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Agenda Packet TC 05/19/2008
Town of Trophy Club Town Council Regular Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Monday, May 19, 2008 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 state under God, one and indivisible." A.4 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. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. A.5 Town Council to discuss the Charter and to provide direction to the Charter Review Commission. B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, May 5, 2008. B.2 Consent Agenda: Discuss and take appropriate action regarding a Mutual Aid Fire Protection and Emergency Medical Services Agreement between the Town of Trophy Club and thirteen fellow member cities known collectively as the Northeast Fire Department Association (NEFDA). B.3 Consent Agenda: Discussion and appropriate action to approve the Interlocal Cooperation Agreement-Tax Collection between Denton County and the Town of Trophy Club and to approve the Interlocal Cooperation Agreement - Tax Collection between Denton County and Town of Trophy Club PID #1 Emerg Services, and designating Sakura Moten-Dedrick, Finance Director as the Liaison for both agreements. C.1 Discuss and take appropriate action regarding an ordinance canvassing the returns and declaring the results of the General/Joint Election held on May 10, 2008. C.2 Discuss and provide input/take appropriate action regarding an Interlocal Agreement between the Town of Trophy Club, the City of Roanoke, NISD and Denton County for the construction of Northwest Parkway along NISD property to its intersection with Highway 377. A. Discuss and provide input/take appropriate action on the development agreement between the Town and 831 Trophy L.P. and Centurion Acquisitions LP for the extension of Northwest Parkway C.3 Discuss and take appropriate action regarding an Ordinance amending Chapter 1 entitled "Administration" by adding Article XV entitled "Indemnification of Officers" as authorized by state law and Section 3.21 of the Town Charter. C.4 Discuss and take appropriate action to approve Minutes dated, April 21, 2008. C.5 Discuss and provide direction to Staff regarding an Ordinance amending Chapter 10, entitled "Public Safety", of the Code of Ordinances of the Town of Trophy Club, Article IV entitled "Peddlers and Solicitors.” C.6 Opening remarks by Mayor Sanders to outgoing Council member and incoming Council members and comments from and to outgoing Council members. C.7 Oath of Office to be administered by Municipal Court Judge, Mark Chambers and Presentation of Certificate of Election from the Mayor to Incoming Council Members. C.8 Discuss and take appropriate action regarding an amendment to Chapter 5 entitled "General Land Use", Article IV entitled "Sign Regulations" of the Code of Ordinances to amend various sections to prohibit the use of changeable electronic variable message signs and electronic message boards on billboards with the Town limits and ETJ and to enact related regulations. C.9 Discuss and take appropriate action regarding the continued service of the current Council member liaison to EDC-4B, and adopting a Resolution amending Resolution No. 2007-21 to designate a new Council member liaison to EDC-4B. C.10 Discuss and take appropriate action to designate a Voting Representative to North Central Texas Council of Governments' General Assembly. C.11 Items for Future Agenda. 2 C.12 Reports. 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. (a) Town Manager's Report. (b) Town Council report from EDC 4A Liaison, Council member Moss. (c) Town Council report from EDC 4B Liaison, Council member Sterling. (d) Town Council report from Parks and Recreation Department. (monthly) C.13 Adjourn 3 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-19-2008 Subject: Agenda Item No.A.1 Call to order and announce a quorum. 4 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-19-2008 Subject: Agenda Item No.A.2 Invocation. 5 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-19-2008 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 state under God, one and indivisible." 6 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-19-2008 Subject: Agenda Item No.A.4 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. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. 7 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-19-2008 Subject: Agenda Item No.A.5 Town Council to discuss the Charter and to provide direction to the Charter Review Commission. 8 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-19-2008 Subject: Agenda Item No.B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, May 5, 2008. (lmr) Attachments: 1. Minutes dated May 5, 2008 9 MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, May 5, 2008 7:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, May 5, 2008. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Susan Edstrom Mayor Pro Tem Pam Cates Council Member Philip Sterling Council Member Jim Moss Council Member Kathleen Wilson Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Lisa Ramsey Town Secretary Patricia Adams Town Attorney Danny Thomas Fire Chief Scott Kniffen Police Chief Stephanie Gohlke Financial Analyst A.1 Mayor Sanders called the Regular Session to order at 7:06 p.m. noting a quorum was present. A.2 Mayor Sanders gave the Invocation. A.3 Council Candidate, Joseph Boclair led the pledges. A.4 Discuss and take appropriate action regarding a Proclamation proclaiming May 11-17, 2008 as National Police Week. Mayor Pro Tem Edstrom read the Proclamation. Motion made by Moss, seconded by Wilson to approve the Proclamation. Motion passed unanimously without any discussion. A.5 Citizen Presentations: Rob Stecker, 12 Meadowbrook Lane – Asked the Council to consider reviewing the policy on the rental and scheduling of community baseball fields. Jim Thomas, 7 Meadowbrook Lane – Thanked the Council and Staff for their help with the CityBase.Net, Inc contract. Mr. Thomas stated that both MUD Districts are confident in Mr. McLain’s abilities to perform the study. 10 B.1 Consent Agenda: Discuss and take appropriate action to approve financials and variance report dated: a. January 2008 - March 3 Motion made by Moss, seconded by Sterling to approve the Consent Agenda, Item B.1 (March 2008 Reports). Motion passed unanimously without any discussion. C.1 Discuss and provide input regarding a request to privatize the streets and storm sewers in the Churchill Downs development. Town Manager Emmons explained that the property, known as Churchill Downs, was annexed by the Town of Trophy Club on February 19, 2007 (Ordinance No. 2007-04) as R-15 Single Family District zoning. This subdivision consists of 35 single family lots, however only two are sized adequate to conform to R-15 zoning. The remaining 33 lots are smaller and thus non-conforming to R-15 zoning. Mr. Price was advised at the time of annexation that he should rezone the property to bring the lots into compliance which would be beneficial to the future homeowners. Mr. Price, requested the Council to consider his desire to change Churchill Downs subdivision into a private, gated community, rescinding the public dedication of the streets and storm sewers. Mr. Price wishes to create a Homeowners Association (HOA) and the HOA would be responsible for the maintenance of the private streets (Churchill Downs Lane, Derby Lane) and storm sewers. Council member Cates said her experience with HOAs is that they do not save enough money necessary for the maintenance of the private streets. Cates suggested Council oversee an actuarial by the HOA to ensure they are saving enough money to cover their responsibilities. Mayor Pro Tem Edstrom is not a proponent of gated communities in Trophy Club as it loses the home town feeling. Edstrom stated unless the developer can justify the need, she cannot support. Council member Moss questioned other options available. Town Manager Emmons provided the Council with the following options: • Approve the developer’s request to create a private, gated community with the following ` stipulations: o Require the developer to rezone the property to R-10 Single Family District o Vacate the existing plat o Bring forward a new “Final Plat” signed by all property owners of Churchill Downs subdivision property, rescinding the public streets and storm sewers o Create an HOA; the HOA to be responsible for maintaining the private streets and storm sewers • Deny the developer’s request to create a private, gated community; the streets and storm sewers to remain public property belonging to and maintained by the Town. • Approval/denial with a variation of stipulations. Mayor Sanders feels it appropriate that the Town not charge Mr. Price for the permitting fees under the circumstance. Planning and Zoning Coordinator, Carolynn Huggins advised the Council can waive the fees. Council member Sterling and Wilson are in favor of rezoning and Wilson is in favor of waiving the fees. The Council expressed concern about the privatization of the streets and storm sewer. No action taken, input only. 11 C.2 Discuss and provide input regarding an Ordinance amending Chapter 1 entitled "Administration" by adding Article XV entitled "Indemnification of Officers" as authorized by state law and Section 3.21 of the Town Charter. Town Manager Emmons advised Section 3.21 of the Town’s Home Rule Charter authorizes Council to adopt an ordinance providing for the indemnification of Town officers, employees, and volunteers. Council member Cates asked if this would cover the MUD employees since they technically work for the Town. Town Attorney Adams advised that the MUD and Town have separate insurance providers. Mayor Sanders and Council member Sterling feels Section 15.03 needs more clarification. Mayor Pro Tem Edstrom stated in order to indemnify the volunteers, staff needs to require 100% compliance with Public Meetings Training. No action taken, input only. C.3 Discuss and take appropriate action regarding a Resolution approving the submission of the grant application for the Tobacco Compliance, for the 2007-2008 fiscal year and designating the Town Manager as the authorized official for the Town. Town Manager Emmons stated the Tobacco Compliance Grants available for this year provide anywhere from $1,000 to $40,000 to local law enforcement to be utilized for onsite controlled buys, onsite inspections of those retailers, compliance education of tobacco retailers, judicial courts, personnel and training of investigators participating in the program. The funding is set depending upon he needs of each community. The funding can also be used toward salaries and there are no matching funds required. Motion made by Moss, seconded by Cates to approve a Resolution approving the submission of the application for the Tobacco Compliance Grant, for the 2007-2008 fiscal year and designating the Town Manager as the authorized official for the Town. Mayor Pro Tem confirmed that this is strictly a grant the Police Department wants to take advantage of for educational purposes. Edstrom expressed concerned about stings, when Trophy Club only has three retailers that sells tobacco. Edstrom would like to see a report of the educational training when this Grant comes back for renewal. Motion passed unanimously. C.4 Discuss and receive input regarding goals and objectives for Town departments. The purpose of this item is to provide clear and concise guidance for Town staff with regard to the Town’s budgeting process. It will provide a framework for the staff to work within and enable staff to provide a proposed budget that incorporates the goals of the Town Council. Mayor Pro Tem Edstrom asked for a presentation from the Street Department for the next set of street construction projects as this will finish the current bond. She would like to know the future plans in order to forecast potential bonds. Edstrom would also like to receive a funding scenario for the Joint Use Library at the new Byron Nelson High School. Edstrom would like the department accounts to be kept the same for the upcoming budget. Council member Wilson would like to see updates from both the Streets and Building Inspections Departments. Council member Wilson would also like to see the staff compare prices on hybrid vehicles. Council would like to see a salary survey of surrounding cities. 12 Council member Cates feels the objective given to Town Manager Emmons to cut the tax was totally unfair; you cannot ask for more and take less. Mayor Sanders explained his request of manager Emmons to bring a proposed budget to council with a 1 cent decrease. Traditionally staff builds the budget using 100% of forecasted revenue, therefore, if staff begins with a budget that uses 100% of forecasted, the council will have a harder time putting priority items into the budget. Council member Sterling wants to ensure that the funds currently budgeted are being spent on the items they were intended for. Council wants to look at the Land Use Plan and the Master Park improvements together. Council is in favor of looking at a feasibility study for a new Police Department Building and the Town’s drainage issues and requested the Town Manager Emmons to provide costs associated for Council’s prioritization. No action taken, input only. C.5 Discuss and provide input/take appropriate action regarding an Interlocal Agreement between the Town of Trophy Club, the City of Roanoke, NISD and Denton County for the construction of Northwest Parkway along NISD property to its intersection with Highway 377. Town Manager Emmons said this process has been ongoing for at least sixteen months. The road will be built to Trophy Club’s design standards. Emmons explained the changes made by the other attorneys and recommended staff bring this back to Council on May 19, 2008. Mayor Pro Tem Edstrom commended Town Manager Emmons on his ability to coordinate the meeting and negotiate this agreement with so many different entities. Mike Kaler, 17 Hanna Court – Spoke in favor of the item. No action taken. A. Discuss and provide input/take appropriate action on the development agreement between the Town and 831 Trophy L.P. and Centurion Acquisitions LP for the extension of Northwest Parkway. No action taken, Council prefers to approve both agreements together. C.6 Staff to provide an update to Council regarding measures taken and plans to mitigate flooding issues within the Town; and discussion of same. Mayor Pro Tem Edstrom stated she requested this item and asked staff to ensure the creek bed behind Tom Thumb is clear of debris in order to prevent flooding like the Town had last year. Town Manager Emmons provided an update on the designation of the channels for the future development. Greg Isert, 9 Rivera Court – Although he has not been personally affected, would like Council to address. John Grunthaner, 8 Meadow Creek Court – Feels that some of the drainage issue is runoff from HWY 114. 13 Council member Sterling asked for an update regarding the drainage issues behind the Svore Municipal Building and down into the streets. Town Manager Emmons said it is not completely fixed and some improvements have been made. Some pipes are still exposed and there are a couple of other things that need to be taken care of. C.7 Discuss and take appropriate action regarding the Contract with CityBase.Net, Inc. Lewis F. McLain, Jr. regarding professional services for the evaluation of financial feasibility and impacts related to the water/wastewater study. Town Manager Emmons explained the changes to the updated agreement provided to the Council. Emmons said the MUD Directors would like to see the representatives have the power to suspend or terminate the contract. Mayor Pro Tem Edstrom and Council member Cates disagreed stating that this type of action needs to occur in an open, public meeting. Motion made by Edstrom, seconded by Sterling to approve a Contract with CityBase.Net, Inc. Lewis F. McLain, Jr. with the following changes; Section 4, by removing, ‘shall commence no later than May 1, 2008, and adding upon approval of all parties and amending Section 5, by removing all references to MUD 1 and MUD 2. Motion passed unanimously without further discussion C.8 Items for Future Agenda. 1. Review of the Property Maintenance Ordinance. (Council member Cates) 2. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of improvements for area to create a linear park. (Mayor Sanders - Council member Cates) 3. Discuss and receive input regarding an Ordinance amending Section 6.01(E)(4) of Article VI ”Town Council Rules of Procedure,” Chapter 1of the Code of Ordinances relating to Presentation by Citizens. (Council member Moss) 4. Discuss and receive input regarding an Ordinance amending Article II,”Traffic and Vehicles” of the Code of Ordinances relating to speed limit reduction. (Council member Moss) 5. Town Manager Emmons to report on the sound barrier issues on the east side and TXDOT, and discussion of same. (Council member Wilson) 6. Establish and implement a process for Hotel inspections. (Mayor Pro Tem Edstrom added on 1/21/08) 7. Review the Citizen of the Year guidelines, criteria and voting process. (Mayor Pro Tem Edstrom – 1/21/08) 8. Annual update and presentation by the Park Board. (August 4, 2008) 9. Discuss and take appropriate action regarding an Agreement for Professional Services between Carter & Burgess, Inc. and the Town of Trophy Club for Construction Phase Services related to the Northwest Parkway, Parkview Realignment, and Medlin School Drop-Off. 10. Discuss and take appropriate action regarding possible means to control the Garage Sale traffic. (Council member Cates – 4/21/08) 11. Discuss and consider options to approve the upkeep of rental property, with or without creating a Building Standard Commission. (Mayor Pro Tem Edstrom – 4/21/08) 12. Discuss and take appropriate action regarding crosswalks going from Summit Cove, crossing Trophy Club Drive to the Country Club (Council member Wilson – 4/21/08) 13. Readdress the speed limit and signage on Skyline Drive. (Council member Wilson – 4/21/08) 14. Discuss and take appropriate action regarding a Library Focus Group. (Council member Wilson – 4/21/08) Council added the following: 14 Town Council to provide direction to the P & Z Commission regarding Mr. Kaler’s ordinance proposals. (Council member Wilson) Town Council to provide direction to the Charter Review Commission. (Mayor Pro Tem Edstrom) C.9 Reports. (a) Town Manager Emmons’ gave his report. (b) EDC 4A Liaison, Council member Moss gave his report. TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION EXECUTIVE SESSION Council convened into Executive Session at 9:30 p.m. D.1 Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the annual evaluation of Town Manager, Brandon Emmons. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION *REGULAR SESSION Council reconvened into Regular Session at 10:30 p.m. E.1 Discuss and take appropriate action relative to Executive Session Item Number E1. Motion made by Edstrom, seconded by Moss to renew contract, increase Town Manager Emmons’ salary by 6%, increase his car allowance to $500.00 per month, and change section 3.02 Employment Agreement to amend that the annual evaluation and increases be conducted annually by the first of May each year. Council Member Edstrom changed her motion by, adding that Section 2.01 be changed to June, 2008, and the salary increase to be effective immediately. The second agreed. Mayor Sanders feels that 6% is fair as Town Manager Emmons did not take an increase last year but gave to his department heads to distribute among their departments. Wilson moved to amend the 6% salary increase to 4% and to leave the current car allowance. Motion died for lack of a second. Cates moved to amend the 6% salary increase to 4%, Wilson seconded. Edstrom moved the previous question on all matters before the Council. Motion to close the debate, passed 4:1, with Sterling opposing. Motion on the amendment failed 2:3 with Moss, Edstrom and Sterling opposing. Main motion to renew Town Manager Emmons’ contract, to increase his salary by 6%, effective immediately, to increase his car allowance to $500.00 per month, changing section 3.02 of his Employment Agreement for his annual evaluations and salary increases be conducted by the first of May each year, and changing Section 2.01 to the date of June 1, 2008, passed 3:2 with Cates and Wilson opposing. E.2 Adjourn. Motion made by Moss, seconded by Sterling to adjourn. 15 Meeting adjourned at 10:43 p.m. _________________________________ __________________________________ Lisa Ramsey, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 16 a COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-19-2008 Subject: Agenda Item No.B.2 Consent Agenda: Discuss and take appropriate action regarding a Mutual Aid Fire Protection and Emergency Medical Services Agreement between the Town of Trophy Club and thirteen fellow member cities known collectively as the Northeast Fire Department Association (NEFDA). EXPLANATION: This annual mutual aid contract under the NEFDA (Northeast Fire Department Association) group covers the scope of services, response and responsibilities for the 14 cities involved. The value of this agreement along with the consortium of equipment, manpower and training are more than any one municipality could afford. Resources covered under this agreement are training, bomb, haz-mat, technical rescue, mass causality and incident command. Attachments: 1. Agreement 17 Mutual Aid Fire Protection & Emergency Medical Services Agreement The State of Texas Tarrant County This agreement is made and entered into by and between the cities of Bedford, Colleyville, Euless, Grapevine, Haltom City, Hurst, Keller, North Richland Hills, Richland Hills, Roanoke, Southlake, Trophy Club, Watauga, and Westlake, herein referred to as “Parties”. This group of cities is also known as the Northeast Fire Department Association. It is mutually agreed that the Parties desire to enter into a mutual aid agreement for fire protection and emergency medical services wherein the equipment, facilities and trained personnel of each Parties city are available to the Parties in this mutual aid agreement on a requested basis. Now therefore, that it is agreed that in consideration of the mutual covenants, agreements and benefits to all Parties it is hereby agreed as follows: I. Scope of Services As used herein, the term “Responding City” shall mean the City receiving a request for assistance outside of its boundaries pursuant to this Agreement. “Requesting City” shall mean a city seeking assistance outside of its boundaries pursuant to this Agreement. During the term of this agreement, the Parties agree to provide, upon request, such fire protection and suppression personnel and equipment and emergency medical assistance and personnel and equipment that may be needed to assist in an emergency as long as that request does not affect the ability of the Responding City to provide emergency services within its own boundaries as determined by the Responding City’s Fire Chief or his designee. It is expressly understood that such mutual aid requests shall be made to the Responding City’s Fire Chief or his designee. The Parties agree that a request will only be made when an emergency occurs that requires assistance or when it is determined by the Requesting City and Responding City that it is mutually beneficial to provide assistance that is not of an emergency nature. The Parties agree: a. To maintain the work force and equipment needed to sufficiently control fires or other emergencies common to the saving of lives and property which are likely to occur within their respective jurisdictions: b. To maintain an emergency action plan for activating personnel within their respective jurisdictions; 18 c. To maintain established procedures to handle emergencies; d. To provide all Parties with the current resources available to each respective City by type, staffing, and function that could be requested in an emergency. e. All Parties must utilize the Incident Command System (ICS) and be National Incident Management System (NIMS) compliant. II. Direction and Control The requested fire service or emergency medical equipment and personnel of the Responding City shall be under the direction and control of their own Officers/Supervisors, operating within the ICS, throughout the entire incident or emergency. The Officer/Supervisor shall report to the Command Post of the Requesting City for assignment and shall operate under the direction of the Incident Commander (IC). The fact that the tasks at hand in an emergency are dangerous in nature must always be considered and as such if the Responding City, providing mutual aid, determines that the request is unsafe, the respective City’s Officer/Supervisor will take the appropriate action to assure their crews are as safe as possible. If an action is deemed to be unsafe, the IC will be informed and the respective Officer/Supervisor shall take actions necessary to protect their respective crew(s). III. Equipment and Consumable Goods The condition of the equipment must be the sole responsibility of its owner. If the equipment is damaged or destroyed during the Incident, the financial responsibility is the owner’s which may be recovered through insurance acquired by the owner or any other resource available to the owner. Any consumable resources may be reimbursed by or through the IC’s jurisdiction (Requesting Party) provided that sufficient funds have been appropriated for said purpose or if consumables can be recovered from the property owner or purveyor. The affected jurisdiction has a right to recover any and all costs of an incident from any resources available. If such recovery is possible, the Requesting City shall notify mutual aid Responding City of such possibility. In the event the incident receives a Disaster Declaration from the State or Federal Government, the jurisdictions involved shall be subject to local, state, and federal laws and regulations. IV. Term of Agreement / Consideration 4.01 Term. The terms of the Agreement shall become effective upon approval by the governing body for each respective Party hereto and shall remain in effect for an initial term of one (1) year commencing upon the date of each Party’s signature below, which 19 term shall renew automatically annually upon the anniversary date of this Agreement unless earlier terminated by a Party as provided herein. If a Party desires to opt out, the Party must give a 90 day notice of such intent. If a Party opts out, the agreement remains intact for the rest of the Parties. Adding Parties to the agreement will not affect the terms of the agreement. 4.02 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. Each Party hereto paying for the performance of governmental functions or services shall make such payments from current revenues legally available to the paying Party. Each Party further agrees that it is fairly compensated for the services or functions performed under the terms of this Agreement. V. Amendments This Agreement can be amended or replaced by a majority of the Parties. All of the Parties must be notified in writing within 30 days and an open forum must be held in which all of the Parties have been invited to attend. The Amendment will not be effective to any Party that does not agree. VI. Compliance with All Applicable Laws The Parties shall observe and comply with all Federal, State, local laws, rules, ordinances, and regulations affecting the conduct or services provided and their performance of all obligations undertaken by this Agreement. VII. Legal Considerations All local, State and Federal Laws shall supersede any provisions made in this Agreement. Any provision so effected will not negate the rest of the Agreement. In case any one or more of the provisions contained in this agreement shall 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, unenforceable provision had never been contained herein. Venue for any proceeding under this Agreement shall be in Tarrant County, Texas. This agreement shall become binding and effective as to each individual Party upon signature by an authorized representative of such individual Party. VIII. Liability / Governmental Immunity 20 All civil liability arising from the furnishing of fire/EMS protection services under this Agreement shall be assigned to the Party actually providing the equipment, services, and manpower pursuant to Texas Government Code, Section 791.006 (a-1) and the assignment of liability is intended to be different than liability otherwise assigned under Texas Government Code, Section 791.006 (a). Notwithstanding the foregoing, the fact that Parties hereto accept certain responsibilities relating to the rendering of Fire Protection and Emergency Medical Services under this Agreement as part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services 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. No Party hereto waives any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. IX. Insurance Each Party shall provide liability insurance to cover the acts and omissions of its respective officers, employees, and agents’ obligations under this Agreement, including but not limited to all personnel providing Fire Protection and Emergency Medical Services as set forth herein. X. Non-Waiver All rights, remedies and privileges permitted or available to any 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 any Party in the enforcement of any such right, remedy or privilege against any other Party, shall not constitute a waiver of such right, remedy or privilege by the forbearing Party. A default by any Party under this Agreement shall not result in a forfeiture of any rights, remedies, or privileges under this Agreement by such defaulting Party. XI. 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 necessary resolutions extending such authority have been duly passed and are now in full force and effect. 21 CITY OF BEDFORD CITY OF GRAPEVINE ______________________ ______________________ City Manager City Manager ATTEST: ATTEST: ______________________ ______________________ City Secretary City Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: ______________________ _____________________ City Attorney City Attorney CITY OF COLLEYVILLE CITY OF HALTOM CITY ______________________ ______________________ City Manager City Manager ATTEST: ATTEST: ______________________ ______________________ City Secretary City Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: ______________________ _____________________ City Attorney City Attorney CITY OF EULESS CITY OF HURST ______________________ ______________________ City Manager City Manager ATTEST: ATTEST: ______________________ ______________________ City Secretary City Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: ______________________ _____________________ City Attorney City Attorney 22 CITY OF KELLER CITY OF NORTH RICHLAND HILLS ______________________ ______________________ City Manager City Manager ATTEST: ATTEST: ______________________ ______________________ City Secretary City Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: ______________________ _____________________ City Attorney City Attorney CITY OF RICHLAND HILLS CITY OF ROANOKE ______________________ ______________________ City Manager City Manager ATTEST: ATTEST: ______________________ ______________________ City Secretary City Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: ______________________ _____________________ City Attorney City Attorney CITY OF SOUTHLAKE CITY OF TROPHY CLUB ______________________ ______________________ City Manager City Manager ATTEST: ATTEST: ______________________ ______________________ City Secretary City Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: ______________________ _____________________ City Attorney City Attorney 23 CITY OF WATAGUA CITY OF WESTLAKE ______________________ ______________________ City Manager City Manager ATTEST: ATTEST: ______________________ ______________________ City Secretary City Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: ______________________ _____________________ City Attorney City Attorney 24 a COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-19-2008 Subject: Agenda Item No.B.3 Consent Agenda: Discussion and appropriate action to approve the Interlocal Cooperation Agreement-Tax Collection between Denton County and the Town of Trophy Club and to approve the Interlocal Cooperation Agreement - Tax Collection between Denton County and Town of Trophy Club PID #1 Emerg Services, and designating Sakura Moten-Dedrick, Finance Director as the Liaison for both agreements. EXPLANATION: This is an annual agreement (Oct 2008 - Sep 2009) under which Denton County serves as the tax assessor and collector for the Town of Trophy Club, Trophy Club PID Emergency Services (O&M), and Trophy Club PID (I&S). The Town Council previously approved the Trophy Club PID (I&S) contract a few session ago. While appraisal of properties is completed separately by Denton and Tarrant County Appraisers, collection of both counties is achieved by Denton County. This agreement is substantially the same as it has been for several years, with the exception of the increase in fee, which is as follows: 2006 2007 2008 Mail Tax Statement $.67 $.73 $.73 Mail Tax Statement (2nd Notice) $.44 $.44 $.73 Mail Delinquent Tax Statement (Sec. 33.11) $.67 $.73 $.73 Mail Delinquent Tax Statement (Sec. 33.07) $.67 $.73 $.73 *All Other Fees Remain Unchanged RECOMMENDATION: Approve both contracts. (smd) Attachments: 1. 2008 Interlocal Agreement For Property Tax Collection (Town) 2. 2008 Interlocal Agreement For Property Tax Collection (PID O&M) 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 G iVarlE COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-19-2008 Subject: Agenda Item No.C.1 Discuss and take appropriate action regarding an ordinance canvassing the returns and declaring the results of the General/Joint Election held on May 10, 2008. (lmr) Attachments: 1. Ordinance 48 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2008 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, CANVASSING THE RETURNS, INCLUDING THE RETURNS OF EARLY VOTING BALLOTS CAST IN CONNECTION THEREWITH, AND DECLARING THE RESULTS OF THE GENERAL JOINT ELECTION HELD ON MAY 10, 2008 AS SUCH RETURNS RELATE TO THE ELECTION OF THREE (3) COUNCIL MEMBERS FOR TWO (2) YEAR TERMS EACH TO THE TOWN COUNCIL; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR THE CONFIRMATION OF VOTE TABULATIONS; IDENTIFYING THE OFFICIALS ELECTED AND TERMS OF OFFICE; AUTHORIZING THE ISSUANCE OF CERTIFICATES OF ELECTION; AUTHORIZING THE ISSUANCE OF THE CANVASS OF THE GENERAL ELECTION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 4, 2008, the Town Council of the Town of Trophy Club, Texas (the “Town”) passed and approved Ordinance No. 2008-04, which ordinance was subsequently repealed by Ordinance No. 2008-07, which ordered a General Joint Election of the Town of Trophy Club, Texas, for the purpose of electing three (3) Council Members for two (2) year terms each to the Town Council; and, WHEREAS, Ordinance No. 2008-07 also ordered the appointment of a Presiding Election Judge and an Alternate Presiding Election Judge for the purpose of conducting such election; and, WHEREAS, the appropriate authority of the Town heretofore caused to be posted and published, in accordance with the election laws of the State of Texas, notice of the General Joint Election; and WHEREAS, the General Joint Election was duly and legally held on May 10, 2008, in the Town and in conformity with the election laws of the State of Texas, and the results of the General Joint Election, including the early voting results, have been certified and returned to the proper judges and clerks thereof; and WHEREAS, the official returns of the presiding judges of the General Joint Election, including the returns of early voting ballots in connection therewith, and as such returns are related to the election; and WHEREAS, Ordinance No. 2008-07, which ordered a General Joint Election of the Town of Trophy Club, Texas, for the purpose of electing a three (3) Council Members for two (2) year terms each to the Town Council, has been presented to the Town Council acting in its capacity as the Canvassing Board; and 49 WHEREAS, the returns of the General Joint Election, including the returns of early voting ballots, duly and legally made, showed that there were cast at the Election the following valid and legal votes: and ELECTION TOTAL EARLY VOTING VOTES CAST TOTAL VOTES CAST AT POLL ON ELECTION DAY TOTAL VOTES CAST General Joint Election 565 516 1081 WHEREAS, the returns of the General Joint Election, including the returns of the early voting ballots, duly and legally made, showed that each candidates for the office of three (3) Town Council Members for two (2) year terms received the following votes: TOWN OF TROPHY CLUB THREE COUNCIL MEMBERS FOR TWO (2) YEAR TERM NAME OF CANDIDATE TOTAL NUMBER OF EARLY VOTING VOTES RECEIVED TOTAL NUMBER OF VOTES RECEIVED AT POLL ON ELECTION DAY TOTAL NUMBER OF VOTES RECEIVED Susan Edstrom 292 346 638 Joseph Boclair 232 219 451 Philip H. Sterling 300 281 581 Glenn Strother 251 250 501 Michael Zerger 135 129 264 WHEREAS, pursuant to State Law, in order to be declared elected, a candidate must receive the highest number of votes of the entire Town cast for the office for which such person is a candidate or be unopposed in the election, and 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 into the body of this Ordinance and made a part hereof for all purposes. Section 2. Confirmation of Vote Tabulations. The results of the General Joint Election, as related to the election of three (3) Council Members for two (2) year terms each to the Town Council, and as canvassed and tabulated above, reflect the expressed desires of the resident, qualified voters of the Town. 50 Section 3. Elected Officials; Terms of Office. In accordance with the canvass and tabulation of the results of the General Joint Election, the duly elected Council Members elected on May 10, 2008, and the corresponding terms of office, subject to the taking of the oaths of office as required by State Law, are as follows: OFFICE TERM NAME Council Member Two (2) Years Susan Edstrom Council Member Two (2) Years Philip H. Sterling Council Member Two (2) Years Glenn Strother Section 4. Issuance of Certificates of Election. The Mayor is hereby authorized and directed to execute and deliver Certificates of Election to the successful candidates elected at the General Joint Election, as specified in Section 3 hereof. Section 5. Issuance of Canvass of General Election. The Mayor is hereby authorized and directed to execute and deliver the Canvass of the General Joint Election, a copy of which is attached hereto as Exhibit “A”, in accordance with the election laws of the State of Texas, and to take all other action necessary in connection therewith. Section 6. Engrossment and Enrollment. The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the Caption and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. Section 7. 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 19th day of May, 2008. Mayor Town of Trophy Club, Texas Effective Date: May 23, 2008 [SEAL] ATTEST: 51 Town Secretary, Lisa Ramsey Town of Trophy Club, Texas APPROVED AS TO FORM: Town Attorney, Patricia Adams Town of Trophy Club, Texas 52 EXHIBIT “A” TOWN OF TROPHY CLUB, TEXAS CANVASS OF GENERAL ELECTION I, the undersigned Mayor of the Town of Trophy Club, Texas, and Presiding Officer of the Canvassing Authority of the Town, met on 19th day of May, 2008 with the Town Council of the Town, sitting as the Canvassing Board to canvass the returns of the General Joint Election held on May 19 , 2008, at the Trophy Club Town Hall Building, 100 Municipal Drive, Trophy Club, Texas, as such returns related to the election of three (3) Council Members for two (2) year terms each to the Town Council, . I DO HEREBY CERTIFY that the figures on the tally sheets correspond with the figures on the returns. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Trophy Club, Texas to be affixed hereto, this 19th day of May, 2008. (Seal) _____________________________________ Mayor and Presiding Officer of the Canvassing Authority Trophy Club, Texas 53 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-19-2008 Subject: Agenda Item No. C.2 Discuss and provide input/take appropriate action regarding an Interlocal Agreement between the Town of Trophy Club, the City of Roanoke, NISD and Denton County for the construction of Northwest Parkway along NISD property to its intersection with Highway 377. A. Discuss and provide input/take appropriate action on the development agreement between the Town and 831 Trophy L.P. and Centurion Acquisitions LP for the extension of Northwest Parkway EXPLANATION: The attached draft interlocal agreement provides for the funding and construction of the road to extend Northwest Parkway through the jurisdictions of Trophy Club and Roanoke to connect at its intersection with Highway 377. Denton County is providing funding which is divided proportionately between Trophy Club, Roanoke, and NISD. Under the PID/Development Agreement between Centurion American and the Town, Centurion American is responsible for the costs of construction for the portion of the road that goes across property owned by Centurion. The agreement contains an exhibit which identifies road segments, the cost of construction for each segment and identifies the party responsible for those costs. The Town will act as project manager and let the contract. The County was uncomfortable with Centurion American being a member to the interlocal development contract, so the obligations of Centurion American have been outlined in a separate agreement between Centurion and the Town. A copy of the draft agreement between Centurion American and Trophy Club is also included for your review. The final documents are still being reviewed by each entity’s respective attorneys. It is expected that a finalized version of the agreement will be available by end of business day Friday. A copy of this agreement will be sent by separate cover for your review for Monday night. (BSE) Attachments: 1. Draft Interlocal with Roanoke, NISD, and Denton County 2. Draft Agreement between the Town and Centurion American 54 55 56 57 58 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 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-19-2008 Subject: Agenda Item No.C.3 Discuss and take appropriate action regarding an Ordinance amending Chapter 1 entitled "Administration" by adding Article XV entitled "Indemnification of Officers" as authorized by state law and Section 3.21 of the Town Charter. EXPLANATION: A preliminary draft of an indemnification ordinance as authorized by Section 3.21 of the Town Charter was presented at the May 5, 2008 Council meeting for discussion and input. Council requested the following revisions: 1. Clarification of the definition of Officers and Employees; 2. Clarification of outside employment or services excluded from indemnification; and 3. Authority to deny indemnification to any Officer or Employee who fails to complete required training. Pursuant to Council comments, revisions have been made to Section 15.02 and 15.03 and are highlighted in yellow. The Ordinance is in final form in the event that Council proceeds with approval. (paa) Attachments: 1. Ordinance 103 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2008- AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES, ENTITLED “ADMINISTRATION”, BY ADDING ARTICLE XV ENTITLED “INDEMNIFICATION OF OFFICERS”; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a home rule municipality governed by the laws of the Ordinance No. 2008-02 was adopted on January 21, 2008 and provided for the adoption of a new schedule of fees for the Town of Trophy Club (hereinafter referred to as “Town”); and WHEREAS, Section 3.21 of the Town’s Home Rule Charter provides that the Council may, by appropriate ordinance, provide for the indemnification and defense of the officers and employees of the Town, including members of the Council, or any board, commission, or committee, including volunteers, and resulting from any alleged negligent act or omission of such officer, employee, member, or volunteer during the discharge of his duties and within the scope of his office, employment, membership, or assigned voluntary position with the Town, and WHEREAS, Section 3.21 of the Town’s Home Rule Charter prohibits indemnification for any act arising out of the intentional or knowing violation of any penal statute or ordinance arising out of any conduct determined by final judgment to be an act of fraud or to have been taken with the intent to deceive or defraud, or for any personal or private business of such officer, employee, member or volunteer, or for the gross negligence or official misconduct, or willful or wrongful act or omission of such officer, employee, member or volunteer or for any criminal misconduct. WHEREAS, in the course of discharge of their public duties, members of the Town of Trophy Club Town Council, board members, employees, volunteers and other Town servants are from time to time the subject of lawsuits and/or claims arising from the discharge of their duties; and WHEREAS, The Town Council has determined it necessary and appropriate to adopt an ordinance providing for the indemnification and defense of the officers and employees of the Town, including members of the Council, or any board, commission, or committee, including volunteers 104 WHEREAS, the Town Council hereby finds that the addition of Article XV, Chapter 1, “Indemnification of Officers” to the Code of Ordinances as further specified herein serves the best interests of the Town. 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 herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01 Chapter 1 of the Code of Ordinances of the Town of Trophy Club, entitled “Administration” is hereby amended to add Article XV, entitled “Indemnification of Officers”, so that Article XV shall be and read in its entirety as follows: “15.01 Need for Indemnification. A necessity exists for the Town's provision of legal defense and indemnification of Town Officers and Employees. 15.02 Definitions. “Course and scope of employment with or service for" the Town shall mean any act or omission which is performed while an Officer or Employee is carrying out official business of the Town pursuant to the direction of the Town Council or Town Manager, or pursuant to and in accordance with his or her duties as an Officer or Employee of the Town. “Officer or Employee” shall mean a member of the Town Council, whether presently or formerly serving, and his or her estate; a person appointed by the Town Council to any Town position, including without limitation, a board, commission, committee or to a paid position, whether presently or formerly serving, and his or her estate; any other officer, volunteer, or employee of the Town, whether presently or formerly serving, and his or her estate. “Town” shall mean the Town of Trophy Club, Texas, a home rule municipality. 15.03 Indemnification. Except as specifically provided in this Article, any Officer or Employee who is found and finally adjudged to be liable for the 105 payment of any claim for damages arising out of the course and scope of employment with or service for the Town shall be entitled to be indemnified for such damages to the extent permitted by law, together with any reasonable and necessary legal expenses incurred by such Officer or Employee in defending such claim, provided that the acts or omissions resulting in such liability were done in good faith and without malicious or felonious intent. For the purposes of this Article, any act or omission which occurs during a period of time in which the Officer or Employee is engaged in outside employment, outside personal or political activities, or is rendering contractual services to someone other than the Town, is not an act or omission arising out of the course and scope of employment with or service for the Town and therefore shall not be covered by the indemnification provided by this Article. Whether the acts were done in good faith, without malicious or felonious intent, and within the course and scope of employment with or service for the Town shall be determined by the Town Council, and such determination shall be final for the purposes of the representation and indemnity of this Article; provided, however, that in the event such representation and indemnity have been denied by the Town, upon a trial on the merits it is determined that the Officer or Employee was acting in good faith, without malicious or felonious intent and within the scope of employment with or service for the Town the indemnification hereunder shall be granted and reasonable legal expenses incurred in the defense of the claim reimbursed. The Town reserves the right to assert any defense and make any settlement of any claim or suit that it deems expedient. Notwithstanding the foregoing, the Town Council shall have the authority to deny indemnification provided under this Article to any Officer or Employee who has failed to successfully complete training required by state law, ordinance, Town policy or Town Council directive if the Council determines that the suit or claim would not have arisen had the Officer or Employee successfully completed the required training. 15.04 Representation in Actions. The Town shall have the right and duty to provide legal representation through the Town Attorney, or in its discretion through the selection of outside legal counsel, to any Officer or Employee sued in connection with any claim for damages, other civil action, or alleged violation of civil rights with criminal sanctions, against such person arising out of the course and scope employment with or service for the Town, provided that such Officer or Employee may be entitled to indemnification as set forth in this section. Such legal representation shall be provided at no cost to the Officer or Employee, and any Officer or Employee may have his or her own counsel assist in the defense at the sole expense of the Officer or Employee. The Officer or Employee shall cooperate fully with the Town in 106 preparation and presentation of the case, and the failure to cooperate shall waive such Officer’s or Employee’s right to representation and indemnity under this section. 15.05 Town’s Defenses. Nothing in this section shall be construed as waiving the Town’s defense of governmental immunity to it or its Officers or Employees in any action brought against the Town or such Officer or Employee. For any suit or claim arising under the Texas Tort Claims Act, the indemnity provided by this section shall be limited to the statutory limits applicable to the Town provided in said Act, as amended. The Town shall not be liable for any settlement of any such claim or suit affected without its consent. 15.06 Notice. The provisions of this section shall apply only where the Town has been given notice of the action or claim brought against any Town Officer or Employee within ten (10) day of service of process or notice of such claim upon the Officer or Employee. 15.07 Disciplinary Actions. Nothing in this section shall prevent the Town from taking disciplinary action against any Officer or Employee for conduct defended or indemnified by the Town under this section, either before or after conclusion of the civil suit. 15.08 Suits by or on Behalf of the Town. Nothing in this section shall require the Town to indemnify any Officer or Employee for recoveries made against him or her in suits by or on behalf of the Town. The Town Council may, however, authorize the Town Attorney to represent any Officer or Employee in a suit brought by a taxpayer in behalf of the Town against the Officer or Employee. 15.09 Exclusions. A. Official Misconduct / Gross Negligence / Charter Exclusions. This indemnity shall in no event apply to or cover damages awarded against an employee that (1) arise from a cause of action for official misconduct; or (2) arise from a cause of action involving a willful or wrongful act or omission or an act or omission constituting gross negligence; or (3) arise out of the intentional or knowing violation of any penal statute or ordinance; or (4) arise out of any conduct determined by final judgment to be an act of fraud or to have been taken with the intent to deceive or defraud; or (5) arise out of any personal or private business of such Officer or Employee; or (6) for any willful or wrongful act or omission of such Officer or Employee; or (7) for any criminal misconduct or any other damages expressly excluded by the Town’s Charter, Town ordinance, or state law. 107 B. Insurance Coverage. This indemnity shall in no event apply to or cover damages awarded against an Officer or Employee to the extent that the damages are recoverable under an insurance contract, insurance policy or self-insurance plan maintained by the Town. C. Punitive or Exemplary Damages. This indemnity shall in no event apply to or cover punitive or exemplary damages where such damages are not recoverable in law or equity against the Town.” SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting indemnification 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 portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter and by filing this Ordinance in the Ordinance records of the Town. SECTION 6. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. 108 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 19th day of May, 2008. _______________________________ Mayor, Nick Sanders Town of Trophy Club, Texas ATTEST: _________________________________________ Town Secretary, Lisa Ramsey Town of Trophy Club, Texas [SEAL] _______________________________ Town Attorney, Patricia A. Adams Town of Trophy Club, Texas 109 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-19-2008 Subject: Agenda Item No.C.4 Discuss and take appropriate action to approve Minutes dated, April 21, 2008. EXPLANATION: Council member Sterling was absent. (lmr) Attachments: 1. Minutes dated, April 21, 2008. 110 MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, April 21, 2008 6:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, April 21, 2008. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Susan Edstrom Mayor Pro Tem Pam Cates Council Member Jim Moss Council Member Kathleen Wilson Council Member TOWN COUNCIL MEMBERS ABSENT: Philip Sterling Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Lisa Ramsey Town Secretary Patricia Adams Town Attorney Danny Thomas Fire Chief Scott Kniffen Police Chief Adam Adams Park and Recreation Director Sakura Moten-Dedrick Finance Director A.1 Mayor Sanders called the Regular Session to order at 6:02 p.m. noting a quorum was present. TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION (6:00 P.M. – 7:00 P.M.) A.2 Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, regarding the annual evaluation of the Town Attorney and Section 551.071 (1) and (2) "Consultation With Attorney," in order to seek the advice of its attorney about pending litigation, as follows: A. Patricia Adams, Town Attorney Annual Evaluation (Section 551.074 (a)(1)) B. Quanah Properties L.P. v. Town of Trophy Club, Cause No. 067 228781 08 and Quanah Properties pending appeal of decision regarding lighted signage on the East Elevation of Value Place Hotel (Section 551.071 (1) and (2)) TOWN COUNCIL TO CONVENE INTO REGULAR SESSION Council reconvened into Regular Session at 7:00 p.m. B.1 Council member Wilson gave the Invocation. 111 B.2 Mayor Pro Tem Edstrom led the pledges. B.3 Citizen presentations: J.D. Stotts, 1 Narrow Creek Court – Addressed the Council regarding the Highlands at Trophy Club Amenity Lakes. B.4 Discuss and take appropriate action regarding a Proclamation declaring May 1st, 2008 as Day of Prayer in Trophy Club. Irma Thomas, coordinator of this event, was unable to attend the meeting. Mayor Sanders announced that the National Day of Prayer will be observed at the Clock Tower on Thursday, May 1, 2008 at 12:00 p.m. In case of rain, the observation will be moved across the street to the Methodist Church's new sanctuary. Jim Thomas spoke for Ms. Thomas stating this is the fifteenth year she has spearheaded this event and encouraged everyone to attend. Motion made by Wilson, seconded by Moss to approve the Proclamation. Motion passed unanimously without any discussion. B.5 Mr. Schweinle, Attorney, Mediator and MUD expert gave a presentation and update on the value and benefits of Municipal Utility Districts (MUDs) to municipalities, including how the active participation of the mature Trophy Club MUDs can be utilized to improve the quality of life for Trophy Club and its residents, and discussion of same. Presentation only, no action. B.6 Reports. (a) Parks and Recreation Director Adam Adams gave his report. Parks Board representative, J.D. Stotts added that there is a huge difference between the Roanoke and Trophy Club sports fields and that he was going to contact Roanoke about the need for practice fields. B.7 Discussion to address questions related to the possibility of constructing a future Police Department facility. Mayor Sanders said he placed this item on the Agenda as a result of an anonymous email circulating around the Town accusing him of trying to take over the Town. There has been no discussion between him and the Town Manager about the funding of a future Police Department, only brief discussions of the poor Police Department building condition. These discussions have occurred over the last two budget cycles. The proposal for a Needs Assessment has been pulled from the last two budget cycles in order to maintain a lean budget. Mayor Sanders said the one option identified was for EDC to form a Crime Control District with the funding going towards a Police Department. This decision would be made by the Town Council, not the Mayor and Town Manager. Mayor Pro Tem Edstrom said that a member of EDC 4B announced the Crime District would occur as fait accompli at a Park Board meeting. Following this meeting, Edstrom had to reassure Park Board members and residents that the final decision would rest on the residents and be ordered in an election. Mayor Pro Tem Edstrom asked that the April 9, 2008 Park Board meeting be investigated to be sure certain rules were not broken as she feels there was political posturing occurring. C.1 Discuss and take appropriate action regarding a Resolution amending Resolution 2007-21 to appoint two citizens to serve on two seats on Tree Board for the remainder of two unexpired terms. 112 Town Manager Emmons stated that there are currently two openings on Tree Board; both positions have been vacant for over one year. The Town has advertised in the past with no responses. The Tree Board met on April 8, 2008 to interview two candidates. Both candidates have a strong interest and desire to be involved in the Town and are considered solid candidates to fill the existing vacancies. Motion made by Edstrom, seconded by Cates to appoint John Klauss until 2009 and Melissa Pugh until 2010. Motion passed unanimously without any discussion. C.2 Discuss and take appropriate action regarding the Contract with CityBase.Net, Inc. Lewis F. McLain, Jr. regarding professional services for the evaluation of financial feasibility and impacts related to the water/wastewater study. Mayor Sanders explained the contract revisions provided to the Council during the meeting. Council member Cates questioned the consultant’s objectivity of the facts and analysis and asked for assurance that the MUDs have agreed to the contract language and costs. Council member Wilson questioned the MUDs’ contribution to this study and expressed concern regarding financial accountability if the Town is the only one is paying for the study. Town Manager Emmons said that he has worked with MUD Manager, Walter Fitzpatrick on the RFQ scope and the recommendation was provided to the Council at their last meeting. Town Manager Emmons recommended the Council move forward as this contract has been in the works for eight to nine months. MUD Director Jim Hase, 209 Inverness Drive – Stated on behalf of the Master District that their position is being mischaracterized and is concerned about the Council moving forward under this assumption. Mayor Pro Tem Edstrom read an insert on Mr. McLain and his credentials explaining that a biased opinion would be of no value to the residents. MUD Director Jim Hase would like to get more information about McLain’s experience with MUDs. Although the financial accounting principals are the same for Town and MUDs, Hase stated it would behoove the consultant to know the purpose of a MUD. Council member Wilson stated she feels there is some confusion and deflection. The best fair and balanced report, devoid of confusion is by conducting the study properly in order to provide a stronger foundation. Town Manager Emmons confirmed that staff received four RFQ’s. MUD Director Jim Hase said that the Master District would like to meet directly with the Town Council. The Master District feels it would be advantageous to have the study conducted by someone who is unbiased and would like to know the Council’s intent in order to agree to the scope. Motion made by Edstrom, seconded by Moss to move to a date certain, possibly the May 5 meeting and discuss in a joint meeting with the Master District. Mayor Pro Tem Edstrom stated if the fix is as easy as Director Hase suggests, the contract should be revised and ready for action at the May 5 meeting. MUD Director Jim Hase requested two representatives from each entity review prior to this deadline. Mayor Pro Tem Edstrom requested the Directors send their revisions to the MUD Manager and the Council to the Town Manager and let those two put together the information. Town Manger Emmons said the Master District was provided the contract approved by the Town Council which the Master District denied without justification. Director Hase said the Master District would like to have direct communication with the Elected Officials before approving. Master District Chair, Carol Borges, 33 Salida Drive – Suggested on a personal note, bullet points describing how future bonding will be affected after a merge. 113 Connie White, 119 Trophy Club Drive – Said it is crucial for the elected officials to meet as the Town Manager has misinterpreted the agreement. Pearl Ford, 2 Spring Creek Court – Requested if the Council is going to approve, they do it right and suggested the two groups get together and discuss. Council member Moss commented to the adversarial position between the MUDs and the Town Manager. Town Manager Emmons apologized to the MUDs if he misinterpreted what he heard in the Master District meeting last Thursday. Emmons agreed that the relationship is adversarial and read an insert from the last Master District meeting. Motion to amend made by Wilson, seconded by Moss to refer the vote until after the committee meeting, consisting of members from both the Town Council and the Master District in order to achieve the purpose of communication, and putting together a successful contract, occurring prior to the Town Council’s May 5 meeting. Motion to amend passed unanimously. Main motion as amended passed 3:0:1, with Edstrom abstaining. Motion made by Edstrom, seconded by Moss to appoint Edstrom and Moss to the group. Motion passed unanimously without further discussion. Council recessed for three minutes. C.3 Discuss and take appropriate action regarding a notice from the Public Utility Commission of Texas for a Consumer Price Index Adjustment to Municipal Telecommunications Right- of Way Access Line Rates. Town Manager Emmons provided the background and history regarding this item. Should Council wish to approve this adjustment; notification must by received by the Public Utility Commission of Texas no later than April 30, 2008. Town Manager Emmons suggests the Council accept the Consumer Price Index Adjustment. Motion made by Moss, seconded by Cates to accept the new CPI adjusted 2008 rates (Section 1), asking staff to take the appropriate action necessary to advise the Public Utility Commission of Texas. Motion passed unanimously without any discussion. C.4 Discuss and take appropriate action to approve Minutes dated, March 3, 2008. Motion made by Edstrom, seconded by Wilson to approved with corrections. Motion passed 3:0:1 with Cates abstaining. C.5 Discuss and take appropriate action to approve Minutes dated, April 7, 2008. Council member Wilson requested the citizen’s comments be changed to the following: Pauline Twomey, 203 Oakmont Drive – Reported that the Marshall Creek figures provided by Greg Lamont at a September 2006 were incorrect. She also questioned Mr. Lamont's reported credentials. Motion made by Edstrom, seconded by Cates to approved with corrections. Motion passed unanimously without any discussion. 114 C.6 Discuss and receive input regarding an Ordinance amending Chapter 10, entitled "Public Safety", of the Code of Ordinances of the Town of Trophy Club, Article IV entitled "Peddlers and Solicitations." Town Manager Emmons opened and turned over to Council member Wilson. Council member Wilson stated that she placed this on the agenda after several complaints regarding furniture sales trucks coming and going and asked that Town Manager Emmons research. Council member Wilson provided the Council with example ordinances from other municipalities. Council member Wilson is unable to determine a time restriction in the Town’s current Ordinance and likes Southlake’s solicitation ordinance. Council directed staff to revise the current Ordinance and asked that staff reflect the revisions in a separate document. Town Manager Emmons asked that the Council send him their suggestions. Deandra Pugh, 2 Chimney Rock Drive – Asked the Council to consider restrictions on door hangers which are not covered under Chapter 10, Article IV of the Code of Ordinances or permitted and requested more accountability for the company handling these Mayor Pro Tem Edstrom asked Police Chief Kniffen how complaints should be handled on weekends. Chief Kniffen advised that there is a non-emergency number on the Town’s website for the residents to call. Council member Wilson suggested that this number be added to next month’s newsletter. Input only, no action. C.7 Reports. . (a) Town Manager Emmons’ gave his report. C.8 Items for Future Agenda. Council member Cates hopes that the following items stay on the items for Future Agenda: Review of the Property Maintenance Ordinance, discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of improvements for area to create a linear park. Council member Cates also requested the Council discuss and consider a means for controlling the Trophy Club, Women’s Club Garage Sale traffic. Mayor Pro Tem Edstrom requested department’s goals and objectives be added as an item for the next agenda and would like staff to review options of how the Town can improve the upkeep of rental property, with or without creating a Building Standard Commission. Mayor Pro Tem Edstrom requested a copy of the City of Melissa’s Proclamation to the State Legislation regarding not taking sales tax from road projects, asked that the Ordinance for the Indemnification of Officers be moved up and requested an update from the Police and Fire Chiefs regarding proactive measures to flooding. Council member Wilson would like the item regarding Town Manager Emmons’ report on the sound barrier issues on the east side and TXDOT moved up and would like to be proactive about approaching TXDOT to address. Council member Wilson would like to readdress the speed limit on Skyline, the possibility of creating a crosswalk from Summit Cove across Trophy Club Drive to the County Club and discuss and consider library focus group. C.9 Discuss and take appropriate action relative to Executive Session Item Number A.2. A. Patricia Adams, Town Attorney Annual Evaluation (Section 551.074 (a)(1)) Motion made by Wilson to give Town Attorney Adams a 5% increase. Motion died for lack of a second. Motion made by Cates, seconded by Edstrom to give Town Attorney Adams a 4% increase. 115 Motion passed unanimously without any discussion. B. Quanah Properties L.P. v. Town of Trophy Club, Cause No. 067 228781 08 and Quanah Properties pending appeal of decision regarding lighted signage on the East Elevation of Value Place Hotel (Section 551.071 (1) and (2)) Motion made by Edstrom, seconded by Cates to approve with the following dates April 25 in the first blank of Section 4, and June 25 in the second blank of Section 4. Council member Wilson asked if the developer would be willing to change the painting on the signs to make it more palpable with the look. Motion passed 3:1, with Wilson opposing. D.1 Adjourn. Motion made by Cates, seconded by Wilson to adjourn. Meeting adjourned at 9:56 p.m. _______________________________ ________________________________ Lisa Ramsey, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 116 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-19-2008 Subject: Agenda Item No.C.5 Discuss and provide direction to Staff regarding an Ordinance amending Chapter 10, entitled "Public Safety", of the Code of Ordinances of the Town of Trophy Club, Article IV entitled "Peddlers and Solicitors.” EXPLANATION: The Town’s current Peddlers and Solicitors Ordinance, codified in Chapter 10, Article IV of the Code of Ordinances was briefly discussed at the April 21, 2008 Council meeting. Topics identified for further discussion at the previous meeting included time/day restrictions, increased fees and permitting requirements, and an immediate response complaint contact number for resident reporting of violations. This item has been brought back for further discussion to seek Council input and direction relative to potential amendments to the Town’s existing ordinance. Council member Wilson has provided sample ordinances from Southlake, Roanoke, Dallas, Grapevine and Keller as well as an ordinance from West Point, Virginia which provides an example of full restriction. Various sections of the sample ordinances are highlighted for your reference. Attachments: 1. Ordinances from other cities (provided by Council member Wilson) 2. Article IV entitled "Peddlers and Solicitations." 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 Article IV Peddlers and Solicitors Section 4.01 Definitions In this Code: Actively Supervised: Means a supervisor shall be within one hundred feet (100’) of all children ten (10) years of age or less for whom the supervisor is responsible at all times when said children are engaged in soliciting. Agent: Means any person contracting with the holder of a permit, secured pursuant to the terms of this Article to advertise, distribute or sell products under said permit. Charitable Solicitations Campaign: Means any course of conduct whereby any person, organization, society, association, corporation or any agent, member or representative thereof shall solicit property or financial assistance of any kind, or sell or offer to sell any article, tag, service, emblem, publication, ticket, advertisement, subscription or anything of value on the plea or advertisement, subscription or anything of value on the plea or representation that such sale or solicitation or the proceeds therefrom are for a charitable, educational, patriotic or philanthropic purpose. Goods or Merchandise: Means and shall be construed to mean any personal property of any nature whatsoever except printed material. Itinerant Vendor: Means a person who engages in a business of selling goods or services from any structure or vehicle which is not affixed to the ground, or from no structure or vehicle. Mobile Food Unit: Means a vehicle from which food is distributed or served to an ultimate customer. Person: Means an individual, corporation, association, church, organization, society or any other legal entity. Public Property: Means any property open or devoted to public use or owned by the Town, including, but not limited to, sidewalks, streets, parkways, medians, right-of-way easements and parks. Religious Solicitation and Solicitations For a Religious Purpose: Means and include any course of conduct whereby any person, organization, society, association or corporation, or any agent, member or representative thereof, solicits property or financial assistance of any kind or sells or offers for sale any article, tag, service, emblem, publication, ticket, advertisement, subscription or anything of value on the plea or presentation that such sale or solicitation or the proceeds thereform are for a religious purpose, on the streets, in any office building or any other public or private place, or by house-to-house canvassing. Shoulder: Means the unpaved section of highway, road, or street in Trophy Club which is located in the public right-of-way and abuts the paved section of the highway, road or street and extends to the outside boundaries of the right-of-way. Solicit: Means selling or attempting to sell goods or merchandise, services or anything of value, or to take or attempt to take orders for the future delivery of goods or merchandise, or anything of value, or take or attempt to take orders for services to be furnished or performed in the future when the solicitation occurs upon the premises of another or upon any public property. 154 Solicitation: Means the practice, act or instance of soliciting. Solicitor: Means all persons, as well as their agents and employees, who solicit. Vehicle: Means every devise in, upon, or by which a person or property may be transported or drawn upon a street or sidewalk, including but not limited to motor vehicles, carts, wagons, cars, trucks and vans. Ord. No. 86-12, § II, 4-14-86 Repealed by Ord. No. 92-22, § II, 12-15-92 Section 4.02 Commercial Solicitation A. Permit Required It shall be unlawful for a person to solicit in person in the town without first having a written permit therefore. B. Affirmative Defenses to Permit Requirement The following shall be affirmative defenses to prosecution under Section 4.02(B) of this Code. 1. That the solicitation is for a charitable, educational, patriotic or philanthropic or religious purpose. 2. That the solicitor is on the property by express invitation of the person residing on or controlling such premises. 3. That the solicitor is a wholesale agent or factory representative who sells or exhibits for sale goods, wares or merchandise and was soliciting a person or persons engaged in the business of buying, selling and dealing in the same type of goods or merchandise. 4. That the solicitor was operating under a license granted by a state agency or the Town of Trophy Club authorizing the sale of property or services which the solicitor wishes to sell in the Town of Trophy Club. 5. That the person was soliciting newspaper sales or sales of other printed matter. 6. That the solicitation takes place upon the premises owned, leased or controlled by the solicitor or by his empower. C. Application For Permit 1. Any person and any agent of any person desiring to solicit within the Town shall file a written application for a permit to do so with the Town Secretary, which application shall show: a. The name and address of the applicant; if the applicant is an association, company or corporation, then it shall state its name along with the names of the persons who will be soliciting in the Town; 155 b. The name and address of the employer or firm which such applicant represents; c. If the applicant is a corporation, or if the individual is employed by a corporation, the date and place of incorporation; d. The names of other communities in which the applicant has worked as a solicitor in the past twelve (12) months; and if he was employed by a different company in the other communities; the names of those companies shall also be stated; e. The nature of merchandise to be sold or offered for sale or the nature of the services to be furnished; f. Whether such applicant upon such order so obtained will demand, accept or receive payment or deposit of money in advance of final delivery; g. The period of time such applicant so wishes to solicit, sell or take orders in the Town; h. An outline of the method or methods to be used in conducting the solicitations; i. A physical description of the applicant which includes race, sex, height, weight, hair and eye color, date of birth, driver's license number and the name of the state issuing the driver's licenses; and j. Whether the applicant or any agent of the applicant has been convicted within the last five (5) years of murder, burglary, theft, fraud, robbery, rape, or any drug-related felony. 2. Such application shall also show satisfactory proof of the applicant's authority to represent the company or individual such applicant states that he represents, and it shall be in writing. 3. This application shall be accompanied by a Ten Dollar ($25.00) fee and no permit hereunder shall be issued until such fee has been paid by the applicant. 4. A permit requested under this Section shall be issued for the length of time requested, not to exceed twelve (12) months. Upon expiration of one permit, the solicitor may apply for a new permit in the same manner prescribed by this section for a new permit. 5. The Town Secretary shall refer the application to the police department for the purpose of determining whether or not the applicant or any of the applicant's agents have been convicted within the last five (5) years of murder, burglary, fraud, theft, robbery, rape or any drug-related felony. D. Issuance of Permits; Bond Required 1. Where the applicant for a permit to solicit within the Town shows that the applicant will not demand, receive or accept payment and/or deposit of 156 money in advance of final delivery of such goods, merchandise or services to be sold and/or solicited by such applicant, it shall be the duty of the Town Secretary to issue to such applicant a permit to solicit, sell and take orders for such goods, merchandise, and/or services set out in such applicant's application within five (5) working days (Monday through and including Friday) of the completion of the application and upon the payment of the Ten dollar ($10.00) fee unless it has been determined that the application contains false information or the person has been convicted within the last five (5) years of murder, theft, fraud, burglary, robbery, rape or a drug-related felony. 2. If the application for such permit shows that such application shall receive, demand or accept payment and/or deposit of money in advance of final delivery of goods, merchandise, services or anything of value sold, then such application shall be accompanied by a bond in the penal sum of One Thousand Dollars ($1,000.00) for an individual permit executed by such applicant as principal and a surety company licensed to do business as such in Texas. Such bond is to be conditioned upon making final delivery of such goods, merchandise, services, or anything of value in accordance with the terms of such order and/or orders obtained and which bond shall be used for the benefit of all persons, firms or corporations who may pay in advance or make any advance deposit on the purchase of said orders and said bond shall stipulate in its terms. 3. If the application contains false information or the person has been convicted within the last five (5) years of murder, theft, fraud, burglary, robbery, rape or drug-related felony, the Town Secretary shall not issue the permit. E. Permit Card 1. Along with every individual permit issued under the provisions of this Article, the permittee shall be issued a card which shall be wallet size and contain the following information. Name of permittee, permit number, date of expiration of permit and the signature of the Town Secretary. Such card shall be stamped with the seal of the office of town Secretary on the face thereof. 2. It shall be unlawful for any person soliciting in the Town without having the required permit card on his person. 3. It shall be unlawful for any person soliciting to fail or refuse to show or display such permit card upon the request of any person demanding the same. F. Appeal From Denial or Revocation of Permit Should an applicant be denied a permit, or have a permit revoked, he may appeal that action to the Town Council by submitting a letter to the Town Secretary's office within ten (10) days of the action complained of. A hearing on the denial will then be scheduled for the next regular meeting of the Council. The Council will render a decision on the appeal within ten (10) days of said hearing. 157 G. Prohibited Conduct It shall be unlawful for a person engaged in solicitation to: 1. Misrepresent the purpose of the solicitation; 2. Misrepresent the affiliation of those engaged in the solicitation; 3. Continue efforts to solicit from an individual once that individual informs the solicitor that he does not wish to give anything to or buy anything from that solicitor; 4. Represent the issuance of any permit or registration under this Article as an endorsement or recommendation of the solicitation; 5. Go on property upon which the owner of the property or the person controlling the property has posted signs prohibited solicitation; or 6. Remain on property after the owner of the property or person controlling the property has instructed the solicitor to leave. H.Sale of Fresh or Frozen Meats and Seafood Prohibited on Public Property. It shall be unlawful for any person to peddle, solicit, sell, offer for sale or exhibit for sale fresh or frozen meats or frozen seafood upon any public property within the Town. I.Sale of Fresh or Frozen Meats or Seafood by Itinerant Vendors Prohibited. 1. It shall be unlawful for any itinerant vendor to peddle, solicit, sell, offer for sale or exhibit for sale fresh or frozen meats or seafood within the limits of the Town of Trophy Club. 2. It shall be an affirmative defense to Section 4.02(H) if the solicitor is a wholesale agent, factory representative or other person who sells or exhibits for sale fresh or frozen meats or seafood and was soliciting persons engaged in the business of buying and selling fresh or frozen meats and said solicitation does not occur on public property. J.Unlawful to Solicit Occupants of Vehicles on Paved Surface or Shoulder of Public Streets. 1. It shall be unlawful for any person to solicit the occupant of any vehicle located upon the paved surface or shoulder of any public street, highway or road within the Town. 2. It shall be an affirmative defense to prosecution under Section 4.02(I)(1). if the solicitation was for the sale of newspapers or publications or other printed material which deal with the dissemination of information or 158 opinion; however, this defense is not available if said solicitation occurred upon the paved surface or shoulder of those major thoroughfares listed in Section 4.02(M). K.Unlawful to Solicit or to Erect Structures on Public Property. 1. It shall be unlawful for any person to occupy any public property in the Town, including but not limited to public right-of-way, public street median or public sidewalk, for the purpose of soliciting. 2. It is an affirmative defense to prosecution under this Section if a person engaged in soliciting: a. Possesses a contract with the town to operate a concession on designated areas of public property; or b. Possesses a vendor's permit for prepared frozen dairy food products or frozen desserts to be sold from a mobile food unit on the streets and which unit remains in the same place no more than five (5) minutes and then moves on to a new location after each sale; however, this defense is not applicable to the sale of prepared frozen dairy food products and frozen deserts to be sold from a mobile food unit or otherwise upon the major thoroughfares listed in Section 1.02(M); or c. Is selling, distributing or offering for sale only printed matter on streets, sidewalks or rights-of-way other than those major thoroughfares listed in Section 4.02(M); or d. Is operating a vehicle for hire pursuant to a franchise, license, or permit of the Town of Trophy Club or State of Texas; or e. Has been granted permission by agreement approved by the Town Council. 3. It shall be unlawful for any person to erect, construct, build, place or maintain any booth, stand or other structure, or vehicle, either permanent or temporary upon any public property, including, but not limited to, public right-of-way, public street, median, or public sidewalk with the intent of soliciting from such structure or vehicle. It shall be an affirmative defense to prosecution under this Section if: a. The coin-operated newspaper vending machine is located upon public sidewalks and does not create a hazard to pedestrians or vehicular traffic; or b. The person possesses a contract with the Town to operate a concession on designated areas of public property; or c. The person has been authorized to do so at a special event by the Town Council; or d. The person possesses a vendor's permit for prepared frozen dairy food products or frozen desserts to be sold from a mobile food unit on the streets and which unit remains in the same place no more 159 than five (5) minutes and then moves on to a new location after each sale; however, this defense is not applicable to the sale of prepared frozen dairy food products or frozen desserts to be sold from a mobile food unit or otherwise upon those major thoroughfares listed in Section 4.02(M). L.Newspaper and Publication Sales It shall be unlawful for any person to sell or offer for sale or to give newspapers or publications to any occupant of any vehicle which is located in a traffic lane or shoulder of any of the major thoroughfares set forth in Section 4.02(M). M.Major Thoroughfares The rights-of-way, highways, roads and streets and the intersections where other rights-of-way, highways, roads and streets intersect the rights of way, highways, roads and streets enumerated in the Town’s Comprehensive Land Use Plan are declared to be major thoroughfares within the limits of the Town of Trophy Club for purposes of this Section. (Ord. No. 86-12, § III, 4-14-86 Repealed by Ord. No. 92-22, § III, 12-15-92) Code of Ordinances Cross Reference: (Soliciting Permit Fee), Chapter 1, § 8.11 Section 4.03 Charitable Solicitations A. Permit Required; Exceptions 1. It shall be unlawful to conduct any charitable solicitation campaign in any office building, or any public or private place or by house-to-house canvass, unless the person, organization, society, association or corporation conducting same and responsible therefore shall first have obtained a permit in compliance with the terms of this Section. 2. Affirmative Defenses The permit requirement of this section shall not apply to: a. Any organization which solicits funds solely from its own members or from its own assemblies; not using public streets or public places for such purposes; b. Any public or private school located in Trophy Club which controls the solicitation of funds by parent-teacher association organizations and the solicitation of funds by other activity groups which may be sponsored by the public school or by an association or club whose primary purpose is to sponsor certain student and parent activities for the benefit of such association, club or activity; c. Any solicitation for the benefit of an individual or family that has suffered a personal tragedy resulting from personal injury, illness or the loss of housing; and d. Any solicitations campaign conducted through the use of television or radio as to those activities directly related to the use of television or radio. B. Same -- Application; Information to be Contained 160 1. A permit to conduct a charitable solicitations campaign on the streets or in any public place or by house-to-house canvass in the Town shall be granted upon application of such permit filed in duplicate with the Town Secretary's office not less than five (5) working days (Monday through and including Friday) prior to the initiation of the proposed charitable solicitations campaign. If the application is mailed to the Town Secretary's office, it must be received five (5) working days (Monday through and including Friday) prior to initiation of the proposed campaign. Such application shall be sworn to by the applicant and shall contain at least the following information. a. The full name of the organization applying for a permit to solicit and the address of the headquarters in the Town; if the organization is a chapter or other affiliate of an organization having its principal office outside the Town; the name and address of the parent organization. b. The names and addresses of all officers and directors or trustees of the organization and the name and city of residence of all officers, directors or trustees of the parent organization, if any. c. The purpose or purposes for which the gross receipts derived from such solicitations or other activities are to be used. d. The name of the person or persons by whom the receipts of such solicitation shall be disbursed; if the receipts are transmitted to a parent organization for further disbursement, detailed information on the methods of handling and disbursement of all funds and a detailed and complete financial statement of the parent organization for the last preceding fiscal year. e. The name and address of the person or persons who will be in charge of conducting the charitable solicitations campaign and the names of the persons who shall actually solicit contributions. f. A physical description of the applicant which includes race, sex, height, weight, hair and eye color, date of birth, driver's license number and the name of the state issuing the driver's license. g. Whether the applicant or any agent of the applicant has been convicted within the last five (5) years of murder, burglary, theft, fraud, robbery, rape, or any drug-related felony. h. An outline of the method or methods to be used in conducting the charitable solicitations campaign. i. The period within which such charitable solicitations campaign shall be conducted, including the proposed dates for the beginning and ending of such campaign. j. The total amount of funds proposed to be raised. k. The amount of all salaries, wages, fees, commissions, expenses and costs to be expended or paid to anyone in connection with such campaign, together with the manner in which such wages, fees, commissions, expenses and costs are to be expended, and the maximum percentage funds collected which are to be used to pay such expenses of solicitation and collection. l. A full statement of the character and extent of the charitable, educational, patriotic or philanthropic work done by the applicant within the Town during the last preceding year. 161 m. If the applicant is a charitable corporation or other organization to which contributions are tax deductible for federal income tax purposes. 2. A fee of ten dollars ($10.00) must be submitted with the application unless the applicant can prove indigency or inability to pay, in which case arrangements may be made to pay the requisite fee in installations. 3. The Town Secretary shall refer the application to the police department for the purpose of determining whether or not the applicant or any of the applicant's agents have been convicted within the last five (5) years of murder, burglary, fraud, theft, robbery, rape or any drug-related felony.' C. Issuance of Permit Upon receipt of a proper application, the Town Secretary shall issue a permit unless she determines that: 1. One or more of the statements made in the application are not true; 2. The applicant or person in charge of the charitable solicitations campaign has made or caused to be made false statements or misrepresentations to any member of the public with regard to the charitable solicitations campaign or other activities described in the permit, or has made or caused to be made false statements or misrepresentations in the application, or has in any way publicly represented that the permit granted hereunder is an endorsement or recommendation of the cause for which the charitable solicitations campaign is being conducted or has otherwise violated any of the terms of the permit or this Article; or 3. The applicant or person or persons who are actually to solicit contributions have been convicted of murder, burglary, fraud, robbery, theft, rape or a drug-related felony within the last five years preceding the filing of the application. D. Duration of Permit A permit issued under this Section shall be for a one-year period. At the end of that time, the applicant may apply for an extension of the permit on a form supplied to him by the Town Secretary's office. This form may require the submission of the same information that was required in the original application, or only portions of that information. E. Appeal From Permit Denial or Revocation Should an applicant be denied a permit, or have a permit revoked, he may appeal that action to the Town Council by submitting a letter to the Town Secretary's office within ten (10) days of the action complained of. A hearing on the denial will then be scheduled for the next regular meeting of the Council. The Council will render a decision on the appeal within ten (10) days of the hearing. F. Agents and Solicitors for Permit Holders All persons to whom permits have been issued under this Section shall furnish proper credentials to their agents and solicitors for such charitable solicitations campaign. Such credentials shall include the name of the permit holder, the date a statement describing the holder's charitable, educational, patriotic or philanthropic activity, a description of the purpose of the solicitation, the signature of the 162 permit holder or of the holder's chief executive officer and the name, address, age, sex and signature of the solicitor to whom such credentials are issued and the specific period of time during which the solicitor is authorized to solicit on behalf of the permit holder. No person shall solicit under any permit granted under this Article without the permit in his possession. The credentials and facsimile copy of the permit shall be show, upon request, to all persons solicited and to any police officer of the Town. G. Responsibility for Acts of Solicitors The recipient of a permit for a charitable solicitations campaign shall be responsible for the acts of his authorized representatives in connection with such campaign. H. Certain Methods of Solicitation Prohibited The following methods of solicitation are and shall be prohibited within the Town 1. It shall be unlawful for any person to solicit charitable contributions in the right-of-way or upon the paved portion or the median of any major thoroughfare listed in Section 4.02(M). 2. It shall be unlawful for any person to stop or attempt to stop any vehicle which is located upon the paved surface or shoulder of any public road, street or highway for the purpose of soliciting a charitable contribution. 3. It shall be unlawful for any person to obstruct a public sidewalk while soliciting for a charitable contribution. (Ord. No. 86-12, § IV, 4-14-86 Repealed by Ord. No. 92-22, § IV, 12-15-92) Code of Ordinances Cross Reference: (Soliciting Permit Fee), Chapter 1, § 8.11 Section 4.04 Religious Solicitations A. Registration Requirement 1. It shall be unlawful to conduct any religious solicitations in any office building or any public or private place, or by house-to-house canvass unless the person and religious organization conducting religious solicitations shall first have registered with the office of Town Secretary in compliance with this Section. 2. It shall be affirmative defense to prosecution under this Section if a person, organization, society, association or corporation conducting a religious solicitation obtains a charitable permit in compliance with Section 4.03 of this Code or a commercial permit in compliance with Section 4.02 of this Code. B. Form of Registration 1. A religious solicitor required to register hereunder shall first register in person with the Town Secretary's office giving the following information: a. Name of registrant and his permanent address; b. Name of the person, organization, society, association or corporation the registrant represents and the telephone number and address of its principal office; 163 c. Duration and location of the proposed solicitation; d. Method or methods to be used in conducting the solicitations; and e. Approximate number of participants 2. Registration expires after one year and must be renewed annually. If a change occurs in any of the information submitted with the registration, the registrant or organization shall notify the Town Secretary's office of the change as soon as possible. C. Registration Card 1. Any person who solicits for a religious purpose and is required to register under this Section, or though not required to register is soliciting or a religious purpose by house to house canvass, on the streets, or sidewalks or other public passageway, or in any other public place open to the general public, shall carry a registration card issued by the Town while engaged in that religious solicitation. 2. The registration card required by subsection (1) above must: a. Be furnished by the applicant in a form approved by the Town Secretary; b. Identify the name of the person, organization, society, association, or corporation represented as registered with the Town Secretary; and c. Contain the statement "Religious Solicitations" or "Religious Solicitor." D. Certain Methods of Solicitations Prohibited The following methods of religious solicitation are and shall be prohibited within the Town: 1. It shall be unlawful for any person to solicit religious contributions in the right-of-way or upon the paved portion or the median of any major thoroughfare set forth in Section 4.02(M). 2. It shall be unlawful for any person to obstruct any public sidewalk within the Town when soliciting a religious contribution. (Ord. No. 86-12, § V, 4-14-86 Repealed by Ord. No. 92-22, § V, 12-15-92) Section 4.05 Child Solicitations A. Supervision of Child Solicitors It shall be unlawful for any person to use children ten (10) years of age or younger for commercial solicitation, charitable solicitation or religious solicitation purposes unless said children are actively supervised by an adult person at least eighteen (18) years of age who is permitted or registered, depending upon the type of solicitation. (Ord. No. 86-12, § VI, 4-14-86 Repealed by Ord. No. 92-22, § VI, 12-15-92) Section 4.06 Penalty 164 Any person violating any of the provisions of this Code shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in a sum not to exceed Five Hundred Dollars ($500.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. (Ord. No. 86-12, § VIII, 4-14-86 Repealed by Ord. No. 92-22, § VI, 12-15-92) 165 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-19-2008 Subject: Agenda Item No.C.6 Opening remarks by Mayor Sanders to outgoing Council member and incoming Council members and comments from and to outgoing Council members. 166 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-19-2008 Subject: Agenda Item No.C.7 Oath of Office to be administered by Municipal Court Judge, Mark Chambers and Presentation of Certificate of Election from the Mayor to Incoming Council Members. EXPLANATION: Honorable Judge, Mark Chamber will administer the Oaths of Office to Council Elect Edstrom, Sterling and Strother. 167 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-19-2008 Subject: Agenda Item No.C.8 Discuss and take appropriate action regarding an amendment to Chapter 5 entitled "General Land Use", Article IV entitled "Sign Regulations" of the Code of Ordinances to amend various sections to prohibit the use of changeable electronic variable message signs and electronic message boards on billboards with the Town limits and ETJ and to enact related regulations. EXPLANATION: The Town’s Sign Regulations are codified in the General Land Use Section of the Code of Ordinances. Last week, the Town staff became aware of new TXDOT regulations that will become effective June 1, 2008. Those regulations will allow billboard signs along interstate highways to have changeable electronic variable message signs (CEVMS) and electronic message boards with approval from TXDOT. Under the regulations, prior to TXDOT approval being given, TXDOT will ask an applicant whether the Town’s regulations permit this type of sign. The current regulations do not comprehensively address either CEVMS or electronic message boards. This draft ordinance is provided to safeguard the community against the visual clutter and traffic hazards created to drivers and pedestrians by these types of signs by prohibiting new billboard signs to be CEVMS or to utilize electronic message boards and by prohibiting existing billboards from being modified to include CEVMS or electronic message boards. RECOMMENDATION: Due to the impending effective date of the TXDOT regulations, Staff recommends approval at the May 19th Council meeting. (ss/paa) Attachments: 1. Ordinance 2. Final Version Of Electronic Billboard Rules Adopted By Texas Transportation Commission 168 TOWN OF TROPHY CLUB, TEXAS TOWN ORDINANCE NO. 2008-___ AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, ENTITLED “GENERAL LAND USE”, ARTICLE IV, ENTITLED “SIGN REGULATIONS”; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS TO SECTION “SECTION 4.01 “DEFINITIONS”; PROVIDING FOR AMENDMENTS TO SECTION 4.03 ENTITLED “GENERAL STANDARDS”; PROVIDING FOR AMENDMENTS TO SECTION 4.06 ENTITLED “COMMERCIAL AND INSTITUTIONAL SIGNS” SUBSECTION B ENTITLED “MISCELLANEOUS SIGN REGULATIONS” PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; 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; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council agrees with the American Society of Landscape Architects determination that outdoor advertising signs tend to deface nearby scenery, whether natural or built, rural or urban; and WHEREAS, the Town Council agrees with the courts that have recognized that outdoor advertising signs tend to interrupt what would otherwise be the natural landscape as seen from the highway, whether the view is untouched or developed and that it would be unreasonable and illogical to conclude that an area is too unattractive to justify aesthetic improvement; and WHEREAS, the Town Council has determined that outdoor advertising signs, including changeable electronic variable message signs, pose a distraction to drivers, bikers and pedestrians from the roadway; and WHEREAS, the Town Council has determined that in order to preserve and enhance the Town as a desirable community in which to live and do business, a pleasing, visually attractive environment is of foremost importance; and these regulations are a highly contributive means by which to achieve this desired end and have been prepared with the intent of enhancing the visual environment of the Town and promoting safety and continued well-being; and 169 WHEREAS, the Town Council has determined that off-premise signs, commonly known as billboards, are inconsistent with the above-stated goals and that their regulation is necessary to protect the health, safety and welfare of the public; and WHEREAS, the Town Council has determined that changeable electronic variable message signs are inconsistent with the above-stated goals and that their regulation is necessary to protect the health, safety and welfare of the public; and WHEREAS, the City Council finds that the regulation of signage within the Town and its ETJ is a general function of the Town Council; and WHEREAS, the Town Council hereby finds that the amendment of Sections 4.01, 4.03, and 4.06 of Article IV, Chapter 5, of the Code of Ordinances as further specified herein serves the public health, safety, and welfare and therefore is in the best interest of the Town. 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 herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01 Article IV entitled “Sign Regulations” of Chapter 5, entitled “General Land Use” of the Code of Ordinances of the Town is hereby amended to revise Section 4.01 entitled “Definitions” to add the following terms to be inserted in alphabetical order within the current list of definitions: “Changeable Electronic Variable Message Sign (CEVMS): A sign which permits light to be turned on or off intermittently or which is operated in a way whereby light is turned on or off intermittently, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including light emitting diode (LED) or Electronic Message Board or digital sign, and which varies in intensity or color. A CEVMS does not include a sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices, as amended. ” 2.02 Article IV entitled “Sign Regulations” of Chapter 5, entitled “General Land Use” of the Code of Ordinances of the Town is hereby amended to revise Section 4.01 entitled 170 “Definitions” to delete the definition for “Electronic Display Sign” and to adopt the following definition for “Electronic Message Board” and to be inserted in alphabetical order within the current list of definitions: “Electronic Message Board: A sign with a fixed or changing display/message composed of a series of lights that may be changed through electronic means. Signs whose alphabetic, pictographic, or symbolic informational content can be changed or altered on a fixed display screen composed of electrically illuminated segments. The term includes a Programmed Electronic Display” 2.03 Article IV entitled “Sign Regulations” of Chapter 5, entitled “General Land Use” of the Code of Ordinances of the Town is hereby amended so that various subsections in current Section 4.03 entitled “General Standards” are renumbered as follows: Subsection “A” entitled “Height of Signs” is renumbered to be Section “B” entitled “Height of Signs”; Subsection B entitled “Building and Electrical Codes Applicable” is renumbered to be Section “C” entitled “Building and Electrical Codes Applicable”; Subsection “C” entitled “Illuminated Signs” is renumbered to be Section “D” entitled “Illuminated Signs” Subsection “D” regulating Governmental Signs, Addresses, Protective Signs, Temporary holiday decorations and vehicular signs is renumbered to be Section “E” regulating Governmental Signs, Addresses, Protective Signs, Temporary holiday decorations and vehicular signs. All regulations contained within the foregoing enumerated sections remain unaltered in full force and effect, and except for renumbering, are not affected by this amendment. 2.04 Article IV entitled “Sign Regulations” of Chapter 5, entitled “General Land Use” of the Code of Ordinances of the Town is hereby amended so to revise Section 4.03 entitled “General Standards” to add the following sections: A. Purpose / Applicability. The purpose of this Article is to protect those areas both within the corporate limits and within the extraterritorial jurisdiction of the Town from visual clutter and safety hazards resulting from driver distraction. The regulations contained in this Article are applicable to the incorporated limits and the extraterritorial jurisdiction of the Town. F. Billboard Signs - CEVMS. Pursuant to Section 4.06 (B), Billboard Signs are not allowed within the Town or its extraterritorial jurisdiction unless specifically authorized by the 171 Town Council upon recommendation of the Town Planning and Zoning Commission. The erection of new CEVMS Billboard Signs or the modification or conversion of existing Billboard Signs into CEVMS within the Town limits and the extraterritorial jurisdiction of the Town is hereby expressly prohibited. G. CEVMS or Electronic Message Board Signs. For CEVMS or Signs with Electronic Message Boards, other than Billboard Signs, the approval of Town Council upon recommendation of the Town Planning and Zoning Commission is required to convert any existing sign into or to construct any new sign as a CEVMS or to construct any existing sign into or to convert any new sign into a sign with an Electronic Message Board. 2.05 Article IV entitled “Sign Regulations” of Chapter 5, entitled “General Land Use” of the Code of Ordinances of the Town is hereby amended to revise Subsection B entitled “Miscellaneous Sign Regulations of Section 4.06 entitled “Commercial and Institutional Signs” to delete the regulations relating to “Programmed Electronic Display” and to add the following: Sign Type Number Size & Height Duration Zoning District “Electronic Message Boards 1 per premise with approval of the Town Council upon recommendation of the Planning and Zoning Commission; Not allowed on Billboards 50 sq. ft, 4 ft Life of Permit All Districts” 2.06 Article IV entitled “Sign Regulations” of Chapter 5, entitled “General Land Use” of the Code of Ordinances of the Town is hereby amended to revise Subsection B entitled “Miscellaneous Sign Regulations of Section 4.06 entitled “Commercial and Institutional Signs” to add the following regulations relating to CEVMS: Sign Type Number Size & Height Duration Zoning District “CEVMS 1 per premise with approval of the Town Council upon recommendation 50 sq. ft. 4 ft. Life of Permit All Districts” 172 of the Planning and Zoning Commission; Not allowed on Billboards SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the Sign Regulations 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 portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. 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. 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 of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand 173 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 7. 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 19th day of May, 2008. _______________________________ Mayor, Nick Sanders Town of Trophy Club, Texas ATTEST: _______________________________ Town Secretary Town of Trophy Club, Texas [SEAL] _______________________________ Town Attorney Town of Trophy Club, Texas 174 FINAL VERSION OF ELECTRONIC BILLBOARD RULES ADOPTED BY TEXAS TRANSPORTATION COMMISSION- On February 28, 2008, the Texas Transportation Commission (Commission) adopted rule changes that redefine lighted billboards in a manner that permits electronic typically, light-emitting diode or “LED”) billboards on state highways within a city’s limits or extraterritorial jurisdiction, subject to the city’s written consent. The rules will be effective on June 1, 2008. The final rules are available at http://www.dot.state.tx.us/publications/commission/2008_meetings/minute_orders/feb28 /9b(4).pdf. The rules allow an electronic billboard if an applicant: (1) receives a permit from the Texas Department of Transportation (TxDOT); (2) complies with TxDOT billboard rules; and (3) receives written consent from the city. In late 2007, TML submitted written comments and proposed language to the Commission suggesting that its rules should clearly state that an LED billboard may not be placed without the express permission of the city in which it will be located. Several cities and other interested groups also filed comments. The Commission incorporated into the final rules a number of the suggestions that had been made by the League and other commenters. Most importantly, the final rules are clear that, for an existing sign to be upgraded to an electronic sign, the applicant must receive permission from the regulating city. In its comments on the rules, TxDOT stated that an electronic sign would be allowed only if the city authorizes the sign, even if the city has no sign regulations in place. Some may still question whether a city may withhold written consent absent an ordinance that expressly regulates or bans LED billboards. Further, cities with an outright ban on all new billboards may wish to supplement their ordinances with language that addresses LED billboards. The Commission extended the effective date of the rules to June 1, 2008, so that cities may, if they wish, adopt regulations governing these signs. The broad issue of billboard regulation is the subject of an interim legislative charge to the Senate Transportation and Homeland Security Committee and will be studied by city officials during the League’s legislative policy development process later this year. Cities that decide to regulate or prohibit electronic billboards should consult with local legal counsel to ensure that appropriate changes are added to their sign ordinances. Please contact TML’s legal department at 512-231-7400 or at legal@tml.org with questions. TML member cities may use the material herein for any purpose. No other person or entity may reproduce, duplicate, or distribute any part of this document without the written authorization of the Texas Municipal League. 175 Back to Legislative Update Index ©2008 Texas Municipal League, 1821 Rutherford Lane, Suite 400, Austin, Texas 78754-5128; 512-231-7400 176 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-19-2008 Subject: Agenda Item No.C.9 Discuss and take appropriate action regarding the continued service of the current Council member liaison to EDC-4B, and adopting a Resolution amending Resolution No. 2007-21 to designate a new Council member liaison to EDC-4B. EXPLANATION: Council member Sterling has asked that this item be placed on the agenda. Due to his work schedule he has asked that Council consider a new liaison for the EDC 4B Board. A Resolution has been drafted in the event Council member Sterling vacates his Liaison position and the Town Council takes action to appoint a new Council member Liaison. (ps) Attachments: 1. Resolution 177 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2008- A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING RESOLUTION NO. 2007-21, BY APPOINTING ONE (1) COUNCIL LIAISON TO THE ECONOMIC DEVELOPMENT CORPORATION 4B; PROVIDING THAT THE REMAINDER OF RESOLUTION NO. 2007-21 SHALL CONTINUE IN FULL FORCE AND EFFECT; AND ADOPTING A NEW RESOLUTION APPOINTING ONE (1) COUNCIL MEMBER LIAISON TO EDC 4B; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town benefits by having its citizens involved in local government through service on Town Committees and Boards; and WHEREAS, since the adoption of Resolution No. 2007-21, a position for Council member Liaison for EDC 4B has become vacant; and WHEREAS, the Town Council has determined it to be appropriate to appoint a new Council member Liaison for EDC 4B as set forth below. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That Section 2 of Resolution No. 2007-21 is hereby amended to reflect the appointment of a new Council member Liaison for EDC 4B to fill the Liaison position as specified below and that all other appointments made pursuant to Resolution No. 2007-21 shall be unaffected by this amendment: Economic Development Corporation 4B 1. Council Liaison - _____________________ Section 2. That all of the other terms an provisions of Resolution No. 2007-21 not in conflict with the terms of this Resolution shall continue in full force and effect. Section 3. That this Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 19th day of May 2008. ___________________________ Nick Sanders, Mayor Town of Trophy Club, Texas 178 ATTEST: ___________________________________ Town Secretary Town of Trophy Club, Texas [Seal] APPROVED AS TO FORM: ____________________________________ Town Attorney Town of Trophy Club, Texas 179 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-19-2008 Subject: Agenda Item No.C.10 Discuss and take appropriate action to designate a Voting Representative to North Central Texas Council of Governments' General Assembly. (bse) Attachments: 1. NCTCOG Cover Letter 2. Designation of Voting Representative Form 3. Information Sheet 4. Additional Positions Listing 180 181 182 183 184 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-19-2008 Subject: Agenda Item No.C.11 Items for Future Agenda. 1. Review of the Property Maintenance Ordinance. (Council member Cates) 2. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of improvements for area to create a linear park. (Mayor Sanders - Council member Cates) 3. Discuss and receive input regarding an Ordinance amending Section 6.01(E)(4) of Article VI ”Town Council Rules of Procedure,” Chapter 1of the Code of Ordinances relating to Presentation by Citizens. (Council member Moss) 4. Discuss and receive input regarding an Ordinance amending Article II, ”Traffic and Vehicles” of the Code of Ordinances relating to speed limit reduction. (Council member Moss) 5. Town Manager Emmons to report on the sound barrier issues on the east side and TXDOT, and discussion of same. (Council member Wilson) 6. Establish and implement a process for Hotel inspections. (Mayor Pro Tem Edstrom added on 1/21/08) 7. Review the Citizen of the Year guidelines, criteria and voting process. (Mayor Pro Tem Edstrom – 1/21/08) 8. Annual update and presentation by the Park Board. (August 4, 2008) 9. Discuss and take appropriate action regarding an Agreement for Professional Services between Carter & Burgess, Inc. and the Town of Trophy Club for Construction Phase Services related to the Northwest Parkway, Parkview Realignment, and Medlin School Drop-Off. 10. Discuss and take appropriate action regarding possible means to control the Garage Sale traffic. (Council member Cates – 4/21/08) 11. Discuss and consider options to approve the upkeep of rental property, with or without creating a Building Standard Commission. (Mayor Pro Tem Edstrom – 4/21/08) 12. Discuss and take appropriate action regarding crosswalks going from Summit Cove, crossing Trophy Club Drive to the Country Club (Council member Wilson – 4/21/08) 13. Readdress the speed limit and signage on Skyline Drive. (Council member Wilson – 4/21/08) 14. Discuss and take appropriate action regarding a Library Focus Group. (Council member Wilson – 4/21/08) 15. Town Council to provide direction the P & Z Commission regarding Mr. Kaler’s Ordinance ideas. (Council member Wilson – 5/5/08) 185 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-19-2008 Subject: Agenda Item No.C.12 Reports. 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. (a) Town Manager's Report. (b) Town Council report from EDC 4A Liaison, Council member Moss. (c) Town Council report from EDC 4B Liaison, Council member Sterling. (d) Town Council report from Parks and Recreation Department. (monthly) 186 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-19-2008 Subject: Agenda Item No.C.13 Adjourn 187