Agenda Packet TC 09/11/2006 1
Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, September 11, 2006
6:30 P.M.
A.1 Call to order and announce a quorum.
A.2 Work Session:
Discuss and review items posted to the September 11, 2006 Agenda.
A.3 Invocation.
A.4 The Town Council will respectfully remember the events of September 11, 2001
with a moment of silence.
A.5 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
A.6 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.1 Consent Agenda: Discuss and take appropriate action regarding an Interlocal
Agreement for Participation in Fort Worth's Environmental Collection Center
Household Hazardous Waste Program.
B.2 Consent Agenda: Discuss and take appropriate action regarding an Ordinance
approving the financing of a new police vehicle and 10 new computers.
C.1 Public Hearing: Town Council to conduct a public hearing regarding the Budget
and proposed tax rate increase for fiscal year October 1, 2006 to September 30,
2007. (During the public hearing, the Mayor will announce the date, time and
place of the vote on tax rate.)
C.2 Public Hearing: Consider an Ordinance amending Chapter 13, Article V, Section
5.03 of the Town's Zoning Ordinance to allow hard top pool covers as an
approved accessory structure use and to provide regulations for the same.
2
C.3 Public Hearing: Consider an amendment to Chapter 13, Article IV, Section 4.15
to provide regulations for the modification of masonry requirements for structures
built in the CR-Commercial Recreation Zoning District. (Applicant: Scott Beck,
Beck Properties).
D.1 Discuss and take appropriate action relative to: An Ordinance amending Chapter
13, Article V, Section 5.03 of the Town's Zoning Ordinance to allow hard top pool
covers as an approved accessory structure use and to provide regulations for the
same.
D.2 Discuss and take appropriate action relative to: Consider an amendment to
Chapter 13, Article IV, Section 4.15 to provide regulations for the modification of
masonry requirements for structures built in the CR-Commercial Recreation
Zoning District. (Applicant: Scott Beck, Beck Properties).
D.3 Discuss and receive input relative to an Ordinance amending Article VIII ,
"Schedule of Fees", Chapter 1 of the Code of Ordinances, entitled
“Administration”, by amending Sections 8.03 (L), “Health Permits” and (Y),
“Storm Water Drainage Utility”.
D.4 Discuss and take appropriate action relative to a request by Beck Properties for a
waiver to the concrete parking lot requirement in the Town's Design Standards
for the construction of a crushed gravel parking lot for the proposed golf
maintenance facility to be located to the east of the Wastewater Treatment
Facility. Applicant: Scott Beck, Beck Properties.
D.5 Discuss and take appropriate action to establish a holding account at Tex Pool
for Parkland dedication funds and authorize the execution of necessary
documents.
D.6 Discuss and take appropriate action for utilization of Child Safety Funds.
D.7 Discuss and take appropriate action regarding an Ordinance approving the
financing of a new parks truck and a commercial grade mower.
D.8 Discuss and take appropriate action regarding method of nominations and
appointments to Boards and Commissions and concurrent membership on
advisory groups and boards and commissions.
D.9 Items for Future Agenda.
E.1 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:
3
· 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
F.1 Adjourn.
4
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-11-2006
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
5
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-11-2006
Subject: Agenda Item No.A.3
Invocation.
6
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-11-2006
Subject: Agenda Item No.A.4
The Town Council will respectfully remember the events of September 11,
2001 with a moment of silence.
7
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-11-2006
Subject: Agenda Item No.A.5
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."
8
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-11-2006
Subject: Agenda Item No.A.6
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.
9
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-11-2006
Subject: Agenda Item No.B.1
Consent Agenda: Discuss and take appropriate action regarding an
Interlocal Agreement for Participation in Fort Worth's Environmental
Collection Center Household Hazardous Waste Program.
EXPLANATION:
Attached please find the Interlocal Agreement for Household Hazardous Waste Recycling with the City of
Fort Worth. This is an annual agreement and very similar to the agreement we used last year with a
couple of changes, which are as follows:
1. Cost went up from $40.00 to $46.00 per household due to increased costs under a new
disposal contract and the fact that the ECC will receive no grant funding from NCTCOG.
2. Dates that the center will be closed.
3. The ability for the city to borrow a hazardous materials disposal trailer.
These changes have been tracked in the document.
RECOMMENDATION:
Staff recommends approval.
(bg)
Attachments: 1. Interlocal Agreement with City of Fort Worth
10
INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a home-rule municipal
corporation situated in Tarrant and Denton Counties, Texas, hereinafter called "Fort Worth," acting herein
by and through Libby Watson, its duly authorized Assistant City Manager, and Town of Trophy Club, a
municipality situated in Denton and Tarrant County, Texas, hereinafter called "Participating City," acting
herein by and through Nick Sanders, its duly authorized Mayor.
WITNESSETH
WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of interlocal cooperation
agreements between and among local governments; and
WHEREAS, Texas Government Code, §791.011 provides that a local government may contract with
another to perform governmental functions and services, and §791.003(3)(H) defines waste disposal as a
governmental function and service; and
WHEREAS, Texas Government Code, §791.025 provides that a local government may agree with
another local government to purchase services; and
WHEREAS, Fort Worth and Participating City desire to enter into an interlocal agreement whereby Fort
Worth will purchase the services of a waste disposal/recycling firm or firms and will administer a
household hazardous waste collection program; and
WHEREAS, Fort Worth and Participating City mutually desire to be subject to the provisions of Texas
Government Code, Chapter 791, also known as the Interlocal Cooperation Act.
NOW THEREFORE, it is agreed as follows:
1.
DEFINITIONS
A. Unless a provision in this Agreement explicitly states otherwise, the following terms and phrases,
as used in this Agreement, shall have the meanings hereinafter designated.
Act of God means an act occasioned by the direct, immediate, and exclusive operation of the
forces of nature, uncontrolled or uninfluenced by the power of humans and without human
intervention.
Bill of Lading lists the contents of the mobile collection unit.
Environmental Collection Center (ECC) means the City of Fort Worth Department of
Environmental Management facility located at 6400 Bridge Street, Fort Worth, Texas, which is to
be used by Fort Worth for the aggregation of household hazardous wastes that have been
brought to the facility by participating cities' households for subsequent recycling, disposal, and/or
reuse.
Environmental Damages means all claims, judgments, damages, losses, penalties, fines,
liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and
defense of any claim, whether or not such claim is ultimately defeated, and of any good faith
settlement or judgment, of whatever kind or nature, contingent or otherwise, matured or
unmatured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees
and disbursements and consultant's fees, any of which are incurred subsequent to the execution
of this Agreement as a result of the handling, collection, transportation, storage, disposal,
11
treatment, recovery, and/or reuse of waste pursuant to this Agreement, or the existence of a
violation of environmental requirements pertaining to same, and including without limitation:
(a) Damages for personal injury and death, or injury to property or natural resources;
(b) Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and
all other costs incurred in connection with the investigation or remediation of such wastes or
violation of environmental requirements including, but not limited to, the preparation of any
feasibility studies or reports or the performance of any cleanup, remediation, removal,
response, abatement, containment, closure, restoration or monitoring work required by any
federal, state or local governmental agency or political subdivision, or otherwise expended in
connection with the existence of such wastes or violations of environmental requirements,
and including without limitation any attorney's fees, costs and expenses incurred in enforcing
this Agreement or collecting any sums due hereunder; and
(c) Liability to any third person or governmental agency to indemnify such person or agency for
costs expended in connection with the items referenced in subparagraph (b) herein.
Environmental requirements means all applicable present and future statutes, regulations, rules,
ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions,
franchises, and similar items, of all governmental agencies, departments, commissions, boards,
bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all
applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the
protection of human health or the environment, including without limitation:
(a) All requirements, including but not limited to those pertaining to reporting, licensing,
permitting, investigation, and remediation of emissions, discharges, releases, or threatened
releases of hazardous materials, pollutants, contaminants, or hazardous or toxic substances,
materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surface water,
groundwater, stormwater, or land, or relating to the manufacture, processing, distribution,
use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or
hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in
nature; and
(b) All requirements pertaining to the protection of the health and safety of employees or the
public.
Force majeure means decrees of or restraints by a governmental instrumentality, acts of God,
work stoppages due to labor disputes or strikes, failure of Fort Worth’s contractor(s) to perform
pursuant to their agreements with Fort Worth for the conduct of the collection of household
hazardous waste, fires, explosions, epidemics, riots, war, rebellion, and sabotage.
Household hazardous waste (HHW) means any solid waste generated in a household by a
consumer which, except for the exclusion provided for in 40 CFR § 261.4(b)(1), would be
classified as a hazardous waste under 40 CFR Part 261.
Manifest means the uniform hazardous waste manifest form(s) furnished by the TCEQ to
accompany shipments of municipal hazardous waste or Class 1 industrial solid waste for waste
transported to a site in Texas, or the comparable manifest of the receiving state if the waste is
transported out of Texas.
Mobile collection event means a household hazardous waste collection event by Participating
City utilizing a mobile collection unit.
12
Fort Worth Mobile Collection Unit (MCU) means a non-self-propelled vehicle used for the periodic
collection of household hazardous waste by Participating City, off-site of the ECC, which is
transported to the ECC to dispose of the household hazardous waste collected at the mobile
collection event. The Fort Worth Mobile Collection Unit is designed to hold the hazardous waste
of approximately 50 to 75 households.
Participating Cities, when used in the plural, means Fort Worth, Participating City, and all other
entities which have entered into interlocal agreements with Fort Worth for the ECC household
hazardous waste collection program.
Person means an individual, corporation, organization, government, or governmental subdivision
or agency, business trust, partnership, association, or any other legal entity.
Waste has the same meaning as "solid waste" as that term is defined in Texas Health and Safety
Code §361.003, and including hazardous substances.
B. Unless a provision in this Agreement explicitly states otherwise, the following abbreviations, as
used in this Agreement, shall have the meanings hereinafter designated.
CERCLA - Comprehensive Environmental Response, Compensation, and Liability Act.
CPR - cardiopulmonary resuscitation.
DOT - United States Department of Transportation.
ECC - Environmental Collection Center.
EPA - United States Environmental Protection Agency.
HAZCAT - hazardous categorization.
HAZWOPER - hazardous waste operations and emergency response.
HM - hazardous materials.
HHW - household hazardous waste.
MCU - Mobile Collection Unit.
2.
PURPOSE
The purpose of this interlocal agreement (hereafter "Agreement") is the provision of services by Fort
Worth to Participating City whereby, subject to the terms and conditions specified below, Fort Worth will
administer and supervise a regional household hazardous waste collection program, which will be
available to households within Participating City as described herein.
3.
TERM
This Agreement shall be effective from the date the last party has signed this agreement through
September 30, 2007.
Deleted: 6
13
4.
SERVICES OF FORT WORTH
Fort Worth agrees to perform the following services for Participating City in connection with the ECC
household hazardous waste collection program:
A. Fort Worth will administer a regional household hazardous waste collection program. This
program will include the operation of the Environmental Collection Center, which will accept for
disposal and/or recycling household hazardous waste from households located within
Participating City. Fort Worth shall not accept compressed flammable gas containers; radioactive
materials; explosives or potentially shock sensitive materials; biological, etiologic, and infectious
materials; wastes from businesses; and any other wastes that Fort Worth has determined are
unacceptable.
B. Fort Worth will employ or retain personnel to provide the services necessary to perform Fort
Worth's obligations in this Agreement.
C. Fort Worth will enter into a contract(s) with waste disposal/recycling firm(s) for the handling,
collection, transportation, storage, disposal, treatment, recovery, and/or reuse of household
hazardous waste, which is collected at the ECC.
D. Fort Worth will, if requested in writing by Participating City, provide Participating City with copies
of waste manifests for shipments of waste from the ECC.
E. Fort Worth will, if requested in writing by Participating City, provide Participating City a monthly
report of the Participating City's households who disposed of household hazardous waste at the
Environmental Collection Center or a Mobile Collection Event.
F. Fort Worth will issue a report and a bill at the end of each quarter detailing the number of
Participating City's households that disposed of household hazardous waste at the Environmental
Collection Center or at a mobile collection event in an amount not to exceed EIGHT THOUSAND
DOLLARS AND N0/100 DOLLARS ($8,000.00).
G. Fort Worth will act under this Agreement in accordance with all applicable state and federal laws.
H. Non-Fort Worth Mobile Collection Unit
1. Fort Worth agrees to accept household hazardous waste from Participating City's MCU in
accordance with Section 5, of this Agreement.
2. Fort Worth agrees to restock the items it removes from Participating City's MCU,
however, Fort Worth shall only restock items listed in Exhibit "A", attached and
incorporated herein as if set forth.
I. Mobile Collection Events –Using Fort Worth's Unit
1. If Participating City would like to schedule a mobile collection event with the Fort Worth
Mobile Collection Unit, Fort Worth will send Participating City a list of available dates.
Participating City will contact Fort Worth as soon as possible to schedule the date, time
and location agreeable to both parties.
(a) Location
If Participating City chooses to hold the Mobile Collection Event on private
property, Participating City shall obtain a signed waiver from the owner of the
property one (1) week prior to the event. The waiver shall be in the form of
Exhibit B or similar form approved by Fort Worth. The signed waiver must be
sent to Fort Worth one (1) week before the Mobile Collection Event. If the signed
14
waiver is not sent to Fort Worth one (1) week before the Mobile Collection Event,
Fort Worth will not send the Fort Worth Mobile Collection Unit to the event and
Participating City will, in no event, be entitled to any damages of recovery of any
costs, except as provided herein.
(b) Available Dates
Participating City acknowledges that Fort Worth contracts with other
municipalities and that Fort Worth will be accommodating each Participating
City's request on a first-come, first-served basis. Therefore, Participating City
acknowledges that its chosen date to schedule a mobile collection event may be
reserved by another City and Participating City will have to then choose another
date. Participating City will, in no event, be entitled to any damages or recovery
of any costs, except as provided herein.
2. At the Mobile Collection Event, Participating City acknowledges and agrees that Fort
Worth shall accept household hazardous waste from the first 50 households that show
proof of residency at the Mobile Collection Event. After the first 50 households, Fort
Worth will determine in its sole discretion how much more waste it can accept and store
properly. If more households arrive at the event than Fort Worth can accept, Participating
City will in no event be entitled to any damage of recovery of any costs, except as
provided herein.
3. Due to the lack of storage space at the ECC, Participating City acknowledges and agrees
that if it requests the Fort Worth Mobile Collection Unit at a mobile collection event, a
Participating City's Non-Fort Worth Mobile Collection Unit shall not also be at the event.
4. City, in its sole discretion, will determine whether to send the Fort Worth Mobile
Collection Unit to Participating City's Collection Event during adverse weather or the
threat of adverse weather including but not limited to sleet, snow, rain, mist or hail. In the
event Fort Worth determines not to send the Fort Worth Mobile Collection Unit, Fort
Worth shall notify persons listed in Section 5, Paragraph A and shall send a Fort Worth
employee to the Participating City's event to tell any residents that come to dispose of
household hazardous waste; 1) that the Fort Worth Mobile Collection Unit will not be
coming to the event, and, 2) that the resident can go to the ECC to dispose of the waste
and provide a map to the ECC.
J. Loan of the Special Mobile Collection Unit
1. Participating City may request the loan of Fort Worth’s Special Mobile Collection Unit,
which is a specially designed and equipped thirty-six foot (36’) gooseneck box-trailer and
one (1) ton pickup, free of charge, for use in a Household Hazardous Waste Collection
Event when available. Participating City may use the Special Mobile Collection Unit to
transport HHW to Fort Worth’s ECC or another collection center which may lawfully
receive HHW. Participating City shall provide Fort Worth with a written request, facsimile
or e-mail at least thirty (30) days prior to the HHW collection Event for which the request
is made. Fort Worth shall have sole determination whether the Special Mobile Collection
Unit is available for use by Participating City and shall notify Participating City as soon as
is reasonably practicable of such decision. Fort Worth shall not participate nor be
responsible for any part of the Participating City’s HHW Collection Event unless and
except by written mutual agreement.
2. The Special Mobile Collection Unit shall be in good working condition and Fort Worth
shall disclose any known problems the Special Mobile Collection Unit may have in
performing the tasks necessary for the HHW Collection Event. Prior to issuance of the
Special Mobile Collection Unit, a pre-trip inspection for potential maintenance problems
will be performed by Fort Worth. Also, both parties will complete a pre-aesthetic
Formatted: Indent: Left: 36 pt,
Hanging: 36 pt
15
assessment. Participating City shall be responsible for all certifications, and insurance
necessary for the proper operation of the Special Mobile Collection Unit.
3. Participating City agrees to maintain and return the Special Mobile Collection Unit in as
good condition as it was in when Participating City took possession for use. Participating
City shall return the Special Mobile Collection Unit to Fort Worth in a timely manner and
as mutually agreed upon.
4. Participating City shall be responsible for all work-related property damage, personal
injury or death caused by Participating City’s employees or volunteers and arising out of
the use of the Special Mobile Collection Unit during the term of this Agreement.
5. It is expressly understood and agreed that, in the execution of this Agreement, neither of
the parties waives, nor shall be deemed hereby to waive, any immunity or defense that
would otherwise be available to it against claims arising in the exercise of governmental
powers and functions. By entering into this Agreement, the parties do not intend to
create any obligations; expressed or implied, other than those set forth herein and this
Agreement shall not create any rights in parties not signatories hereto.
5.
DUTIES OF PARTICIPATING CITY
Participating City agrees to perform the following duties in connection with the household hazardous
waste collection program:
A. Participating City will designate one of its employees, and another as an alternate, to act as its
household hazardous waste collection coordinator to interact with Fort Worth.
Designated person is: Beth Ann Gregory, telephone number: 682.831-4606. Pager number or
24-hour number where he or she can be reached: 817-538-2895.
Alternate person is: Roger Unger, telephone number: 682-831-4613.
Pager number or 24-hour number where he or she can be reached: 817-538-2903.
B. Participating City will coordinate and fund all program advertising targeted to its own citizens, as it
deems necessary. Such advertising shall include the type of wastes that will be accepted at the
ECC, the requirement of proof of residency and weather cancellation information.
C. Participating City shall notify its residents of the ECC hours of operation and dates it is closed as
provided in Section 9 "The Environmental Collection Center Hours of Operation."
D. Participating City may choose to utilize a voucher system for its residents in order for them to
bring HHW to the ECC. If Participating City chooses to use such a system, it shall notify Fort
Worth of the decision, and shall provide Fort Worth with a copy of the official voucher. In addition,
if a citizen from a Participating City that utilizes a voucher system comes to the ECC or a mobile
collection event without a voucher, Participating City acknowledges and agrees that Fort Worth
will not accept the household hazardous waste until Participating City authorizes the acceptance
in writing.
E. Participating City may submit a written request for a monthly report listing the number of its city's
households that have disposed of household hazardous waste at the ECC or a mobile collection
event.
F. Participating City shall provide traffic control and signage for the mobile collection events, and
shall provide personnel to assist Fort Worth with the survey and screening of persons dropping
Formatted: Underline
Deleted: l
Deleted: Page Break
16
off household hazardous waste. The parties prior to the event shall agree upon the details of the
traffic control, signage, and personnel assistance.
G. Participating City's Mobile Collection Units Collecting Household Hazardous Waste
1. Participating City shall advise the ECC program manager at least 72 hours in advance of
its mobile collection events. Participating City shall collect only HHW during a mobile
collection event. Wastes from commercial, agricultural, and industrial sources shall not be
accepted. Participating City shall not accept compressed flammable gas containers;
radioactive materials; explosives or potentially shock sensitive materials; biological,
etiologic, and infectious materials; and any other wastes that Fort Worth has determined
are unacceptable.
2. In accordance with the latest DOT requirements, Participating City's MCU operators will
properly categorize, package, mark, label, and load into the MCU, all wastes received at
the mobile collection event. Recyclable products (used oil, used oil filters, latex paint,
recyclable anti-freeze, lead-acid batteries, and fluorescent lights) will be segregated into
containers for recyclables.
3. After accepting wastes, Participating City's MCU operators shall thoroughly check each
container for proper labeling and identification. If a container is properly identified, the
material will be segregated according to hazard class and prepared for packaging. If a
container does not have adequate labeling to permit identification, the MCU operators
shall then attempt to identify the material from its physical characteristics using HAZCAT
analysis and from information provided by the household presenting the waste.
4. The Participating City's MCU operators shall package all hazardous materials in
accordance with United States Department of Transportation (DOT) requirements, United
States Environmental Protection Agency (EPA) requirements, and all other applicable
federal and state requirements. After all the wastes have been properly identified and
segregated, the MCU operators will reexamine the wastes for compatibility, list them on
the container content sheets, and pack them into drums. Oil-based paints and latex
paints shall be bulked separately in 55-gallon drums, or if the paint is left in its container,
the paint can be packed in a lined cubic yard box, and packed and labeled according to
federal and state regulations. Participating City shall not transport waste that is not HHW
to the ECC. Participating City agrees to make its own arrangements to dispose of any
non-HHW waste collected at the event.
5. Prior to transporting the HHW from the collection event site(s), Participating City's MCU
operators shall complete a Bill of Lading, and shall keep the Bill of Lading in the cab of
the truck hauling the MCU during transportation of the HHW to the ECC. Participating
City shall require that a minimum of one copy of the latest North American Emergency
Response Guidebook be kept within the cab of the truck.
6. During transportation, Participating City's MCU operators shall placard the MCU for
transportation of hazardous waste in accordance with federal and state law.
7. Upon the return of the MCU to the ECC, Participating City's MCU operators shall follow
the instructions of Fort Worth regarding the placement of the MCU for unloading. Fort
Worth shall take possession of the MCU from Participating City after the MCU has been
properly parked for unloading in accordance with Fort Worth's instructions and all
required documents have been delivered to the ECC program manager or his designee
at the ECC. Fort Worth shall, within a reasonable amount of time, unload the HHW from
the non-Fort Worth MCU and store the HHW at the ECC.
17
8. If Fort Worth, in its sole discretion, determines that Participating City's MCU operators
improperly packaged any of the HHW delivered to the ECC, Fort Worth shall repackage
such waste, and Participating City shall reimburse Fort Worth as set forth in Section 10.,
Paragraph B.
9. If a spill occurs at the ECC while the MCU is still in Participating City's possession, Fort
Worth shall take control of the spill response and Participating City will reimburse Fort
Worth for its response costs as set forth in Section 10, Paragraph C.
6.
USE OF WASTE DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE
A. Fort Worth will enter into a contract(s) with waste disposal/recycling firm(s) for the handling,
collection, transportation, storage, disposal, treatment, recovery, and/or reuse of household
hazardous waste, which is collected at the ECC.
B. Such firm(s) shall be required pursuant to the contract(s) to assume generator status for the
waste collected, (excluding used oil, lead-acid batteries and antifreeze) to choose a disposal site
for the waste subject to Fort Worth's approval, and to indemnify Fort Worth and participating cities
against any and all environmental damages and the violation of any and all environmental
requirements resulting from the handling, collection, transportation, storage, disposal, treatment,
recovery, and/or recycling of waste collected pursuant to this agreement, when said
environmental damages or the violation of said environmental requirements was the result of any
act or omission of contractor, its officers, agents, employees, or subcontractors, or the joint act or
omission of contractor, its officers, agents, employees, or subcontractors and any other person or
entity.
C. THE PARTIES RECOGNIZE THAT ALTHOUGH THE FIRM(S) WILL BE REQUIRED TO
ASSUME GENERATOR STATUS, THIS ASSUMPTION WILL NOT RELIEVE PARTICIPATING
CITY OF LIABILITY FOR THE WASTE UNDER FEDERAL LAW AND STATE LAW. Fort Worth
will arrange for recycling vendors for used oil, batteries, antifreeze, and other materials, as it
deems appropriate.
7.
REUSE OF COLLECTED MATERIALS
A. From time-to-time, Fort Worth will make available to residents and businesses of Fort Worth, as
well as, Participating City and residents and businesses of Participating City for their use,
collected household hazardous waste materials that are suitable for reuse, such as paint,
fertilizer, motor oil, and antifreeze. Fort Worth shall not charge for any materials that are picked
up for reuse.
B. Some materials made available for reuse may have been consolidated and filtered by Fort Worth
prior to being made available. Used antifreeze will have been consolidated in a barrel, filtered,
and pH balanced, and new antifreeze may have been added to the barrel.
C. In regards to materials accepted by Participating City, FORT WORTH MAKES NO
REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT:
1. the container contents are what the label indicates;
2. the container contents are those originally placed into the container by the
manufacturer;
3. the product is of the quality intended for its use;
Formatted: Indent: Left: 0 pt,
Hanging: 36 pt
Formatted: Bullets and Numbering
Deleted: .
Deleted: Page Break
18
4. the contents of the container have been stored properly;
5. the instructions on the container label for use, storage, and first aid are current or correct;
6. the container is in unimpaired condition;
7. the product is still approved for use (i.e., it has not been banned or recalled); and
8. the product can be used without risk to persons, property or the environment.
FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE SPECIFICALLY
DENIED.
D. Participating City shall contact the ECC program manager to arrange a pickup time to obtain
materials. Participating City agrees that it shall not return to Fort Worth, directly or indirectly, any
materials it obtains from Fort Worth under this paragraph.
E. IN REGARDS TO MATERIALS ACCEPTED BY PARTICIPATING CITY, PARTICIPATING CITY
DOES HEREBY WAIVE ALL CLAIMS, INCLUDING PRODUCTS LIABILITY CLAIMS, AND
RELEASES, AND HOLDS HARMLESS THE CITY OF FORT WORTH, AND ALL OF ITS
OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEERS, IN BOTH THEIR
PUBLIC AND PRIVATE CAPACITIES, FROM ANY AND ALL LIABILITY, CLAIMS, SUITS,
DEMANDS, EXPENSES OF LITIGATION, OR CAUSES OF ACTION WHICH MAY ARISE BY
REASON OF INJURY TO PERSONS, LOSS OF PROPERTY, DAMAGE TO PROPERTY, OR
LOSS OF USE OF ANY PROPERTY, OCCASIONED BY THE TRANSPORTATION,
STORAGE, HANDLING, USE, AND DISPOSAL BY PARTICIPATING CITY OF ANY
MATERIALS ACCEPTED BY PARTICIPATING CITY UNDER THIS AGREEMENT FROM FORT
WORTH.
F. In regards to materials accepted by residents or businesses of Participating Cities, FORT
WORTH MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT:
1. the container contents are what the label indicates;
2. the container contents are those originally placed into the container by the
manufacturer;
3. the product is of the quality intended for its use;
4. the contents of the container have been stored properly;
5. the instructions on the container label for use, storage, and first aid are current or correct;
6. the container is in unimpaired condition;
7. the product is still approved for use (i.e., it has not been banned or recalled); and
8. the product can be used without risk to persons, property or the environment.
FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE SPECIFICALLY
DENIED.
G. Participating City shall attempt to inform its residents and businesses that if they go to the
Environmental Collection Center to pick up household hazardous waste for reuse, a release of
liability must be signed to accept the household hazardous waste for reuse.
Deleted: Page Break
19
8.
RIGHT TO REFUSE WASTE
Participating City agrees that Fort Worth shall have the right to refuse to accept waste at the ECC from
Participating City's resident and to eject such individual from the premises of the ECC, if in the reasonable
judgment of Fort Worth:
A. The waste is not household hazardous waste;
B. The waste fails to meet other established criteria established by this Agreement, or that have
been established by Fort Worth subsequent to the execution of the Agreement;
C. The individual does not have sufficient identification to establish that he/she is in fact a resident of
Participating City;
D. Participating City has implemented a voucher system for its residents to dispose of waste, and
the individual does not have a valid voucher; or
E. The waste or the individual presents a hazard to the ECC or to persons or property at the ECC.
9.
ENVIRONMENTAL COLLECTION CENTER HOURS AND DAYS
OF OPERATION
A. Hours of Operation
During the term of the Agreement, the ECC's hours of operation are as follows:
Thursday and Friday from 11:00 a.m. to 7:00 p.m.
Saturday from 9:00 a.m. to 3:00 p.m.
B. Days the Environmental Collection Center will be closed
During the term of the Agreement, the ECC will be closed on the following days:
Thanksgiving Holiday, November 23-24, 2006
Christmas Holiday, December 25, 2006
New Year’s Eve, January 1, 2007
M.L.K. Day January 15, 2007
Memorial Day, May 28, 2007
Independence Day, July 4, 2007
Labor Day, September 3, 2007
C. Notifying Residents
Participating City agrees to notify its residents of the ECC's hours of operation and dates it will be closed.
Participating City may advertise the 24-hour Environmental Collection Center telephone number to give
its residents the Environmental Collection Center's hours. The number is: (817) 871-5257.
10.
COMPENSATION
As fair compensation for the services provided by Fort Worth pursuant to this Agreement:
A. Participating City agrees to pay Fort Worth the sum of $46.00 per household per visit to the ECC
or per household for participation in a Mobile Collection Event to dispose of household hazardous
waste.
Deleted:
Deleted: 4
Deleted: 5
Deleted: 5
Deleted: 6
Deleted: 5
Deleted: December 30-3
Deleted: 5
Deleted: 16
Deleted: 6
Deleted: 9
Deleted: 6
Deleted: 6
Deleted: 4
Deleted: 6
Deleted: 0
20
B. If Fort Worth determines that Participating City's MCU operators improperly packaged any of the
HHW delivered to the ECC, Fort Worth shall repackage such waste, and Participating City shall
reimburse Fort Worth for it staff time at $20.00 an hour and the cost of supplies.
C. If a spill occurs at the ECC while the non-Fort Worth MCU is still in Participating City's
possession, Fort Worth shall take control of the spill response and Participating City will
reimburse Fort Worth for its response costs of $60.00 per hour staff time and the cost of supplies.
D. The amount due to Fort Worth for services provided under this Section, Paragraphs A, B, and C,
shall be billed to Participating City quarterly in an amount not to exceed EIGHT THOUSAND AND
NO/100 DOLLARS ($8,000.00) ANNUALLY. Participating City shall pay Fort Worth within 30
days of receiving a bill from Fort Worth. If Fort Worth does not receive payment within 30 days,
Fort Worth shall inform Participating City in writing that it will not accept any household hazardous
waste from Participating City's residents and that Fort Worth will not participate in a mobile
collection event or provide a mobile collection unit until paid.
E. At the end of the term of this Agreement, Fort Worth shall provide a final accounting to
Participating City, which will include the total number of Participating City's households, which
participated in the program, repackaging fees, if any, and the total cost of spill response charged
to Participating City, if any.
F. Pursuant to the requirements of Government Code §791.011 (a)(3), the amount due to Fort
Worth under Subparagraph D. above shall be paid from revenues currently available to
Participating City in the present fiscal year.
11.
ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIONAL MATERIALS
LICENSE AGREEMENT
Fort Worth is the owner of "Captain Crud" and the Cruddies ("Bloomer," "Otto," "Pestie, "Scrub," and
"Van Goo") "Conquer Your Crud," and "Crud Cruiser", and therefore all ownership rights belong to
Fort Worth. Fort Worth has registered these marks as service marks with the Secretary of State.
A. Fort Worth hereby grants to Participating City a non-transferable, non-exclusive license to use all
the artwork and promotional materials that may be provided by Fort Worth to be used solely in the
conduct of the business of Participating City's disposal and recycling of household hazardous
waste programs. If Participating City wishes to use to Licensed Art and/or Promotional Materials
in other limited situations, Participating City must first obtain express written consent from Fort
Worth.
B. Fort Worth may provide licensed Artwork and Promotional Materials to Participating City pursuant
to the terms of this Agreement. Participating City acknowledges that by virtue of this License,
Participating City acquires only the right to use the original and permitted duplicate copies of the
Licensed Artwork and Promotional Materials and does not acquire any rights of ownership in the
Licensed Artwork and Promotional Materials, which rights shall remain exclusively with Fort
Worth. If Participating City wants to modify or change the artwork and/or promotional materials in
any manner, Participating City hereby agrees to contact Fort Worth in writing to obtain written
consent before modifying or changing any artwork and/or promotional materials.
C. If Participating City desires an actor to portray "Captain Crud" for an event, Participating City shall
use actors approved by Fort Worth to portray "Captain Crud" since "Captain Crud" is owned by
Fort Worth. Participating City shall be solely responsible for compensating actor for the services
provided to Participating City. Participating City will contact Fort Worth as soon as possible with
the date and time of the event agreeable to both parties to obtain approval for the chosen actor
and to request and pickup the "Captain Crud" costume for its events. Fort Worth will provide the
"Captain Crud" costume. However, Participating City agrees to be liable to Fort Worth for any
Deleted: Page Break
21
damage to the costume or if Participating City fails to return the entire costume to Fort Worth or if
the costume is not returned in the same condition as received.
12.
IMMUNITY
It is expressly understood and agreed that, in the execution of this Agreement, none of the participating
cities waives, nor shall be hereby deemed to waive, any immunity or defense that would otherwise be
available to it against claims arising in the exercise of governmental powers and functions, and that the
services described in this Agreement are a governmental function.
13.
FORCE MAJEURE
A delay or failure of Fort Worth to perform services pursuant to this Agreement shall be excused to the
extent that the delay or failure to perform resulted from a force majeure event, and the delay or failure
was beyond the control of Fort Worth and not due to its fault or negligence. Participating City shall not
have, and hereby waives, any claim whatever for any damages resulting from delays or failure to perform
caused by a force majeure event.
14.
TERMINATION
The parties shall each have the right to terminate the Agreement for any reason, with or without cause,
upon thirty (30) days written notice to the other party. Upon termination, the parties shall be released from
all contractual obligations to the other party excluding "USE OF WASTE DISPOSAL/RECYCLING FIRMS
FOR HOUSEHOLD HAZARDOUS WASTE" (Paragraph 6) "REUSE OF COLLECTED MATERIALS"
(Paragraph 7) and "ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIONAL
MATERIALS LICENSE AGREEMENT (Paragraph 11).
15.
NOTICE
Any notices required to be given under this Agreement shall be delivered as follows:
If to Fort Worth:
Brian Boerner, CHMM, Director
Department of Environmental Management
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
If to Participating City:
Brandon Emmons, Town Manager
Town of Trophy Club, Texas
100 Municipal Drive
Trophy Club, Texas 76262
Facsimile: 817.491.9312
Deleted: Page Break
Deleted: Donna Welsh
22
16.
ENTIRETY
This Agreement contains all commitments and Agreements of the parties hereto, and no other oral or
written commitments shall have any force or effect if not contained herein, except that this Agreement can
be amended or modified by the parties if such amendment or modification is in writing and signed by
Participating City and Fort Worth.
17.
SEVERABILITY
In the event anyone or more of the provisions contained in this Agreement shall for any reason be held to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not
affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provisions had never been contained herein.
18.
VENUE
Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of this
Agreement; venue for said action shall be in Tarrant County, Texas.
19.
AUTHORITY
This Agreement is made for Fort Worth and Participating City as an Interlocal Agreement, pursuant to
Texas Government Code, Chapter 791.
20.
AUTHORIZATION
The undersigned officers and/or agents of the parties hereto are 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 necessary resolutions extending such authority have been duly passed and
are now in full force and effect.
EXECUTED IN TRIPLICATE
CITY OF FORT WORTH TOWN OF TROPHY CLUB
By: By:
_____________________________ _____________________________
Libby Watson Nick Sanders
Assistant City Manager Mayor
Date: Date:
APPROVED AS TO FORM: APPROVED AS TO FORM:
_____________________________ _____________________________
Deleted: Page Break
Deleted:
Deleted: ¶
23
Assistant City Attorney Town Attorney
ATTEST: ATTEST:
_____________________________ _____________________________
Martha Hendrix Lisa Ramsey
City Secretary Town Secretary
____________________________
Contract authorization
____________________________
Date
24
Exhibit "A"
RESTOCKING LIST FOR THE MOBILE COLLECTION UNIT
Material Amount restocked Special Needs Remarks
55-gallon open top
drums (open top for
loose packs)
Amount taken off the
trailer
55-gallon drums
(closed top) (Oil,
antifreeze, bulk
flammable materials
and one extra)
Amount taken off the
trailer
Fiber drums (55- or 30-
gallon) Aerosols, acids,
bases and oxidizers)
Amount taken off the
trailer
Gaylord box liners
(plastic)
Amount taken off the
trailer
55-gallon drum liners Amount taken off the
trailer
5-gallon buckets
(filters/haz chemicals)
Amount taken off the
trailer
Survey Forms Amount taken off the
trailer
Labels/drum placard Amount taken off the
trailer
Gaylord boxes Amount taken off the
trailer
Absorbent pads Amount taken off the
trailer
Vermiculite Amount taken off the
trailer
Oil dry Amount taken off the
trailer
Promotional Materials &
Brochures
Amount taken off the
trailer
25
Exhibit "B"
WAIVER AND RELEASE OF LIABILITY FOR COLLECTION OF HOUSEHOLD
HAZARDOUS WASTE
I being the owner of property located at ______________________________________
have been asked by the Town of Trophy Club to allow a mobile collection event on my property to collect
household hazardous waste on the ________________, 200__.
In consideration of _________________________, I hereby give my permission to the Town of Trophy
Club to hold a household hazardous waste collection event on my property in which the Town of Trophy
Club has asked the City of Fort Worth to send its mobile collection unit to collect the household
hazardous waste that is brought to the event.
Therefore, in consideration of _________________________________, I hereby RELEASE,
DISCHARGE, HOLD HARMLESS, INDEMNIFY the City of Fort Worth or its officers, agents, and
employees and the Town of Trophy Club and its officers, agents, and/or employees for any and all claims,
demands, liability, causes of action, actions or suits of any character that I may have against the City of
Fort Worth or its officers, agents, and/or employees and the Town of Trophy Club or its officers, agents,
and/or employees for any property loss or damage, for any and all personal injury including death or any
other damage of any kind or character which may arises or that arises from allowing the Town of Trophy
Club to hold a household hazardous waste collection event, in which the City of Fort Worth sends its
mobile collection unit on my property.
I have read this Waiver and Release and fully understand its terms and conditions. I have not been
influenced in any extent whatsoever by any representation or statements not contained in this Agreement.
I hereby acknowledge that this Waiver and Release is given in consideration of
_________________________________________________.
_________________________________ ______________________________
Signature Date
________________________________ ______________________________
Witness Witness
26
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-11-2006
Subject: Agenda Item No.B.2
Consent Agenda: Discuss and take appropriate action regarding an
Ordinance approving the financing of a new police vehicle and 10 new
computers.
EXPLANATION:
10 New Computers:
These are the scheduled replacement of our current 10 desktop computers. The
average age of the desktops is over 4 years. The tentative replacements are as follows
based on needs:
1.) Finance (Jim)
2.) Finance (Renae)
3.) DPS Patrol Room
4.) Court (Carol)
5.) Warrant Officer (Teri)
6.) Court (Sakura)
7.) Fire/EMS (Shane)
8.) Permitting (Ron)
9.) Police (Donna)
10.) Collections (Adrian)
We get a much better interest rate by combining it with the police vehicle. We do not
plan on any replacements next fiscal year.
RECOMMENDATION: Staff recommends approval.
ACTION BY COUNCIL:
Attachments: 1. Ordinance
27
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, AUTHORIZING AND APPROVING THE
TERMS AND CONDITIONS OF A NOTE AS WELL AS THE SPECIFIED
LENDER FOR THE PURCHASE OF A 2007 POLICE VEHICLE AND TEN
(10) REPLACEMENT COMPUTERS WITH AN AGGREGATE TOTAL
NOT TO EXCEED FORTY ONE THOUSAND DOLLARS ($41,000)
PAYABLE ANNUALLY COMMENCING IN FISCAL 2007 AND BEING
RETIRED IN FISCAL 2009; AUTHORIZING THE TOWN MANAGER OR
HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club is a Home Rule
municipality created under the Constitution of the State of Texas; and
WHEREAS, It has been the practice of the Town to annually replace one police
patrol vehicle and the need for a replacement vehicle does exist; and
WHEREAS, A need for ten (10) replacement desktop computers has been
identified by the IT department and the lease terms from the manufacturer were not
satisfactory; and
WHEREAS, The Town Council has historically utilized short term debt financing
to purchase needed equipment in order to spread the cost of equipment over the useful
life of the equipment and provisions have been made in next years budget as well as
the out year budgets for payment of this debt; and
WHEREAS, Several lenders were asked to provide and did provide terms for this
financing and BancorpSouth proposed the best terms (4.29% interest rate) for this type
of financing;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
Section 1. All of the above premises are found to be true and correct and are
hereby affirmed and adopted as findings by the Town Council of the Town of Trophy
Club.
Section 2. The Town Council hereby approves the terms of this Ordinance,
finds the expenditure and the proposed financing of an amount not to exceed Forty One
Thousand and No/100 Dollars ($41,000.00) to be necessary and prudent under the
28
current circumstances, authorizes the purchase and financing of the above referenced
equipment, and accepts the proposal as put forth by BancorpSouth.
Section 3. The Town Manager is hereby authorized to purchase the needed
equipment and to execute the appropriate documents with BancorpSouth for the
financing of the amount due for the vehicle and computer equipment.
Section 4. This Ordinance is hereby approved and shall become effective
immediately upon its passage.
DULY PASSED AND APPROVED this the 11th day of September, 2006.
____________________________________
Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
___________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
___________________________
Town Attorney
Town of Trophy Club, Texas
29
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-11-2006
Subject: Agenda Item No.C.1
Public Hearing: Town Council to conduct a public hearing regarding the
Budget and proposed tax rate increase for fiscal year October 1, 2006 to
September 30, 2007. (During the public hearing, the Mayor will announce
the date, time and place of the vote on tax rate.)
EXPLANATION:
The Mayor is required to announce the date, time and place of the vote on the tax rate
and this announcement must be made during the public hearing on the tax rate.
Suggested wording for announcement, “The Town Council will be voting on the 2006-07
tax rate on September 18, 2006, during their Regular Session, which starts at 7:00 P.M.
The meeting will be held here in the Council Chambers.”
RECOMMENDATION:
ACTION BY COUNCIL:
30
31
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-11-2006
Subject: Agenda Item No.C.2
Public Hearing: Consider an Ordinance amending Chapter 13, Article V,
Section 5.03 of the Town's Zoning Ordinance to allow hard top pool covers
as an approved accessory structure use and to provide regulations for the
same.
STAFF COMMENTS:
Recently, a resident inquired about the possibility of installing a hard top pool safety
cover over his pool. The structure is considered an accessory use, however this type of
use is not currently permitted in the Town’s Zoning Ordinance.
The Town Council directed staff to draft provisions allowing this type of structure, at
their 19 June 2006 meeting. Staff presented an ordinance to the Planning & Zoning
Commission, and they recommended the following Ordinance at their 17 August 2006
meeting:
Motion - Reed
Second – Moss
Ayes – Hill, Moss, Reed, Sheridan, Stamos, Stephens
Nays - Ashby
This Ordinance amendment lists hard top pool covers as an approved accessory
structure use and regulates their height. I have included pictures of the cover for your
information.
(kcf)
32
33
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006-__
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE TOWN OF TROPHY
CLUB, TEXAS, BY REVISING CHAPTER 13, “ZONING”, ARTICLE V,
“SUPPLEMENTARY DISTRICT REGULATIONS”, SECTION 5.03,
“ACCESSORY STRUCTURES”, PARAGRAPHS (1)(a); (1)(b)(ix) AND
(1)(e)(i) IN ORDER TO ADD PROVISIONS ALLOWING HARD TOP
POOL COVERS; PROVIDING FOR INCORPORATION OF PREMISES;
PROVIDING AN AMENDMENT; PROVIDING A SAVINGS AND
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING
A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR
ON WHICH A VIOLATION OCCURS OR CONTINUES PROVIDING FOR
PUBLICATION; 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 Chapter 9 of the Texas Local
Government Code; and
WHEREAS, the Town Council has determined that zoning regulations for hard
top pool covers would be a benefit to the residents of the Town;
WHEREAS, after public notices were given in compliance with State law and
public hearings were conducted, and after considering the information submitted at
those public hearings and all other relevant information and materials, the Planning and
Zoning Commission of the Town has recommended to the Town Council the approval of
the proposed amendments to the Zoning Chapter of the Code of Ordinances, as set
forth in this Ordinance; and
WHEREAS, after due deliberation and consideration by Town Council of the
Town of Trophy Club, Texas at properly posted public hearings, the Town Council now
deems it necessary to adopt this Ordinance amending the Code of Ordinances of the
Town and of the public health, safety and welfare;
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
34
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01 Article V entitled, “Supplementary District Regulations” of Chapter 13,
entitled “Zoning” of the Code of Ordinances of the Town of Trophy Club, Texas, is
hereby amended to revise Section 5.03 (1)(a); (1)(b)(ix) and (1)(e)(i) to reads as follows:
“An accessory structure shall comply in all respects with the requirements of this
ordinance applicable to the main structure, and in accordance with the following:
All residentially zoned districts shall be subject to the following regulations.
1. Permitted Accessory Structures
a. Excluding pools and covers, accessory structures less than one hundred
twenty (120) square feet of floor area shall not require a building permit.
Hard top pool covers not greater than the allowable fence height for that
property shall not require a permit.
b. The following structures and uses shall be permitted as accessory to the
principal structure provided that none shall be a source of income to the
owner or user of the principal single-family dwelling,
i. Detached private garage in connection with any use, provided that no
such garage shall face a golf course; and provided that any detached
garage which faces a street be located a minimum of forty-five feet (45’)
from the front property line; and provided, however, that the
requirement that no such garage face any street shall not apply where
the rear yard of a lot abuts a street which is contiguous to the perimeter
of the Town, unless otherwise provided by ordinance.
ii. Cabana, pavilion, gazebo
iii. Storage/utility buildings (masonry or wood)
iv. Greenhouse (as hobby, not business)
v. Home workshop
vi. Flag Pole less than twenty feet (20’)
vii. Tennis court/ Basketball court
35
viii. Guest House
ix. Swimming Pool/Hard Top Pool Cover
c. In all residentially zoned districts, when any of the foregoing permitted
residential accessory uses are detached from the principal single-family
dwelling, such accessory uses shall be located:
i. Behind the front building setback; and
ii. A minimum of twenty feet (20’) from any street right of way; and
iii. A minimum of six feet (6’) from rear and side lot lines.
d. An accessory use shall not be located within any identified easement.
e. Height Requirements:
i. Hard top pool covers shall not exceed four feet (4’) in height above the
outside perimeter of the pool.
ii. Accessory structures permitted in these districts shall not exceed one
story in height, except for storage/utility structures which shall not
exceed six feet (6’) in height.”
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town affecting
Hard Top Pool Covers and shall not repeal any of the provisions of such Ordinances except in
those instances where provisions of those Ordinances are in direct conflict with the provisions of
this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of
the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the
provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing,
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 Ordinance(s) 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.
SECTION 4.
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 the Ordinance, and the Town Council hereby
declares it would have passed such remaining of the Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
36
SECTION 5.
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 and by amending the Code of Ordinances to reflect
the changes adopted herein by Council.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision hereof shall be fined, upon
conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a
separate offense shall be deemed committed each day during or on which a violation
occurs or continues.
SECTION 7.
PUBLICATION
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.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 11th day of September, 2006.
_______________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
37
APPROVED AS TO FORM:
_________________________________________
Town Attorney
Town of Trophy Club, Texas
38
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-11-2006
Subject: Agenda Item No.C.3
Public Hearing: Consider an amendment to Chapter 13, Article IV, Section
4.15 to provide regulations for the modification of masonry requirements
for structures built in the CR-Commercial Recreation Zoning District.
(Applicant: Scott Beck, Beck Properties).
STAFF COMMENTS:
Beck Properties, on behalf of the Trophy Club Country Club, is planning to construct a
maintenance facility for the Club. The current facility is located in Hogan’s Glen. They
would like the new facility to be constructed of metal. The masonry requirements for the
CR Zoning District require all principal and accessory buildings and structures be
constructed of 100 percent masonry.
Beck has therefore requested an amendment to the CR District regulations to allow a
modification to the masonry requirements. Staff has prepared the following Ordinance
amendment for your review. The amendment is set up so that the applicant would have
to meet certain criteria in order for the masonry modification to be granted. The new
criteria begins with (M)(7).
The Planning & Zoning Commission unanimously recommended approval of this
Ordinance amendment.
(kcf)
39
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006-__
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE TOWN OF TROPHY
CLUB, TEXAS, BY REVISING CHAPTER 13, “ZONING”, ARTICLE IV,
“DISTRICT REGULATIONS”, SECTION 4.16, “COMMERCIAL
RECREATION DISTRICT REGULATIONS”, BY ADDING PARAGRAPH
(M)(7)(a)(i)-(vi) AND (M)(7)(b); IN ORDER TO ADD PROVISIONS FOR
THE MODIFICATION OF MASONRY REQUIREMENTS FOR
STRUCTURES BUILT WITHIN THE CR ZONING DISTRICT;
PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING A
SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES;
PROVIDING A PUBLICATION CLAUSE; 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 Chapter 9 of the Texas Local
Government Code; and
WHEREAS, a request has been submitted to the Town for the modification of
masonry requirements for structures constructed within the CR Zoning District; and
WHEREAS, after public notices were given in compliance with State law and
public hearings were conducted, and after considering the information submitted at
those public hearings and all other relevant information and materials, the Planning and
Zoning Commission of the Town has recommended to the Town Council the approval of
the proposed amendments to the Zoning Chapter of the Code of Ordinances, as set
forth in this Ordinance; and
WHEREAS, after due deliberation and consideration by Town Council of the
Town of Trophy Club, Texas at properly posted public hearings, the Town Council now
deems it necessary to adopt this Ordinance amending the Code of Ordinances of the
Town and of the public health, safety and welfare;
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
40
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01 Article IV entitled, “District Regulations” of Chapter 13, entitled “Zoning” of
the Code of Ordinances of the Town of Trophy Club, Texas, is hereby amended to
revise Section 4.16 (M)(7)(a)(i)-(vi) AND (M)(7)(b) to reads as follows:
M. Masonry Requirement:
1. All principal and accessory buildings and structures shall be of exterior fire
resistant construction having one hundred percent (100%) of the total exterior
walls, excluding doors, windows and porches, constructed of brick or stone
including the area above the first floor ceiling plate line.
2. Painted tilt wall and painted concrete block shall not be permitted as finished
masonry material.
3. Stucco shall be used only as an accent material subject to prior approval of P
& Z.
4. All other chimneys surfaces shall also be of brick, stone, or stucco.
5. Other materials of equal characteristics may be allowed upon approval of the
Planning and Zoning Commission.
6. Masonry materials shall be of earth tones and shall be submitted to the
Planning and Zoning Commission for recommendation and to the Town
Council for approval. For the purpose of this section, earth tones shall be
understood to consist of darker and pastel shades of the color spectrum, which
may generally be found in the natural environment. These colors shall not
generally consist of the vibrants or fluorescents of the color spectrum.
7. The Town Council upon recommendation from the Planning & Zoning
Commission shall have the power to modify masonry regulations where the
literal enforcement of this Ordinance would result in practical difficulty or
unnecessary hardship and the relief granted would not be contrary to the
public interest but would do substantial justice in accordance with the spirit of
the Ordinance.
a. For the purpose of this Ordinance, the following are established as
general conditions, ALL of which shall be met upon granting any waiver or
modification to the masonry requirements as outlined in this Section.
41
(i) No diminution value of surrounding properties would be suffered;
and
(ii) Granting the permit would be of benefit to the public interest and
surrounding properties; and
(iii) Denial of the permit would result in unnecessary hardship to the
owner seeking it; and
(iv)
A zoning restriction as applied to the owner’s property interferes with
the reasonable use of the property, considering the unique setting of
the property in its environment; and
(v) By granting the permit, substantial justice would be done; and
(vi) The use must not be contrary to the spirit of the Ordinance.
b. The burden of demonstrating all general conditions have been met and
that a modification is appropriate is upon the person requesting the
modification. The Town Council and Planning & Zoning Commission may
require a person requesting a modification to provide proof as each body
determines necessary and appropriate for the Planning & Zoning
Commission and the Town Council to evaluate the application for
modification.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town affecting
Masonry Criteria within the CR Zoning District and shall not repeal any of the provisions of such
Ordinances except in those instances where provisions of those Ordinances are in direct conflict
with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and
all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in
conflict with the provisions of this Ordinance, shall remain in full force and effect.
Notwithstanding the foregoing, 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 Ordinance(s) 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.
SECTION 4.
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 the Ordinance, and the Town Council hereby
declares it would have passed such remaining of the Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
42
SECTION 5.
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 and by amending the Code of Ordinances to reflect
the changes adopted herein by Council.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision hereof shall be fined, upon
conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a
separate offense shall be deemed committed each day during or on which a violation
occurs or continues.
SECTION 7.
PUBLICATION
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.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 11th day of September, 2006.
_______________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Town Secretary
Town of Trophy Club, Texas
43
[SEAL]
APPROVED AS TO FORM:
_________________________________________
Town Attorney
Town of Trophy Club, Texas
44
45
46
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-11-2006
Subject: Agenda Item No.D.1
Discuss and take appropriate action relative to: An Ordinance amending
Chapter 13, Article V, Section 5.03 of the Town's Zoning Ordinance to allow
hard top pool covers as an approved accessory structure use and to
provide regulations for the same.
(kcf)
47
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-11-2006
Subject: Agenda Item No.D.2
Discuss and take appropriate action relative to: Consider an amendment to
Chapter 13, Article IV, Section 4.15 to provide regulations for the
modification of masonry requirements for structures built in the CR-
Commercial Recreation Zoning District. (Applicant: Scott Beck, Beck
Properties).
(kcf)
48
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-11-2006
Subject: Agenda Item No.D.3
Discuss and receive input relative to an Ordinance amending Article VIII ,
"Schedule of Fees", Chapter 1 of the Code of Ordinances, entitled
“Administration”, by amending Sections 8.03 (L), “Health Permits” and (Y),
“Storm Water Drainage Utility”.
EXPLANATION:
The changes to the Storm Sewer Fees are as discussed in the Town’s Budget Planning
Sessions. It will raise the Storm Drain fees to a flat $3 fee for all single family residential
and increase the commercial fees at a similar rate. The additional fees will be used for
needed maintenance and repairs of our storm drainage network.
The change to the Health Permit Fees increases the permit fee for Childcare from $100
to $225 to cover our outside inspection costs.
(bg)
Attachments: 1. Draft Ordinance
49
SECTION 2.
AMENDMENT
2.01 Article VIII entitled “Schedule of Fees” of Chapter 1, entitled “Administration” of
the Code of Ordinances of the Town is hereby amended to revise Section 8.03,
subsection “L” so that 8.03(L) is hereby revised as follows:
“L. Health Permits
Food Establishment $225.00
Retail Food Store $525.00
Mobil Food Unit $100.00
Roadside Food Vendor $100.00
Child Care Centers $225.00
$100.00
Temporary Food Establishment $35.00”
2.02 Article VIII entitled “Schedule of Fees” of Chapter 1, entitled “Administration” of
the Code of Ordinances of the Town is hereby amended to revise Section 8.03,
subsection “Y” so that 8.03(Y) is hereby revised to read as follows:
“Y. Stormwater Drainage Utility
Residential Monthly Fee
Single Family – Square footage up to
4000 $3.00 $1.00
Single Family -- Square footage of 4001
to 9999 $2.00
Single Family – Square footage over
10,000 $3.00
Multi-Family Properties
Apartments – Limit to be set by Director $1.50 $0.50 per unit
Limit to be set by Director
Non-Residential Properties
Impervious Area in Square Feet
0 - 10,000 sf impervious area $15.00 $5.00 or flat fee of $0.0618
per 100 sf
10,001 – 50,000 sf impervious area $22.50 $7.50
50,001 - 100,000 sf impervious area $30.00 $10.00
100,001 – 200,000 sf impervious area $37.50 $12.50
200,001 – 400,000 sf impervious area $5.00 $15.00
400,001 – 3,000,000 sf impervious area $52.50 $17.50”
50
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-11-2006
Subject: Agenda Item No.D.4
Discuss and take appropriate action relative to a request by Beck
Properties for a waiver to the concrete parking lot requirement in the
Town's Design Standards for the construction of a crushed gravel parking
lot for the proposed golf maintenance facility to be located to the east of
the Wastewater Treatment Facility. Applicant: Scott Beck, Beck
Properties.
EXPLANATION:
The attached letter from Beck Properties requests a waiver to the Town’s Design
Standards for the construction of a gravel parking lot for the proposed Golf Course
Maintenance Facility. Below is Section 6, “Waivers” from the Town’s Design Standards:
SECTION 6 - Waivers
6.1 Request for Waiver. A waiver to one or more requirements of this Ordinance may be granted
upon the request of the Owner of the affected property or his/her authorized agent under one or
more of the following circumstances:
6.1.1 The waiver request is for alternative construction material(s) or method(s) and (i) such
alternative construction material(s) or method(s) are equivalent to or better than the
construction material(s) or method(s) required by the Design Standards and (ii) the
quality of the completed improvement is equal to or better than that which would be
achieved if strict compliance with the Design Standards was required.
6.1.2 The waiver request is to: (i) construct an addition to or continuation of an existing right-
of-way; or (ii) make an improvement to, increase, or decrease the size of an existing
easement where the requested construction or improvement does not comply with the
currently adopted Design Standards; and (iii) the request does not decrease the size or
width of the driving lanes or the adjacent utility easements.
6.2 Review of Waiver Application. The person seeking the waiver shall have the burden to
demonstrate compliance with the requirements of section 19.01. An application for waiver shall
first be reviewed by the Public Works Director and Town Engineer who shall make a
recommendation for approval or denial to Town Council. Town Council shall have final authority
and discretion to approve or deny the requested waiver.
(kcf)
Attachments: 1. Letter from Scott Beck.
51
52
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-11-2006
Subject: Agenda Item No.D.5
Discuss and take appropriate action to establish a holding account at Tex
Pool for Parkland dedication funds and authorize the execution of
necessary documents.
EXPLANATION: With the advent of Parkland funds having been received on the Eagles
Ridge project and the need to segregate these funds an additional TexPool account will
be opened specifically for Parkland Dedication funds.
RECOMMENDATION: Staff recommends approval.
ACTION BY COUNCIL:
Attachments: 1. None
53
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-11-2006
Subject: Agenda Item No.D.6
Discuss and take appropriate action for utilization of Child Safety Funds.
EXPLANATION:
The money for the SRO car is coming from the town's portion of the tax on Texas MVRs. Each town/city
gets a percentage of the fund based on the number of residents in each town/city. The Town's portion for
FY '06 was $5,439.00. The est. FY '07 & '08 fund is $8,000.00 and $10,000.00 respectively. This fund is
earmarked for Child Safety programs in schools and after checking with the state, it can be used to
purchase a vehicle for the SRO program. Our plan is to make a down payment with '06 funding and use
'07 money as a payment and pay the vehicle off with '08 funds.
RECOMMENDATION:
Staff recommends approval.
ACTION BY COUNCIL:
Attachments: 1.None
54
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-11-2006
Subject: Agenda Item No.D.7
Discuss and take appropriate action regarding an Ordinance approving the
financing of a new parks truck and a commercial grade mower.
EXPLANATION: With the current level of staffing and the work load in the Parks
Department, especially the added work in Marshall Creek Park, an additional truck
capable of transporting multiple personnel and towing equipment is needed. An
additional mower is also needed. With the purchase of this mower, the amount of time
needed for mowing of the athletic fields will be significantly reduced thus reducing the
number of man hours needed for mowing. The mower will also give a better cut which
will provide an improved playing surface for soccer and baseball. Refer to explanations
below:
The ¾ Ton pick-up was approved in the 05/06 budget, as it was and still is
needed for the following reasons:
1. All of our trucks need to be ¾ ton as it increases their ability as to what they
can haul and pull, given that the lighter trucks have issues in these areas.
2. The Ford Ranger is now being used more by the Park Supervisor in a
monitoring and maintenance capacity as it is too light to carry a payload, or
haul a trailer.
3. We are going to crew cabs as it allows us to haul additional labor as needed,
as well as allow for expansion in the future. This truck should suffice for our
operations for the next few years, even as we may be required to maintain
additional parks and facilities.
4. Parks & Recreation has nine employees, and although whenever possible we
like to operate as a unit, the increasing diversity of our tasks, as well as the
timely manner in which we need to respond to issues requires us to be highly
mobile.
The large turf mower was approved in the 05/06 budget for these following
reasons:
1. Currently Z-Mowers are our primary mower for all maintenance; they are
designed for landscape and passive area use only, as they do not have the
ability to produce a quality turf cut.
55
2. Our current and future level of maintenance needs to improve in the mowing
of our sports fields. This mower will adequately allow us to go to twice a week
cuttings (which is needed for our sports venues) with no increase in needed
labor (this mower has a 9’ cutting deck as opposed to a z-mowers 5’ and 6’
deck).
3. This is not a reel mower such as found on golf courses, it is a triple floating
deck rotary mower. The maintenance on this mower will be no greater than
that of our existing mowers.
4. The development of new turf areas will be also sufficiently addressed by this
mower.
(aa)
Attachments: 1. Ordinance
56
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006- __
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, AUTHORIZING AND APPROVING THE
TERMS AND CONDITIONS OF A NOTE AS WELL AS THE SPECIFIED
LENDER FOR THE PURCHASE OF A 2006 ¾ TON CREW CAB PARKS
TRUCK AND COMMERCIAL GRADE RIDING MOWER WITH AN
AGGREGATE TOTAL NOT TO EXCEED SEVENTY EIGHT THOUSAND
DOLLARS ($78,000) PAYABLE ANNUALLY COMMENCING IN FISCAL
2007 AND BEING RETIRED IN FISCAL 2010; AUTHORIZING THE
TOWN MANAGER OR HIS DESIGNEE TO EXECUTE ALL
NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club is a Home Rule
municipality created under the Constitution of the State of Texas; and
WHEREAS, With the growth of our parks projects, and anticipated growth
relative to new development more staff & equipment was required to meet these needs
and an additional truck was approved but not purchased in the FY 2005/2006 budget;
and
WHEREAS, A need for a replacement mower has been identified and a
commercial grade riding mower will reduce the number of man hours required to
maintain our existing and future Parks as well as providing better performance; and
WHEREAS, The Town Council has historically utilized short term debt financing
to purchase needed equipment in order to spread the cost of equipment over the useful
life of the equipment and provisions have been made in next years budget as well as
the out year budgets for payment of this debt; and
WHEREAS, Several lenders were asked to provide terms for this financing and
Bancorp South (Interest Rate of 4.29%) has the best terms for this type of financing
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
Section 1. All of the above premises are found to be true and correct and are
hereby affirmed and adopted as findings by the Town Council of the Town of Trophy
Club.
Section 2. The Town Council hereby approves the terms of this Ordinance
authorizing the purchase and financing of the above referenced equipment in an
amount not to exceed Seventy Eight Thousand and No/100 Dollars ($78,000.00) and
accepts the proposal as put forth by Bancorp South (Interest Rate of 4.29%.)
57
Section 3. The Town Manager is hereby authorized to purchase the needed
equipment and to execute the appropriate documents with Bancorp South (Interest Rate
of 4.29%.)
Section 4. This Ordinance is hereby approved and shall become effective
immediately upon its passage.
DULY PASSED AND APPROVED this the 11th day of September, 2006.
____________________________________
Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
___________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
___________________________
Town Attorney
Town of Trophy Club, Texas
58
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-11-2006
Subject: Agenda Item No.D.8
Discuss and take appropriate action regarding method of nominations and
appointments to Boards and Commissions and concurrent membership on
advisory groups and boards and commissions.
EXPLANATION:
At the September 18, 2006 meeting, Town Council will be considering candidates for
appointment to Economic Development Corporation 4A, Economic Development
Corporation 4B, the Planning & Zoning Commission and the Zoning Board of
Adjustment. This agenda item provides the opportunity for Council to discuss the
current procedure for making nominations and appointments and discuss any changes
to that procedure prior to the September 18 Council meeting.
Copies of the resumes and applications received by the Town are included for your
information.
Attachments:
1. EDC 4A Applications
2. EDC 4B Applications
3. Planning and Zoning Commission Applications
4. ZBA Applications
5. Tree Board Applications
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-11-2006
Subject: Agenda Item No.D.9
Items for Future Agenda.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. List
136
Items for the 9/18/06 Agenda
Formal report by the Park Board as to their progress since being created and their plans.
Discuss and take appropriate action relative to an Ordinance amending Article VIII , "Schedule of Fees",
Chapter 1 of the Code of Ordinances, entitled “Administration”, by amending Sections 8.03 Y. Storm
Water Drainage Utility and Section 8.01 ??, to allow a waiver for permit fees for non-profit organizations.
Discuss and take appropriate action to approve Minutes dated, August 21, 2006.
Consent Agenda: Discuss and take appropriate action approving court security funds to allow the doors in
the annex badge locked.
Discuss and take appropriate action regarding an Ordinance adopting and approving the Budget for the
fiscal year beginning October 1, 2006, and ending September 30, 2007.
Discuss and take appropriate action regarding an Ordinance fixing and levying Municipal Ad Valorem
Taxes for the fiscal year beginning October 1, 2006, and ending September 30, 2007.
Discuss and take appropriate action regarding a Resolution approving the tax roll of the Denton Central
Appraisal District for 2005.
Discuss and take appropriate action repealing Resolution 2006-08 and adopting a new Resolution
appointing members to serve on EDC A, EDC B, Planning and Zoning Commission, Tree Board and the
Zoning Board of Adjustment.
Discuss and take appropriate action relative to an Ordinance amending Chapter 10 entitled, "Public
Safety", Article II, entitled "Traffic and Vehicles", of the Code of Ordinances, by amending Sections 2.05
entitled, "Parking", Subsection B.
Council to discuss and provide input regarding the procedures by which Council will move forward on
Vision 2010.
Discuss and take appropriate action regarding a Resolution approving the 2006- health benefits as
offered by the Town.
Discuss the procedures and provide direction for moving forward on future charter amendments and a
Charter Commission.
Items for Future Agendas – Dates to be Determined
Discuss 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.
Payment Agreements with Master District for municipal annex.
Discuss and take appropriate action relative to an Ordinance amending Article IV, "Sign Regulations",
Chapter 5 of the Code of Ordinances, entitled "General Land Use", by amending Sections 4.05. (relative
to political signs and quantity per commercial lot.)
Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an Ordinance establishing
the Town's Emergency Management System.
Consideration of enactment of Hotel/Motel Tax.
137
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-11-2006
Subject: Agenda Item No.E.1
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
138
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-11-2006
Subject: Agenda Item No.F.1
Adjourn.