Agenda Packet TC 04/06/2009Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, April 6, 2009
6:00 P.M.
A.1 Call to order and announce a quorum.
A.2 Council to convene into executive session pursuant to Texas Government Code,
Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, regarding
the annual evaluation of the Town Attorney and Section 551.071 (1) and (2)
"Consultation With Attorney," in order to seek the advice of its attorney as
follows:
A. Patricia Adams, Town Attorney Annual Evaluation (Section 551.074 (a)(1))
B. Legal advice related to Cause No. 2009-40021-362, Trophy Club Municipal Utility
District No. 2 v. Town of Trophy Club, pending in the 362nd District Court of
Denton County, Texas, including the Intervention into the lawsuit by MUD1,
pending Declaratory Judgment suits filed by MUD1 and MUD2, pending appeals
filed by MUD1 and MUD2 and Town responses to actions taken by MUD1 and
MUD2.
B.1 Invocation.
B.2 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."
B.3 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.4 Annual update and presentation by the Park Board; discuss and take appropriate
action regarding same.
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C.1 Consent Agenda: Discuss and take appropriate action regarding the approval of
the Subdivider's Agreement for an 11.047 acre tract of land known as The
Highlands at Trophy Club Neighborhood 2, Phase 2H.
C.2 Consent Agenda: Discuss and take appropriate action regarding a Resolution
approving the submission of the grant application for the Byron Nelson High
School Resource Officer Program for the 2009-2010 fiscal year and designating
the Town Manager as the authorized official for the Town.
C.3 Consent Agenda: Discuss and take appropriate action regarding a Resolution
approving the submission of the grant application for the extension of the current
School Resource Officer Program for the 2009-2010 fiscal year and designating
the Town Manager as the authorized official for the Town.
C.4 Consent Agenda: Discuss and take appropriate action to approve an amendment
to the Bank resolution naming authorized representatives on First Financial Bank
and Texpool signature accounts.
C.5 Consent Agenda: Discuss and take appropriate action to approve financials and
variance report dated:
a. February 2009
C.6 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
January 26, 2009.
C.7 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
February 2, 2009 Joint Session.
C.8 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
February 2, 2009.
C.9 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
March 1, 2009.
C.10 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
March 2, 2009.
C.11 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
March 9, 2009.
D.1 Discuss and take appropriate action regarding issues related to the May 9, 2009
election, including the voter's guide, ballot order, and candidate's forum.
D.2 Discuss and take appropriate action regarding the acceptance of the fiscal year
audit ending September 30, 2008 for the Town of Trophy Club.
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D.3 Discuss and take appropriate action regarding concerns expressed at the March,
2009 Council meeting about Town Financials and financial solvency, including
discussion and action on a report on the budget contingency plan and the current
financial position of the Town.
D.4 Discuss and take appropriate action regarding a Resolution approving the
submission of the grant application for Community Oriented Policing (COPS)
Initiative Program for the 2009-2010/ 2010-2011 and 2011-2012 fiscal years,
designating the Town Manager as the authorized official for the Town with the
authority to execute all necessary documents.
D.5 Receive and discuss the 2008 Volunteer Citizen of the Year Committees'
recommendation, and take appropriate action as necessary.
D.6 Discuss and take appropriate action regarding the Second Modification to the
Funding and Development Agreement between the Town of Trophy Club, Texas
and Centurion Acquisitions for Road and Utility Improvements for Northwest
Parkway (Bobcat Blvd.)
D.7 Discuss and take appropriate action regarding the Town's Absorption Plan for
MUD 2.
D.8 Discuss and take appropriate action relative to Executive Session Item Number
A2.
A. Patricia Adams, Town Attorney Annual Evaluation (Section 551.074 (a)(1))
B. Legal advice related to Cause No. 2009-40021-362, Trophy Club Municipal Utility
District No. 2 v. Town of Trophy Club, pending in the 362nd District Court of
Denton County, Texas, including the Intervention into the lawsuit by MUD1,
pending Declaratory Judgment suits filed by MUD1 and MUD2, pending appeals
filed by MUD1 and MUD2 and Town responses to actions taken by MUD1 and
MUD2.
D.9 Items for Future Agenda.
E.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-6-2009
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-6-2009
Subject: Agenda Item No.A.2
Council to convene into executive session pursuant to Texas Government
Code, Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters,
regarding the annual evaluation of the Town Attorney and Section 551.071
(1) and (2) "Consultation With Attorney," in order to seek the advice of its
attorney as follows:
A. Patricia Adams, Town Attorney Annual Evaluation (Section 551.074
(a)(1))
B. Legal advice related to Cause No. 2009-40021-362, Trophy Club
Municipal Utility District No. 2 v. Town of Trophy Club, pending in the
362nd District Court of Denton County, Texas, including the Intervention
into the lawsuit by MUD1, pending Declaratory Judgment suits filed by
MUD1 and MUD2, pending appeals filed by MUD1 and MUD2 and Town
responses to actions taken by MUD1 and MUD2.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-6-2009
Subject: Agenda Item No.B.1
Invocation.
The Invocation will be offered by Council member Strother.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-6-2009
Subject: Agenda Item No.B.2
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."
Mayor Pro Tem Sterling will lead the pledges.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-6-2009
Subject: Agenda Item No.B.3
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: 4-6-2009
Subject: Agenda Item No.B.4
Annual update and presentation by the Park Board; discuss and take
appropriate action regarding same.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-6-2009
Subject: Agenda Item No.C.1
Consent Agenda: Discuss and take appropriate action regarding the
approval of the Subdivider's Agreement for an 11.047 acre tract of land
known as The Highlands at Trophy Club Neighborhood 2, Phase 2H.
EXPLANATION: On June 16, 2008, Council approved the Final Plat for Neighborhood
2, Phase 2H of The Highlands at Trophy Club. The developer is ready to move forward
to build the infrastructure of this phase of Neighborhood 2 and is asking for approval of
the Subdivider’s Agreement.
RECOMMENDATION: Staff recommends Council approval of the Subdivider’s
Agreement.
(ch)
Attachments: 1.Subdivider’s Agreement, Neighborhood 2, Phase 2H
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THE HIGHLANDS AT TROPHY CLUB
NEIGHBORHOOD 2, PHASE 2H
SUBDIVIDER'S AGREEMENT
An AGREEMENT between the Town of Trophy Club, Texas (hereinafter referred
to as the "TOWN") and High Trophy Development, LLC acting by and through its duly
authorized representative (hereinafter referred to as the "DEVELOPER"), for the
installation of public improvements and facilities within the TOWN limits of Trophy Club,
Texas, for Neighborhood 2, Phase 2H, more particularly described as a tract of land
consisting of approximately 11.047 acres, hereinafter being referred to collectively as
the "PROJECT," and such public improvements being more particularly described in
Section II of this AGREEMENT. It is understood by and between the parties that this
AGREEMENT is applicable to the lot(s) contained within the Final Plat as presented to
TOWN Staff on June 16, 2008, and to the offsite improvements necessary to support
the PROJECT, more particularly described in Section II of this AGREEMENT. It is
further agreed that this AGREEMENT, when properly signed and executed, shall satisfy
the requirements of the TOWN’S Subdivision Regulations.
I. GENERAL REQUIREMENTS
A. It is agreed and understood by the parties hereto that the DEVELOPER has
employed a registered public surveyor licensed to practice in the State of
Texas to prepare a final plat of the PROJECT.
The PROJECT is planned to be platted for Single Family Residential together
with allowed incidental and accessory uses. The Project received
preliminary plat approval from the Town on December 18, 2006, and final
plat approval from the Town on June 16, 2008.
B. It is agreed and understood by the parties hereto that the DEVELOPER has
employed a civil engineer licensed to practice in the State of Texas for the
design and preparation of the plans and specifications for the construction of
all public improvements and facilities described in Section II and covered by
this AGREEMENT. Unless otherwise specified herein, such plans and
specifications shall be in accordance with the TOWN’S "Design Standards
for Paving, Drainage and Utility Improvements" and the North Central Texas
Council of Governments’ (NCTCOG) Standard Specifications for Public
Works Construction, as presently adopted.
C. The DEVELOPER will award its own construction contract for the
construction of all PROJECT street, sanitary sewer, and other drainage
public improvements and facilities for the completion of the PROJECT. The
DEVELOPER agrees to employ a construction contractor(s) who is approved
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by the TOWN, said contractor(s) to meet TOWN and statutory requirements
for being insured, licensed and bonded to perform work in public rights-of-
way and to be qualified in all respects to bid on public streets and public
projects of a similar nature. The DEVELOPER agrees to submit contract
documents to the TOWN and participate in a pre-construction meeting with
the TOWN and all Developer contractors.
D. Prior to the execution of this Agreement, the commencement of construction,
or the issuance of any building permits, the DEVELOPER shall present to the
TOWN a performance bond(s), payment bond(s) and maintenance bond(s),
meeting the requirements of Chapter 2253 of the Texas Government Code.
Each bond shall individually guarantee and agree to pay an amount equal to
one hundred percent (100%) of the value of the construction costs (as
determined by the TOWN Engineer) for all public improvements and facilities
to be constructed by or on behalf of the Developer for the PROJECT. Any
surety company through which a bond is written shall be a surety company
duly authorized to do business in the State of Texas, provided that the
TOWN, through the Town Attorney, shall retain the right to reject any surety
company as a surety for any work under this or any other SUBDIVIDER’S
AGREEMENT regardless of such Company’s authorization to do business in
Texas. Approvals by the TOWN shall not be unreasonably withheld or
delayed.
1) As an alternative to providing a surety bond for performance and a surety
bond for maintenance as specified hereinabove, Developer may provide
financial assurances for performance and maintenance in the form of a
cash deposit, a certificate of deposit, or irrevocable letter of credit.
Provided however, that such alternative financial assurances shall only be
allowed if each meets all requirements specified in Section 7.2 of the
Town of Trophy Club Subdivision Regulations. All such alternative
financial assurances must be on forms approved by the Town Attorney.
2) As an alternative to the Developer providing a performance bond,
payment bond, and maintenance bond, as specified above, Developer
may provide financial assurances for performance, payment and
maintenance from a single general contractor for the PROJECT, provided
that such assurances meet all other requirements specified hereinabove
and the Town is named as a dual obligee on each such bond.
Additionally, such alternative financial assurances shall only be allowed if
each meets all requirements specified in Section 7.2 of the Town of
Trophy Club Subdivision Regulations. All such alternative financial
assurances must be on forms approved by the Town Attorney.
E. The performance bond(s) shall be submitted in statutory form guaranteeing
the full and faithful completion of the facilities and improvements required
under this Agreement for completion of the PROJECT to the TOWN and
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provide for payment to the TOWN of such amounts up to the total remaining
amounts required for the completion of the PROJECT if the work is not
completed as required hereunder.
F. The payment bond(s) shall be submitted in statutory form guaranteeing
payment of all labor and material costs of the PROJECT and shall be
furnished solely for the protection of all claimants supplying labor and
material in the performance of the work provided for under this
AGREEMENT. The maintenance bond(s) shall guarantee the payment of
any and all necessary maintenance of the PROJECT for a period of two (2)
years following acceptance of the public improvements and facilities by the
TOWN, in an amount equal to one hundred (100%) percent of the value of
the construction costs of all the public improvements and facilities to be
constructed under this Agreement in respect to the PROJECT.
G. Any guarantee of performance, maintenance, or payment instrument (e.g.,
performance bond, payment bond, maintenance bond, letters of credit,
and/or cash deposit or the like) (individually a “Guarantee” or collectively the
“Guarantees”) submitted by or through the DEVELOPER on a form other
than the one which has been previously approved by the TOWN as
"acceptable" shall be submitted to the Town Attorney at the DEVELOPER'S
expense, and construction of the PROJECT shall not commence until the
Town Attorney has approved such Guarantees. Approval by the TOWN (and
the Town Attorney) shall not be unreasonably withheld or delayed. All such
Guarantees shall be maintained in full force and effect until such time as the
DEVELOPER has fully complied with the terms and conditions of this
AGREEMENT as agreed to in writing by the TOWN, and failure to keep
same in force and effect shall constitute a breach of this AGREEMENT.
Failure to maintain performance and payment Guarantees meeting the
requirements of this AGREEMENT shall result in a stop work order being
issued by the Town. Additionally, all Guarantees furnished hereunder which
expire prior to the completion of construction or applicable warranty periods
shall be renewed in amounts designated by the TOWN and shall be
delivered to the TOWN and approved by the TOWN on or before the tenth
(10th) banking day before the date of expiration of any then existing
Guarantee. If the DEVELOPER fails to deliver any Guarantee to the TOWN
within the time prescribed herein, such failure shall constitute a breach of this
AGREEMENT and shall be a basis for the TOWN to draw on all or any
portion of any existing Guarantee in addition to any or all other remedies
available to the TOWN. The DEVELOPER further agrees to release and
forever hold the TOWN harmless from any losses, damages and/or
expenses incurred by the DEVELOPER for any delays due to the TOWN'S
review of any Guarantee which is in a form other than one which has been
previously approved by the TOWN. The TOWN requires the DEVELOPER
to have all Guarantee forms approved prior to the commencement of work
and construction of improvements.
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H. It is further agreed and understood by the parties hereto that upon
acceptance thereof by the TOWN of all public improvements and facilities as
described in Section II of this Agreement, title to all such improvements and
facilities shall be vested in the TOWN, and the DEVELOPER hereby
relinquishes any right, title, or interest in and to such improvements and
facilities or any part thereof. It is further understood and agreed that until the
TOWN accepts such improvements and facilities, the TOWN shall have no
liability or responsibility with respect thereto. Acceptance of the
improvements and facilities shall occur at such time as the TOWN, through
its TOWN Engineer, provides the DEVELOPER with a written
acknowledgment that all improvements and facilities are complete, have
been inspected and approved and are being accepted by the TOWN.
I. The DEVELOPER’S Engineer has prepared detailed estimates of
$369,811.80 and the TOWN Engineer has approved an estimate of
$369,811.80 for the cost of public improvements and facilities for this Project.
The detailed cost estimates are a part of this AGREEMENT and are attached
hereto as "Attachment A" and incorporated herein. The TOWN shall not
accept any construction improvements outside of the PROJECT and the two
(2) year warranty for such improvements shall not commence until all
construction activities are completed and accepted by the TOWN.
J. Upon TOWN’S approval and acceptance of the final plat and the engineering
plans, the final plat will be recorded with the County Clerk of Denton County.
No building permits will be issued for any lots on/in the Project until the final
plat is filed and the public improvements and facilities specified herein are
completed and accepted by the TOWN.
K. The DEVELOPER, DEVELOPER'S contractors (prime, general and major
subcontractors) and TOWN, as well as any other third party deemed
necessary by the Town, shall participate in a pre-construction conference
prior to the initiation of any work. At or prior to the pre-construction meeting,
DEVELOPER shall provide the TOWN with the following documents: 1) Two
(2) copies of all executed construction contracts; 2) List of all
contractors/subcontractors and their project assignments; 3) Five (5) full sets
and three (3) half sets (and additional sets as necessary for any contractors)
of approved construction plans and specifications. This list of
contractors/subcontractors shall be updated within seven days of any
changes. The DEVELOPER agrees to give the TOWN at least twenty-four
(24) hours prior written notice of his/her intent to commence construction of
all public improvements and facilities, so that the TOWN, if it so desires, may
have its representatives available to inspect the beginning and continuing
progress of all work. DEVELOPER shall submit all documentation
evidencing that each of the Guarantees required under this AGREEMENT
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have been provided and all required insurance has been obtained prior to the
pre-construction meeting.
L. The DEVELOPER agrees to notify all contractors and subcontractors
working on the PROJECT that all their work is subject to inspection by a
TOWN Inspector at any time, and that such inspection may require a
certification by the contractors and subcontractors of the type, kind, and
quality of materials used on the PROJECT.
M. Should any work or construction of improvements or facilities on the
PROJECT which has not been contemplated in the current construction
documents (plans and specifications), the plat, or this AGREEMENT,
become necessary due to site conditions, then the DEVELOPER shall be
required to contact in writing (with a copy to the TOWN of Trophy Club), with
the TOWN Engineer to determine how such work or construction should
progress. The DEVELOPER further agrees to follow all reasonable
recommendations and requirements imposed by the TOWN Engineer in such
instance. (Addresses for points of contact are as follows:)
Town of Trophy Club Teague, Nall & Perkins
Mr. Brandon Emmons, Town
Manager
Mr. Tom Rutledge, Town Engineer
100 Municipal Drive 1100 Macon Street
Trophy Club, Texas 76262 Fort Worth, Texas 76102
Phone: 682/831-4600 Phone: 817.336.5773
Fax: 817.490.0705 Fax: 817.336.2813
Email:
bemmons@ci.trophyclub.tx.us
Email: trutledge@tnp-online.com
N. The DEVELOPER agrees to cause all work and construction of
improvements and facilities to be stopped upon twenty-four (24) hour
notification from the TOWN Engineer of nonconforming improvements,
including the materials used and the methods of installation. The
DEVELOPER further agrees to correct all nonconformities in accordance
with the TOWN Engineer’s instructions.
O. The DEVELOPER is encouraged not to convey title of any lots of the
PROJECT, until all construction in respect to the PROJECT required in
Section II is complete and the TOWN has approved and accepted the work
and improvements in respect thereof. The DEVELOPER understands that
the TOWN will issue no building permits for improvements on any lot in the
Project until all public improvements and facilities in respect to the Project
are completed in accordance with this Agreement. Further, DEVELOPER
agrees to inform all persons or entities purchasing the lots or any interest in
the lots that TOWN will not issue any building permits until all public
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improvements and facilities are completed in accordance with this
Agreement.
P. After completion and prior to acceptance of all work, the DEVELOPER must
furnish to the TOWN an affidavit of all bills paid.
Q. Developer is responsible for maintenance of all common areas.
II. PUBLIC IMPROVEMENTS AND FACILITIES TO BE CONSTRUCTED
A. The following public improvements and facilities are to be constructed and
completed in accordance with the approved plans and specifications as
described in Attachment “B”:
1) Streets.
2) Drainage and Storm Sewer.
3) Sewer.
4) Water Distribution System.
5) Landscaping.
6) Subdivision Wall.
7) Signs.
8) Driveways and Walkways.
9) Lights
10) Common Area
B. Other.
1. Bench marks to be located as shown on the approved plans.
2. Upon completion, three (3) sets of as-builts/record drawings shall be
submitted to the TOWN within two (2) months following the acceptance of
the public improvements and facilities.
3. Testing
The DEVELOPER shall provide all geotechnical and materials tests
required by the TOWN Engineer and TOWN Inspector at the
DEVELOPER’S cost in accordance with Section 7.03 of Article 7, Chapter
12 of the Town’s Code of Ordinances. Such tests shall be conducted by
an independent laboratory acceptable to the Town.
4. Permits
The DEVELOPER will pay a Community Facilities inspection fee in the
amount of $18,490.59 (5% of $369,811.80) to cover the cost of TOWN
inspection fees as related to the construction of the Project. The
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Developers may be obligated to pay other TOWN fees as set forth in the
TOWN’S Schedule of Fees, as may be amended from time to time. The
DEVELOPER will be responsible for obtaining any other permits which
may be required by other federal, state or local authorities.
5. Planned Development District No. 27.
Developer shall construct and maintain all improvements in accordance
with the TOWN approved Planned Development District No. 27 and all
TOWN approved amendments thereto.
III. GENERAL PROVISIONS
A. The DEVELOPER agrees to furnish and maintain at all times prior to the
TOWN’S final acceptance of the public improvements and community
facilities for the Project, an owners protective liability insurance policy naming
the TOWN as insured for property damage and bodily injury in the amounts.
Coverage shall be on an “occurrence” basis and shall be issued with a
combined bodily injury and property damage minimum limit of $600,000 per
occurrence and $1,000,000 aggregate.
B. Exclusive venue of any action brought hereunder shall be in Denton, Denton
County, Texas.
C. Approval by the TOWN Engineer of any plans, designs or specifications
submitted by the DEVELOPER pursuant to this AGREEMENT shall not
constitute or be deemed to be a release of the responsibility and liability of
the DEVELOPER, his engineer, employees, officers or agents with respect
to the construction of any of the PROJECT’S improvements or facilities, or
for the accuracy and competency of the PROJECT’S improvements and
facilities design and specifications prepared by the DEVELOPER'S
consulting engineer, his officers, agents, servants or employees, it being the
intent of the parties that the approval by the TOWN Engineer signifies the
TOWN'S approval on only the general design concept of the improvements
and facilities to be constructed. The DEVELOPER shall release,
indemnify, defend and hold harmless the TOWN, its officers, agents,
servants and employees, from any demands, actions, causes of action,
obligations, loss, damage, liability or expense, including attorneys fees
and expenses, on account of or with respect to damage to property and
injuries, including death, to any and all persons which may arise out of
or result from any defect, deficiency or negligence in the construction
of the PROJECT’S public improvements and facilities or with respect to
the DEVELOPER'S Engineer’s designs and specifications incorporated
into any improvements and facilities constructed in accordance
therewith, and the DEVELOPER shall defend at his own expense any
suits or other proceedings brought against the TOWN, its officers,
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agents, servants or employees, or any of them, on account thereof, and
pay all expenses and satisfy all judgments which may be incurred or
rendered against them or any of them in connection herewith. All
responsibility and liability for drainage to adjacent and downstream
properties from development of this PROJECT will accrue to the
DEVELOPER.
D. Liability for construction. The DEVELOPER, its successors, permittees,
permitted assigns, vendors, grantees and/or trustees do hereby fully
release and agree to indemnify, hold harmless and defend the TOWN,
its officers, agents, servants and employees from all losses, damage
liabilities, claims, obligations, penalties, charges, costs or expenses of
any nature whatsoever, for property damage, personal injury or death,
resulting from or in any way connected with this contract or the
construction of the improvements or facilities or the failure to
safeguard construction work, or any other act or omission of the
DEVELOPER or its contractors or subcontractors, their officers, agents,
servants or employees related thereto.
E. Final Acceptance of Infrastructure. The TOWN will not issue a Letter of
Acceptance until all public facilities and improvements are completely
constructed (Final Completion) to the satisfaction of the TOWN Engineer or
his agent. However, upon Substantial Completion, a “punch list” of
outstanding items shall be presented to the Developer’s contractor(s)
indicating those outstanding items and their deficiencies that need to be
addressed for Final Completion of the Improvements.
F. Neither this Agreement nor any part hereof or any interests, rights, or
obligations herein, shall not be assigned by the DEVELOPER without the
express written consent of the TOWN Council.
G. All work performed under this AGREEMENT shall be completed within
eighteen months from the date hereof. In the event the work is not
completed within the eighteen (18) month period, the TOWN may, at its sole
election, draw down or otherwise exercise it rights under or with respect to
any Guarantee provided by the DEVELOPER and complete such work at
DEVELOPER'S expense; provided, however, that if the construction under
this AGREEMENT shall have started within the eighteen (18) month period,
the TOWN may agree to renew the AGREEMENT with such renewed
AGREEMENT to be in writing and in compliance with the TOWN policies in
effect at that time. Notwithstanding the foregoing, in the event that the
performance by either party of any of its’ obligations or undertakings
hereunder shall be interrupted or delayed by any occurrence and not
occasioned by the conduct of either party hereto, whether such occurrence
be an act of God or the common enemy or the result of war, riot, civil
commotion, or sovereign conduct, then upon written notice of such
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occurrence, such party shall be excused from performance for a period of
time as is reasonably necessary after such occurrence to remedy the effects
thereof, and each party shall bear the cost of any expense it may incur due to
the occurrence.
H. This Subdivider's AGREEMENT shall be construed in accordance with the
Town of Trophy Club, Texas Subdivision Regulations and all other applicable
ordinances. Any conflicts between the provisions of this Subdivider’s
AGREEMENT, the TOWN'S Subdivision Regulations, TOWN Ordinances,
and State and Federal law, shall be construed in favor of the TOWN’s
ordinance(s) as allowed by law, subject to Chapter 245 of the Local
Government Code. To the extent that any such conflict exists, only that
portion of the Subdivider’s AGREEMENT which is in conflict shall be
severable from the other provisions of the AGREEMENT, and such conflict
shall in no manner affect the validity or enforceability of the remaining
provisions.
I. All rights, remedies and privileges permitted or available to the TOWN under
this AGREEMENT or at law or equity shall be cumulative and not alternative,
and election of any such right, remedy or privilege shall not constitute a
waiver or exclusive election of rights, remedies or privileges with respect to
any other permitted or available right, remedy or privilege. Additionally, one
instance of forbearance by the TOWN in the enforcement of any such right,
remedy or privilege, shall not constitute a waiver of such right, remedy or
privilege by the TOWN. A default under this AGREEMENT by the TOWN
shall not result in a forfeiture of any rights, remedies, or privileges under this
AGREEMENT by the TOWN.
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SIGNED AND EFFECTIVE on the date last set forth below.
DEVELOPER:
By:
Date:
By:
Project Manager
Date:
TOWN OF TROPHY CLUB:
By:
Mayor, Town of Trophy Club
ATTEST:
___________________________
Town Secretary, Town of Trophy Club
Date: ______________________
APPROVED AS TO FORM:
____________________________
Town Attorney, Town of Trophy Club
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ATTACHMENT A –DETAILED COST ESTIMATES
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-6-2009
Subject: Agenda Item No.C.2
Consent Agenda: Discuss and take appropriate action regarding a
Resolution approving the submission of the grant application for the Byron
Nelson High School Resource Officer Program for the 2009-2010 fiscal year
and designating the Town Manager as the authorized official for the Town.
EXPLANATION:
This grant, if funded, would provide for a School Resource Officer for Byron Nelson
High School. The grant is structured to pay 100% of the salary and benefits the first
year, 80% the second year, and 60% the third year. It is anticipated that NISD would
participate in funding the position the second and third years.
RECOMMENDATION:
ACTION BY COUNCIL:
(sk)
Attachments: 1. Resolution
27
TOWN OF TROPHY CLUB
RESOLUTION 2009-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, APPROVING THE SUBMISSION OF THE
GRANT APPLICATION FOR THE HIGH SCHOOL RESOURCE
OFFICER PROGRAM FOR THE 2009-2010 FISCAL YEAR:
AUTHORIZING THE TOWN MANAGER OR HIS DESIGNEE TO
EXECUTE ALL NECESSARY DOCUMENTS; AND PROVIDING AN
EFFECTIVE DATE:
WHEREAS, The Town of Trophy Club finds it in the best interest of the citizens
of Town of Trophy Club that the High School Resource Officer Program be operated in
the 2009-2010 fiscal year; and
WHEREAS, The Town of Trophy Club agrees to provide applicable matching
funds for the said project as required by the Safe and Drug Free Schools and
Communities Act (SDFSC) grant application; and
WHEREAS, The Town of Trophy Club agrees that in the event of loss or misuse
of the Criminal Justice Division funds, the Town of Trophy Club assures that the funds
will be returned to the Criminal Justice Division in full; and
WHEREAS, The Town of Trophy Club designates Brandon Emmons, Town
Manager, as the grantee’s authorized Official. The authorized official is given the power
to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency
and to execute or name a designee to execute all necessary documents.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS;
Section 1. That the Town of Trophy Club approves submission of the grant
application for the School Resource Officer Program to the Office of the Governor,
Criminal Justice Division and authorizes the Town Manager or his designee to execute
all necessary documents.
Section 2. That, this Resolution shall become effective from and after its date
of passage in accordance with law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this 6th day of April, 2009.
______________________________
Nick Sanders, Mayor
Town of Trophy Club, Texas
28
ATTEST:
______________________________
Town Secretary
Town of Trophy Club, Texas
[Seal]
APPROVED AS TO FORM:
____________________________________
Town Attorney
Town of Trophy Club, Texas
29
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-6-2009
Subject: Agenda Item No.C.3
Consent Agenda: Discuss and take appropriate action regarding a
Resolution approving the submission of the grant application for the
extension of the current School Resource Officer Program for the 2009-
2010 fiscal year and designating the Town Manager as the authorized
official for the Town.
EXPLANATION:
This grant, if funded, would extend the current School Resource Officer for the fifth and
final year. It would provide 40% of the funding for this position. This FY NISD has
picked up 30% of the funding for the position with Trophy Club responsible for the
remaining 30%. We anticipate that NISD will participate in the same manner in FY 09-
10.
RECOMMENDATION:
ACTION BY COUNCIL:
(sk)
Attachments: 1. Resolution
30
TOWN OF TROPHY CLUB
RESOLUTION 2009-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, APPROVING THE SUBMISSION OF THE
GRANT APPLICATION FOR THE SCHOOL RESOURCE OFFICER
PROGRAM FOR THE 2009-2010 FISCAL YEAR: AUTHORIZING THE
TOWN MANAGER OR HIS DESIGNEE TO EXECUTE ALL
NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE:
WHEREAS, The Town of Trophy Club finds it in the best interest of the citizens
of Town of Trophy Club that the School Resource Officer Program be operated in the
2009-2010 fiscal year; and
WHEREAS, The Town of Trophy Club agrees to provide applicable matching
funds for the said project as required by the Safe and Drug Free Schools and
Communities Act (SDFSC) grant application; and
WHEREAS, The Town of Trophy Club agrees that in the event of loss or misuse
of the Criminal Justice Division funds, the Town of Trophy Club assures that the funds
will be returned to the Criminal Justice Division in full; and
WHEREAS, The Town of Trophy Club designates Brandon Emmons, Town
Manager, as the grantee’s authorized Official. The authorized official is given the power
to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency
and to execute or name a designee to execute all necessary documents.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS;
Section 1. That the Town of Trophy Club approves submission of the grant
application for the School Resource Officer Program to the Office of the Governor,
Criminal Justice Division and authorizes the Town Manager or his designee to execute
all necessary documents.
Section 2. That, this Resolution shall become effective from and after its date
of passage in accordance with law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this 6th day of April, 2009.
______________________________
Nick Sanders, Mayor
Town of Trophy Club, Texas
31
ATTEST:
______________________________
Town Secretary
Town of Trophy Club, Texas
[Seal]
APPROVED AS TO FORM:
____________________________________
Town Attorney
Town of Trophy Club, Texas
32
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-6-2009
Subject: Agenda Item No.C.4
Consent Agenda: Discuss and take appropriate action to approve an
amendment to the Bank resolution naming authorized representatives on
First Financial Bank and Texpool signature accounts.
EXPLANATION:
First Financial – Removing Stephanie Gohlke and adding Kathy DuBose
Texpool – Removing Nick Sanders, adding Kathy DuBose and naming Kathy DuBose
as contact person.
RECOMMENDATION:
ACTION BY COUNCIL:
(kd)
Attachments: 1. None
33
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-6-2009
Subject: Agenda Item No.C.5
Consent Agenda: Discuss and take appropriate action to approve
financials and variance report dated:
a. February 2009
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Variance Report dated February 2009
34
35
36
37
38
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-6-2009
Subject: Agenda Item No.C.6
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, January 26, 2009.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmh)
Attachments: 1. Minutes dated January 26, 2009
39
MINUTES OF SPECIAL TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, January 26, 2009 at 7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Special Session on
Monday, January 26, 2009. 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
Kathleen Wilson Council Member
Jim Moss 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
A.1 Mayor Pro Tem Sterling called to order and announced a quorum at 7:00
p.m.
Mayor Pro Tem Sterling announced that Mayor Sanders would be late due to traffic and
weather.
A.2 Mayor Pro Tem Sterling offered the Invocation.
A.3 Council Member Edstrom led the Pledges.
A.4 Citizen Presentations:
JD Stotts, 1 Narrow Creek Court – Addressed the Council with his concerns regarding
Amenity Lake #3.
40
Mayor Sanders allowed a processor to serve him a Temporary Restraining Order (TRO)
filed by MUD2 against the Town.
Mayor Sanders acknowledged the quorum of MUD1 and MUD2 Directors and asked if
they wanted to announce a quorum.
MUD1 Director Cantrell said that although there were four MUD1 Directors present, all
were attending as residents.
MUD2 President Budarf announced a quorum of MUD2.
MUD1 Director Twomey, 203 Oakmont Drive gave his time to Pauline Twomey.
Pauline Twomey, 203 Oakmont Drive – Addressed the Council regarding the MUD
Consolidation Task Force and Charter Review Committee.
Joseph Boclair, 17 Meadowbrook Lane – Addressed the Council regarding the
consolidation of the Town/MUD2.
MUD1 Director/Master District Chair White, 119 Trophy Club Drive – Updated the
Council on the action taken at the Special/Joint MUD1 and MUD2 meeting this morning.
White said that she really hopes that the Town and MUDs could come together and
work things out.
Mayor Sanders read the following statement regarding Item B.2:
“On November 16th, Town counsel met in a strategic planning session and
came away with a preliminary list of the biggest issues we face, a list of the
top five items that give our Town challenge and a list of five wishes for the
next ten years. In that meeting we came away with an understanding that the
governance issue we face was among the top three concerns and goals of the
entire Council.
Tonight we are holding this special session for several reasons, but most
importantly to protect the rights of our citizens of the Town and of the MUDs.
The major issue before us tonight is whether or not the Council wants to move
forward with its right to dissolve MUD 2 as opposed to just moving forward
with the consolidation plans of the MUDs. This is the Governance issue. The
MUDs would have you believe that consolidation will be better than the Town
taking over MUD2.
The reason for a special session is that members of council requested it so
that we could have all members present in this discussion. Because Council
member Wilson is not going to be present at our Feb 2nd regular meeting; and
the possible action that various citizen groups might want to take based on the
results of this meeting. Council felt it best that we move forward on this
41
schedule with any action they may want to take. You see, if the Town were to
approve the proposed ordinance, then any group of citizens could put together
a referendum with the appropriate number of signatures to force the issue to a
vote of the citizens. If the Council did not pass the proposed ordinance, then
any group of citizens who wanted to see the issue placed on the May ballot
would have about 30 days to get their required signatures for an initiative,
which is 20% of qualified registered voters,.
As it turns out, because of legal action filed today on behalf of MUD2, we will
not be voting. They filed for a Temporary Restraining Order that was granted
by a Denton County Judge who would not even hear any arguments, just
granted the TRO and said we could discuss it in court in 14 days. In fact,
while the MUDs were meeting this morning they instructed Finance to transfer
$150,000 to First Financial Bank and to get a Cashiers Check made payable
to the Liston Law Firm for this litigation. All of this was going on while the
meeting was in process and was done before the consolidation agreement
was voted upon.
Our legal research of this issue provides the following: From the Town’s
Attorney email of Jan 8, 2009: Both the Town and MUDs have always agreed
that Local Government Code section 43.074 is the section applicable to the
dissolution of MUD2. However, the exact language of 43.074(a) states that a
municipal utility district that was “created from area that, at the time of the
district’s creation, is located wholly in a municipality” may be abolished as
specified in 43.074. Technically speaking, since MUD2 was created prior to
the incorporation of the Town, MUD2 was not created from area that was
located within the Town, and Section 43.074 may not apply to the dissolution
of MUD2. Based upon additional research, it appears that Section 43.075 of
the Texas Local Government Code contains the dissolution process that is
actually applicable to MUD2, and that pursuant to the terms of that section,
there is an argument that MUD2 was automatically dissolved within ninety
days after the Town incorporated to include the entire area of MUD2 back in
1985.
Section 43.075 (2) applies to a municipality that by its incorporation includes in
the municipality all or a part of the area in a municipal utility district.
Section 43.075 (d) provides that if all of the area in the district becomes part of
the municipality, the municipality “shall” take over all the property and other
assets of the district; assume all debts, liabilities and obligations of the district
and “shall” perform all functions of the district, including the provision of
services. This section appears to impose a mandatory requirement on a city
that incorporates the entire boundaries of a municipal utility district to take
over the responsibilities and assets of that district. When the Town
incorporated in 1985, all of the area of MUD2 was included in the boundaries
of the Town.
42
Upon first review of LGC 43.075 it appears that it became the law in 1987, two
years after the Town incorporated and therefore would not be applicable to the
Town’s incorporation in 1985. However, further research indicates that prior
to 1987 and even as far back as 1947, the Texas Civil Statutes contained a
provision that was the same as or similar to that currently found in LGC 43.075
specifying the process for the assumption of a municipal utility district when a
Town incorporated the entire boundaries of that district into its city boundaries.
Section 1182c-1 of the Texas Civil Statutes was the predecessor to LGC
43.075. Because of the amount of time that has passed from 1985 until
present, the full text of Section 1182c-1 as it existed on the date of the Town’s
incorporation in 1985 is difficult to access, and we have not yet been able to
obtain that full text.
Our legal opinion is that given that a city is the pre-eminent power within its
boundaries, a court would probably decide that City consent must be obtained
before the two MUDs can consolidate, especially since a consolidation
changes the City’s rights as to dissolution of MUD2.
There is a way other than litigation to obtain a definitive answer to the
question. We could ask that the Public Finance Section of the Attorney
General’s office to give us an opinion as to whether City consent is required.
This is not a formal Attorney General Opinion process. This is a procedure
bond lawyers use to get guidance on issues, such as this one, that will affect
future bond issues. If the two MUDs in question consolidate and then sell
bonds, their bonds must go to the Public Finance Section to be reviewed and
approved. The transcript of the consolidation proceedings will have to be
submitted as part of the bond approval process. Asking for an opinion in
advance of an issuance tells the bond lawyer how to proceed, i.e. whether he
must obtain City consent.
Our attorney was not able to locate a copy of 1182c-1 of the Civil Statutes
from the time of the Town's incorporation in 1985. She was able to get a copy
of the 1182c-1 statute from 1987 prior to its codification, and by using it along
with other historical information was able to make a conclusion regarding the
text of that section in 1985. Unfortunately, it appears that in 1971 there was
an amendment which removed the automatic assumption in the absence of an
ordinance. Since the history showed no further amendments between 1971
and the date of its codification in 1987, it does not appear that the 1985 statute
contained the automatic assumption provision currently contained in LGC
43.075. Apparently, when the Texas Legislature codified that section into the
Local Government Code, it changed the language back to the original
language which provided for the automatic takeover of a water district
incorporated entirely into a city.
43
We could make the automatic assumption argument under 43.075 based upon
the plain language of the statute; however, there is no case or other authority
to support that interpretation.
Today at the joint MUD meeting, a member of MUD1 said that the important
thing was that the citizens get the right to vote. That is true in the since of a
consolidation, but not true in the since if they want the Town to take over
MUD2. If the Council had been allowed to vote, then the issue would be up to
the citizens if they want to force the vote or uphold the action of Council. Our
Town Charter allows for various forms of actions that could have been taken.
As it now stands, we will not get a ruling on the TRO for two weeks and
therefore if Council were to take action to pass a proposed ordinance, those
citizens who wanted that to be voted upon, would have very little time to take
any action without the decision being forced to the November election date.”
Mayor Sanders concluded by stating as a result of the pending litigation, conversations
between the Entities now have to be limited.
B.1 Receive report and overview for the storm water account, to include
explanation of monies used to date and the balances. Council discussion
and appropriate action regarding same.
A. Discuss and take appropriate action regarding the storm water issues on
Inverness Drive, as inherited from the MUDs at the time the Town took over
Storm Water.
Mayor Sanders said that he placed this item on the Agenda based on the concern of a
MUD Director.
Town Manager Emmons stated that the Town took over the Storm Water in October
2003, but the transfer of funds from the MUDs to the Town occurred in March 2004.
The amount transferred was $42,000 and by the end of the year there was a balance of
$57,000 in the fund. The Town expended $19,000 during the year and it left a balance
of approximately $38,000. For FY2004/2005 the Town collected $36,000 and expended
$10,000 leaving a total ending balance of $64,000. In FY2005/2006 the Town collected
$36,000 and expended $66,000 (Cyprus and Inverness repairs and engineering). The
repairs left a beginning balance of approximately $34,000 when the Town increased the
fee to $3.00. Since October 2006, we have collected approximately $244,000 and
expended $108,000 to date, which leaves a current balance of $170,000. Since
October 2006, our largest expenditures have been Salaries ($39,000), Engineering
($30,000), Maintenance ($14,000) and NCTCOG Dues ($6,000). The Town currently
had projects planned that will utilize some of our remaining balance such as the Timber
Ridge drainage improvements ($134,000) and Overhill/Timberline (approx $20,000).
Council member Moss clarified that GASB gets a portion of the Storm Water funds.
44
Council member Edstrom confirmed that the $3.00 fee was an average of what cities
charge in the area based on the survey provided by Town Manager Emmons.
MUD2 President Jim Budarf, 547 Indian Creek – Said his personal audit showed that
these funds were never filtered through the GASB account. Budarf questioned $39,000
salary in the Storm Water Budget.
Town Manager Emmons stated the money was in the Storm Water and GASB fund.
Emmons said that he was not aware of a contract with Utility District for maintenance
and that the 2006 repairs on Inverness were contracted out. Emmons assured that the
Town had an audit performed every year and to look for irregularities and explained the
$39,000 salary was spread over several years and not an annual salary.
Council member Edstrom suggested that a simple conversation with the Town Manager
would have been simpler rather than throwing out allegations.
Council member Wilson stated that Mr. Budarf asked the question as a citizen and that
his presentation was not out of order.
No action taken.
B.2 Discuss and take appropriate action approving an Ordinance providing for
the consolidation of Municipality Utility District #2 into the Town of Trophy
Club as authorized pursuant to "state law, including without limitation local
government code.”
Mayor Sanders said due to the current restraining order the Town was unable to take
action. Sanders suggested the Council discuss the issue.
Town Manager Emmons provided a Consolidation Report to Town Council.
Council member Moss stated in order to decide what was best, he would need to see
both the short and long term impact to the residents and felt the Consolidation
Committee was working on creating a report. Moss said that he could not make a
decision until he saw the numbers and felt that the Consolidation Committee was the
appropriate group to prepare the data.
Town Attorney Adams advised that under the TRO, the Town was open to discuss the
Item but could not take any action. Adams said that a hearing on the merits on seeking
a permanent restraining order was set for February 6, 2009.
Council member Edstrom said that it was ironic; everyone wants the right to vote, yet,
MUD2’s action limited Council’s right to vote.
45
Mayor Sanders read a letter submitted by Lou Opipare, 32 Crestwood – Against B.2
Dennis Sheridan, 1 Hillcrest – Clarified that at least four (4) of the Town Council
members would have to vote in the affirmative in order to adopt the Ordinance.
MUD1 Director Jim Hase, 209 Inverness Drive – Said that the Consolidation Committee
only had a draft version.
MUD2 President Jim Budarf, 547 Indian Creek – Spoke against the Town absorbing
MUD2 and said that the Town needed to be well into negotiations with Westlake prior to
making the move.
MUD1 Director Neil Twomey 203 Oakmont Drive – Presented updated data and
numbers which will be reviewed by the Consolidation Committee tomorrow at their
meeting.
MUD2 Director Jim Thomas, 7 Meadowbrook Lane – Stated the whole idea behind the
Consolidation Committee was to form a group to collect the numbers, argue those
numbers and then present those numbers to all Entities.
Pete Reincke, 3 Colonial Court – Appreciated the confidence in his ability to produce
the right numbers but said that he did not think that was his place. Reincke said it was
his job to assure that the Consolidation Committee was being thorough in their research
and that two members from each Board should be able to come together and agree that
the numbers were correct.
Mayor Pro Tem Sterling said that per Director Hase, the Committee was gathering
unbiased numbers and had not received or reviewed the Town’s numbers, yet MUD2
filed a Temporary Restraining Order against the Town. The difference is long term
versus short term and the consolidation of MUD1 and MUD2 is short term, it does not
solve the ultimate goal and would only delay the payments and taxes. The Town taking
over MUD2 is long term solution. The Town’s plan is a long term solution, whereas the
MUDs’ plan takes one step and stalls out. Sterling stated that based on the TRO, the
purpose of the Consolidation Committee is now unclear.
Council member Wilson said that MUD2 had every right to block the Council’s vote as
the Council was prepared to take action tonight to absorb MUD2. Wilson said she was
sworn in to do what’s best on behalf of the residents and did not believe what was
occurring was the solution or fulfilling her oath. The current financial climate was not
favorable to incur further hardships upon our residents. Wilson stated that the
personalities needed to be removed from the conflict in order to find the best answer
and resolution possible.
MUD2 Director Jim Thomas, 7 Meadowbrook - Agreed that Trophy Club needs to do
away with as many entities as possible and that he was instrumental with the dissolution
of MUD3. Thomas said while attending the American Public Works Association
46
Conference the past weekend, he learned that there are hundreds of MUDs that exist
within Texas municipalities and do so successfully.
Rob Stecker, 12 Meadowbrook Lane – Said that he was ashamed of the Council and
their lip service, stating that dissolution is in the citizen’s best interest. Stecker said he
was sick of hearing about his numbers versus her numbers and asked what the actual
numbers were.
Council member Strother appreciated the citizen’s comments. Strother said his goal as
a Council member is to help the Town run more like a business; effectively and
efficiently while understanding the complexity of governance with a Town, MUD1,
MUD2 and a Master District. Strother stated the Town asked to participate in the
Consolidation Committee, and he has diligently rearranged his other business priorities
in order to attend the meetings. Strother continued that the Council understood if they
took action regarding a consolidation Ordinance, a citizens’ group would file a petition
for a referendum. A citizen referendum would allow the residents to choose whether
MUD1 and MUD2 should consolidate or if the Town should absorb MUD2. Due to the
TRO the Mayor was served, the Town Council no longer has that opportunity, but now
has to spend the resident’s money answering a lawsuit. Strother said that he is looking
at the long term goal, which may be to eliminate the MUDs - if it is in the best interest of
the Town.
MUD2 President Jim Budarf stated that the MUDs called the election, but did not
approve the ballot language. Budarf said that the MUDs are open to the Town, MUD1
and MUD2 Attorneys working through the ballot language.
Mayor Sanders clarified that the MUD Orders approved this morning at the Joint Special
Session of MUD1 and MUD2 provided ballot language.
Rob Stecker, 12 Meadowbrook Lane – Asked the Council if this legal maneuver was the
only way to get this issue to a vote. Stecker asked why the Elected Officials did not pick
up the phone and call one another.
Council member Strother explained the timing involved and the process in order to bring
both issues to residents at the same time. Strother added that Council member Wilson
was going to out of town and was going to miss the February 2, 2009 meeting.
Therefore a special meeting was called in order to allow the entire Council a vote.
Council member Edstrom responded that there is a lot of maneuvering going on, by all
entities.
Bill Rose, 219 Inverness – Said that he thought the attorneys should work together and
write the ballot language.
MUD2 Director Jim Thomas, 7 Meadowbrook – Asked Town Attorney Adams to explain
the process following the vote on the Ordinance.
47
Town Attorney Adams explained that had the Council had the ability to act, approval of
this Ordinance would have required a majority vote. If the vote was 2:3, the Ordinance
would have failed, allowing the residents to file a petition, forcing it to the ballot in May,
as opposed to waiting until November.
Peggy Sweeney, 51 Meadowbrook – Said she was astonished with the turn of events of
today and compared it to a chess match that is taking her right to vote away.
MUD2 President Jim Budarf referenced the $150,000 money transfer from this morning,
stating that had Council voted to take over MUD2, all accounts would have been frozen.
Mayor Sanders advised that residents asked for the Council to vote on the very matter.
The special meeting was called to allow all Council members the opportunity to vote.
MUD1 Director Jim Hase offered for Town Attorney Adams to work with MUD Attorneys
Pam Liston and Bob West on a recommendation to present to the groups. Mayor
Sanders responded that when Town Attorney Adams attempted this, Liston and West
said that they do not have the Boards’ permission. MUD2 President Jim Budarf said
that he would talk to Pam Liston about this issue in the morning.
Council instructed Town Attorney Adams and Town Manager Emmons to work together
with the MUD Attorneys creating ballot language that would allow the residents to vote
on all issues.
No action could be taken.
Town Council did not convene in Executive Session.
*EXECUTIVE SESSION
C.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section
551.071 (1) and (2) "Consultation with Attorney", the Council will enter into
executive session to discuss the following:
A. Legal advice related to consolidation of the MUD1 and MUD2;
dissolution of MUD2.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
C.2 Discuss and take appropriate action relative to Executive Session Item
Number C1.
No action taken.
48
D.1 Adjourn.
Motion made by Sterling, seconded by Wilson to adjourn. Meeting adjourned at 10:15
p.m.
____________________________ ___________________________
Lisa Hennek, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
49
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-6-2009
Subject: Agenda Item No.C.7
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, February 2, 2009 Joint Session.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmh)
Attachments: 1.Minutes dated February 2, 2009
50
MINUTES FROM
SPECIAL JOINT SESSION BETWEEN
TROPHY CLUB TOWN COUNCIL and
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
And TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2
MONDAY, FEBRUARY 2, 2009 at 6:00 p.m.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Joint/Special Session on
Monday, Thursday, February 2, 2009. 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
Glenn Strother Council Member
TOWN COUNCIL MEMBERS ABSENT:
Kathleen Wilson Council Member
MUNICIPAL UTILITY DISTRICT NO. 1 DIRECTORS PRESENT:
Dean Henry President
Gary Cantrell Vice President
Connie White Secretary/Treasurer
Jim Hase Asst. Secretary/Treasurer
Neil Twomey Director
MUNICIPAL UTILITY DISTRICT NO. 2 DIRECTORS PRESENT:
Jim Budarf President
Kevin Carr Vice-President
James C. Thomas Secretary/Treasurer
Carol Borges Director
Steven Kohs Director
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
51
Mary Moore Recording Secretary
Robert Scott Utility Superintendent
Bob West Attorney
Pam Liston Attorney
*SPECIAL JOINT SESSION (6:00 P.M. – 7:00 P.M.)
A.1 Call to Order and Announce a Quorum.
Mayor Sanders called the Town Council to order at 6:01 p.m. noting a quorum was
present.
MUD1 President Dean Henry called MUD1 to order at 6:01 p.m. noting a quorum was
present.
MUD2 President Jim Budarf called MUD2 to order at 6:01 p.m. noting a quorum was
present.
*All Entities were allowed to participate in the following discussions. The Items were
posted with the Specific Entity that will be voting on the matter.
B.1 Discuss and take appropriate action to approve Agreed Court Order
between the Town of Trophy Club (Town) and Trophy Club Municipal Utility
District No. 2 (TCMUD2) whereby the Town would discontinue any attempts
to abolish TCMUD2 until after the canvassing of the May 9, 2009 election
and TCMUD2 would dismiss the injunction lawsuit currently pending in
Denton County. (Voting Entity: Town Council)
Noting no objections, Mayor Sanders took the group into a Committee of a Whole.
Mayor Sanders referenced Director Budarf’s suggestion at the Council’s January 26,
2009 meeting to have the Attorneys work on ballot language to cover both issues
(MUD1 and MUD2 consolidation and MUD2 absorption by the Town.) A draft of the
Agreed Court Order was provided.
Town Attorney Adams said the Agreed Court Order and ballot language is a draft based
upon the concept indicated at the January 26, 2009 Council meeting. Adams said that
under the TRO the Town could not take action but could provided input. MUD2
Attorney Pam Liston explained that there had been multiple discussions between the
Town, MUD and Bond Attorney. Liston was not certain that the group should dive into
the document yet as the Attorneys were still working out logistics.
Town Attorney Adams stated the complexity is the ballot language that would produce
inconsistent results.
52
Adams said State law allows the Town to absorb MUD2 by Ordinance, not Election.
The Charter provides for a referendum should the qualified voters not approve of
Council’s action regarding an Ordinance.
MUD2 Attorney Pam Liston stated concern about both issues on the ballot passing.
The Election could be challenged even if all entities agreed that the one with the most
votes win. Liston said they are trying to work through these issues now, rather than
after the election.
MUD2 Vice President Kevin Carr suggested allowing the citizens vote on the
consolidation of MUD1 and MUD 2 and if the issue fails, the Town could then absorb
MUD2. MUD Attorney Pam Liston agreed that this is a clean option
Council member Edstrom stated had Council had the opportunity to take action last
week, Council would not be in this situation. Everyone disagrees with what they feel is
best and requested that Council’s legislative process be allowed to happen as well.
Mayor Pro Tem Sterling stated the Council was trying to give the citizens the right to
vote. Therefore Council had to take action on an Ordinance in order to get the issue on
the May ballot.
MUD2 Director Thomas stated Jim Hase was in charge of the task force that finished
the scenario for the consolidation of MUD1 and MUD2.
Mayor Sanders advised the group they were getting off the topic and discussion should
be on the Agreed Court Order and debate of going to Court.
MUD2 Attorney Pam Liston asked for direction on how to proceed given the time
constraints.
Council member Edstrom is not in favor of delaying the TRO as she does not like to be
hampered by what action the Council can or cannot take when Council is governed by
State Law. Edstrom asked for an explanation regarding the revisions to the Master
District Agreement passed by the Board several weeks ago. Edstrom understood the
changes to be that should another entity take over MUD2, their assets would go to
MUD1 and not the entity who took over MUD2.
MUD2 President Budarf explained that the ownership of the assets would not be
affected. The changes only relate to issues outside of the Town and were implemented
to protect the Master District.
Master District Chair Connie White asked if the Council would agree to allow the vote
for MUD1 and MUD2 consolidation to occur in May, and if the vote fails the Town could
then take over MUD2.
53
MUD2 President Jim Budarf stated that this has always their intention, if the residents
voted it down, then the Town would take over.
Lou Opipare, 32 Crestwood Drive- Addressed the group with a Trophy Club Positive
message.
Both the Town and MUD Attorney said they have been working on the agreement and
have not been working on the hearing and, therefore agreed to ask for the extension.
Council member Strother questioned if under the TRO the Council can provide
direction. Town Attorney Adams said the Council cannot take action to absorb MUD2,
and should be directing whether they want to proceed in the lawsuit or an agreed
settlement. Adams cautioned that it is better if Council can come to an agreement in
order to prevent the Town’s fate from being in the hands of a third person. Adams then
stated she has ethical issues given the one tax base.
Mayor Sanders took the group out of the Committee of a Whole.
Council member Edstrom moved to amend the agreement providing that MUD2 agree
not do anything with their assets until after May. Motion died for lack of a second.
B.2 Discuss and take appropriate action regarding ballot language for a
proposed referendum for the May 9, 2009 election, pursuant to an
agreement between the Town and TCMUD2, to submit the question of Town
abolition of TCMUD2 to the voters, as authorized in the Town Charter
and/or action regarding the support of the consolidation election called by
TCMUD1 and TCMUD2. (Voting Entity: Town Council)
This item died for lack of motion.
Mayor Sanders turned the meeting over to MUD2 President Budarf.
Director Carol Borges feels that the attorneys should continue working on ballot
language. Borges is disappointed that it got this far as they all promised not to take any
action.
Directors Kevin Carr and Jim Thomas agreed with Borges. Director Steven Kohs stated
that MUD2 should remove the TRO and allow the Town do the right thing.
MUD2 directed MUD2 Attorney Pam Liston to continue working with Town Attorney
Adams on ballot language and to request an extension for the TRO.
54
C.1 Discuss and take appropriate action to approve Agreed Court Order
between the Town of Trophy Club (Town) and Trophy Club Municipal Utility
District No. 2 (TCMUD2) whereby the Town would discontinue any attempts
to abolish TCMUD2 until after the canvassing of the May 9, 2009 election
and TCMUD2 would dismiss the injunction lawsuit currently pending in
Denton County. (Voting Entity: TCMUD2)
No action taken.
C.2 Discuss and take appropriate action regarding amending the consolidation
election order and proposition language and/or the ballot language for the
May 9, 2009 ballot. (Voting Entity: TCMUD2)
No action taken.
D.1 Discuss and take appropriate action regarding amending the consolidation
election order and proposition language and/or the ballot language for the
May 9, 2009 ballot. (Voting Entity: TCMUD1)
No action taken.
E.1 Adjourn.
Motion made by Council member Edstrom, seconded by Council member Sterling to
adjourn at 7:02 p.m.
Motion made by MUD1 Director Jim Hase, seconded by MUD1 Director Gary Cantrell to
adjourn.
MUD2 stood adjourned at 7:03.
__________________________ _______________________________
Lisa Hennek, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
55
dOl o
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-6-2009
Subject: Agenda Item No.C.8
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, February 2, 2009.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmh)
Attachments: 1. Minutes dated February 2, 2009
56
MINUTES OF REGULAR TOWN COUNCIL MEETING FOR
THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, February 2, 2009 at 7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on
Monday, February 2, 2009. 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
Glenn Strother Council Member
TOWN COUNCIL MEMBERS ABSENT:
Kathleen Wilson Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Lisa Hennek Town Secretary
Patricia Adams Town Attorney
Danny Thomas Fire Chief
Scott Kniffen Police Chief
Carolyn Huggins Planning and Zoning Coordinator
A.1 Mayor Sanders called to order and announce a quorum at 7:02 p.m.
Mayor Sanders acknowledged Council member Wilson’s excused absence.
A.2 Mayor Sanders offered the Invocation.
A.3 Town Manager Emmons led the Pledges.
A.4 Citizen Presentations:
Don West, 212 Ridge View – Suggested the Town Council agree to the consolidation of
MUD1 and MUD2 with a stipulation for the Town to maintain the operational control.
57
*CONSENT AGENDA
B.1 Consent Agenda: Discuss and take appropriate action to approve
financials and variance report dated:
a. November 2008
B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, December 1, 2008.
B.3 Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, December 15, 2008.
B.4 Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, January 5, 2009.
Motion made by Edstrom, seconded by Strother to approve the Consent Agenda, Items
B.1 – B.4.
Motion passed unanimously without any discussion.
End of Consent
TOWN COUNCIL CONVENED INTO REGULAR SESSION
*REGULAR SESSION
Mayor Sanders asked that Item C.3 be considered in order to excuse Council member
Edstrom due to illness.
Mayor Sanders moved to item C.3.
C.1 Receive information from Town Attorney on Open Meetings Act
requirements and communications between Council Members, discussion
regarding same.
No action taken.
C.2 Discuss and take appropriate action regarding a Resolution supporting the
implementation of Rail North Texas in the Dallas-Fort Worth region.
Mayor Sanders said that statewide and regional transportation in Texas was a very
complicated issue.
58
Motion made by Moss, seconded by Strother to approve a Resolution supporting the
implementation of Rail North Texas in the Dallas-Fort Worth region.
Mayor Pro Tem Sterling questioned the policy funding and does not see how this
impacts the Town. Sterling was concerned about double taxation.
Council member Strother confirmed that this Resolution only shows support and does
not approve raising taxes.
Mayor Sanders clarified that the Resolution would not raise taxes and that Metroport
Cities Partnership passed a Resolution to show support.
Motion failed 2:1 with Sterling opposing. (The affirmative vote of three (3) or more
members of the Council is needed to validate or bind Council action as per Section
3.16, b of the Home Rule Charter.)
C.3 Discuss and take appropriate action regarding the consolidation of the
MUD1 and MUD2; dissolution of MUD2.
Council member Edstrom requested the Council hear the citizen input and then
convene into Executive Session for legal consultation.
Peggy Sweeney, 51 Meadowbrook – Stated the only goal should be one entity
governing the Town.
Roger Williams, 215 Phoenix Drive – Recommends that the Council discontinue
working on ballot language regarding the dissolution of MUD2, and direct the Town
Attorney to prepare for the hearing. Williams stated that if MUD1 and MUD2
consolidate, MUD2 residents will be paying higher taxes.
Town Attorney Adams suggested that the Council go into Executive Session under Item
D.1.
No action taken.
C.4 Discuss and take appropriate action regarding the Three Proposed Charter
Amendments previously submitted by the Charter Review Commission for
the May 2009 ballot as revised by Staff.
A. 13. Clarify Grounds for Recall
B. 16. Budget Process Enhancement
C. 18. Code of Ethics and Conduct
Mayor Sanders stated Council directed staff to proceed working on these amendments
and to bring back to Council for discussion.
59
Town Attorney Adams said that sub-section B was removed and provisions permissive
to the appointment of a Commission under C. 18. Code of Ethics and Conduct.
This Item will come back to the Council with Ballot language at the second February
Council meeting, so that the Election Ordinance can occur at the first Council meeting in
March.
C.5 Discuss and take appropriate action regarding an Interlocal Agreement
between the Town and Denton County for the rental of Election equipment
for the May 9, 2009 Election.
Motion made by Strother, seconded by Moss to approve an Interlocal Agreement
between the Town and Denton County for the rental of Election equipment for the May
9, 2009 Election.
Motion passed unanimously without further discussion.
C.6 Discuss and take appropriate action regarding a Joint Election Contract
between the Town of Trophy Club and the Northwest Independent School
District.
Motion made by Sterling, seconded by Strother to approve a Joint Election Contract
between the Town of Trophy Club and the Northwest Independent School District.
Motion passed unanimously without further discussion.
C.7 Discuss and take action regarding the Joint Election Agreement between
the Town, Municipal Utility District No. 1 and Municipal Utility District No. 2.
Motion made by Strother, seconded by Moss to approve a Joint Election Agreement
between the Town, Municipal Utility District No. 1 and Municipal Utility District No. 2.
Motion passed unanimously without further discussion.
C.8 Discuss and take appropriate action regarding Real Estate signs and their
placement, including potential amendments to Chapter 5, "General Land
Use," Article IV, "Sign Regulations," Section 4.05, "Temporary Signs," D,
"Real Estate Signs."
60
Town Manager Emmons said all the developers had received correspondence citing the
sign regulations and staff was working on temporary signage revisions. Emmons stated
that he will have a formal recommendation at a later date.
Motion made by Moss, seconded by Strother directing Town Manager Emmons to
continue the review and to come back to the Council with a recommendation.
Motion passed unanimously without further discussion.
C.9 Discuss and take appropriate action regarding Amendment No. 2 to the
Advance Funding Agreement for the Safe Routes To School Project
between the Town and the Texas Department of Transportation.
Town Manager Emmons explained the item as the second amendment to the Safe
Routes to School Project. TxDOT changed their procedures and now perform
environmental assessments on the projects. The amendment will not impact the
contract amount.
Motion made by Sterling, seconded by Strother to approve an Amendment No. 2 to the
Advance Funding Agreement for the Safe Routes To School Project between the Town
and the Texas Department of Transportation.
Motion passed unanimously without further discussion.
C.10 Report on the Amenity Lakes, discuss and take appropriate action
regarding same.
Town Manager Emmons gave a report on the Amenity Lakes.
Council member Moss said he was given a personal tour and although not easily
accessible, a lot of work has been completed. Once complete, the Park will be a nice
addition to the Town.
Town Manager Emmons said it was difficult to get access at the moment due to the
construction site, but will be a wonderful amenity once complete.
Mayor Pro Tem Sterling confirmed that one lake removed from the plan was due to the
water tower. Town Manager Emmons explained that it was determined a better service
to remove one lake and build two larger lakes.
Parks and Recreation Board Vice-Chair Steve Gregory assured that the lakes were
properly engineered and that the Town should not expect any maintenance issues.
Report only, no action taken.
61
C.11 Items for Future Agenda.
Council requested #5 Discuss and take appropriate action regarding Real Estate signs
and their placement, including potential amendments to Chapter 5, "General Land Use,"
Article IV, "Sign Regulations," Section 4.05, "Temporary Signs," D, "Real Estate Signs."
(Edstrom – 2008) be removed as it was addressed under Item C.8.
Mayor Sanders advised that #7 Discuss and take appropriate action regarding a Library
Focus Group or other plan for exploring options and compiling data for a future library,
was moved to the February 16, 2009 meeting.
Mayor Sanders asked for an item to consider the appointment of an ASA representative
held by former Council member Cates.
TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION AT 7:25 p.m.
EXECUTIVE SESSION
D.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section
551.071 (1) and (2) "Consultation with Attorney", the Council will enter into
executive session to discuss the following:
A. Legal advice related to consolidation of the MUD1 and MUD2;
dissolution of MUD2; related ballot propositions and agreement with
MUD2.
TOWN COUNCIL RECONVENED INTO REGULAR SESSION AT 8:40 p.m.
*REGULAR SESSION
D.2 Discuss and take appropriate action relative to Executive Session Item
Number D1.
Motion made by Strother, seconded by Edstrom to direct Town Attorney Adams to
continue working with the MUD Attorneys regarding resolution and preparation of ballot
language and responding to the TRO and pending litigation
Motion passed unanimously without further discussion.
Council member Edstrom was excused early from the meeting due to illness.
E.1 Adjourn.
62
Motion made by Sterling, seconded by Strother to adjourn.
Motion passed unanimously, meeting adjourned at 9:44 p.m.
____________________________ ___________________________
Lisa Hennek, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
63
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-6-2009
Subject: Agenda Item No.C.9
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, March 1, 2009.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmh)
Attachments: 1. Minutes dated March 1, 2009
64
MINUTES OF SPECIAL SESSION TOWN COUNCIL BUDGET
WORKSHOP FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Sunday, March 1, 2009 at 5:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Special Session on
Sunday, March 1, 2009. 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
Kathleen Wilson Council Member
Jim Moss Council Member
Glenn Strother Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Stephanie Golhke Interim Finance Director
A.1 Mayor Sanders called to order and announced a quorum at 5:02 p.m.
A.2 Opening comments made by Town Manager Emmons.
TOWN COUNCIL CONVENED INTO BUDGET WORKSHOP
*BUDGET WORKSHOP
B.1 Budget Workshop FY 2009-10:
Council discussed the following:
Projected Revenues
Projected Expenditures
Implementation of Long-term Planning
65
Discussion of Budget Calendar
Town Manager Emmons said based on Council’s direction, staff will prepare a draft
budget and submit to the Council for review in June. Emmons said the draft will include
a 45.051 tax rate, $113,000 for drainage improvements. Staff will research outsourcing
certain elements of the organization, combining Departments/Department Directors as
well as staff reductions while ensuring that the residents of Trophy Club receive the high
level of service currently being provided. Emmons reiterated it is was still early in the
fiscal year, and staff wanted to take a proactive approach to the FY09 Budget as well as
the FY10 Budget.
C.1 Adjourn.
Meeting adjourned at 7:45 p.m.
____________________________ ___________________________
Lisa Hennek, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
66
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-6-2009
Subject: Agenda Item No.C.10
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, March 2, 2009.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmh)
Attachments: 1. Minutes dated March 2, 2009
67
MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, March 2, 2009
7:00 P.M.
Los MINUTOS DE REUNION REGULAR de CONSEJO MUNICIPAL
PARA EL PUEBLO DE la UBICACION del CLUB de TROFEO: 100
CAMINO MUNICIPAL, el CLUB de TROFEO, TEJAS lunes, el 2 de
marzo de 2009 7:00 de la tarde.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session
on Monday, March 2, 2009. 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
Kathleen Wilson Council Member
Jim Moss 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
Scott Kniffen Police Chief
A.1 Mayor Sanders called to order and announced a quorum at 7:02 p.m.
Mayor Sanders announced the following:
On January 30, 2009, a notice was posted in the Trophy Club Times advertising a
Public Hearing for this evening (March 2, 2009) to:
Amend Ordinance No. 2007-15 P&Z, PD-Planned Development District No. 27, The
Highlands at Trophy Club to amend Exhibit “B” Development Standards to delete, alter,
68
and/or allow additional “Permitted Uses” for approximately 16.5 acres known as “Village
Center”, and other miscellaneous changes to PD-27 as related to this request as
deemed necessary.
This item was inadvertently omitted from the Council's agenda tonight so if you are hear
to speak on that item, we apologize; however, we will hold that public hearing at the
next regular March Council meeting. That date will be determined later tonight pursuant
to Agenda Item No. C.6 and an item announcing that date will be published this Friday.
A.2 Council member Wilson offered the Invocation.
A.3 Council member Moss led the Pledges.
A.4 Citizen Presentations:
Dave Edstrom, 269 Oak Hill Drive- made a general statement regarding the MUD legal
fees and Charter Review Commission.
B.1 Consent Agenda: Discuss and take appropriate action to approve
financials and variance report dated:
a. January 2009
Council member Wilson removed B.1. Wilson asked about the cost of the Council
retreat. Town Manager Emmons said the retreat was approximately $700 and 4% was
remaining in the budget.
Motion made by Wilson, seconded by Edstrom to approve the Consent Agenda Item
B.1.
Motion passed without any discussion.
B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, February 16, 2009.
B.3 Consent Agenda: Discuss and take appropriate action regarding an
Ordinance repealing Article VIII entitled "Tree Preservation and Removal,"
of Chapter 12 entitled "Subdivision Rules and Regulations," of the Code of
Ordinances, in its entirety and adopting a new Article VIII entitled "Tree
Preservation and Removal," of Chapter 12 entitled "Subdivision Rules and
Regulations," in order to add two additional seats to the Tree Board and to
make changes to definitions and related provisions throughout Article VIII.
(Ord. 2009-04)
69
Motion made by Edstrom, seconded by Moss to approve the Consent Agenda Items B.2
– B.3.
Motion passed without any discussion.
TOWN COUNCIL CONVENED INTO REGULAR SESSION
*REGULAR SESSION
C.1 Discuss and take appropriate action regarding a request for Temporary Use
Community Garage Sale Permits granted by Special Privilege (2009).
Applicant: Mellany Gibbon, Co-Chairperson, Trophy Club Women's Club
On behalf of the Trophy Club Women’s Club, President Wanda Brewster requested
permission to hold two 2009 community-wide garage sale events in Trophy Club.
The Police Department has reviewed and approved as noted on the attached
application.
The Women’s Club requested a waiver of the $25 per event fee.
Motion made by Edstrom, seconded by Wilson to approve a request for Temporary Use
Community Garage Sale Permits granted by Special Privilege (2009) and grant the
waiver of the $25 per event fee.
Planning and Zoning Chairman Hill reported on February 19th, the Planning and Zoning
Commission heard and considered a request of Trophy Club Women’s Club for
Community Garage Sale Permits and approval for events to be held Saturday, April 18
and Saturday October 10, 2009. There was no request for rain dates.
By unanimous vote of 7 – 0, the Commission recommended Town Council approval of
the permit request.
The spring garage sale will be held Saturday, April 18, 2009 and the fall sale will occur
Saturday, October 10. For each event, no alternate rain day was planned.
Motion passed unanimously without any discussion.
C.2 Discussion and Appropriate Action Regarding a Request for Approval of a
Temporary Use for Off Street Parking for Model Homes in Planned
Development No. 27, Neighborhood 2, Phase 1A, for a Period of Time of Not
Greater Than One Year. Applicant: Bill Durham, Gallery Custom Homes.
Planning and Zoning Chairman Hill reported at the February 19, 2009 Planning and
Zoning meeting, the Commission heard and discussed Gallery Custom Homes request
70
for approval of a Temporary Use of Lot 9, Block BB (2416 Trophy Club Drive), as an off-
street parking lot for model homes in PD-27 Neighborhood 2, Phase 1A, for a 1-year
period.
The parking facilities, as proposed, were to be in compliance with the Town’s parking
and landscape regulations. Staff did recommend, and the Commission concurred, that
the landscape requirement for trees be waived on the site during the period of its use as
an off-street parking lot.
The Commission, by unanimous vote or 7 - 0, recommended Town Council approval of
the request.
Motion made by Edstrom, seconded by Sterling to approve a Request for Approval of a
Temporary Use for Off Street Parking for Model Homes in Planned Development No.
27, Neighborhood 2, Phase 1A, for a Period of Time of Not Greater Than One Year.
Motion passed unanimously without any discussion.
C.3 Discuss and take appropriate action regarding the Citizen of the Year
Committee.
A. Each Council Member and the Mayor to select one nominee to serve on
the Committee.
The Volunteer Citizen of the Year Committee will make a recommendation to the Town
Council at their second meeting in March. The Committee will be comprised of one
nominee from each Council Member and the Mayor, as well as past Volunteer Citizen of
the Year recipients who are able to participate. Any member of the Selection
Committee sharing a close, personal relationship with a nominee (such as a relative,
etc.) should recuse themselves from the Committee.
Council member Moss appointed Kristin Greenwood.
Council member Edstrom appointed Peggy Sweeney.
Mayor Pro Tem Sterling appointed Rob Schmitz.
Council member Wilson appointed Pearl Ford.
Council member Strother appointed Steven Kohs.
Mayor Sanders appointed Sally Michelak.
C.4 Discuss and take appropriate action regarding Citizen Contact Report for
2008.
Police Chief Kniffen stated that the Citizen Contact Report was a State mandated report
required to be presented to Council in March. The report consisted of two levels of
data. Tier 1 data addressed all traffic stops, while Tier 2 data included all non-traffic
71
related contacts. The purpose of the report was to identify any prevalence of ‘racial
profiling’ within the Trophy Club Police Department.
Report only, no action taken.
C.5 Report by Police Chief Kniffen regarding crime rates in Trophy Club;
discuss and take appropriate action regarding same.
Police Chief Kniffen gave a presentation regarding the crime rates in Trophy Club.
No action taken, report only.
C.6 Discuss and take appropriate action regarding the date for the second
regular Town Council meeting in March.
Mayor Sanders stated the Ordinance calling the Election was not complete with Charter
Amendment information. It may be necessary for the Council to call a special meeting
in order to consider the Ordinance ordering and calling a Joint General and Joint
Special Election between the Town, NISD, MUD1 and MUD2 on May 9, 2009; ordering
and calling a General Election for the purpose of electing a Mayor and two Council
Members for two year terms; ordering and calling a Special Election on a measure to
determine whether qualified voters of the Town approve the exchange of a 0.11 acre
tract of land owned by the Town which is part of Harmony Park for a 0.18 acre tract of
land owned by a private party and adjacent to Harmony Park; ordering and calling a
Special Election for referred Ordinance No. 2009-05 abolishing MUD2 and submitted to
binding referendum by the Town Council pursuant to the Town Charter; ordering and
calling a Special Election on various amendments to the Town's Home Rule Charter.
Additionally, NISD will be on spring break March 16 – March 20, 2009, which may
conflict with the March 16, 2009 meeting.
Staff asked that the Town Council consider rescheduling the March 16, 2009 meeting to
March 9, 2009.
Council directed staff to reschedule the March 16, 2009 meeting to March 9, 2009.
Mayor Sanders advised that the Council would convene into Executive Session, under
Item D.1 prior to considering the next items.
Town Council convened into Executive Session at 7:52 P.M.
Town Council reconvened into Regular Session at 9:05 P.M.
72
C.7 Receive the Consolidation Task Force Final Report; discuss and take
appropriate action regarding same.
Mayor Sanders advised that copies of the report presented by MUD1 Director Hase
were available.
Council member Wilson thanked Director Hayes, Pete Reinke and Bob Fair for their
participation. Wilson stated that she was pleased with the Committee and their findings.
Council member Strother seconded Wilson’s appreciation of the group.
Mayor Sanders stated that he met with Master District Chair White and Directors Hase
and Thomas and Sanders read the following statement:
1. Presentation of Total Dollar Savings from Consolidation on Repot A does not
allow for the continuing of fire tax to be collected from Solana even though this
was an approach proposed by the Town Manager. You can see this by
comparing the Fire Department Operating Expenses on Reports B of
$1,080,327.56 & C of $1,113,629.00.
It was explained that the Town could not collect a fire tax from Solana and if the
Town took over MUD2 they would not be able to collect the fire tax from Solana.
Town Manager Emmons’ proposal was to have Westlake pay the equivalent of
the dollars needed for a period of time. This proposal has been discussed with
Mayor Wheat and Town Manager Brymer and they have agreed with this concept
- in part. They would like to see the total fire tax amount decline over the next 5
years. Our records show that our Fire Department has not provided any
services to the Solana area in a number of years because Westlake has their
own Fire and EMS department.
Therefore the Net Town Revenue Needed on Report C should be reduced by
$33,301.50.
One additional quick check points out the fact that the Summary Report from the
Consolidation Committee for Report C does not fairly reflect the Town’s
intentions, which would be to take the Additional Town Tax Rate of $0.179983 for
FY2009-2010 from Report C and subtract the Consolidated MUD Tax Rate from
Report B of $0.17600 and subtract the MUD rate from the Town rate you get a
difference of $0.003983. Then multiply this rate by the total town Appraised
Values of $807,495,173 divided by 100; you get a total of $32,162.53. This
should be the difference between the Town and MUD total tax needed.
Presentation of Total Dollar Savings from Consolidation on Repot A does not
take into effect the savings generated in MUD2 operational expenses that would
be part of O&M. That is, the $71,000 savings in legal and MUD Board
operational expenses have not been taken into account. This does not show in
73
the Model developed by the Committee because these cost savings are part of a
MUD operation. It should mean that the cost to our citizens is less for Water &
Waste Water along with a savings in Taxes.
2. MUD1 Director Hase told us that the Consolidated MUD Tax Rates presented on
Report B were most likely not going to be the rates approved which he expected
to be higher. Therefore, citizens should not expect the tax rates presented on
Report B.
Legal expenses on Report C1 for the Town should be set to zero in that MUD
charges 75% of their legal fees to MUD O&M.
Mayor Pro Tem Sterling questioned the rate the Town was charged for water.
Town Manager Emmons stated that while the group worked pretty well, he felt it would
be premature to accept the Consolidation report. Emmons stated that he had not had
adequate time to review the report in detail.
Council member Moss said that he spent a lot of hours with the MUD Directors and also
a resident with 35 years experience, and all assured Moss that based on the
assumptions, this was a good report.
Roger Williams, 215 Phoenix Drive – Spoke against the report.
Director Neil Twomey, 203 Oakmont Drive – Explained the report.
Director Jim Budarf, 547 Indian Creek Drive – Responded to Mayor Pro Tem Sterling
stating that the Town was charged the same rate per gallon of water as the treatment
plant.
Greg Lamont, 15 Avalon – Said the formulas (datasets) in the report do not make
sense.
Council member Edstrom asked if the Consolidation Committee agreed to the datasets.
Council member Wilson said the Committee did not have access to the datasets.
Council member Strother stated that the Committee did discuss the opportunity for
Directors Hase and Twomey to explain the report to the residents.
Council member Edstrom stated that although resident Michael Hickey said the
assumptions were the way to go, he did not validate the numbers. Edstrom suggested
Greg Lamont and Roger Williams review and validate the numbers.
Council member Wilson suggested the MUDs hire a financial firm to validate the report.
Council member Edstrom said that the ball was in the Town’s court and to vet it out from
a Council perspective.
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Director Neil Twomey explained that the datasets were separated into income,
expenses and debt.
Director Jim Thomas, 7 Meadowbrook – Thanked Town Manager Emmons for his help
on the Committee and said that the Committee tried to go as conservatively as they
could.
No action taken.
C.8 Discuss and take appropriate action approving an Ordinance making
applicable state law authorizing dissolution of MUD2, and the Town to
succeed to the powers duties, assets and obligations of MUD2, as
authorized by state law, including without limitation the Texas Local
Government Code, and establishing a date for the assumption of powers,
duties, assets and obligations of MUD2 by the Town contingent upon a
favorable vote at the May, 2009 election. (Ordinance will be provided at the
meeting.) (Ord. 2009-05)
Mayor Sanders explained, if passed, dissolution would be contingent upon the election
results. Sanders explained that MUD1 tried to join the Temporary Restraining Order
earlier in the day and the Court ruled that Council can act as posted.
Motion made by Strother, seconded by Sterling to approve the Ordinance, with an
affective date of June 1, 2009, making applicable state law authorizing dissolution of
MUD2, and the Town to succeed to the powers, duties, assets and obligations of
MUD2, as authorized by state law, including without limitation the Texas Local
Government Code, and establishing a date for the assumption of powers, duties, assets
and obligations of MUD2 by the Town contingent upon a favorable vote at the May 2009
election and taking appropriate action to voluntarily submit the MUD2 dissolution
Ordinance to popular vote at the May, 2009 election.
Town Manager Emmons explained how the fire tax would be affected should the Town
take over MUD2. Emmons said that if Council approves to submit the vote to the
citizens there was still time to prepare. Emmons provided a spreadsheet with two
datasets; his numbers were based on the idea that compensation can be secured from
Westlake for the Fire Department.
Pearl Ford, 2 Spring Creek Court – Provided an alternative and suggested a Tax
Increment Financing (TIF) be formed for MUD1 residents for two years. Ms. Ford spoke
in favor of the Ordinance.
Director Neil Twomey challenged the numbers presented by Town Manager Emmons’
spreadsheet.
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Director Jim Budarf - Asked the Council keep in mind that the Town was taking from
operational reserves to make the numbers look good. The MUDs keep enough
reserves in order not to affect the debt service.
Director Jim Thomas – Spoke against the Ordinance.
Council member Strother stated that the Town was full of a lot of sharp people. Strother
asked that people use common sense; MUD2’s operating costs was operating costs,
regardless of who absorbs it.
Mayor Pro Tem Sterling said he could identify with both sides. Sterling said if the Town
dissolved MUD2 there would be Administrative and Operation efficiencies.
Council member Edstrom concurred with Council member Strother and asked that
everyone look at the long-term solution. Edstrom agreed with Mayor Pro Tem Sterling
and was appalled that another taxing entity would file suit restraining the Town Council
from taking action that they rightfully could take based on State Statute.
Council member Moss was concerned about Solana and confirmed that if the Town
takes over MUD2, MUD1 would still have Solana.
Council member Strother said MUD1 was not going away, Solana was not going away.
The vote only allowed the Council to let the citizens decide.
Council member Wilson questioned employee moral and felt there was a different way
to slice the cake. Wilson said that based on the possible $500,000 shortfall in the 2008-
09 budget, maybe this was robbing Peter to pay Paul, and first we need to fix Paul.
Town Attorney Adams advised Council may approve and repeal at a later time if they
chose.
Mayor Sanders appreciated the respectful debate and said that he was concerned that
the governance problems would not be solved until Trophy Club was only one entity.
Mayor Sanders suggested a viable option for the Town to take over MUD operation and
for the MUDs to become a taxing board.
Council member Moss stated that Master District Chair White wanted to give the
residents the opportunity to vote and he would like to do the same.
Motion passed 4:1; with Wilson opposing.
A.Discuss and take appropriate action to voluntarily submit the MUD2
dissolution Ordinance to popular vote at the May, 2009 election.
Dialogar y tomar la acción apropiada para aprobar una Ordenanza en la
que se permite aplicar la ley estatal que autoriza la disolución de MUD2, y
que el Poblado consiga tener los poderes, deberes, bienes y obligaciones
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de MUD2, de acuerdo a lo que autoriza la ley estatal, incluyendo sin
limitaciones al Código de Gobierno Local de Texas y, estableciendo una
fecha para la asunción de los poderes, deberes, bienes y obligaciones de
MUD2 por parte del Poblado, condicionado a un voto favorable en la
elección de mayo de 2009. (La Ordenanza será proporcionada en la junta.)
(Ord. 2009-05)
A. Dialogar y tomar la acción apropiada para someter al voto popular, de
forma voluntaria, en la elección de mayo de 2009, la ordenanza de
disolución de MUD2.
Motion made by Sterling, seconded by Edstrom to voluntarily submit the MUD2
dissolution Ordinance to popular vote at the May 2009 election.
Motion passed 4:1; with Wilson opposing.
C.9 Discuss and take appropriate action regarding an Ordinance ordering and
calling a Joint General and Joint Special Election between the Town, NISD,
MUD1 and MUD2 on May 9, 2009; ordering and calling a General Election
for the purpose of electing a Mayor and two Council Members for two year
terms; ordering and calling a Special Election on a measure to determine
whether qualified voters of the Town approve the exchange of a 0.11 acre
tract of land owned by the Town which is part of Harmony Park for a 0.18
acre tract of land owned by a private party and adjacent to Harmony Park;
ordering and calling a Special Election for referred Ordinance No. 2009-05
abolishing MUD2 and submitted to binding referendum by the Town
Council pursuant to the Town Charter; ordering and calling a Special
Election on various amendments to the Town's Home Rule Charter.
(Ordinance will be provided at the meeting.) (Ord. 2009-06)
Dialogar y tomar la acción apropiada con respecto a una Ordenanza en la
que se ordena una Elección Conjunta General y una Elección Conjunta
Especial y se hace un llamado a las mismas, que serán entre el Poblado,
NISD, MUD1 y MUD2, el 9 de mayo de 2009; ordenando y llamando a una
Elección General con el propósito de elegir un Alcalde y dos Miembros del
Concilio por periodos de dos años; ordenando una Elección Especial y
llamando a la misma, referente a una medida para determinar si los
votantes calificados del Poblado aprueban el cambio de una extensión de
terreno de 0.11 de acre que es propiedad del Poblado, y que es parte del
Harmony Park, por una extensión de terreno de 0.18 de acre, que es
propiedad de un particular y que está adyacente a Harmony Park;
ordenando una Elección Especial y llamando a la misma con referencia a la
Ordenanza No. 2009-05, aboliendo a MUD2 y sometido a un referéndum de
cumplimiento obligatorio por parte del Concilio del Poblado, en
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cumplimiento con la Carta Constitucional del Poblado; ordenando una
Elección Especial y haciendo un llamado a la misma, acerca de varias
enmiendas a la Carta Constitucional de Autonomía del Poblado. La
Ordenanza será proporcionada en la junta.) (Ord. 2009-06)
Motion made by Sterling, seconded by Edstrom to approve the Ordinance, with Section
5 removed ordering and calling a Joint General and Joint Special Election between the
Town, NISD, MUD1 and MUD2 on May 9, 2009; ordering and calling a General Election
for the purpose of electing a Mayor and two Council Members for two year terms;
ordering and calling a Special Election on a measure to determine whether qualified
voters of the Town approve the exchange of a 0.11 acre tract of land owned by the
Town which is part of Harmony Park for a 0.18 acre tract of land owned by a private
party and adjacent to Harmony Park; ordering and calling a Special Election for referred
Ordinance No. 2009-05 abolishing MUD2 and submitted to binding referendum by the
Town Council pursuant to the Town Charter; ordering and calling a Special Election on
various amendments to the Town's Home Rule Charter. (Ord. 2009-06)
Council took a five minute recess.
Council directed Town Attorney to proceed with Proposition 7 as submitted by the
Charter Review Committee.
Bill Rose, 219 Inverness – Explained the appropriation of funds under Proposition 20,
was only applicable in cases where an attorney was involved.
Council directed Town Attorney to proceed with Proposition 7 as submitted by the
CRVA, place both the CRVA and Council Propositions for Ethics and leave Proposition
8 leave as submitted.
Motion passed unanimously, and Section 5 will come back at the March 9, 2009
meeting for discussion and action.
C.10 Discuss and take appropriate action regarding forming a Ways & Means
Committee to report directly to the Council and provide direction to staff
regarding amending appointment Resolution, Handbook, and related
documents.
Council member Moss requested this Item not be considered until the new Finance
Director has had the opportunity to get acquainted with the position.
C.11 Items for Future Agenda.
No action taken.
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Town Council did not reconvene into Executive Session.
EXECUTIVE SESSION
D.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section
551.071 (1) and (2) "Consultation with Attorney", Council to convene into
executive session to discuss the following:
A. Legal advice related to Cause No. 2009-40021-362, Trophy Club
Municipal Utility District No. 2 v. Town of Trophy Club, pending in the
362nd District Court of Denton County, Texas, including proposed
Agreed Order and Interlocal Agreement;
B. Legal advice related to the consolidation of MUD1 and MUD2,
dissolution of MUD2 and related ballot propositions;
C. Legal advice related to the May, 2009 election, ballot, and propositions.
TOWN COUNCIL RECONVENED INTO REGULAR SESSION AT
REGULAR SESSION
D.2 Discuss and take appropriate action relative to Executive Session Item
Number D.1.
No action taken.
E.1 Adjourn.
Motion made by Sterling, seconded by Edstrom to adjourn. Meeting adjourned at 12:15
a.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: 4-6-2009
Subject: Agenda Item No.C.11
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, March 9, 2009.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmh)
Attachments: 1. Minutes dated March 9, 2008
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MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, March 9, 2009
7:00 P.M.
Los MINUTOS DE REUNION REGULAR de CONSEJO MUNICIPAL
PARA EL PUEBLO DE la UBICACION del CLUB de TROFEO: 100
CAMINO MUNICIPAL, el CLUB de TROFEO, TEJAS lunes, el 9 de
marzo de 2009 7:00 de la tarde.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on
Monday, March 9, 2009. 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
Kathleen Wilson Council Member
Jim Moss 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
Scott Kniffen Police Chief
Danny Thomas Fire Chief
A.1 Mayor Sanders called to order and announced a quorum at 7:00 p.m.
A.2 Mayor Sanders offered the Invocation.
A.3 Mayor Pro Tem Sterling led the Pledges.
A.4 Citizen Presentations:
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Michael Hickey – submitted a letter in favor of the MUD1 and MUD2 merger read by
Council Member Moss.
Director Budarf, 547 Indian Creek – Spoke in favor of the MUD1 and MUD2 merger.
Bruce Morey, 546 Timber Ridge – Spoke in favor of the MUD1 and MUD2 merger.
Director Thomas, 7 Meadowbrook Lane– Spoke in favor of the MUD1 and MUD2
merger.
TOWN COUNCIL CONVENED INTO PUBLIC HEARING
PUBLIC HEARING
Public Hearing opened at 7:13 p.m.
B.1 Public Hearing of a Request to Amend Permitted Uses for Village Center
located in PD-Planned Development District No. 27 (PD-27), known as The
Highlands at Trophy Club. Applicant: High Trophy Development, LLC
represented by Kyle Salzman, Jacobs Consulting, and David Keener,
Centurion American (PD AMD-09-030)
Mayor Sanders announced that a reminder notice was posted in the Trophy Club Times
on March 6, 2009, advertising a Town Council Public Hearing for this evening, to amend
Ordinance No. 2007-15 P&Z to delete, alter, and/or allow additional “Permitted Uses” for
approximately 16.5 acres known as “Village Center”. The Planning & Zoning
Commission has continued the request at the last two P&Z meetings and is not yet
ready to make a recommendation to the Town Council on this item. The item will go
back to P&Z on March 19, 2009 and if a recommendation is reached, will be re-
advertised and presented to Council in Public Hearing on April 6, 2009.
No citizens addressed the Council.
At 7:16 p.m. Mayor Sanders continued the Public Hearing until April 6, 2009.
TOWN COUNCIL CONVENED INTO REGULAR SESSION
*REGULAR SESSION
C.1 Discuss and take appropriate action amending Ordinance 2009-05, ordering
and calling a Joint General and Joint Special Election between the Town,
NISD, MUD1 and MUD2 on May 9, 2009; ordering and calling a General
Election for the purpose of electing a Mayor and two Council Members for
two year terms; ordering and calling a Special Election on a measure to
determine whether qualified voters of the Town approve the exchange of a
0.11 acre tract of land owned by the Town which is part of Harmony Park
for a 0.18 acre tract of land owned by a private party and adjacent to
Harmony Park; ordering and calling a Special Election for referred
Ordinance No. 2009-05 abolishing MUD2 and submitted to binding
referendum by the Town Council pursuant to the Town Charter; adding
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Section 5, ordering and calling a Special Election on various amendments
to the Town's Home Rule Charter. (Ordinance will be provided at the
meeting.) (La Ordenanza será proporcionada en la junta.)
Dialogar y tomar la acción apropiada que enmienda Ordenanza No. 2009-05
en la que se ordena una Elección Conjunta General y una Elección
Conjunta Especial y se hace un llamado a las mismas, que serán entre el
Poblado, NISD, MUD1 y MUD2, el 9 de mayo de 2009; ordenando y
llamando a una Elección General con el propósito de elegir un Alcalde y
dos Miembros del Concilio por periodos de dos años; ordenando una
Elección Especial y llamando a la misma, referente a una medida para
determinar si los votantes calificados del Poblado aprueban el cambio de
una extensión de terreno de 0.11 de acre que es propiedad del Poblado, y
que es parte del Harmony Park, por una extensión de terreno de 0.18 de
acre, que es propiedad de un particular y que está adyacente a Harmony
Park; ordenando una Elección Especial y llamando a la misma con
referencia a la Ordenanza No. 2009-05, aboliendo a MUD2 y sometido a un
referéndum de cumplimiento obligatorio por parte del Concilio del
Poblado, en cumplimiento con la Carta Constitucional del Poblado;
ordenando una Elección Especial y haciendo un llamado a la misma,
acerca de varias enmiendas a la Carta Constitucional de Autonomía del
Poblado. (La Ordenanza será proporcionada en la junta.)
Mayor Sanders advised that the Council would convene into Executive Session, for
Items posted under D.1 and prior to considering the next items.
Town Council convened into Executive Session at 7:20 p.m.
Town Council reconvened into Regular Session at 9:01 p.m.
Town Attorney Adams announced a typo in the posting; Ordinance 2009-05 should be
2009-06.
Motion made by Edstrom, seconded by Sterling to amend Ordinance 2009-06, ordering
and calling a Joint General and Joint Special Election between the Town, NISD, MUD1
and MUD2 on May 9, 2009; ordering and calling a General Election for the purpose of
electing a Mayor and two Council Members for two year terms; ordering and calling a
Special Election on a measure to determine whether qualified voters of the Town
approve the exchange of a 0.11 acre tract of land owned by the Town which is part of
Harmony Park for a 0.18 acre tract of land owned by a private party and adjacent to
Harmony Park; ordering and calling a Special Election for referred Ordinance No. 2009-
06 abolishing MUD2 and submitted to binding referendum by the Town Council
pursuant to the Town Charter; adding Section 5, ordering and calling a Special Election
on various amendments to the Town's Home Rule Charter.
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Town Attorney Adams stated the ballot language and proposed modified Charter
provisions were added to Section 5 of the previously approved Ordinance calling the
May 9, 2009 election. Adams explained the propositions and said the definitions will
not be listed on the ballot, only the propositions will be listed on the ballot.
The Council thanked Pearl Ford for helping Town Attorney Adams work through the
Ordinance.
Council member Strother suggested the staff create and publish a Voter’s Guide to
educate the citizens of the proposed Charter Amendments.
Pearl Ford, 2 Spring Creek Court – Commented that ballot language has to be
presented in an unbiased manner without influence.
Director Jim Budarf – Questioned if Council member Moss’ vote on March 2, 2009 was
valid, as not all the facts regarding Westlake were presented at that meeting and that
the Council does not review the financials.
Director Jim Thomas – Spoke on hearsay and the circulating rumors regarding
Westlake.
Mayor Sanders and Council denied the rumors and hearsay as told by Director Thomas.
Each council member with the Town Manager and Town Attorney confirmed that they
were not aware of the issues presented as rumors.
Master District Chair White, 119 Trophy Club Drive – Proposed a truce and requested
the Council stop the wrangling, and that the Town discussions with Westlake and legal
fighting end here. All entities need to come to an agreement.
Mayor Sanders responded that MUD2 filed the TRO and the injunction and has since
filed an appeal. Sanders stated that MUD1 has now joined that appeal and is taking the
lead. The Town has no authority to stop the suits, and can only respond to what has
been filed by the MUDs. Mayor Sanders said the agreement on ballot language had
already been proposed and Bond Attorney advised against the proposal. Mayor
Sanders said if there was a way to avoid litigation, the Council would, but the fact is the
MUDs have filed suit. Town Attorney Adams added that based on the correspondence
she has received from the MUD1 and MUD2 attorneys; it appears as if the MUDs have
the intent of moving forward with the litigation.
Council member Moss stated that he has made a sincere effort to understand the
numbers by spending hours with Directors Thomas and Twomey. Council Moss said
that he could not justify the numbers in the end.
Mayor Pro Tem Sterling responded to Director Jim Budarf, stating Council receives
variance reports and financials as they are discussed and approved at the Council
meetings each month.
Motion passed 4:1 with Wilson opposing.
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C.2 Discuss and take appropriate action designating a person to serve as
liaison between the Town and ASA.
The Town Council approved Resolution 2009-03 on February 16, 2009 authorizing the
Town’s adoption of a unit through the America Supporting Americans Program (“ASA”).
Mayors Sanders explained that staff advertised the need for a liaison to the ASA
Program. The Advertisement was published in the February 27, 2009 Town Newsletter,
posted to the news listserv on February 20, 27 and March 6, 2009 and posted to the
website and Marquee.
Four residents expressed interest in serving on a Committee: Wanda Franklin, Don
Farmsworth, Mark Wood and John Dumbleton. Wanda Franklin was the only one who
felt that she had the time to commit as the Liaison.
Motion made by Edstrom, seconded by Wilson to designate Wanda Franklin to serve as
liaison between the Town and ASA.
Motion passed without any discussion.
C.3 Discuss and take appropriate action regarding expenditure from Court
Technology Fund for software upgrade in the amount of $4,500.00.
Town Manager Emmons stated that the Court Department is experiencing difficulties
with the current version of software it uses. The issues can only be resolved by
upgrading to the recent version of software. The total cost is $4,500.00 (LT Systems for
upgrading $4,050.00 and $450.00 for the configuration from STW.)
If approved, these funds for upgrading will come from the Court Technology Fund,
which currently has a balance of $16,948.66.
Motion made by Edstrom, seconded by Strother to approve the expenditure from Court
Technology Fund for software upgrade in the amount of $4,500.00.
Motion passed without any discussion.
C.4 Items for Future Agenda.
Mayor Sanders requested an item to address the concerns expressed tonight by
Directors Budarf and Thomas and an item discussing a Tax Incrementing Finance (TIF)
as it relates to taking over MUD2.
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Council member Wilson requested that the item regarding a Library Focus Group be
placed back on the list.
Council did not reconvene into Executive Session.
TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION
EXECUTIVE SESSION
D.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:
A. Potential purchase of land at 101 Trophy Club Drive (100 Block Trophy
Club Drive) and/or additional locations within the Town for future
Police and Fire complex and legal advice related to potential future
sites and land acquisition.
B. Legal advice related to Cause No. 2009-40021-362, Trophy Club
Municipal Utility District No. 2 v. Town of Trophy Club, pending in the
362nd District Court of Denton County, Texas, including the
Intervention into the lawsuit by MUD1, pending Declaratory Judgment
suits filed by MUD1 and MUD2, appeals filed by MUD1 and MUD2, and
Town responses to actions taken by MUD1 and MUD2;
C. Legal advice related to the consolidation of MUD1 and MUD2,
dissolution of MUD2, and related ballot propositions;
D. Legal advice related to the May, 2009 election, ballot, and propositions.
TOWN COUNCIL RECONVENED INTO REGULAR SESSION
*REGULAR SESSION
E.1 Discuss and take appropriate action relative to Executive Session Item
Number D.1.
Motion made by Sterling, seconded by Edstrom to cease the negotiations on the Church
properties.
Motion passed without any discussion.
E.2 Adjourn.
Motion made by Sterling, seconded by Wilson to adjourn. Meeting adjourned at 9:50
p.m.
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____________________________ ___________________________
Lisa Hennek, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
87
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-6-2009
Subject: Agenda Item No.D.1
Discuss and take appropriate action regarding issues related to the May 9,
2009 election, including the voter's guide, ballot order, and candidate's
forum.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
88
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-6-2009
Subject: Agenda Item No.D.2
Discuss and take appropriate action regarding the acceptance of the fiscal
year audit ending September 30, 2008 for the Town of Trophy Club.
EXPLANATION:
The Town’s independent auditor, Weaver and Tidwell, L.L.P., completed the annual
audit of the basic financial statements of the Town of Trophy Club as of and for the year
ended September 30, 2008. They have also issued a report dated March 13, 2009, on
their consideration of the Town’s internal controls over financial reporting and their tests
of compliance with certain provisions of laws, regulations, contracts and grants.
RECOMMENDATION:
Staff recommends acceptance of audit.
ACTION BY COUNCIL:
(kd)
Attachments: 1. Management Letter & Internal Audit Findings
2. Auditor’s Communication to the Ways and Means Committee
3. Basic Financial Statements
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-6-2009
Subject: Agenda Item No.D.3
Discuss and take appropriate action regarding concerns expressed at the
March, 2009 Council meeting about Town Financials and financial
solvency, including discussion and action on a report on the budget
contingency plan and the current financial position of the Town.
EXPLANATION:
At the March 9, 2009 Town Council meeting there were several issues raised regarding
the Town’s overall financial condition. These comments were made based on
information provided during a Town budget workshop on March 1, 2009. Town staff
provided a projected revenue worksheet that showed a year end projected shortfall in
revenues. At this workshop, staff did not submit a projected expenditure worksheet.
Staff also discussed the implementation of a budget contingency plan.
The purpose of this agenda item is to report to the Council the impact of the budget
contingency plan on the projected expenditures and to report the current cash position
of the Town.
RECOMMENDATION:
For discussion only, no recommendation.
ACTION BY COUNCIL:
Attachments: 1. Financials and Variance Report List
156
157
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-6-2009
Subject: Agenda Item No.D.4
Discuss and take appropriate action regarding a Resolution approving the
submission of the grant application for Community Oriented Policing
(COPS) Initiative Program for the 2009-2010/ 2010-2011 and 2011-2012 fiscal
years, designating the Town Manager as the authorized official for the
Town with the authority to execute all necessary documents.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(sk)
Attachments: 1. Letter for the U.S. Department of Justice
2. Resolution
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160
TOWN OF TROPHY CLUB
RESOLUTION 2009-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS, APPROVING THE SUBMISSION OF THE GRANT
APPLICATION FOR COMMUNITY ORIENTED POLICING INITIATIVE
PROGRAM FOR THE 2009-2010/2010-2011 AND 2011-2012 FISCAL YEARS;
AUTHORIZING THE TOWN MANAGER OR HIS DESIGNEE TO EXECUTE
ALL NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The Town of Trophy Club finds it in the best interest of the citizens
of Town of Trophy Club that the Community Oriented Policing Initiative Program be
operated in the 2009-2010/ 2010-2011 and 2011-2012 fiscal years; and
WHEREAS, The Town of Trophy Club agrees to retain the three police officers
hired under the terms of the Community Oriented Policing Hiring Recovery Program for
a minimum of 12 months after the completion of the three year grant program as
required by the United States Department of Justice Community Oriented Policing
Hiring Recovery Program; and
WHEREAS, The Town of Trophy Club designates Brandon Emmons, Town
Manager, as the grantee’s authorized Official. The authorized official is given the power
to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency
and to execute or name a designee to execute all necessary documents.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS;
Section 1. That the Town of Trophy Club approves submission of the grant
application for the Community Oriented Policing Initiative Program to the Office of the
Community Oriented Policing, United States Department of Justice and authorizes the
Town Manager or his designee to execute all necessary documents.
Section 2. That, this Resolution shall become effective from and after its date
of passage in accordance with law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this 6th day of April, 2009.
______________________________
Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
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______________________________
Town Secretary
Town of Trophy Club, Texas
[Seal]
APPROVED AS TO FORM:
____________________________________
Town Attorney
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-6-2009
Subject: Agenda Item No.D.5
Receive and discuss the 2008 Volunteer Citizen of the Year Committees'
recommendation, and take appropriate action as necessary.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Information Memorandum
2. Nominations
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The following action occurred at the March 2, 2009 Town Council meeting:
C.3 Discuss and take appropriate action regarding the Citizen of the Year
Committee.
A. Each Council Member and the Mayor to select one nominee to serve on
the Committee.
The Volunteer Citizen of the Year Committee will make a recommendation to the Town
Council at their second meeting in March. The Committee will be comprised of one
nominee from each Council Member and the Mayor, as well as past Volunteer Citizen of
the Year recipients who are able to participate. Any member of the Selection
Committee sharing a close, personal relationship with a nominee (such as a relative,
etc.) should recuse themselves from the Committee.
Council member Moss appointed Kristin Greenwood.
Council member Edstrom appointed Peggy Sweeney.
Mayor Pro Tem Sterling appointed Rob Schmitz.
Council member Wilson appointed Pearl Ford.
Council member Strother appointed Steven Kohs.
Mayor Sanders appointed Sally Michelak.
Letters were sent to the nominees on Friday, March 20, 2009 informing them of their
nomination(s).
The Citizen of the Year Committee met on March 24, 2008 – 10:30 a.m.
Attendees:
Kristin Greenwood
Rob Schmitz
Bob Downey
Pearl Ford
Peggy Sweeney
Absent:
Sally Michelak
Bob Radder
Bud Flutey
Steven Kohs
Jackie Stephens – Received nomination - recused herself from the Selection Committee
***************************************************
The Citizen of the Year Committee (COYC) discussed the history and process of Citizen
of the Year and the changes made to the nomination categories approved by Council
for this year’s recipient.
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The COYC requests the Council consider expanding the Teenage Category to a Youth
Category to include eligibility for children under the age of 12.
The COYC discussed the categories for each nominee; agreeing that some nominees
were submitted in a category not applicable to the definition for that category.
The COYC also requests the Council provide direction as to the Committee’s obligation
to recommend a recipient in a particular category, should the nominees not meet the
criteria for the category they were submitted for.
The COYC respectfully recommends the following individuals for recognition of the 2008
Citizen of the Year Award:
Philanthropic Category – Wendy Moss
Philanthropic Volunteer Citizen of the Year – recognized for their outstanding work
with a non-profit organization (for example: raising funds, coordinating philanthropic
events for the organization, overseeing distribution of funds, etc.)
Civic Category – Rick Gilliland
Civic Volunteer Citizen of the Year – recognized for their outstanding work in
schools, local government, parent teacher organizations, Boy Scouts of America,
Girl Scouts of America, 4H Clubs, etc.
Teenage Category – Alyssa Edstrom
Teenage Volunteer Citizen of the Year – a citizen between the ages of 12 and 18
who made a difference in our community or schools.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-6-2009
Subject: Agenda Item No.D.6
Discuss and take appropriate action regarding the Second Modification to
the Funding and Development Agreement between the Town of Trophy
Club, Texas and Centurion Acquisitions for Road and Utility Improvements
for Northwest Parkway (Bobcat Blvd.)
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Second Modification of Funding and Development agreement by and
between the Town of Trophy Club, Texas and Centurion Acquisitions, L.P.
for Road and Utility Improvements to Northwest Parkway Proposed
Connector Road
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§ Second 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 Second 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 6th day of April,
2009, by and between Centurion and Town, (hereinafter “Second 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, The parties to the Interlocal Agreement accepted the obligation to pay
certain designated percentages of the costs for the road and utility
improvements being constructed under that 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, In August, 2008, the Town Council approved the First Modification of the
Funding and Development Agreement For Road and Utility Improvements
to Northwest Parkway Proposed Connector Road (“Project”) as requested
by Centurion (hereinafter “First Modification”); and
WHEREAS, the First Modification provided 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 the Agreement and the Interlocal
Agreement; and
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WHEREAS, the Project was submitted to public bid and the costs of construction were
less than the cost estimate provided for the Project; and
WHEREAS, Centurion has requested this Second Modification to designate its cost
participation as a percentage of the costs of the Project based upon the
actual costs of construction rather than a dollar amount based upon the
cost estimate provided for the Project; and
WHEREAS, this Second Modification will amend the Agreement to designate the
percentage of the total cost to be paid by Centurion; and
WHEREAS, Centurion’s obligation under the Agreement is to pay 22.2% of the total
cost of the Project;
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 and the foregoing premises are incorporated herein as if written
word for word. Except as provided herein, 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 Second
Modification, First Modification and the Agreement, priority of interpretation shall be in
the following order: Second Modification; First Modification; Agreement.
II.
Modification of Agreement
Effective as of the day and year first written above, Section 3 of the Agreement
entitled “Cost Participation” is hereby modified so that Section 3 shall be and read in its
entirety as follows:
3.01 Paying Agent. As Project Manager, Trophy Club agrees to and shall
act as the paying agent for the Parties. Cost participation shall be in
accordance with the terms of this Section. Trophy Club shall establish
an account designated and used exclusively as the repository for funds
for the Project (hereinafter “Construction Fund”). Within fifteen (15)
days after the award of the contract for the construction of the Project,
each of the Parties shall deposit their respective share of the costs of
the Project into the Construction Fund.
3.02 Cost Sharing. Costs of the Project shall be divided among Trophy
Club and Centurion in the same proportion as the amount contributed
by each party bears to the total cost of the Project based upon the
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percentage of costs allocated to each Party and specifically identified
in Exhibit “D”, a copy of which is attached hereto and incorporated
herein (hereinafter “Proportionate Share”). The Parties agree and
understand that the dollar figures contained in Exhibit “D” are based
upon an Engineer’s estimate of costs which was provided at the time
that this Agreement was initially executed; however, each Party’s
respective financial obligation is for the payment of their respective
percentage of the actual costs of the Project. Therefore, in accordance
with Exhibit “D”, the Parties shall each pay their Proportionate Share of
the Project costs by multiplying their respective “Percentage of Base
Costs” times the total actual cost of the Project which amount is that
amount paid for the construction of the Project, including all related
costs (hereinafter “Actual Project Costs”).
3.03 Trophy Club. In performance of this Agreement, Trophy Club, as
evidenced by the signature of its representative below, affirms that the
governing body of Trophy Club approves of the expenditure of Trophy
Club funds to participate in the funding of the Project in an amount not
to exceed seven hundred seventy seven thousand and one hundred
seventeen and 35/100 dollars ($777,177.35) for the Project. Trophy
Club’s Financial Officer has certified as part of this Agreement that
Trophy Club has such sum in its budget to be expended for this
Project. Notwithstanding the foregoing, the total amount paid
hereunder by Trophy Club shall not exceed the 21.7% of the Actual
Project Costs, as defined in Section 3.02.
3.04 Centurion. In consideration of services provided hereunder by Trophy
Club, Centurion, as evidence d by the signature of its representative
below, affirms that it shall contribute an amount not to exceed 22.2% of
the Actual Project Costs, as defined in Section 3.02. Centurion’s
Financial Officer has certified as part of this Agreement that Centurion
has cash and credit sufficient for Centurion to fund its share of the
costs of the Project in accordance with this Agreement.
3.05 Cost Sharing Roughly Proportionate. Construction of the Project
pursuant to this Agreement and the approved plans shall satisfy all
obligations of Centurion and Trophy Club with regard to the
requirements of Section 212.904 of the Texas Local Government
Code, as same was recently amended by the Texas Legislature.
Trophy Club and Centurion agree that the construction of the Project
and associated costs born by the parties to this Agreement are roughly
proportionate to the benefits to be derived by Centurion under this
Agreement. Trophy Club and Centurion agree to waive and release all
claims one may have against the other related to any and all rough
proportionality and individual determination requirements mandated by
the United States Supreme Court in Dolan v. City of Tigard, 512 U.S.
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374 (1974), and its progeny; under Section 212.904 of the Texas Local
Government Code, as amended; and under any other requirements of
a nexus between development conditions and the projected impact of
the terms of this Agreement.
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 of Trophy Club
ATTEST:
_________________________________
Lisa Hennek, Town Secretary
APPROVED AS TO FORM:
_________________________________
Patricia A. Adams, Town Attorney
CENTURION ACQUISITIONS, LP
Attn: Mehrdad Moayedi
3901 West Airport Freeway, STE 200
Bedford, TX 76201
BY: ______________________________
ATTEST:
_________________________________
APPROVED AS TO FORM:
_________________________________
Attorney for Centurion
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-6-2009
Subject: Agenda Item No.D.7
Discuss and take appropriate action regarding the Town's Absorption Plan
for MUD 2.
EXPLANATION:
The purpose of this item is to discuss the appropriate steps to take to guarantee a
smooth transition following the May 9, 2009 election.
RECOMMENDATION:
For discussion only
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-6-2009
Subject: Agenda Item No.D.8
Discuss and take appropriate action relative to Executive Session Item
Number A2.
A. Patricia Adams, Town Attorney Annual Evaluation (Section 551.074
(a)(1))
B. Legal advice related to Cause No. 2009-40021-362, Trophy Club
Municipal Utility District No. 2 v. Town of Trophy Club, pending in the
362nd District Court of Denton County, Texas, including the Intervention
into the lawsuit by MUD1, pending Declaratory Judgment suits filed by
MUD1 and MUD2, pending appeals filed by MUD1 and MUD2 and Town
responses to actions taken by MUD1 and MUD2.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-6-2009
Subject: Agenda Item No.D.9
Items for Future Agenda.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
1. 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 - Cates)
2. Town Manager Emmons to report on the sound barrier issues on the east
side and conversations with TXDOT, and discussion of same. (Wilson)
3. Establish and implement a process for Hotel inspections. (Edstrom added on
1/21/08)
4. Discuss and consider options to approve the upkeep of rental property, with
or without creating a Building Standard Commission. (Edstrom – 4/21/08)
5. Discuss and receive an update on the Comprehensive Land Plan. (Edstrom –
10/20/08)
6. Council to announce the 2008 Citizen of the Year. (April 20)
7. Discuss and take appropriate action regarding a Library Focus Group or other
plan for exploring options and compiling data for a future library. (Wilson)
8. Discuss and take appropriate regarding a TIF as it relates to taking over
MUD2. (Mayor Sanders)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-6-2009
Subject: Agenda Item No.E.1
Adjourn.
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