Agenda Packet TC 09/08/2008 1
Town of Trophy Club
Town Council Public Hearings/Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, September 8, 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 Presentation and volunteer recognition by Police Chief Kniffen regarding the
animal shelter and discussion of same.
A.5 Presentation by Danny Hodges from Oncor Delivery regarding outstanding
construction issues and discussion of same.
A.6 Citizen Presentations: this is an opportunity for citizens to address the Council on
any matter whether or not it is posted on the agenda. The Council is not
permitted to take action on or discuss any presentations made to the Council at
this time concerning an item not listed on the agenda. The Council will hear
presentations on specific agenda items prior to the Council addressing those
items. 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.
B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
August 4, 2008.
B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
August 18, 2008.
B.3 Consent Agenda: Discuss and take appropriate action to approve financials and
variance report dated:
a. July 2008.
B.4 Consent Agenda: Discuss and take appropriate action regarding an Interlocal
Agreement for Participation in Fort Worth's Environmental Collection Center
Household Hazardous Waste Program, designating the Assistant Town Manager
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as the Household Hazardous Waste Collection Coordinator and designating the
Town Manager as the alternate.
C.1 Public Hearing: Town Council to conduct 1st Public Hearing regarding the budget
and proposed tax rate increase for fiscal year October 1, 2008 to September 30,
2009 and Mayor to announce the date, time and place of the vote on the tax rate.
C.2 Public Hearing regarding an Amendment to Planned Development No. 25 (PD-
25), Ordinance 2006-39, Exhibit 5.6 "Sign Criteria" for Value Place Hotel located
at 306 Trophy Branch, Trophy Club, Texas.
C.3 Public Hearing regarding an Amendment to the Code of Ordinances of the Town
of Trophy Club, Chapter 13-Zoning, Article II, Section 2.02 and Article V, Section
5.03 amending and adopting new definitions and regulations affecting accessory
structures, affecting design criteria, and other related provisions. (ADM-08-029)
D.1 Discuss and take appropriate action regarding the review of the Town's FY2008-
09 Proposed Budget and tax rate.
D.2 Discuss and take appropriate action regarding an Amendment to Planned
Development No. 25 (PD-25), Ordinance 2006-39, Exhibit 5.6 "Sign Criteria" for
Value Place Hotel located at 306 Trophy Branch, Trophy Club, Texas.
D.3 Discuss and take appropriate action regarding an Amendment to the Code of
Ordinances of the Town of Trophy Club, Chapter 13-Zoning, Article II, Section
2.02 and Article V, Section 5.03 amending and adopting new definitions and
regulations affecting accessory structures, affecting design criteria, and other
related provisions. (ADM-08-029)
D.4 Report from Planning and Zoning Commission Chairman, Gene Hill, on review by
the Planning and Zoning Commission regarding changes to Trophy Club Zoning
Ordinance for Planned Development No. 25 (PD-25), and changes to Building
Code Ordinances, as suggested by Two (2) Hanna Ct. residents; and discussion
of same.
D.5 Discuss and take appropriate action regarding a Resolution accepting a Service
and Assessment Plan for authorized services (Emergency Services) for the Town
Of Trophy Club Public Improvement District No. 1 (The Highlands At Trophy
Club); setting a date for a public hearing; authorizing the publication of notice;
enacting other related provisions; and providing an effective date.
D.6 Discuss and take appropriate action regarding the First Modification to the
Funding and Development Agreement between the Town and Centurion
Acquisitions LP for Road and Utility Improvements to Northwest Parkway
Proposed Connector Road.
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D.7 Discuss and take appropriate action regarding an Ordinance approving the
change in the Tariffs for Atmos Energy Corporation, Mid-Tex Division, as a result
of the settlement agreement between Atmos and the Atmos Texas Municipalities;
finding the adopted rates to be just and reasonable; and providing an effective
date.
D.8 Discuss and take appropriate action regarding implementation of a "No-Knock/No
Trespass" policy or ordinance.
D.9 Discuss and take appropriate action regarding the nomination of one person to
serve on the Board of Directors of Denton County Transportation Authority.
D.10 Discuss and take appropriate action regarding a Resolution amending the
Handbook for Elected and Appointed Officials by amending the section entitled
"Applicant Requirement for Boards or Commissions" setting forth eligibility
requirements for service.
D.11 Discuss and take appropriate action regarding the calling of a Special Council
Session on Monday, September, 15, 2008 and subjects for consideration at the
meeting.
D.12 Items for Future Agenda.
D.13 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 Parks and Recreation Board Liaison, Council
member Edstrom.
E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section
551.072 "Deliberation Regarding Real Property" and Section 551.071 (1) and (2)
"Consultation with Attorney", the Council will enter into executive session to
discuss the following:
(1) Potential purchase of land at 300 Trophy Club Drive and/or additional locations
within the Town for future joint Police and Fire facility and legal advice related to
potential future sites and land acquisition.
E.2 Discuss and take appropriate action relative to Executive Session Item Number
E1.
F.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-8-2008
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
5
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-8-2008
Subject: Agenda Item No.A.2
Invocation.
Police Chief Kniffen will offer the Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-8-2008
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."
Fire Chief Thomas will lead the Pledges.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-8-2008
Subject: Agenda Item No.A.4
Presentation and volunteer recognition by Police Chief Kniffen regarding
the animal shelter and discussion of same.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-8-2008
Subject: Agenda Item No.A.5
Presentation by Danny Hodges from Oncor Delivery regarding outstanding
construction issues and discussion of same.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
9
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-8-2008
Subject: Agenda Item No.A.6
Citizen Presentations: this is an opportunity for citizens to address the
Council on any matter whether or not it is posted on the agenda. The
Council is not permitted to take action on or discuss any presentations
made to the Council at this time concerning an item not listed on the
agenda. The Council will hear presentations on specific agenda items prior
to the Council addressing those items. 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.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-8-2008
Subject: Agenda Item No.B.1
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, August 4, 2008.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmh)
Attachments: 1. Minutes dated August 4, 2008
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MINUTES OF BUDGET WORKSHOP/REGULAR TOWN COUNCIL
MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, August 4, 2008
5:30 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, August 4,
2008. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Philip Sterling Mayor Pro Tem
Susan Edstrom Council Member
Jim Moss Council Member
Kathleen Wilson Council Member
Glenn Strother Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Lisa Hennek Town Secretary
Patricia Adams Town Attorney
Danny Thomas Fire Chief
Scott Kniffen Police Chief
Adam Adams Parks & Recreation Director
Sakura Moten-Dedrick Finance Director
Stephanie Gohlke Financial Analyst
Mike Pastor Information Systems Director
Carolyn Huggins Planning and Zoning Coordinator
A.1 Mayor Sanders called the Budget Workshop Session to order at 5:45 p.m. noting a quorum
was present.
A.2 Budget Workshop Session: Review and Discuss FY08-09 Preliminary Budget.
Town Manager Emmons reported that the certified values came in significantly lower than expected.
Staff had projected values based on historical trends and built the budget based on these trends. The
effective tax rate is higher than the current actual tax rate.
The Council would like to see the supplemental list from the departments and would like a better
understanding of the proposed operating deficit in the out years.
Finance Director, Sakura Moten-Dedrick explained the certified values and the resources summary by
department.
The Council discussed tax rates.
Council took a five minute recess.
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A.3 Council member Strother gave the Invocation.
A.4 Council member Edstrom led the Pledges.
A.5 Citizen Presentations:
No citizens presented to the Council.
Council member Wilson pulled Item B.2, stating that detail for number 16) Budget Process Enhancement
of the July 17, 2008 Minutes was inaccurate. Staff will review the audio and bring back the July 17, 2008
at the next meeting.
Motion made by Edstrom; seconded by Sterling to approve the Consent Agenda, Items B.1, B.3 and B.4.
Motion carried unanimously without any discussion.
B.1 Consent Agenda: Discuss and take appropriate action regarding an amendment to Article
VI, "Town Council Rules and Procedures" of Chapter 1, "Administration," of the Code of
Ordinances, Subsection C(1) requiring a vote to extend Council meetings past 11:00 p.m.
B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, July 17,
2008.
B.3 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, July 21,
2008.
B.4 Consent Agenda: Discuss and take appropriate action to approve financials and variance
report dated:
a. June 2008.
End of Consent
PUBLIC HEARING
Council convened into Public Hearing at 7:10 p.m.
C.1 Public Hearing to Consider a Request for Replat of Lots 1-8, Block A, and Lots 1-27, Block
B, Churchill Downs Subdivision. Applicants: Todd Price, Southwest Downs, and Michelle
Brown, F&R Adams Luxury Homes, L.L.C., Owners. (RP-08-014)
No one addressed the Council.
*REGULAR SESSION
Council reconvened into Regular Session at 7:11 p.m.
D.1 Discuss and take appropriate action regarding a Request for Replat of Lots 1-8, Block A
and Lots 1-27, Block B, Churchill Downs Subdivision. Applicants: Todd (George) Price,
Southwest Downs, and Michelle Brown, Owners. (RP-08-014)
Todd Price, Owner, Southwest Downs, and Michelle Brown, Owner, F&R Adams Luxury Homes, were
present for Items C.1 and D1.
Planning and Zoning Commission, Vice Chairman Stephens advised that the Commission heard this
replat request on July 17, 2008, and recommended approval. Commissioner Sheridan made a motion
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recommending approval to the Town Council with two stipulations requested by the Commission: 1) add
a boxed note stating the purpose of the replat and the replat voids any previous plat; 2) use the current
date on the replat. The motion was seconded by Commissioner Reed and approved unanimously by the
five members present.”
Motion made by Wilson; seconded by Edstrom to approve the Request for Replat of Lots 1-8, Block A
and Lots 1-27, Block B, Churchill Downs Subdivision with recommendations noted by Commissioner
Sheridan.
Motion carried unanimously without any discussion.
D.2 Present and discuss 2008 Certified Appraisal Records and Effective/Rollback Tax Rate
Calculations.
Town Manager Emmons stated that the effective tax rate is the rate necessary to generate the same
amount of revenue on property on the rolls the prior year. The appraised values have changed so little
that the effective tax rate is going to be at a higher rate than the current tax rate. The current rate is
.43051/$100 valuation and the effective rate is .46660/$100 valuation.
D.3 Discuss and take appropriate action regarding a Resolution to approve the placement of a
proposal to adopt a 2008 Tax Rate on the September 22, 2008 Town Council Public
Meeting Agenda as an action item, and announce a Public Hearing date regarding the
adoption of the FY08-09 Budget.
Motion made by Edstrom; seconded by Moss to approve the Resolution to approve the placement of a
proposal to adopt a 2008 Tax Rate on the September 22, 2008 Town Council Public Meeting Agenda as
an action item, and announce a Public Hearing date regarding the adoption of the FY08-09 Budget.
This item is calling for the Public Hearing only, moving forward with the proposed rate and does not
obligate the Council.
Motion carried with Mayor Pro Tem Sterling and Council members Edstrom, Moss, Wilson and Strother
voting in favor.
D.4 Discuss and provide direction to staff and/or take appropriate action regarding Charter
Amendments for Election Ballot, Date for Charter Amendment Election, and the Charter
Review Commission.
Denton County Election Administrator, Don Alexander encouraged the Town Council to wait until May
2009 to conduct the Charter Amendment Election. Mr. Alexander explained that the Proposed
Amendments would push the County’s ballot over one page; therefore the Town would have to conduct a
stand alone election. The stand alone election would be costly as the ballot language will exceed one
page therefore the election will have to be paperless. To date, all of Denton County’s electronic voting
machines are 100% allocated which means the Town would conduct the election without a DAU
(Disabled Access Unit) machine and the election would be non-HAVA compliant and subject to a
Department of Justice lawsuit. Additional confusion may occur if the Town chooses to conduct a stand
alone election in November since the residents will have to vote for the General Election at a separate
location. Early voting is scheduled to take place in Roanoke and Election Day will occur at Lake Cities
Church of Christ. Trophy Club residents would be required to vote for the proposed Charter Amendments
at the MUD Building.
Charter Review Commission (CRC) Chairman Rose, 219 Inverness Drive – addressed the Council and
said that the CRC, by unanimous vote, recommends the Council delay the election until May 2009. Rose
stated that the CRC would like to continue working with the Council and staff on amendments.
Motion made by Wilson; seconded by Moss to refer to a future agenda item. Jim Moss seconded.
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Council member Wilson noted that the CRC requested to remain in business and feels the Council, CRC
and staff should continue working together for a May 2009 election. Wilson also suggested that the
Council set a number of hours for the Town Attorney to work on the Proposed Charter Amendments.
Mayor Sanders requested that Town Manager Emmons meet with Town Attorney Adams to discuss her
workload and report back to the Council.
Motion passed unanimously without further discussion.
a. Discuss and take appropriate action regarding Town Council communications with and
notification of residents regarding the Charter Amendments and Charter Amendment
Election
Mayor Sanders suggested that the process and potential amendments stay in front of the residents.
D.5 Discuss and take appropriate action regarding an Ordinance repealing Article IV entitled
"Peddlers and Solicitors,” in its entirety, of Chapter 10, entitled "Public Safety", of the
Code of Ordinances of the Town of Trophy Club, and adopting a new Ordinance
prescribing regulations for Peddlers and Solicitors operating within the Town, and discuss
and provide direction to Staff regarding the future addition of handbill regulations to the
Ordinance.
Only the red-lined Ordinance was included in the packet and this is the same version that was present at
the July 21, 2008 meeting. Council discussed the difference between time restrictions for charitable
solicitations in medians and the general time restrictions for soliciting within the Town.
Motion made by Wilson to no solicitation and no handbill sign in the ordinance. Motion died for lack of a
second.
Council requested that the application for a permit for charitable solicitations or a registration for religious
solicitations receive a permit or a registration card and requested that they receive a draft Ordinance to
review prior to the distribution of the next packet.
Motion made by Sterling to allow the no solicitation sign only for soliciting and not including handbills.
Motion died for a lack of a second.
Deandra Pugh, 2 Chimney Rock – Spoke in favor of the Ordinance including banning handbills.
This Ordinance will come back to the Council on August 18, 2008.
D.6 Discuss and take appropriate action regarding a Resolution casting the Town's vote for
one candidate to serve the DENCO Area 9-1-1 District, and providing an effective date.
Motion made by Edstrom; seconded by Strother to approve a Resolution casting the Town's vote for
Harlan Jefferson to serve the DENCO Area 9-1-1 District, and providing an effective date.
Motion carried unanimously without any discussion.
D.7 Discuss and take appropriate action regarding a Resolution authorizing the suspension of
proposed rates and the intervention in the Public Utility Commission proceeding involving
the request to increase electric rates of Oncor Electric Delivery Company.
Motion made by Edstrom; seconded by Moss to approve a Resolution authorizing the suspension of
proposed rates and the intervention in the Public Utility Commission proceeding involving the request to
increase electric rates of Oncor Electric Delivery Company.
Motion carried unanimously without any discussion.
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D.8 Discuss and take appropriate action regarding the ratification of an Agreed Termination of
the agreement for janitorial services with Member’s Building Maintenance, Ltd.,
authorizing the approval of a new, short term agreement with Exquisite Interiors for those
services, and authorizing the Mayor or his designee to execute all necessary documents.
Motion made by Edstrom; seconded by Sterling to approve the ratification of an Agreed Termination of
the agreement for janitorial services with Member’s Building Maintenance, Ltd., authorizing the approval
of a new, short term agreement with Exquisite Interiors for those services, and authorizing the Mayor or
his designee to execute all necessary documents.
Motion carried unanimously without any discussion.
D.9 Discuss and take input/appropriate action regarding an Agreement for Professional
Services between Jacobs Engineering and the Town of Trophy Club for Construction
Phase Services related to the Northwest Parkway and Parkview Realignment and Medlin
Middle School Drop-Off.
Motion made by Edstrom; seconded by Moss to approve Agreement for Professional Services between
Jacobs Engineering and the Town of Trophy Club for Construction Phase Services related to the
Northwest Parkway and Parkview Realignment and Medlin Middle School Drop-Off.
Town Manager Emmons stated that there are a couple of insignificant amendments to this Contract and
recommended that the Council approve as written, authorizing the Town Manager to enter into Contract
and bring back the changes for ratification. Emmons added that there is an urgency to have this Contract
in place by the first or second meeting of September. However, should Council feel more comfortable
there are two more meetings that this Contract could come back for approval.
Edstrom amended her motion to refer to future meeting ; second agreed.
Motion carried unanimously without any discussion.
D.10 Items for Future Agenda.
The Town Council removed Town Council to provide direction the P & Z Commission regarding Mr.
Kaler’s Ordinance ideas and requested that at least the signage for Skyline, Item 3 come back as soon as
time permits.
D.11 Reports.
(a) Town Manager Emmons gave his Report.
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION
EXECUTIVE SESSION
Council convened into Executive Session at 8:50 p.m.
E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.072
Deliberation Regarding Real Property and Section 551.071 (1) and (2) "Consultation with
Attorney", the Council will enter into executive session to discuss the following:
(1) Potential purchase of land at 300 Trophy Club Drive and/or additional locations within
the Town for future joint Police and Fire facility and legal advice related to potential future
sites and land acquisition.
(2) Legal advice relative to Charter Amendments and Charter Amendment Election.
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Council reconvened into Regular Session at 9:26 p.m.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
E.2 Discuss and take appropriate action relative to Executive Session Item Number E1.
No action taken.
F.1 Adjourn.
Motion made by Sterling; seconded by Wilson to adjourn.
Meeting adjourned at 9:27 p.m.
______________________________________ __________________________________
Lisa Hennek, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-8-2008
Subject: Agenda Item No.B.2
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, August 18, 2008.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmh)
Attachments: 1. Minutes dated August 19, 2008
18
MINUTES OF A BUDGET WORKSHOP/REGULAR TOWN COUNCIL
MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, August 18, 2008
5:30 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, August 18,
2008. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Philip Sterling Mayor Pro Tem
Susan Edstrom Council Member
Jim Moss Council Member
Kathleen Wilson Council Member
Glenn Strother Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Lisa Hennek Town Secretary
Patricia Adams Town Attorney
Danny Thomas Fire Chief
Scott Kniffen Police Chief
Sakura Moten-Dedrick Finance Director
Stephanie Gohlke Financial Analyst
A.1 Mayor Sanders called the Town Council to order at 5:41 p.m. noting a quorum was
present.
A.2 Budget Workshop Session: Review and Discuss FY08-09 Preliminary Budget.
Town Manager Emmons presented a balanced budget and explained the projected fund balances and tax
rates. The changes include: replacing and upgrading the existing Agenda Management software
program at $12,000 and increasing Elections by $5,000 to cover the proposed May 2009 Charter
Election. Emmons explained the Interest and Sinking Fund and the Effective Tax Rate stating that
Council would have some difficult future budget decisions to make should they keep the tax rate at the
current rate. One option is Council can gradually increase the rate over several years therefore
minimizing the impact to residents. Staff explained the capital and replacement schedule and the
supplemental requests. Staff stated 45% of the revenue is from property tax. If Council would decide to
raise the property tax rate for FY09, the revenue increase resulting from an increased property tax would
be set aside to build reserves to offset future budget expenses. By maintaining the current $.43051 tax
rate, the Town projects budget shortfalls in FY10 and FY11. These projected budget shortfalls do not
include any costs associated with the acquisition of land or a new police facility. Additionally, the Ways
and Means Advisory Group has looked at out years in respect to the level of services.
The Council requested the out years include the drainage study beginning in FY10 and requested to
change the name of the Police Department Needs Assessment to Architecture Engineering.
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Staff is diligently working to promote new businesses to the Town and have been told by several that in
order to sustain their business they need the population.
Council member Strother shared that he does not like the thought of raising taxes; however, considering
the demands for service and programs in addition to increased cost of goods and services, a tax rate
increase may be a solution.
Council member Wilson agreed with Strother and stated she would support a two cent increase. Wilson
asked Town Manager Emmons what his recommendation would be. Town Manager Emmons stated that
a two cent tax increase would be appropriate.
Mayor Pro Tem Sterling stated a three cent increase would allow the Town to match the effective tax rate
and stated that this budget is considerably better than the budget presented two years ago. Sterling said
Council can either cut services or boost the tax rate and agreed with an increase to support matching the
effective tax rate.
Council member Edstrom stated that the Town cannot continue borrowing against the future and needs to
re-evaluate that historical practice. Edstrom stated that there was a consensus to increase the tax rate
last year; however the ultimate decision by Council did not raise the tax rate.
Council member Moss said that the decision needs to be based on what is best for the residents and the
future of the Town, and he does not see a way around a tax rate increase.
Council took a five-minute recess.
A.3 Mayor Sanders gave the Invocation.
A.4 Matthew Brown from Boy Scout Troop 937 led the Pledges.
A.5 Citizen Presentations:
No one addressed the Council.
A.6 Bi-annual update and presentation regarding Park Board activities for the preceding six
month period and discussion of same.
The Park Board is required by ordinance to meet with Town Council bi-annually. This presentation is the
second presentation for 2008.
Park Board Vice-Chair, Steven Gregory provided updates on Harmony Park, Trophy Club Park and
Sports Association concerns. Park Board member J.D. Stotts provided updates on possible park
amenities for Northeast and Northwest and possible funding options such as: PID contributions, EDC
funding, public grants naming rights, hotel/motel and sales taxes. Town Manager Emmons provided an
update on the drainage ditch currently located at the proposed site of NW Park. Vice-Chair Gregory
concluded the presentation by listing the current park projects that are under way.
The Town Council thanked the Park Board for the presentation.
Carlyann Jacobs, 4 Biltmore Court – Asked if the Council has considered a natatorium.
No action taken.
Motion made by Wilson; seconded by Moss to approve Consent Agenda, Item B.1 with the correction of
Edstrom in favor under number 11 Clarify Appointment Procedure. Motion carried unanimously without
any discussion.
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B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, July 17,
2008.
End of Consent
PUBLIC HEARING
Council convened into Public Hearing at 8:00 p.m.
C.1 Public Hearing: Town Council to conduct a Public Hearing regarding the budget and
proposed tax rate increase for fiscal year October 1, 2008 to September 30, 2009 and
Mayor to announce the date, time and place of the vote on the tax rate.
Mayor Sanders announced that there is another public hearing scheduled for September 8, 2008. The
Town Council will be voting on the FY09 proposed tax rate on September 22, 2008, during their Regular
Session, which starts at 7:00 P.M. The meeting will be held in the Council Chambers.
Roger Williams, 215 Phoenix Drive – Feels that the Public Hearing is a sham as the only information that
has been made available regarding the proposed budget has been at the Council workshops.
*REGULAR SESSION
Council reconvened into Regular Session at 8:05 p.m.
D.1 Discuss and review the Town's FY2008-09 Proposed Budget and tax rate.
Mayor Sanders explained staff has already published the Truth in Taxation “Notice of Public Hearing for
Tax Rate Increase” announcing two public hearings, and has approved an agenda item to consider
adoption at .43051 at the September 22, 2008 meeting. Based on the workshop discussion, should
Council consider adopting a higher rate than what was originally published, the Town will republish the
Notice of Public Hearings on August 29, 2008 with a new specified rate and conduct the first public
hearing at the Regular Session on September 8, 2008 and the second public hearing in a Special
Session on September 15, 2008, leaving the vote on the tax rate and adoption of the budget on
September 22, 2008 as anticipated.
Each Council member reiterated their point regarding a tax rate increase as discussed during the budget
workshop.
Council consensus is to re-publish at .46501(effective tax rate) and schedule the two public hearings
accordingly.
Mayor Sander’s acknowledged several residents in the audience who were in attendance for Item D.4.
Noting no objections from Council, Item D.4 was moved up and discussed prior to D.2.
D.2 Discuss and take appropriate action regarding an Ordinance repealing Article IV entitled
"Peddlers and Solicitors,” in its entirety, of Chapter 10, entitled "Public Safety", of the
Code of Ordinances of the Town of Trophy Club, and adopting a new Ordinance
prescribing regulations for Peddlers and Solicitors operating within the Town.
Mayor Sanders noted the corrections in Sections 4.02.E.3 and 4.03.C.g. and Town Attorney Patricia
Adams explained these changes relate to the Council’s request for clarification of conviction and
identification.
Motion made by Edstrom; seconded by Wilson to approve an Ordinance repealing Article IV entitled
"Peddlers and Solicitors,” in its entirety, of Chapter 10, entitled "Public Safety", of the Code of Ordinances
21
of the Town of Trophy Club, and adopting a new Ordinance prescribing regulations for Peddlers and
Solicitors operating within the Town.
Council member Wilson thanked Town Attorney Patricia Adams for her work revising this document and
provided the Council with several articles relating to handbills.
Motion carried unanimously without further discussion.
D.3 Discuss and take appropriate action regarding an amendment to Chapter 3, Article XV of
the Code of Ordinances of the Town, entitled "Swimming Pools"; by amending Section
15.01 "Definitions", Section 15.02 "Applicability and Prohibited Conduct", and Section
15.04 (I) "Draining of Swimming Pools", and providing an effective date.
Town Manager Emmons gave a brief history of this Ordinance.
Donna Curtis, 315 Inverness - Questioned the concept and specifics of the Ordinance.
Ryan Chitwood,10 Overhill Drive - Spoke in favor of the Ordinance.
Lois Bowman, 11 Overhill Drive – Spoke against the Ordinance.
Frank Folger, 13 Overhill Drive – Spoke against the Ordinance.
Ruth Ellen Campell, 11 Overhill Drive – Spoke against the Ordinance.
Motion made by Edstrom; seconded by Strother to approve an amendment to Chapter 3, Article XV of
the Code of Ordinances of the Town, entitled "Swimming Pools"; and add the date of June 15, 2010
to comply with subsection 1 above or to obtain a Compliance Permit in accordance with subsection 3
below.
Council member Edstrom commented that this Ordinance first came before the Council in January,
but TCEQ provided conflicting information. Council member Edstrom and Mayor Pro Tem Sterling
both agreed that the residents have enough time to save money to implement the changes required
by ordinance.
Council member Wilson supports Mr. Chitwood’s endeavors concerning these amendments.
Council member Moss said that given the TCEQ mandates this is the direction the Town has to go.
Council member Strother said that he understands Mr. Chitwood’s concern, but would like the
Ordinance to have more flexibility regarding the pool size and placement in the yard.
Council member Edstrom asked that the Environmental Coordinator be made aware that this section
needs amended with the annual TCEQ filings.
Town Manager Emmons explained the non-compliance form and gave four retro-fitting options for
compliance.
Motion carried 4:1, with Strother opposing.
D.4 Discuss and provide input/take appropriate action regarding an Agreement for
Professional Services between Jacobs Engineering Group and the Town of Trophy Club
for Construction Phase Services related to the Northwest Parkway and Parkview
Realignment and Medlin Middle School Drop-Off.
Town Manager Emmons stated this is the final draft.
Motion made by Edstrom; seconded by Moss to approve an Agreement for Professional Services
between Jacobs Engineering Group and the Town of Trophy Club for Construction Phase Services
related to the Northwest Parkway and Parkview Realignment and Medlin Middle School Drop-Off.
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Motion carried unanimously without any discussion.
D.5 Discuss and take appropriate action regarding a resolution amending Resolution 2008-01
authorizing the creation of a Charter Review Commission.
Mayor Sanders stated that the Charter Review Commission (CRC) has completed their review and would
like to see all nineteen Proposed Amendments go on a future ballot. Mayor Sanders explained that if a
petition was received and verified, the language would go on the ballot as submitted on the petition,
regardless if the Council had already called an Election and approved ballot language. Therefore, the
ballot language regarding certain amendment could possibly contradict one another.
Mayor Pro Tem Sterling questioned the 7th Where as clause and the reference to the 19 Proposed
Amendments. Town Attorney Adams explained that the word possible amendments under Section 7
should read Proposed Amendments.
CRC Chairman Rose, Secretary Brewster and Commissioner Williams addressed the Council. Secretary
Brewster would like the number listed in the Resolution to be more general and less specific to a certain
number. Commissioner Williams understands that the Resolution states the CRC can work with the
Council on the 19 Proposed Amendments and the Council may add more if they choose.
Motion made by Edstrom; seconded by Moss to approve a Resolution amending Resolution 2008-01
authorizing the creation of a Charter Review Commission.
Motion carried unanimously without further discussion.
D.6 Items for Future Agenda.
Council member Wilson would like to discuss amending the Ordinance adopting Article IV entitled
"Peddlers and Solicitors,” of Chapter 10, entitled "Public Safety", of the Code of Ordinances of the Town
of Trophy Club, prescribing regulations for Peddlers and Solicitors operating within the Town as it relates
to handbills.
D.7 Reports.
(a) Town Manager Emmons gave his report.
(b) EDC 4B Liaison, Council member Strother gave his report.
(c) Master District Liaison, Council member Wilson gave her report.
Council convened into Executive Session at 10:24 p.m.
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION
EXECUTIVE SESSION
E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.072
Deliberation Regarding Real Property and Section 551.071 (1) and (2) "Consultation with
Attorney", the Council will enter into executive session to discuss the following:
(1) Potential purchase of land at 300 Trophy Club Drive and/or additional locations within
the Town for future joint Police and Fire facility and legal advice related to potential future
sites and land acquisition.
Council reconvened into Regular Session at 10:32 p.m.
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TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
E.2 Discuss and take appropriate action relative to Executive Session Item Number E1.
No action taken.
F.1 Adjourn.
Motion made by Wilson seconded by Sterling to adjourn.
Motion carried unanimously. Meeting adjourned at 10:32 p.m.
__________________________________ __________________________________
Lisa Hennek, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-8-2008
Subject: Agenda Item No.B.3
Consent Agenda: Discuss and take appropriate action to approve
financials and variance report dated:
a. July 2008.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Variance Report (July 08)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-8-2008
Subject: Agenda Item No.B.4
Consent Agenda: Discuss and take appropriate action regarding an
Interlocal Agreement for Participation in Fort Worth's Environmental
Collection Center Household Hazardous Waste Program, designating the
Assistant Town Manager as the Household Hazardous Waste Collection
Coordinator and designating the Town Manager as the alternate.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Information Memorandum
2. Interlocal Agreement
26
27
INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a home-rule
municipal corporation situated in Tarrant, Denton and Wise Counties, Texas, hereinafter called
"Fort Worth," acting herein by and through Charles W. Daniels, its duly authorized Assistant City
Manager, and Town of Trophy Club, a municipality situated in Denton and Tarrant County,
Texas, hereinafter called "Participating City," acting herein by and through Nick Sanders, its
duly authorized Mayor.
WITNESSETH
WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of interlocal
cooperation agreements between and among local governments; and
WHEREAS, Texas Government Code, §791.011 provides that a local government may contract
with another to perform governmental functions and services, and §791.003(3)(H) defines waste
disposal as a governmental function and service; and
WHEREAS, Texas Government Code, §791.025 provides that a local government may agree
with another local government to purchase services; and
WHEREAS, Fort Worth and Participating City desire to enter into an interlocal agreement
whereby Fort Worth will purchase the services of a waste disposal/recycling firm or firms and
will administer a household hazardous waste collection program; and
WHEREAS, Fort Worth and Participating City mutually desire to be subject to the provisions of
Texas Government Code, Chapter 791, also known as the Interlocal Cooperation Act.
NOW THEREFORE, it is agreed as follows:
1.
DEFINITIONS
A. Unless a provision in this Agreement explicitly states otherwise, the following terms and
phrases, as used in this Agreement, shall have the meanings hereinafter designated.
Act of God means an act occasioned by the direct, immediate, and exclusive operation
of the forces of nature, uncontrolled or uninfluenced by the power of humans and without
human intervention.
Bill of Lading lists the contents of the mobile collection unit.
Environmental Collection Center (ECC) means the City of Fort Worth Department of
Environmental Management facility located at 6400 Bridge Street, Fort Worth, Texas,
which is to be used by Fort Worth for the aggregation of household hazardous wastes
that have been brought to the facility by participating cities' households for subsequent
recycling, disposal, and/or reuse.
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Environmental damages means all claims, judgments, damages, losses, penalties, fines,
liabilities (including strict liability), encumbrances, liens, costs, and expenses of
investigation and defense of any claim, whether or not such claim is ultimately defeated,
and of any good faith settlement or judgment, of whatever kind or nature, contingent or
otherwise, matured or unmatured, foreseeable or unforeseeable, including without
limitation reasonable attorney's fees and disbursements and consultant's fees, any of
which are incurred subsequent to the execution of this Agreement as a result of the
handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse
of waste pursuant to this Agreement, or the existence of a violation of environmental
requirements pertaining to same, and including without limitation:
(a) Damages for personal injury and death, or injury to property or natural resources;
(b) Fees incurred for the services of attorneys, consultants, contractors, experts,
laboratories and all other costs incurred in connection with the investigation or
remediation of such wastes or violation of environmental requirements including, but
not limited to, the preparation of any feasibility studies or reports or the performance
of any cleanup, remediation, removal, response, abatement, containment, closure,
restoration or monitoring work required by any federal, state or local governmental
agency or political subdivision, or otherwise expended in connection with the
existence of such wastes or violations of environmental requirements, and including
without limitation any attorney's fees, costs and expenses incurred in enforcing this
Agreement or collecting any sums due hereunder; and
(c) Liability to any third person or governmental agency to indemnify such person or
agency for costs expended in connection with the items referenced in subparagraph
(b) herein.
Environmental requirements means all applicable present and future statutes,
regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans,
authorizations, concessions, franchises, and similar items, of all governmental agencies,
departments, commissions, boards, bureaus, or instrumentalities of the United States,
states, and political subdivisions thereof and all applicable judicial, administrative, and
regulatory decrees, judgments, and orders relating to the protection of human health or
the environment, including without limitation:
(a) All requirements, including but not limited to those pertaining to reporting, licensing,
permitting, investigation, and remediation of emissions, discharges, releases, or
threatened releases of hazardous materials, pollutants, contaminants, or hazardous
or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature,
into the air, surface water, groundwater, stormwater, or land, or relating to the
manufacture, processing, distribution, use, treatment, storage, disposal, transport, or
handling of pollutants, contaminants, or hazardous or toxic substances, materials, or
wastes, whether solid, liquid, or gaseous in nature; and
(b) All requirements pertaining to the protection of the health and safety of employees or
the public.
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Force majeure means decrees of or restraints by a governmental instrumentality, acts of
God, work stoppages due to labor disputes or strikes, failure of Fort Worth’s
contractor(s) to perform pursuant to their agreements with Fort Worth for the conduct of
the collection of household hazardous waste, fires, explosions, epidemics, riots, war,
rebellion, and sabotage.
Household hazardous waste (HHW) means any solid waste generated in a household by
a consumer which, except for the exclusion provided for in 40 CFR § 261.4(b)(1), would
be classified as a hazardous waste under 40 CFR Part 261.
Manifest means the uniform hazardous waste manifest form(s) furnished by the TCEQ to
accompany shipments of municipal hazardous waste or Class 1 industrial solid waste for
waste transported to a site in Texas, or the comparable manifest of the receiving state if
the waste is transported out of Texas.
Mobile collection event means a household hazardous waste collection event by
Participating City utilizing a mobile collection unit.
Fort Worth Mobile Collection Unit (MCU) means a non-self-propelled vehicle used for the
periodic collection of household hazardous waste by Participating City, off-site of the
ECC, which is transported to the ECC to dispose of the household hazardous waste
collected at the mobile collection event. The Fort Worth Mobile Collection Unit is
designed to hold the hazardous waste of approximately 50 to 75 households.
Participating Cities, when used in the plural, means Fort Worth, Participating City, and all
other entities which have entered into interlocal agreements with Fort Worth for the ECC
household hazardous waste collection program.
Person means an individual, corporation, organization, government, or governmental
subdivision or agency, business trust, partnership, association, or any other legal entity.
Waste has the same meaning as "solid waste" as that term is defined in Texas Health
and Safety Code §361.003, and including hazardous substances.
B. Unless a provision in this Agreement explicitly states otherwise, the following
abbreviations, as used in this Agreement, shall have the meanings hereinafter
designated.
CERCLA - Comprehensive Environmental Response, Compensation, and Liability Act.
CPR - cardiopulmonary resuscitation.
DOT - United States Department of Transportation.
ECC - Environmental Collection Center.
EPA - United States Environmental Protection Agency.
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HAZCAT - hazardous categorization.
HAZWOPER - hazardous waste operations and emergency response.
HM - hazardous materials.
HHW - household hazardous waste.
MCU - Mobile Collection Unit.
2.
PURPOSE
The purpose of this interlocal agreement (hereafter "Agreement") is the provision of services by
Fort Worth to Participating City whereby, subject to the terms and conditions specified below,
Fort Worth will administer and supervise a regional household hazardous waste collection
program, which will be available to households within Participating City as described herein.
3.
TERM
This Agreement shall be effective from the date the last party has signed this agreement
through September 30, 2009.
4.
SERVICES OF FORT WORTH
Fort Worth agrees to perform the following services for Participating City in connection with the
ECC household hazardous waste collection program:
A. Fort Worth will administer a regional household hazardous waste collection program.
This program will include the operation of the Environmental Collection Center, which
will accept for disposal and/or recycling household hazardous waste from households
located within Participating City. Fort Worth shall not accept compressed flammable gas
containers; radioactive materials; explosives or potentially shock sensitive materials;
biological, etiologic, and infectious materials; wastes from businesses; and any other
wastes that Fort Worth has determined are unacceptable.
B. Fort Worth will employ or retain personnel to provide the services necessary to perform
Fort Worth's obligations in this Agreement.
C. Fort Worth will enter into a contract(s) with waste disposal/recycling firm(s) for the
handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse
of household hazardous waste, which is collected at the ECC.
D. Fort Worth will, if requested in writing by Participating City, provide Participating City with
copies of waste manifests for shipments of waste from the ECC.
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E. Fort Worth will, if requested in writing by Participating City, provide Participating City a
monthly report of the Participating City's households who disposed of household
hazardous waste at the Environmental Collection Center or a Mobile Collection Event.
F. Fort Worth will issue a report and a bill at the end of each quarter detailing the number of
Participating City's households that disposed of household hazardous waste at the
Environmental Collection Center or at a mobile collection event in an amount not to
exceed EIGHT THOUSAND DOLLARS AND N0/100 DOLLARS ($8,000.00)
ANNUALLY.
G. Fort Worth will act under this Agreement in accordance with all applicable state and
federal laws.
H. Non-Fort Worth Mobile Collection Unit
1. Fort Worth agrees to accept household hazardous waste from Participating City's
MCU in accordance with Section 5, of this Agreement.
2. Fort Worth agrees to restock the items it removes from Participating City's MCU,
however, Fort Worth shall only restock items listed in Exhibit "A", attached and
incorporated herein as if set forth.
I. Mobile Collection Events –Using Fort Worth's Unit
1. Participating City may schedule one mobile collection event each contract year. If
Participating City would like to schedule a mobile collection event with the Fort
Worth Mobile Collection Unit, the Participating City shall contact the ECC as
soon as possible for a list of available dates. The time and location shall be
agreeable to both parties.
(a) Location
If Participating City chooses to hold the Mobile Collection Event on private
property, Participating City shall obtain a signed waiver from the owner of
the property one (1) week prior to the event. The waiver shall be in the
form of Exhibit B or similar form approved by Fort Worth. The signed
waiver must be sent to Fort Worth one (1) week before the Mobile
Collection Event. If the signed waiver is not sent to Fort Worth one (1)
week before the Mobile Collection Event, Fort Worth will not send the Fort
Worth Mobile Collection Unit to the event and Participating City will, in no
event, be entitled to any damages of recovery of any costs, except as
provided herein.
(b) Available Dates
Participating City acknowledges that Fort Worth contracts with other
municipalities and that Fort Worth will be accommodating each
Participating City's request on a first-come, first-served basis. Therefore,
Participating City acknowledges that its chosen date to schedule a mobile
collection event may be reserved by another City and Participating City
will have to then choose another date. Participating City will, in no event,
be entitled to any damages or recovery of any costs, except as provided
herein.
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2. At the Mobile Collection Event, Participating City acknowledges and agrees that
Fort Worth shall accept household hazardous waste from the first 50 households
that show proof of residency at the Mobile Collection Event. After the first 50
households, Fort Worth will determine in its sole discretion how much more
waste it can accept and store properly. If more households arrive at the event
than Fort Worth can accept, Participating City will in no event be entitled to any
damage of recovery of any costs, except as provided herein.
3. Due to the lack of storage space at the ECC, Participating City acknowledges
and agrees that if it requests the Fort Worth Mobile Collection Unit at a mobile
collection event, a Participating City's Non-Fort Worth Mobile Collection Unit shall
not also be at the event.
4. Participating City, in its sole discretion, will determine whether to send the Fort
Worth Mobile Collection Unit to Participating City's Collection Event during
adverse weather or the threat of adverse weather including but not limited to
sleet, snow, rain, mist or hail. In the event Fort Worth determines not to send the
Fort Worth Mobile Collection Unit, Fort Worth shall notify persons listed in
Section 5, Paragraph A and shall send a Fort Worth employee to the
Participating City's event to tell any residents that come to dispose of household
hazardous waste; 1) that the Fort Worth Mobile Collection Unit will not be coming
to the event, and, 2) that the resident can go to the ECC to dispose of the waste
and provide a map to the ECC.
J. Loan of the Special Mobile Collection Unit
1. Participating City may request the loan of Fort Worth’s Special Mobile Collection
Unit, which is a specially designed and equipped thirty-six foot (36’) gooseneck
box-trailer and one (1) ton pickup, free of charge, for use in a Household
Hazardous Waste Collection Event when available. Participating City may use
the Special Mobile Collection Unit to transport HHW to Fort Worth’s ECC or
another collection center which may lawfully receive HHW. Participating City
shall provide Fort Worth with a written request, facsimile or e-mail at least thirty
(30) days prior to the HHW collection Event for which the request is made. Fort
Worth shall have sole determination whether the Special Mobile Collection Unit is
available for use by Participating City and shall notify Participating City as soon
as is reasonably practicable of such decision. Fort Worth shall not participate nor
be responsible for any part of the Participating City’s HHW Collection Event
unless and except by written mutual agreement.
2. The Special Mobile Collection Unit shall be in good working condition and Fort
Worth shall disclose any known problems the Special Mobile Collection Unit may
have in performing the tasks necessary for the HHW Collection Event. Prior to
issuance of the Special Mobile Collection Unit, a pre-trip inspection for potential
maintenance problems will be performed by Fort Worth. Also, both parties will
complete a pre-aesthetic assessment. Participating City shall be responsible for
all certifications, and insurance necessary for the proper operation of the Special
Mobile Collection Unit.
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3. Participating City agrees to maintain and return the Special Mobile Collection
Unit in as good condition as it was in when Participating City took possession for
use. Participating City shall return the Special Mobile Collection Unit to Fort
Worth in a timely manner and as mutually agreed upon.
4. Participating City shall be responsible for all work-related property damage,
personal injury or death caused by Participating City’s employees or volunteers
and arising out of the use of the Special Mobile Collection Unit during the term of
this Agreement.
5. It is expressly understood and agreed that, in the execution of this Agreement,
neither of the parties waives, nor shall be deemed hereby to waive, any immunity
or defense that would otherwise be available to it against clams arising in the
exercise of governmental powers and functions. By entering into this Agreement,
the parties do not intend to create any obligations; expressed or implied, other
than those set forth herein and this Agreement shall not create any rights in
parties not signatories hereto.
5.
DUTIES OF PARTICIPATING CITY
Participating City agrees to perform the following duties in connection with the household
hazardous waste collection program:
A. Participating City will designate one of its employees, and another as an alternate, to act
as its household hazardous waste collection coordinator to interact with Fort Worth.
Designated person is: Stephen Seidel, telephone number: 682.831-4606.
Pager number or 24-hour number where he can be reached: 817-538-1067.
Alternate person is: Brandon Emmons, telephone number: 682-831-4607.
Pager number or 24-hour number where he can be reached: 817-538-1708.
B. Participating City will coordinate and fund all program advertising targeted to its own
citizens, as it deems necessary. Such advertising shall include the type of wastes that
will be accepted at the ECC, the requirement of proof of residency and weather
cancellation information.
C. Participating City shall notify its residents of the ECC hours of operation and dates it is
closed as provided in Section 9 "The Environmental Collection Center Hours of
Operation."
D. Participating City may choose to utilize a voucher system for its residents in order for
them to bring HHW to the ECC. If Participating City chooses to use such a system, it
shall notify Fort Worth of the decision, and shall provide Fort Worth with a copy of the
official voucher. In addition, if a citizen from a Participating City that utilizes a voucher
system comes to the ECC or a mobile collection event without a voucher,
34
Participating City acknowledges and agrees that Fort Worth will not accept the
household hazardous waste until Participating City authorizes the acceptance in writing.
E. Participating City may submit a written request for a monthly report listing the number of
its city's households that have disposed of household hazardous waste at the ECC or a
mobile collection event.
F. Participating City shall provide traffic control and signage for the mobile collection
events, and shall provide personnel to assist Fort Worth with the survey and screening
of persons dropping off household hazardous waste. The parties prior to the event shall
agree upon the details of the traffic control, signage, and personnel assistance.
G. Participating City's Mobile Collection Units Collecting Household Hazardous Waste
1. Participating City shall advise the ECC program manager at least 72 hours in
advance of its mobile collection events. Participating City shall collect only HHW
during a mobile collection event. Wastes from commercial, agricultural, and
industrial sources shall not be accepted. Participating City shall not accept
compressed flammable gas containers; radioactive materials; explosives or
potentially shock sensitive materials; biological, etiologic, and infectious
materials; and any other wastes that Fort Worth has determined are
unacceptable.
2. In accordance with the latest DOT requirements, Participating City's MCU
operators will properly categorize, package, mark, label, and load into the MCU,
all wastes received at the mobile collection event. Recyclable products (used oil,
used oil filters, latex paint, recyclable anti-freeze, lead-acid batteries, and
fluorescent lights) will be segregated into containers for recyclables.
3. After accepting wastes, Participating City's MCU operators shall thoroughly
check each container for proper labeling and identification. If a container is
properly identified, the material will be segregated according to hazard class and
prepared for packaging. If a container does not have adequate labeling to permit
identification, the MCU operators shall then attempt to identify the material from
its physical characteristics using HAZCAT analysis and from information provided
by the household presenting the waste.
4. The Participating City's MCU operators shall package all hazardous materials in
accordance with United States Department of Transportation (DOT)
requirements, United States Environmental Protection Agency (EPA)
requirements, and all other applicable federal and state requirements. After all
the wastes have been properly identified and segregated, the MCU operators will
reexamine the wastes for compatibility, list them on the container content sheets,
and pack them into drums. Oil-based paints and latex paints shall be bulked
separately in 55-gallon drums, or if the paint is left in its container, the paint can
be packed in a lined cubic yard box, and packed and labeled according to federal
and state regulations. Participating City shall not transport waste that is not HHW
to the ECC. Participating City agrees to make its own arrangements to dispose of
any non-HHW waste collected at the event.
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5. Prior to transporting the HHW from the collection event sites, Participating City's
MCU operators shall complete a Bill of Lading, and shall keep the Bill of Lading
in the cab of the truck hauling the MCU during transportation of the HHW to the
ECC. Participating City shall require that a minimum of one copy of the latest
North American Emergency Response Guidebook be kept within the cab of the
truck.
6. During transportation, Participating City's MCU operators shall placard the MCU
for transportation of hazardous waste in accordance with federal and state law.
7. Upon the return of the MCU to the ECC, Participating City's MCU operators shall
follow the instructions of Fort Worth regarding the placement of the MCU for
unloading. Fort Worth shall take possession of the MCU from Participating City
after the MCU has been properly parked for unloading in accordance with Fort
Worth's instructions and all required documents have been delivered to the ECC
program manager or his designee at the ECC. Fort Worth shall, within a
reasonable amount of time, unload the HHW from the non-Fort Worth MCU and
store the HHW at the ECC.
8. If Fort Worth, in its sole discretion, determines that Participating City's MCU
operators improperly packaged any of the HHW delivered to the ECC, Fort Worth
shall repackage such waste, and Participating City shall reimburse Fort Worth as
set forth in Section 10., Paragraph B.
9. If a spill occurs at the ECC while the MCU is still in Participating City's
possession, Fort Worth shall take control of the spill response and Participating
City will reimburse Fort Worth for its response costs as set forth in Section 10,
Paragraph C.
6.
USE OF WASTE DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE
A. Fort Worth will enter into a contract(s) with waste disposal/recycling firm(s) for the
handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse
of household hazardous waste, which is collected at the ECC.
B. Such firm(s) shall be required pursuant to the contract(s) to assume generator status for
the waste collected, (excluding used oil, lead-acid batteries and antifreeze) to choose a
disposal site for the waste subject to Fort Worth's approval, and to indemnify Fort Worth
and participating cities against any and all environmental damages and the violation of
any and all environmental requirements resulting from the handling, collection,
transportation, storage, disposal, treatment, recovery, and/or recycling of waste collected
pursuant to this agreement, when said environmental damages or the violation of said
environmental requirements was the result of any act or omission of contractor, its
officers, agents, employees, or subcontractors, or the joint act or omission of contractor,
its officers, agents, employees, or subcontractors and any other person or entity.
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C. THE PARTIES RECOGNIZE THAT ALTHOUGH THE FIRM(S) WILL BE REQUIRED
TO ASSUME GENERATOR STATUS, THIS ASSUMPTION WILL NOT RELIEVE
PARTICIPATING CITY OF LIABILITY FOR THE WASTE UNDER FEDERAL LAW
AND STATE LAW. Fort Worth will arrange for recycling vendors for used oil, batteries,
antifreeze, and other materials, as it deems appropriate.
7.
REUSE OF COLLECTED MATERIALS
A. From time-to-time, Fort Worth will make available to residents and businesses of Fort
Worth, as well as, Participating City and residents and businesses of Participating City
for their use, collected household hazardous waste materials that are suitable for reuse,
such as paint, fertilizer, motor oil, and antifreeze. Fort Worth shall not charge for any
materials that are picked up for reuse.
B. Some materials made available for reuse may have been consolidated and filtered by
Fort Worth prior to being made available. Used antifreeze will have been consolidated in
a barrel, filtered, and pH balanced, and new antifreeze may have been added to the
barrel.
C. In regards to materials accepted by Participating City, FORT WORTH MAKES NO
REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT:
1. the container contents are what the label indicates;
2. the container contents are those originally placed into the container by the
manufacturer;
3. the product is of the quality intended for its use;
4. the contents of the container have been stored properly;
5. the instructions on the container label for use, storage, and first aid are current or
correct;
6. the container is in unimpaired condition;
7. the product is still approved for use (i.e., it has not been banned or recalled); and
8. the product can be used without risk to persons, property or the environment.
FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE
SPECIFICALLY DENIED.
D. Participating City shall contact the ECC program manager to arrange a pickup time to
obtain materials. Participating City agrees that it shall not return to Fort Worth, directly or
indirectly, any materials it obtains from Fort Worth under this paragraph.
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E. IN REGARDS TO MATERIALS ACCEPTED BY PARTICIPATING CITY,
PARTICIPATING CITY DOES HEREBY WAIVE ALL CLAIMS, INCLUDING
PRODUCTS LIABILITY CLAIMS, AND RELEASES, AND HOLDS HARMLESS THE
CITY OF FORT WORTH, AND ALL OF ITS OFFICIALS, OFFICERS, EMPLOYEES,
AGENTS, AND VOLUNTEERS, IN BOTH THEIR PUBLIC AND PRIVATE
CAPACITIES, FROM ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS,
EXPENSES OF LITIGATION, OR CAUSES OF ACTION WHICH MAY ARISE BY
REASON OF INJURY TO PERSONS, LOSS OF PROPERTY, DAMAGE TO
PROPERTY, OR LOSS OF USE OF ANY PROPERTY, OCCASIONED BY THE
TRANSPORTATION, STORAGE, HANDLING, USE, AND DISPOSAL BY
PARTICIPATING CITY OF ANY MATERIALS ACCEPTED BY PARTICIPATING CITY
UNDER THIS AGREEMENT FROM FORT WORTH.
F. In regards to materials accepted by residents or businesses of Participating Cities,
FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES
THAT:
1. the container contents are what the label indicates;
2. the container contents are those originally placed into the container by the
manufacturer;
3. the product is of the quality intended for its use;
4. the contents of the container have been stored properly;
5. the instructions on the container label for use, storage, and first aid are current or
correct;
6. the container is in unimpaired condition;
7. the product is still approved for use (i.e., it has not been banned or recalled); and
8. the product can be used without risk to persons, property or the environment.
FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE
SPECIFICALLY DENIED.
G. Participating City shall attempt to inform its residents and businesses that if they go to
the Environmental Collection Center to pick up household hazardous waste for reuse, a
release of liability must be signed to accept the household hazardous waste for reuse.
8.
RIGHT TO REFUSE WASTE
Participating City agrees that Fort Worth shall have the right to refuse to accept waste at the
ECC from Participating City's resident and to eject such individual from the premises of the
ECC, if in the reasonable judgment of Fort Worth:
38
A. The waste is not household hazardous waste;
B. The waste fails to meet other established criteria established by this Agreement, or that
have been established by Fort Worth subsequent to the execution of the Agreement;
C. The individual does not have sufficient identification to establish that he/she is in fact a
resident of Participating City;
D. Participating City has implemented a voucher system for its residents to dispose of
waste, and the individual does not have a valid voucher; or
E. The waste or the individual presents a hazard to the ECC or to persons or property at
the ECC.
9.
ENVIRONMENTAL COLLECTION CENTER HOURS AND DAYS
OF OPERATION
A. Hours of Operation
During the term of the Agreement, the ECC's hours of operation are as follows:
Thursday and Friday from 11:00 a.m. to 7:00 p.m.
Saturday from 9:00 a.m. to 3:00 p.m.
B. Days the Environmental Collection Center will be closed
During the term of the Agreement, the ECC will be closed on the following days:
Thanksgiving Holiday, November 27-28, 2008
Christmas Holiday, December 25, 2008
New Year’s Eve, January 1, 2009
M.L.K. Day January 19, 2009
Memorial Day, May 25, 2009
Independence Day, July 4, 2009
Labor Day, September 7, 2009
C. Notifying Residents
Participating City agrees to notify its residents of the ECC's hours of operation and dates it will
be closed. Participating City may advertise the 24-hour Environmental Collection Center
telephone number to give its residents the Environmental Collection Center's hours. The
number is: (817) 871-5257.
10.
COMPENSATION
As fair compensation for the services provided by Fort Worth pursuant to this Agreement:
39
A. Participating City agrees to pay Fort Worth the sum of $47.00 per household per visit to
the ECC or per household for participation in a Mobile Collection Event to dispose of
household hazardous waste.
B. If Fort Worth determines that Participating City's MCU operators improperly packaged
any of the HHW delivered to the ECC, Fort Worth shall repackage such waste, and
Participating City shall reimburse Fort Worth for it staff time at $20.00 an hour and the
cost of supplies.
C. If a spill occurs at the ECC while the non-Fort Worth MCU is still in Participating City's
possession, Fort Worth shall take control of the spill response and Participating City will
reimburse Fort Worth for its response costs of $60.00 per hour staff time and the cost of
supplies.
D. The amount due to Fort Worth for services provided under this Section, Paragraphs A,
B, and C, shall be billed to Participating City quarterly in an amount not to exceed EIGHT
THOUSAND AND NO/100 DOLLARS ($8,000.00) ANNUALLY. Participating City shall
pay Fort Worth within 30 days of receiving a bill from Fort Worth. If Fort Worth does not
receive payment within 30 days, Fort Worth shall inform Participating City in writing that
it will not accept any household hazardous waste from Participating City's residents and
that Fort Worth will not participate in a mobile collection event or provide a mobile
collection unit until paid.
E. At the end of the term of this Agreement, Fort Worth shall provide a final accounting to
Participating City, which will include the total number of Participating City's households,
which participated in the program, repackaging fees, if any, and the total cost of spill
response charged to Participating City, if any.
F. Pursuant to the requirements of Government Code §791.011 (a)(3), the amount due to
Fort Worth under Subparagraph D. above shall be paid from revenues currently
available to Participating City in the present fiscal year.
11.
ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIONAL MATERIALS
LICENSE AGREEMENT
Fort Worth is the owner of "Captain Crud" and the Cruddies ("Bloomer," "Otto," "Pestie,
"Scrub," and "Van Goo") "Conquer Your Crud," and the recycling buddies (“Scrappy”,
“Juggles”, and “Cana Nana”) “Conquer Your Crud” and "Crud Cruiser", and therefore all
ownership rights belong to Fort Worth. Fort Worth has registered these marks as service marks
with the Secretary of State.
A. Fort Worth hereby grants to Participating City a non-transferable, non-exclusive license
to use all the artwork and promotional materials that may be provided by Fort Worth to
be used solely in the conduct of the business of Participating City's disposal and
recycling of household hazardous waste programs. If Participating City wishes to use to
Licensed Art and/or Promotional Materials in other limited situations, Participating City
must first obtain express written consent from Fort Worth.
40
B. Fort Worth may provide licensed Artwork and Promotional Materials to Participating City
pursuant to the terms of this Agreement. Participating City acknowledges that by virtue
of this License, Participating City acquires only the right to use the original and permitted
duplicate copies of the Licensed Artwork and Promotional Materials and does not
acquire any rights of ownership in the Licensed Artwork and Promotional Materials,
which rights shall remain exclusively with Fort Worth. If Participating City wants to modify
or change the artwork and/or promotional materials in any manner, Participating City
hereby agrees to contact Fort Worth in writing to obtain written consent before modifying
or changing any artwork and/or promotional materials.
C. If Participating City desires an actor to portray "Captain Crud" for an event, Participating
City shall use actors approved by Fort Worth to portray "Captain Crud" since "Captain
Crud" is owned by Fort Worth. Participating City shall be solely responsible for
compensating actor for the services provided to Participating City. Participating City will
contact Fort Worth as soon as possible with the date and time of the event agreeable to
both parties to obtain approval for the chosen actor and to request and pickup the
"Captain Crud" costume for its events. Fort Worth will provide the "Captain Crud"
costume. However, Participating City agrees to be liable to Fort Worth for any damage to
the costume or if Participating City fails to return the entire costume to Fort Worth or if
the costume is not returned in the same condition as received.
12.
IMMUNITY
It is expressly understood and agreed that, in the execution of this Agreement, none of
the participating cities waives, nor shall be hereby deemed to waive, any immunity or
defense that would otherwise be available to it against claims arising in the exercise of
governmental powers and functions, and that the services described in this Agreement
are a governmental function.
13.
FORCE MAJEURE
A delay or failure of Fort Worth to perform services pursuant to this Agreement shall be
excused to the extent that the delay or failure to perform resulted from a force majeure
event, and the delay or failure was beyond the control of Fort Worth and not due to its
fault or negligence. Participating City shall not have, and hereby waives, any claim
whatever for any damages resulting from delays or failure to perform caused by a force
majeure event.
14.
TERMINATION
The parties shall each have the right to terminate the Agreement for any reason, with or without
cause, upon thirty (30) days written notice to the other party. Upon termination, the parties shall
be released from all contractual obligations to the other party excluding "USE OF WASTE
DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE" (Paragraph 6)
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"REUSE OF COLLECTED MATERIALS" (Paragraph 7) and "ARTWORK, "CAPTAIN CRUD
AND THE CRUDDIES," AND PROMOTIONAL MATERIALS LICENSE AGREEMENT
(Paragraph 11).
15.
NOTICE
Any notices required to be given under this Agreement shall be delivered as follows:
If to Fort Worth:
Brian Boerner, CHMM, Director
Department of Environmental Management
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
If to Participating City:
Brandon Emmons, Town Manager
Town of Trophy Club, Texas
100 Municipal Drive
Trophy Club, Texas 76262
Facsimile: 817.491.9312
16.
ENTIRETY
This Agreement contains all commitments and Agreements of the parties hereto, and no other
oral or written commitments shall have any force or effect if not contained herein, except that
this Agreement can be amended or modified by the parties if such amendment or modification is
in writing and signed by Participating City and Fort Worth.
17.
SEVERABILITY
In the event anyone or more of the provisions contained in this Agreement shall for any reason
be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision thereof and this Agreement shall be
construed as if such invalid, illegal, or unenforceable provisions had never been contained
herein.
18.
VENUE
Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of
this Agreement; venue for said action shall be in Tarrant County, Texas.
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19.
AUTHORITY
This Agreement is made for Fort Worth and Participating City as an Interlocal Agreement,
pursuant to Texas Government Code, Chapter 791.
20.
AUTHORIZATION
The undersigned officers and/or agents of the parties hereto are properly authorized officials
and have the necessary authority to execute this Agreement on behalf of the parties hereto, and
each party hereby certifies to the other that any necessary resolutions extending such authority
have been duly passed and are now in full force and effect.
EXECUTED IN TRIPLICATE
CITY OF FORT WORTH TOWN OF TROPHY CLUB
By: By:
_____________________________ _____________________________
Charles W. Daniels Nick Sanders
Assistant City Manager Mayor of Trophy Club, Texas
Date: Date:
APPROVED AS TO FORM: APPROVED AS TO FORM:
_____________________________ _____________________________
Assistant City Attorney Town Attorney, Trophy Club, Texas
ATTEST: ATTEST:
_____________________________ _____________________________
Marty Hendrix Lisa Hennek, Trophy Club, Texas
City Secretary Town Secretary
____________________________
Contract authorization
____________________________
Date
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Exhibit "A"
RESTOCKING LIST FOR THE MOBILE COLLECTION UNIT
Material Amount restocked Special Needs Remarks
55-gallon open top
drums (open top for
loose packs)
Amount taken off the
trailer
55-gallon drums
(closed top) (Oil,
antifreeze, bulk
flammable materials
and one extra)
Amount taken off the
trailer
Fiber drums (55- or
30-gallon) Aerosols,
acids, bases and
oxidizers)
Amount taken off the
trailer
Gaylord box liners
(plastic)
Amount taken off the
trailer
55-gallon drum liners
Amount taken off the
trailer
5-gallon buckets
(filters/haz chemicals)
Amount taken off the
trailer
Survey Forms
Amount taken off the
trailer
Labels/drum placard
Amount taken off the
trailer
Gaylord boxes
Amount taken off the
trailer
Absorbent pads
Amount taken off the
trailer
Vermiculite
Amount taken off the
trailer
Oil dry
Amount taken off the
trailer
Promotional Materials
& Brochures Amount needed
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Exhibit "B"
WAIVER AND RELEASE OF LIABILITY FOR COLLECTION OF HOUSEHOLD
HAZARDOUS WASTE
I being the owner of property located at ______________________________________
have been asked by the Town of Trophy Club to allow a mobile collection event on my property
to collect household hazardous waste on the ________________, 200__.
I hereby give my permission to the Town of Trophy Club and the City of Fort Worth to hold a
household hazardous waste collection event on my property in which the Town of Trophy Club
has asked the City of Fort Worth to send its mobile collection unit to collect the household
hazardous waste that is brought to the event.
Therefore, I hereby RELEASE, DISCHARGE, HOLD HARMLESS, INDEMNIFY the City of Fort
Worth or its officers, agents, and employees and the Town of Trophy Club and its officers,
agents, and/or employees for any and all claims, demands, liability, causes of action, actions or
suits of any character that I may have against the City of Fort Worth or its officers, agents,
and/or employees and the Town of Trophy Club or its officers, agents, and/or employees for any
property loss or damage, for any and all personal injury including death or any other damage of
any kind or character which may arises or that arises from allowing the Town of Trophy Club to
hold a household hazardous waste collection event, in which the City of Fort Worth sends its
mobile collection unit on my property.
I have read this Waiver and Release and fully understand its terms and conditions. I have not
been influenced in any extent whatsoever by any representation or statements not contained in
this Agreement.
_________________________________ ______________________________
Signature Date
________________________________ ______________________________
Witness Witness
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-8-2008
Subject: Agenda Item No.C.1
Public Hearing: Town Council to conduct 1st Public Hearing regarding the
budget and proposed tax rate increase for fiscal year October 1, 2008 to
September 30, 2009 and Mayor to announce the date, time and place of the
vote on the tax rate.
EXPLANATION:
The Mayor is required to announce the date, time and place of the vote on the tax rate
and this announcement must be made during the public hearing on the tax rate.
Suggested wording for announcement, “The Town Council will be voting on the 2008-09
tax rate on September 22, 2008, during their Regular Session, which starts at 7:00 P.M.
The meeting will be held here in the Council Chambers.”
RECOMMENDATION:
ACTION BY COUNCIL:
(smd)
Attachments: None
46
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-8-2008
Subject: Agenda Item No.C.2
Public Hearing regarding an Amendment to Planned Development No. 25
(PD-25), Ordinance 2006-39, Exhibit 5.6 "Sign Criteria" for Value Place Hotel
located at 306 Trophy Branch, Trophy Club, Texas.
HISTORY: On October 2, 2006, the Town Council approved Ordinance 2006-39 which
amended Ordinance 2002-41 P&Z, known as PD Planned Development District No. 25,
Trophy Wood Business Center, by adding Sign Criteria for the Value Place Hotel
located at 306 Trophy Branch. The sign criteria included approval for four signs:
1. A monument sign structure on the south side of the hotel along State Highway
114.
2. A wall sign on the south wall of the hotel, facing State Highway 114, with an
Optec LED Electronic Message Center.
3. A wall sign on the west wall of the hotel.
4. A wall sign on the north wall of the hotel [which was later moved to the east wall
of the hotel].
On February 26, 2007, the owner of the hotel, Quanah Properties, LP requested
revisions to Value Place Hotel signage, moving the north wall signage to the east wall
and adding an Optec LED Electronic Message Center. Staff approval was given and
sign permits were issued.
In October 2007, the Town Council requested that the Planning and Zoning
Commission review staff’s approval of the Value Place Hotel signage changes to
determine if appropriate procedures for approval were followed.
January 3, 2008: The Planning & Zoning Commission reviewed the east elevation
signage, with some members of the Commission concluding that Staff did not have the
authority to approve the sign changes; after discussion and review, however, the
Commission recommended to the Town Council approval of the east elevation signage.
January 21, 2008: The Town Council denied approval of the east elevation signage for
Value Place Hotel finding that staff did not have the authority to approve changes to the
hotel signage.
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February 4, 2008: Quanah Properties, LP (owner of Value Place Hotel) appeals the
Town Council denial of the east elevation signage.
March 20, 2008: The Planning and Zoning Commission hears the appeal and
recommends approval to the Town Council of the east elevation signage with the
stipulation that the current levels of illumination of the sign be maintained and an
engineer certified written timeline of the current lumens levels and timeframes be
provided.
April 7, 2008: The Town Council directs the Town Manager to negotiate an agreement
with Value Place Hotel regarding signage.
AGREEMENT: Regarding the signage, the following agreements were reached:
1. Improvements will be made to the monument sign located at the southwest
corner of the property along Highway 114. The improvements will include the
addition of stone and paint matching the existing architectural style and color of
the Hotel to cover the sign’s pedestal, currently grey in color. The lower three
feet (3’) of the pedestal, measured from grade, shall be covered in stone with the
remainder of the grey pedestal painted to match the color of the Hotel.
2. The east wall LED sign and the south wall LED sign illumination will be set and
maintained in compliance with the Brightness Schedule Certification prepared by
Federal Heath Sign Company.
3. The frequency change of the display on the south wall LED sign and on the east
wall LED sign will be set such that the messages on each sign change no more
frequently than one (1) time each thirty (30) seconds.
4. Town agrees to take necessary steps to process an amendment to PD No. 25 so
that the terms of the PD Ordinance regarding signage shall be consistent with the
terms and requirements of this Agreement.
STAFF REVIEW: On August 8, 2008, the Building Inspector confirmed the above
changes had been made to the monument signage. In addition, random checks of the
message changes occurring on the LED signs have shown that the messages do not
change more frequently than one (1) time each thirty (30) seconds. The brightness
appears to be in compliance with the certification provided by Federal Heath Sign
Company.
Staff brings forward this request to process an amendment to PD-25 Value Place Hotel
signage consistent with the terms of the negotiated agreement.
PD-25 Value Place Hotel Sign Criteria to be amended as follows:
• Removal of Sign Type “C” from the North Elevation.
• Approval of the changes made to the Monument Sign, adding stone to the lower
three feet of the pedestal and painting the remainder to match the hotel.
• East elevation signage approved as an LED sign.
48
• Illumination on both the east wall LED sign and on the south wall LED sign to be
maintained in compliance with the Brightness Schedule Certification prepared by
Federal Heath Sign Company and attached as part of amended Exhibit 5.6.
• South wall LED sign and east wall LED sign messages will change no more
frequently than one (1) time each thirty (30) seconds.
PUBLIC HEARING: Changes to a PD require publication in the local newspaper and
notification of any property owners within 200-ft. of the Value Place Hotel. There are
two property owners within 200-ft of Value Place Hotel: 1) Larry Stewart, owner of
remaining tracts of land in PD-25, and 2) the City of Southlake, both of whom received
notification.
STAFF RECOMMENDATION: As Quanah Properties, LP has complied with the terms
of the negotiated agreement, Staff recommended that the Planning and Zoning
Commission recommend approval to the Town Council of the above outlined
amendments to PD-25 Sign Criteria for Value Place Hotel signage.
PLANNING AND ZONING COMMISSION RECOMMENDATION: On August 21, 2008,
the Planning and Zoning Commission conducted a public hearing and discussion of this
item with the following result: Commissioner Ashby made a motion to recommend to
the Town Council approval of the Value Place Hotel signage as amended by the
negotiated agreement, with the stipulation, as suggested by Commissioner Sheridan, to
prohibit off-premise advertising. [The stipulation is not necessary as Chapter 5 of the
Town of Trophy Club Code of Ordinances prohibits off-premise advertising.]
Commissioner Reed seconded the motion.
Ayes: Stephens, Reed, Sheridan, Ashby, Hill
Nays: Forest
Action: 5-1, Approved
(ch)
Attachments: Ordinance 2006-39 plus Exhibits
Memo of Inspection of Monument Sign from Building Inspector
Property Owner Notification; Newspaper Publication
Planning & Zoning Commission Minutes
Ordinance 2008-XX, including new Exhibit 5.6
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Town of Trophy Club
Department of Planning & Zoning
100 Municipal Drive
Trophy Club, Texas 76262
TO: Alliance Regional Newspapers /
Classifieds Dept.
DATE: July 29, 2008
FROM: Carolyn Huggins PAGES: 1
RUN DATE: 1 Time: August 1, 2008 SUBJECT: Public Hearings
NOTICE OF PUBLIC HEARING
PLANNING & ZONING COMMISSION
Thursday, August 21, 2008
TOWN COUNCIL
Monday, September 8, 2008
A Public Hearing will be held by the Planning & Zoning Commission of the Town of
Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal
Drive, at 7:00 p.m., Thursday, August 21, 2008, to consider:
Changes to the Comprehensive Zoning Ordinance, amending various sections of
Chapter 13–Zoning, including without limitation, amending and adopting new
regulations affecting accessory structures, affecting design criteria, and other
miscellaneous provisions of Chapter 13.
To amend Ordinance No. 2006-39, the same having amended Ordinance No. 2002-41
P&Z, PD Planned Development District No. 25, Trophy Wood Business Center, Exhibit
“D” Site Plans, to allow existing signage on Value Place Hotel.
To amend Ordinance No. 2007-15 P&Z, the same having amended Ordinance No.
2006-11, PD Planned Development District No. 27, The Highlands at Trophy Club, to
amend Exhibit “B” Development Standards.
The Town Council will hear the above items on September 8, 2008, in the Boardroom of
the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m.
71
NOTICE OF PUBLIC HEARING
Planning & Zoning Commission - Thursday, August 21, 2008
TOWN COUNCIL - Monday, September 8, 2008
TIME OF PUBLIC HEARING: 7:00 p.m.
PLACE OF PUBLIC HEARING: Svore (M.U.D.) Building -- Boardroom
100 Municipal Drive
Trophy Club, Texas 76262
REGARDING: Value Place Hotel Signage, 306 Trophy Branch, Trophy Club, TX
LOCATION OF PROPERTY: PD (Planned Development) District No. 25, Trophy Wood
(Business) Center, located at the northwest corner of T. W. King County Road and State
Highway 114.
PURPOSE OF PUBLIC HEARING: To process an amendment to PD-25 Value Place
Hotel signage as required by a negotiated agreement.
TO SURROUNDING LAND OWNERS:
Property owners in the Town of Trophy Club within 200-ft. (two hundred feet) of this
property receive written notification of this request. All interested property owners are
encouraged to attend this hearing.
Persons wishing their opinion to be part of the record, but are unable to attend may send a
written reply prior to the date of the hearing to: Town of Trophy Club, Planning & Zoning
Department, 100 Municipal Drive, Trophy Club, Texas 76262; Attn: Carolyn Huggins.
FOR FURTHER INFORMATION:
Please contact Carolyn Huggins, Planning & Zoning Coordinator at 682-831-4681.
72
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EXCERPT FROM AUGUST 21, 2008 PLANNING AND ZONING COMMISSION
MEETING MINUTES:
PUBLIC HEARING, DISCUSSION AND RECOMMENDATION REGARDING
AMENDMENT TO PD-25 SIGN CRITERIA FOR VALUE PLACE HOTEL LOCATED
AT 306 TROPHY BRANCH.
Chairman Hill opened the public hearing and read the background information on this
case from the staff report. He asked David Johnston, Quanah Properties, if he had
anything to add. Mr. Johnston stated that Quanah has complied with the agreement
and they are happy with the sign, and hope that the Town is too. Chris King, Building
Inspector, stated that Quanah is in full compliance with the agreement.
Shirley Forgan, 1 Hanna Ct., stated that the flashing neon sign is saying “Win $50,000
Check In Now”. She wanted to know if that is something new? Ms. Huggins explained
that Value Place Hotel can change the message on the sign. That is allowed.
Ms. Forgan asked if the amount of illumination has been downgraded. Ms. Huggins
responded that it has been reduced.
Commissioner Sheridan asked if the PD allows off-premises advertising; off-premises
meaning advertising something that is not Value Place Hotel related. Ms. Huggins
stated that the PD must specifically allow the use or it is prohibited. PD-25 does not
specifically allow off-premises advertising, therefore it is prohibited.
Commissioner Sheridan stated that he does not want to infer anything different than
what is negotiated, and he does not have any problem with the “$50,000 come on in”
signage that is advertising Value Place Hotel, but he objects to off-premise advertising.
Mr. Ashby asked if the overall Town ordinance prohibits that. Ms. Huggins stated that it
is not specifically addressed. [This is not correct. It is addressed in Chapter 5 –
General Land Use, Article IV, Sign Regulations, Section 4.06 Commercial and
Institutional Signs; Sign Type – Off-Premise – PROHIBITED.]
Commissioner Sheridan stated that he is for everything that the Town agreed to, but
asked that off-premise advertising be prohibited. He asked Mr. Johnston if he would be
agreeable to this. Mr. Johnston asked for an example and Commissioner Sheridan
stated that there is a school that advertises real estate and he objects that. He stated
that he supports advertising anything to do with the hotel, i.e., the $50,000 promotion
that he hopes is successful for the hotel, but he wouldn’t want the hotel to advertise
Tom Thumb or any other company or facility off-site. Mr. Johnston stated that they
would abide by whatever everybody else in Town has to abide by, but stated that they
don’t intend to advertise for anyone but their hotel on their site.
Commissioner Ashby made a motion to recommend to the Town Council
approval of the Value Place Hotel signage as amended by the negotiated
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agreement, with the stipulation, as suggested by Commissioner Sheridan, to
prohibit off-premise advertising. Commissioner Reed seconded the motion.
There was further discussion among the Commissioners regarding off-premises
advertising with Commissioner Forest asking additional questions to define “off-
premises” (anything not inside the lot boundary), and whether or not “congratulations
Trophy Club…” or “good luck” type of signage would be prohibited, with the consensus
by the Commissioners being that congratulatory type of signage would be prohibited
unless the event or persons being congratulated were staying at the hotel, in which
case it would be legitimate.
As there was no further discussion, the Chairman called for the vote.
Ayes: Stephens, Reed, Sheridan, Ashby, Hill
Nays: Forest
Action: 5-1, Approved
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO 2008-XX
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ORDINANCE NO. 2006-39, WHICH AMENDED
ORDINANCE NO. 2002-41 P&Z, KNOWN AS PD PLANNED
DEVELOPMENT DISTRICT NO. 25, TROPHY WOOD BUSINESS
CENTER, EXHIBIT “C”, “DEVELOPMENT STANDARDS”, BY
AMENDING EXHIBIT “5.6 SIGN CRITERIA” AS OUTLINED IN THIS
ORDINANCE; PROVIDING A SAVINGS AND REPEALER CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; PROVIDING A PENALTY NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”),
is authorized and empowered by law, in accordance with Chapter 212 of the Texas
Local Government Code, to regulate the subdivision of land and property development
within the Town;
WHEREAS, on October 2, 2002, the Town adopted Ordinance No. 2006-39,
amending Ordinance No. 2002-41 P&Z, amending Ordinance No. 2000-06 P&Z of the
Town, the same being the Comprehensive Zoning Ordinance, and amending the official
zoning map of the Town by changing the zoning on a certain tract of land described as
a 16.0 acre tract of land located generally to the North of State Highway 114, West of
T.W. King Road, and South of Hanna and Jamie Court, from it’s then current zoning of
“CG”, Commercial General, to PD Planned Development No. 25, Trophy Wood
Business Center; and
WHEREAS, subsequent to the settlement of a dispute between Quanah
Properties and the Town of Trophy Club regarding the signage at the Value Place Hotel
located on Tract 5 of PD Planned Development No. 25, Trophy Wood Business Center,
an amendment to PD-25 was requested for the purpose of seeking approval of the east
elevation signage of the hotel located on Tract 5 of this PD Planned Development in
order that the regulations contained within PD-25 relative to the signage for Tract 5
would be consistent with the terms agreed upon by the Town and Quanah Properties;
and
WHEREAS, after public notices were given in compliance with State law and a
public hearing was conducted, and after considering the information submitted at that
public hearing and all other relevant information and materials, the Planning and Zoning
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Commission determined that the proposed amendments to the signage regulations
were appropriate, and therefore, took action at its August 21, 2008 meeting to
recommend that the Town Council adopt the amendments to Ordinance No. 2006-39 as
set forth in this Ordinance; and
WHEREAS, after complying with all legal notices, requirements, and conditions,
a public hearing was held before the Town Council at which the Town Council does
hereby approve the amendments to Ordinance 2006-39 as set forth in this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB:
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
Ordinance No. 2006-39 of the Town of Trophy Club, Texas, the same being PD
Planned Development No. 25, Trophy Wood Business Center, is hereby amended in
the following particulars, and all other articles, chapter, sections, paragraphs, sentence,
phrases and words are not amended by are hereby ratified and affirmed.
F. Sign Criteria. Signage requirements for Tract 5 of this PD Planned
Development are set forth in Exhibit “5.6”, “Sign Criteria”, which is
attached and incorporated herein as if copied in its entirety.
Monument Sign “A” is located at the southwest corner of the property
along Highway 114 and is improved by the addition of stone to the lower
three feet (3’) of the pedestal, measured from grade, and the addition of
paint on the remainder of the originally grey pedestal, the stone and paint
to be the same or similar color of the Hotel.
Sign “C” (north elevation) is deleted.
An east elevation wall sign is added. The east elevation signage is a wall
sign cabinet structure with Optec L.E.D. Electronic Message Center, 48 X
96 Pixel Matrix and 25 mm pitch.
The illumination on both the east wall LED sign and on the south wall LED
sign shall be set and maintained in compliance with the Brightness
Schedule Certification prepared by Federal Heath Sign Company, a copy
of which is attached hereto and incorporated herein as part of Exhibit
“5.6”.
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The frequency of change of the display on the south wall LED sign and the
east wall LED sign shall be set such that the messages on each sign
change no more frequently than one (1) time each thirty (30) seconds, a
copy of which is attached hereto and incorporated herein as part of Exhibit
“5.6”.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting the PD-25 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.
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
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.
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PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this 8th day of September, 2008.
_____________________________
Mayor Nick Sanders
Town of Trophy Club, Texas
ATTEST:
__________________________________
Town Secretary, Lisa Hennek
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
___________________________________
Town Attorney, Patricia Adams
Town of Trophy Club, Texas
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EXHIBIT 5.6
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EXHIBIT 5.6 (CONTINUED)
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EXHIBIT 5.6 (CONTINUED)
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EXHIBIT 5.6 (CONTINUED)
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EXHIBIT 5.6 (CONTINUED)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-8-2008
Subject: Agenda Item No.C.3
Public Hearing regarding an Amendment to the Code of Ordinances of the
Town of Trophy Club, Chapter 13-Zoning, Article II, Section 2.02 and Article
V, Section 5.03 amending and adopting new definitions and regulations
affecting accessory structures, affecting design criteria, and other related
provisions. (ADM-08-029)
PURPOSE: To allow accessory structures to be built closer than ten (10) feet to the
primary dwelling.
STAFF COMMENTS: By current ordinance, detached accessory structures must be at
least ten (10) feet away from the primary dwelling structure which then usually places
the structure into setbacks and easements. The Building Permit Department is seeing
an increase in these types of requests as residents create outdoor living and
entertainment centers in backyards.
STAFF SUMMARY: After review by the Building Inspector, Fire Marshall, and Town
Management, who are charged with maintaining safety and beautification standards,
Staff believes it would be beneficial to the Town, builders and homeowners if this
requirement were changed to allow accessory structures closer than ten (10) feet from
the primary structure. This would allow the structures (such as outdoor kitchens,
pergolas, and arbors) to be built within the setbacks and outside of the boundaries of
easements. For increased safety, Staff has added verbiage in the ordinance asking
that these structures be included in the calculation of total square footage under roof,
and if the total square footage exceeds 7,500 sq. ft. then the accessory structure being
added must be protected with a sprinkler system in its entirety.
STAFF RECOMMENDATION: Under the current regulations, Staff must deny designs
for accessory structures within 10-ft of the primary dwelling. Staff believes that revising
this ordinance will allow residents to build outdoor entertainment areas as envisioned by
the homeowner, while maintaining life, health, and fire safety standards to the highest
level, as well as maintaining build lines, setbacks and easements. Staff recommends
approval of these changes.
PLANNING AND ZONING COMMISSION RECOMMENDATION: On August 21, 2008,
the Planning and Zoning Commission conducted a public hearing and discussion of this
item with the following result:
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Vice Chairman Stephens made a motion to recommend to the Town Council approval of
changes to the Town of Trophy Club Code of Ordinances regarding accessory
structures, design criteria, definitions and other miscellaneous provisions.
Commissioner Sheridan seconded the motion.
Ayes: Forest, Sheridan, Stephens, Hill, Reed, Ashby
Nays: None
Action: 6-0, Approved
Attachments: Redline Sections of Chapter 13-Zoning Regarding Recommended
Changes
Public Hearing Notice
Excerpt from Planning & Zoning Commission Minutes
Ordinance 2008-XX P&Z
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Town of Trophy Club
Department of Planning & Zoning
100 Municipal Drive
Trophy Club, Texas 76262
TO: Alliance Regional Newspapers /
Classifieds Dept.
DATE: July 29, 2008
FROM: Carolyn Huggins PAGES: 1
RUN DATE: 1 Time: August 1, 2008 SUBJECT: Public Hearings
NOTICE OF PUBLIC HEARING
PLANNING & ZONING COMMISSION
Thursday, August 21, 2008
TOWN COUNCIL
Monday, September 8, 2008
A Public Hearing will be held by the Planning & Zoning Commission of the Town of
Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal
Drive, at 7:00 p.m., Thursday, August 21, 2008, to consider:
Changes to the Comprehensive Zoning Ordinance, amending various sections of
Chapter 13–Zoning, including without limitation, amending and adopting new
regulations affecting accessory structures, affecting design criteria, and other
miscellaneous provisions of Chapter 13.
To amend Ordinance No. 2006-39, the same having amended Ordinance No. 2002-41
P&Z, PD Planned Development District No. 25, Trophy Wood Business Center, Exhibit
“D” Site Plans, to allow existing signage on Value Place Hotel.
To amend Ordinance No. 2007-15 P&Z, the same having amended Ordinance No.
2006-11, PD Planned Development District No. 27, The Highlands at Trophy Club, to
amend Exhibit “B” Development Standards.
The Town Council will hear the above items on September 8, 2008, in the Boardroom of
the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m.
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PLANNING & ZONING COMMISSION MINUTES – AUGUST 21, 2008
PUBLIC HEARING, DISCUSSION AND RECOMMENDATION REGARDING
CHANGES TO THE TOWN OF TROPHY CLUB CODE OF ORDINANCES, CHAPTER
13-ZONING, INCLUDING WITHOUT LIMITATION, AMENDING AND ADOPTING NEW
REGULATIONS AFFECTING ACCESSORY STRUCTURES, AFFECTING DESIGN
CRITERIA, AND OTHER MISCELLANEOUS PROVISIONS OF CHAPTER 13. (ADM-
08-029)
Chairman Hill announced the case and asked Ms. Huggins for staff comments. Ms.
Huggins read a portion of the staff report and stated that staff recommends approval of
these changes.
Mike Davidson, 201 Ridgeview Lane, stated that he was at the last P&Z meeting where
this item was discussed and at the end of the discussion “grandfathering” was added to
the motion. He stated that he is not in favor of grandfathering for structures built without
permits or conformance to Town regulations. They should have to pay for the permit
and possibly a fine levied as well. Grandfathering allows them to get away scott free.
Jill Setzer, 4 Crickett Ct., stated that she also attended the last meeting and she wanted
to make sure that the changes include outdoor storage sheds and that the typographical
errors have been corrected so that the height restriction would be 8-ft. Ms. Huggins
responded that the typo errors have been corrected so that it now reads 8-ft.
Shirley Forgan, 1 Hanna Ct., stated that she is not aware of what this is – could it be
explained to a lay person? She asked for an example of a structure that would be
affected by this change. Chris King, Building Inspector, explained that if she wished to
put an arbor or outdoor kitchen in her backyard the current ordinance requires that the
structure must be 10-ft. away from the house. Staff is proposing that homeowners be
allowed to put these structures closer than 10-ft. to the house. The reason for this is
that yards have utility easements running through the side and rear property lines, as
well as backyards with unique angles, and if the structure is placed 10-ft. away from the
house, many times the structure then encroaches into easements, which affects
drainage. By placing the structure closer to the house, the structure can be placed
within setbacks and kept out of the easements.
Chairman Hill closed the public hearing.
Commissioner Sheridan stated that large roof covered kitchens, patio covers and
pergolas have been built in Town by people who did not realize that they needed to
obtain a permit to build a patio cover. He stated that anyone who violates the law
should be nailed to the wall. However, he believes many people may have a storage
shed where they didn’t know they needed to obtain a permit. Rather than having a
witch hunt by Town staff, if the structure meets the code they should be let off.
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Ms. Huggins stated that the current staff report outlining the proposed changes to this
ordinance does not include a provision for grandfathering. The reason for this is
because the Town Attorney reviewed the stipulation in the motion from last month’s
meeting and determined that an existing structure built without a permit that would be in
compliance after the approval of this change by the Town Council would then become a
legal structure and thus would not need to be grandfathered in. Grandfathering is
needed for an existing structure that is non-conforming, making it a legally non-
conforming structure.
Commissioner Forest asked if anyone knows how many structures exist in the Town
that were put up without permits. Chris King stated that a storage shed that is less than
120 sq. ft. does not require a permit. Staff would literally have to go door-to-door and
measure each storage building to determine square footage and if larger than 120 sq. ft.
then check to see if a permit was obtained.
Vice Chairman Stephens made a motion to recommend to the Town Council approval of
changes to the Town of Trophy Club Code of Ordinances regarding accessory
structures, design criteria, definitions and other miscellaneous provisions.
Commissioner Sheridan seconded the motion.
Ayes: Forest, Sheridan, Stephens, Hill, Reed, Ashby
Nays: None
Action: 6-0, Approved
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2008-XX P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES OF THE
TOWN, ENTITLED “ZONING”, ARTICLE II, ENTITLED “DEFINITIONS,”
SECTION 2.02 ENTITLED “GENERAL DEFINITIONS” TO ADD
DEFINITIONS FOR “ARBOR”, “OUTDOOR KITCHEN”, AND
“PERGOLA”; AND AMENDING ARTICLE V, ENTITLED
“SUPPLEMENTARY DISTRICT REGULATIONS”, SECTION 5.03
ENTITLED “ACCESSORY STRUCTURES AND USES”, SUBSECTION
A. 1. e. (ii) RELATIVE TO HEIGHT AND SCREENING REQUIREMENTS,
SUBSECTION D. ENTITLED “LOCATION” AND SUBSECTION F.
ENTITLED “DESIGN CRITERIA”, SUBSECTION (1); PROVIDING FOR
THE INCORPORATION OF PREMISES; PROVIDING FOR
AMENDMENTS; PROVIDING A PENALTY NOT TO EXCEED THE SUM
OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE
AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED
EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR
CONTINUES; PROVIDING A SAVINGS CLAUSE; PROVIDING A
CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS AND
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town is a home rule municipality organized under the
Constitution and the laws of the State of Texas; and
WHEREAS, after due deliberations and consideration of the recommendation of
the Planning & Zoning Commission, and the information and other materials received at
public meetings, the Town Council has concluded that the amendments of this
Ordinance are in the best interests of the Town of Trophy Club, Texas, and of the public
health, safety and general welfare; and
WHEREAS, as allowed in the Town’s Ordinance, detached accessory structures
such as outdoor kitchens, arbors and pergolas must be built at least ten (10) feet away
from the primary dwelling structure; and
WHEREAS, due to the ten (10) foot requirements, some accessory structures
were being placed within setbacks and easements; and
WHEREAS, after review by the Town staff, who are charged with maintaining
safety and beautification standards, Staff recommended that the Town’s Ordinance be
amended to allow accessory structures closer than ten (10) feet from a primary
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structure in order to allow accessory structures to be constructed without encroaching
into setbacks and easements; and
WHEREAS, having determined that changing the regulations of accessory
structures in accordance with the provisions set forth below allows improvements to
property that beautify, increase enjoyment and add value to property is an appropriate
and beneficial governmental function, Council hereby determines that the adoption of
this Ordinance serves the health, safety and welfare of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
All of the above premises are found to be true and correct and are incorporated
into the body of this Ordinance as if copied in their entirety.
SECTION 2.
AMENDMENTS
2.01 Article II, Entitled “Definitions,” of Chapter 13, entitled “Zoning”, of the Code of
Ordinances of the Town of Trophy Club is hereby amended so that Section 2.02 entitled
“General Definitions” is amended to add definitions for “arbor”, “outdoor kitchen”, and
“pergola”, so that Section 2.02 reads in its entirety as follows:
Section 2.02 General Definitions
A. The following words, when used in this ordinance, shall have the meanings
respectively ascribed to them in this section, unless such definition would be
inconsistent with the manifest intent of the Planning and Zoning Commission and
the Town Council or where the context of this Ordinance clearly indicates
otherwise:
1. Accessory Building or Accessory Structure: A subordinate building or
structure of masonry and/or wood construction, detached from the main
building, and customarily incidental to the principal building.
2. Accessory Use: A use subordinate to and incidental to the principal use.
3. Acreage, Gross: The total acreage of a subdivision, including areas
dedicated to the public use, such as streets and alley right-of-ways and open
spaces, but not including public parks.
4. Acreage, Net: The total acreage of a subdivision less those areas dedicated
to public use, such as street and alley right-of-ways, open spaces and public
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parks. Provided, however, that easements shall be included in net acreage
calculations.
5. Airport: A landing facility for aircraft approved by the United States Federal
Aviation Agency.
6. Alcoholic Beverage: Alcohol, or any beverage containing more than one-
half of one percent of alcohol by volume, which is capable of use for
beverage purposes, either alone or when diluted.
7. Alley: A public way, public space or thoroughfare which affords only
secondary means of access to property abutting thereon.
8. Animal Pound/Shelter (Private): A facility for the incarceration of small
domestic animals for short periods of time.
9. Animal Run: A structure or barrier for the purpose of containing a dog or
other animal as authorized in the Town’s Animal Control Ordinance.
10. Antique Shop: An establishment offering for sale, within a building articles
such as glass, china, furniture or similar furnishing and decorations which
have value and significance as a result of age, design or sentiment.
11. Apartment: A room or suite of rooms arranged, designed or occupied as a
residence by a single family, individual or groups of individuals.
12. Apartment House: Any building, or portion thereof which is designed, built,
rented, leased, let or hired out to be occupied as three (3) or more
apartments or which is occupied as the home or residence of three (3) or
more families living independently of each other and maintaining separate
cooking facilities.
13. Arbor: An open framework designed to offer shade, with latticework that
also serves as a trellis on which climbing plants can grow.
14. Architectural Grade Metal: A non-flat, non-reflective metal panel
specifically designed for the use as a fence.
15. Area of lot: The net area of the lot and shall not include portions of streets
and alleys.
16. Art Studio: An area for the collection, display, distribution, or instruction of
objects of art.
17. Art Supply Store: An establishment offering for sale those materials used by
conventional artists for the preparation of their art form.
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18. Attached: Any structure that shares a common wall or foundation with the
primary structure.
19. Bakery or Retail Confectionery Store: An establishment that prepares
baked foods and prepared candies on site or from a wholesale supplier for
the purpose of retail sales.
20. Basement: A building story which is partly underground and having at least
one-half (½) of its height below the average level of the adjoining ground.
21. Bedroom: A room in a dwelling other than a kitchen, dining room, living
room, bathroom, closet den, or sunroom which is used primarily for sleeping.
22. Blind Fence or Wall: A fence or wall through which a person is unable to
see standing six (6) feet from such fence or wall at ground level.
23. Block: An area within the Town enclosed by streets and occupied by or
intended for buildings; or, if said word is used as a term of measurement, it
shall mean the distance along a side of a street between the nearest two (2)
streets which intersect said street on said side.
24. Breezeway: A covered passage one story in height connecting a main
structure and an accessory building.
25. Buildable Area: That portion of a building site exclusive of the required yard
areas on which a structure or building improvements may be erected, and
including the actual structure, driveway, parking lot, pool, and other
construction as shown on a site plan.
26. Building: A structure built for the support, shelter and enclosure of persons,
animals, chattels or movable property of any kind.
27. Building Official: The Building Official for the Town of Trophy Club, Texas
or his or her designee.
28. Building Setback Line: A line parallel or approximately parallel to the street
line and beyond which a building or structure may not be erected, encroach
or project.
29. Cabana: A secondary structure on a lot incidental to a swimming pool or
recreational area, but excluding sleeping and cooking facilities.
30. Carport: A permanent roofed structure entirely open on at least two sides,
designed or used to shelter not more than two private passenger vehicles.
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31. Cemetery or mausoleum: An area or structure designed to contain the
remains of humans for permanent interment.
32. Children’s Playhouse: A non-commercial single story structure of less than
one hundred twenty square feet (120) used exclusively for the recreational
purpose for children. Said structure shall in no ways be used for habitation.
33. Church: A place of worship and religious training of recognized religions,
including the on-site housing of ministers and families, priests, rabbis and
nuns.
34. Clinic: An institution or facility for examining, consulting with or treating
patients, including offices, laboratories and out-patient facilities, but not
including hospital beds and rooms for acute or chronic care.
35. Club: An association of persons for promotion of some common object, such
as literature, science or good fellowship, and jointly supported by its
members and carrying the privilege of exclusive use of a club building and
premises.
36. Colored and Embossed Poured-in-Place Concrete: A site constructed
concrete panel with a raised design and colored to complement the
surrounding structures. Design shall encompass eighty (80) percent of the
wall facing and shall be installed on both sides of the wall.
37. Commercial: Any business, other than a home occupation or manufacturing
business, which involves the exchange of goods or services for the
remuneration of a person occupying the premises upon which the transaction
or part thereof takes place.
38. Commercial Amusement: An amusement enterprise offering entertainment
or games of skill to the general public for a fee or charge.
39. Community Festival: A function or occasion that is endorsed by the Town
Council held at a central location where scheduled activities are held or
performed for the benefit of the community.
40. Community Garage Sale: A coordinated event, which includes as
participants any number of residents of the Town participating together by
simultaneously conducting garage sales that are sponsored by a bona-fide
and recognized non-profit civic organization.
41. Comprehensive Plan: The Comprehensive Land Use Plan of the Town of
Trophy Club and includes any unit or a part of such unit separately adopted
and any amendment to such plan or parts thereof.
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42. Concrete Masonry Unit with Facing: A manufactured concrete masonry
unit with a facing that is designed to resemble cut stone. Facing shall be
installed on both sides of the unit.
43. Condominium: The separate ownership of single units or apartments in a
multiple unit structure or structures with common elements as defined in
Article 1301a, Texas Revised Civil Statutes Annotated, as amended.
44. Convalescent Home: Any structure, other than a hospital, used for or
occupied by persons recovering from illness or suffering from the infirmities
of old age.
45. Corner Lot: A lot situated at the junction of two (2) or more streets.
46. Country Club: An area containing a golf course and a clubhouse available
only to the membership of the country club and their guests, including
facilities for dining and entertainment, swimming, tennis and similar
recreational facilities and services.
47. Convent: Residence of nuns and other accessory activities which are
associated therewith.
48. Crafts and Hobby Shops: A retail establishment which displays and/or
offers for sale objects or portions of objects relating to recreational activities.
49. Cul-De-Sac: A short, minor street having but one outlet to another street and
terminating on the opposite end by an appropriate vehicular turnaround as
shown in the Town Subdivision Regulations.
50. Cultural Building and Facilities: A building or complex of buildings that
house cultural facilities owned and/or operated by a governmental agency or
private non-profit agency.
51. Day Care Center or Nursery: An establishment where more than three (3)
unrelated children under fourteen (14) years of age are left for care, training,
education, custody, or supervision during the day or any portion thereof. The
term “day care center” or “day nursery” shall not include overnight lodging,
medical treatment, counseling, or rehabilitative services, and does not apply
to any school, public or private, as herein defined.
Such facility shall be operated in a manner as required by Chapter 42 of the
Human Resources Code of the state of Texas, as amended, and in
accordance with such standards as may be promulgated by the Texas
Department of Human Resources.
52. Day Care (In a Private Home): The care of no more than three (3) children,
not a part of the family, in a residential structure. Such care being provided
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by a resident of the structure.
53. Decorative Pre-Cast Embossed Concrete: A pre-cast concrete panel with
a raised design. Design shall encompass eighty (80) percent of the wall
facing and shall be installed on both sides of the wall. The use of corrugated
tin shall not be allowed to constitute a design.
54. Decorative Street Pavement: The physical construction or treatment of
streets such that the aesthetic quality of the street is enhanced.
Enhancements may include or consist of stamped concrete, decorative
paves, colored concrete or a combination thereof.
55. Dedication: The setting aside of a lot, parcel, or tract of land for a special
use by the public. Such setting aside shall constitute a transfer of ownership
from the current owner to the Town of Trophy Club and shall be
accomplished through platting the property or by a special instrument.
56. Depth of Front Yard: The minimum distance from the front lot line to the
front line of a building.
57. Depth of Rear Yard: The mean horizontal distance between the rear line of
a building other than an accessory building and the rear lot line.
58. Design Standards: The (i) subdivision regulations of the Town, (ii)
standards for paving, drainage and utility improvements, and (iii) any other
ordinances, regulations or rules of the Town relating to standards for the
construction of paving, drainage or other utility improvement.
59. Development: The construction of one or more new buildings or structures
on one or more building lots, or the use of open land for a new use. "To
develop" shall mean to create development.
60. Detached: Any structure that does not share a common wall or foundation
with the primary structure.
61. Dilapidated: The condition of a building or structure that has fallen into a
state of disrepair, ruin or decay as to render it a menace to public safety such
that it promotes fires or houses rodents or insects.
62. District: A section of the Town of Trophy Club for which the regulations
governing the area, height and use of buildings are uniform.
63. Drip Line: A vertical line run through the outermost portion of the crown of a
tree and extending to the ground.
64. Dry Cleaner, Pick-Up and Drop-Off: A retail establishment where fabrics
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are cleaned with substantially non-aqueous solvents.
65. Dry Cleaning Plant: A commercial laundry or cleaning plant doing cleaning
or laundry for off-premises service outlets and retail establishments.
66. Duplex: A detached building having separate accommodations for two (2)
single-family dwellings or occupied by two (2) families.
67. Dwelling: An enclosed building or portion thereof having accommodations
for only one family or occupied by one family.
68. Easement: A right of a person, government agency, or public utility to use
public or private land, which is owned by another person, government
agency, or public utility, for a specific purpose.
69 Efficiency Apartment: A dwelling unit in a multi-family structure, consisting
of not more than one habitable room, together with kitchen or kitchenette and
sanitary facilities, and having a minimum of six hundred square feet (600 sq.
ft.) of floor area. A habitable room shall be defined as being a space in a
structure for living, sleeping, eating or cooking. Bathrooms, toilet
compartments, closets, halls, storage or utility space, and similar areas, shall
not be considered habitable space.
70. Electrical Generating Station: A facility designed to convert electrical
current from other energy sources for consumption by dwellings and other
structures.
71. Electrical Substation: A facility designed to convert electrical current to a
different phase or voltage prior to consumption by dwelling and other
structures.
72. Electrical Transmission Line: A high voltage line used to transmit electrical
current to or between electrical substations or over long distances and
customarily associated with towers.
73. Enclosed Building: A structure which is floored, roofed and surrounded by
outside walls, which contains no opening larger than one hundred twenty
(120 sq. ft.) in area normally open to the air and which contains no series of
openings forming a divided opening larger than one hundred twenty (120 sq.
ft.) in area normally open to the air.
74. Engineer: A person duly authorized under the provisions of the Texas
Engineering Registration Act, as amended, to practice the profession of
engineering.
75. Extended 72 Hour Maximum Stay Surgery Center: Shall mean any
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facility that operates primarily to provide outpatient based diagnostic
treatment and medical/surgical intervention to patients and patrons requiring
medical treatment with provisions for extended, monitored recovery beyond
twenty-four hours. Such facilities may include provisions for extended
recovery and medical monitoring for elective surgical procedures and
elective medical intervention. The extended stay facility will meet the
environment of care for an institutional medical/surgical facility. The facility
focus shall primarily address low to medium acuity cases as a component of
primary care and elective care.
Due to the primary and elective medical focus, the extended 72 hour
maximum stay facility shall not include emergency care beyond the limits of
first aid treatment. Additionally, the extended stay facility shall not allow
helipads or heliports associated with traditional medical facilities where
emergency treatment is primary.
76. Facing: A veneer of masonry material with the appearance of brick, stucco,
limestone or other materials similar to the foregoing that may be applied to
the surface of a building or structure.
77. Family: Any number of individuals living together as a single family
housekeeping unit in which not more than three (3) individuals are unrelated
by blood, marriage, adoption or foster assignment.
78. Family Home: Shall have the meaning as defined by Chapter 42 of the
Texas Human Resources Code.
79. Fence: Any wall or structure more than three feet (3’) in height constructed
or placed for the purpose of enclosing, screening, restricting access, or
decorating any real property, building or structure.
80. Fire or Police Station: A facility designed to provide public protection from
the dangers of fire and crime.
81. First Floor: The highest story of a building having its interior floor surface at
ground level or not more than four feet (4’) above ground level. Such ground
level shall represent the average level along the side of the building having
the lowest ground elevation, and shall be measured at a maximum of four
feet (4’) from the building. The first floor in a single family residential building
shall be designated as the main living area. In a split level residence, the
floors located below and above the first floor shall be designated as half (½)
floors.
82. Florist Shop: A shop offering flowers, flower arrangements services and
associated products for sale.
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83. Four-Plex or Quad-Plex: A detached building containing four (4) single-
family attached dwellings.
84. Front Yard: An open, unoccupied space on a lot facing a street and
extending across the front of the lot between the side yard lines and being
the minimum horizontal distance between the street line and the principal
building or any projection thereof other than the projection of normal
architectural features.
85. Garage, Private: An accessory building or a portion of a main building for
the storage or parking of motor vehicles as may be required in connection
with the permitted use of the main building. A private garage shall be totally
enclosed with the only exceptions being openings used for access or
ventilation, shall be constructed of similar style and material as the main
structure.
86. Garage, Front Entry: A structure or portion thereof for the accessory use of
storing or parking of private motor vehicles owned by the occupant of the
premises, located in front of or beside the living area, the access thereto
being from the front property line.
87. Garage Sale: A sale of previously owned domestic and household items on
site by the resident of a single family detached dwelling. This does not
include commercial retail sales. (See “Community Garage Sale”)
88. Garage, Side or Rear Entry: A structure or portion thereof for the accessory
use of storing or parking of private motor vehicles owned by the occupant of
the premises with access or door facing the side or rear property line. Said
structure shall be located partially or totally behind any portion of the living
area.
89. Gazebo: A secondary structure on a lot incidental to the main residence and
being an open air garden pavilion, but excluding sleeping, cooking (excepting
an outdoor charcoaler or grill) and bath facilities.
90. Golf Course (Commercial): A golf course, privately owned but open to the
public for a fee and operated as a commercial venture.
91. Grocery Store: A retail establishment selling meats, fruits, vegetables,
bakery products, dairy items, and similar products for human consumption for
off-premises consumption only.
92. Group Home for the Disabled: A dwelling shared by four or more disabled
persons, including resident staff, who live together as a single housekeeping
unit and in a long-term, family-like environment in which the staff person(s)
provide care, education, and participation in community activities for the
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residents with the primary goal of enabling the residents to live as
independently as possible in order to reach their maximum potential.
93. As used herein, the term “disabled” shall mean having
i. A physical or mental impairment that substantially limits one or more of
such person’s major life activities so that such person is incapable of
living independently;
ii. A record of having such an impairment; or
iii. Being regarded as having such an impairment.
94. However, “disabled” shall not include current illegal use of or addiction to a
controlled substance, nor shall it include any person whose residency in the
home would constitute a direct threat to the health and safety of other
individuals. The term “group home for the disabled” shall not include
alcoholism or drug treatment center, work release facilities for convicts or ex-
convicts, or other housing facilities serving as an alternative to incarceration.
95. Guest House: A secondary structure on a lot which may contain dwelling
accommodations for the temporary occupancy by guests and not for rent or
permanent occupancy, and such building not having a separate utility meter.
96. Hardware Store: An establishment offering small hand tools and small
building materials and associated convenience items, and personal hobby
materials for sale to the general public.
97. Height: When referring to the height of a building or portion thereof, the
vertical distance measured from the average established grade at the
exterior surface of the structure to the highest point of the structure,
measured a maximum of four (4) feet from the exterior surface of the
structure.
98. Historic Tree: A tree which has been found by the Town to be of notable
historic interest because of its age, type, size or historic association and has
been so designated by the official records of the Town.
99. Home Occupation: A home occupation is an occupation carried on in the
home by a member of the occupant’s family without the employment of
additional persons, without the use of a sign to advertise the occupation,
without structural alterations tin the building or any of its rooms, without
offering any commodity or service for sale on the premises and which does
not involve open storage and which does not create a nuisance to abutting
residential property such as emission of odor, increased traffic or generation
of light or smoke and where the use is carried on in the main structure only.
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100. Hospital: Shall mean a facility or area for providing health services primarily
for human in-patient medical or surgical care for the sick or injured and
including related facilities such as laboratories, out-patient departments,
training facilities, central services facilities, and staff offices that are an
integral part of the facilities.
101. Hotel or Motel: A building or group of buildings designed and occupied as a
temporary abiding place for individuals. To be classified as a motel or hotel
an establishment shall contain a minimum of six (6) individual guest rooms or
units and may furnish customary services such as linen, maid service,
telephone, use and upkeep of furniture.
102. HUD-Code Manufactured Home: A structure that was constructed on or
after June 15, 1976, according to the rules of the United States Department
of Housing and Urban Development, transportable in one or more sections,
which, in the traveling mode, is eight (8) body feet or more in width or forty
(40) body feet or more in length, or, when erected on site, is 320 or more
square feet, and which is built on a permanent chassis and designed to be
used as a dwelling with or without a permanent foundation when connected
to the required utilities, and including the plumbing, heating, air-conditioning,
and electrical systems.
103. Industrialized Housing: A residential structure that is designed for the use
and occupancy of one or more families, that is constructed in one or more
modules or constructed using one or more modular components built at a
location other than the permanent residential site, and that is designed to be
used as a permanent residential structure when the modules or modular
components are transported to the permanent residential site and are
erected or installed on a permanent foundation system. The term includes
the plumbing, heating, air-conditioning, and electrical systems. The term
does not include any residential structure that is in excess of three stories or
forty-nine (49) feet in height as measured from the finished grade elevation at
the building entrance to the peak of the roof. The term shall not mean nor
apply to
i. Housing constructed of sectional or pannelized systems not utilizing
modular components; or
ii. Any ready-built home which is constructed so that the entire living area
is contained in a single unit or section at a temporary location for the
purpose of selling it and moving it to another location.
104. Kindergarten: School for children of preschool age, in which construction
endeavors, object lessons and helpful games are prominent features of the
curriculum.
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105. Laundromat: A retail establishment where fabrics are cleaned with aqueous
organic solvents in machines operated by the patron.
106. Lot: An undivided tract or parcel of land having frontage on a public street or
an approved open space having direct street access, and which is, or in the
future may be, offered for sale, conveyance, transfer, or improvement, which
is designated as a distinct and separate tract, and which is identified by a
tract, or lot number, or symbol in a duly approved subdivision Plat which has
been properly filed of record, as shown in the Town Subdivision Regulations.
107. Lot Coverage: The total area of a lot upon which is placed a building,
buildings or other structures.
108. Lot Depth: The length of a line connecting the midpoints of the front and rear
lot lines.
109. Lot, Double Frontage or Through: Any lot, but not including a corner lot,
with frontage on two (2) streets which are parallel to each other or within
forty-five (45) degrees of being parallel to each other
110. Lot Frontage: The length of street frontage between property lines.
111. Lot, Irregular: Any lot not having equal front and rear lot lines, or equal side
lot lines; a lot, the opposite lot lines of which vary in dimension and the
corners of which have an angle of either more or less than ninety (90)
degrees.
112. Lot of Record: A lot which is part of a subdivision, the plat of which has
been recorded in the office of the county clerk of the County where the lot is
located, or a parcel of land, the deed of which was recorded in the office of
the county clerk of the County where the lot is located prior to the effective
date of this ordinance.
113. Lot, Reverse Frontage: A corner lot, the rear of which abuts the side of
another lot.
114. Lot Width: The average distance between the side lot lines, which is
normally that distance measured along a straight line connecting the
midpoint of the two side lot lines.
115. Maintenance: All work necessary or appropriate to keep a building or
structure in proper condition and in compliance with this Ordinance or other
applicable law, codes or regulations.
116. Masonry Materials: Materials that shall include stone, brick, faux stone or
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brick, and concrete masonry units with decorative facing.
117. Massage: Any process consisting of kneading, rubbing, or otherwise
manipulating the skin of the body of a human being, either with the hand or of
other special apparatus, but shall not include massage by duly licensed
physicians, osteopaths, chiropractors, and registered physical therapists or
registered nurses or licensed vocational nurses who treat only patients
recommended by a licensed physician and who operate only under such
physician’s direction. The term “massage” shall not include massages
authorized by the State in beauty shops and barber shops staffed by licensed
barbers and beauticians.
118. Massage Parlor: Any building, room, place or establishment, other than a
regularly licensed hospital, where manipulated massage or manipulated
exercises are practiced upon the human body by anyone not a duly licensed
vocational nurse acting at the direction of a doctor whether with or without
the use of mechanical, therapeutic or bathing device, and shall include
Turkish bathhouses. This term shall not include, however, duly licensed
beauty parlors or barber shops or a place wherein registered physical
therapists treat only patients recommended by a licensed physician and
operate only under such physician’s direction.
119. May: Shall mean discretionary, and not mandatory.
120. Mechanical Equipment: Any machinery designed or manufactured for
permanent installation in one place, either outside of a building or inside of a
mechanical equipment building or room.
121. Minimum Square Footage of Dwelling Unit: The minimum square footage
of living space required per dwelling unit, excluding open porches,
breezeways, patios or areas designated for automobile parking, but including
enclosed porches.
122. Mobile Home: A structure that was constructed before June 15, 1976,
transportable in one or more sections, which, in the travel mode, is eight (8)
body feet or more in width or forty (40) body feet or more in length, or, when
erected on site, is 320 or more square feet, and which is built on a
permanent chassis and designed to be used as a dwelling with or without a
permanent foundation when connected to the required utilities, and including
the plumbing, heating, air-conditioning, and electrical systems.
123. Modular Home: A structure or building module that is manufactured at a
location other than the location where it is installed and used as a residence
by a consumer, transportable in one or more sections on a temporary
chassis or other conveyance device, and to be used as a permanent dwelling
when installed and placed upon a permanent foundation system. The term
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includes the plumbing, heating, air conditioning and electrical systems
contained in the structure. The term does not include a mobile home as
defined in the Texas Manufactured Housing Standards Act, nor does it
include building modules incorporating concrete or masonry as a primary
component.
124. Monastery: Residence of monks or priests and other accessory activities
which are associated therewith.
125. Mortuary or Funeral Home: An establishment serving the needs of the
community by providing embalming and burial services in conformance with
the State of Texas Statutes.
126. Multi-family Dwelling: A building or buildings containing or aggregating four
or more single-family dwelling units.
127. Natural Grade or Grade: The natural grade existing prior to any site
preparation, grading or filling. The natural grade is that area or point
adjacent and contiguous to a proposed building or structure prior to
construction or placement of the same.
128. Natural Vegetation: Living plant material.
129. Noncommercial: A person, endeavor, organization, agency, or operation
that does not involve the exchange of goods or services, as a principal or
secondary use, for the remuneration of a person, venture, partnership,
corporation, or organization occupying the premises upon which the
transaction or part thereof takes place.
130. Nonconforming Use: A building, structure or use of land lawfully occupied
at the time of the effective date of this ordinance or amendments thereto, and
which does not conform to the use regulations of the districts in which it is
situated.
131. Office, Business and Professional: A room or group of rooms for the
provision of business and professional services, not including retail sales or
production.
132. Office, Medical and Dental: A room or group of rooms for the provision of
medical and dental health care services, not to include other than ambulatory
care.
133. Off-Street Parking: Concrete surface areas upon which motor vehicles may
be parked and which area has access to a public street.
134. Opaque: A fence material that is impenetrable by light; neither transparent
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nor translucent.
135. Open Space: All land designated for the recreational enjoyment and/or
natural beauty of the area.
136. Outdoor Advertising Sign: A signboard advertising a service commodity,
goods, wares, merchandise or opinion not sold or offered to the public at the
site upon which the signboard is located.
137. Outdoor Kitchen: May include not only a grill but also a refrigerator,
cabinetry, a sink or even a wine cooler.
138. Outside Storage: The storage of commodities, goods and/or refuse outside
of an enclosed building.
139. Park: Land dedicated to, purchased by or otherwise acquired by the Town
for the purpose of providing public recreational and/or open areas.
140. Pavement Width: That portion of a street available for vehicular traffic;
where curbs are laid, it is the portion between the face of the curbs.
141. Pavilion: An open structure without walls but covered with a roof. The
structure may be of wood construction and shall have a roof construction
consistent with residences within the Town.
142. Pawn Shop: An establishment where money is loaned on the security of
personal property pledged in the keeping of the pawnbroker.
143. Pergola: A shaded walk or passageway of columns that support cross
beams and an open lattice, upon which woody vines are grown.
144. Perimeter Plan: A map indicating the proposed areas of common land
usage on a tract of land three hundred feet (300’) in depth adjacent to and
within the total perimeter of the district.
145. Person: Any individual, association, firm, partnership, corporation,
governmental agency, political subdivision or any other entity recognized in
law.
146. Pedestrian Path: A paved pedestrian way generally located within the public
street right-of-way, but outside of the street or roadway.
147. Pharmacy, Drug Store, Apothecary: An establishment offering over the
counter and prescription drugs and allied products for retail sale.
148. Photographic Studio: A building or portion of a building as a place of work
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for a photographer.
149. Planned Development: A subdivision that consists of commercial and/or
residential land uses, public land uses, and common open space and park
and recreational areas, adequate to serve the needs of the tract when fully
developed and populated, which is to be developed as a single entity, under
unified control.
150. Planning & Zoning Administrator/Coordinator: Shall mean the Planning
& Zoning Manager of the Town of Trophy Club Texas, or his or her designee.
151. Plat: A final plat that has been approved by the Town in accordance with the
Town Subdivision Regulations and filed in the Deed Records of the county
where the land is located.
152. Playground: An area used primarily for recreational purposes for children
and which generally includes equipment such as, but not limited to, swing
set, slides and merry-go-rounds; provided, however, that a playground shall
not mean any play area on a residential lot and used primarily by a person or
persons residing on the residential lot.
153. Premises: A piece of land or real estate owned, rented, leased, used or
occupied distinct from those adjacent to the same by virtue of different
ownership, rental, lease, usage or occupancy.
154. Principal Structure: A building or structure, the use of which is a principal
use.
155. Principal Use: A use which, in comparison with another use occurring on the
same property, has the greatest effective producing power.
156. Private: The exclusion of those who have not been invited.
157. Private Club: A social organization to which membership is by invitation
only, and its meeting place in which only members and their guests are
permitted, but excluding private clubs in which alcoholic beverages are
stored, possessed or consumed.
158. Professional: Service shall mean work performed by a member of a
profession licensed as a profession by the State of Texas.
159. Public: Promotion of a public cause or service, including utilities having a
franchise from the Town of Trophy Club, but excluding other profit-making
organizations.
160. Public Right-of-Way: A strip of land used or intended to be used, wholly or
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in part, as a public street, alley, crosswalk, pedestrian path, drainage way or
other public way.
161. Public Utility: Any person, corporation or other entity owning or operating for
compensation within the Town equipment or facilities for
i. Producing, generating, transmitting, selling or furnishing electricity;
ii. Conveying, transmitting or receiving communications over a telephone;
iii. Providing, furnishing or selling water or sewer services;
iv. Producing, transporting, furnishing or selling natural gas; or
v. Providing, furnishing or selling cable television.
162. Rear Yard: A space unoccupied by a principal structure extending for the full
width of the lot between the principal structure and the rear lot line.
163. Recreational Vehicle Camp Grounds: Any premises on which one or more
recreational vehicles or travel trailers are parked or situated and used for the
purpose of supplying to the public a parking space for one or more such
coaches or trailers.
164. Rectory: Residence of ministers or priests and other accessory activities
which are associated therewith.
165. Religious Institution: Shall be held to include a church as defined herein.
166. Repair: The reconstruction or renewal of any part of an existing building or
structure for the purpose of maintenance
167. Residential Density: The number of dwelling units per gross acre, excluding
any areas that are designated to be used for parks and open space, and
other non residential purposes.
168. Restaurant or Café: A building or portion of a building, where the primary
business is the on-premises sale of prepared food, with adequate facilities for
the preparation of the food to be sold, the adequacy of said kitchen facilities
to be based upon the seating capacity of the restaurant and the type of menu
offered.
169. Restaurant or Eating Establishment (Drive-In Service): An establishment
designed and constructed to serve food for consumption on the premises, in
an automobile, or for carry-out for off premises consumption and which
establishment may or may not have on-premises dining room or counter.
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170. Restaurant with Alcoholic Beverage Sales: A restaurant or eating
establishment where alcoholic beverages are sold whose gross sales in
Trophy Club from food on an annual basis at the location represent at least
sixty percent of total sales.
171. Retail Store: A place where goods, wares, merchandise and commodities
are sold and transferred directly to the purchaser or consumer in small
quantities such as by the single yard, pound, gallon or single articles as
opposed to wholesale trade.
172. Retaining Wall: A wall designed to resist the lateral displacement of soil or
other materials; said materials being substantially equal in height to the
height of the wall.
173. Retirement Home: A development facility providing dwelling units
specifically designed for the needs of ambulatory persons who have retired
from active vocations.
174. School, Denominational or Private: A school under the sponsorship of a
private agency, corporation, or religious agency, having a curriculum
generally equivalent to public elementary or secondary schools, and
accredited or licensed by the state of Texas; but excluding private trade or
commercial schools as herein defined.
175. School, Public: A school under the sponsorship of a public agency providing
elementary or secondary curriculum, and accredited or licensed by the state
of Texas; but excluding private trade or commercial schools.
176. School, Trade or Commercial: An establishment other than accredited or
licensed public, private or denominational school, offering training or
instruction in art occupation, or trade.
177. School, College / University: An academic institution of higher learning,
accredited or recognized by the state and offering a program or series of
programs of academic study leading to a recognized degree or advanced
degree.
178. Screening: To conceal an object from public view by means of landscaping
materials or an opaque fence.
179. Screening Wall or Fence: A wall or fence, the surface of which does not
contain openings more than forty (40) square inches in each one square foot
of surface of such wall or fence, and which surface shall constitute a visual
barrier.
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180. Servants' Quarters: An accessory dwelling located on a lot with a main
residence structure and used as living quarters for persons employed on the
premises only, and not for rent or use as a separate domicile of other than
persons employed on the premises, and with no separate utility meters.
181. Shall: Means mandatory, and not discretionary.
182. Side Yard: An open unoccupied space on the same lot with a building,
situated between the building and the side line of the lot, and extending
through from the side street or from the front yard to the rear line of the lot.
Any lot line not a rear line or a front line shall be deemed a side line.
183. Single-Family Attached Dwelling: A portion of an enclosed building having
accommodations for and occupied by only one family, attached to like units,
which units may be sold individually provided that the entire building meets
all lot area, front yard, side yard, rear yard, height and other zoning
requirements.
184. Single-Family Detached Dwelling: An enclosed building having
accommodations for and occupied by only one family, which building must of
itself meet all the lot area, front yard, side yard, rear yard, height and other
zoning requirements.
185. Site Plan: A map, drawing or chart showing the location of all existing and
planned structures, landscaping design, ingress and egress, parking, height
of structures and/or any other elements or design standards required by this
ordinance or the Town Subdivision Regulations and which has been
approved in accordance with the Town Subdivision Regulations.
186. Specimen Tree: A tree which has been determined by the Town to be of
high value because of its type, size or other professional criteria, and which
has been so designated as part of the official records of the Town.
187. Stable (Private): A stable with a capacity for not more than four (4) horses,
mules, or other domestic animals.
188. Stadium: Any athletic field or stadium operated for the general public,
including a baseball field, or football field or stadium.
189. Storage: A space or place for storing and safekeeping of goods in a
warehouse or other depository.
190. Storage/Utility Building: A non-commercial structure that is secondary to
the primary structure and is used primarily for storage of garden & lawn
equipment, tools, and miscellaneous household items. This does not include
the regular storage of material and goods intended to be sold or used in
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connection with any business or commercial enterprise.
191. Story: That portion of a building between the surface of any floor and the
surface of the floor next to it, or if there be no floor above it, then the space
between such floor and the ceiling next above.
192. Street: Any parcel of land designated for specific use as a thoroughfare for
vehicular traffic and not designated as an alley.
193. Street, Private: Any parcel of land designated and used specifically as a
thoroughfare for vehicular traffic, but not dedicated to the public.
194. Street, Public Dedicated: Any parcel of land dedicated to the public and
used or which may be used specifically as a thoroughfare.
195. Street Right-Of-Way: A street, including its pavement and all the publicly
owned property adjacent to it, dedicated for street purposes.
196. Structural Alterations: Any change in the supporting members of a building,
such as bearing walls, columns, beams or girders.
197. Structure: That which is built, erected or constructed; an edifice or building
of any kind, or any piece of work built up or composed of parts joined
together in some definite manner, including parking lots.
198. Subdivider: Any person or any agent thereof dividing or proposing to divide
land so as to constitute a subdivision as that term is defined herein. In any
event, the term "subdivider" shall be restricted to include only the owner,
equity owner, or authorized agent of such owner or equity owner, of land to
be subdivided.
199. Subdivision: A division of a lot, tract, or parcel of land into two (2) or more
parts, lots or sites for the purpose, whether immediate or future, of sale,
division of ownership or building development. Subdivision includes re-
subdivision of land or lots which are part of a previously recorded
subdivision.
200. Swimming Pool (Private): A swimming pool constructed for the exclusive
use of the residents of a one-family, two family or multiple-family dwelling
and located and fenced in accordance with the regulations of the Town of
Trophy Club.
201. Swimming Pool (Commercial): A swimming pool with accessory facilities,
not part of the municipal or private recreational system, and not a private
swim club, but where the facilities are available to the general public for a
fee.
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202. Temporary Field or Construction Office: A structure or shelter used in
connection with a development or building project for housing on the site of
temporary administrative and supervisory functions and for sheltering
employees and equipment.
203. Town: Shall mean the Town of Trophy Club, Texas.
204. Town Engineer: The duly authorized person in charge of engineering for the
Town, or that person's designated representative.
205. Town Planner: The duly authorized person in charge of planning for the
Town, or that person’s designated representative.
206. Townhouse/Townhome: A single-family attached dwelling unit on a
separately platted lot which is joined to another selling unit on one or more
sides by a party wall or abutting walls and occupied by not more than one
family.
207. Tree: Any self-supporting woody perennial plant which has a trunk diameter
of three inches (3”) or more when measured at a point four and one-half
(4½’) feet above ground level and which normally attains an overall height of
at least fifteen (15) feet at maturity, usually with one (1) main stem or trunk
and many branches. It may appear to have several stems or trunks as in
several varieties of oak.
208. Triplex: A moderate density use and shall mean a detached building
containing three (3) single-family attached dwelling units.
209. Use: The purpose for which land or buildings are or may be occupied in a
zoning district.
210. Utility Distribution Lines: Facilities which serve to distribute and transmit
electrical power, gas, and water, including but not limited to electrical
transmission lines, gas transmission lines, and metering stations.
211. Variance: Relief from or variation of the provisions of these regulations,
other than the Use Regulations, as applied to a specific piece of property, as
distinct from rezoning, as further set out hereinafter in the powers and duties
of the Zoning Board of Adjustment.
212. Vinyl Fence: A prefabricated fence made of PVC plastic that imitates a
variety of fence designs, including board, rail, picket, lattice, and wrought
iron.
213. Wholesale Business: A commercial use devoted to the sale of goods and
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commodities in large lots to retail outlets and stores and manufacturers.
214. Width of Lot: The horizontal distance between the side lot lines of a lot
measured at right angles to the depth or the same distance measured at the
front building line.
215. Width of Side Yard: The least distance between a side wall of a building
and the side line of the lot.
216. Wrought Iron: A manufactured metal fencing material designed to resemble
hammered iron.
217. Yard: A required open space, other than a court, unoccupied and
unobstructed by any structure or portion of a structure from the general
ground level of the graded lot upward; provided, however, that fences, walls,
poles, posts, and other customary yard accessories, ornaments, and
furniture are not deemed to be obstructions if height limitations and
requirements limiting obstruction of visibility are observed.
218. Yard Area: The front, side, and rear yard areas as required under the
Comprehensive Zoning Ordinance and the zoning district requirements
applicable thereto.
219. Yard, Front: An open space, unoccupied space on a lot facing a street and
extending across the front of the lot between the side yard lines and being
the minimum horizontal distance between the street line and the principal
building or any projection thereof other than the projection of normal
architectural features.
220. Yard, Rear: The required rear yard is an open space unoccupied and
unobstructed extending across the rear of a lot from one side lot line to the
other side lot line.
221. Yard, Side: An open, unoccupied space on the same lot with a building
situated between the building and side line of the lot and extending through
from the front yard to the required rear yard. Any lot line not the rear line or a
front line shall be deemed a side line.
222. Zoning District: A classification applied to any certain land area within the
Town stipulating the limitations and requirements of land usage and
development.
223. Zoning Map: The Official Zoning Map of the Town of Trophy Club together
with all amendments thereto.
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B. Amendments to the definitions in this section, or additional definitions to be added
to this section, may be made by the Town Council of the Town of Trophy Club after
receiving the recommendations and report of the Planning and Zoning Commission
on such amendments or additions, and after a public hearing before the Town
Council, as provided by law. Public hearing before the Planning and Zoning
Commission on any proposed amendment or addition to the definitions of this
section shall be held by the Planning and Zoning Commission after such notice of
such hearing shall have been given by publication at least one time in a newspaper
of general circulation in the Town Of Trophy Club, of the time and place of such
hearing at least fifteen (15) days prior to the date of such hearing.
(Ord No. 98-29, § IX, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § IX, 3-21-00;
Definition No. 74, Ord. No. 2002-28 P&Z, § III, 8-19-02; Definition No. 99, Ord. No. 2003-
28 P&Z, § II, 12-1-03; Definition Nos. 9, 13, 26, 35, 41, 52, 60, 75, 98, 114, 115, 133,
147, 163, 169, 175, 209, 213, Ord. No. 2005-16 P&Z, § 7-18-05)
2.02 Article V, Entitled “Supplementary District Regulations” of Chapter 13, Entitled
“Zoning”, of the Code of Ordinances of the Town of Trophy Club, is hereby amended, so
that Section 5.03 entitled “Accessory Structures and Uses”, Subsection A. 1. e., Entitled
“Height Requirements / Screening Requirements”, Subsection (ii) is hereby amended to
be and read in its entirety as follows:
e. Height Requirements / Screening Requirements:
i. Hard top pool covers shall not exceed four feet (4’) in height above the
outside perimeter of the pool.
ii. Accessory structures permitted in these districts shall not exceed one
story in height, except for storage/utility structures which shall not
exceed eight feet (8’) in height.
iii. Hard top pool covers located on lots abutting golf courses or public or
private parks shall be screened from public and private view by the
use of live screening as required by this section. Live screening shall
reach a minimum height of four feet (4’) within one (1) year after the
date of initial planting; provided however, that such live screening shall
at no time exceed the height of an existing fence or six feet (6’) in
height, whichever is less.
Ord. No. 2006-34 P & Z § II, add Section (1)(e)(i) and (1)(e)(iii), 9-18-06
2.03 Article V, Entitled “Supplementary District Regulations” of Chapter 13, entitled
“Zoning”, of the Code of Ordinances of the Town of Trophy Club, is hereby amended, so
that Section 5.03 entitled “Accessory Structures and Uses”, Subsection D, Entitled
“Location” is hereby amended to be and read in its entirety as follows:
D. Location: There shall be no accessory structures located in any front yard or side
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yards, with the exception of a flag pole and signs, as defined by this article.
Accessory structures erected ten (10) feet or closer to the principle building shall be
considered to be attached and part of the primary structure for calculating total square
feet under roof and shall comply with the setback lines established for that zoning
district. If the total square feet under roof (including said accessory structures) exceed
7,500 sq. ft., then the entire new accessory structure must be protected with a
sprinkler system. In a case where more than one accessory structure is on the same
lot, each structure shall have a minimum ten (10) foot separation between them. A
swimming pool is permitted to be located closer than ten (10) feet to the principle
building. If the waters edge of a swimming pool, or any accessory structure that is
excavated for foundation footing, is located six (6) feet or closer to the primary
dwelling, an engineer’s letter, stamped by all applicable engineers, stating the
excavation will not in any way harm the structural integrity of the primary dwelling, will
be required at the time of plan submittal. Notwithstanding the foregoing, accessory
structures are only allowed if they comply with the zoning regulations in the district in
which they are located.
2.04 Article V, Entitled “Supplementary District Regulations” of Chapter 13, Entitled
“Zoning”, of the Code of Ordinances of the Town of Trophy Club, is hereby amended, so
that Section 5.03 entitled “Accessory Structures and Uses”, Subsection F., Entitled
“Design Criteria”, Subsection (1) is hereby amended to be and read in its entirety as
follows:
F. Design Criteria: All accessory structures shall conform to the following design criteria:
1. The exterior surfaces of all accessory structures shall be consistent with the
regulations as specified by the applicable zoning district. However, accessory
structures that are normally constructed in such a manner that masonry exterior
surfaces are neither practical nor appropriate are excluded from the masonry
requirements, including but not be limited to gym sets, playhouses,
greenhouses, pergolas, arbors, and outdoor kitchens.
2. Open-air structures, such as gazebos and pavilions, are permitted to be
constructed with an aluminum material so long as that material resembles wood-
like construction and such material has been approved by the Town’s Planning
and Zoning Coordinator.
(Ord. No. 2005-09 P&Z § II, 5-2-05, Repealed by Ord. No. 2005-14 P&Z, § II, 6-6-05)
SECTION 3.
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
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Dollars ($2,000.00), and a separate offense shall be deemed committed each day
during or on which a violation occurs or continues.
SECTION 4.
SAVINGS
That all rights and remedies of the Town of Trophy Club are expressly saved to
any and all violations of the provisions of any Ordinance affecting accessory structures
which have accrued at the time of the effective date of this Ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether pending in
court or not, under such Ordinances, same shall not be affected by this Ordinance but
may be prosecuted until final disposition by the courts.
SECTION 5.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall not
repeal any of the provisions of such Ordinances except for those instances where there
are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in
force at the time this Ordinance shall take effect and that are inconsistent with this
Ordinance are hereby repealed to the extent that they are inconsistent with this
Ordinance. Provided however, that any complaint, action, claim or lawsuit which has
been initiated or has arisen under or pursuant to such Ordinance on the date of
adoption of this Ordinance shall continue to be governed by the provisions of that
Ordinance and for that purpose the Ordinance shall remain in full force and effect.
SECTION 6.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of this Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of
the Texas Local Government Code.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
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The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance as required by the Town Charter and state law.
SECTION 9.
EFFECTIVE DATE
That this Ordinance shall be in full force and effect from and after its date of
passage, in accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 8th day of September, 2008.
Mayor, Nick Sanders
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Lisa Hennek, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams,Town Attorney
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-8-2008
Subject: Agenda Item No.D.1
Discuss and take appropriate action regarding the review of the Town's
FY2008-09 Proposed Budget and tax rate.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(smd)
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-8-2008
Subject: Agenda Item No.D.2
Discuss and take appropriate action regarding an Amendment to Planned
Development No. 25 (PD-25), Ordinance 2006-39, Exhibit 5.6 "Sign Criteria"
for Value Place Hotel located at 306 Trophy Branch, Trophy Club, Texas.
RECOMMENDATION: Approval of amendments to PD-25 Sign Criteria for Value Place
Hotel signage.
(ch)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-8-2008
Subject: Agenda Item No.D.3
Discuss and take appropriate action regarding an Amendment to the Code
of Ordinances of the Town of Trophy Club, Chapter 13-Zoning, Article II,
Section 2.02 and Article V, Section 5.03 amending and adopting new
definitions and regulations affecting accessory structures, affecting design
criteria, and other related provisions. (ADM-08-029)
RECOMMENDATION: Approval of amendments to Chapter 13-Zoning regarding
accessory structures.
(ch)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-8-2008
Subject: Agenda Item No.D.4
Report from Planning and Zoning Commission Chairman, Gene Hill, on
review by the Planning and Zoning Commission regarding changes to
Trophy Club Zoning Ordinance for Planned Development No. 25 (PD-25),
and changes to Building Code Ordinances, as suggested by Two (2) Hanna
Ct. residents; and discussion of same.
COUNCIL DIRECTIVE: Several months ago, the Town Council directed Staff to pursue
bids for a revision to the Comprehensive Land Use Plan, which would involve
reassessment of the future uses of all vacant land. Two bids were obtained, both in the
$70,000+ range, which Council determined was not financially feasible at this time.
Council then directed review of Hanna Ct. residents’ suggestions by the Planning and
Zoning Commission for comment to the Council.
The Planning and Zoning Commission reviewed four pages of suggested changes to
PD-25 from Ms. Forgan, a Hanna Ct. resident, and 56 pages of suggested changes to
building codes from Mr. Kaler, a Hanna Ct. resident. In order to conduct a thorough
review, the Planning and Zoning Commission members also received copies of the
following Town Ordinances: PD-25 Regulations (17 pages), PD-26 Development
Standards (8 pages), Chapter 8-Nuisances, Article I, Section 1.01 (6 pages), and the
Comprehensive land Use Plan (53 pages). The Town Ordinances have not been
included in this packet, but copies are available from the Planning Department.
Ms. Forgan Suggested Changes: Ms. Forgan suggests limiting the uses of Planned
Development No. 25 (PD-25), Trophy Wood Business Center, and PD-26, Trophy Club
Physician’s Hospital, to offices, art studio, art supply store, bakery, book store, cards &
gifts shop, florist, ice cream shop, sit-down restaurant, shoe repair shop, tailor shop,
and travel agency. Ms. Forgan suggests restaurants such as Jason’s Deli, Luby’s
Cafeteria and The Bakery Café. Ms. Forgan suggests that a library would be an
appropriate use on this property. Ms. Forgan would like to see the retail stores and
restaurants surrounded by a fountain area with walking paths, benches, drinking
fountains, and trees.
Uses Currently Allowed by Ordinance for PD-25: PD-25 was approved by the Town
Council on December 2, 2002 (Ordinance No. 2002-41 P&Z), creating nine tracts of
land, each tract with designated uses. The attached concept plan shows the division of
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tracts, and the attached development standards explain the uses that are allowed on
each tract.
All tracts are currently vacant except Tract 5 where a Value Place Hotel was built in
2007, as allowed by the uses approved by the Town Council on December 2, 2002.
Hotel uses are also allowed on Tracts 7 and 9 (as approved by the Town Council on
December 2, 2002). Hampton Inn has made an official submittal for a replat of Lot 7,
and a hotel entity has shown interest in Tract 9.
Tracts 1, 2, 3 and 4, which are located along State Highway 114 frontage, are
designated for “retail” uses, along with Tract 8, which is located at the northeast corner
of Trophy Wood Drive and Plaza Drive. The use list for these tracts is attached, as
established by Town Council approval On December 2, 2002.
Tract 6 is immediately south of Jamie Ct. and is approved for office uses; those uses
are noted with an asterisk (*) on the attached use list.
Uses Currently Allowed by Ordinance for PD-26: On December 1, 2003, the Town
Council approved Ordinance No. 2003-29 P&Z, creating a zoning district for PD-26 as a
general hospital use.
Both PD-25 and PD-26 are privately owned.
Mr. Kaler Suggested Changes: Mr. Kaler suggests four changes to Town building
codes and regulations:
1. Noise ordinance, Chapter 8, Article 1, Section 1.01. Mr. Kaler suggests that
adopting the attached “Model Municipal Noise Ordinance” will add clarity of
specific sound levels as measured against the dba scale. Once adopted, Mr.
Kaler suggests amending all PD ordinances to include specific reference to the
enhanced ordinance.
2. Adopting a city policy for lighting that references “Illumination Engineering
Society of North America” requirements. In addition, Mr. Kaler suggests adopting
certain design principles regarding photometrics.
3. Adopt a comprehensive sign ordinance such as used in the City of Frisco, Texas.
A copy of Frisco’s sign regulations are attached.
4. Amend the energy code to require either the Energy Star rating or the basic
LEED-NC certification from the U.S. Green Building Council as a mandatory
minimum requirement for all new commercial construction in the Town.
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PLANNING AND ZONING COMMISSION COMMENTS: The Planning and Zoning
Commission conducted a review and discussion of this item on August 21, 2008 and
made the following comments:
• Consideration of changes to zoning should be part of the Comprehensive Land
Use Plan update, but requires a detailed study comparing our current uses to
suggested changes, while honoring private ownership rights.
• Lighting codes appear to be good and strict.
• Noise codes possibly could use review.
• Energy codes should be reviewed; can the Town be “greener”.
• Changes to the Town building codes should be done through a detailed study by
appropriate certified reviewers, just as a review of the Comprehensive Land Use
Plan should be conducted by professional planners.
A transcription of the minutes from the August 21 P&Z meeting is included as an
attachment.
(ch)
Attachments: Excerpt - Planning & Zoning Commission Minutes, August 21, 2008
Ms. Forgan Suggestions (4 pages)
Mr. Kaler Suggestions (56 pages)
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C.3 REVIEW AND COMMENT TO TOWN COUNCIL REGARDING CHANGES TO
TROPHY CLUB ORDINANCES AS SUGGESTED BY TWO (2) HANNA CT.
RESIDENTS.
Chairman Hill stated that the purpose of this agenda item is to review and comment on
suggestions made by two Hanna Ct. residents regarding changes to Trophy Club
ordinances. Council directed staff to pursue bids for a revision to the Comprehensive
Land Use Plan which would involve reassessment of the future uses of all vacant land.
Two bids were obtained, both in the $70,000+ range, which Council determined was not
financially feasible at this time. Council then directed review of the Hanna Ct. residents’
suggestions by the Planning and Zoning Commission for comment to the Council.
Ms. Huggins stated that the Commission is not making recommendations or taking any
action, but should provide “comment” to the Council regarding these suggested
changes to zoning regulations and building codes.
Chairman Hill asked Ms. Forgan for her comments. Ms. Forgan stated that the notice
she sent to the P&Z Coordinator lists only a few suggestions that she made for this
development; it did not list all of her suggested uses. She stated that she would like to
see a retirement community like the Conservatory in Keller. She has given Councilman
Moss information she obtained from the Conservatory. She stated that she took
pictures of different areas that are pleasing and pleasant and attractive and gave those
to Councilman Moss. She stated that there are many senior citizens living in Trophy
Club who have been here for 25 years and would like to stay in Trophy Club but the
Town is losing them to Southlake and Keller because there is no housing available in
Trophy Club that allows them to downsize to a retirement community like the
Conservatory. Ms. Forgan stated that there is a great need in this Town for a
Community Center. There is no place in this Town to have a meeting. The Country
Club charges $300. She stated that they have to go to Southlake to Central Market.
She would like to see a Community Center in the PD-25 development where meetings
could be held, crafts taught, game rooms, and a book exchange in lieu of a library. She
stated that she also included in her letter 17 uses that were disapproved by her
Homeowner’s Association. She stated that she was informed that zoning and
ordinances are package deals and we can’t change one without the other. She would
like to see lighting, signage and landscaping made stricter to avoid getting something
we don’t want. She also wanted to know if anyone is soliciting retailers for this site. It is
her understanding that the Town has nothing to market itself. “Do we just sit around
and wait for someone to express interest to go out and build something out there or do
we go out and find desirable developments? Do we just sit back and wait and then get
something like Value Place and then we all bite our nails and scream and cry. What
can we do to prevent this ahead of time?” Ms. Forgan stated that the residents of
Hanna and Jamie Cts. have sent in a list of approved and unapproved uses for this land
so she wants to know where they go from here?
Chairman Hill stated that the PD-25 land is privately owned and the Town cannot dictate
to the property owner what he can bring in other than what is approved by the PD
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ordinance. As long as he brings in something that is allowed by the PD, staff has to
consider it. If he brings in something that is not allowed by the PD, then he must
convince the Planning & Zoning Commission and Town Council that it would be a
worthwhile project.
Councilman Moss, sitting in the audience, asked Chairman Hill for permission to make a
few comments. He stated that a Community Center is in part of the 10-year Park plan.
He stated that there is an area, designated for a Community Center, in Northwest Park.
He stated that the latest estimate for such a Center is $8 million and the Town doesn’t
have that. If ever there is enough money, or the residents can come up with that much
in increased taxes and would vote for it, then a Community Center is a possibility.
Councilman Moss stated an arrangement with NISD will allow the Byron Nelson High
School library to be available to the residents of Trophy Club. The library is being
isolated from the rest of the school building so that residents can have access to it.
Councilman Moss also stated that there isn’t a lot of commercially zoned property left in
Trophy Club and everyone has learned the importance of sales tax revenue and EDCB,
along with the Town, has spent $60,000 for a Buxton study, which is a study of all the
known commercial businesses that might have an interest in Trophy Club. A number
have been contacted. Some have expressed interest. Nothing firm has happened yet,
but $60,000 was spent on a study to try to attract commercial business to Trophy Club.
Councilman Moss stated that the Assistant Town Manager works with any potentials to
bring business into the Town. He stated that the taxable land lost during the past year
for Byron Nelson High School and the parks designated land has cost the Town $10
million in taxable land which has not helped the Town’s overall situation.
Commissioner Ashby stated that Ms. Forgan’s and Mr. Kaler’s suggestions are good.
He believes that many are already addressed within the ordinances and PD.
Commissioner Reed stated that the property owner has the right to build according to
the current zoning uses, and the staff and this Commission doesn’t have control, from
any legal standpoint, to change the approved uses on the tracts of PD-25. Regarding
code changes, Commissioner Reed believes the Town has done well over the years
with the existing codes. There are a lot of codes in the Frisco sign ordinance, some
quite good, and some that probably wouldn’t fit our particular situation, but he believes
the Town consultants would have to give it a detailed look and comparison in order to
know whether or not making changes would be reasonable to do. Without a
recommendation from a detailed study, he stated that he is reluctant to make comments
regarding changing our codes.
Commissioner Sheridan stated that regarding zoning it has already pretty much been
established what is available and that it is under private ownership that must be
honored. He stated that a retirement area of townhomes, over 55, is planned and
zoned in the Highlands. Commissioner Sheridan stated that the Community Center and
marketing have been addressed by Councilman Moss. Commissioner Sheridan stated
that he would object to any public use of any remaining vacant land as it would take it
off the tax roll. Regarding building codes, he would suggest that the lighting codes are
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good, and strict. He is open to reviewing the noise code, but would defer to experts on
that. He believes that energy usage, the new energy codes, and the new LEEDS,
especially on commercial buildings where it is currently very fad-ish to utilize it and build
that way, should be considered. He doesn’t advocate spending money on an outside
consultant, but suggests a review of the energy codes to be more green oriented.
Chairman Hill commented on the current suggestions in regard to the Comprehensive
Land Use Plan, stating that the Council’s actions since the Town’s incorporation in 1985
shows that the Council has adhered to a primary goal of maintaining the residential
character of the Town. He stated that the Council has restricted and zoned commercial
development primarily to frontage of Highway 114 and the main entrances to the Town.
Regarding PD-25, there has been one development on the property with 8 vacant
tracts, with Town staff presently considering one other development on one of the
vacant tracts in accordance with the current zoning allowed on the property.
In summary of the Commissioners discussion:
• Consideration of changes to zoning should be part of the Comprehensive Land
Use Plan update, but requires a detailed study comparing our current uses to
suggested changes, while honoring private ownership rights.
• Lighting codes appear to be good and strict.
• Noise codes possibly could use review.
• Energy codes should be reviewed; can the Town be “greener”.
• Changes to the Town building codes should be done through a detailed study by
appropriate certified reviewers, just as a review of the Comprehensive Land Use
Plan should be conducted by professional planners.
Chairman Hill added that in looking at a review of Town ordinances to incorporate more
comprehensive sign, noise, or lighting ordinances is beyond the scope of the
Commission and rightly should be examined by staff and professional consultants prior
to consideration by this Commission and the Town Council for modifying the ordinances
involved. Chairman Hill stated that if the Council wishes to direct the Planning & Zoning
Commission to work with professional consultants and advisers they should so advise
and provide funding.
Commissioner Reed added a final comment to Ms. Forgan that he does appreciate her
recommendations although the Planning & Zoning Commission must abide by the
current regulations when reviewing developments and if those developments meet all
regulations the Commission has no recourse other than to approve the development.
He likes her suggestions of fountains and walking paths, and maybe a developer will
come along who will take the suggestions and incorporate it into a development.
Ms. Huggins stated that this item will be heard by the Town Council on September 8,
2008.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-8-2008
Subject: Agenda Item No.D.5
Discuss and take appropriate action regarding a Resolution accepting a
Service and Assessment Plan for authorized services (Emergency
Services) for the Town Of Trophy Club Public Improvement District No. 1
(The Highlands At Trophy Club); setting a date for a public hearing;
authorizing the publication of notice; enacting other related provisions;
and providing an effective date.
EXPLANATION:
The following are the procedures and time lines for the levying of assessments for
emergency services.
Sep 08, 2008 Accept Draft Assessment Roll & Order Hearing
• The Town Secretary will publish notice of the governing body's intention to
consider the proposed assessments at a public hearing in a newspaper of
general circulation in the municipality or county before the 10th day before the
date of the hearing.
• The notice will state: (1) the date, time, and place of the hearing; (2) the general
nature of the improvement; (3) the cost of the improvement; (4) the boundaries of
the assessment district; and (5) provide that written or oral objections will be
considered at the hearing.
• When the assessment roll is filed, the Town secretary will mail a notice of hearing
to the owners of property liable for assessment. The notice must contain the
information required by law for the published notices and the Town Secretary will
mail the notice to the last known address of the property owner. The failure of a
property owner to receive notice does not invalidate the proceeding.
Sep 12, 2008 Notice of Public Hearing Published
Sep 22, 2008 Public Hearing Held; Ordinance providing for levy of Assessment
• The Town Council will hear and pass on any objection to the proposed
assessment. The Town Council may amend a proposed assessment on any
parcel.
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• After all objections have been heard and the Council has passed on the
objections, the governing body by ordinance or order shall levy the assessment
as a special assessment on the property. The Town Council by ordinance will
specify the method of payment of the assessment. The Town Council may
provide that assessments be paid in periodic installments.
RECOMMENDATION:
ACTION BY COUNCIL: Review of the Service and Assessment Plan and passage of
the Resolution accepting the Service and Assessment Plan for Emergency Services
and ordering the notices and public hearing for September 22, 2008.
(smd)
Attachments: 1. Service and Assessment Plan: Authorized Services For Authorized
Services
2. Notice of Public Hearing
3. Resolution
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SERVICE AND ASSESSMENT PLAN FOR AUTHORIZED SERVICES
(Will Be Provided Prior To Council Meeting)
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TOWN OF TROPHY CLUB
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT a public hearing will be conducted by the
Town Council of the Town of Trophy Club, Texas on the 22th day of September, 2008
at 7:00 p.m. at the Svore Municipal Building at 100 Municipal Drive, Trophy Club,
Denton County, Texas 76262. The public hearing will be held to consider proposed
assessments to be levied against the assessable property within THE TOWN OF
TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 (the “District”) pursuant to
the provisions of Chapter 372 of the Texas Local Government Code, as amended.
The general nature of the improvements is emergency services (the “Authorized
Services”), including, without limitation, fire suppression and control, inspection
services, arson investigations, hazardous material response, search and rescue,
emergency recovery and extraction, pre-hospital medical stabilization or transportation
of persons who are sick, injured, wounded, or otherwise incapacitated or helpless
including basic life support ambulance services, advanced life support ambulance
services, air ambulance services, and quick-response unit services provided by the
Town.
The total annual cost of the Authorized Services is approximately $_________
(to be determined).
The boundaries of the District are described in Exhibit A attached hereto and
made a part hereof for all purposes.
All written or oral objections will be considered at the public hearing.
A copy of the Service and Assessment Plan for Authorized Services and
proposed Assessment Roll, which includes the assessments to be levied against each
parcel in the District, is available for public inspection at the office of the Town
Secretary, Town of Trophy Club, at 100 Municipal Drive, Trophy Club, Texas 76262.
WITNESS MY HAND AND THE OFFICIAL SEAL OF THE TOWN, this 8th day of
September, 2008.
/s/ Lisa Hennek ___________________
Town Secretary
Town of Trophy Club, Texas
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RESOLUTION NO. 2008 - ___
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS ACCEPTING A SERVICE AND ASSESSMENT
PLAN FOR AUTHORIZED SERVICES FOR THE TOWN OF TROPHY
CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 (THE HIGHLANDS AT
TROPHY CLUB); SETTING A DATE FOR A PUBLIC HEARING;
AUTHORIZING THE PUBLICATION OF NOTICE; ENACTING OTHER
PROVISIONS RELATING THERETO; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on March 16, 2007, the Town received a petition meeting the
requirements of Sec. 372.005 of the Public Improvement District Assessment Act (the
“Act”) requesting the creation of a public improvement district over a portion of the area
of the Town to be known as The Town of Trophy Club Public Improvement District No.
1(the “District”); and
WHEREAS, the petition contained the signatures of the owners of taxable
property representing more than fifty percent of the appraised value of taxable real
property liable for assessment within the District, as determined by the then current ad
valorem tax rolls of the Denton Central Appraisal District and the signatures of property
owners who own taxable real property that constitutes more than fifty percent of the
area of all taxable property that is liable for assessment by the District; and
WHEREAS, on May 7, 2007, after due notice, the Town Council of the Town (the
“Town Council”) held the public hearing in the manner required by law on the
advisability of the Improvement Projects and services described in the petition as
required by Sec. 372.009 of the PID Act and made the findings required by Sec.
372.009(b) of the PID Act and, by Resolution No. 2008-08, adopted by a majority of the
members of the Town Council, authorized the District in accordance with its finding as
to the advisability of certain public improvement projects and services; and
WHEREAS, on May 18, 2007, the Town published notice of its authorization of
the District in the Trophy Club Times, a newspaper of general circulation in the Town;
and
WHEREAS, no written protests of the District from any owners of record of
property within the District were filed with the Town Secretary within 20 days after
May 18, 2007; and
WHEREAS, on May 21, 2007, the Council adopted a resolution (the “Cost
Resolution”) determining the total costs of the District improvements, directing the filing
of a proposed assessment roll, and directing related action; and
WHEREAS, pursuant to Sections 372.013 and 372.014 of the PID Act, the Town
Council has directed the preparation of a Service and Assessment Plan for Authorized
Services for the District (the “Plan”), such Plan is attached hereto as Exhibit B, covers a
period of at least five years, and defines the annual indebtedness and the projected
costs of the Authorized Services, as identified and defined in the Plan; and
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WHEREAS, the Plan includes an assessment plan that apportions the cost of the
Authorized Services to be assessed against property in the District and such
apportionment is made on the basis of special benefits accruing to the property because
of the Authorized Services; and
WHEREAS, after determining the total cost of the Authorized Services, the Town
Council directed the preparation of an Assessment Roll that states the assessment
against each parcel of land in the District and such Assessment Roll is attached to and
a part of the Plan; and
WHEREAS, the Town Council notes that the Plan and Assessment Roll may be
amended with such changes as the Town Council deems appropriate before such Plan
and Assessment Roll are adopted as final by the Town Council; and
WHEREAS, the Town has determined to call a public hearing regarding the levy
of assessments pursuant to the Plan and the Assessment Roll pursuant to
Section 372.016 of the Act; and
WHEREAS, the Town desires to publish notice of a public hearing to adopt the
Plan and Assessment Roll in order to provide notice to all interested parties of the
Town’s proposed levy of assessments against property in the District, pursuant to
Section 372.016 of the Act; and
WHEREAS, the Town desires to file the Plan and Assessment Roll with the
Town Secretary such that they are available for public inspection pursuant to
Section 372.016 of the Act; and
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
Section 1. Findings. The findings and determinations set forth in the
preambles hereto are hereby incorporated by reference for all purposes.
Section 2. Calling Public Hearing. The Town Council hereby calls a public
hearing (the “Public Hearing”) for 7:00 p.m. on September 22, 2008 at the regular
meeting place of the Town Council of the Town of Trophy Club, Texas, Svore Municipal
Building, 100 Municipal Drive, Trophy Club, Texas, to consider approving the Plan, with
such changes and amendments as the Town Council deems necessary, and the
Assessment Roll with such amendments to the assessments on any parcel as the Town
Council deems necessary. After all objections made at such hearing have been heard,
the Town Council may (i) levy the assessments as special assessments against each
parcel of property in the District as set forth in the proposed Plan and Assessment Roll;
(ii) specify the method of payment of the assessment, and (iii) provide that assessments
be paid in periodic installments. Notice of the hearing setting out the matters required
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by Section 372.016 of the Act shall be given by publication at least eleven (11) days
before the date of the hearing, in a newspaper of general circulation in the Town.
Notice of such hearing shall also be given by the mailing of a copy of the notice
containing the information required by Section 372.016(b) of the Act at least eleven (11)
days prior to the hearing to the current address of each owner of property liable for an
assessment in the proposed Assessment Roll as reflected on the tax rolls of the Denton
Central Appraisal District. All residents and property owners within the District, and all
other persons, are hereby invited to appear in person, or by their attorney, and contend
for or contest the Plan and the Assessment Roll, and the proposed assessments and
offer testimony pertinent to any issue presented on the amount of the assessments,
purpose of the assessments, special benefit of the assessments, and the costs of
collection and the penalties and interest on delinquent assessments. At or on the
adjournment of the hearing conducted pursuant to Section 372.016 on the proposed
assessments, the Town Council must hear and pass on any objection to a proposed
assessment. The Town Council may amend a proposed assessment on any parcel.
The failure of a property owner to receive notice does not invalidate the proceeding.
Section 3. Publication of Notice. The Town Council hereby directs Town Staff
to cause the publication of notice of the Public Hearing substantially in the form
attached as Exhibit A; such publication to occur before the 10th day before the date of
the hearing.
Section 4. Conduct of Public Hearing. The Town Council shall convene at the
location and at the time specified in the notice described above for the public hearing
and shall conduct the public hearing in connection with its approval of the Plan and the
Assessment Roll and the levy of the proposed assessments, including costs of
collection and penalties and interest on delinquent assessments. At such public hearing,
the Town Council will hear and pass on any objections to the Plan and the Assessment
Roll and the levy of the proposed assessments (which objections may be written or
oral). At or on the adjournment of the hearing, Council may amend a proposed
assessment on any parcel. After all objections, if any, have been heard and passed
upon, the Town may (i) levy the assessments as special assessments against each
parcel of property in the District as set forth in the Plan and Assessment Roll, (ii) specify
the method of payment of the assessment, and (iii) provide that the assessments be
paid in periodic installments.
Section 5. Filing of Plans and Assessment Roll. The Plan and Assessment
Roll shall be filed in the office of the Town Secretary and be made available to any
member of the public who wishes to inspect the same.
Section 6. Effective Date. This Resolution shall become effective upon its
passage in accordance with law.
PASSED AND APPROVED this 8th day of September, 2008.
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________________________________
Nick Sanders, Mayor
ATTEST:
________________________________
Lisa Hennek, Town Secretary
APPROVED AS TO FORM:
________________________________
Patricia A. Adams, Town Attorney
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EXHIBIT A
TOWN OF TROPHY CLUB
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT a public hearing will be conducted by the
Town Council of the Town of Trophy Club, Texas on the 22th day of September, 2008
at 7:00 p.m. at the Svore Municipal Building at 100 Municipal Drive, Trophy Club,
Denton County, Texas 76262. The public hearing will be held to consider proposed
assessments to be levied against the assessable property within THE TOWN OF
TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 (the “District”) pursuant to
the provisions of Chapter 372 of the Texas Local Government Code, as amended.
The general nature of the improvements is emergency services (the “Authorized
Services”), including, without limitation, fire suppression and control, inspection
services, arson investigations, hazardous material response, search and rescue,
emergency recovery and extraction, pre-hospital medical stabilization or transportation
of persons who are sick, injured, wounded, or otherwise incapacitated or helpless
including basic life support ambulance services, advanced life support ambulance
services, air ambulance services, and quick-response unit services provided by the
Town.
The total annual cost of the Authorized Services is approximately $________ (to
be determined).
The boundaries of the District are described in Exhibit A attached hereto and
made a part hereof for all purposes.
All written or oral objections will be considered at the public hearing.
A copy of the Service and Assessment Plan for Authorized Services and
proposed Assessment Roll, which includes the assessments to be levied against each
parcel in the District, is available for public inspection at the office of the Town
Secretary, Town of Trophy Club, at 100 Municipal Drive, Trophy Club, Texas 76262.
WITNESS MY HAND AND THE OFFICIAL SEAL OF THE TOWN, this 8th day of
September, 2008.
/s/ Lisa Hennek___________
Town Secretary
Town of Trophy Club, Texas
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EXHIBIT A
BOUNDARIES
The District includes approximately 435 acres located within the corporate limits
of the Town of Trophy Club, Denton County, Texas. The District is located at the
northeast, southeast and southwest corners of the intersection of State Highway 78 and
State Highway 205 and south of Farm to Market Road 2755 between County Road 483
and County Road 484. The District is more particularly described by metes and bounds
available for inspection at Town Hall, 100 Municipal Drive, Trophy Club, Texas 76262.
For more information call (682) 831-4600.
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EXHIBIT B
SERVICE AND ASSESSMENT PLAN FOR AUTHORIZED SERVICES
(Will Be Provided Prior To Council Meeting)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-8-2008
Subject: Agenda Item No. D.6
Discuss and take appropriate action regarding the First Modification to the
Funding and Development Agreement between the Town and Centurion
Acquisitions LP for Road and Utility Improvements to Northwest Parkway
Proposed Connector Road.
EXPLANATION:
The purpose of this modification is to allow Centurion American to be reimbursed for
costs associated with the design engineering services. Under the Interlocal Agreement
between the Town of Trophy Club, Roanoke, Northwest ISD, and Denton County, all
engineering services are included in the amounts approved by each entity. Upon
acceptance of the design plans, the Town as paying agent will reimburse Centurion for
each entity’s proportionate share of funds as agreed upon in the Interlocal Agreement.
RECOMMENDATION:
Approve the First Modification to the Funding and Development Agreement
ACTION BY COUNCIL:
(bse)
Attachments: 1. Agreement
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§ First Modification of the Funding and
§ Development Agreement by and between the
THE STATE OF TEXAS § Town of Trophy Club, Texas and Centurion
§ Acquisitions, LP, for Road and Utility
COUNTY OF DENTON § Improvements to Northwest Parkway Proposed §
Connector Road
THIS First Modification of the Funding and Development Agreement For Road and Utility
Improvements to Northwest Parkway Proposed Connector Road dated May 19, 2008
(hereinafter “Agreement”) by and between Centurion Acquisitions, LP, a Texas Limited
Partnership, and Owner and Developer of the Highlands at Trophy Club (hereinafter
“Centurion”) and The Town Of Trophy Club, Texas, a home rule municipality (hereinafter
“Town”), is made and entered into on this the 8th day of September, 2008, by and between
Centurion and Town, (hereinafter “First Modification”).
W I T N E S S E T H :
WHEREAS, Town and Centurion entered into the Agreement on or about June 2, 2008; and
WHEREAS, Contemporaneously with the execution of the Agreement, Town entered into an
interlocal cooperation agreement with Denton County, Northwest Independent
School District, and the City of Roanoke for the construction of certain road and
utility improvements to the Northwest Parkway proposed connector road
(hereinafter “Interlocal Agreement”); and
WHEREAS, Under the Interlocal Agreement, Town serves as Paying Agent and therefore,
collects funds from all parties and pays the expenses due under the Interlocal
Agreement; and
WHEREAS, The parties to the Interlocal Agreement accepted the obligation to pay certain
designated percentages of the design engineering fees incurred for the road and
utility improvements being constructed under that Interlocal Agreement; and
WHEREAS, In August, 2008, Centurion requested that the Town modify the Agreement to
provide for the collection and payment to Centurion of a certain portion of the
design engineering fees collected by Town in its capacity as Paying Agent under
Section 3 of the Agreement and under the Interlocal Agreement; and
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WHEREAS, Town Council considered Centurion’s request and has agreed to this First
Modification memorializing the change to the Agreement terms as more fully set
forth in this First Modification; and
NOW THEREFORE, IN CONSIDERATION of the foregoing, and for other good and valuable
consideration, the parties hereto agree as follows:
I.
Incorporation of Agreement
The Agreement is incorporated herein as if written word for word. Except as provided
below, all other terms and conditions of the Agreement shall remain unchanged and shall
remain in full force and effect. In the event of any conflict or inconsistency between the
provisions set forth in this First Modification and the Agreement, priority of interpretation shall be
in the following order: First Modification; Agreement.
II.
Modification of Agreement
Effective as of the day and year first written above, Section 2 of the Agreement entitled
“Construction of Improvements” is hereby modified to add Section 2.03 entitled “Third Party
Reimbursement for Plans and Specifications” to be and read in its entirety as follows:
2.03 Third Party Reimbursement for Plans and Specifications. Centurion shall
submit invoices for design engineering services (hereinafter “Engineering
Services”) paid by Centurion for Segments 2, 4, 6, and 7 of the Project
(hereinafter “Segments”). Upon Town’s receipt and approval of invoices for
the Engineering Services for the Segments, Town shall, in its capacity as
Paying Agent under Section 3 of this Agreement and under the Interlocal
Agreement, reimburse Centurion in accordance with this Section. Within
thirty (30) days after Town’s approval of such invoices, Town shall reimburse
Centurion for the proportionate share of the costs due from Roanoke and
NISD for Engineering Services for the Segments in accordance with the
Interlocal Agreement and as identified in Exhibit “C”. Town’s obligation
hereunder to reimburse Centurion for Engineering Services shall be limited to
the cost actually paid by Centurion for those Engineering Services for the
Segments and approved by Town, shall not exceed the amounts set forth in
Exhibit “C” for the respective proportionate share of the costs of Roanoke and
NISD for Engineering Services for their respective Segments, and shall under
no circumstance exceed the amount actually collected by Town from
Roanoke and NISD under the Interlocal Agreement. It is expressly
understood by the parties that reimbursement from Town to Centurion in
accordance with this Section is being done pursuant to the Town’s authority
as Paying Agent under Section 3 of this Agreement and under the Interlocal
Agreement, and that by reimbursing Centurion, Town is only passing through
funds collected from third parties under the Interlocal Agreement and is not
independently obligated to reimburse Centurion from Town funds for
Engineering Services for the Segments.
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IN WITNESS WHEREOF, the parties enter into this First Modification on the date first written
above.
TOWN OF TROPHY CLUB, TEXAS
BY: ______________________________
Nick Sanders, Mayor
ATTEST:
_________________________________
Lisa Hennek, Town Secretary
APPROVED AS TO FORM:
_________________________________
Patricia A. Adams, Town Attorney
CENTURION ACQUISITIONS, LP
BY: ______________________________
ATTEST:
_________________________________
APPROVED AS TO FORM:
_________________________________
Attorney for Centurion
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-8-2008
Subject: Agenda Item No.D.7
Discuss and take appropriate action regarding an Ordinance approving the
change in the Tariffs for Atmos Energy Corporation, Mid-Tex Division, as a
result of the settlement agreement between Atmos and the Atmos Texas
Municipalities; finding the adopted rates to be just and reasonable; and
providing an effective date.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(bse)
Attachments: 1. Agenda Information
2. Ordinance
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AGENDA INFORMATION SHEET
BACKGROUND
In February and March, the Atmos Texas Municipalities (“ATM”) agreed to increase
rates by less than 20% of what was requested by Atmos. In connection with that
settlement, ATM also agreed to a new regulatory regime known as the “Rate Review
Mechanism” or “RRM.” The first RRM is to be implemented on October 1, 2008. In
April, Atmos filed its first RRM request. The request sought to increase rates by
approximately $42 million. ATM’s consultants have undertaken extensive discovery as
well as interviewing key management personnel with rate case responsibilities.
Recently our experts along with the Chair of ATM’s Steering Committee, Mr. Jim Finley,
and Steering Committee member, Mr. Jeff Betty of San Angelo, met with the Atmos’
rate case team in Dallas. As a result of that meeting, Atmos agreed to reduce its
requested increase to $20 million.
RATE ADJUSTMENTS
Beginning October 1, 2008, rates will be adjusted in the following respects:
¾ Residential Customer charge will be reduced from $10.69 to $7.00/month.
¾ Small Commercial customer charge will be reduced from $20.28 to
$13.50/month.
¾ The typical residential bill will increase by 81 cents/month or by 1.38%
overall.
¾ The typical small commercial bill will increase by $2.93/month or by 0.77%
overall.
¾ The typical Industrial/Transportation customer will experience an increase
of approximately half a percent overall.
ENERGY CONSERVATION
A new energy conservation program aimed at customers of modest means will also take
effect on October 1, 2008. Qualified customers will receive up to two hundred dollars
($200.00) worth of caulking, weather stripping, sheathing, sealing, water heater blankets
and like materials.
RECOMMENDATION
The ATM Steering Committee recommends the adoption of the attached tariffs which
have been reviewed by its rate experts.
AMENDED ATMOS’ TARIFFS
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TOWN OF TROPHY CLUB
ORDINANCE NO. 2008 –
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS APPROVING A CHANGE IN THE TARIFFS OF
ATMOS ENERGY CORPORATION, MID-TEX DIVISION
(“ATMOS”) AS A RESULT OF A SETTLEMENT
BETWEEN ATMOS AND THE ATMOS TEXAS
MUNICIPALITIES (“ATM”); FINDING THE RATES SET BY
THE ATTACHED TARIFFS TO BE JUST AND
REASONABLE; PROVIDING FOR THE INCORPORATION
OF PREMISES; PROVIDING FOR THE ADOPTION OF
AMENDED TARIFFS AS SPECIFIED IN ATTACHMENT
“A” HERETO; PROVIDING THAT THE MEETING
COMPLIED AT WHICH THIS ORDINANCE WAS
ADOPTED COMPLIED WITH THE OPEN MEETINGS ACT
AND DECLARING AN EFFECTIVE DATE; PROVIDING A
SAVINGS AND REPEALER CLAUSE, PROVIDING FOR
SEVERABILITY; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; PROVIDING FOR DELIVERY OF THIS
ORDINANCE TO ATMOS AND LEGAL COUNSEL
WHEREAS, the Town of Trophy Club, Texas (“Town”) is a regulatory authority
under the Gas Utility Regulatory Act (“GURA”) and under § 103.001 of GURA has
exclusive original jurisdiction over Atmos Energy Corporation – Mid-Tex Division
(“Atmos”) rates, operations, and services of a gas utility within the municipality; and
WHEREAS, the Town has participated in prior cases regarding Atmos as part of
a coalition of cities known as the Atmos Texas Municipalities (“ATM”), including Railroad
Commission Gas Utilities (“GUD”) Docket No. 9400, numerous filings by Atmos
pursuant to Section 104.301 of GURA, GUD Docket No. 9670 and GUD Docket No.
9762; and
WHEREAS, on February 11, 2008, ATM and Atmos entered into a settlement
agreement which provided for a new mechanism to review changes in rates known as
the “Rate Review Mechanism” or “RRM” (hereinafter “Settlement Agreement”); and
WHEREAS, pursuant to the new regulatory mechanism Atmos filed for an
increase in rates of approximately forty-two million dollars ($42 million), to be effective
on October 1, 2008; and
WHEREAS, the RRM is a three-year experiment which is aimed at reducing rate
case expenses and encouraging a more collaborative effort at arriving at just and
reasonable gas rates; and
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WHEREAS, for over three months the experts representing ATM have been
analyzing data and interviewing Atmos’ management; and
WHEREAS, ATM’s experts have concluded that slightly less than half of the
amount requested by Atmos should be put into rates; and
WHEREAS, Atmos has agreed to reduce its requested increase in rates by more
than fifty percent (50%); and
WHEREAS, in connection with this first RRM, the customer charge for residential
customers will be reduced from $10.69 to $7.00, benefiting thousands of fixed income
and low-use customers; and
WHEREAS, in connection with the implementation of this rate request, an energy
conservation program will be instituted to benefit customers of modest means; and
WHEREAS, the Steering Committee of ATM and its lawyers recommend
approval of the attached tariffs, set forth as Attachment A.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1
Incorporation of Premises
The foregoing statements set out in the preamble to this Ordinance are hereby in
all things approved and adopted.
Section 2
Amended Tariffs Adopted
The amended tariffs in Attachment A are hereby adopted to become effective on
October 1, 2008. Attachment A is hereby incorporated into this Ordinance as if written
word for word. The proof of revenues in Attachment B, the average bill calculations, and
the document entitled “Rate Review Mechanism – 1st Year of Effective Period –
Allocation of Settlement Increase by Customer Class” has been relied upon in
connection with the adoption of the amended tariffs.
Section 3
Open Meeting / Effective Date
The meeting at which this Ordinance was approved was in all things conducted
in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551. This Ordinance shall become effective from and after its passage with
rates authorized by the Attached Tariffs to be effective in accordance with the law and
the terms of the Settlement Agreement.
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Section 4
Savings and Repealer
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting the Tariffs of Atmos Energy Corporation, Mid-Tex Division (“Atmos”) 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 5
Severability
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of 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 6
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 to comply with Section 7
of this Ordinance.
Section 7
Notice to Atmos
A copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Joe T.
Christian, Director of Rates, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite
1800, Dallas, Texas 75204, and to Jim Boyle, Counsel to ATM, at Herrera & Boyle,
PLLC, 816 Congress Avenue, Suite 1120, Austin, TX 78701.
PASSED AND APPROVED this 8th day of September, 2008.
_____________________________
Nick Sanders, Mayor
12
ATTEST:
__________________________________
Lisa Hennek, Town Secretary
[SEAL]
APPROVED AS TO FORM:
___________________________________
Patricia A. Adams, Town Attorney
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-8-2008
Subject: Agenda Item No.D.8
Discuss and take appropriate action regarding implementation of a "No-
Knock/No Trespass" policy or ordinance.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(Council member Wilson)
Attachments: 1. Handouts distributed by Council member Wilson at the August 21, 2008
meeting.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-8-2008
Subject: Agenda Item No.D.9
Discuss and take appropriate action regarding the nomination of one
person to serve on the Board of Directors of Denton County Transportation
Authority.
EXPLANATION:
The nomination form must be returned to the Denton County Commissioner’s Court on
or before September 20, 2008. Each properly nominated individual will have their name
placed on a ballot. Then, each city with a population of more than 500, but less than
17,000, will be entitled to cast one vote for an individual on the ballot. The three
individuals receiving the highest plurality vote, as a result of the ballots cast, will be
designated to serve on the Board of Directors of the Denton County Transportation
Authority.
To be eligible for nomination for election and appointment to the Board of Directors of
the Denton County Transportation Authority a person must have professional
experience in the field of transportation, business, government, engineering or law.
RECOMMENDATION:
Reappoint Bill Walker to the Denton County Transportation Authority.
ACTION BY COUNCIL:
Attachments: 1. Insert from October 16, 2006 Minutes
2. Letter from Judge Horn
3. Nomination Form
4. Request for reappointment nomination from William Walker
57
C.3 Discuss and take appropriate action regarding the nomination of one
person to serve on the Board of Directors of Denton County Transportation
Authority.
Mayor Sanders noted that this group meets on the forth Thursday of the month from 3-5
PM. Sanders spoke to the Directors whose term will be expiring stating that Bill Walker
is very active; he works at Hillwood, attends the NW Metroport, NW Community
Partnership and participates in the Regional Transportation Group and is a resident of
Roanoke.
Town Manager Emmons added that the individual Council nominates should have a
good transportation background in order to provide knowledgeable representation for
the Town.
Motion made by Edstrom, seconded by Lamont nominating Bill Walker.
Council member Edstrom knows Mr. Walker very well and explained that he is well
connected due to his job at Hillwood.
Mayor Pro Tem Williams asked if there were any other requests for nomination. Mayor
Sanders was not aware of any other requests and believes that Mr. Walker would do a
good job representing the Town due to his regional knowledge.
Motion passed unanimously without further discussion.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-8-2008
Subject: Agenda Item No.D.10
Discuss and take appropriate action regarding a Resolution amending the
Handbook for Elected and Appointed Officials by amending the section
entitled "Applicant Requirement for Boards or Commissions" setting forth
eligibility requirements for service.
EXPLANATION:
This amendment allows the Council the option of considering those applicants who are
interested and qualified in serving on the Town’s Boards and Commission but do not
meet the residency requirement.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Current Section on Applicant Requirement for Boards or Commissions
2. Recommendations from EDC 4B and Zoning Board of Adjustment to
appoint residents of less than six months to their respective board.
3. Resolution amending applicant residency requirements
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Applicant Requirement for Boards or Commissions
Applicants for boards or commissions must be registered voters and residents for six
months. Board and commission members must be Trophy Club residents for at least six
months as well as registered voters prior to their appointment. With the exception of the
Planning and Zoning Commission, Zoning Board of Adjustment and the Economic
Development Boards, based upon good cause shown, Council may waive the voter
registration requirement for a person appointed to a Board, Commission, or Citizen
Advisory Group that does not make recommendations for Council approval. The
technical expertise of applicants may be a consideration in gaining appointment.
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TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2008-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS, AMENDING RESOLUTION NO. 2006-29 ADOPTING A
BOARD, COMMISSION, COMMITTEE AND CITIZEN ADVISORY GROUP
HANDBOOK BY AMENDING THE SECTION ENTITLED “APPLICANT
REQUIREMENT FOR BOARDS OR COMMISSIONS” TO ELIMINATE THE
MINIMUM SIX MONTH RESIDENCY REQUIREMENT AS AN ELIGIBILITY
PREREQUISITE FOR SERVICE ON A BOARD, COMMISSION OR
COMMITTEE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town benefits by having its citizens involved in local government
through service on Town Boards, Commissions and Citizen Advisory Groups and has
established several boards, commissions and citizen advisory groups that perform
various functions for the Town; and
WHEREAS, on December 18, 2007, the Town Council approved Resolution No.
2006-29 which adopted the “Handbook for Elected and Appointed Officials” regulating
the conduct of Volunteers assisting with Special Event functions, Citizens Advisory
Groups, Committees, Commissions and Boards; and
WHEREAS, the guidelines established in the “Municipality of Trophy Club
Handbook for Elected and Appointed Officials” (hereinafter “Handbook”) are in addition
to those requirements imposed by the Texas Open Meetings Act and other applicable
state law; and
WHEREAS, since enacting Resolution No. 2006-29, the Town Council has
modified the Ethics and Conduct section of the Handbook by the adoption of Resolution
No. 2007-10; and
WHEREAS, the Town Council determines it to be in the best interests of the
Town to further amend Resolution No. 2006-29 to allow all qualified residents to be
considered for public service on boards, commissions and committees regardless of the
length of time that those residents have lived within the Town and therefore determines
that the Handbook should be amended to remove the minimum six month residency
requirement as an eligibility prerequisite for public service.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
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Section 1. That the foregoing recitals are adopted and incorporated herein as
findings.
Section 2. That in order to allow the Town Council the opportunity to consider
and appoint qualified residents desiring to become involved in public service, it is in the
best interest of the Town of Trophy Club, Texas, to amend the section of the Handbook
entitled “Applicant Requirement for Boards or Commissions” by removing the minimum
six month residency requirement as an eligibility prerequisite for service on a board,
commission or committee.
Section 3. That the Town of Trophy Club, Texas, authorizes the adoption of
this Resolution amending Resolution No. 2006-29 adopting the “Municipality of Trophy
Club Handbook for Elected and Appointed Officials” as previously amended by
Resolution No. 2007-20; a true and correct copy of the revised Handbook being
attached hereto and incorporated herein as Exhibit “A”.
Section 4. That this Resolution shall become effective September 8, 2008.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 8th day of September, 2008.
________________________________
Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
___________________________________
Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
____________________________________
Town Attorney
Town of Trophy Club, Texas
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MUNICIPALITY OF TROPHY CLUB
Handbook for Elected and Appointed Officials
EFFECTIVE DATE: 9/8/2008 REVISION DATE/NO: 3-9/8/2008 (Resolution No. 2008-
____ approved on September 8, 2008)
This Handbook is applicable to all paid, non-paid and voluntary positions and seats to include; Volunteers
assisting with Special Event functions, Citizens Advisory Groups, Committees, Commissions and Boards.
I acknowledge receiving and agree to comply with the policies set forth in the Handbook for Elected and
Appointed Officials.
__________________________________________ _________
Elected/Appointed Official Signature Date
Return this page to the Town Secretary attached the Texas Open Government Training Certificates
where applicable.
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Introduction
In order to achieve its goals, The Town of Trophy Club needs the support of dedicated citizens who
volunteer to serve on boards, commissions and citizen advisory groups. The Town encourages and
appreciates citizens with diversity of ideas and backgrounds to serve as volunteers.
In accordance of 3.08(e) and 4.16 of the Town Charter, the citizens who serve do so without
compensation, they are appointed to serve after indicating their interest through the proper application
process, and the boards and commissions serve at the discretion of the Town Council. Citizen advisory
groups serve at the discretion of the Staff Administrator for that group.
Generally, members of each board, commission or citizen advisory group are charged with researching
pertinent projects and with making recommendations to the Town Council. Members serve in an advisory
capacity. The single exception is the Zoning Board of Adjustment, which has some quasi-judicial duties.
The exact duties and requirements of each board and commission can be found in the section of this
handbook pertaining to that specific group.
The structure of each board and commission consists of members, a Chair/President and a Town Staff
Liaison. An Advisory Group has a Town Staff Administrator.
Boards and Commissions
At present, the Town of Trophy Club has six appointed boards: Economic Development Corporation A,
Economic Development Corporation B, Zoning Board of Adjustment, Tree Board, Park Board and the
Planning and Zoning Commission.
Economic Development Corporations
The Town has two economic development corporations. Each of these groups submits an annual budget
to the Council regarding the distribution of funds collected from sales tax designated by voters to be used
for economic development and park improvement. If economic development corporations want to include
a new project not listed on the approved budget, then the economic development corporation will make
recommendations to the Council for approval.
The economic development corporations cannot take action unless a quorum is present. A quorum is a
majority of the voting members of any group. If a group has six voting members at least four members
must be present in order for action to be taken.
Minutes of all meetings will be taken by the Staff Liaison.
The Zoning Board of Adjustment (ZBA)
The ZBA is a body that approves special exceptions to the Comprehensive Zoning Ordinance (CZO)
consistent with the general purpose and intent of the CZO and in accordance with any state law and
applicable rules contained in the Ordinance.
When acting in this capacity the ZBA is quasi-judicial. Appeal of a ZBA decision is to a district court. The
ZBA has five (5) regular members and four (4) alternate members serving two-year terms. Four of five
voting members (regular or alternate) must be present to conduct business. No agenda item may be
approved unless four positive votes are cast.
Minutes of all meetings will be taken by the Staff Liaison.
Tree Board
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The Tree Board exists to care for the trees in our beautiful Town. The board is a group of concerned
volunteers charged by ordinance with developing and administering a comprehensive tree management
program. The board focuses on trees in public areas such as parks and medians.
Methodology
• enforcement of tree ordinance
• educational opportunities for citizens
• development of comprehensive tree management program
• Arbor Day to celebrate the importance of trees
Projects
• Arbor day planning and education
• Wildflower planting
• Comprehensive tree care and management program
• Tree Brochure to provide recommended species, planting and care tips
• Tree Town USA - qualification and application to be completed annually
The Tree Board meets six to eight times a year, as needed. Announcements will be posted to the Town
calendar.
Minutes of all meetings will be taken by the Staff Liaison.
Park Board
The Board exists to allow residents to play a more active role and to provide direct citizen input to the
Parks and Recreation Director for the development of parks and recreational facilities with the Town.
Methodology
• advisory capacity to Town Council
• advisory capacity to Parks and Recreation Director
• study and development of recreation areas
• advise and recommend the development of long-range capital improvement programs
• cooperate with other governmental agencies, civic organizations and all citizens of the
Town in the advancement of sound parks and recreation planning and programming
• recommend to Town Council amendments to the Parks and Recreation Ordinance
• annual reports to Town Council
• review and recommend proposed budget for the parks and recreation department
• adopt and recommend additional rules to Council as necessary
Projects
• recommend standards for areas, facilities, programs and financial support
• review the master planning guide and become familiar with such plan
• solicit grants
• develop and recommend written policies and procedures to Town Council
Planning and Zoning Commission
The Town currently has one commission; the Planning and Zoning Commission plans and makes
recommendations to the Town Council for the orderly growth, development and welfare of the Town.
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A commission may not take action unless a quorum is present. A quorum is a majority of the voting
members of any group. If a group has six voting members, at least four members must be present in
order for action to be taken.
Minutes of all meetings will be taken by the Staff Liaison.
Applicant Requirement for Boards or Commissions
Applicants for boards or commissions must be registered voters and residents of the Town. Board and
Commission members must be Trophy Club residents as well as registered voters prior to their
appointment. With the exception of the Planning and Zoning Commission, Zoning Board of Adjustment
and the Economic Development Boards, based upon good cause shown, Council may waive the voter
registration requirement for a person appointed to a Board or Commission that does not make
recommendations for Council approval. The technical expertise of applicants may be a consideration in
gaining appointment.
Vacancy Posting, Application, Interview and Appointment Process
The following is the Vacancy Posting, Application, Interview and Appointment process for Economic
Development Corporation A, Economic Development Corporation B, Zoning Board of Adjustment,
Tree Board, Planning and Zoning Commission and the Parks and Recreation Board.
Posting Process
The Town Secretary will ensure that annual appointments for Boards & Commissions are posted in the
month of June:
• Announced in the Town Newsletter, a newspaper published by the Town
• Posted on the marquees on Trophy Club Drive, Trophy Lake Drive and Trophy Wood
Drive
• Posted on cable’s public information Channel
• Posted on the Town’s Web page at: www.ci.trophyclub.tx.us
The Town Secretary will also notify each member, whose term is expiring, requesting that they complete
a Request for Reappointment Form and return by the prescribed time.
Application Process for Annual Appointments
Applications will be accepted each year in July.
Members seeking reappointment must submit their desire in writing to the Town Secretary and Town
residents who are interested in a position may request an application at the Town office. The completed
application shall be submitted to the Town Secretary to be forwarded to the board and/or commission
Staff Liaison.
Interview Process
Interviews will occur each year in August.
Staff Liaisons will be responsible for scheduling interviews for each candidate who submits an application
for their respective board and/or commission. The board and/or commission Chairman will make their
group’s recommendation to Council for appointment. The recommendation from the board is advisory,
and Council shall make the final determination regarding appointment. When possible, the board and/or
commission’s recommendations will exceed the number of open seats to allow the Council to make
appointments to fill vacancies due to resignations within that current year.
Mid-Term Vacancy
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When a member of a board or commission resigns midterm, the Staff Liaison will obtain a letter of
resignation from the member and will forward to the Town Secretary.
In cases where applications exceeding the number of open seats were received during the Annual
Appointment process, applicants who were not appointed during the annual appointment process will be
considered first.
The Town Secretary will confirm those applicants’ continued interest and then forward the previously
submitted application to the Town Council for review and consideration for appointment.
In cases where applications did not exceed the number of open seats during the Annual Appointment
process the vacancy will be posted.
The Town Secretary will ensure that the vacancy is posted:
• on the marquees on Trophy Club Drive, Trophy Lake Drive and Trophy Wood Drive for a
period of at least 3 days, or as time allows;
• on cable’s public information channel for a period of two weeks; and
• on the Town’s web page at: www.ci.trophyclub.tx.us, for a period of two weeks.
Members appointed to fill vacancies serve out the remainder of a predecessor’s term.
Appointments Process
Council Appointments will occur each year in September for the new terms to begin in October.
Term Lengths
Members serve two-year terms on Economic Development Corporation A, Economic Development
Corporation B, Zoning Board of Adjustment, Tree Board and the Planning and Zoning Commission.
Members serve three-year terms on the Park Board.
Terms are staggered, with the Council making annual appointments to replace members whose regular
terms expire in any given year.
Maximum number of Appointments
A person may hold a maximum of two board or commission seats at any one time.
Open Government Training
Effective January 1, 2006, elected and appointed public officials are required by a new state law to
receive training in Texas open government laws. The Office of the Attorney General offers free video
training courses, which were developed in compliance with a mandate from the 79th Texas Legislature.
The Attorney General established the formal training necessary to ensure that all elected and appointed
government officials have a good command of both open records and open meetings laws.
Each elected or appointed official who is a member of a governmental body subject to the Open Meetings
Act or the Public Information Act must attend training. Additionally, employees who serve as a
governmental body's designated public information coordinator are required to complete the Public
Information Act training course.
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Officials who are in office before January 1, 2006 have one year until January 1, 2007 to complete the
required training. Officials who are elected or appointed after January 1, 2006 have 90 days within which
to complete the required training.
Staff Liaisons from the individual groups requiring the training will be responsible to ensure that all
members of their group receive the training. Training CDs are available in the Town Secretary’s office or
may be obtained online at:
http://www.oag.state.tx.us/media/videos/play.php?image=2005openrecords&id=150
Certificates of completion must be maintained by the member's governmental body and made available
for public inspection upon request. The member must confirm that they have received the training, by
completing the appropriate certificate of completion, witnessed by the Staff Liaison. Once signed, the
original Certificate is forwarded to the Town Secretary to be kept in permanent records.
More information on Open Government maybe obtained online at the Texas Attorney General’s Office.
(http://www.oag.state.tx.us)
Nepotism
A board or commission Chair/President cannot be a relative of the Mayor or of a Council Member. On
any given Board and/or Commission, only one member can be a relative of a Council Member. A person
is a relative if he/she is related in the first degree by consanguinity (blood) or by affinity (marriage).
Members of the Economic Development Corporation, Zoning Board of Adjustment or Planning and
Zoning Commission cannot be related to a Council member.
Guidelines for Members
All members of boards and/or commissions have specific duties and responsibilities.
All members of boards and/or commissions are expected to participate in formal and informal training
sessions.
Many boards and commissions deal with technical issues that can require a foundation of certain
knowledge that must be updated from time to time. The Town will provide reasonable opportunities for
members to acquire and keep current in these training efforts. Members are expected to participate.
Regular attendance
Effectiveness as a member requires regular attendance. Should a member of a board and/or commission
fail to attend three consecutive regular meetings without being excused by the board and/or commission,
his/her office may be declared forfeited by that board and/or commission. A member who is unable to
attend a meeting shall notify the Staff Liaison of his/her inability to attend the meeting and shall provide
an explanation of the conflict or other reason that prevents his/her attendance. Notice to the Staff Liaison
shall be provided as soon as practicable after the member becomes aware that he/she will be absent.
It is particularly important that all members attend briefing sessions and work sessions prior to formal
meetings so as to promote effective and efficient meetings. If a member finds difficulty in maintaining
regular attendance, it is suggested that the member consider whether he/she has sufficient time to be an
effective member. It is the responsibility of a member in this position to initiate a discussion with the
Chair/President or Staff Liaison about attendance.
The Chairman of the board and/or commission is to maintain a charted attendance record for all
members. If attendance becomes an issue, the Staff Liaison will attempt to secure a written resignation.
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The Staff Liaison is responsible for submitting periodic reports to the Town Council on behalf of the board
and/or commission noting progress and members attendance.
Avoidance of contacts and individual discussions
It is not uncommon for applicants, opponents, or their representatives to approach individual members to
solicit support or disapproval of a pending issue. These individual contacts should be avoided. It is the
policy of the Town that all members of a board and/or commission deserve equal access to all information
and that any statement relevant to an issue should be made in an open meeting for the benefit of all the
participants.
Requests for sponsorships/donations/agreements with vendors
Members do not have the authority, when asking for donations or making agreements with vendors, to
give the impression that they are acting as an agent for the Town. Furthermore, commission and board
members are not permitted to obligate any Town funds or enter any agreements without prior written
approval of the Town Manager or the Manager’s designee.
Defining and Responding to Conflicts of Interest
Members of boards and/or commissions are subject to provisions of Chapter 171 of the Local
Government Code, pertaining to conflicts of interest. A conflict of interest exists if a person has a
substantial interest in a business entity or an interest in real property affected by an action.
A “substantial interest in a business entity” is defined as 1) ownership of 10 percent or more of the voting
stock or shares of the business entity or owns either 10 percent or more or $15,000 or more of the fair
market value of the business entity, or 2) funds received by the person from the business entity exceed
10 percent of the person’s gross income for the previous year.
A person has a “substantial interest in real property” if the interest is an equitable or legal ownership with
a fair market value of $2,500 or more. A local public official is considered to have a substantial interest if a
person related to the official in the first degree of consanguinity (blood) or affinity (marriage) has a
substantial interest as described above. If a member has a conflict of interest in a matter, that person can
obtain from and file with the Town Secretary an affidavit stating the nature and extent of the interest and
shall abstain from any action or discussion of the matter creating the conflict. In cases where a conflict of
interest is declared, members should physically leave any meeting while any item causing said conflict is
discussed.
Effective Meetings
All members of boards, commissions and committees should familiarize themselves with the elements of
a successful meeting.
These include:
• Having a purpose for the meeting;
• Giving adequate notice;
• Posting public notice when required;
• Preparing for the meeting in advance;
• Preparing an agenda;
• Allowing for appropriate participation from all parties;
• Selecting an appropriate meeting place;
• Determining the outcome or results of the meeting;
• Keeping an accurate record of all proceedings; and
• Keeping discussion focused on items listed on the agenda.
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Members should avoid common mistakes that can make meetings unproductive, including but not limited
to:
• Lack of control at the meeting, appearing unfair, being unable to bring issues to a vote
and wasting people’s time.
• The Staff Liaison and Chair are responsible for compliance with the Texas Open
Meetings law.
Meetings of all boards, commissions and committees are open to the public.
Prior to initiating a closed or “Executive Session,” the Staff Liaison and Chair shall receive approval from
the Town Manager and Town Attorney.
Prior to any meeting, the Chair and Staff Liaison shall prepare an agenda describing actions to be taken
by the group. The agenda shall be prepared in a format approved by the Town Attorney and shall be
posted on the front glass display area of the Municipal Utility District Building in accordance with state law
at least 72 hours prior to the meeting.
The prescribed order of a meeting should be:
Approval of minutes from prior meeting; public hearings; recognition of visitors; new business; old
business; and recess and adjournment.
Prior to the meeting, the Staff Liaison shall prepare and distribute complete and accurate information
pertaining to any action being requested of the board, commission or committee. Some action items
require public hearings, and advance communication shall be established with the Town staff to ensure
that the hearings are properly advertised as required by law. Any public notice of a board, commission or
committee meeting that is required by law must be prepared and advertised by Town staff.
The Chair or Staff Liaison shall arrange for an appropriate meeting location. Said location should include
proper lighting, voice, temperature control, adequate facilities and seating for the anticipated audience
participation, and facilities for display of information.
The Chair shall allocate sufficient time for both applicants and opponents of an issue to present their
information. Regardless of whether a contemplated issue is listed as a public hearing item or not,
interested parties should be given a reasonable opportunity to present their information and opinions,
unless the group is meeting in a workshop session. The Chair must allocate and manage the time to be
allotted and shall use discretion based upon the agenda and other factors. It is appropriate for the Chair
to ask persons to refrain from repeating information.
The Chair shall endeavor to see that all persons attending or participating in meetings are treated with
respect and dignity. All members must refrain from prejudicial or stereotypical comments. All members
must refrain from questioning that takes the form of “badgering” or “debating” with those providing
testimony.
All members need to be cautious of publicly representing their positions beyond the scope of the business
at hand. The official position of the Town shall be represented only by Town staff as established by the
Town Council.
Conduct in meetings
Board and/or commission members should act in a professional manner. If a resident visits a meeting and
presents a complaint to the board and/or commission at a meeting the information should be taken and
referred to Staff to reply to the resident.
Rules of Decorum
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Recognition by Chairman: No person shall address the board and/or commission without first being
recognized by the Chairman.
Order: While the Council is in session, the members must preserve order and decorum, and a member
shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Town
Council nor disturb any member while speaking or refuse to obey the orders of the Chairman/Mayor.
Members of the Town Council shall not leave their seats during a meeting without first obtaining the
permission of the Chairman/Mayor.
Chairman May Debate and Vote: The Chairman may move only to such limitations of debate as are the
rights and privileges of a member by reason of his acting as the Chairman. If the Chairman is engaged in
debate and is abusing his position as Chairman, at the insistence of any three members, the Chairman
member must relinquish the Chair in accordance with provisions of Robert’s Rules of Order Newly
Revised.
Getting the Floor, Improper References to be Avoided: Every member wishing to speak shall address the
Chair, and upon recognition by the Chairman shall confine himself/herself to the questions under debate,
avoiding all personalities and inappropriate language.
Interruptions: A member, once recognized, shall not be interrupted when speaking unless it be to call the
member to order, or as herein otherwise provided. If a member, while speaking, is called to order, the
member shall cease speaking until the question of order is determined and, if in order, the member shall
be permitted to proceed.
PARLIAMENTARY MOTIONS AND PRECEDENCE
A Majority Vote
Requires 2nd Debatable Amendable of Those
Present
1. To adjourn Yes No No Yes
2. To take a recess Yes No Yes Yes
3. To commit, refer, or Yes Yes Yes Yes
recommit to committee
4. To amend Yes Yes Yes Yes
5. To amend an amendment Yes Yes No Yes
6. To postpone indefinitely Yes Yes No Yes
7. To table Yes No No Yes
8. Calling the question No No No Yes
9. Objecting to consideration of No No No 2/3
a question
Resignations
When a board and/or commission member resigns, a letter of resignation should be submitted to the
Commission and/or Board Chairman. The Chairman will forward the letter to the Staff Liaison who will
then forward on to the Town Secretary.
Freedom of Expression
All citizens should feel free to express their opinions in an appropriate and professional manner. Members
of commissions and boards which are required by law to make judgments and/or render decisions relative
to issues that are presented to them must act fairly and equitably, as well as maintain a perception of
fairness and equality and must refrain from interjecting their own personal bias. Should questions or
concerns relative to fairness and/or personal bias issues arise, the appropriate Chair or Staff Liaison must
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implement the necessary steps to settle the issue(s) equitably. If the chair/president or staff liaison cannot
remedy the issue, the Town Manager is consulted for resolution. In the event that the issue(s) cannot be
resolved satisfactorily, the issue(s) must be presented to the Town Council for final settlement.
Responsibilities of the Chair
Each board and/or commission group shall have a Chair/President. A board and/or commission, at the
Council’s discretion, may be asked to make a recommendation for a Chair with the final determination left
to the Council. The Chair should have some experience as a member of the group. The Planning and
Zoning Commission’s chair will be determined entirely by the Council.
The Chair must act as the “leader” and take responsibility for the group’s efficient and meaningful
operation. The Chair must ensure that roles are clearly spelled out, meetings are efficiently conducted
and necessary information is readily available, which helps create a good working environment.
The Chair should manage the meeting to ensure that:
• A few members do not monopolize discussion or questions;
• Appropriate time is taken for presentation and discussion;
• Dialogue and interactions are maintained in a courteous and professional Manner;
• Minutes of each Board and Commission meeting are taken and maintained by the Staff
Liaison;
• Staff is treated with respect by members at all times;
• Discussion is limited to those items on the agenda, provided, however, that the
Chair/President or Staff Liaison may place any item not posted on a future agenda for
discussion;
• All commission and board meetings are to be taped.
The Chair/President must ensure that effective communication exists between board and/or commission,
Council, Staff and the public. This requires frequent interaction with the staff assigned to support the
board and/or commission. The Chair is responsible for ensuring that that the Staff Liaison is efficient in
providing requested technical assistance and information to members. This includes helping to develop
appropriate rules and procedures for the group in order to complete its duties. It also requires preparation
of proper meeting notices and agendas, gathering and relaying pertinent information in a timely fashion to
members and providing support at meetings. If the Staff Liaison is not effectively operating in this manner,
the Chair should first discuss the issue with the appropriate Department Manager. If satisfactory results
are not achieved, the Chair should next contact the Town Manager.
It is the responsibility of the Chair to be mindful of the attendance, actions and activities of individual
members, as well as to discuss with these members any deviations from the rules. The Chair or
designated representative of the committee is responsible for making an oral monthly report to the Town
Council regarding the activities of his/her group.
The Chair is responsible for communicating to the Staff Liaison any requests to be placed on the Town
Council agenda for consideration. The Staff Liaison will submit an agenda request for the Town Council
after being directed to do so by the Chair.
The Chair, Council Liaison and Staff Liaison will define the scope, objectives and criteria for completion of
any project to be undertaken by the group. This should be done prior to the initiation of the project.
The Chair oversees any required financing of special events planned by the group. Any group that
schedules special events requiring funding must prepare a budget, submit it to the Director of Finance
and complete a recap summary of the actual expenditures. It is the responsibility of the Chair to ensure
that this is done. A budget estimate must be included as part of the Town annual budget. The recap must
be submitted no more than 30 days after the event. When donations for special events are requested
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from sponsors, it must be made clear to the sponsor that the donation is being requested on the
committees/events behalf.
The Chair must regulate any communication between members of the Board and/or Commission and
vendors to ensure members of the group in no way obligate the Town to the expenditure of funds.
Responsibilities of the Staff Liaison
A member of the Town staff will be assigned to each commission, board or committee. The staff member
does not assume the responsibility or task of the group. Rather, the staff member provides information
that group members need to perform their obligations. The staff member also serves as a communication
link between members of the group and the Town staff.
The Staff Liaison helps promote coordination and understanding by collecting the ideas and goals of
members.
The Staff Liaison may also:
• Assist the Chair in the formulation of the agenda and ensure that presentations to the
members are timely and adequate;
• Prepare agenda requests for Council meetings;
• Assist members in planning and preparing presentations;
• Assist members in understanding community issues and how those issues may vary from
neighborhood to neighborhood;
• Provide clerical support as needed;
• Develop agenda, take minutes and maintain minutes for public record; and
• Must ensure that all meeting needs, including location, are properly reserved and
provided.
CITIZEN ADVISORY GROUPS
Each Citizen Advisory Group has a specific purpose as explained by the group’s mission statement, and
members work on a variety of projects and make recommendations to the Town Council regarding their
group’s specific area through their Staff Administrator.
Members of most Citizen Advisory Groups serve one-year terms. The only exceptions are members of
the Utility Franchise Committee and the Ways and Means Committee, who serve two-year terms.
Consistent with Resolution 2003-43, which passed on November 17, 2003:
• Citizens Advisory Group System will be utilized for those groups identified in the
organizational chart attached hereto and incorporated herein as Exhibit “A”, and all other
commissions and boards shall continue to exist and function under the current Board and
Commission System; and
• Citizens Advisory Group System shall be structured in accordance with Exhibit “A”, and
shall be implemented and conducted in accordance with an implementation plan
developed by Staff and approved by Town Council;
Advisory Group Implementation
• Current committee members move to the newly established Advisory Groups
• Attrition will be used to reduce the committees to the recommended 5 members
• Staff Administrators with guidance of their Citizen Advisory Groups will determine their
regular meeting schedule with at least two publicly scheduled meetings a year. Other
meetings may be held by phone, e-mail, or in person as needed
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• Application process will remain the same with inquiries on vacancies going directly to the
Town Secretary for distribution to the appropriate Staff Administrator for the interview and
selection process.
• Additional criteria will be added to the performance reviews of Staff Administrators to
ensure the effective utilization of the Citizen Advisory Groups.
• Staff Administrators in conjunction with the Citizen Advisory Group will give biannual
reports to the Council on the status of operations and programs of the Citizen Advisory
Groups.
After the first year, all the Citizen Advisory Group participants will be asked to complete a survey that
evaluates the system including areas such as effectiveness of communication, accomplishments of the
groups and weaknesses of the system. This information will be used to determine what if any changes
need to be made to make the system more effective.
Member Responsibilities
• Review, discuss, analyze and recommend Items to the Staff Administrator for Town
Council consideration
• Request Item(s) to be added to the group meeting agenda
• May be requested to participate in special assignments and projects
• May be requested to assist other Citizens Advisory Groups
• Participates in presentations at workshops, Town Council and Town Hall meetings
• Member may be appointed Acting Chairperson in the absence of the Staff Administrator
Staff Administrator Responsibilities
• Establishes a Citizens Advisory Group not to exceed five (5) core
members
• Interviews, selects and replaces individuals for the Citizens Advisory Group
• Responsible for planning, scheduling and conducting meetings on a consistent basis
• Prepares Citizens Advisory Group meeting agenda
• Staff Administrators will be responsible for publicizing Citizen Advisory Group vacancies
via the website, listserve, marquees and newsletter
• Provides appropriate orientation for Advisory Group members
• Presents items to the Town Council for action
• Town Council reviews, discusses and votes to approve or disapprove recommended
items
• Communicates Citizens Advisory Group activities to the community
• Schedules, conducts and participates in semi-annual Town Hall meetings
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Town of Trophy Club Code of Ethics and Conduct
For Town Elected and Appointed Officials
Statement of Purpose
The Citizens and the businesses of the Town of Trophy Club are entitled to have fair, ethical and
accountable local government which earns the public’s full confidence for integrity. The strong desire of
the Town to fulfill this expectation therefore requires that the Town officials, both elected and appointed:
• Comply with both the letter and sprit of the laws and policies affecting
the operations of government;
• Be independent, impartial and fair in their judgment and actions; and
• Use their respective office or position for the public good, not for the
personal gain.
To this end, the Town Council has adopted this Code of Ethics and Conduct for Town officials in order to
assure public confidence in the integrity of local government and its effective and fair operation.
Definitions
The following words, terms and phrases, when used in this section, shall have the following meanings
subscribed to them:
Business. A corporation, partnership, sole proprietorship, firm, holding company, joint stock company,
receivership, trust or any other for profit or non-profit entity.
Town Council. The legislative and governing body of the Town consisting of the Mayor and Council
members.
Town Official. Any member of the Town Council and any appointed member of a Town board,
commission, committee or citizens advisory group set up by ordinance, resolution, charter, state law or
otherwise, on a temporary or permanent basis.
Employee. Any person employed by the Town, including those individuals on a part-time basis, including
independent contractors hired by the Town for repetitive performance of services, but not independent
contractors engaged for occasional services.
Nepotism
Nepotism is showing favoritism toward a relative. The practice of hiring personnel or awarding contracts
which favor a relative is prohibited by the Town.
Exclusions to this prohibition are:
a. Employees who have been continuously employed by the Town for more
than two years prior to the election or appointment of the official.
b. Individuals who are employees of the Town as of the effective date of this
policy.
1. Act in the Public Interest
Recognizing that stewardship of the public interest must be their primary concern, Town officials shall
work for the common good of the people of the Town of Trophy Club and not for any private or personal
interest, and they shall assure fair and equal treatment of all persons, claims and transactions coming
before the Town Council, boards, commissions, committees and advisory groups.
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2. Comply with the Law
Town officials shall comply with the laws of the nation, the State of Texas, and the Town of Trophy Club
in the performance of their public duties. These laws include, but are not limited to: the United States and
Texas Constitutions; laws pertaining to conflicts of interest, election campaigns, financial disclosures,
employer responsibilities, and open processes of government; and Town ordinances, resolutions and
policies.
3. Conduct of Town Officials
As a member of the Town of Trophy Club Town Council or of a Town of Trophy Club town board,
commission or committee, I agree to uphold the Code of Ethics and Conduct myself by the
following model of behavior.
I will:
• Recognize the worth of individual Town officials and appreciate their individual
talents, perspectives and contributions;
• Help create an atmosphere of respect and civility where individual Town officials,
Town staff and the public are free to express their ideas and work to their full
potential;
• Conduct my personal and public affairs with honesty, integrity, fairness and
respect for others;
• Respect the dignity and privacy of individuals and organizations;
• Keep the common good as my highest purpose and focus on achieving
constructive solutions for public benefit;
• Avoid and discourage conduct which is divisive or harmful to the best interests of
the Town of Trophy Club;
• Treat all people with whom I come in contact in a manner I wish to be treated;
• Before I speak or act I will ask myself the following questions:
1. Is it the truth?
2. Is it fair to all concerned?
3. Will it build goodwill and better relationships?
4. Will it be beneficial to all concerned?
4. Respect for Process
Town officials shall perform their duties in accordance with the processes and rules of order established
by the Town Council and boards, commissions, committees and citizen advisory groups governing the
public deliberation of public policy issues, meaningful involvement of the public, and implementation of
policy decisions of the Town Council by Town staff.
5. Conduct of Public Meetings
Town officials have an obligation to attend meetings and to be prepared for public issues; to listen
courteously and attentively to all public discussions before the body; and to focus on the business at
hand. They shall refrain from interrupting other speakers, making personal comments not germane to the
business of the body, or otherwise interfering with the orderly conduct of meetings.
6. Decisions Base on Merit
It is expected and required that Town officials review material, participate in discussion and base their
decision on the merits and substance of the matter at hand.
7. Communication
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Prior to permitting final action on a matter under consideration, Town officials shall publicly share
substantive information, which they may have received from sources outside the public decision-making
process, that is relevant to such action by the Council, boards, commissions, committees or citizens
advisory groups.
8. Conflicts of Interest and Disclosure
Town officials shall familiarize themselves with and abide by the following conflicts of interest and
disclosure statutes and principles:
a. Chapter 171 of the Local Government Code which requires a member of the governing
body or another office, whether elected, appointed, paid or unpaid, of any municipality to
file an affidavit disclosing a substantial interest in a business entity or property that would
be beneficially affected by a decision of the governing body or of any other board or
commission upon which the member serves and thereafter to abstain from participation in
discussion and voting on the matter. Once the disclosure is made the Town official is to
remove himself from the meeting area to ensure his presence does not hinder the
discussion of the item or influence the vote.
b. Section 176 of the Local Government Code which requires Town Council members and
the Town Manager to file a conflicts disclosure statement disclosing any business
relationship with a person or business doing business with the Town or being considered
by the Town for a business relationship.
c. Section 176.003(a)(2)(B) of the Local Government Code which requires the disclosure of
gifts of an aggregate value of more than $250.00 in the twelve (12) month period
preceding the date that a local government officer becomes aware of a transaction
described in Section 176, other than gifts of food, lodging, transportation, or
entertainment accepted as a guest.
d. Sections 553.001-553.003 of the Government Code which requires the filing of an
affidavit before the date the Town will acquire a property in which public servants have a
legal or equitable interest.
e. In order to assure their independence and impartiality on behalf of the public good, Town
officials are prohibited from using their positions to influence government decisions in
which they have a personal interest.
9. Corruption
Town officials shall familiarize themselves with and abide by the Texas Penal Code mandates concerning
corruption, including without limitation, Section 36.02 prohibiting receipt of prohibited gifts, Section 39.02
concerning abuse of official capacity and Section 39.06(a) concerning misuse of official information and
all other applicable state laws regulating or related to public service.
10. Political Advocacy
Town officials shall not utilize the Town’s name or logo for purposes of endorsing any political candidate
or business.
11. Confidential Information
Town officials shall respect the confidentiality of information concerning Town property, personnel or
proceedings of the Town. They shall neither disclose confidential information without proper legal
authorization, nor use such information to advance their personal interests.
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12. Use of Public Resources
Town officials shall not use public resources generally unavailable to the public, such as Town staff time,
equipment, supplies or facilities, for private gain or personal purposes.
13. Representation of Private Interests
In keeping with their role as stewards of the public interest, Town officials shall not appear on behalf of
private interests of third parties before the Council or any board, commission, committee, or proceeding of
the Town.
14. Advocacy
Town officials shall represent the official policies or positions of the Town Council, board, commission,
committee or advisory group to the best of their ability when designated as delegates for this purpose.
When presenting their individual opinions and positions, Town officials shall explicitly state that they do
not represent their body or the Town of Trophy Club, nor will they allow the inference that they do.
15. Policy Role of Town Officials
Town officials shall respect and adhere to the Town of Trophy Club governmental structure as outlined in
the Town’s charter, policies and procedures. In this structure, the Town Council determines the policies of
the Town with the advice, information and analysis provided by the public, boards, commissions,
committees, advisory groups and Town staff. Except as provided by Town ordinance, Town officials
therefore shall not interfere with the administrative functions of the Town or the professional duties of the
Town staff; nor shall they impair the ability of Staff to implement Council policy decisions.
16. Independence of Boards, Commissions, and Committees
Because of the value of the independent advice of boards, commissions, committees and advisory
groups to the public decision-making process, Town officials shall refrain from using their position to
influence unduly the deliberations or outcomes of board, commission, committee, and advisory group
proceedings.
17. Positive Work place Environment
Town officials shall support the maintenance of a positive and constructive work place environment for
Town employees and for citizens and businesses dealing with the Town. Town officials shall recognize
their special role in dealing with Town employees and refrain from creating the perception of inappropriate
direction to Staff.
18. Implementation
As an expression of the standards of conduct for the Town officials expected by the Town, the Trophy
Club Code of Ethics and Conduct is intended to be self-enforcing. It therefore becomes most effective
when Town officials are thoroughly familiar with it and embrace its provisions. Ethical standards shall be
included in the regular orientations for candidates for Town Council, applicants to boards, commissions,
committees, and advisory groups, and newly elected and appointed Town officials. Town officials entering
office, including those appointed to boards, commissions, committees and advisory groups shall sign a
statement affirming they have read and understood the Town of Trophy Club Code of Ethics and Conduct
and agree to be bound by its terms. In addition, the Code of Ethics and Conduct shall be reviewed
periodically by the Town Council, boards, commissions, committees, and advisory groups, and the Town
Council shall consider recommendations from boards, commissions, committees, advisory groups,
employees, and citizens for revision as it becomes necessary.
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STATEMENT OF COMMITMENT
As a member of the Town of Trophy Club Town Council or of a Town of Trophy Club town board,
commission or committee, I agree to uphold the Code of Ethics.
I affirm that I have read and that I understand, accept and support the Town of Trophy Club Code of
Ethics and Conduct.
_____________________________________________
Elected or Appointed Official Printed Name
_____________________________________________
Position
_________________________________ _______________
Signature Date
85
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-8-2008
Subject: Agenda Item No.D.11
Discuss and take appropriate action regarding the calling of a Special
Council Session on Monday, September, 15, 2008 and subjects for
consideration at the meeting.
EXPLANATION:
The following is from Section 6.01, “Rules and Procedures,” Sub-section C.2 “Types of
Meetings/Special,” of the Article VI, “Town Council Rules Procedure,” of the Codes of
Ordinances:
2. Special Meetings
Special meetings may be called by the Mayor or by any three members of the
Town Council. The call for a special meeting shall be filed with the Town Secretary
in written form, except that announcement of a special meeting, during any regular
meeting at which all members are present, shall be sufficient notice of such special
meeting. The call for a special meeting shall specify the day and the hour of the
special meeting, and shall list the subject or subjects to be considered. No special
meeting shall be held until at least 72 hours after the call is issued. Only such
business may be transacted at a special meeting as may be listed in the call for
said meeting or as incident thereto.
RECOMMENDATION:
Staff recommends that in addition to Council calling the Special Session at their August
18, 2008 meeting to be held on September 15, 2008 for the purpose of conducting a
Public Hearing regarding the budget and proposed tax rate increase for fiscal year
October 1, 2008 to September 30, 2009 that they also consider the item making annual
appointments to Boards and Commissions.
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-8-2008
Subject: Agenda Item No.D.12
Items for Future Agenda.
EXPLANATION:
Number 13 was added at the August 18, 2008 Town Council meeting.
Number 14 was added on August 27, 2008 by Town Manager Emmons.
RECOMMENDATION:
List:
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) (7/21/08
Council member Strother to meet with Town Manager Emmons to discuss long term action.)
3. Discuss and receive input regarding an Ordinance amending Article II, ”Traffic and Vehicles” of the
Code of Ordinances relating to the State regulations for speed limit reduction and readdress the
speed limit and signage on Skyline Drive. (Council member Wilson and Moss – 4/21/08)
4. Town Manager Emmons to report on the sound barrier issues on the east side and TXDOT, and
discussion of same. (Council member Wilson)
5. Establish and implement a process for Hotel inspections. (Mayor Pro Tem Edstrom added on
1/21/08)
6. Review the Citizen of the Year guidelines, criteria and voting process. (Mayor Pro Tem Edstrom –
1/21/08)
7. Annual update and presentation by the Park Board. (August 4, 2008)
8. Discuss and take appropriate action regarding possible means to control the Garage Sale traffic.
(Council member Cates – 4/21/08)
9. 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)
10. 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)
11. Discuss and take appropriate action regarding a Library Focus Group. (Council member Wilson –
4/21/08)
12. Town Council to provide direction the P & Z Commission regarding Mr. Kaler’s Ordinance ideas.
(Council member Wilson – 5/5/08)
13. Discuss and take appropriate action real estate signs and their placement on Town right of ways.
(Chapter 5, “General Land Use,” Article IV, “Sign Regulations,” Section 4.05, “Temporary Signs,” D,
“Real Estate Signs”)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-8-2008
Subject: Agenda Item No.D.13
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 Parks and Recreation Board Liaison,
Council member Edstrom.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-8-2008
Subject: Agenda Item No.E.1
Pursuant to Texas Government Code, Annotated, Subchapter 551, Section
551.072 "Deliberation Regarding Real Property" and Section 551.071 (1)
and (2) "Consultation with Attorney", the Council will enter into executive
session to discuss the following:
(1) Potential purchase of land at 300 Trophy Club Drive and/or additional
locations within the Town for future joint Police and Fire facility and legal
advice related to potential future sites and land acquisition.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-8-2008
Subject: Agenda Item No.E.2
Discuss and take appropriate action relative to Executive Session Item
Number E1.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: None
90
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-8-2008
Subject: Agenda Item No.F.1
Adjourn.