Agenda Packet TC 06/01/2009Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, June 1, 2009
7:00 P.M.
A.1 Call to order and announce a quorum.
A.2 Invocation.
A.3 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God,
one and indivisible."
A.4 Oath of Office for Council member Wilson to be administered by Municipal Court
Judge, Mark Chambers and Presentation of Certificate of Election from the
Mayor.
A.5 Presentation by Chief Deputy Lee Howell of Denton County Sheriff’s Office
regarding the Shared Governance Communications System Proposal, and
discussion of same.
A.6 Citizen Presentations: this is an opportunity for citizens to address the Council on
any matter whether or not it is posted on the agenda. The Council is not
permitted to take action on or discuss any presentations made to the Council at
this time concerning an item not listed on the agenda. The Council will hear
presentations on specific agenda items prior to the Council addressing those
items. You may speak up to three (3) minutes or the time limit determined by the
Mayor or presiding officer. To speak during this item you must complete the
Speaker's form that includes the topic(s) of your statement. Topics of
presentation should be limited to matters over which the Council has authority.
B.1 Consent Agenda: Discuss and take appropriate action to approve financials and
variance report dated:
a. April 2009
B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated
May 18, 2009.
C.1 Discuss, provide direction, and take appropriate action regarding the
amendments to the Town's Home Rule Charter put into effect at the May 18,
2009 Council meeting, including impact to our current system of government and
necessary future action.
1
C.2 Discuss and take appropriate action regarding an Ordinance amending the Town
of Trophy Club Code of Ordinances, Chapter 11 - Public Works, Article VI -
Stormwater Runoff, Section 6.05 - Runoff From Construction Activity, to add
additional controls over erosion and off-site tracking by vehicles from
construction sites, and controls for airborne pollutants.
C.3 Update from staff regarding the implementation of an Administrative Policy that
requires the payment of a deposit prior to the commencement of plan review by
Staff for building permit applications, and discussion of same.
C.4 Discuss and take appropriate action regarding a real estate contract between the
Town and NISD for the Town's purchase of land for an elevated water storage
site and providing for the Town's relinquishment of its interest in a 5,625 square
foot tract of land located on the Medlin Middle School site and designated as a
future elevated water storage site.
C.5 Discuss and take appropriate action regarding the date for the second regular
Town Council meeting in June.
C.6 Discuss and take appropriate action regarding a Resolution of the Town Council
of the Town of Trophy Club, Texas, nominating one (1) member to the Board of
Managers of the DENCO Area 9-1-1 District.
C.7 Discuss and take appropriate action to set a date for the first Town budget
workshop.
C.8 Receive a progress report on the Highlands of Trophy Club Public Improvement
District #1, discussion and appropriate action regarding same.
C.9 Items for Future Agenda.
D.1 Council to convene into executive session pursuant to Texas Government Code,
Annotated, Section 551.071 (1) and (2) "Consultation With Attorney," in order to
seek the advice of its attorney as follows:
A. Legal advice relative to Cause No. 2009-40021-362, Trophy Club Municipal Utility
District No. 2 v. Town of Trophy Club, pending in the 362nd District Court of
Denton County, Texas, including the Intervention into the lawsuit by MUD1,
pending Declaratory Judgment suits filed by MUD1 and MUD2, pending appeals,
and potential settlement of same.
D.2 Discuss and take appropriate action relative to Executive Session Item Number
D1.
E.1 Adjourn.
2
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-1-2009
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
3
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-1-2009
Subject: Agenda Item No.A.2
Invocation.
4
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-1-2009
Subject: Agenda Item No.A.3
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state
under God, one and indivisible."
5
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-1-2009
Subject: Agenda Item No.A.4
Oath of Office for Council member Wilson to be administered by Municipal
Court Judge, Mark Chambers and Presentation of Certificate of Election
from the Mayor.
EXPLANATION:
Honorable Judge, Mark Chamber will administer the Oaths of Office to Council Elect
Moss and Wilson.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
6
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-1-2009
Subject: Agenda Item No.A.5
Presentation by Chief Deputy Lee Howell of Denton County Sheriff’s Office
regarding the Shared Governance Communications System Proposal, and
discussion of same.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Shared Governance Communications System Proposal
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-1-2009
Subject: Agenda Item No.A.6
Citizen Presentations: this is an opportunity for citizens to address the
Council on any matter whether or not it is posted on the agenda. The
Council is not permitted to take action on or discuss any presentations
made to the Council at this time concerning an item not listed on the
agenda. The Council will hear presentations on specific agenda items prior
to the Council addressing those items. You may speak up to three (3)
minutes or the time limit determined by the Mayor or presiding officer. To
speak during this item you must complete the Speaker's form that includes
the topic(s) of your statement. Topics of presentation should be limited to
matters over which the Council has authority.
23
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-1-2009
Subject: Agenda Item No.B.1
Consent Agenda: Discuss and take appropriate action to approve
financials and variance report dated:
a. April 2009
EXPLANATION:
The April, 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:
Staff recommends approval of the April Financial and Variance Report.
RECOMMENDATION:
Staff recommends approval.
ACTION BY COUNCIL:
Attachments: 1. General Fund April 2009
2. Trophy Club Park Fund April 2009
24
25
26
27
28
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-1-2009
Subject: Agenda Item No.B.2
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated May 18, 2009.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmh)
Attachments: 1. Minutes dated May 18, 2009
29
MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, May 18, 2009
6:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on
Monday, May 18, 2009. The meeting was held within the boundaries of the Town and
was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Connie White Mayor Elect
Philip Sterling Mayor Pro Tem
Susan Edstrom Council Member
Glenn Strother Council Member
Bill Rose Council Member Elect
TOWN COUNCIL MEMBERS ABSENT:
Kathleen Wilson Council Member
Jim Moss 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
Danny Thomas Fire Chief
Scott Kniffen Police Chief
Adam Adams Parks Director
A.1 Mayor Sanders called to order and announced a quorum at 6:01 P.M.
Mayor Sanders announced that Council members Moss and Wilson would be absent.
Council convened into Executive Session at 6:03 P.M.
30
EXECUTIVE SESSION (6:00 – 7:00 P.M.)
A.2 Council to convene into executive session pursuant to Texas Government
Code, Annotated, Section 551.071 (1) and (2) "Consultation With Attorney,"
in order to seek the advice of its attorney as follows:
A. Legal advice relative to Cause No. 2009-40021-362, Trophy Club
Municipal Utility District No. 2 v. Town of Trophy Club, pending in the
362nd District Court of Denton County, Texas, including the Intervention
into the lawsuit by MUD1, pending Declaratory Judgment suits filed by
MUD1 and MUD2, pending appeals, and potential settlement of same.
*REGULAR SESSION
Executive Session ended at 6:50 P.M.
Council reconvened into Regular Session at 7:00 P.M.
A.3 Discuss and take appropriate action relative to Executive Session Item
Number A.2.
Town Attorney Adams stated the Town has been presented with two drafts of a ten
page settlement agreement that contains numerous points in addition to the two simple
points identified in the press release: “Cancel all legal actions currently in process” and
“Town to advise our legislators to oppose any new legislative changes affecting
TCMUD1.” When the Town opposes or supports legislation it does so by taking action
as a body via a resolution. The Town cannot contract away its legislative authority and
cannot bind a future Council to an action by this Council.
The Council discussed options for the attorneys to prepare a simplified version of the
settlement agreement consistent in the form of a Rule 11 agreement. Town Attorney
Adams explained that when a lawsuit is dismissed, the court may enter a judgment
against the plaintiff with or without prejudice. When a lawsuit is dismissed without
prejudice, it signifies that none of the rights or privileges of the individual involved are
considered to be lost or waived. The same holds true when an admission is made or
when a motion is denied without prejudice.
The inclusion of the term without prejudice in a judgment of dismissal ordinarily
indicates the absence of a decision on the merits and leaves the parties free to litigate
the matter in a subsequent action, as though the dismissed action had not been started.
Therefore, a dismissal without prejudice makes it unnecessary for the court in which the
subsequent action is brought to determine whether that action is based on the same
cause as the original action, or whether the identical parties are involved in the two
actions.
31
Motion made by Edstrom, seconded by Sterling directing the attorneys to prepare a
simplified version of the settlement agreement proposed by the MUDs in the form of a
Rule 11 agreement with the following agreements:
1. MUDs to dismiss lawsuit in 362nd Second Court of Appeals with prejudice
2. MUDs to dismiss appeal in Second Court of Appeals
3. Town to dismiss its appeal in Second Court of Appeals
4. Each party to pay their own attorneys fees and costs
The Council discussed that the Settlement should not mention the requirement that the
Town take action to oppose legislation because the Council cannot contract away their
legislative authority and can't bind future Councils and agreed that this should not be
included in the motion.
Motion passed unanimously without further discussion.
B.1 Mayor Pro Tem Sterling offered the invocation.
B.2 Council member Edstrom led the Pledges.
Motion made by Sterling, seconded by Strother to approve the Consent Agenda, Items
C.1 - C.3.
Motion passed unanimously without any discussion.
C.1 Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, April 6, 2009.
C.2 Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, April 20, 2009.
C.3 Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, May 6, 2009.
End of Consent
PUBLIC HEARING
Public Hearing opened at 7:15 P.M.
D.1 Public Hearing for a proposed Zoning Change from "R-15" Single Family
Residential to "R-12" Single Family Residential for an approximate 2.300
acres located where Ridge View Lane dead ends into vacant land just north
of the intersection of Skyline Drive and Ridge View Lane, Requested by
32
Jacobs Engineering Group, Inc., on behalf of BDMR Development, LLC
(ZCA-09-015)
Kyle Salzman attended on behalf of Jacobs.
The following residents addressed Council relative to preserving the Parkland in the
area being rezoned.
Kathy Trotter, 310 Skyline – Submitted a letter read by Mayor Pro Tem Sterling
JD Stotts, 1 Narrow Creek Court
Larry Lentzner, 303 Ridge View
D.2 Public Hearing regarding proposed changes to the Town of Trophy Club
Code of Ordinances, Comprehensive Zoning Ordinance, Supplementary
District Regulations, Section 5.03 "Accessory Structures and Uses"
including without limitation, amending and adopting new regulations
affecting accessory structures, and affecting locations of flagpoles. (ADM-
09-002)
No speakers addressed the Council.
Public Hearing closed at 7:27 P.M.
Town Council reconvened into Regular Session.
*REGULAR SESSION
E.1 Discuss and take appropriate action regarding an Ordinance amending
Ordinance No. 2000-06 P&Z, the same being the Comprehensive Zoning
Ordinance of the Town, to change the zoning from "R-15" Single Family
Residential to "R-12" Single Family Residential for an approximate 2.300
acres located where Ridge View Lane dead ends into vacant land just north
of the intersection of Skyline Drive and Ridge View Lane and amending the
Official Town Zoning Map to reflect the zoning change to R-12 Single
Family Residential. (Requested by Jacobs Engineering Group, Inc., on
behalf of BDMR Development, LLC -- ZCA-09-015)
Planning and Zoning Chairman, Gene Hill stated on May 7, 2009 the Planning and
Zoning Commission conducted a Public Hearing and discussion of this item. No
residents were in attendance at the Public Hearing.
Following discussion of the topic among the Commissioners, a motion was made and
seconded recommending approval of the zoning change request from R-15 Single
Family Residential to R-12 Single Family Residential. The motion passed by unanimous
vote of the 5 commissioners present: Chairman Hill, Commissioners Ashby, Forest,
Reed, Sheridan, (two members had excused absences).
33
Town Manager Emmons clarified that this is a rezoning issue and the parkland
discussion will come at a later date. Staff will take the citizens’ and Park Board’s request
into consideration at that time, as this is not the appropriate time to discuss.
Motion made by Edstrom, seconded by Strother to approve an Ordinance amending
Ordinance No. 2000-06 P&Z, the same being the Comprehensive Zoning Ordinance of
the Town, to change the zoning from "R-15" Single Family Residential to "R-12" Single
Family Residential for an approximate 2.300 acres located where Ridge View Lane
dead ends into vacant land just north of the intersection of Skyline Drive and Ridge
View Lane and amending the Official Town Zoning Map to reflect the zoning change to
R-12 Single Family Residential.
Council member Strother asked when Staff expects the existing road to the lift station
be moved and clarified that under this Ordinance, the trees on Lot 56 would need to be
cut down.
Mayor Sanders said that this area would be good as a pocket park with more usable
space and noted the parking issues.
J.D. Stotts clarified that the trails are very close in relation to this area. Stotts feels that
the parking would be improved if the Town had this property.
Motion passed unanimously without further discussion.
E.2 Discuss and take appropriate action regarding an Ordinance amending
Subsection A(1)(b)(vi), Subsection A(1)(c) and Subsection D of Section 5.03
"Accessory Structures and Uses" of Article V "Supplementary District
Regulations", of Chapter 13 "Zoning" of the Code of Ordinances of the
Town , including without limitation, amending and adopting new
regulations affecting accessory structures, and affecting locations of
flagpoles. (ADM-09-002)
Town Manager Emmons said there are a few instances of non-conforming accessory
structures.
Planning and Zoning Chairman, Gene Hill stated on May 7, 2009 the Planning and
Zoning Commission conducted a Public Hearing and discussion of this item. No
residents were in attendance at the Public Hearing.
Following discussion of the topic among the Commissioners, Commissioner Ashby
made a motion recommending approval of the Staff request. Commissioner Sheridan
asked to amend the motion contingent upon adding a statement referencing the
section(s) of the ordinance that indicates types of flags that can be flown. Commissioner
Ashby accepted the amendment and Commissioner Sheridan seconded the motion.
34
The motion passed by unanimous vote of the 5 commissioners present: Chairman Hill,
Commissioners Ashby, Forest, Reed, Sheridan, (two members had excused absences).
Motion made by Sterling, seconded by Strother to approve an Ordinance amending
Subsection A(1)(b)(vi), Subsection A(1)(c) and Subsection D of Section 5.03 "Accessory
Structures and Uses" of Article V "Supplementary District Regulations", of Chapter 13
"Zoning" of the Code of Ordinances of the Town , including without limitation, amending
and adopting new regulations affecting accessory structures, and affecting locations of
flagpoles.
Motion passed unanimously without further discussion.
E.3 Discuss and take appropriate action regarding an ordinance canvassing
the returns and declaring the results of the Joint General and Joint Special
Election held on May 9, 2009.
A. Discuss and take appropriate action regarding an Ordinance putting the
Home Rule Charter Amendments from the May 9th 2009 Joint General and
Joint Special Election into effect.
Motion made by Edstrom, seconded by Strother to approve an Ordinance canvassing
the returns and declaring the results of the Joint General and Joint Special Election held
on May 9, 2009 and an Ordinance putting the Home Rule Charter Amendments from
the May 9th 2009 Joint General and Joint Special Election into effect.
Motion passed unanimously without any discussion.
E.4 Outgoing remarks made by Mayor Sanders.
Town Manager Emmons honored Mayor Sanders with a gift on behalf of the residents
and staff.
Council member Edstrom honored Mayor Sanders with a list of the Council’s
accomplishments over the last four years. Council member Edstrom thanked Council
member Jim Moss for his dedication and service.
Mayor Pro Tem Sterling echoed Council member Edstrom’s words and thanked Mayor
Sanders for his excellent ambassadorship for the Town.
Council member Strother said that it has been a distinct honor to serve with Mayor
Sanders. Strother hopes that Mayor Elect White will continue to be as involved as
Mayor Sanders has in all of the external organizations.
Greg Lamont, 15 Avalon Drive – Thanked Mayor Sanders for his excellent leadership
representing the Town.
35
E.5 Oath of Office to be administered by Municipal Court Judge, Mark
Chambers and Presentation of Certificate of Election from the Mayor to
Incoming Council Members.
Municipal Court Judge, Mark Chambers administered the Oaths of Office and Mayor
Sanders presented the Certificate of Election to Mayor Elect White and Council member
Elect Rose.
Mayor White and Council member Rose took their seats at the dais.
E.6 Citizen Presentations:
Jim Budarf, 547 Indian Creek Drive – Commented that the past Election was tough and
mean spirited. Mr. Budarf said that all Elected Officials have the responsibility to speak
only the truth and that the voters deserve more credit than what was given to them in
this election. Budarf suggested that all rise above the ashes and clean up their act.
E.7 Opening remarks made by Mayor White and Town Council member Rose.
E.8 Discuss and take appropriate action to approve an amendment to the Bank
resolution naming authorized representatives on First Financial Bank
accounts.
Town Manager Emmons explained that this Item removes Mayor Sanders from the
accounts.
Motion made by Edstrom, seconded by Strother to approve an amendment to the Bank
resolution naming authorized representatives on First Financial Bank accounts.
Mayor White asked if she will be added to the account and if not, why are we not
consistent with past practice.
Town Manager Emmons stated that the change to remove Elected Officials is to
improve financial controls and was a recommendation from Finance Director Kathy
DuBose.
Motion passed unanimously without further discussion.
E.9 Items for Future Agenda.
Mayor White added an item discussing of the Charter Amendments and the changes
that they will make to our current system to the June 1, 2009 meeting.
36
F.1 Adjourn.
Motion made by Edstrom, seconded by Sterling to adjourn. Meeting adjourned at 8.39
P.M.
____________________________ ___________________________
Lisa Hennek, Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
37
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-1-2009
Subject: Agenda Item No.C.1
Discuss, provide direction, and take appropriate action regarding the
amendments to the Town's Home Rule Charter put into effect at the May 18,
2009 Council meeting, including impact to our current system of
government and necessary future action.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(Mayor White)
Attachments: 1. Excerpt from Voter’s Information Sheet on Amendments Implemented
2. Section 2 - Adoption of Amendments from Ordinance 2009-12
38
The following is the information that was provided in the Voter Information Sheet
for the Charter Amendments that were approved at election and implemented by
the Town Council:
PROPOSITION NO. 4 – Three Year Council Term. If this amendment is approved by
the voters, commencing with the May, 2010 election, the Mayor and members of
Council will be elected for a term of office of three (3) years. In order to be elected to
office, each person running for office must receive a majority of the votes cast for
his/her seat. Because of the majority vote requirement for election, the members of
Council will be assigned a Place number. The Place number will not be based upon
any geographic boundaries so all residents of the Town will vote on all open seats. If
there is a tie vote or no candidate receives a majority of votes cast for a seat, then
runoff elections will be held for those candidates who tied or for the top two candidates
in the case where there was no majority. If this amendment is approved, vacancies on
Council may only be filled by election held within 120 days after the vacancy occurs.
Currently, the Charter provides for two (2) year terms for the Mayor and
Councilmembers and Council seats are not assigned a Place number. The Mayor and
Councilmembers are elected if they receive a plurality of the votes cast. Currently, if a
vacancy on Council occurs within 90 days of a regular election, the Council may appoint
a person to fill that vacant seat until that next regular election date, and the person
appointed will serve until the vacated seat is filled at that election. Under the current
two (2) year term, a member of Council may run for another public office and is not
required to resign his/her Council seat until he/she is elected to the other public office.
PROPOSITION NO. 5 – Resignation of Council Seat. If this amendment is approved
by the voters, any member of the Town Council will automatically resign that seat at the
time that he/she files an application declaring his/her candidacy for any other public
office.
Under the current Charter, a resignation due to candidacy for any other public office is
not addressed.
PROPOSITION NO. 6. – Forfeiture of Office. If this amendment is approved by the
voters, it adds to the existing reasons for forfeiture of office “violations of any express
prohibition of this Charter.”
Under the current Charter, a member of Council forfeits his/her position if he/she lacks
any Charter or state law qualification to hold office, is convicted of a felony crime or a
crime of moral turpitude; or fails to attend three consecutive regular meetings of the
Council without being excused.
PROPOSITION NO. 7 – Filling Vacancies on the Town Council. If this amendment is
approved by the voters, vacancies on the Town Council will be filled by a special
election. If that vacancy occurs in the position of Mayor Pro Tem, the Council would be
required to appoint a new Mayor Pro Tem at its next regular meeting.
39
Under the current Charter, if a vacancy on Council occurs, a special election must be
called and held on the next available election date. However, if the vacancy occurs
within 90 days of a regular election date, the Council is authorized to appoint a person
to fill that position until an election may be held on the next regular election date to fill
the vacated seat.
PROPOSITION NO. 9 – Mayor Voting. If this amendment is approved by the voters,
the Mayor will vote on all matters before the Town Council. This amendment defines a
quorum of the Council to be four (4) members and requires that every ordinance,
resolution or motion receive at least four (4) favorable votes for passage.
Under the current Charter, the Mayor votes only to break a tie. Three members of the
Council constitute a quorum and all ordinances, resolutions or motions are enacted if
they receive three (3) favorable votes.
PROPOSITION NO. 10 – Agenda Process. If this amendment is approved by the
voters, the placement of an item on a Council agenda will require the request of at least
(2) Councilmembers, the Mayor, or the Town Manager.
Under the current Charter, any item requested by one (1) member of Council, the
Mayor, or the Town Manager must be placed on a Council agenda.
PROPOSITION NO. 11 – Conflict of Interest and Effect of an Abstention from
Voting. If this amendment is approved by the voters, a member of Council with a
conflict of interest under state law or Town Ordinance must declare his/her conflict and
is prohibited from discussing the item or voting on the item. If a member of Council
chooses to abstain from voting on a matter for a reason other than the existence of a
conflict of interest, the abstaining vote will be counted as a vote against the item being
considered.
Currently the Charter does not address Conflict of Interest or the effect of an abstention
from voting.
PROPOSITION NO. 12 – Appointment Language Consistency. If this amendment is
approved by the voters, it would remove the phrase “by majority vote of the entire
Council qualified and serving” from the Charter provisions regulating the appointment of
Town Manager, Town Secretary, Judge, Court Clerk and Town Attorney.
The current Charter provisions require that the appointment of the Town Manager,
Town Secretary, Judge, Court Clerk and Town Attorney be made by the Council by
majority vote of the entire Council qualified and serving at the time.
PROPOSITION NO. 13 – Compliance with Texas Election Code. If this amendment
is approved by the voters, the Charter will be updated to concur with the requirements
of the Texas Election Code for the calling an election to resolve a tie vote, recall,
40
initiative and referendum. Signatures on a petition for the recall of a Councilmember
must meet all requirements of the Texas Election Code.
The current Charter refers to specific timing requirements for the calling of an election to
resolve a tie vote, an election on recall, initiative, or referendum. The current Charter
also specifies certain requirements that must be met by a person signing a recall
petition rather than imposing the state law requirements for signatures on a petition.
PROPOSITION NO. 14 – Define Grounds for Recall. If this amendment is approved
by the voters, three of the grounds for recall currently listed in the Charter would be
defined. Definitions will be added for “incompetency”, “official misconduct” and
“malfeasance”. The meaning of “incompetency”, “official misconduct” and “malfeasance
in office” has been defined by state law, but a definition was not included in the Charter.
The amendment will also require that a recall petition state the ground or grounds upon
which the petition is based.
Under the current Charter, a member of Council is subject to recall and removal from
office for (1) incompetency; (2) misconduct; (3) malfeasance in office; or (4) knowing or
intentional violations of any Charter provision.
PROPOSITION NO. 19 – Budget Process. If this amendment is approved by the
voters, changes will be made to Articles 3, 4, and 9 of the Charter to incorporate into the
Charter some requirements that are currently handled administratively in addition to
some new requirements. The amendment will require that the Mayor present an annual
message setting out needs and goals. The Powers of Council relative to the budget will
be to remain advised as to the financial condition and futures needs of the Town and to
develop long term goals for the Town and strategies to implement goals. The Powers
and Duties of the Town Manager relative to the budget will be to submit the annual
budget and capital program to the Town Council and to implement the final budget
approved by Council; to submit to the Council and public, by the end of December, a
complete report on the finances and administrative activities of the Town and to provide
cost of service delivery comparisons for a representative sample of North Texas towns;
to kept the Council fully advised as the financial condition and future needs of the Town;
to assist the Council in developing long term goals and strategies for the next fiscal
period and in developing long term goals for the Town and strategies to implement
those goals.
Currently, the Charter requires that the Budget include comparative figures for the
actual and anticipated tax rate, revenues, and other anticipated income and
expenditures compared to the prior three years actual amounts and the projected
amounts for the next three years. The Budget is to also to include goals and objectives
for each department and justification for increases or decreases. The Budget will also
include debt service schedules and the debt service requirement for outstanding
indebtedness. The Charter also requires that the expenditures may not exceed the
projected revenues and that there may be other information included as deemed
necessary by the Town Council.
41
PROPOSITION NO. 21 – Code of Ethics and Ethics Commission. If this amendment
is approved by the voters, the Town Council will adopt a code of ethics and conduct that
applies to elected officials, appointed board, commission and committee members and
employees of the Town. An Ethics Commission will be established and the Council will
be required to appropriate funds for the Commission.
Currently, the Charter does not contain a requirement for the adoption of a code of
ethics and conduct.
PROPOSITION NO. 22 – Charter Review Commission. If this amendment is
approved by the voters, the Town Council will be required to appoint a Charter Review
Commission at least every four (4) years, beginning in July, 2012. The Commission will
consist of 9 members and will have the following duties: (1) inquire into the operation of
the Town Government under the Charter, including the authority to hold public hearings;
(2) propose any recommendation it deems desirable to ensure compliance with the
Charter; (3) propose amendment so the Charter to improve its effective application to
current conditions; and (4) report its finding and present its proposed amendments to
the Town Council. This amendment will require that the Town Council to publish the
final report of the Charter Review Commission in the Town’s official newspaper. The
Commission will serve for a terms of 6 months unless that term is extended by the
Council.
Currently, this topic is not addressed in the Charter.
PROPOSITION NO. 23 – Term Limits for Council. If this amendment is approved by
the voters, beginning with the elections in May, 2010, there shall be a term limit
imposed on the Mayor and members of Council. This amendment provides that no
person shall serve as Mayor or Councilmember for successive elected terms that total
more than six (6) years.
Currently, the Charter does not have a provision limiting the number of terms or years
that a person may serve as Mayor or Councilmember.
PROPOSITION NO. 24 – Franchise Term. If this amendment is approved by the
voters, the Town may not grant a franchise for an indefinite term, but there is no limit to
the number of years for which a franchise may be granted. The amendment will remove
the twenty (20) year term limitation on franchises.
Currently, the Charter provides that a franchise cannot be granted for an indefinite term
but also provides that the Council may not grant a franchise for a term that is longer
than twenty (20) years.
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-1-2009
Subject: Agenda Item No.C.2
Discuss and take appropriate action regarding an Ordinance amending the
Town of Trophy Club Code of Ordinances, Chapter 11 - Public Works,
Article VI - Stormwater Runoff, Section 6.05 - Runoff From Construction
Activity, to add additional controls over erosion and off-site tracking by
vehicles from construction sites, and controls for airborne pollutants.
EXPLANATION: The Town of Trophy Club has new residential construction occurring
throughout the Town from Eagles Ridge in the northeast area of town to The Highlands
neighborhoods in the north/northwest area of town. In addition, residential remodels
and commercial construction occasionally occur throughout the town. Construction,
both new and remodels, creates dust, noise and disruptions to residents. In an effort to
reduce these nuisances, staff asks for additional controls on runoff, off-site tracking by
vehicles, and airborne pollutants as outlined below:
In Section A, staff asks for a change from “five” to “three” thousand square feet in area
for any construction or land disturbing activity. This change allows these regulations to
apply to all zoning districts in the Town of Trophy Club as the smallest lot allowed in the
town residential districts is three thousand (3,000) square feet.
In Section B, staff asks for additional control of “sediment” by adding descriptors such
as soil, rock, mud, etc. Staff also asks Council to give the Building Official authority to
enforce the control of off-site tracking by vehicles entering and exiting construction or
land disturbing sites, as well as authority to control airborne pollutants generated by
these sites.
Section 6.05 Runoff From Construction Activity
A. Applicability
This section applies to all construction and/or land disturbing activities that exceed five three
thousand square feet in area, either alone or as part of a larger development, in the Town of Trophy
Club, or its extraterritorial jurisdiction. The provisions of this section shall apply to all Persons filling,
grading, excavating or otherwise conducting land-disturbing activities or causing directly or ordering
land-disturbing activities to occur within the Town, whether they be contractors, subcontractors,
supervisors, inspectors, managers, agents, employees or otherwise. This section shall apply
regardless of whether a Person is required to obtain a permit from the Town in order to conduct
such land-disturbing or construction activity.
65
B. Responsibilities
All Persons shall be accountable for any erosion of their property or construction site, whether such
property is owned or otherwise under the direct or indirect control of such Person, when the result of
such activity is the accumulation of sediment, including soil, rock, mud, or debris which washes,
slides or otherwise is moved from the real property or construction site onto in dedicated
streets, alleys, any waterways, utility facilities, right-of-way, easements or onto other private
properties. Any accumulation or deposit of soil material beyond the limits of such premises or in
Town streets, alleys or drainage facilities or other private property in an amount sufficient to
constitute a threat to public safety and comfort as determined by the Designated Building Official,
shall constitute a violation of this Article. This includes off-site tracking by vehicles entering and
exiting the site, paints, solvents, cleaners, wind blown debris, or other materials associated
with construction activity at a site. In addition, airborne pollutants, including but not limited
to dirt, sand, and concrete/brick dust are to be kept under containment so as to not harm the
life, health, or welfare of other workers, residents, or animals. Utilization of wet saws or a
dust collection system is required on all brick/concrete cutting. Moisture content of worksite
shall be sufficient so as to not allow erosion by air.
All Persons shall be responsible for all cleanup operations incidental to or related to land-disturbing
activity under their direct or indirect ownership or control. Cleanup responsibilities shall include,
without limitation, the leveling, establishment of ground cover, erosion control and removal of all
trash or other materials not suitable for fill including those deposited on streets, alleys, utility
facilities, rights-of-way or easements or such other remedial action as determined appropriate by the
Designated Building Official in order to protect the public safety and welfare.
Every landowner of premises through which a watercourse passes, including such person’s lessee,
licensee, agent, or assign shall keep and maintain that part of the watercourse within the premises
free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or
significantly retard the flow of water through the watercourse. In addition, such landowner shall
maintain existing privately owned structures within or adjacent to a watercourse, so that such
structures will not become a hazard to the use, function, or physical integrity of the watercourse or
disrupt the natural flow of water through the watercourse.
C. Remedial Action Authorized
If a Person fails in any respect to fulfill the requirement of this Article, the Designated Building
Official may go upon the Person’s property and perform such work as may be necessary to fulfill
such requirements and may level, establish ground cover, construct erosion control, remove all soil,
rock, debris and other materials not suitable for fill including those deposited on streets, alleys, utility
facilities, rights-of-way or easements, at the Person’s expense and charge same against the
Person’s deposit. If a deposit has not been made with the Town, or if the cost incurred by the Town
exceeds the amount of the deposit, the Town may bill such person for the unpaid expenses and if
the person fails to pay the Town for such expenses within thirty days of being billed for same, the
Town shall have the right to place a lien on the Land property which shall be filed with the county
clerk for all amounts expended by the Town in excess of the deposit plus interest at the current
lawful rate.
RECOMMENDATION: Staff recommends approval.
(ck/ch)
66
Attachments: 1. Ordinance
67
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2009-XX
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES OF THE
TOWN, ENTITLED “PUBLIC WORKS”, ARTICLE VI, ENTITLED
“STORMWATER RUNOFF”, SECTION 6.05 ENTITLED “RUNOFF
FROM CONSTRUCTION ACTIVITY”, SUBSECTION A, B, and C TO
ADD ADDITIONAL CONTROLS OVER EROSION, AND OFF-SITE
TRACKING BY VEHICLES FROM CONSTRUCTION SITES, AND
CONTROLS FOR AIRBORNE POLLUTANTS; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF FIVE
HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES;
PROVIDING A SAVINGS CLAUSE; PROVIDING A CUMULATIVE
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town is a home rule municipality organized under the
Constitution and the laws of the State of Texas; and
WHEREAS, after due deliberations of the information and other materials
received at public meeting, the Town Council has concluded that the amendments of
this Ordinance are in the best interests of the Town of Trophy Club, Texas, and of the
public health, safety and general welfare; and
WHEREAS, after review by the Town staff, who are charged with maintaining
safety standards, Staff recommended that the Town’s Ordinance for Runoff from
Construction Activity be amended to allow additional erosion controls, to allow control of
off-site tracking by vehicles entering and exiting the site, and to allow control of airborne
pollutants; and
WHEREAS, having determined that changing the regulations of runoff from
construction activity in accordance with the provisions set forth below is an appropriate
and beneficial governmental function, Council hereby determines that the adoption of
this Ordinance serves the health, safety and welfare of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
68
SECTION 1.
INCORPORATION OF PREMISES
All of the above premises are found to be true and correct and are incorporated
into the body of this Ordinance as if copied in their entirety.
SECTION 2.
AMENDMENTS
2.01. Section 6.05, Entitled “Runoff from Construction Activity”, of Article VI, Entitled
“Stormwater Runoff” of Chapter 11, Entitled “Public Works”, of the Code of Ordinances
of the Town of Trophy Club, is hereby amended so that Subsections A, B, and C of
Section 6.05 shall be and read in their entirety as follows
Section 6.05 Runoff From Construction Activity
A. Applicability
This section applies to all construction and/or land disturbing activities that exceed five three
thousand square feet in area, either alone or as part of a larger development, in the Town of Trophy
Club, or its extraterritorial jurisdiction. The provisions of this section shall apply to all Persons filling,
grading, excavating or otherwise conducting land-disturbing activities or causing directly or ordering
land-disturbing activities to occur within the Town, whether they be contractors, subcontractors,
supervisors, inspectors, managers, agents, employees or otherwise. This section shall apply
regardless of whether a Person is required to obtain a permit from the Town in order to conduct
such land-disturbing or construction activity.
B. Responsibilities
All Persons shall be accountable for any erosion of their property or construction site, whether such
property is owned or otherwise under the direct or indirect control of such Person, when the result of
such activity is the accumulation of sediment, including soil, rock, mud, or debris which washes,
slides or otherwise is moved from the real property or construction site onto in dedicated
streets, alleys, any waterways, utility facilities, right-of-way, easements or onto other private
properties. Any accumulation or deposit of soil material beyond the limits of such premises or in
Town streets, alleys or drainage facilities or other private property in an amount sufficient to
constitute a threat to public safety and comfort as determined by the Designated Building Official,
shall constitute a violation of this Article. This includes off-site tracking by vehicles entering and
exiting the site, paints, solvents, cleaners, wind blown debris, or other materials associated
with construction activity at a site. In addition, airborne pollutants, including but not limited
to dirt, sand, and concrete/brick dust are to be kept under containment so as to not harm the
life, health, or welfare of other workers, residents, or animals. Utilization of wet saws or a
dust collection system is required on all brick/concrete cutting. Moisture content of worksite
shall be sufficient so as to not allow erosion by air.
All Persons shall be responsible for all cleanup operations incidental to or related to land-disturbing
activity under their direct or indirect ownership or control. Cleanup responsibilities shall include,
without limitation, the leveling, establishment of ground cover, erosion control and removal of all
trash or other materials not suitable for fill including those deposited on streets, alleys, utility
facilities, rights-of-way or easements or such other remedial action as determined appropriate by the
Designated Building Official in order to protect the public safety and welfare.
69
Every landowner of premises through which a watercourse passes, including such person’s lessee,
licensee, agent, or assign shall keep and maintain that part of the watercourse within the premises
free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or
significantly retard the flow of water through the watercourse. In addition, such landowner shall
maintain existing privately owned structures within or adjacent to a watercourse, so that such
structures will not become a hazard to the use, function, or physical integrity of the watercourse or
disrupt the natural flow of water through the watercourse.
C. Remedial Action Authorized
If a Person fails in any respect to fulfill the requirement of this Article, the Designated Building
Official may go upon the Person’s property and perform such work as may be necessary to fulfill
such requirements and may level, establish ground cover, construct erosion control, remove all soil,
rock, debris and other materials not suitable for fill including those deposited on streets, alleys, utility
facilities, rights-of-way or easements, at the Person’s expense and charge same against the
Person’s deposit. If a deposit has not been made with the Town, or if the cost incurred by the Town
exceeds the amount of the deposit, the Town may bill such person for the unpaid expenses and if
the person fails to pay the Town for such expenses within thirty days of being billed for same, the
Town shall have the right to place a lien on the Land property which shall be filed with the county
clerk for all amounts expended by the Town in excess of the deposit plus interest at the current
lawful rate.
SECTION 3.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred
Dollars ($500.00), and a separate offense shall be deemed committed each day during
or on which a violation occurs or continues.
SECTION 4.
SAVINGS
That all rights and remedies of the Town of Trophy Club are expressly saved to
any and all violations of the provisions of any Ordinance affecting accessory structures
which have accrued at the time of the effective date of this Ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether pending in
court or not, under such Ordinances, same shall not be affected by this Ordinance but
may be prosecuted until final disposition by the courts.
SECTION 5.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall not
repeal any of the provisions of such Ordinances except for those instances where there
are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in
70
force at the time this Ordinance shall take effect and that are inconsistent with this
Ordinance are hereby repealed to the extent that they are inconsistent with this
Ordinance. Provided however, that any complaint, action, claim or lawsuit which has
been initiated or has arisen under or pursuant to such Ordinance on the date of
adoption of this Ordinance shall continue to be governed by the provisions of that
Ordinance and for that purpose the Ordinance shall remain in full force and effect.
SECTION 6.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of this Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of
the Texas Local Government Code.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance as required by the Town Charter and state law.
SECTION 9.
EFFECTIVE DATE
That this Ordinance shall be in full force and effect from and after its date of
passage, in accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 1st day of June, 2009.
Mayor, Connie White
Town of Trophy Club, Texas
[SEAL]
71
ATTEST:
Lisa Hennek, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
72
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-1-2009
Subject: Agenda Item No.C.3
Update from staff regarding the implementation of an Administrative Policy
that requires the payment of a deposit prior to the commencement of plan
review by Staff for building permit applications, and discussion of same.
EXPLANATION: Staff is advising Council of the implementation of an administrative
policy that will require the payment of a deposit prior to the commencement of plan
review by Staff.
When a set of plans to construct a new building (residential or commercial), or a
commercial tenant finish out or remodel is submitted to the Permit Department, a “plan
review deposit” would be collected. The plan review deposit would be applied to the
total cost of the building permit, but otherwise would be non-refundable.
The current economic conditions have slowed housing starts and plans submitted for
review by builders are left at the Town offices for long periods of time (several months),
often not picked up by the builder until a buyer has signed a contract for the house. In
the meantime, Staff has spent time and effort reviewing the plans. Since payment is not
collected from the builder until plans are picked up after plan review and approval by
staff, compensation is not given for staff review if the builder leaves the plans
unclaimed. After plan review and approval, when the builder comes to pay for the
permit, the deposit will be applied to the amount due.
As currently allowed by ordinance, the builder must pick up plans within six months of
submittal or the plans become void and must be resubmitted. The deposit is non-
refundable and forfeited at the six month time period.
RECOMMENDATION: Staff asks for approval of the following deposits:
Houses from 1-5,999 square feet: $625.00 deposit
Houses from 6,000 square feet: $750.00 deposit
Commercial Projects: $1500.00 deposit
Commercial Tenant Finish Out and Remodels $500.00 deposit
Attachments: 1.Representative Samples of Building Permit Costs
2. Residential Building Permits
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-1-2009
Subject: Agenda Item No.C.4
Discuss and take appropriate action regarding a real estate contract
between the Town and NISD for the Town's purchase of land for an
elevated water storage site and providing for the Town's relinquishment of
its interest in a 5,625 square foot tract of land located on the Medlin Middle
School site and designated as a future elevated water storage site.
EXPLANATION:
On November 3, 2008, the Town Council authorized the purchase of 1.723 acres
located at the southwest corner of the Byron Nelson High property. The purchase price
for this tract of land was set at a not to exceed price of $113,000.
RECOMMENDATION:
Staff recommends approval of the real estate contract.
ACTION BY COUNCIL:
(bse)
Attachments: 1.Real Estate Contract
88
REAL ESTATE CONTRACT
THIS CONTRACT is entered into as of _______________, 2009 (the “effective
date”) by and between NORTHWEST INDEPENDENT SCHOOL DISTRICT, a Texas
independent school district (the "Seller"), and TOWN OF TROPHY CLUB, TEXAS, a
home rule municipal corporation (the "Purchaser).
WHEREAS, the Purchaser desires to purchase and the Seller desires to sell a
tract of land in fee simple described on Exhibit "A" attached hereto and made a part
hereof for all purposes, and commonly known as _____________, Trophy Club, Texas
(the "Property"); and
WHEREAS, Seller and Purchaser have entered into this Contract to provide for
the terms and condition of the sale and purchase of the Property.
NOW, THEREFORE, in consideration of the premises and for the further
consideration of the terms, provisions, and conditions hereinafter set forth, Seller and
Purchaser have agreed as follows:
1. Agreement to Convey
For the consideration and upon and subject to the terms, provisions, and
conditions hereinafter set forth, Seller has agreed and does hereby agree to sell, grant
and convey to the Purchaser the Property and Purchaser has agreed and does hereby
agree to purchase the Property from the Seller. The Property shall be conveyed to
Purchaser, together with all and singular the rights and appurtenances pertaining to
such Property, including, but not limited to, any right, title and interest of Seller in and to
easements, adjacent streets, alleys and rights-of-way and together with all
improvements, fixtures and buildings located, constructed, or placed thereon. All
references in this Contract to the term "Property" shall include all right, title and interest
of Seller to easements, streets, alleys, rights-of-way, improvements, fixtures, and
buildings as set forth above. The actual description of the Property will be based upon
a survey to be provided at the expense of Purchaser.
2. Consideration
The cash consideration ("Cash Consideration") to be paid for the Property shall
be ONE HUNDRED EIGHT THOUSAND FIVE HUNDRED and NO/100 DOLLARS
($108,500.00). As additional consideration in addition to the Cash Consideration, the
Purchaser shall also abandon, relinquish, transfer, and quitclaim to Seller (and vacate if
necessary) at closing any and all interest Purchaser has in that certain tract of land of
approximately 5,625 square feet, more fully described in the attached Exhibit “B” (the
“Medlin Site”), through Purchaser’s execution and delivery to Purchaser of an
abandonment of the Medlin Site in the form attached hereto as Exhibit “C” (the
“Abandonment”), a quitclaim deed in the form attached hereto as Exhibit “D” (the
89
“Quitclaim Deed”), and if necessary or reasonably requested by Seller to vacate,
abandon, relinquish, and transfer to Seller the Medlin Site. The actual description and
square footage of the Medlin Site shall be based upon a survey and/or legal description
prepared by Seller’s surveyors or engineers at the cost of Seller. The Medlin Site shall
include all and singular the Purchaser’s rights and appurtenances pertaining to the
Medlin Site, including, but not limited to, any right, title and interest of Seller in and to
privately owned easements, private adjacent streets, private alleys and private rights-of-
way and together with all private improvements, privately owned fixtures and privately
owned buildings located, constructed, or placed thereon. Nothing contained herein
shall be construed to mean that Purchaser is relinquishing any right, title, or interest to
public easements, streets, or rights-of-way or public fixtures. The Cash Consideration,
including closing costs, shall come from current municipal revenues legally available to
Purchaser.
3. Inspection of Property and Medlin Site
For a period of thirty (30) days following the effective date of this Contract (the
“Inspection Period”), Purchaser may inspect and survey the Property, and the title
thereof, and determine if all of the same is suitable for Purchaser’s intended use, and
Seller may inspect and survey the Medlin Site, and the title thereof, and determine if all
of the same is suitable for Seller’s intended use. In the event either one of the parties
notifies the other party that the notifying party disapproves or is dissatisfied with the
Property or the Medlin Site, as applicable, for any reason, then this Contract shall
terminate, in which event, neither party shall have any further obligation to the other
hereunder except as expressly provided herein. Seller grants to Purchaser the right to
enter upon the Property and conduct such tests as Purchaser deems necessary during
the Inspection Period. The Property shall be restored to its condition prior to the
Purchaser’s activities. Purchaser grants to Seller the right to enter upon the Medlin Site
and conduct such tests as Seller deems necessary during the Inspection Period. The
Medlin Site shall be restored to its condition prior to the Seller’s activities. Each party
that enters upon property or conducts tests upon property as described in the
foregoing (the “Testing Party”) shall, to the extent that each party being a
governmental entity is legally authorized, indemnify, defend, and hold harmless
the other party from all claims, actions, or causes of action which might occur by
virtue of the entry upon or testing of such property and provided further that in
the event the Testing Party does not return such property to its condition prior to
such activities, the Testing Party shall be responsible for all damages occasioned
to such property arising out of the entry upon or testing of such property. To the
extent allowed by law, the indemnity and covenant provided herein will survive
the Closing or termination of this Agreement. Purchaser shall be solely responsible
for all costs incurred in the inspection and survey of the Property and the title thereof,
including, without limitation, the cost of any title commitments, title policies, surveys, and
environmental tests. Seller shall be solely responsible for all costs incurred in the
inspection and survey of the Medlin Site and the title thereof, including, without
limitation, the cost of any title commitments, title policies, surveys, and environmental
tests.
90
4. Representations and Warranties
(a) Seller represents and warrants to Purchaser that, at Closing, the
consummation of the transactions contemplated herein will not violate or constitute a
default under any provision of any contract, agreement, regulation, court order,
judgment, decree, law or other document or instrument to which Seller is subject or
bound and will not violate any other restrictions or prohibition of any kind or character to
which Seller is subject.
(b) Seller represents and warrants to Purchaser that Seller is duly authorized
and empowered to enter into this Contract and to consummate the transactions
contemplated hereunder, and any person executing this Contract on behalf of Seller is
duly authorized and empowered to do so. The governing body of Seller has provided all
required consent and the person signing below on behalf of NISD has been authorized
to sign all documents necessary to effectuate the sale of the Property in accordance
with this Contract.
(c) Purchaser represents and warrants to Seller that, at Closing, the
consummation of the transactions contemplated herein will not violate or constitute a
default under any provision of any contract, agreement, regulation, court order,
judgment, decree, law or other document or instrument to which Purchaser is subject or
bound and will not violate any other restrictions or prohibition of any kind or character to
which Purchaser is subject.
(d) Purchaser represents and warrants to Seller that Purchaser is duly
authorized and empowered to enter into this Contract and to consummate the
transactions contemplated hereunder, and any person executing this Contract on behalf
of Purchaser is duly authorized and empowered to do so. The governing body of
Purchaser has provided all required consent and the person signing below on behalf of
Purchaser has been authorized to sign all documents necessary to effectuate the
purchase of the Property and to vacate, abandon, relinquish, and transfer to Seller at
closing any and all interest Purchaser has in the Medlin Site in accordance with this
Contract.
The representations and warranties set forth above shall be continuing and shall
be true and correct at Closing with the same force and effect as if made at that time,
and all such representations and warranties shall survive Closing.
5. Additional Acknowledgments, Covenants and Agreements
(a) Seller acknowledges, covenants and agrees with Purchaser as follows:
(i) Purchaser and its agents and representatives shall have full access
to the Property at all times prior to the Closing.
91
(ii) No new or additional improvements will be constructed, located or
placed on the Property.
(iii) During the pendency of this Contract, Seller shall not (without the
prior written consent of Purchaser) create, impose or agree to any mortgages, liens,
encumbrances, leases, tenancies, licenses, security interests, covenants, conditions,
restrictions, rights-of-way, easements, judgments or other matters affecting title to the
Property.
(iv) This Contract constitutes a full and final settlement for all
compensation due Seller for the Property.
(v) The covenants in this Section 5 shall survive Closing.
(b) Purchaser acknowledges, covenants, and agrees with Seller as follows:
(i) Seller and its agents and representatives shall have full access to
the Medlin Site at all times prior to the Closing.
(ii) No new or additional improvements will be constructed, located or
placed on the Medlin Site prior to Closing.
(iii) During the pendency of this Contract, Purchaser shall not (without
the prior written consent of Seller) create, impose or agree to any mortgages, liens,
encumbrances, leases, tenancies, licenses, security interests, covenants, conditions,
restrictions, rights-of-way, easements, judgments or other matters affecting title to the
Medlin Site.
(iv) This Contract constitutes a full and final settlement for all
compensation due Purchaser for the Medlin Site.
(v) The covenants in this Section 5 shall survive Closing.
6. The Closing
(a) `The closing of this Contract pertaining to the Property shall be
consummated at a closing (the "Closing") to be held at the office of the
__________________ (hereinafter “Title Company”) on or before thirty (30) days after
approval of this Contract by both parties’ governing bodies, or at such other time, date
and place that the parties may agree upon, but in no event prior to the expiration of the
Inspection Period unless otherwise agreed to by the parties in writing. This Contract is
contingent upon approval by the parties’ respective governing bodies. This Contract
may be terminated by either party in the event any party fails to obtain the approval of
this Contract by its governing body within ninety (90) days of the effective date of this
Contract, in which event, neither party shall have any further obligation to the other
hereunder except as expressly provided herein.
92
(b) At the Closing, Seller agrees to deliver to Purchaser:
(i) A Special Warranty Deed (“Special Warranty Deed”) substantially
the same as the form attached hereto as Exhibit "E" duly executed by Seller and
properly acknowledged; such Special Warranty Deed being subject only to (1) any and
all restrictions, covenants, conditions, rights of way, reservations, and easements, if
any, relating to the Property, but only to the extent they are still in effect, shown of
record in the county and state in which the Property is located, and (2) any and all
zoning laws, regulations, and ordinances of municipal, and/or other governmental
authorities, if any, but only to the extent they are still in effect, relating to the Property;
and
(ii) All releases or other documents or instruments (all in recordable
form) necessary to convey title to the Property as required by this Contract; and
(iii) Such other documents and instruments as may be necessary to
evidence the authority of Seller to convey title to the Property.
(c) At the Closing, Purchaser agrees to deliver to Seller:
(i) The Abandonment, substantially in the same form as that attached
hereto as Exhibit “C”, duly executed by Purchaser and properly acknowledged;
(ii) The Quitclaim Deed, substantially in the same form as that
attached hereto as Exhibit “D”, duly executed by Purchaser and properly acknowledged;
(iii) All releases, vacations, or other documents or instruments (all in
recordable form) necessary or reasonably requested by Seller to vacate, abandon,
relinquish, and transfer to Seller the Medlin Site as required by this Contract; and
(iv) Such other documents and instruments as may be necessary to
evidence the authority of Purchaser to vacate, abandon, relinquish, and transfer to
Seller the Medlin Site as required by this Contract.
7. Closing Costs and Proration
Costs of title insurance for the Property, escrow fees of the Title Company, costs
of recording any documents in connection with the Closing shall be paid by Purchaser.
Any costs of title insurance for the Medlin Site, costs of recording any documents
related to the Abandonment, quitclaim, transfer, and/or vacation of the Medlin Site shall
be paid by Seller. All other expenses incurred by Seller and Purchaser with respect to
the Closing, including, but not limited to, attorneys' fees incurred in connection with this
Contract, shall be borne and paid exclusively by the party incurring same.
8. Default
93
(a) Seller's Default. In the event Seller should fail to consummate this
Contract for any reason except Purchaser's default, Purchaser may, at its option, either
enforce specific performance of this Contract or terminate this Contract as its sole and
exclusive remedy hereunder. If Seller is unable to deliver title as required by this
Contract, Purchaser shall have the right to take the Property with whatever title Seller
can deliver. Nothing herein shall be construed to limit the Purchaser's right and power
of eminent domain. Purchaser’s remedy set forth in this Paragraph 8(a) is exclusive.
(b) Purchaser's Default. In the event Purchaser should fail to consummate
this Contract for any reason except Seller's default, Seller may, at its option and as its
sole and exclusive remedy, either enforce specific performance of this Contract or
terminate this Contract by giving written notice thereof to Purchaser. Seller's remedy
set forth in this Paragraph 8(b) is exclusive.
9. Right to Possession
Purchaser shall be entitled to possession at closing.
10. Nonwaiver
No waiver by either party or any provision hereof shall be deemed to have been
made unless expressed in writing and signed by the party against which enforcement is
sought. No delay or omission in the exercise of any right or remedy accruing to either
party upon any breach of this Contract by the other party shall impair such right or
remedy or be construed as a waiver of any such breach theretofore or thereafter
occurring. The waiver by either party of any breach of any term, covenant or condition
herein stated shall not be deemed to be a waiver of any other or subsequent breach of
the same or any other term, covenant or condition herein contained.
11. Miscellaneous Provisions
(a) This Contract (including the attachments hereto) embodies the complete
and entire agreement between the parties hereto relative to the Property and
supersedes all prior negotiations, agreements and understanding relating thereto and
may not be varied except by written agreement of such parties.
(b) This Contract shall be binding upon, and shall inure to the benefit of, the
parties hereto and their respective successors, heirs and assigns.
(c) This Contract shall be construed under and in accordance with the laws of
the State of Texas and is fully performable in Denton County, Texas.
(d) In case any one or more of the provisions contained in this Contract shall
for any reason be held invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision hereof, and this Contract
94
shall be construed as if such invalid, illegal or unenforceable provision had never been
contained herein.
(e) Any notice to be given or to be served upon any party hereto in connection
with this Contract must be in writing and may be given by Certified or Registered Mail
and shall be deemed to have been given and received when a Certified or Registered
letter containing such notice, properly addressed, with postage prepaid, is deposited in
the United States Mail, and if given otherwise than by Certified or Registered Mail, it
shall be deemed to have been given when delivered to and received by the party (or
such party's agents or representatives) to whom it is addressed. Such notice shall be
given to the parties hereto at the address set forth under their respective signatures
below. Any party hereto may, at any time by giving two (2) days' written notice to the
other parties hereto, designate any other address in substitution of the foregoing
address to which such notice shall be given.
(f) This Contract may be executed simultaneously in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
(g) The headings used throughout this Contract have been used for
administrative convenience only and do not constitute matter to be considered in
interpreting this Contract.
(h) Purchaser represents and warrants unto Seller that Purchaser has full
power and authority to enter into and consummate this Contract. Likewise, Seller
represents and warrants unto Purchaser that Seller has full power and authority to enter
into and consummate this Contract.
(i) The effective date of this Contract shall be the last date of signature of any
party set forth below.
(j) Seller and Purchaser each represent to the other that there have been no
brokers or real estate commissions incurred as a result of this transaction.
[the remainder of this page is intentionally left blank;
signatures and acknowledgments to follow]
95
IN WITNESS WHEREOF, the parties have executed this Contract as of the dates
shown below their respective signatures.
SELLER:
Northwest Independent School District
________________________________
Address:_________________________
________________________
________________________
Date: _________________________
ATTEST:
________________________________
PURCHASER:
TOWN OF TROPHY CLUB TEXAS, a
Home Rule Municipal Corporation
By:_____________________________
Mayor
Date: _________________________
ATTEST:
________________________________
TOWN SECRETARY
APPROVED AS TO FORM:
________________________________
TOWN ATTORNEY
96
ACKNOWLEDGMENTS
STATE OF TEXAS §
§
COUNTY OF _________ §
This instrument was acknowledged before me on the ______ day of
_______________, by _________________________.
________________________________
Notary Public, State of Texas
STATE OF TEXAS §
§
COUNTY OF COLLIN___ §
This instrument was acknowledged before me on the ______ day of
_______________, by CONNIE WHITE, Mayor of the TOWN OF TROPHY CLUB,
TEXAS a home-rule municipal corporation, on behalf of such corporation.
________________________________
Notary Public, State of Texas
97
EXHIBIT “A”
DESCRIPTION OF THE PROPERTY
98
EXHIBIT “B”
DESCRIPTION OF MEDLIN SITE
99
EXHIBIT “C”
FORM OF PURCHASER’S ABANDONMENT OF MEDLIN SITE
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
ABANDONING ALL OF ITS INTEREST, WHETHER OBTAINED
THROUGH DEDICATION, OWNERSHIP, OR OTHERWISE, IN A TRACT
OF LAND OF APPROXIMATELY 5,625 SQUARE FOOT TRACT OF
LAND, MORE OR LESS, LOCATED NEAR THE MEDLIN MIDDLE
SCHOOL IN TROPHY CLUB, DENTON COUNTY, TEXAS; PROVIDING
FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, the Town of Trophy Club, Texas (“Trophy Club”), has received a
request from Northwest Independent School District, to abandon all of its interest,
whether obtained through dedication, ownership, or otherwise, in an approximately
5,625 square foot tract of land, and all private improvements located thereon and all
private appurtenances thereto, such land being located near the Medlin Middle School
in Trophy Club, Texas and more particularly described in the attached Exhibit “C-1”,
which is incorporated herein (the “Real Estate”); and
WHEREAS, the Town Council of Trophy Club (the “Town Council”) through the
passage of this Ordinance in accordance with the Town’s Home Rule Charter, hereby
relinquishes all right, title and interest to the Real Estate; ; and
WHEREAS, the Town Council has investigated and hereby approves the
relinquishment of the Real Estate; and
WHEREAS, the Town Council has investigated and determined that it is in the
best interest and for the purpose of benefiting the public generally to abandon and
relinquish its interest the Real Estate and it is not solely for the benefit of private
interest.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are
incorporated into the body of this Ordinance as if fully set forth herein.
SECTION 2: Abandonment/Relinquishment of Real Estate. The Town of Trophy
Club hereby abandons, whether obtained through dedication, ownership, or otherwise,
all of its interest and rights in and to the Real Estate described in Exhibit “A”, attached
100
hereto and incorporated herein for all purposes; provided however that the Town
expressly reserves all rights, title and interest in public infrastructure located upon,
under, and/or adjacent to the Real Estate.
SECTION 3: Saving/Repealing Clause. All provisions of any ordinance in conflict
with this Ordinance are hereby repealed to the extent that they are in conflict. Any
remaining portions of said ordinances shall remain in full force and effect.
SECTION 4: Severability. Should any section, subsection, sentence, clause, or
phrase of this Ordinance be declared unconstitutional or invalid by a court of competent
jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance
shall remain in full force and effect. Trophy Club hereby declares that it would have
passed this Ordinance, and each section, subsection, clause or phrase thereof
irrespective of the fact that any one or more sections, subsections, sentences, clauses
and phrases be declared unconstitutional or invalid.
SECTION 5: Effective Date. This Ordinance shall become effective immediately
upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS, on this day of ,
2009.
Mayor
ATTESTED AND CORRECTLY APPROVED AS TO FORM:
RECORDED:
Town Secretary Town Attorney
101
Exhibit “C-1’
To
Town of Trophy Club, Texas Ordinance No. __________
Legal Description of Real Estate
102
EXHIBIT “D”
FORM OF PURCHASER’S QUITCLAIM OF MEDLIN SITE
"Notice of Confidentiality rights: If you are a Natural Person, you may remove or
strike any of the following information from this instrument before it is filed for
record in the Public Records: Your Social Security Number or your Drivers'
License Number."
QUITCLAIM DEED
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF ________
THAT TOWN OF TROPHY CLUB, TEXAS, a home rule municipal corporation,
hereinafter referred to as Grantor, for and in consideration of the sum of TEN AND
NO/100THS DOLLARS ($10.00) cash in hand to Grantor paid by NORTHWEST
INDEPENDENT SCHOOL DISTRICT, a Texas independent school district, hereinafter
called Grantee, the receipt of which is hereby acknowledged, and other good and
valuable consideration, the receipt of which is hereby also acknowledged, HAS
QUITCLAIMED, and by these presents does QUITCLAIM unto the said Grantee all of its
right, title, interest, claim and demand in and to the following described real estate, to-
wit:
[INSERT LEGAL DESCRIPTION FOR MEDLIN SITE]
Together with all and singular the Grantor’s right, title, interest, estate, claim and
demand in and to the hereditaments and appurtenances thereto belonging or in anywise
pertaining.
TO HAVE AND TO HOLD the above released rights, titles, interests, claims and
demands to the said Grantee, the Grantee's heirs and assigns forever.
[signature and acknowledgment to follow]
103
WITNESS THE GRANTOR'S HAND this the __ day of __, 2009.
“GRANTOR”:
TOWN OF TROPHY CLUB, TEXAS, a Home
Rule Municipal Corporation
_____________________________
Mayor
Date: _________________________
ATTEST:
________________________________
TOWN SECRETARY
APPROVED AS TO FORM:
________________________________
TOWN ATTORNEY
STATE OF TEXAS
COUNTY OF _______
This instrument was acknowledged before me on the _______ day of __, 2009,
by ____________________, the _______________ of Town of Trophy Club, Texas, a
home rule municipal corporation, on behalf of said municipal corporation
.
_______________________________
NOTARY PUBLIC, STATE OF TEXAS
AFTER RECORDING RETURN TO:
Abernathy, Roeder, Boyd & Joplin P.C.
1700 Redbud Boulevard, Suite 300
McKinney, Texas 75069
Attn: Jared J. Pace
104
EXHIBIT "E"
SPECIAL WARRANTY DEED
(See attached)
105
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-1-2009
Subject: Agenda Item No.C.5
Discuss and take appropriate action regarding the date for the second
regular Town Council meeting in June.
EXPLANATION:
Mayor White is scheduled to be out of Town on June 15th on a previously planned
Mission trip and respectfully asked the Council to consider moving the June 15th
meeting to June 22nd.
RECOMMENDATION:
ACTION BY COUNCIL:
(Mayor White)
Attachments: 1. None
106
0cc
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-1-2009
Subject: Agenda Item No.C.6
Discuss and take appropriate action regarding a Resolution of the Town
Council of the Town of Trophy Club, Texas, nominating one (1) member to
the Board of Managers of the DENCO Area 9-1-1 District.
EXPLANATION:
Please see the memorandum under Attachments for the explanation.
Board of Managers
The board of managers is the governing body for the Denco Area 9-1-1 District. The
county, participating cities and the Denton County Fire Chiefs Association appoint the
board. Board members serve staggered two-year terms and are eligible for
reappointment. Click here to meet the members of the current board of managers.
The Emergency Telephone Number Act states, "the board shall manage, control and
administer the district. The board may adopt rules for the operation of the district." The
legislation also allows the board to appoint a director of communications for the district
who serves as its general manager. The director, with approval from the board, provides
for the service necessary to carry out the purposes of the Emergency Telephone
Number Act.
Ms. Olive Stephens - Vice chair DENCO and Mayor of Shady Shores is up for re-
election. DENCO advised that there are no requirements needed to nominate a person
for the DENCO Board of Managers. However, most people who run do serve in a
public capacity.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Information Memorandum – DENCO Resolution defining the procedure
for appointment of participating Municipalities’ Representative to the
District Board of Managers
2. Resolution Nominating one Member DENCO 911 District
107
108
109
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2009-
A RESOLUTION NOMINATING A MEMBER TO THE BOARD
OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, Section 772, of the Texas 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 the
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 nominates
_______________ as a member of the Board of Managers for the DENCO Area 9-1-1
Emergency Communication District.
Section 2. That this Resolution shall become effective immediately upon its
passage and approval
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 1st day of June, 2009
Mayor, Connie White
Town of Trophy Club, Texas
ATTEST: [SEAL]
Town Secretary, Lisa Hennek
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Town Attorney, Patricia Adams
Town of Trophy Club, Texas
110
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-1-2009
Subject: Agenda Item No.C.7
Discuss and take appropriate action to set a date for the first Town budget
workshop.
EXPLANATION:
This agenda item will give the Council an opportunity to set the date for the first
comprehensive budget workshop. It is anticipated that the workshop will be held on a
Saturday in early July. In addition to the full workshop, we will be scheduling
subsequent mini workshops in conjunction with the regular Council meetings.
RECOMMENDATION:
ACTION BY COUNCIL:
(bse)
Attachments: 1. None
111
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-1-2009
Subject: Agenda Item No.C.8
Receive a progress report on the Highlands of Trophy Club Public
Improvement District #1, discussion and appropriate action regarding
same.
EXPLANATION:
A substantial portion of the public improvements for the Highlands at Trophy Club PID
#1 is nearing completion. The purpose of this item is to provide a progress report for all
of the funded items, whether completed, under construction, or proposed.
RECOMMENDATION:
No action is recommended.
ACTION BY COUNCIL:
(bse)
Attachments: 1. Comprehensive Total with breakdown
112
113
114
115
116
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-1-2009
Subject: Agenda Item No.C.9
Items for Future Agenda.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
LIST:
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 a Municipal Management
District as it relates to taking over MUD2. (Mayor Sanders)
7. Discuss and take appropriate action regarding culvert issues on Skyline Park.
(Wilson added on 4/6/09)
8. Discuss and take appropriate action regarding an update/celebration for the
opening of the new Bryon Nelson High School. (Edstrom added April 20,
2009)
9. Item to receive a report to alleviate the congestion of games/practices on the
baseball and the parking issues. (Wilson added May 6, 2009)
117
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-1-2009
Subject: Agenda Item No.D.1
Council to convene into executive session pursuant to Texas Government
Code, Annotated, Section 551.071 (1) and (2) "Consultation With Attorney,"
in order to seek the advice of its attorney as follows:
A. Legal advice relative to Cause No. 2009-40021-362, Trophy Club
Municipal Utility District No. 2 v. Town of Trophy Club, pending in the
362nd District Court of Denton County, Texas, including the Intervention
into the lawsuit by MUD1, pending Declaratory Judgment suits filed by
MUD1 and MUD2, pending appeals, and potential settlement of same.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: None
118
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-1-2009
Subject: Agenda Item No.D.2
Discuss and take appropriate action relative to Executive Session Item
Number D1.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: None
119
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-1-2009
Subject: Agenda Item No.E.1
Adjourn.
120