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Agenda Packet TC 08/03/2009Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, TX 76262 Svore Municipal Building Boardroom6:00 PMMonday, August 3, 2009 Call to order and announce a quorum. BUDGET WORKSHOP (6:00 - 7:00 P.M.) 1.09-250-T Budget Discussion (6:00 - 7:00 P.M.) Invocation Pledges: 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." 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. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 2.09-273-T Consider and take appropriate action to approve Minutes dated, July 18, 2009. July 18, 2009 Budget Wkshop Minutes.pdfAttachments: 3.09-272-T Consider and take appropriate action to approve Minutes dated, July 20, 2009. July 20, 2009 Minutes.pdfAttachments: Town Council 1 of 167 Meeting Date: August 3, 2009 August 3, 2009Town Council Meeting Agenda 4.09-269-T Consider and take appropriate action regarding the Interlocal Cooperation Agreement-Tax Collection between Denton County and the Town of Trophy Club, and designating Kathy DuBose, Finance Director as the Liaison. 269 TC-DC ICA-Tax Collection.pdfAttachments: 5.09-270-T Consider and take appropriate action to approve the Interlocal Cooperation Agreement-Tax Collection between Denton County and the Town of Trophy Club PID #1 Emergency Services (PID O & M), and designating Kathy DuBose, Finance Director as the Liaison. 270 TC-DC PID#1( O&M) Emer Srvs-ICA-Tax Collection.pdfAttachments: 6.09-271-T Consider and take appropriate action regarding the Interlocal Cooperation Agreement-Tax Collection between Denton County and the Town of Trophy Club PID (I&S), and designating Kathy DuBose, Finance Director as the Liaison. 271 TC-DC PID (I&S)-ICA-Tax Collection.pdfAttachments: REGULAR SESSION 7.09-279-T Mayor White to make a statement regarding minimum requirements for placing items on the agenda; discussion of the same. 8.09-260-T Consider and take appropriate action regarding an extension of the deadline for submission of applications to serve on Town boards and commissions. 2009 Boards and Commission List.pdfAttachments: 9.09-267-T Consider and take appropriate action regarding the third quarter financial and variance report dated: a. June 2009 June 2009 Monthly Financial Report-Gen Fund.pdf June 2009 Monthly Financial Report-Trophy Club Park.pdf June 2009 Monthly Town General Fund Financial Report Explanation of Variances.pdf June 2009 Monthly Trophy Club Park Financial Report Explanation of Variances.pdf Attachments: 10.09-261-T Consider and take appropriate action regarding the Town’s Mission Statement. 11.09-274-T Consider and provide input concerning the possibility of a November parks and recreation bond election and potential projects. 12.09-257-T Consider and provide input regarding the creation of a Code of Conduct/Ethics and the establishment of an Ethics Commission and discuss and take appropriate action necessary to implement same, including the adoption of an ordinance. Draft Ethics Ordinance.pdfAttachments: Town Council 2 of 167 Meeting Date: August 3, 2009 August 3, 2009Town Council Meeting Agenda 13.09-258-T Consider and take appropriate action regarding a Resolution to approve the placement of a proposal to adopt a 2009 Tax Rate on the September 28, 2009 Town Council Public Meeting Agenda as an action item, and announce a Public Hearing date regarding the adoption of the FY09-10 Budget. Res 2009 Approve placement proposal to adopt 2009 tax rate.pdfAttachments: 14.09-278-T Present and discuss 2009 Certified Appraisal Records and Effective/Rollback Tax Rate Calculations. 2009 Town Certified Appraisal Roll for Denton County.pdf 2009 Town Certified Appraisal Roll for Tarrant County.pdf 2009 PID Certified Appraisal Roll for Denton County.pdf Attachments: 15.09-262-T Consider and take appropriate action regarding an Agreement for Animal Euthanasia /Disposal Services with a private contractor, Brian Hall, d/b/a/ Brian The Animal Guy. Animal Euthanasia Disposal Services- Brian The Animal Guy.pdfAttachments: 16.09-249-T Consider and take appropriate action regarding a Resolution casting the Town's vote for one candidate to serve the DENCO Area 9-1-1 District, and providing an effective date. Denco Memo and Resumes.pdf Res 2009- Appt BOD DENCO.pdf Attachments: 17.09-268-T Consider and take appropriate action regarding a Resolution casting the Town’s allocated vote (1) for a candidate to serve as a member of the Denton Central Appraisal District Board of Directors. DCAD.pdf RES 2009- DCAD Appraisal District Board Vote cast for John Mitchell.pdf Attachments: 18.09-236-T Consider and take appropriate action regarding an Ordinance reordering numbers and letters in the Town Charter as a result of Charter amendments adopted at the May, 2009 election. Ord. 2009- Renumbering Charter Amendments Example 1.pdf Ord. 2009- Renumbering Charter Amendments Example 2.pdf Attachments: 19.09-276-T Council to draw for place assignment; discussion of same. 20.09-241-T Items for Future Agendas. Items for Future AgendasAttachments: EXECUTIVE SESSION 21.09-266-T Pursuant to Texas Government Code Annotated, Chapter 551, Section 551.074(a)(1) "Personnel Matters", the Council will enter into executive session to deliberate the appointment of a public officer, Mayor Pro Tem. Town Council 3 of 167 Meeting Date: August 3, 2009 August 3, 2009Town Council Meeting Agenda RECONVENE INTO REGULAR SESSION 22.09-265-T Consider and take appropriate action regarding the appointment of Mayor Pro Tem. ADJOURN * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on Thursday, July 30, 2009 by 5:00 P.M. in accordance with Chapter 551, Texas Government Code. Lisa Hennek Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in advance and reasonable accommodations will be made to assist you. I certify that the attached notice and agenda of items to be considered by this Board was removed by me from the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on the __________ day of ______________________, 2009 ________________________________, Title: ___________________________ Town Council 4 of 167 Meeting Date: August 3, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-250-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/24/2009 Town Council On agenda:Final action:8/3/2009 Title:Budget Discussion (6:00 - 7:00 P.M.) Attachments: Action ByDate Action ResultVer. Town Council 5 of 167 Meeting Date: August 3, 2009 109-250-T Version:File #: Title Budget Discussion (6:00 - 7:00 P.M.) Town Council 6 of 167 Meeting Date: August 3, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-273-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:7/27/2009 Town Council On agenda:Final action:8/3/2009 Title:Consider and take appropriate action to approve Minutes dated, July 18, 2009. Attachments:July 18, 2009 Budget Wkshop Minutes.pdf Action ByDate Action ResultVer. Town Council 7 of 167 Meeting Date: August 3, 2009 109-273-T Version:File #: Title Consider and take appropriate action to approve Minutes dated, July 18, 2009. Town Council 8 of 167 Meeting Date: August 3, 2009 MINUTES OF A BUDGET WORKSHOP FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS SATURDAY, JULY 18, 2009 9:00 A.M. – 1:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Budget Workshop on Saturday, July 18, 2009. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Susan Edstrom Council Member Glenn Strother Council Member Kathleen Wilson Council Member Bill Rose Council Member TOWN COUNCIL MEMBERS ABSENT: Philip Sterling Mayor Pro Tem STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Lisa Hennek Town Secretary Patricia Adams Town Attorney Kathy DuBose Finance Director Stephanie Gohlke Financial Analyst Emmanuelle Lawrence Town Manager's Office Intern Scott Kniffen Police Chief Danny Thomas Fire Chief Carolyn Huggins Planning & Zoning Manager Adam Adams Parks and Recreation Director Chris King Building Inspector Ed Helton Street Superintendent * The Workshop presentation that guides the workshop discussion has been attached. Mayor White announced the date of July 18, 2009 and called to order and announced a quorum at 9:00 A.M. Mayor White announced the absence of Mayor Pro Tem Sterling. 1. Town Manager Emmons made opening comments. 2. Review and discussion of the Town Council Priority Questionnaire. a. Vision and Mission Discussion: (9:00 a.m. -10:15 a.m.) • Charter Provisions • Priority Questionnaire 1 Town Council 9 of 167 Meeting Date: August 3, 2009 2 • Programming Needs/Wants • Performance Measures The Council discussed Strategic Planning and conducting a Public Opinion Survey as other cities have recently implemented. Staff presented the results compiled from Councils’ Priority Questionnaire. Further discussion is required by the Council to understand the implications and to collectively review the Council’s individual comments. The Council discussed various retreat formats and discussed utilizing using a facilitator to assist with the retreat. The retreat date was tentatively decided as October 9 and 10. Council is to review their calendars for potential dates and advise Town Manager Emmons of conflicts. b. Break (10:15 a.m. - 10:25 a.m.) c. Regional Comparison of Service Delivery (10:25 a.m. - 10:45 a.m.) • Per Capita Programming Costs • Per Capita Staffing Comparisons Staff presented Regional Comparative Expenditures Per Capita and Comparative Staffing and Salary Per Capita. d. Capital Improvement Program (10:45 a.m. - 11:30 a.m.) • Initial Investments • Operations & Maintenance e. Working Lunch (11:30 a.m. - 11:45 a.m.) • Buffet Line f. Revenues (11:45 a.m. - 12:30 p.m.) • Projections • Assumptions • Taxes g. Program Expenses (12:30 a.m. - 1:00 p.m.) Adjourn. (1:00 p.m.) Meeting adjourned at 1:07 P.M. ____________________________ ___________________________ Lisa Hennek, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council 10 of 167 Meeting Date: August 3, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-272-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:7/27/2009 Town Council On agenda:Final action:8/3/2009 Title:Consider and take appropriate action to approve Minutes dated, July 20, 2009. Attachments:July 20, 2009 Minutes.pdf Action ByDate Action ResultVer. Town Council 11 of 167 Meeting Date: August 3, 2009 109-272-T Version:File #: Title Consider and take appropriate action to approve Minutes dated, July 20, 2009. Town Council 12 of 167 Meeting Date: August 3, 2009 MINUTES OF A BUDGET WORKSHOP FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, July 20, 2009 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, July 20, 2009. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Philip Sterling Mayor Pro Tem Glenn Strother Council Member Kathleen Wilson Council Member Bill Rose Council Member TOWN COUNCIL MEMBERS ABSENT: Susan Edstrom Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Lisa Hennek Town Secretary Patricia Adams Town Attorney Kathy DuBose Finance Director Scott Kniffen Police Chief Danny Thomas Fire Chief Adam Adams Parks and Recreation Director Mayor White called the Council to order and announced a quorum at 7:03 P.M. Mayor White announced the absence of Council member Edstrom. Police Chief Scott Kniffen offered the Invocation. Council Member Rose will lead the Pledges. Citizen Presentations: No citizen’s addressed the Council. PRESENTATION 1. Fire Chief Thomas to present graduation certificates to Citizen Fire Academy recipients. Fire Chief Thomas gave a brief description of the purpose of the Citizen Fire Academy as 1 Town Council 13 of 167 Meeting Date: August 3, 2009 providing fire and safety awareness and promoting a positive image of the Department to the community. The following received certificates: Steven Kohs, Rachael Suman, Deandra Pugh, Bonnie Armstrong and Bill Armstrong – Shari Landon and Bob Radder were unable to attend to receive their awards. Mayor White thanked the citizens for their involvement and noted their attendance at a six-hour Emergency Management Workshop sponsored by the Department of Homeland Security. CONSENT AGENDA Motion made by Strother, seconded by Rose to approve the Consent Agenda, Items 2 -.4 with noted corrections. Mayor White asked the Council if they were comfortable with Item 4. Council member Rose said that he is familiar from his attendance at the MUD meeting. Motion passed unanimously without any discussion. 2. Discuss and take appropriate action to approve Minutes dated June 22, 2009. 3. Discuss and take appropriate action to approve Minutes dated July 6, 2009. 4. Discuss and take appropriate action to establish pooled cash accounts for the Town and MUD1 at First Financial Bank and Texpool, naming authorized representatives. REGULAR SESSION 5. Discuss and take appropriate action regarding the approval of an Agreement for Professional Engineering Services with Halff Associates, Inc. for the Trophy Club Pedestrian/Bicycle Sidewalk Project relating to the Safe Routes to School Grant in an amount not to exceed $49,986.00, and authorizing the Mayor or her designee to execute necessary documents. Town Manager Emmons stated that the Request for Qualifications (RFQs) for the furnishing of Professional Engineering Services to provide engineering design and plan work for pedestrian/bicycle sidewalks, barrier-free ramps, crosswalks, curb inlets, and paving improvements relating to the Safe Routes To School (SRTS) Grant were received on June 5, 2009. Staff recommends entering into a contract with Halff and Associates, Inc. Mayor White confirmed that this project would be completed within the required deadline. Town Manager Emmons stated the project should start the first week of August and that Halff and Associates, Inc. has agreed to the revisions as suggested by Town Attorney Adams. Council member Rose corrected the following under #9 Scope of Work, Indemnification; defent should be defend. Motion made by Strother, seconded by Wilson to approve an Agreement as amended and with the changes suggested by Town Attorney Adams, for Professional Engineering Services with Halff Associates, Inc. for the Trophy Club Pedestrian/Bicycle Sidewalk Project relating to the Safe Routes to School Grant in an amount not to exceed $49,986.00, and authorizing the Mayor or her designee to execute necessary documents. 2 Town Council 14 of 167 Meeting Date: August 3, 2009 Motion passed unanimously without further discussion. 6. Discuss and take appropriate action regarding an Ordinance approving a change in the tariffs of ATMOS Energy Corporation, Mid-Tex Division, as a result of a settlement between ATMOS and the ATMOS Texas Municipalities, and providing an effective date. Town Manager Emmons explained that on March 6, 2009 Atmos filed with the City Secretary for an increase of about $24 million but the net increase was approximately $15 million due the termination of a charge from the 2007 Rate Review Mechanism of $9 million. The City participated in the review of the filing as a member of the Atmos Texas Municipalities (“ATM”), a coalition of over fifty cities. ATM’s experts spent almost four months negotiating with Atmos for information and interviewing Atmos’ management about various cost-related issues. Atmos agreed to the settlement offer. For typical residential customers it means that rates would increase by 15 cents per month. ATM also agreed to a change in the Gas Cost Recovery (“GCR”) tariff in order to allow certain costs related to financial hedging of gas costs to be included in periodic fuel adjustments. ATM also agreed to a change in the Conservation Energy Efficiency (“CEE”) tariff to allow for conservation measures up to $1,500 per household. This program is limited to senior citizens and customers of modest means. The settlement allows for less than 18% of Atmos’ requested net increase to be implemented. The new rates would take effect on August 1, 2009. The participants involved feel that this is fair and equitable. Motion made by Sterling, seconded by Strother to approve an Ordinance approving a change in the tariffs of ATMOS Energy Corporation, MId-Tex Division, as a result of a settlement between ATMOS and the ATMOS Texas Municipalities. Motion passed unanimously without further discussion. 7. Discuss and take appropriate action regarding Open Record Requests procedures and associated costs. Mayor White stated in light of the recent requests she asked for this item in order to show the Council how much of staff time is involved to satisfy such requests. Mayor White gave a brief presentation: ORR - Processes • Request Received • Staff retrieves available information • Staff sends request to all parties for information • Staff gathers information from parties, prints, reviews, removes private information. • Create copies of all documents • Review by Attorney if needed • Provides copies to requestor, or requestor reviews documents and chooses which to take • Requestor pays only for documents they take ORR-History • 3-months data tracked  80 requests by 51 requestors  Total 132.75 hours for those tracked  This equates to almost 4 weeks or 1/3 of an individual’s time  Some of this time is legal time at a larger expense ORR – for Consideration • Cannot limit Open Records Requests 3 Town Council 15 of 167 Meeting Date: August 3, 2009 • Currently charge only for the copies taken • 36-hour rule – would allow for charging when cumulative requests by an individual in a given year are more than 36 hours. • Not applicable to elected officials or Newspapers. Mayor White said that the purpose of the item is to bring awareness of the costs associated with Open Records and the 36 hour rule which will allow for charges to be accessed to the requester for accumulation of time over 36 in one fiscal year. Additionally it will provide an opportunity for Council to review procedures recently implemented to track all requests submitted. Council member Wilson supports the 36 hour rule. Mayor Pro Tem Sterling suggested staff educate the citizens regarding Public Information in the way of a newsletter article. Town Manager Emmons said that the requests can become cumbersome, however, by law staff is limited on how they can respond to a requestor. Council directed staff to publish an informational article in the newsletter educating the residents on how to submit a request, the process and the fee structure. No action taken. 8. Discuss and take appropriate action regarding the expenditure of EDC-4A funds for shade structures at Independence Park. In 2007 Council approved the EDC-4A funding of shade structures for fields #1 and #3 at Independence Park. During the installation at field #1 it became apparent that the Town needed to switch the installation to field #2 as it was determined that both electric lines and water lines were in the way on field #3. Staff is currently re-addressing those needs and included additional monies for anticipated challenges in this installation requiring possible re-routing of certain portions of the park's infrastructure. Field #1 is also the most heavily used field and therefore staff is proposing the installation of three shade structures as opposed to just two. EDC-4A approved this expenditure of funds at their June 29, 2009 meeting. The vote was unanimous. Larry Lentzner, 303 Ridge View Lane – Requested the Council’s support for the shade structures. Council member Strother confirmed that the contingency amount was increased in order to cover the cost to the move of the electric and water lines. Council member Rose confirmed that the contingency amount will only to be used if the two electric and water lines need to be moved and only if necessary. Motion made by Wilson, seconded Strother to approve the expenditure of EDC-4A funds for shade structures at Independence Park. Council member Wilson amended her motion to include, not to exceed $35,000, the second agreed. The amendment passed unanimously. The motion to approve the expenditure of EDC-4A funds, not to exceed $35,000 for shade structures at Independence Park passed unanimously without further discussion. 9. Discuss and take appropriate action regarding an Ordinance amending Chapter 11 of 4 Town Council 16 of 167 Meeting Date: August 3, 2009 the Code of Ordinances, entitled "Public Works", by adding Article IX entitled "Drought Contingency Measures" to Chapter 11 of the Code of Ordinances providing for the regulation of water during times of water emergency. Mayor White stated that the Trophy Club Municipal Utility District No. 1 adopted an updated Drought Contingency Plan which provides for the declaration of various water usage restrictions during times of water shortage and drought. The plan restricts water usage during a time when Stage 1, Stage 2, or Stage 3 drought conditions are declared by the City of Fort Worth and/or MUD1. MUD1 requested that the Town adopt an ordinance adopting the restrictions. The Ordinance will allow the Town to issue citations for violations of water restrictions. The MUD1 Plan authorizes MUD1 to impose civil penalties for violations. Council member Rose questioned if the MUDs had an Interlocal Agreement with the Town to provide the enforcement of regulations relative to water use and conservation. Town Attorney Adams stated that typically the MUDs approve Orders and the Town follows suit approving an Ordinance for the enforcement of the issues as the MUDs do not have enforcement authority. Motion made by Rose, seconded Sterling to approve an Ordinance amending Chapter 11 of the Code of Ordinances, entitled "Public Works", by adding Article IX entitled "Drought Contingency Measures" to Chapter 11 of the Code of Ordinances providing for the regulation of water during times of water emergency. Motion passed unanimously without further discussion. 10. Items for Future Agendas. The Council removed Items: #12 Discuss and take appropriate action regarding Open Record Requests (Mayor White – 6/1/2009) # 13 Discuss and take appropriate action regarding a survey sponsorship. (Wilson – 6/1/2009) Mayor White requested an item on the August 3, 2009 to discuss Council’s priorities. Council member Rose would like an item on the August 3, 2009 Item to discuss the Town’s Mission and Vision statement. Council member Wilson suggested the Council consider placing their Mission and Vision Statement on their webpage. AGENDA ADDENDUM EXECUTIVE SESSION 11. Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (1) and (2) "Consultation With Attorney," in order to seek the legal advice regarding parkland dedication requirements and third party actions resulting from parkland dedication requirements. Town Council convened into Executive Session at 8:28 P.M. Town Council reconvened into Regular Session at 9:17 P.M. 12. Discuss and take any necessary action resulting from the Executive Session. 5 Town Council 17 of 167 Meeting Date: August 3, 2009 6 Council announced that they did not desire to take action at this time. 13. Adjourn Motion made by Sterling, seconded by Wilson to adjourn. Meeting adjourned at 9:19 P.M. ____________________________ ___________________________ Lisa Hennek, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council 18 of 167 Meeting Date: August 3, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-269-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:7/27/2009 Town Council On agenda:Final action:8/3/2009 Title:Consider and take appropriate action regarding the Interlocal Cooperation Agreement-Tax Collection between Denton County and the Town of Trophy Club, and designating Kathy DuBose, Finance Director as the Liaison. Attachments:269 TC-DC ICA-Tax Collection.pdf Action ByDate Action ResultVer. Town Council 19 of 167 Meeting Date: August 3, 2009 109-269-T Version:File #: Title Consider and take appropriate action regarding the Interlocal Cooperation Agreement-Tax Collection between Denton County and the Town of Trophy Club, and designating Kathy DuBose, Finance Director as the Liaison. Explanation This is an annual agreement(Oct 2009 - Sep 2010) under which Denton County serves as the tax assessor and collector for the Town of Trophy Club, Trophy Club PID Emergency Services (O&M), and Trophy Club PID (I&S). While appraisal of properties is completed separately by Denton and Tarrant County Appraisers, collection of both counties is achieved by Denton County. This agreement is substantially the same as it has been for several years, with the exception of the increase in fee, which is as follows: 2007 2008 2009 Mail Tax Statement $.73 $.73 $.74 Mail Tax Statement (2nd Notice) $.44 $.73 $.74 Mail Delinquent Tax Statement (Sec. 33.11) $.73 $.73 $.74 Mail Delinquent Tax Statement (Sec. 33.07) $.73 $.73 $.74 *All Other Fees Remain Unchanged Recommendation Management recommends approval. Town Council 20 of 167 Meeting Date: August 3, 2009 Town Council 21 of 167 Meeting Date: August 3, 2009 Town Council 22 of 167 Meeting Date: August 3, 2009 Town Council 23 of 167 Meeting Date: August 3, 2009 Town Council 24 of 167 Meeting Date: August 3, 2009 Town Council 25 of 167 Meeting Date: August 3, 2009 Town Council 26 of 167 Meeting Date: August 3, 2009 Town Council 27 of 167 Meeting Date: August 3, 2009 Town Council 28 of 167 Meeting Date: August 3, 2009 Town Council 29 of 167 Meeting Date: August 3, 2009 Town Council 30 of 167 Meeting Date: August 3, 2009 Town Council 31 of 167 Meeting Date: August 3, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-270-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:7/27/2009 Town Council On agenda:Final action:8/3/2009 Title:Consider and take appropriate action to approve the Interlocal Cooperation Agreement-Tax Collection between Denton County and the Town of Trophy Club PID #1 Emergency Services (PID O & M), and designating Kathy DuBose, Finance Director as the Liaison. Attachments:270 TC-DC PID#1( O&M) Emer Srvs-ICA-Tax Collection.pdf Action ByDate Action ResultVer. Town Council 32 of 167 Meeting Date: August 3, 2009 109-270-T Version:File #: Title Consider and take appropriate action to approve the Interlocal Cooperation Agreement-Tax Collection between Denton County and the Town of Trophy Club PID #1 Emergency Services (PID O & M), and designating Kathy DuBose, Finance Director as the Liaison. Explanation This is an annual agreement(Oct 2009 - Sep 2010) under which Denton County serves as the tax assessor and collector for the Town of Trophy Club, Trophy Club PID #1 Emergency Services (O&M), and Trophy Club PID (I&S). While appraisal of properties is completed separately by Denton and Tarrant County Appraisers, collection of both counties is achievedby Denton County. This agreementis substantially the same as it has been for severalyears, with the exception of the increase in fee, which is as follows: 2008 2009 Mail Tax Statement $.73 $.74 Mail Tax Statement (2nd Notice) $.73 $.74 Mail Delinquent Tax Statement (Sec. 33.11) $.73 $.74 Mail Delinquent Tax Statement (Sec. 33.07) $.73 $.74 *All Other Fees Remain Unchanged Recommendation Management recommends approval. Town Council 33 of 167 Meeting Date: August 3, 2009 Town Council 34 of 167 Meeting Date: August 3, 2009 Town Council 35 of 167 Meeting Date: August 3, 2009 Town Council 36 of 167 Meeting Date: August 3, 2009 Town Council 37 of 167 Meeting Date: August 3, 2009 Town Council 38 of 167 Meeting Date: August 3, 2009 Town Council 39 of 167 Meeting Date: August 3, 2009 Town Council 40 of 167 Meeting Date: August 3, 2009 Town Council 41 of 167 Meeting Date: August 3, 2009 Town Council 42 of 167 Meeting Date: August 3, 2009 Town Council 43 of 167 Meeting Date: August 3, 2009 Town Council 44 of 167 Meeting Date: August 3, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-271-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:7/27/2009 Town Council On agenda:Final action:8/3/2009 Title:Consider and take appropriate action regarding the Interlocal Cooperation Agreement-Tax Collection between Denton County and the Town of Trophy Club PID (I&S), and designating Kathy DuBose, Finance Director as the Liaison. Attachments:271 TC-DC PID (I&S)-ICA-Tax Collection.pdf Action ByDate Action ResultVer. Town Council 45 of 167 Meeting Date: August 3, 2009 109-271-T Version:File #: Title Consider and take appropriate action regarding the Interlocal Cooperation Agreement-Tax Collection between Denton County and the Town of Trophy Club PID (I&S), and designating Kathy DuBose, Finance Director as the Liaison. Explanation This is an annual agreement(Oct 2009 - Sep 2010) under which Denton County serves as the tax assessor and collector for the Town of Trophy Club, Trophy Club PID Emergency Services (O&M), and Trophy Club PID (I&S). While appraisal of properties is completed separately by Denton and Tarrant County Appraisers, collection of both counties is achieved by Denton County. This agreement is substantially the same as it has been for several years, with the exception of the increase in fee, which is as follows: 2008 2009 Mail Tax Statement $.73 $.74 Mail Tax Statement (2nd Notice) $.73 $.74 Mail Delinquent Tax Statement (Sec. 33.11) $.73 $.74 Mail Delinquent Tax Statement (Sec. 33.07) $.73 $.74 *All Other Fees Remain Unchanged Recommendation Management recommends approval. Town Council 46 of 167 Meeting Date: August 3, 2009 Town Council 47 of 167 Meeting Date: August 3, 2009 Town Council 48 of 167 Meeting Date: August 3, 2009 Town Council 49 of 167 Meeting Date: August 3, 2009 Town Council 50 of 167 Meeting Date: August 3, 2009 Town Council 51 of 167 Meeting Date: August 3, 2009 Town Council 52 of 167 Meeting Date: August 3, 2009 Town Council 53 of 167 Meeting Date: August 3, 2009 Town Council 54 of 167 Meeting Date: August 3, 2009 Town Council 55 of 167 Meeting Date: August 3, 2009 Town Council 56 of 167 Meeting Date: August 3, 2009 Town Council 57 of 167 Meeting Date: August 3, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-279-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/30/2009 Town Council On agenda:Final action:8/3/2009 Title:Mayor White to make a statement regarding minimum requirements for placing items on the agenda; discussion of the same. Attachments: Action ByDate Action ResultVer. Town Council 58 of 167 Meeting Date: August 3, 2009 109-279-T Version:File #: Title Mayor White to make a statement regarding minimum requirements for placing items on the agenda; discussion of the same. Body Section 3.11 Rules ot the Council (b) Any item requested by two (2) Councilmembers, or the Mayor , or by the Town Manager shall be placed on the agenda by the Town Secretary. The Mayor will establish the order of the agenda for each Council meeting. The Town Secretary shall prepare the agenda, which shall be publicly posted in accordance with the Texas Open Meetings Act. Town Council 59 of 167 Meeting Date: August 3, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-260-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/24/2009 Town Council On agenda:Final action:8/3/2009 Title:Consider and take appropriate action regarding an extension of the deadline for submission of applications to serve on Town boards and commissions. Attachments:2009 Boards and Commission List.pdf Action ByDate Action ResultVer. Town Council 60 of 167 Meeting Date: August 3, 2009 109-260-T Version:File #: Title Consider and take appropriate action regarding an extension of the deadline for submission of applications to serve on Town boards and commissions. Body To date, 13 applications have been received for 20 expiring terms. EDC 4B and Tree Board will not be able to meet after October due to quorum requirements. The Parks and Recreation Board would need to determine if a quorum would be present prior to each meeting. Management is recommending extending the deadline for applications at least through the end of August. Boards will interview the beginning to mid September and bring recommendations to Council at their September 28, 2009 Regular Session Meeting with appointments beginning October 2009. Attached: Spreadsheet of Applications Received Town Council 61 of 167 Meeting Date: August 3, 2009 Bo a r d / Co m m i s s i o n N a m e No . M e m b e r N a m e Te r m Ex p i r e s R e s N o . T e r m Re a p p t Fo r m Re c e i v e d A p p l i c a t i o n s R e c e i v e d Da t e Re c e i v e d Recommended to Council? ED C - A 1 Ri c h a r d B e l l 2 0 0 9 2 0 0 7 - 2 1 2 y r s 6/ 2 4 / 2 0 0 9 (S t a g g e r e d T e r m s ) 2 T. D w i g h t M o r r o w 2 0 0 9 2 0 0 7 - 2 1 2 y r s 6/ 1 9 / 2 0 0 9 3 J o s e p h B o c l a i r 2 0 1 0 2 0 0 8 - 2 3 2 y r s 4 J . D . H a r v e y 2 0 1 0 2 0 0 8 - 2 3 2 y r s 5 L a r r y L e n t z n e r 2 0 1 0 2 0 0 8 - 2 3 2 y r s Co u n c i l L i a i s o n B i l l R o s e 2 0 0 9 - 1 2 ED C - B 1 La r r y C r o s s e r 2 0 0 9 2 0 0 7 - 2 1 2 y r s (S t a g g e r e d T e r m s ) 2 Da v e G l a s e r 2 0 0 9 2 0 0 8 - 0 2 2 y r s 7/ 2 2 / 2 0 0 9 3 Da m i a n O l t h o f f 2 0 0 9 2 0 0 7 - 2 1 2 y r s 4 Re b e c c a S h u m a n 2 0 0 9 2 0 0 7 - 2 1 2 y r s 7/ 2 8 / 2 0 0 9 5 D a n B i s h o p 2 0 1 0 2 0 0 8 - 2 3 2 y r s 6 J a m e s H i c k s 2 0 1 0 2 0 0 8 - 2 3 2 y r s 7 Z a c h a r y J e f f e r y 2 0 1 0 2 0 0 8 - 2 3 2 y r s Co u n c i l L i a i s o n G l e n n S t r o t h e r 2 0 0 8 - 1 2 Pa r k s & R e c r e a t i o n 1 Da v e G l a s e r 2 0 0 9 2 0 0 5 - 4 0 3 y r s 7/ 2 2 / 2 0 0 9 (S t a g g e r e d T e r m s ) 2 Ma t t h e w G r a h a m 2 0 0 9 2 0 0 5 - 4 0 3 y r s 3 Wi l l i a m M a t t h a i 2 0 0 9 3 y r s 4 Sa l l y R i d g e w a y 2 0 0 9 2 0 0 7 - 2 1 3 y r s 5 C a r y l A n n J a c o b s 2 0 1 0 2 0 0 8 - 2 3 3 y r s J o h n V i t a l e 7 / 2 3 / 2 0 0 9 6 B a r b a r a K a d o w 2 0 1 0 2 0 0 7 - 2 1 3 y r s 7 S t e v e n K o h s 2 0 1 0 2 0 0 7 - 2 1 3 y r s 8 J D S t o t t s 2 0 1 0 2 0 0 7 - 2 1 3 y r s 9 S t e v e G r e g o r y 2 0 1 1 2 0 0 8 - 2 3 3 y r s 10 L a r r y L e n t z n e r 2 0 1 1 2 0 0 8 - 2 3 3 y r s 11 C h r i s M c C o l l i s t e r 2 0 1 1 2 0 0 8 - 2 3 3 y r s Co u n c i l L i a i s o n ( P r i m a r y ) S u s a n E d s t r o m 2 0 0 9 - 1 2 Co u n c i l L i a i s o n ( S e c o n d a r y ) B i l l R o s e 2 0 0 9 - 1 2 P & Z 1 Da l e F o r e s t 2 0 0 9 2 0 0 7 - 2 1 2 y r s 6/ 2 5 / 2 0 0 9 (S t a g g e r e d T e r m s ) 2 Ge n e H i l l 2 0 0 9 2 0 0 7 - 2 1 2 y r s 6/ 2 6 / 2 0 0 9 Re s u m e R e q u i r e d 3 Cl a y t o n R e e d 2 0 0 9 2 0 0 7 - 2 1 2 y r s 7/ 7 / 2 0 0 9 4 R o b e r t A s h b y 2 0 1 0 2 0 0 8 - 2 3 2 y r s 5 M i k e D a v i d s o n 2 0 1 0 2 0 0 8 - 2 3 2 y r s 6 D e n n i s S h e r i d a n 2 0 1 0 2 0 0 8 - 2 3 2 y r s 7 J a m e s S t e p h e n s 2 0 1 0 2 0 0 8 - 2 3 2 y r s re s i g n e d 7 / 1 6 / 2 0 0 9 To w n o f T r o p h y C l u b B o a r d s a n d C o m m i s s i o n s To w n Co u n c i l 62 of 16 7 Meeting Date: August 3, 2009 Bo a r d / Co m m i s s i o n N a m e No . M e m b e r N a m e Te r m Ex p i r e s R e s N o . T e r m Re a p p t Fo r m Re c e i v e d A p p l i c a t i o n s R e c e i v e d Da t e Re c e i v e d Recommended to Council? To w n o f T r o p h y C l u b B o a r d s a n d C o m m i s s i o n s Tr e e B o a r d 1 Jo h n K l a u s s 2 0 0 9 2 0 0 8 - 1 0 2 y r s (S t a g g e r e d T e r m s ) 2 Ri c k M e r r i l l 2 0 0 9 2 0 0 7 - 2 1 2 y r s 3 M e l i s s a B o c l a i r 2 0 1 0 2 0 0 9 - 0 8 2 y r s 4 B o b D o w n e y 2 0 1 0 2 0 0 8 - 2 3 2 y r s 5 S t e v e n K o h s 2 0 1 0 2 0 0 8 - 2 3 2 y r s 6 S h e l i a L a c h e r 2 0 1 0 2 0 0 9 - 0 8 2 y r s 7 D e a n d r a P u g h 2 0 1 0 2 0 0 8 - 1 0 2 y r s ZB A 1 Ji m A e n c h b a c h e r 2 0 0 9 2 0 0 7 - 2 1 2 y r s 7/ 2 7 / 2 0 0 9 (S t a g g e r e d T e r m s ) 2 Ke v i n B a r r y 2 0 0 9 2 0 0 8 - 0 9 2 y r s 6/ 1 8 / 2 0 0 9 5 S e a t s + 4 A l t e r n a t e s 3 Bo b D o w n e y 2 0 0 9 2 0 0 7 - 2 1 2 y r s 6/ 3 0 / 2 0 0 9 4 M a r g i C a n t r e l l 2 0 1 0 2 0 0 8 - 2 3 2 y r s 5 B o b R a d d e r 2 0 1 0 2 0 0 8 - 2 3 2 y r s al t Ja m e s I s h e r w o o d 2 0 0 9 2 0 0 7 - 2 1 2 y r s 7/ 2 0 / 2 0 0 9 al t Mi c h a e l P r i c e 2 0 0 9 2 0 0 7 - 2 1 2 y r s al t El i s a b e t h K a y l o r 2 0 1 0 2 0 0 8 - 2 3 2 y r s al t Do y l e N i c h o l s o n 2 0 1 0 2 0 0 8 - 2 3 2 y r s To w n Co u n c i l 63 of 16 7 Meeting Date: August 3, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-267-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/27/2009 Town Council On agenda:Final action:8/3/2009 Title:Consider and take appropriate action regarding the third quarter financial and variance report dated: a. June 2009 Attachments:June 2009 Monthly Financial Report-Gen Fund.pdf June 2009 Monthly Financial Report-Trophy Club Park.pdf June 2009 Monthly Town General Fund Financial Report Explanation of Variances.pdf June 2009 Monthly Trophy Club Park Financial Report Explanation of Variances.pdf Action ByDate Action ResultVer. Town Council 64 of 167 Meeting Date: August 3, 2009 109-267-T Version:File #: Title Consider and take appropriate action regarding the third quarter financial and variance report dated: a. June 2009 Explanation The June, 2009 monthly financial report is presented in a format that provides the comparison of monthly and year to date actual amounts to the current fiscal year budget. The accompanying variance report provides an explanation of actual fiscal year to date revenues and departmental expenditures which vary more than 10% from the percent of the fiscal year lapsed. Recommendation Management recommends approval. Town Council 65 of 167 Meeting Date: August 3, 2009 GENERAL FUND June 2009 9/12 Months (75% of Fiscal Year) CURRENT FISCAL YEAR, 2008-09 June Year-to- Budget 2009 Date Y-T-D Y-T-D FY 2008-09 Actual Actual Variance % of Budget REVENUE PROPERTY TAXES 2,906,055$ 23,501$ 2,965,637$ 59,582$ 102.1% SALES TAX 627,858 43,195 350,739 (277,119) 55.9% FRANCHISE FEES 538,092 1,119 473,993 (64,099) 88.1% BUILDING PERMITS 840,000 58,865 324,376 (515,624) 38.6% DEVELOPER FEES 116,500 - 182,006 65,506 156.2% TRASH & DRAINAGE 437,090 37,713 338,418 (98,672) 77.4% EMS & MUNICIPAL COURT 266,093 31,314 194,137 (71,956) 73.0% TRANSFERS & OTHER REVENUE 330,421 14,062 217,245 (113,176) 65.7% RECREATION PROGRAMS 166,516 39,376 78,751 (87,765) 47.3% TOTAL REVENUE 6,228,625 249,145 5,125,301 (1,103,324) 82.3% EXPENDITURES EMS 666,019 40,575 421,891 (244,128) 63.3% MANAGER'S OFFICE 536,068 32,114 359,149 (176,919) 67.0% HUMAN RESOURCES 39,219 2,914 30,325 (8,894) 77.3% FINANCE 256,231 20,060 174,702 (81,529) 68.2% INFORMATION SYSTEMS 213,707 46,183 142,249 (71,458) 66.6% LEGAL 256,589 26,376 209,453 (47,136) 81.6% POLICE 1,411,784 90,676 963,342 (448,442) 68.2% COURT 76,463 3,600 45,378 (31,085) 59.3% FACILITIES MANAGEMENT 101,705 2,440 64,536 (37,169) 63.5% RECREATION 455,987 79,496 253,909 (202,078) 55.7% PARKS 777,309 50,386 501,079 (276,230) 64.5% COMMUNITY DEVELOPMENT 493,906 8,597 327,756 (166,150) 66.4% PLANNING & ZONING 141,188 7,451 69,175 (72,013) 49.0% STREETS 791,450 75,941 471,700 (319,750) 59.6% TOTAL EXPENDITURES 6,217,625 486,809 4,034,644 (2,182,981) 64.9% EXCESS/(DEFICIT)11,000$ (237,664)$ 1,090,657$ Town Council 66 of 167 Meeting Date: August 3, 2009 TROPHY CLUB PARK FUND June 2009 9/12 Months (75% of Fiscal Year) CURRENT FISCAL YEAR, 2008-09 June Year-to- Budget 2009 Date Y-T-D Y-T-D FY 2008-09 Actual Actual Variance % of Budget REVENUE PARK REVENUE 107,463$ 9,228$ 100,488$ (6,975)$ 93.5% TOTAL RESOURCES 107,463 9,228 100,488 (6,975) 93.5% EXPENDITURES TROPHY CLUB PARK 107,463 8,912 84,231 (23,232) 78.4% TOTAL EXPENDITURES 107,463 8,912 84,231 (23,232) 78.4% EXCESS/(DEFICIT)-$ 316$ 16,257$ Town Council 67 of 167 Meeting Date: August 3, 2009 GENERAL FUND June 2009 9/12 Months (75% of Fiscal Year) R EVENUES Property Taxes – Property taxes are billed and due in October. Most payments are received in December and January before they become delinquent on February 1st. During the fiscal year, the Denton Central Appraisal District (DCAD) makes supplemental assessments. Those assessments are billed by Denton County. Annual collections may exceed the original budget as payments on supplemental assessments are received. Sales Tax - As required by the Government Accounting Standards Board, sales tax is reported for the month it is collected by the vendor. April, 2009 collections are remitted to the city in June, 2009. Receipts are reported on a two month lag, therefore June, 2009 revenues reflect only seven months of collections. Franchise Taxes – Franchise fees include payments for electric, gas, telecommunication, and cable services, as well as, waste collection. The actual year to date revenue includes the annual payment from Tri-County Electric. In May, the annual payments from TXU and Atmos were received. Building Permits – Building permits were budgeted for an anticipated 350 residential permits and no commercial permits for 2008-2009. Due to the economic downturn, the current estimate is that 143 residential permits and one commercial permit will be issued during the fiscal year for an estimated fiscal year total of $390,000. Developer Fees – Developer agreements include charges (fees) to cover the cost of inspection associated with project infrastructure. The budget for the current fiscal year was estimated based on the prior year’s activity. Actual receipts for the 2008-2009 are well above the prior year and current year’s budget. Transfers and Other Revenue – Several transfers are typically done late in the fiscal year. Interest earnings are lower than anticipated and budgeted. Recreation Programs – Most recreation programs are seasonal and increase in the spring and summer. EXPENDITURES EMS – Expenditures reflect salary savings from two vacancies. Actual expenditures for gas and diesel are lower than anticipated and budgeted. Municipal Court – Expenditures reflect salary savings associated with the vacancy in the Court Clerk position for two months. Facilities Management – The majority of air conditioning maintenance occurs in the late spring and summer. Recreation – Most recreation programs are seasonal and increase in the late spring and summer. Parks – The Parks budget includes seasonal planting and off-season sports maintenance which typically begins in June. The costs of watering will increase during the summer months. Planning and Zoning – Outside engineering and plan review expenses associated with infrastructure construction were budgeted based on expected higher residential growth. Due to the economic slowdown, these expenses are lower than anticipated in the budget process. Streets – Street maintenance and repairs are seasonal and increase in the spring and summer. Town Council 68 of 167 Meeting Date: August 3, 2009 TROPHY CLUB PARK FUND June 2009 9/12 Months (75% of Fiscal Year) R EVENUES Park Revenue – The Motocross Track opened in November, 2008 and use has been higher than anticipated in the budget process. The use is seasonal with summer months diminishing. EXPENDITURES Trophy Club Park – Expenditures reflect salary savings for the Gate Attendant position that was vacant for the fiscal year to date. The majority of maintenance costs are realized in the summer (low usage months). Town Council 69 of 167 Meeting Date: August 3, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-261-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/27/2009 Town Council On agenda:Final action: Title:Consider and take appropriate action regarding the Town’s Mission Statement. Attachments: Action ByDate Action ResultVer. Town Council 70 of 167 Meeting Date: August 3, 2009 109-261-T Version:File #: Title Consider and take appropriate action regarding the Town’s Mission Statement. Body The Town of Trophy Club's current Mission Statement current reads: "Trophy Club strives to differentiate itself as a premier cohesive community and not just a collection of nondescript housing projects. This requires that it incorporate schools, churches, gathering places, sports, recreation, and neighborhood retail services into an aesthetically pleasing living environment. This agenda item will provide the Town Council an opportunity to discuss the above Mission Satement, provide input, and consider a plan to amend or alter the statement if deemed necessary. Town Council 71 of 167 Meeting Date: August 3, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-274-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/27/2009 Town Council On agenda:Final action: Title:Consider and provide input concerning the possibility of a November parks and recreation bond election and potential projects. Attachments: Action ByDate Action ResultVer. Town Council 72 of 167 Meeting Date: August 3, 2009 109-274-T Version:File #: Title Consider and provide input concerning the possibility of a November parks and recreation bond election and potential projects. Body Denton County is conducting a Constitutional Amendment Election in Novmeber, therefor the Town would contract with the County. The estimated charge to the Town is $7,000.00. The deadline to call the Election is September 2, 2009 . Town Council 73 of 167 Meeting Date: August 3, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-257-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/27/2009 Town Council On agenda:Final action:8/3/2009 Title:Consider and provide input regarding the creation of a Code of Conduct/Ethics and the establishment of an Ethics Commission and discuss and take appropriate action necessary to implement same, including the adoption of an ordinance. Attachments:Draft Ethics Ordinance.pdf Action ByDate Action ResultVer. Town Council 74 of 167 Meeting Date: August 3, 2009 109-257-T Version:File #: Title Consider and provide input regarding the creation of a Code of Conduct/Ethics and the establishment of an Ethics Commission and discuss and take appropriate action necessary to implement same, including the adoption of an ordinance. Body Section 11.14 of the Town Charter was amended as follows, on May 9, 2009, by Proposition #21: a. The Town Council shall adopt by ordinance a code of ethics and conduct that is consistent with the provisions of this Charter and applicable to elected officers, appointed board, commission, and committee members, and employees of the Town. b. The Town Council shall establish by ordinance an independent Ethics Commission to administer and enforce the Code of Ethics and Conduct ordinance. No member of the Commission may hold elective or appointed office under the Town or any other government or hold any political party office. The Town Council shall appropriate sufficient funds to the Ethics Commission to enable it to perform the duties assigned. Town Council 75 of 167 Meeting Date: August 3, 2009 TOWN OF TROPHY CLUB, TEXAS ORDINANCE 2009 - AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, PROVIDING AN ETHICS POLICY; DEFINING CERTAIN TERMS; PROVIDING FOR STANDARDS OF CONDUCT; PROVIDING FOR CERTAIN FINANCIAL DISCLOSURES; ESTABLISHING AN ETHICS COMMISSION; PROVIDING FOR DISPOSITION OF ALLEGED VIOLATIONS; AMENDING THE CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE AND SAVINGS CLAUSE; AND PROVIDING FOR RELATED MATTERS. WHEREAS, the Town of Trophy Club, Texas is a home rule city acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, statutory provisions governing the ethical conduct of public officials and employees are found in various codes including the Texas Local Government Code, Texas Government Code and the Texas Penal Code; and WHEREAS, the conduct of the public business should be accomplished by Town Officials that have no personal financial interest in such business clearly separate from that of the general public; WHEREAS, it is important that Town Officials be provided with a process and procedure to give notice and to then refrain from participation in any specific business of the Town in which such Official has a personal financial interest different from that of the general public; WHEREAS, the employees of the Town are responsible and answerable to the Town Manager, the Town Manager shall exercise his or her judgment and discretion in applying the terms and provisions of this Ordinance to the employees of the Town; WHEREAS, a reasonable ethics ordinance with disclosure requirements will provide a basis for continuing public confidence in the conduct of the business and affairs of the Town; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: SECTION 1. POLICY It is the policy of the Town that the proper operation of democratic government requires Town Council 76 of 167 Meeting Date: August 3, 2009 that Town Officials be independent, impartial and responsible to the people; that governmental decisions and policy be made in proper channels of the governmental structure; that no officer or member of the Town Council or of any board, commission, committee or advisory group shall have any interest, financial or otherwise, direct or indirect, or engage in any business, transaction or professional activity or incur any obligation of any nature which is in conflict with the proper discharge of his or her duties in the public interest; that the public have confidence in the integrity of its government. The provisions of this Article shall not apply to political contributions, loans, expenditures, reports or regulation of political campaigns, or the conduct of Candidates in such campaigns, except as expressly provided herein. In an effort to further these objectives, certain ethical principles shall govern the conduct of every Town Official, who shall:  Be dedicated to the highest ideals of honor and integrity in all public and personal relationships so that every Town Official may merit the respect and confidence of the citizens of Trophy Club;  Recognize that the chief function of local government at all times is to serve the best interest of all the people. Town Officials shall respect the confidentiality of information concerning the property, personnel or affairs of the Town. They shall neither disclose confidential information without proper legal authorizations, nor use such information to advance their personal, financial or other private interests. Town Officials shall not use public resources not available to the public in general, such as city staff time, equipment, supplies or facilities, for private gain or personal purposes;  Be dedicated to public service by being cooperative and constructive, and by making the best and most efficient use of available resources;  Not take any special advantage of services or opportunities for personal gain, by virtue of their public office that is not available to the public in general. They shall refrain from accepting any gifts, favors or promises of future benefits, which compromise their independence of judgment or action or give the appearance of being compromised;  Assure their independence and impartiality on behalf of the common good. Town Officials shall not use their official positions to influence government positions, which may give the appearance of conflict of interest. Town Officials shall represent the official policies or positions of the Town Council, board or commission to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, members shall explicitly state they do not represent their respective body or the Town of Trophy Club, nor will they allow the inference that they do; Town Council 77 of 167 Meeting Date: August 3, 2009  In accordance with the state law, Town Officials shall disclose investments, interests in real property, sources of income, and gifts; and they shall abstain from participating in deliberations and decision-making where conflicts may exist;  Recognize that public and political policy decisions, based on established values, are ultimately the responsibility of the Town Council;  Respect and adhere to the Council-Manager structure of Trophy Club Town government as outlined by the Trophy Club Town Charter.  Because of the value of the independent advice of boards and commissions to the public decision-making process, refrain from using their position to unduly influence the deliberations or outcomes of board, commission, or committee proceedings;  Support the maintenance of a positive and constructive work place environment for Town employees and for citizens and businesses dealing with the Town. Town Officials shall recognize their special role in dealings with Town employees and in no way create the perception of inappropriate direction to staff. SECTION 2. DEFINITIONS The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. A. "Business Entity". Any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock company, receivership, trust, or any legal entity organized for profit. B. “Benefit”. Anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested. C. "Business Dealings". Any activity involving the exchange of economic benefits. D. "Candidate". Every person who declares for or files for any office of the Town to be filled by election. E. "Compensation". Any economic benefit received in return for labor, services, property, or investment. F. "Economic Benefit". Any money, real or personal property, purchase, sale, lease, contract, option, credit, loan, discount, service, or other tangible or intangible thing of value, whether similar or dissimilar to those enumerated. Town Council 78 of 167 Meeting Date: August 3, 2009 G. "Family Member". A person related to a Town Official in the first degree by consanguinity (blood) or affinity (marriage) as determined under Chapter 573 of the Texas Local Government Code, as amended. H. "Gift". A favor, hospitality, Economic Benefit, product or item having a value of $25.00, or more. A Gift does not include products or items solicited, accepted or received as a campaign contribution in support or opposition of a political campaign and regulated in accordance with provisions of federal, state, or local laws governing campaign finances. It does not include money, items, or benefits received from a relative if given on account of kinship, or any value received by will, intestate succession, or as a distribution from an inter vivos or testamentary trust established by a spouse or ancestor. I. "Gross Income". Income received prior to the deduction of taxes or any other expenses as defined by the Internal Revenue Service. J. "Intentionally". A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result. K. "Knowingly". A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result. L. "Pecuniary Gain". Any use, benefit or thing of value that can be valued in money. M. "Substantial Interest. A person has a substantial interest in a business entity if he and/or a Family Member: (a) owns ten percent (10%) or more of the voting stock or shares of the business entity; (b) owns either ten percent (10%) or more or $15,000 or more of the fair market value of the business entity; or (c) funds received from the business entity exceed ten percent (10%) or more of the person's gross income for the previous year. A person has a substantial interest in real property if the interest is an equitable or legal ownership with a fair market value of $2,500 or more. A person is considered to have a substantial interest under this Article if a Family Member of the person has a substantial interest under this Article. N. "Town Official(s)", “Official, or "Officer". The Mayor, every member of the Town Council, the Town Manager, Town Secretary, the Town Attorney and each member of a Town Board, Commission, Committee, or Advisory Group. Town Council 79 of 167 Meeting Date: August 3, 2009 SECTION 3. STANDARDS OF CONDUCT A. Gifts. 1. No Town Official shall intentionally or knowingly solicit or accept any contribution, Gift, or Economic Benefit with actual or constructive knowledge that same is: (a) offered or given with intent to influence the judgment or discretion of such Town Official; or (b) given in consideration of the favorable exercise of such Town Official's judgment or discretion in the past. 2. No Town Official shall intentionally or knowingly solicit or accept any Gift in violation of state law. When determining whether a violation of state law has occurred, the Ethics Commission shall use state law standards as interpreted by case law and the Texas Attorney General. Unless otherwise opined by the Texas Attorney General or a court of competent jurisdiction, the following items or services do not constitute prohibited Gifts: (a) Political contributions made and reported in accordance with all applicable federal, state, or local laws. (b) Awards publicly presented in recognition of public service. (c) Entertainment, meals or refreshments furnished in conjunction with public events, appearances, or ceremonies related to official Town business, if furnished by the sponsor of such public event, and meals and refreshments when furnished or provided to the Town Official during the conduct of public business. (d) Pens, pencils, calendars, T-shirts, caps and similar items containing logos, slogans, company names or other marketing material and commonly given out for advertising purposes. B. General Provisions. 1. No Town Official shall intentionally or knowingly disclose any confidential or privileged information gained by reason of such Town Official's position. No Town Official shall use any such confidential information for the Pecuniary Gain of such Official, or others. 2. No Town Official shall intentionally or knowingly appear before the body of which the Official is a member while representing himself, or any other Town Council 80 of 167 Meeting Date: August 3, 2009 person, group, association, interest, or Business Entity. This subsection shall not be applicable in instances where the Town Official is a member of, serves on the Commission, or serves in an office of a group, association or other entity by reason of having appointed to serve in such position by the Town Council. 3. No Town Official shall intentionally or knowingly represent directly or indirectly any private person, group, or interest other than himself/herself or a Family Member before any department, agency, commission or board of the Town for pay or profit. 4. No Town Official shall intentionally or knowingly interfere with the Town Manager’s administrative duties of appointment to and removal of persons from employment with the Town. Nor shall private directives be made to Town staff by such Official. 5. No Town Official shall vote on or participate in any decision making process if the Official has a direct or indirect financial interest in the outcome of the matter under consideration, as defined by state law. No Town Official shall vote on or participate in any decision making process on any matter concerning real property or a Business Entity if the Official has a substantial interest in the Business Entity or real property as defined by state law. SECTION 4. DISCLOSURE OF INTEREST If any Town Official has a Substantial Interest in any real property or Business Entity involved in any decision pending before the body of which the Official is a member, the Official shall not vote or otherwise participate in the consideration of the matter. Such Town Official shall publicly disclose, verbally and in writing, the nature and extent of such interest to the body on which the Official serves prior to any discussion or determination of the matter to be considered or immediately upon discovery of the conflict of interest. The Official shall complete the following statement of disclosure and file such statement in the official minutes of the body: AFFIDAVIT OF CONFLICT OF INTEREST THE STATE OF TEXAS § COUNTY OF DENTON § I, ________________________________ as a member of the Trophy Club ________________ make this affidavit and hereby on oath state the following: I, and/or a person or persons related to me in the first degree by either affinity or consanguinity, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the Trophy Club _____________, as those terms are defined in Chapter 171 of the Local Government Code, as amended and other state law. Date of Meeting: ______________ Agenda Item Number: ___________________ The Business Entity is: Town Council 81 of 167 Meeting Date: August 3, 2009 ______________________________________________________________________ ________________________________ have a substantial interest in this business entity for the following (Insert “I” or the name of other persons) reasons: (check all which are applicable)  Ownership of 10% or more of the voting stock or shares of the business entity.  Ownership of 10% or $15,000 or more of the fair market value of the business entity.  Funds received from the business entity exceed 10% of my gross income for the previous year.  Real property is involved and I have an equitable or legal ownership with a fair market value of at least $2,500.  Other ___________________________________________________________________________. Upon the filing of this affidavit with the Official Record Keeper of the Town, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this ___________ day of ___________________________, 20_____. ______________________________________ Signature of Official ______________________________________ Title BEFORE ME, the undersigned authority, this day personally appeared ___________________________ and on oath stated that the facts hereinabove stated are true to the best of their knowledge or belief. SWORN TO AND SUBSCRIBED BEFORE ME on this ___________ day of _______________, 20____ (Seal) ____________________________________ Notary Public in and for the State of Texas SECTION 5. ETHICS COMMISSION A. An Ethics Commission (the "Commission") is hereby established. The Commission shall be composed of six (6) members, all of whom shall reside in the Town. Commission members shall be appointed by vote of four (4) or more members of the Town Council, serve at the pleasure of the Town Council, and may be removed by a vote of four (4) or more members of the Town Council. B. Commission members must be registered voters who are residents of the Town of Trophy Club and possess all qualifications to serve on a Commission as set forth in the Town’s Ordinances and Handbook for Elected and Appointed Officials. No member of the Commission may be: 1. A Town Official, or employee, or relative of a Town Official or employee; or Town Council 82 of 167 Meeting Date: August 3, 2009 2. A person holding an elected or appointed public office of any governmental entity; or 3. A person who has filed to run or who is running to hold an elected or appointed public office of any governmental entity; 4. A person who holds any office for any political party; or 5. Anyone having an economic interest in any Business Entity owned in whole or in part by any Town Official or employee, or by which any Town Official is employed; or 6. A person who has any Business Dealings with a Town Official or employee; or 7. A person who has been a paid campaign worker or political consultant for any Town Council member or Candidate. C. Commission members shall serve without Compensation, but shall be eligible to be reimbursed for actual expenses in accordance with Town policy. D. Term of Office. The first year of its existence, three (3) Commission members shall be appointed to serve for a one (1) year term each with such term expiring in September, 2010, and three (3) Commission members shall be appointed for a two (2) year term each with such term expiring in September, 2011. Thereafter, all members shall be appointed to two (2) year staggered terms with the terms of three (3) members expiring in even years and the terms of three (3) members expiring in odd numbered years. E. All vacancies shall be filled for the unexpired term. A member shall hold office until his or her successor has been appointed by the Town Council. Any member who no longer resides within the corporate boundaries of the Town is deemed to have automatically vacated his/her position on the Commission. F. The Commission shall elect a Chair and a Vice-Chair to one (1) year terms. The Vice-Chair shall act as Chair in the absence of the Chair. G. Four (4) members of the Commission shall constitute a quorum, but no action of the Commission shall be of any force or effect unless it is adopted by the favorable unanimous vote of the Commission. SECTION 6. ADVISORY OPINIONS The Commission shall render advisory opinions on potential conflicts of interest Town Council 83 of 167 Meeting Date: August 3, 2009 or violations of this Article at the request of a Town Official. Such advisory opinion shall be rendered within a reasonable time, but in no event later than thirty (30) days after a request therefore is received by the Commission. A. It shall be a defense to the prosecution of proceedings on an alleged violation of this Article that the person accused previously requested an advisory opinion of the Commission and acted on such opinion in good faith, unless material facts were omitted or misstated by the person requesting the opinion. Such advisory opinion shall also be binding on the Commission in any subsequent charges concerning the person requesting the opinion. B. Independent legal counsel shall be retained to advise the Commission. SECTION 7. COMPLAINT PROCESS A. Sworn Complaint Required. Only the filing of a written sworn complaint with the Town Secretary's office, shall specific violations of this Article that are alleged to have been committed by Town Officials be considered. A sworn complaint alleging a violation shall be based on personal knowledge and shall meet the requirements set forth herein. B. Complaint Content. The written complaint shall contain (1) the name of the complaining party (hereinafter “Complainant”); (2) the name of the party against whom the complaint is being filed (hereinafter “Respondent”); (3) the specific provision of this Article allegedly violated; (4) specific dates, approximate time of day, locations and other facts evidencing the alleged violations; and (5) any documentation evidencing that the alleged violation occurred. C. Complaint Review. Not later than ten (10) working days after the Town Secretary receives a sworn complaint, the Town Secretary shall acknowledge the receipt of the complaint to the complainant, and provide a copy of the complaint to the Town Council, Town Manager, Town Attorney and the person complained against. Within such ten (10) day time period, the Town Secretary shall review the complaint to determine if it meets all of the requirements set forth in this section, and alternatively, if the complaint does not meet all of the requirements set forth in the preceding paragraph, the Town Secretary shall, within such ten (10) day period, notify the Complainant in writing of the nature of the deficiency, and no further action by the Town Secretary or Council shall be necessary until such time as the Town Secretary determines that the complaint meets the requirements of paragraph (a) above. If the written sworn complaint meets all of the requirements set forth in paragraph (a) above, the Town Secretary shall place the complaint on the next available regular Council meeting agenda for which posting requirements may legally and procedurally be met. D. Council Review. Once placed upon the Council agenda, the scope of the Council Town Council 84 of 167 Meeting Date: August 3, 2009 review shall be limited to a determination of whether the complaint on its face presents a violation of this Article for which sanctions would be appropriate in order to serve the legitimate goal of orderly governance, integrity, and public confidence in government. Upon affirmative vote of four (4) members of Town Council that the complaint merits further review and investigation, the complaint shall be forwarded to the Ethics Commission for consideration. As part of its determination, the Town Council may specify any and all individual allegations from the Complaint that merit review and investigation by the Ethics Commission at a hearing on the matter. Alternatively, if upon review of the complaint on its face, four (4) members of the Town Council vote that further review and investigation is not warranted, then the Complainant shall be notified in writing of such vote, the written complaint shall be returned to the Complainant, and no further action shall be required. E. Documents Confidential. All documents related to a sworn complaint are confidential, unless they are required to be disclosed under the Texas Public Information Act, as amended. F. Notices After Council Referral. Not later than ten (10) working days after the Town Council votes to refer a complaint to the Ethics Commission, the Town Secretary shall notify the Complainant and Respondent in writing of the date and time at which the Ethics Commission will consider the complaint. A copy of the complaint shall also be provided to independent legal counsel advising the Commission. The Commission hearing date shall be no later than twenty (20) working days from the date that the Council referred the complaint to the Ethics Commission. If the Commission does not hold a hearing within thirty (30) working days of Council referral, it shall notify the person who made the complaint of the reasons for the delay and shall subsequently give him or her the appropriate notification of the hearing date. If the Commission does not hold a hearing within sixty (60) days of Council referral of the complaint, the complaint shall be deemed null and void. G. Complaints Required to be Timely Made. A sworn complaint alleging a violation of this Article must be filed with the Town Secretary within six (6) months after the date of the act alleged to be a violation. Complaints filed after such six (6) month period shall not be considered by the Commission. SECTION 8. HEARINGS AND DISPOSITION OF ALLEGED VIOLATIONS. A. Commission Communications. After a complaint has been filed and during the pendency of a complaint before the Commission, a member of the Commission may not communicate directly or indirectly with any party or person about any issue of fact or law regarding the complaint, except at a posted meeting of the Commission; provided that the Chair, or as applicable the Vice-Chair, may consult with the attorney for the Commission as to process, procedure and legal issues. Town Council 85 of 167 Meeting Date: August 3, 2009 B. Hearing. In accordance with the time frames set forth in Section 7 of this Article, but in no event more than sixty (60) days after referral of a complaint from Town Council, the Commission shall conduct a hearing. 1. The Complainant shall state the alleged violation and shall describe in narrative form the testimony and other evidence to prove the alleged violation as stated in the written complaint. Statements at the hearing shall be under oath, but there shall be no cross-examination or requests for persons or evidence issued for the hearing. Members of the Commission or its legal counsel may question the Complainant, the Respondent or his or her representative, and any witness proffered by either the Complainant or Respondent. 2. The Respondent named in the complaint shall have the opportunity to respond, but is not required to attend or make any statement. The Official may describe in narrative form the testimony and other evidence to disprove the alleged violation of this Article. If the Official agrees that a violation of this Article has occurred, he may so state and the Commission may consider the appropriate sanction. 3. The Complainant and the Respondent shall have the right to employ and to be represented by legal counsel. 4. The issue at hearing shall be whether a violation of this Article has occurred. The Ethics Commission shall make its determination based on clear and convincing evidence in the record. All witnesses shall make their statements under oath. If the Commission determines by unanimous vote that a violation of this Article has occurred, it shall state its findings in writing, shall identify the particular provision(s) of this Article which have been violated, and within ten (10) working days shall deliver a copy of the findings to the Complainant, the Respondent, and the Town Secretary. 5. The Commission, at any time during the hearing, may dismiss a complaint if the Commission determines that the complaint does not allege conduct which would be a violation of this Article. 6. The Ethics Commission may grant two (2) postponements, not to exceed fifteen (15) days each, upon the request of the Town Official named in the complaint. SECTION 9. DISPOSITION AND SANCTIONS. A. Violation Found. If the Ethics Commission determines that a violation of this Article has occurred, it shall proceed directly to determination of the appropriate Town Council 86 of 167 Meeting Date: August 3, 2009 sanction(s). B. Possible Sanctions. If the Ethics Commission determines that a violation of this Article has occurred, it may impose or recommend the following sanctions: 1. For a first violation, a letter of notification shall be the appropriate sanction when the violation is clearly unintentional, or when the Town Official's conduct complained of was made in reliance on a written opinion of the Town Attorney. A letter of notification shall be directed to the Official complained against, with a copy to the Complainant and to the Town Secretary. 2. For a second violation, a letter of admonition shall be the appropriate sanction in those cases in which the Commission finds that the violation is minor. 3. For a third violation, a letter of reprimand shall be the appropriate sanction when the Commission finds that a violation has been committed intentionally or with knowing disregard of this Article. 4. For a fourth or subsequent violation, a letter of censure shall be the appropriate sanction when the Commission finds that repeated violation(s) of this Article has been committed intentionally or through knowing disregard of this Article by a Town official. A letter of censure shall be directed to the Respondent with a copy sent to the Town Secretary, Town Council, Town Manager, and Town Attorney. SECTION 10. FALSE COMPLAINTS. A. In the event a complaint is received by the Commission that is subsequently found to be baseless, and the Commission deems that the complaint was filed with the intent to: 1. harass the person named in the complaint; or 2. damage any person's reputation; or 3. benefit the person filing the complaint, or a third party, either personally, professionally or politically; or 4. damage a related third party the Commission may recommend to the Town Council that the Town reimburse the reasonable legal fees and expenses incurred by the Respondent. The Town Attorney shall make a determination as to what constitutes reasonable fees and Town Council 87 of 167 Meeting Date: August 3, 2009 expenses for the representation of the Respondent. The Town Council shall determine whether such fees and expenses shall be reimbursed, and if reimbursement is approved, the amount to be reimbursed. SECTION 11. CODE OF ORDINANCES. The Code of Ordinances of the Town is hereby amended to include the terms and provisions of this Ordinance. All ordinances, parts of ordinances and the Code of Ordinances in conflict herewith are hereby amended to the extent of such conflict only. If a provision of this Ordinance and any other ordinance shall conflict, the terms of this Ordinance shall govern and control and the other ordinance or Code provision shall be read and construed in a manner consistent with the intent and provisions of this Ordinance. SECTION 12. SEVERABILITY. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or its application to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 13. EFFECTIVE DATE. This Ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Texas Local Government Code, and it is accordingly so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 3rd day of August, 2009. Mayor, Connie White Town of Trophy Club, Texas [SEAL] ATTEST: Town Council 88 of 167 Meeting Date: August 3, 2009 Lisa Hennek, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town Council 89 of 167 Meeting Date: August 3, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-258-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/27/2009 Town Council On agenda:Final action:8/3/2009 Title:Consider and take appropriate action regarding a Resolution to approve the placement of a proposal to adopt a 2009 Tax Rate on the September 28, 2009 Town Council Public Meeting Agenda as an action item, and announce a Public Hearing date regarding the adoption of the FY09-10 Budget. Attachments:Res 2009 Approve placement proposal to adopt 2009 tax rate.pdf Action ByDate Action ResultVer. Town Council 90 of 167 Meeting Date: August 3, 2009 109-258-T Version:File #: Title Consider and take appropriate action regarding a Resolution to approve the placement of a proposal to adopt a 2009 Tax Rate on the September 28, 2009 Town Council Public Meeting Agenda as an action item, and announce a Public Hearing date regarding the adoption of the FY09-10 Budget. Explanation The Property Tax Code specifies that “when a proposed rate exceeds the rollback rate or the effective rate, whichever is lower, the taxing unit’s governing body, other than for a small taxing unit, a water district or a school district, must vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item”. The Proposed 2009-10 Budget is funded with a proposed tax rate of $.45551 / $100 (O&M .37389, .08162).The overall proposed tax rate represents no change from the current year. Although this proposed rate is below the rollback rate, it is above the effective tax rate and requires two separate public hearings. Recommendation 08/03/09 Vote to Place Proposal on Future Agenda 08/12/09 Publish Required Notice of Effective Tax Rate & Schedules 08/12/09 Publish Required Notice of Public Hearing On Tax Increase 08/24/09 Hold First Public Hearing 09/02/09 Publish First Required Notice of Tax Revenue Increase 09/09/09 Publish Second Required Notice of Tax Revenue Increase 09/14/09 Hold Second Public Hearing 09/28/09 Adopt Tax Rate Action by Council Discuss and take appropriate action regarding a Resolution to approve the placement of a proposal on the September 28, 2009, Town Council Public Meeting Agenda to adopt a 2009 tax rate that will exceed the lower of the rollback rate or the effective tax rate; calling public hearings on a tax increase to be held on August 24, 2009 and September 14, 2009, requiring publication of a Notice of Public Hearing on Tax Increase in accordance with the law; and providing an effective date. Needs to be a recorded vote. Town Council 91 of 167 Meeting Date: August 3, 2009 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2009 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING THE PLACEMENT OF A PROPOSAL ON THE SEPTEMBER 28, 2009, TOWN COUNCIL PUBLIC MEETING AGENDA TO ADOPT A 2009 TAX RATE THAT WILL EXCEED THE LOWER OF THE ROLLBACK RATE OR THE EFFECTIVE TAX RATE; CALLING PUBLIC HEARINGS ON A TAX INCREASE TO BE HELD ON AUGUST 24, 2009 AND SEPTEMBER 14, 2009; REQUIRING PUBLICATION OF A NOTICE OF PUBLIC HEARING ON TAX INCREASE IN ACCORDANCE WITH THE LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council desires to consider adoption of a tax rate of $0.45551 per $100 valuation, which will exceed the lower of the rollback rate or the effective tax rate, in accordance with the requirements of the Texas Tax Code Chapter 26 and to schedule public hearings on the proposed tax increase as required by law; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. The Town Council desires to consider adoption a tax rate for the 2008 tax year of $0.45551 per $100 valuation that will exceed the lower of the rollback rate or the effective tax rate. Section 2. The Town Council hereby approves the placement of an item on the September 28, 2009 Town Council public meeting agenda, such meeting being a regular Council meeting, to vote on a proposed tax rate of $0.45551 per $100 valuation that will exceed the lower of the rollback rate or the effective tax rate. Section 3. The Town Council hereby calls public hearings on the proposed tax increase to be held in the Svore Municipal Building located at 100 Municipal Drive, Trophy Club, Texas 76262 on August 24, 2009 and September 14, 2009 at 7:00 p.m., such dates being weekdays which are not public holidays. The first public hearing will not be held until at least seven days after notice of both public hearings have been published in the Trophy Club Times, a newspaper having general circulation within the Town, in the form of the attached Notice of Public Hearing on Tax Increase, which is incorporated into this Resolution for all purposes meeting the size requirements specified Texas Tax Code §26.06. The Town Manager and the Assistant Town Manager are hereby directed to publish such notice in accordance with this Resolution and in 1 Town Council 92 of 167 Meeting Date: August 3, 2009 2 accordance with Texas Tax Code §26.06. At both public hearings, the Town Council will afford adequate opportunity for both proponents and opponents of the tax increase to present their views. Section 4. This Resolution shall become effective immediately upon its passage and approval at a regular meeting of the Town Council of the Town of Trophy Club, Texas on this the 3RD day of August, 2009, at which meeting a quorum was present and the meeting was held in accordance with the provisions of Texas Government Code §551.001, et seq. The Town Secretary is hereby directed to record this Resolution and the vote on the proposal to place the item for a tax increase on the September 28, 2009 Town Council agenda. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 3rd day of August, 2009. __________________________________ Connie White, Mayor Town of Trophy Club, Texas ATTEST: ___________________________________ Town Secretary Town of Trophy Club, Texas [Seal] APPROVED AS TO FORM: ____________________________________ Town Attorney Town of Trophy Club, Texas Town Council 93 of 167 Meeting Date: August 3, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-278-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/30/2009 Town Council On agenda:Final action:8/3/2009 Title:Present and discuss 2009 Certified Appraisal Records and Effective/Rollback Tax Rate Calculations. Attachments:2009 Town Certified Appraisal Roll for Denton County.pdf 2009 Town Certified Appraisal Roll for Tarrant County.pdf 2009 PID Certified Appraisal Roll for Denton County.pdf Action ByDate Action ResultVer. Town Council 94 of 167 Meeting Date: August 3, 2009 109-278-T Version:File #: Title Present and discuss 2009 Certified Appraisal Records and Effective/Rollback Tax Rate Calculations. Body Municipalities are requiredto publish their rollback tax rates in the newspaper,along with the effectivetax rate and other required schedules. These are currently scheduled to publish on August 12, 2009 in the Trophy Club Times . The rollback tax rate divides the overallproperty taxes into two categories-maintenanceand operations (M&O) taxes and debt service taxes. By law, the rollback rate for taxing units is set at an eight percent (8%) increase in operatingtaxes. The effectivetax rate is generally the property taxes dividedby the current year’s taxable valueof properties that were on the tax roll in both years. This rate excludes taxes on properties no longer in the taxing unit and also excludes the current taxable value of new properties (growth).The Town of Trophy Club’s effective rate for this year is $._______/$100 valuation, and the rollback rate is $._______/$100 valuation (provided at meeting). *Note: The Public Improvement District, which is governed by the Chapter 372 of Local Government Code, requires differentpublishing and meeting notices as opposed to Chapter 26 of the Tax Code. As a result, neither an effectiveor rollback rate is calculated. For your information, staff has, however,providedthe Certified Assessment Roll Grand Totals Report for the PID. Recommendation Management recommends approval. Attachments: 1. 2009 Certified Assessment Roll Grand Totals Report - Town/Denton County 2. 2009 Certified Assessment Roll Grand Totals Report - Town/Tarrant County 3. 2009 Notice of Effective Tax Rate & Schedules - Town (Provided At Meeting) 4. 2009 Effective Tax Rate Worksheet - Town (Provided At Meeting) 5. 2009 Rollback Tax Rate Worksheet - Town (Provided At Meeting) 6. 2009 Certified Assessment Roll Grand Totals Report - PID* Town Council 95 of 167 Meeting Date: August 3, 2009 Town Council 96 of 167 Meeting Date: August 3, 2009 Town Council 97 of 167 Meeting Date: August 3, 2009 Town Council 98 of 167 Meeting Date: August 3, 2009 Town Council 99 of 167 Meeting Date: August 3, 2009 Town Council 100 of 167 Meeting Date: August 3, 2009 Town Council 101 of 167 Meeting Date: August 3, 2009 Town Council 102 of 167 Meeting Date: August 3, 2009 Town Council 103 of 167 Meeting Date: August 3, 2009 Town Council 104 of 167 Meeting Date: August 3, 2009 Town Council 105 of 167 Meeting Date: August 3, 2009 Town Council 106 of 167 Meeting Date: August 3, 2009 Town Council 107 of 167 Meeting Date: August 3, 2009 Town Council 108 of 167 Meeting Date: August 3, 2009 Town Council 109 of 167 Meeting Date: August 3, 2009 Town Council 110 of 167 Meeting Date: August 3, 2009 Town Council 111 of 167 Meeting Date: August 3, 2009 Town Council 112 of 167 Meeting Date: August 3, 2009 Town Council 113 of 167 Meeting Date: August 3, 2009 Town Council 114 of 167 Meeting Date: August 3, 2009 Town Council 115 of 167 Meeting Date: August 3, 2009 Town Council 116 of 167 Meeting Date: August 3, 2009 Town Council 117 of 167 Meeting Date: August 3, 2009 Town Council 118 of 167 Meeting Date: August 3, 2009 Town Council 119 of 167 Meeting Date: August 3, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-262-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/3/2009 Town Council On agenda:Final action:8/3/2009 Title:Consider and take appropriate action regarding an Agreement for Animal Euthanasia /Disposal Services with a private contractor, Brian Hall, d/b/a/ Brian The Animal Guy. Attachments:Animal Euthanasia Disposal Services- Brian The Animal Guy.pdf Action ByDate Action ResultVer. Town Council 120 of 167 Meeting Date: August 3, 2009 109-262-T Version:File #: Title Consider and take appropriate action regarding an Agreement for Animal Euthanasia /Disposal Services with a private contractor, Brian Hall, d/b/a/ Brian The Animal Guy. Explanation Last year, we contracted with “Brian the Animal Guy” to performeuthanasia services for the Town. His service has been very good and conforms to the statutory requirements regarding disposal of the remains of an animal that has been chemically euthanized. Recommendation Although the need is nominal, Management recommends extending the contract with Mr. Hall to furnish animal euthanasia/disposal services when the need occurs. Town Council 121 of 167 Meeting Date: August 3, 2009 AGREEMENT FOR ANIMAL EUTHANASIA /DISPOSAL SERVICES THIS AGREEMENT (hereinafter referred to as the “Agreement”) is made and entered into by Brian Hall, a private contractor, d/b/a/ Brian The Animal Guy (hereinafter referred to as Contractor) and the Town of Trophy Club, Texas, a municipal corporation, (hereinafter referred to as “Trophy Club” or the “Town”). RECITALS: WHEREAS, Trophy Club is desirous of providing its residents and businesses with animal euthanasia/disposal services, and WHEREAS, Contractor is desirous of furnishing animal euthanasia/disposal services to Trophy Club, and WHEREAS, the parties hereto desire to enter into this Agreement to provide such services at the highest level possible to Trophy Club in accordance with the terms and conditions set forth herein, and WHEREAS, all payments to be made hereunder shall be made from current revenues available to the paying party, and WHEREAS, the parties have concluded that this Agreement fairly compensates the performing party for the services being provided hereunder, and is in the best interest of each party. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND CONSIDERATION PROVIDED FOR HEREIN, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY CONFIRMED, THE PARTIES HERETO AGREE TO THE FOLLOWING: Section 1. All matters stated above in the preamble are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. Term This Agreement shall be for a term of twelve (12) months, commencing on October 1, 2009 and ending September 30, 2010, and may be extended thereafter by mutual consent of the parties hereto for an additional term of 12 months. Any extension of the term of this Agreement, including any changes in Town Council 122 of 167 Meeting Date: August 3, 2009 the terms and conditions, shall require the approval of the governing body of Trophy Club. Section 3. Scope of Services Contractor hereby agrees to provide Trophy Club the following services: a. Euthanasia Services: Contractor will euthanize as needed domestic animals or wildlife. Contractor must be dispatched by a representative of the Town to initiate the service. Contractor is a certified Euthanasia Technician by the Texas Department of Health. This service includes disposal of the animal. b. Disposal Services: Contractor will dispose of any deceased domestic animal or wildlife as needed when called by the Town representative. Section 4. Trophy Club’s Obligations Trophy Club agrees to perform the following: a. Pay the following fees for euthanasia with disposal based on type and or weight of animal: Wildlife………………………….... $20 per animal Adult Dog (under 30lbs.)……….$20 per animal Adult Dog (over 30lbs.)…………$30 per animal Adult Cat…………………………..$20 per animal Kittens……………………………..$20 per litter Puppies……………………………$5 per animal b. Pay the following fee for disposal ONLY (if animal is found deceased) Disposal only……………………….$10 per trip Section 5. Invoices Contractor will invoice the Town monthly at the end of each month for services provided. Invoice will detail date and service performed. Section 6. Termination: Town Council 123 of 167 Meeting Date: August 3, 2009 a. This Agreement may be terminated at any time, by either party, giving thirty (30) days written notice to the other party to the addresses provided herein. In the event of such termination by either party, Contractor will be compensated for all service performed to termination date, which will be the date thirty days from the date of the notice of termination, together with any payments then due and as authorized by this Agreement. b. If Trophy Club fails to make payment to Contractor within fifteen (15) days after the date of billing for any invoiced amounts, Contractor, at its discretion, may suspend service until payment is received. Trophy Club will not receive credit for time which service is suspended for payment. If it becomes necessary for Contractor to suspend services to Trophy Club for non-payment of the invoiced amounts, Contractor will identify a date on which the services will be suspended and will notify Town via the Chief of Police by telephone and in writing of the date services will be suspended. c. Trophy Club’s recourse for failure of Contractor to furnish any services under this Agreement will be the right to make a proportionate reduction in the fee to be paid (as determined by mutual agreement of the parties) or terminate this Agreement by giving proper notice. Section 7. Notices All written notices shall be sent to the following parties by certified mail-return receipt requested: Brian Hall Trophy Club Police Dept. 510 Santa Barbara Dr. Attn. Chief Kniffen Keller, TX 76248 100 Municipal Drive Trophy Club, TX 76262 Section 8. Dispute Resolution In order to ensure an effective relationship between the parties and to provide the best possible services, it is mutually agreed that all questions arising under this Agreement shall be handled and resolved between the Town Council of Trophy Club and the CEO of Brian The Animal Guy. Section 9. Jurisdiction Town Council 124 of 167 Meeting Date: August 3, 2009 By this Agreement, Trophy Club grants full and complete authorization and jurisdiction to Contractor for all services provided by Contractor as contained in this Agreement. Said jurisdiction shall apply to the Town limits of Trophy Club. Section 10. Venue Venue for any legal dispute arising pursuant to this Agreement shall be in Denton County, Texas. Section 11. Supervision/Certification At all times during the term of this Agreement, all officers shall be under supervision and control of a representative of the Contractor. Also, all officers must be certified in their respective areas of expertise to carry out their duties. Section 12. Performance Both parties mutually agree that the Contractor is an independent contractor, and shall have exclusive control of performance hereunder, and that employees of the Contractor in no way are to be considered employees of Trophy Club. Section 13. Indemnification Contractor agrees to hold harmless, save and indemnify the Town of Trophy Club and its Officers for any and all claims for damages, personal injury and/or death that are asserted against Trophy Club arising from Contractor negligence or its performance hereunder, save and except intentional acts of gross negligence by Trophy Club. The foregoing notwithstanding, the parties hereto reserve the right to all available legal defenses and all protections and limitations of liability provided by the Texas Tort Claims Act and the Texas Constitution relative to these parties. The provisions of this indemnification are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Section 14. Insurance Town Council 125 of 167 Meeting Date: August 3, 2009 Contractor agrees to procure and maintain, at a minimum, a $300,000 liability insurance policy providing coverage against any and all claims for personal injury or property damage arising out of acts, errors, or omissions of Contractor, its officers, employees, or agents under or pursuant to this agreement and naming Town as additional insured. IN WITNESS WHEREOF, we have hereunto set our hands this 3rd day of August, 2009, in duplicate originals. CONTRACTOR TOWN OF TROPHY CLUB _______________________ __________________________ By: Brian Hall, Owner By: Police Chief, Scott Kniffen ATTEST: ATTEST: _______________________ ________________________ By: Witness By: Witness Town Council 126 of 167 Meeting Date: August 3, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-249-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/17/2009 Town Council On agenda:Final action:8/3/2009 Title:Consider and take appropriate action regarding a Resolution casting the Town's vote for one candidate to serve the DENCO Area 9-1-1 District, and providing an effective date. Attachments:Denco Memo and Resumes.pdf Res 2009- Appt BOD DENCO.pdf Action ByDate Action ResultVer. Town Council 127 of 167 Meeting Date: August 3, 2009 109-249-T Version:File #: Title Consider and take appropriate action regarding a Resolution casting the Town's vote for one candidate to serve the DENCO Area 9-1-1 District, and providing an effective date. Body The DENCO Area 9-1-1 District requests that each participating city vote for one of the candidates and advise the district of its selection prior to 5:00 p.m. September 9, 2009. Nominees Olive Stephens and Bob Radder Town Council 128 of 167 Meeting Date: August 3, 2009 Town Council 129 of 167 Meeting Date: August 3, 2009 Town Council 130 of 167 Meeting Date: August 3, 2009 Town Council 131 of 167 Meeting Date: August 3, 2009 Town Council 132 of 167 Meeting Date: August 3, 2009 Town Council 133 of 167 Meeting Date: August 3, 2009 Town Council 134 of 167 Meeting Date: August 3, 2009 Town Council 135 of 167 Meeting Date: August 3, 2009 Town Council 136 of 167 Meeting Date: August 3, 2009 Town Council 137 of 167 Meeting Date: August 3, 2009 Town Council 138 of 167 Meeting Date: August 3, 2009 Town Council 139 of 167 Meeting Date: August 3, 2009 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2009- A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPOINTING ONE MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT; PROVIDING FOR SUBMITTAL OF SAME TO THE CHIEF APPRAISER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 772, Health and Safety Code, provides that two voting members of the Board of Managers of an Emergency Communications District shall be appointed jointly by all cities and towns lying wholly or partly within such District; and WHEREAS, the Town is entitled to vote for a candidate to serve the Denco Area 9-1-1 District; and WHEREAS, having considered the slate of candidates provided to the Town, the Town Council has cast its vote in accordance with this Resolution for the person named below. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town of Trophy Club, Texas, hereby votes for _____________ as a member of the Board of Managers for the Denco Area 9-1-1 Emergency Communication District. Section 2. That this Resolution, indicating the votes cast and candidate selected, shall be submitted to the Denco Area 9-1-1 District, by September 9, 2009. Section 3. That this Resolution shall become effective from and after its date of passage in accordance with law, and it is so resolved. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 3rd day of August, 2009. ___________________________________ Mayor, Connie White Town of Trophy Club, Texas ATTEST: ___________________________________ Town Secretary, Lisa Hennek Town of Trophy Club, Texas [Seal] APPROVED AS TO FORM: ____________________________________ Town Attorney, Patricia A. Adams Town of Trophy Club, Texas Town Council 140 of 167 Meeting Date: August 3, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-268-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/27/2009 Town Council On agenda:Final action: Title:Consider and take appropriate action regarding a Resolution casting the Town’s allocated vote (1) for a candidate to serve as a member of the Denton Central Appraisal District Board of Directors. Attachments:DCAD.pdf RES 2009- DCAD Appraisal District Board Vote cast for John Mitchell.pdf Action ByDate Action ResultVer. Town Council 141 of 167 Meeting Date: August 3, 2009 109-268-T Version:File #: Title Consider and take appropriate action regarding a Resolution casting the Town’s allocated vote (1) for a candidate to serve as a member of the Denton Central Appraisal District Board of Directors. Body Trophy Club PID #1 Emergency Services is allocated one vote. Town Council 142 of 167 Meeting Date: August 3, 2009 Town Council 143 of 167 Meeting Date: August 3, 2009 Town Council 144 of 167 Meeting Date: August 3, 2009 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2009- A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, CASTING ITS ALLOCATED VOTE FOR JOHN MITCHELL TO SERVE AS A MEMBER OF THE DENTON CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTORS; PROVIDING FOR SUBMITTAL OF SAME TO THE CHIEF APPRAISER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 6.03 of the Tax Code provides for the selection of members for the Denton Central Appraisal District’s Board of Directors based on the standard process of nominations and selection by the voting units in a taxing jurisdiction; WHEREAS, the Town of Trophy Club, Texas, (PID #1 Emergency Services District) based on the tax levy for the Town, was allocated a total of one (1) vote to cast for nominated candidate(s) named on the ballot provided by the Chief Appraiser of the Denton Central Appraisal District, WHEREAS, it is the desire of the Town Council of the Town of Trophy Club, Texas, to cast it’s allocated vote to select John Mitchell for placement on the Board of Directors for the Denton Central Appraisal District. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town of Trophy Club, Texas, hereby casts its allocated vote for John Mitchell, Denton County Tax Assessor/Collector, to serve as a member of the Board of Directors for the Denton Central Appraisal District. Section 2. That this Resolution, indicating the vote cast and candidate selected, shall be submitted to the Chief Appraiser of the Denton Central Appraisal District prior to August 15, 2009. Section 3. That this Resolution shall become effective from and after its date of passage in accordance with law, and it is so resolved. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 3rd day of August, 2009. ___________________________________ Mayor, Connie White Town Council 145 of 167 Meeting Date: August 3, 2009 - - Town of Trophy Club, Texas ATTEST: ___________________________________ Town Secretary Town of Trophy Club, Texas [Seal] APPROVED AS TO FORM: ____________________________________ Town Attorney Town of Trophy Club, Texas Town Council 146 of 167 Meeting Date: August 3, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-236-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/10/2009 Town Council On agenda:Final action:8/3/2009 Title:Consider and take appropriate action regarding an Ordinance reordering numbers and letters in the Town Charter as a result of Charter amendments adopted at the May, 2009 election. Attachments:Ord. 2009- Renumbering Charter Amendments Example 1.pdf Ord. 2009- Renumbering Charter Amendments Example 2.pdf Action ByDate Action ResultVer. Town Council 147 of 167 Meeting Date: August 3, 2009 109-236-T Version:File #: Title Consider and take appropriate action regarding an Ordinance reordering numbers and letters in the Town Charter as a result of Charter amendments adopted at the May, 2009 election. Body Section 11.12 of the Town Charter authorizes the Council to adopt an ordinance to renumber and rearrange all articles, sections and paragraphs of the Charter and any amendments thereto as Council deems appropriate. The re-ordering of the Charter may not change the meaning or effect of any part of the Charter. The Council previously adopted an ordinance putting the Charter amendments adopted at the May, 2009 election into effect. The proposed ordinance provides for renumbering and re-lettering of portions of Article III, Article V, and Article VI of the Charter that are already in effect. The proposed re-ordering does not change or effect the meaning of the Charter or any portion thereof. As discussed at the last Council meeting, two examples for formatting of the text have been provided for Council review. Example 1 is a clean copy without redline and Example 2 is the redline document using strike through and bold to show changes. Town Council 148 of 167 Meeting Date: August 3, 2009 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2009-___ (Example 1) AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REORDERING NUMBERS AND LETTERS IN THE CHARTER AS A RESULT OF CHARTER AMENDMENTS ADOPTED AT THE MAY, 2009 ELECTION; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR ENGROSSMENT, ENROLLMENT, AND CERTIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, at a Special Election held within the Town of Trophy Club, Texas, on the 9th day of May, 2009, more than a majority of the duly qualified resident electors of the Town of Trophy Club, voting in the Special Election, voted in favor of the approval and adoption of a various amendments to the Home Rule Charter for the Town of Trophy Club, Texas; and WHEREAS, on the 18th day of May, 2009, the Town Council of the Town of Trophy Club adopted an Ordinance canvassing the returns of the Special Election and declaring that the Charter had been so amended in accordance with the official results of the Special Election and the Order of the Special Election, and thereby approved and adopted amendments to the Home-Rule Charter of the Town of Trophy Club; and WHEREAS, section 11.12 of the Town’s Home Rule Charter authorizes the Town Council to enact an ordinance to renumber and rearrange all articles, sections and paragraphs of the Charter and amendments to the Charter as determined appropriate by Council provided that there is no change to the meaning or effect of any part of the Charter; and WHEREAS, it deemed to serve the best interests of the Town of Trophy Club and its residents that the Town Council adopt this Ordinance reordering numbers and letters within the Charter to accommodate the newly adopted amendments to the Charter, and Council has determined that such reordering does not change the meaning of the Charter amendments or effect of any part thereof. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated into the body of this Ordinance and made a part hereof for all purposes. Ordinance 2009-12 Town Council 149 of 167 Meeting Date: August 3, 2009 SECTION 2. ADOPTION OF AMENDMENTS The following Sections of the Charter are reordered to reflect new number and/or letter designations as follows: 2.01 Section 3.06 shall be renumbered and reordered so that Article III of the Charter entitled “The Council” includes Section 3.06 and Section 3.06A which shall be and read in their entirety as follows: 3.06 Mayor The Mayor shall preside over the meetings of the Council, and perform such other duties consistent with the office as may be imposed upon him by this Charter and by ordinances and resolutions passed in pursuance thereof. He may participate in the discussion of all matters coming before the Council and he shall have a vote on all matters before the Council. He shall sign after authorization by the Council, all contracts, conveyances made or entered into by the Town, all bonds, warrants and any other obligations issued under the provisions of this Charter, in the manner prescribed in the ordinance authorizing the signing of any such obligation. He shall be recognized as the official head of the Town by the courts for the purpose of serving civil process, by the Governor for the purpose of enforcing military law and for all ceremonial purposes. 05-09-09-1, (Amended Section 3.06), Ord. 2009-12- Prop #9 Editor’s Note: Ref 3.06 and 3.06A. The 2009 election ballot language did not allow for the integration of two propositions into one section. For clarification, each proposition is shown under Section 3.06 and 3.06A. 3.06A Mayor The Mayor shall preside over the meetings of the Council, and perform such other duties consistent with the office as may be imposed upon him by this Charter and by ordinances and resolutions passed in pursuance thereof. He may participate in the discussion of all matters coming before the Council and in case of a tie vote, he shall have a casting vote. He shall sign, after authorization by the Council, all contracts, conveyances made or entered into by the Town, all bonds, warrants and any other obligations issued under the provisions of this Charter, in the manner prescribed in the ordinance authorizing the signing of any such obligation. He shall present an annual state of the Town message, which shall include setting out needs and goals for the Town. He shall be recognized as the official head of the Town by the courts for the purpose of serving civil process, by the Governor for the purpose of enforcing military law and for all ceremonial purposes. 05-09-09-1, (Amended Section 3.06 and creating 3.06 A), Ord. 2009-12- Prop #19 Editor’s Note: Ref 3.06 and 3.06A. The 2009 election ballot language did not allow for the integration of two propositions into one section. For clarification, each proposition is shown under Section 3.06 and 3.06A. Ordinance 2009-12 Town Council 150 of 167 Meeting Date: August 3, 2009 2.02 Section 5.01 shall be renumbered and reordered so that Article V of the Charter entitled “Nominations and Elections” includes a new Subsection (h) as adopted at the May 9, 2009 election pursuant to Proposition No. 13 which in part amended Section 5.01(e) of the Charter. The newly added Section 5.01(h) shall be and read in its entirety as follows: (h) Except as specifically provided in this section, in the case of a tie vote as between two (2) or more candidates, a special election shall be called by the Council in accordance with the Texas Election Code. If the tie does not prevent the filling of the vacancies then the special election shall not be required. Renumbered (e) to (h) 07-20-09___ Ord. ______Amended 05-09-09-1, Ord. 2009-12-Prop #13 Editor’s Note: Ref 5.01 (e) and 5.01(h). The 2009 election ballot language did not allow for the integration of two propositions into one section. For clarification, each proposition is shown with adopted verbiage in bold and strike through language. 2.03 Section 6.01 shall be renumbered and reordered so that Article VI of the Charter entitled “Recall” includes Section 6.01 and Section 6.01A, (a),(b), and (c) which shall be and read in their entirety as follows: 6.01 Scope of Recall Any elected Town official shall be subject to recall and removal from office by the qualified voters of the Town on grounds of incompetency, misconduct, malfeasance in office or who knowingly or intentionally violates any provision of the Charter. 05-09-09-1, (Amended Section 6.01), Ord. 2009-12- Prop #14 Editor’s Note: Ref 6.01 and 6.01A. The 2009 election ballot language did not allow for the integration of two propositions into one section. For clarification, each proposition is shown under Section 6.01 and 6.01A. 6.01A Scope of Recall Any elected Town official, whether elected to office by the qualified voters of the Town or appointed by the Council to fill a vacancy, shall be subject to recall and removal from office by the qualified voters of the Town on any one or more of the following grounds: incompetency, misconduct, malfeasance in office or who knowingly or intentionally violates any provision of the Charter. In this section: (a) “Incompetency” means (a) gross ignorance of official duties; or (b) gross carelessness in the discharge of official duties; or (c) inability or unfitness to promptly and properly discharge official duties because of a serious mental or physical defect that did not exist at the time of the officer’s election. The term is used in a sense that the Town official has exceeded his or her authority by defying or overruling lawful actions done by the Town Council. (b) “Official misconduct” means intentional unlawful behavior relating to official duties Ordinance 2009-12 Town Council 151 of 167 Meeting Date: August 3, 2009 by a Town Official entrusted with the administration of justice or the execution of the law. The term includes an intentional or corrupt failure, refusal, or neglect of a Town Official to perform a duty imposed on the officer by law. (c) “Malfeasance” means the doing of an act by a Town Official through ignorance, inattention, or malice, which act the official had no legal right or authority to do, or which act exceeds or abuses the official’s rightful authority or powers; or the failure to do an act which the Town Official had a legal duty to do. 05-09-09-1, (Amended Section 6.01 and creating 6.01A), Ord. 2009-12- Prop 14 Editor’s Note: Ref 6.01 and 6.01A. The 2009 election ballot language did not allow for the integration of two propositions into one section. For clarification, each proposition is shown under Section 6.01 and 6.01A. SECTION 3. ENGROSSMENT, ENROLLMENT, AND CERTIFICATION The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as specified by the Home Rule Charter and Chapter 9 of the Texas Local Government Code. Further, a copy of this Ordinance shall be certified by the Town Secretary and the Mayor and shall be forwarded to the Secretary of State for filing as required by Section 11.12 of the Home Rule Charter of the Town of Trophy Club and Chapter 9 of the Texas Local Government Code. SECTION 4. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 3rd day of August, 2009. Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Ordinance 2009-12 Town Council 152 of 167 Meeting Date: August 3, 2009 Ordinance 2009-12 Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Town Attorney Town of Trophy Club, Texas Town Council 153 of 167 Meeting Date: August 3, 2009 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2009-____(Example 2) AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REORDERING NUMBERS AND LETTERS IN THE CHARTER AS A RESULT OF CHARTER AMENDMENTS ADOPTED AT THE MAY, 2009 ELECTION; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR ENGROSSMENT, ENROLLMENT, AND CERTIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, at a Special Election held within the Town of Trophy Club, Texas, on the 9th day of May, 2009, more than a majority of the duly qualified resident electors of the Town of Trophy Club, voting in the Special Election, voted in favor of the approval and adoption of a various amendments to the Home Rule Charter for the Town of Trophy Club, Texas; and WHEREAS, on the 18th day of May, 2009, the Town Council of the Town of Trophy Club adopted an Ordinance canvassing the returns of the Special Election and declaring that the Charter had been so amended in accordance with the official results of the Special Election and the Order of the Special Election, and thereby approved and adopted amendments to the Home-Rule Charter of the Town of Trophy Club; and WHEREAS, section 11.12 of the Town’s Home Rule Charter authorizes the Town Council to enact an ordinance to renumber and rearrange all articles, sections and paragraphs of the Charter and amendments to the Charter as determined appropriate by Council provided that there is no change to the meaning or effect of any part of the Charter; and WHEREAS, it deemed to serve the best interests of the Town of Trophy Club and its residents that the Town Council adopt this Ordinance reordering numbers and letters within the Charter to accommodate the newly adopted amendments to the Charter, and Council has determined that such reordering does not change the meaning of the Charter amendments or effect of any part thereof. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated into the body of this Ordinance and made a part hereof for all purposes. Town Council 154 of 167 Meeting Date: August 3, 2009 SECTION 2. ADOPTION OF AMENDMENTS The following Sections of the Charter are reordered to reflect new number and/or letter designations as follows: 2.01 Section 3.06 shall be renumbered and reordered so that Article III of the Charter entitled “The Council” includes Section 3.06 and Section 3.06A which shall be and read in their entirety as follows: 3.06 Mayor The Mayor shall preside over the meetings of the Council, and perform such other duties consistent with the office as may be imposed upon him by this Charter and by ordinances and resolutions passed in pursuance thereof. He may participate in the discussion of all matters coming before the Council and in case of a tie vote, he shall have a casting vote he shall have a vote on all matters before the Council. He shall sign after authorization by the Council, all contracts, conveyances made or entered into by the Town, all bonds, warrants and any other obligations issued under the provisions of this Charter, in the manner prescribed in the ordinance authorizing the signing of any such obligation. He shall be recognized as the official head of the Town by the courts for the purpose of serving civil process, by the Governor for the purpose of enforcing military law and for all ceremonial purposes. 05-09-09-1, (Amended Section 3.06), Ord. 2009-7/12- Prop #9 Editor’s Note: Ref 3.06 and 3.06A. The 2009 election ballot language did not allow for the integration of two propositions into one section. For clarification, each proposition is shown with adopted verbiage in bold and strike through language. 3.06 A Mayor The Mayor shall preside over the meetings of the Council, and perform such other duties consistent with the office as may be imposed upon him by this Charter and by ordinances and resolutions passed in pursuance thereof. He may participate in the discussion of all matters coming before the Council and in case of a tie vote, he shall have a casting vote. He shall sign, after authorization by the Council, all contracts, conveyances made or entered into by the Town, all bonds, warrants and any other obligations issued under the provisions of this Charter, in the manner prescribed in the ordinance authorizing the signing of any such obligation. He shall present an annual state of the Town message, which shall include setting out needs and goals for the Town. He shall be recognized as the official head of the Town by the courts for the purpose of serving civil process, by the Governor for the purpose of enforcing military law and for all ceremonial purposes. 05-09-09-1, (Amended Section 3.06), Ord. 2009-7/12- Prop #9 Editor’s Note: Ref 3.06 and 3.06A. The 2009 election ballot language did not allow for the integration of two propositions into one section. For clarification, each proposition is shown with adopted verbiage in bold and strike through language. Town Council 155 of 167 Meeting Date: August 3, 2009 2.02 Section 5.01 shall be renumbered and reordered so that Article V of the Charter entitled “Nominations and Elections” includes a new Subsection (h) as adopted at the May 9, 2009 election pursuant to Proposition No. 13 which in part amended Section 5.01(e) of the Charter. The newly added Section 5.01(h) shall be and read in its entirety as follows: (h) Except as specifically provided in this section, in the case of a tie vote as between two (2) or more candidates, a special election shall be called by the Council in accordance with the Texas Election Code. Council. The Council shall order a special election not less than thirty (30) days nor more than forty (40) days after the regular election to resolve the tie vote as between such candidates. If the tie does not prevent the filling of the vacancies then the special election shall not be required. Renumbered (e) to (h) 07-20-09___ Ord. ______Amended 05-09-09-1, Ord. 2009-7/12- Prop #13 Editor’s Note: Ref 5.01 (e) and 5.01(h). The 2009 election ballot language did not allow for the integration of two propositions into one section. For clarification, each proposition is shown with adopted verbiage in bold and strike through language. 2.03 Section 6.01 shall be renumbered and reordered so that Article VI of the Charter entitled “Recall” includes Section 6.01 and Section 6.01A, (a),(b), and (c) which shall be and read in their entirety as follows: 6.01 Scope of Recall Any elected Town official, whether elected to office by the qualified voters of the Town or appointed by the council to fill a vacancy, shall be subject to recall and removal from office by the qualified voters of the Town on grounds of incompetency, misconduct, malfeasance in office or who knowingly or intentionally violates any provision of the Charter. Amended 05-09-09-1, Ord. 2009-7/12-Prop #4 Editor’s Note: Ref 6.01 and 6.01 A. The 2009 election ballot language did not allow for the integration of two propositions into one section. For clarification, each proposition is shown with adopted verbiage in bold and strike through language. 6.01A Scope of Recall Any elected Town official, whether elected to office by the qualified voters of the Town or appointed by the Council to fill a vacancy, shall be subject to recall and removal from office by the qualified voters of the Town on any one or more of the following grounds: incompetency, misconduct, malfeasance in office or who knowingly or intentionally violates any provision of the Charter. In this section: (a) “Incompetency” means (a) gross ignorance of official duties; or (b) gross carelessness in the discharge of official duties; or (c) inability or unfitness to promptly and properly discharge official duties because of a serious mental or physical defect that did not exist at the time of the officer’s election. The Town Council 156 of 167 Meeting Date: August 3, 2009 term is used in a sense that the Town official has exceeded his or her authority by defying or overruling lawful actions done by the Town Council. (b) “Official misconduct” means intentional unlawful behavior relating to official duties by a Town Official entrusted with the administration of justice or the execution of the law. The term includes an intentional or corrupt failure, refusal, or neglect of a Town Official to perform a duty imposed on the officer by law. (c) “Malfeasance” means the doing of an act by a Town Official through ignorance, inattention, or malice, which act the official had no legal right or authority to do, or which act exceeds or abuses the official’s rightful authority or powers; or the failure to do an act which the Town Official had a legal duty to do. Renumbered (a), (b), and (c) 07-20-09___ Ord. ______Amended 05-09-09-1, Ord.2009-7/12-Prop #14 Editor’s Note: Ref 6.01 and 6.01 A. The 2009 election ballot language did not allow for the integration of two propositions into one section. For clarification, each proposition is shown with adopted verbiage in bold and strike through language. SECTION 3. ENGROSSMENT, ENROLLMENT, AND CERTIFICATION The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as specified by the Home Rule Charter and Chapter 9 of the Texas Local Government Code. Further, a copy of this Ordinance shall be certified by the Town Secretary and the Mayor and shall be forwarded to the Secretary of State for filing as required by Section 11.12 of the Home Rule Charter of the Town of Trophy Club and Chapter 9 of the Texas Local Government Code. SECTION 4. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 3rd day of August, 2009. Mayor Town of Trophy Club, Texas Town Council 157 of 167 Meeting Date: August 3, 2009 [SEAL] ATTEST: Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Town Attorney Town of Trophy Club, Texas Town Council 158 of 167 Meeting Date: August 3, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-276-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/28/2009 Town Council On agenda:Final action: Title:Council to draw for place assignment; discussion of same. Attachments: Action ByDate Action ResultVer. Town Council 159 of 167 Meeting Date: August 3, 2009 109-276-T Version:File #: Title Council to draw for place assignment; discussion of same. Body Based on the Charter Amendments Election, Proposition #4 Council needs to draw for place assignment. Council members Rose and Wilson will draw for Places 1 and 2. Places 1 and 2 will be up for re-election in 2011 and thereafter the Mayor and Places 1 and 2 will be elected to three year terms. Council member Edstrom, Sterling and Strother will draw for Places 3, 4 and 5. Places 3, 4 will be up for re-election in 2010 for a two year term. Place 5 will be up for re-election in 2010 for a three year term. Thereafter, Places 3, 4 and 5 will be elected to three year terms. Election Schedule for the next ten years. 2010 - P3, P4, P5 2011 - M, P1, P2 2012 - P3, P4 2013 - P5 2014 - M, P1, P2 2015 - P3, P4 2016 - P5 2017 - M, P1, P2 2018 - P3, P4 2019 - P5 Town Council 160 of 167 Meeting Date: August 3, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-241-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/10/2009 Town Council On agenda:Final action:7/20/2009 Title:Items for Future Agendas. Attachments:Items for Future Agendas Action ByDate Action ResultVer. Town Council 161 of 167 Meeting Date: August 3, 2009 109-241-T Version:File #: Title Items for Future Agendas. Town Council 162 of 167 Meeting Date: August 3, 2009 1. Town Manager Emmons to report on the sound barrier issues on the east side and conversations with TXDOT, and discussion of same. (Wilson) 2. Establish and implement a process for Hotel inspections. (Edstrom added on 1/21/08) 3. Discuss and consider options to approve the upkeep of rental property, with or without creating a Building Standard Commission. (Edstrom – 4/21/08) 4. Discuss and receive an update on the Comprehensive Land Plan. (Edstrom – 10/20/08) 5. Discuss and take appropriate action regarding a Library Focus Group or other plan for exploring options and compiling data for a future library. (Wilson) 6. Discuss and take appropriate action regarding culvert issues on Skyline Park. (Wilson added on 4/6/09) 7. Discuss and take appropriate action regarding an update/celebration for the opening of the new Bryon Nelson High School. (Edstrom added April 20, 2009) 8. Item to receive a report to alleviate the congestion of games/practices on the baseball and the parking issues. (Wilson added May 6, 2009) 9. Discuss and take appropriate action regarding Code of Ethics (Mayor White – 6/1/2009) 10. Discuss and take appropriate action regarding Charter Amendment Proposition 19 – Budget (Rose - 6/1/2009) 11. Discuss and take appropriate action regarding Board/Commission Handbook Amendments – (Rose - 6/1/2009) 12. Discuss and take appropriate action regarding Open Record Requests (Mayor White – 6/1/2009) 13. Discuss and take appropriate action regarding a survey sponsorship. (Wilson – 6/1/2009) Town Council 163 of 167 Meeting Date: August 3, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-266-T Name: Status:Type:Agenda Item Executive Session File created:In control:7/27/2009 Town Council On agenda:Final action:8/3/2009 Title:Pursuant to Texas Government Code Annotated, Chapter 551, Section 551.074(a)(1) "Personnel Matters", the Council will enter into executive session to deliberate the appointment of a public officer, Mayor Pro Tem. Attachments: Action ByDate Action ResultVer. Town Council 164 of 167 Meeting Date: August 3, 2009 109-266-T Version:File #: Title Pursuant to Texas Government Code Annotated, Chapter 551, Section 551.074(a)(1) "Personnel Matters", the Council will enter into executive session to deliberate the appointment of a public officer, Mayor Pro Tem. Town Council 165 of 167 Meeting Date: August 3, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-265-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/27/2009 Town Council On agenda:Final action:8/3/2009 Title:Consider and take appropriate action regarding the appointment of Mayor Pro Tem. Attachments: Action ByDate Action ResultVer. Town Council 166 of 167 Meeting Date: August 3, 2009 109-265-T Version:File #: Title Consider and take appropriate action regarding the appointment of Mayor Pro Tem. Town Council 167 of 167 Meeting Date: August 3, 2009