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Agenda Packet TC 04/18/2011Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom6:00 PMMonday, April 18, 2011 Call to order and announce a quorum. REGULAR SESSION EXECUTIVE SESSION - 6:00 P.M. 1.2011-190-T Pursuant to Texas Government Code, Annotated, Section 551.074(a)(1) "Personnel Matters," and Section 551.071 (1) & (2) "Consultation with Attorney", respectively, the Council will enter into Executive Session to discuss the following: A. Personnel Matters. To deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee relating to the annual evaluation of Town Attorney Patricia Adams B. Consultation with Attorney on Pending or Contemplated Litigation or on a Matter in which the duty of the Attorney to the Governmental Body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Texas Open Meetings Act: - Legal advice relative to threatened litigation and claim by Scott and Julie Folley, Zoning and Recreation Area RECONVENE INTO REGULAR SESSION 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." 2.2011-191-T Consider and take appropriate action regarding the Executive Session items. PRESENTATIONS 3.2011-165-T Receive an update from Cathy Hernandez, President - Arts Council Northeast, on Arts Council projects within the area; discussion of same. Town Council 1 of 150 Meeting Date: April 18, 2011 April 18, 2011Town Council Meeting Agenda 4.2011-198-T Recognize the 2010 Citizen of the Year Nominees and Announce the recipients; discussion of same. 2010 COY List of Nominees.pdfAttachments: 5.2011-201-T Presentation of a mid-year report for 2010-2011 fiscal year through March 2011; approval of financial and variance report dated March 2011; discussion of same. March 2011 Monthly Financials.pdfAttachments: 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. PROCLAMATIONS 6.2011-195-T Consider and take appropriate action regarding a Proclamation declaring April 30, 2011 as Arbor Day. PRO 2011-03 Arbor Day.pdfAttachments: 7.2011-196-T Consider and take appropriate action regarding a Proclamation declaring May 5, 2011 as Day of Prayer in Trophy Club. PRO 2011-04 National Day of Prayer.pdfAttachments: 8.2011-197-T Consider and take appropriate action regarding a Proclamation declaring May 6 -12, 2011 as National Nurses Week 2011 - Nurses Trusted to Care. PRO 2011-05 National Nurses Week.pdfAttachments: 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. 9.2011-164-T Consider and take appropriate action regarding the Minutes dated March 11, 2011 (Town Council Retreat). March 11, 2011 Minutes (Council Retreat).pdfAttachments: Town Council 2 of 150 Meeting Date: April 18, 2011 April 18, 2011Town Council Meeting Agenda 10.2011-194-T Consider and take appropriate regarding an Ordinance amending Section 1.05(B) entitled "Basis for Establishing Areas of Special Flood Hazard" of Article One entitled "Flood Damage Prevention" of Chapter Four entitled "Flood Damage Prevention" of the Code of Ordinances to include Tarrant County’s Flood Insurance Rate Maps (FIRM) dated September 25, 2009; and providing an effective date. ORD 2011-15 Flood Ord - Adding Tarrant County.pdfAttachments: REGULAR SESSION 11.2011-210-T Consider and take appropriate action regarding a Resolution of the Town Council of the Town of Trophy Club, Texas, amending Resolution No. 2010-22 appointing citizens to the Boards and Commissions; providing for the appointments of citizen volunteers to serve on the Citizens Financial Advisory Board and the Ethics Commission; designating terms of service; and providing an effective date. CFAB Applicants.pdf Ethics Applicants.pdf RES 2011-08 Amending 2010-22 - Appointments - Ethics & CFAB.pdf Attachments: 12.2011-199-T Consider and take appropriate action regarding a Resolution of the Town Council approving a Memorandum of Understanding by and between the Joint Regional Local Governments comprised of the Town of Trophy Club, the Town of Westlake, and the City of Roanoke in order to explore regional cooperative opportunities for the benefit of all residents of the region; and providing an effective date. RES 2011-09 Regional MOU.pdfAttachments: 13.2011-200-T Consider and take appropriate action regarding a Resolution of the Town Council approving a Major Case Investigative Team Memorandum of Agreement pursuant to the Interlocal Cooperation Act to provide the Town with major case investigate law enforcement assistance from various local law enforcement agencies; authorizing the Town Manager and Chief of Police to execute all necessary documents; and providing an effective date. MCIT Memo.pdf MCIT letter and MOA.pdf RES 2011-10 - Interlocal Mutual Aid Crime Investigative Team.pdf Attachments: Town Council 3 of 150 Meeting Date: April 18, 2011 April 18, 2011Town Council Meeting Agenda 14.2011-103-T Consider and take appropriate action regarding the acceptance or denial of the dedication of park land to satisfy the park land dedication requirement of the Town's Subdivision Regulations for the Waters Edge at Hogan’s Glen Subdivision and the Canterbury Hills Subdivision and setting forth any and all terms or conditions of acceptance. Staff Report - TC 041811 - WEHG-Parkland.pdf Phase Plan 102407.pdf Phase Map - WEHG CH only.pdf Parkland Lot Location - Canterbury Hills.pdf Trophy Club Park - South Entrance.pdf Trophy Club Park Detail - South Entrance.pdf TCP Masterplan Final 2-14-11.pdf Appraisal - Lot 16.pdf Appraisal - Lot 17.pdf Appraisal - Lot 18.pdf Attachments: 15.2011-202-T Consider and take appropriate action regarding financial and variance report dated March 2011. March 2011 Monthly Financials.pdfAttachments: 16.2011-204-T Town Manager Slye's update regarding the following; discussion of the same. - Oncor Rate Case Settlement Update - Finance Director Position Update - Highway 114/170 Project Update - Trophy Club Women's Club April 13, 2011 Meeting Update - TML IEBP Meeting, April 20-22, 2011 - TML Budgeting for Performance for Small Cities Seminar, April 29, 2011 2011 04 11 Settlement Agreement in Oncor Rate Case.PDFAttachments: 17.2011-203-T Town Council Liaison Updates; discussion of same: - April 12, 2011 Parks & Recreation Board - Council member Hoover 18.2011-205-T Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - April Chamber Luncheon - Medal of Honor Escort - Trek & Toss Trail Opening - Community Clean Up Event - Northeast Leadership - Congressman Burgess' Annual Emergency Preparedness Summit - Easter Eggstravaganza Town Council 4 of 150 Meeting Date: April 18, 2011 April 18, 2011Town Council Meeting Agenda 19.2011-206-T Items for Future Agendas. Future Agenda Items List.pdfAttachments: This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. 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, April 14, 2011 by 5:00 P.M. in accordance with Chapter 551, Texas Government Code. ________________________________ Shannon DePrater, 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 ______________________, 2011. ________________________________, Title: ___________________________ Town Council 5 of 150 Meeting Date: April 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-190-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/7/2011 Town Council On agenda:Final action:4/18/2011 Title:Pursuant to Texas Government Code, Annotated, Section 551.074(a)(1) "Personnel Matters," and Section 551.071 (1) & (2) "Consultation with Attorney", respectively, the Council will enter into Executive Session to discuss the following: A. Personnel Matters. To deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee relating to the annual evaluation of Town Attorney Patricia Adams B. Consultation with Attorney on Pending or Contemplated Litigation or on a Matter in which the duty of the Attorney to the Governmental Body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Texas Open Meetings Act: - Legal advice relative to threatened litigation and claim by Scott and Julie Folley, Zoning and Recreation Area Attachments: Action ByDate Action ResultVer. TITLE Pursuant to Texas Government Code, Annotated, Section 551.074(a)(1) "Personnel Matters," and Section 551.071 (1) & (2) "Consultation with Attorney", respectively, the Council will enter into Executive Session to discuss the following: A. Personnel Matters. To deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee relating to the annual evaluation of Town Attorney Patricia Adams B. Consultation with Attorney on Pending or Contemplated Litigation or on a Matter in which the duty of the Attorney to the Governmental Body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Texas Open Meetings Act: - Legal advice relative to threatened litigation and claim by Scott and Julie Folley, Zoning and Recreation Area Town Council 6 of 150 Meeting Date: April 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-191-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/7/2011 Town Council On agenda:Final action:4/18/2011 Title:Consider and take appropriate action regarding the Executive Session items. Attachments: Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding the Executive Session items. Town Council 7 of 150 Meeting Date: April 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-165-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/28/2011 Town Council On agenda:Final action:4/4/2011 Title:Receive an update from Cathy Hernandez, President - Arts Council Northeast, on Arts Council projects within the area; discussion of same. Attachments: Action ByDate Action ResultVer. TITLE Receive an update from Cathy Hernandez, President - Arts Council Northeast, on Arts Council projects within the area; discussion of same. TOWN COUNCIL GOAL(S): Goal #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Enhance citizen volunteer opportunities Expand and promote recreational / active live style opportunities for all ages Forge collaborative relationships with other governmental and public entities Town Council 8 of 150 Meeting Date: April 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-198-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/7/2011 Town Council On agenda:Final action:4/18/2011 Title:Recognize the 2010 Citizen of the Year Nominees and Announce the recipients; discussion of same. Attachments:2010 COY List of Nominees.pdf Action ByDate Action ResultVer. TITLE Recognize the 2010 Citizen of the Year Nominees and Announce the recipients; discussion of same. TOWN COUNCIL GOAL(S): Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Enhance citizen volunteer opportunities Expand and promote recreational / active live style opportunities for all ages Forge collaborative relationships with other governmental and public entities Town Council 9 of 150 Meeting Date: April 18, 2011 Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 (682) 831-4600 Fax (817) 491-9312 List of 2010 Citizen of the Year Nominees: Youth Chase Berberich, Age 11 Honor Fusselman, Age 14 Kayla Harwell, Age 14 Lillian Johnson, Age 13 Kristin Marxer, Age 14 Austin Michaelis Megan Rodgers, Age 12 Ryan Rodgers, Age 13 Catharen Stuebe, Age 13 Adult Joel Quile Bob Radder Kathy Trotter Town of Trophy Club 25th Anniversary Committee Town Council 10 of 150 Meeting Date: April 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-201-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/7/2011 Town Council On agenda:Final action:4/18/2011 Title:Presentation of a mid-year report for 2010-2011 fiscal year through March 2011; approval of financial and variance report dated March 2011; discussion of same. Attachments:March 2011 Monthly Financials.pdf Action ByDate Action ResultVer. TITLE Presentation of a mid-year report for 2010-2011 fiscal year through March 2011; approval of financial and variance report dated March 2011; discussion of same. Town Council 11 of 150 Meeting Date: April 18, 2011 Amended March Year-to- Budget Budget 2011 Date Y-T-D Y-T-D FY 2010-11 FY 2010-11 Actual Actual Variance % of Budget REVENUE PROPERTY TAXES 3,423,998$ 3,423,998$ 77,064$ 3,343,416$ (80,582)$ 97.6% SALES TAX 517,450 517,450 32,982 153,337 (364,113) 29.6% FRANCHISE FEES 565,200 565,200 1,196 78,055 (487,145) 13.8% BUILDING PERMITS 504,000 504,000 66,846 261,298 (242,702) 51.8% DEVELOPER FEES 50,000 81,766 55,924 138,757 56,991 169.7% MUD SERVICE CONTRACT 228,076 228,076 228,076 228,076 - 100.0% EMS & MUNICIPAL COURT 300,633 300,633 18,346 150,775 (149,858) 50.2% TRANSFERS & OTHER REVENUE 384,442 384,442 16,697 169,286 (215,156) 44.0% RECREATION PROGRAMS 181,300 181,300 1,314 1,597 (179,703) 0.9% TOTAL REVENUE 6,155,099 6,186,865 498,445 4,524,597 (1,662,268) 73.1% EXPENDITURES MANAGER'S OFFICE 546,417 546,417 74,094 256,575 (289,842) 47.0% POLICE 1,468,489 1,500,255 113,820 661,710 (838,545) 44.1% EMS 676,891 676,891 50,359 308,953 (367,938) 45.6% STREETS 398,446 398,446 26,997 186,485 (211,961) 46.8% PARKS 912,577 946,877 61,246 426,543 (520,334) 45.0% RECREATION 615,088 615,088 27,012 128,036 (487,052) 20.8% PLANNING & ZONING 144,694 144,694 8,061 60,688 (84,006) 41.9% COMMUNITY DEVELOPMENT 191,206 191,206 12,726 78,513 (112,693) 41.1% COURT 79,751 79,751 5,616 35,613 (44,138) 44.7% LEGAL 154,818 154,818 10,996 63,943 (90,875) 41.3% FINANCE 390,915 390,915 42,951 199,723 (191,192) 51.1% INFORMATION SYSTEMS 296,337 296,337 43,446 135,086 (161,251) 45.6% HUMAN RESOURCES 81,752 81,752 6,799 40,456 (41,296) 49.5% FACILITIES MANAGEMENT 77,580 77,580 3,634 38,602 (38,978) 49.8% TOTAL EXPENDITURES 6,034,961 6,101,027 487,757 2,620,925 (3,480,102) 43.0% EXCESS/(DEFICIT)120,138$ 85,838$ 10,688$ 1,903,672$ CURRENT FISCAL YEAR, 2010-11 March 2011 GENERAL FUND 6/12 Months (50% of Fiscal Year) Town Council 12 of 150 Meeting Date: April 18, 2011 GENERAL FUND March 2011 6/12 Months (50% 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. Sales Tax - As required by the Government Accounting Standards Board, sales tax is reported for the month it is collected by the vendor. March, 2011 collections are remitted to the Town in May, 2011. Receipts are reported on a two month lag, therefore March, 2011 revenues reflect only three months (33% of fiscal year) of sales tax collections for the current fiscal year to date. Franchise Taxes – Franchise fees include payments for electric, gas, telecommunication, and cable services, as well as, waste collection. Most franchise fees are received quarterly. Atmos Gas, Oncor/TXU, and Tri-County Electric franchises are paid on an annual basis in early spring. The actual year to date revenue includes the monthly franchise payments from Allied Waste and the annual payment from Tri- County Electric. Developer Fees – Developer agreements include charges (fees) to cover the cost of inspection associated with project infrastructure. Actual fiscal year-to-date receipts include development fees for The Highlands Neighborhoods 1, 5, and 6. MUD Service Contract – The employee service agreement between the Town and MUD1 included payment in two separate installments, October 2010 and March 2011. The current year to date revenue reflects the October 2010 and March 2011 installment. Recreation Programs – Recreation programs are seasonal and should increase in the spring and summer months. EXPENDITURES Recreation – Recreation programs are seasonal and should increase in the spring and summer months. Town Council 13 of 150 Meeting Date: April 18, 2011 Amended March Year-to- Budget Budget 2011 Date Y-T-D Y-T-D FY 2010-11 FY 2010-11 Actual Actual Variance % of Budget REVENUE PARK REVENUE 126,000$ 126,000$ 13,955$ 55,122$ (70,878)$ 43.7% TOTAL RESOURCES 126,000 126,000 13,955 55,122 (70,878) 43.7% EXPENDITURES TROPHY CLUB PARK 126,000 126,000 8,076 41,981 (84,020) 33.3% TOTAL EXPENDITURES 126,000 126,000 8,076 41,981 (84,020) 33.3% EXCESS/(DEFICIT)-$ -$ 5,879$ 13,141$ TROPHY CLUB PARK FUND CURRENT FISCAL YEAR, 2010-11 March 2011 6/12 Months (50% of Fiscal Year) Town Council 14 of 150 Meeting Date: April 18, 2011 TROPHY CLUB PARK FUND March 2011 6/12 Months (50% of Fiscal Year) R EVENUES Park Revenue – The Motocross Track opened in November, 2008 and use of the park is seasonal. Town Council 15 of 150 Meeting Date: April 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-195-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/7/2011 Town Council On agenda:Final action:4/18/2011 Title:Consider and take appropriate action regarding a Proclamation declaring April 30, 2011 as Arbor Day. Attachments:PRO 2011-03 Arbor Day.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding a Proclamation declaring April 30, 2011 as Arbor Day. TOWN COUNCIL GOAL(S): Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Enhance citizen volunteer opportunities Expand and promote recreational / active live style opportunities for all ages Forge collaborative relationships with other governmental and public entities Town Council 16 of 150 Meeting Date: April 18, 2011 TOWN OF TROPHY CLUB PROCLAMATION NO. 2011- 03 A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, TO RECOGNIZE APRIL 30, 2011 AS ARBOR DAY; RECOGNIZING THAT 2011 IS THE 139th ANNIVERSARY OF THE HOLIDAY OF ARBOR DAY; AND PROVIDING AN EFFECTIVE DATE. Whereas, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and Whereas, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and Whereas, 2011 is the 139th anniversary of the holiday and Arbor Day is now observed throughout the nation and the world, and Whereas, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, and provide habitat for wildlife, and Whereas, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and beautify our community, and Whereas, trees, wherever they are planted, are a source of joy and spiritual renewal. NOW THEREFORE, BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. In the Town of Trophy Club, the Mayor and Council urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and Section 2. The Mayor and Council urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. That this Proclamation shall become effective from and after its date of passage in accordance with law. _____________________________ _______________________________ Connie White, Mayor Shannon DePrater, Town Secretary Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council 17 of 150 Meeting Date: April 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-196-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/7/2011 Town Council On agenda:Final action:4/18/2011 Title:Consider and take appropriate action regarding a Proclamation declaring May 5, 2011 as Day of Prayer in Trophy Club. Attachments:PRO 2011-04 National Day of Prayer.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding a Proclamation declaring May 5, 2011 as Day of Prayer in Trophy Club. TOWN COUNCIL GOAL(S): Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Enhance citizen volunteer opportunities Expand and promote recreational / active live style opportunities for all ages Forge collaborative relationships with other governmental and public entities Town Council 18 of 150 Meeting Date: April 18, 2011 TOWN OF TROPHY CLUB, TEXAS PROCLAMATION NO. 2011-04 MAY 5, 2011 AS DAY OF PRAYER IN TROPHY CLUB WHEREAS, public prayer and national days of prayer have a long-standing and significant history in American tradition since the first call to prayer in 1775 when the Continental Congress asked the colonies to pray for wisdom in forming a nation; and WHEREAS, in 1952 the Congress of the United States by a joint resolution enacted legislation setting aside an annual day of prayer for the nation, and in 1988 this law was amended permanently setting the day as the first Thursday of every May; and WHEREAS, the National Day of Prayer has great significance for us as a nation, enabling us to recall and teach the way in which our forefathers sought the wisdom of God when faced with critical decisions, thus reaffirming the spiritual principles upon which this nation was founded; and WHEREAS, in these trying times, when the world is so unsettled and when so many brave citizens of the United States are far from home, making great sacrifices for those abroad and those here at home, prayer becomes all the more meaningful and important; and WHEREAS, this year is the 60th anniversary of the consecutive annual observance of the National Day of Prayer, and its theme is “A MIGHTY FORTRESS IS OUR GOD” based on Psalm 91:2; and WHEREAS, on this day Americans across our nation and state will unite and heed the call to humbly come before God, to acknowledge our dependency upon Him and give Him thanks for the many blessings we have received from Him, and to seek His guidance for our leaders and His grace and protection upon us as a people and a nation; NOW, THEREFORE, I Connie White, in conjunction with the Town Council of the Town of Trophy Club, Texas by the Power vested in me as Mayor of Trophy Club, hereby proclaim Thursday, May 5, 2011, as a DAY OF PRAYER in Trophy Club to coincide with the NATIONAL DAY OF PRAYER and that this proclamation shall take effect from and after its date of passage, in accordance with law; and it is so proclaimed. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 18th day of April, 2011. _____________________________ _______________________________ Connie White, Mayor Shannon DePrater, Town Secretary Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council 19 of 150 Meeting Date: April 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-197-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/7/2011 Town Council On agenda:Final action:4/18/2011 Title:Consider and take appropriate action regarding a Proclamation declaring May 6 -12, 2011 as National Nurses Week 2011 - Nurses Trusted to Care. Attachments:PRO 2011-05 National Nurses Week.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding a Proclamation declaring May 6 -12, 2011 as National Nurses Week 2011 - Nurses Trusted to Care. TOWN COUNCIL GOAL(S): Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Enhance citizen volunteer opportunities Expand and promote recreational / active live style opportunities for all ages Forge collaborative relationships with other governmental and public entities Town Council 20 of 150 Meeting Date: April 18, 2011 TOWN OF TROPHY CLUB, TEXAS PROCLAMATION NO. 2011-05 A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ESTABLISHING THE WEEK OF MAY 6 – 12, 2011 AS NURSE APPRECIATION WEEK IN TROPHY CLUB IN CONJUNCTION WITH NATIONAL NURSES WEEK. WHEREAS: National Nurses Week is May 6-12, 2011; and WHEREAS, This year’s national celebration theme is “Nurses Trusted to Care,” and WHEREAS, Nurses are truly giving and loving individuals who care for the sick and who contribute enormously to the well-being of others; and WHEREAS, Baylor Regional Medical Center at Grapevine honors their nurses during this week for “All the Places They’ll Go.” NOW, THEREFORE, I, MAYOR CONNIE WHITE, IN CONJUNCTION WITH THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, DO HEREBY PROCLAIM: Section 1. The week of May 6 – 12, 2011 as National Nurses Week in the Town of Trophy Club to coincide with National Nurses Week and encourage all citizens to support our nurses. Section 2. That this Proclamation shall take effect from and after its date of passage, in accordance with law; and it is so proclaimed. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 18th day of April, 2011. _____________________________ _______________________________ Connie White, Mayor Shannon DePrater, Town Secretary Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council 21 of 150 Meeting Date: April 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-164-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/28/2011 Town Council On agenda:Final action:4/4/2011 Title:Consider and take appropriate action regarding the Minutes dated March 11, 2011 (Town Council Retreat). Attachments:March 11, 2011 Minutes (Council Retreat).pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding the Minutes dated March 11, 2011 (Town Council Retreat). Town Council 22 of 150 Meeting Date: April 18, 2011 MINUTES FROM TOWN COUNCIL RETREAT FOR THE TOWN OF TROPHY CLUB LOCATION: Trophy Club Country Club, 500 Trophy Club Drive Trophy Club, Texas 76262 Friday, March 11, 2011 STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Council Retreat Session on Friday, March 29, 2011. The meeting was held at Trophy Club Country Club, 500 Trophy Club Drive, Trophy Club, Texas 76262 and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Bill Rose Mayor Pro Tem Margi Cantrell Council Member Larry Hoover Council Member Glenn Strother Council Member TOWN COUNCIL MEMBERS ABSENT: J.D. Stotts Council Member STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Stephen Seidel Assistant Town Manager Shannon DePrater Town Secretary Patricia Adams Town Attorney Wendy Skinner President Wendy Skinner and Associates Mayor White announced the date of March 29, 2011; called to order and announced a quorum at 12:35 p.m. 1. - Welcome Town Manager Slye welcomed everyone and expressed his excitement to have Wendy Skinner facilitate the workshop with the Council. - Objectives and Expectations - Recap of January Retreat - Governance - Roles and Responsibilities - Ideas and Issues Discussion Town Manager Slye discussed the Budget Calendar and proposed budget process. - Future Agenda Items - Next Steps and Feedback Recap presentation by Wendy Skinner attached. ADJOURN Meeting adjourned at 9:55 p.m. _____________________________ ________________________________ Shannon DePrater, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council 23 of 150 Meeting Date: April 18, 2011 2011 Wendy Skinner and Associates, Inc. All Rights Reserved Town of Trophy Club Council Strategy Retreat March 11, 2011 Record of Council and Management Discussion Town Council 24 of 150 Meeting Date: April 18, 2011 Participants Town Council: Connie White - Mayor Bill Rose –Mayor Pro-Tem Glenn Strother –Council Member Margi Cantrell –Council Member Larry Hoover Council Member J.D. Stotts –Council Member (unable to attend) Town Management Mike Slye –Town Manager Stephen Seidel –Asst. Town Manager Patricia Adams –Town Attorney Shannon DePrater –Town Secretary Facilitator Wendy Skinner –President, Wendy Skinner and Associates 2 Town Council 25 of 150 Meeting Date: April 18, 2011 © 1996-2009 AGENDA GROUND RULES OBJECTIVES •Everyone participate / no one dominate •Suspend judgment / avoid “killer” phrases •Build on each others ideas •Think creatively •Humor helps Identify and discuss challenges and opportunities relevant to the mission and strategy of the Town Prioritize key initiatives that will drive performance Develop and agree on the high level game plan Discuss and agree on Council / Management roles and responsibilities Welcome and Call to Order Objectives and Expectations Recap of January Retreat Governance –Roles and Responsibilities Ideas and Issues Discussion Next Steps and Feedback Adjourn Setting the Stage Increase trust between Council and Management Develop clear understanding of roles and responsibilities Provide greater clarity of needs and expectations Discuss and gain agreement on key priorities Develop unity on direction for the future –clarity, focus, cohesion and accountability EXPECTATIONS 3 Town Council 26 of 150 Meeting Date: April 18, 2011 Summary of Accomplishments Finalized the Town‟s strategy map Discussed status on the Town‟s strategic initiatives Developed ground rules / operating norms between Council and Management Identified needs/expectations and opportunities for improvement What Council needs/expects from Management What Management needs/expects from Council Reviewed several key priorities, defined the opportunities and outlined high level action plans 4 Town Council 27 of 150 Meeting Date: April 18, 2011 Recap of January Retreat 5 Situational Analysis 2010 Strategic Hits and MissesOrganizational Vision Draft ScorecardsTrophy Club Strategy Map Strategic Initiatives Town Council 28 of 150 Meeting Date: April 18, 2011 The Town of Trophy Club‟s Vision, Mission and Values 6 Vision TROPHY CLUB … A Great Place to Call Home! Mission Through dedicated innovative leadership, provide superior municipal services and facilities in a highly effective, efficient manner to make the Town of Trophy Club a great place to call home. Values Integrity and Trust Accountability Teamwork Innovation Pride and Service CommitmentTown Council 29 of 150 Meeting Date: April 18, 2011 Fulfill Our Mission Through dedicated innovative leadership, provide superior municipal services and facilities in a highly effective, efficient manner to make the Town of Trophy Club a great place to call home. Safe and Secure Business-Friendly Economic Development Create effective working relationships with businesses and developers Promote new commercial opportunities Retain/develop existing businesses Increase citizen awareness and involvement in crime prevention Healthy, Picturesque and Environmentally Sound Strong Partnerships and Community Involvement Develop / enhance environmental and sustainability standards and programs Improve property maintenance standards and code enforcement Maintain neat and tidy appearance Forge collaborative relationships with other government and pubic entities Create a positive regional identity Financial and Operational Stewardship Maintain / improve infrastructure and assets Develop, recognize and retain quality staff Provide cost-effective services Improve effectiveness and efficiency of operational processes Implement strong financial management standards Promote recreational / active lifestyle opportunities for all ages Provide superior emergency services Support citizen volunteer opportunities Improve data security Maintain low crime rate Live Our Core Values Integrity and Trust ●Accountability ●Teamwork ●Innovation ●Pride and Service Commitment De l i v e r o n O u r S t r a t e g y Town of Trophy Club –Strategy Map Deliver responsive customer service Foster a well informed community 7 Town Council 30 of 150 Meeting Date: April 18, 2011 From…To… Unclear, multiple agendas Mission Focused direction, clear goals Short-term, tactical Focus Long-term, big picture, strategic Undefined, negative, stuck in past Culture Grounded in shared values, trust-filled At odds, challenging, ineffective Governance Cooperative, supportive, win-win Different views, varied priorities Leadership Aligned, accountable, confident Individual needs, departmentalized Teamwork Collaborative, unified, results-driven Task-oriented, crisis, reactionary Operations Proactive, responsive, innovative Manual, inefficient, insufficient Core Processes Best practices, standard, automated Mixed messages, sporadic Communications Cohesive story, consistent, frequent Priorities and strategy unclear People Engaged, connected to strategy Recap –Vision for Organizational Improvement 8 Town Council 31 of 150 Meeting Date: April 18, 2011 Council –Management Ground Rules in Support of Our Core Values Our number one purpose is to serve our citizens to the best of our abilities. We are committed to demonstrating our core values through all our words and actions. We seek to gather all the facts before decision-making. We acknowledge that the quality of our actions and decisions are only as good as the quality of our knowledge about the situation. We use our workshops to lay the ground work on big issues –as a work in progress to discuss the issues and ask clarifying questions to clarify so that we all have a common understanding. We expect open and candid communication. Hidden agendas and negative gossip are not tolerated. We actively listen with respect to other’s perspectives. We accept that questions are not a sign of mistrust, but a way to build better awareness and understanding. We will improve council –management collaboration by asking the following questions: Council to management: What is the impact of our decision on you? Have we listened to your perspective about the implications of this? Management to council on an item for decision-making: Have we explained this clearly? Do you feel you have enough information to make a sound decision? Have we listened to and addressed the big questions, issues and concerns you have raised? We agreed to actively support a decision once made. If decisions need to be revisited, we will do so through the appropriate channels and process. We look for opportunities to recognize others doing the right thing and modeling our values. We believe in accountability, not blame. We celebrate successes and learn from mistakes. We trust that others are doing the best job they can, given the knowledge and information they have at the time. Every person takes responsibility for a constructive outcome of a meeting or interaction. 9 Trust and Integrity Pride and Service Commitment Teamwork Accountability Innovation Draft Town Council 32 of 150 Meeting Date: April 18, 2011 Council and Management –Needs for Success Needs that are being met well Quick response to questions Keeping council members apprised of responses to citizen inquiries Town hall meetings Keeping council members informed on important issues /activities Weekly updates Communication in general Needs that require improvement Receiving council meeting packets earlier Budget Workshops –better planning and more information More input prior to presentations Budget info connected to strategic goals and plans Communicate what is being done by staff (to address overstaffing concerns) Solutions to increase trust of council by staff Providing the mayor with key talking points prior to meetings More involvement in Economic Development Improving two-way communications –how to get more input from citizens (i.e. ,Town Blog) More collaboration in issues –ability for Council members to provide input on alternatives 10 Needs that are being met well More dialogue between council and management Increasing trust in management to do their job (i.e., authority over Commons site plan, Travelers settlement agreement) Better level of respect and appreciation for scope and volume of daily activities Council has better dialogue amongst themselves and seems more unified Needs that require improvement Providing clear expectations and direction from a unified council (or council majority) Using the Town Manager as the council‟s point of contact for information from staff Eliminate micromanagement –especially difficult if being done by six council members Schedule time to meet with management rather than impromptu or unplanned Recognize that management and staff have the knowledge, skills and experience to do their jobs –council should provide direction and input only and not do staff‟s job for them Better understanding by council of what management and staff responsibilities are Council member s not contacting other city staff about how we should address issues, ordinances, budgets, etc. Improving the Town‟s image to gain more respect from other cities Town Council Town Management Town Council 33 of 150 Meeting Date: April 18, 2011 Strategic Initiatives to Achieve Success Safe and Secure Business-Friendly Economic Development Strong Partnerships and Community Involvement Healthy, Picturesque and Environmentally Sound Financial and Operational Stewardship Implement additional community policing efforts Investigate land acquisitions Develop 10 year master plan for Town / MUD Develop sustainability programs Design and implement a Citizen Survey Develop / enhance disaster recovery plan Develop a long term master plan Develop a Partnership Plan (regional, community groups, neighborhoods, schools, etc.) Evaluate and develop median maintenance alternatives Implement a strategic management model for on- going planning and execution Build sidewalks on main thoroughfare Develop and implement a Progressive Zoning model Provide public information / Town Newsletter Evaluate median maintenance options (i.e., outsourcing) Develop a communication strategy and plan Evaluate traffic flows and possible 25 MPH zones Pursue Trophy Club Park development opportunities Implement / enhance volunteer programs Improve parks and trails systems Continue budget process improvements Develop safety and security training programs for citizens Develop a Town identity / brand for development Develop education / awareness program for Real Estate agents Pursue “destination” theme concept for parks Evaluate compensation and benefits Obtain funding from Roanoke for schools security patrols Evaluate package sales Evaluate Joint use facilities with Roanoke Investigate renaming Trophy Club Park Evaluate and develop a tax rate philosophy Re-evaluate data security back-up procedures Develop incentive plan to attract / retain businesses Develop a Town Signature event Develop back to nature programs Implement a leadership development program Secure offsite data back-up facility Develop plan to keep / attract new businesses to Regency Center Develop an Events Program (planning, promotion, training) Implement a wild life watch program Review and finalize CFAB authority and jurisdiction Evaluate Indian Creek extension Develop commercial opportunity plan for Trophy Woods Evaluate a regional theatre concept Evaluate a community / recreation center Develop a road replacement plan Conduct drainage and flood control study Evaluate potential for fuel at Tom Thumb Research community “give back” programs Develop a “fit cities” program Develop plan for Town facilities and aging infrastructure Identify commercial opportunities for Indy Park Evaluate partnership with Westlake (police, fire, EMS) Develop a neighborhood theme concept (i.e., holidays) Explore Hotel use tax Create a Citizen University Pursue Scenic Cities award Install UV system at pool 11 Bolded initiatives represents work in progress or in planning stage for budget purposes Blue shaded initiatives represents those discussed by Council and Management Yellow shaded initiatives are those prioritized to be discussed at future retreat or workshop Town Council 34 of 150 Meeting Date: April 18, 2011 Prioritized Topics for Discussion – New Topics Requested 12 Transform EDC and Land Acquisition Opportunities Fit with long range plan Relationships with Other Local Governments (i.e., Roanoke, Westlake) Progressive Zoning (discussed at January retreat –needs to be updated) Citizen Financial Advisory Board (discussed at January retreat –needs to be updated) Taxes Tax rate philosophy Council / citizen concerns regarding tax money expenditures Redevelopment of TC Park Marshall Creek / Turner Lake drainage development / improvements Grant money (Federal) County assistance along with Westlake and Keller Indian Creek Extension Evaluation of a Recreation / Community Center Implementation of a Strategic Management Model Plan for Town facilities and aging infrastructure To be discussed at future date –either through next retreat or as workshop agenda item Town Council 35 of 150 Meeting Date: April 18, 2011 © 1996-2009 Priority: Transforming EDC and Evaluate Land Acquisition Opportunities RISKS •Citizen response / resistance to plans DEFINITION IDEAS OWNER: S. Seidel KEY ACTIONS •Add as an agenda item for future workshop •Educate Council on EDC law and other incentive tools for economic development •Prepare for next election on EDC •Evaluate funding options / ROI •Complete a design concept and develop long- term roadmap for economic development •Approve progressive zoning recommendations •Conduct external stakeholder education and visioning session Create an environment and funding mechanism for economic growth and development. •Limited land for development •Having two EDCs •Limited funding •Funding currently going to streets and parks Evaluate Bobcat Commercial Opps. CRITICAL ISSUES Reconstruct Existing Facilities Evaluate Potential to Consolidate EDCsCreate Public / Private Partnerships Continue to Collaborate w/ Beck on 26 Acre Dev. Buy Land to Create Retail Center Invest in Country Club Renovation Reallocate EDC Funds to More Urgent Town Needs 13Graphic by: CHALLENGES •Timing –some ideas need to move quickly •Ensuring Beck continues to participate in ED discussions •Dealing with board members with a vested interest •Funding / resources for design conceptTown Council 36 of 150 Meeting Date: April 18, 2011 © 1996-2009 Priority: Long Term Relationships with Other Local Governments RISKS •Resident reaction / acceptance of a regional model •Naysayers •Political environment •Loss of advocates / champions DEFINITION IDEAS OWNER: M. Slye KEY ACTIONS •Prepare the presentation for the regional meeting –opportunities and benefits •Confirm all Trophy Club Council and Management are unified on direction and approach •Conduct regional kick-off meeting •Identify next steps Develop relationships with other local governments to identify opportunities to optimize resources and create a regional identity. •Limited funding •Insufficient space to meet all demands •Poor image / reputation •Duplication of services •No one community can afford being a “total package” provider •Inter-organization issues •Lack of cohesion Establish Regional Brand CRITICAL ISSUES Market as Destination / Create Event Packages Establish Regional Parks BoardDevelop Public / Private Partnerships Use Hotel Occ. Tax as a Funding Mechanism Evaluate Potential Shared Services Equalize Use Fees Build a Regional Police/Fire/EMS Facility CHALLENGES • Overcoming past „baggage” •Jurisdictional issues •Getting everyone to appreciate the “gold nuggets” others have to offer •Resourcing facility management •Building alignment and buy-in •Gaining consensus on inter-local agreements •Timing 14Graphic by: Town Council 37 of 150 Meeting Date: April 18, 2011 © 1996-2009 Priority: Progressive Zoning (initially discussed at January retreat –needs to be completed) RISKS •X •X •X DEFINITION IDEAS OWNER: S. Seidel KEY ACTIONS •Xx •Xx •Xx •Xx For zoning ordinances –define what the Town wants and doesn‟t want to ensure that what development does happens is in the Town‟s best interests. •X •X •X •X •X Establish Requirements for Hotels CRITICAL ISSUES Collaborate With Beck on 26 Acre Dev. xx xx xx Streamline the Development Process Package Sales xx CHALLENGES •X •X •X •X •X 15Graphic by: Town Council 38 of 150 Meeting Date: April 18, 2011 © 1996-2009 Priority: Citizen Financial Advisory Board (CFAB) (initially discussed at January retreat –needs to be completed) RISKS •X •X •X DEFINITION IDEAS OWNER: B. Rose KEY ACTIONS •Define the purpose , duties and measureable goals of the CFAB •Identify specific projects that the CFAB will be responsible for •Define the process and rules of engagement with Town staff •Determine reporting requirements •Review above with Town Management for input and to alignment on expectations To be defined…•X •X •X •X •X Conduct Sales Tax AnalysisCRITICAL ISSUES Conduct Tax Roll Analysis xx xx Review Financial Policies and Procedures Review GFAO Requirements xx CHALLENGES •X •X •X •X •X 16Graphic by: Town Council 39 of 150 Meeting Date: April 18, 2011 Next Steps Document output of the retreat Owners of the prioritized initiatives to develop more detailed action plans Document the CFAB and Progressive Zoning initiatives in the Priority template format Review and approve the Council / Management Ground Rules Review and agree upon Council / Management roles and responsibilities Complete the first draft of scorecards Schedule periodic strategy progress reviews of scorecards and action plans Develop a communications plan 17 Town Council 40 of 150 Meeting Date: April 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-194-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/7/2011 Town Council On agenda:Final action:4/18/2011 Title:Consider and take appropriate regarding an Ordinance amending Section 1.05(B) entitled "Basis for Establishing Areas of Special Flood Hazard" of Article One entitled "Flood Damage Prevention" of Chapter Four entitled "Flood Damage Prevention" of the Code of Ordinances to include Tarrant County’s Flood Insurance Rate Maps (FIRM) dated September 25, 2009; and providing an effective date. Attachments:ORD 2011-15 Flood Ord - Adding Tarrant County.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate regarding an Ordinance amending Section 1.05(B) entitled "Basis for Establishing Areas of Special Flood Hazard" of Article One entitled "Flood Damage Prevention" of Chapter Four entitled "Flood Damage Prevention" of the Code of Ordinances to include Tarrant County’s Flood Insurance Rate Maps (FIRM) dated September 25, 2009; and providing an effective date. EXPLANATION: On April 4, 2011, the Town adopted a new floodplain ordinance and Flood Insurance Rate Maps for Denton County. On April 6, the Town was notified that Tarrant County updated the FIRM maps in September 2009 and requested that the Town of Trophy Club amend the newly adopted floodplain ordinance to include the Tarrant County maps. The attached ordinance has been amended to include Tarrant County. TOWN COUNCIL GOAL(S): Goal #4: Picturesque and Environmentally Sound Maintain neat and tidy appearance Improve property maintenance standards and code enforcement Develop / Enhance environmental and sustainability standards and programs Goal #5: Financial and Operational Stewardship Hire, develop, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Management recommends approval. Town Council 41 of 150 Meeting Date: April 18, 2011 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2011-15 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING SUBSECTION “B” ENTITLED “BASIS FOR ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD” OF SECTION 1.05 ENTITLED “GENERAL PROVISIONS” OF ARTICLE ONE ENTITLED “FLOOD DAMAGE PREVENTION” OF CHAPTER FOUR ENTITLED “FLOOD DAMAGE PREVENTION” OF THE CODE OF ORDINANCES OF THE TOWN; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING THAT ANY PERSON WHO VIOLATES THE PROVISIONS HEREOF SHALL BE GUILTY OF A CLASS C MISDEMEANOR PUNISHABLE BY A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) AND THAT EACH DAY THE VIOLATION IS ALLOWED TO EXIST OR CONTINUES TO EXIST SHALL BE A SEPARATE OFFENSE FOR EACH VIOLATION; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Texas has in the Flood Control Insurance Act, Texas Water Code, Section 16.315, delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”), is authorized and empowered by law, in accordance with the National Flood Insurance Program/Federal Emergency Management Association to regulate the development of land and property development within the Town; and, WHEREAS, due to changes in the Texas Water Code and flood plain designations, on April 4, 2011 the Town adopted a new Article 1 entitled “Flood Damage Prevention” of Chapter 4 of the Code of Ordinances of the Town; and WHEREAS, subsequent to the adoption of the new Article 1 of Chapter 4, the Town was notified by Tarrant County of the fact that updates had been made to the floodplain maps for Tarrant County on September 25, 2009 and of the need for the inclusion of those updated Tarrant County maps in the Town’s ordinance; and WHEREAS, the Town Council hereby finds that the adoption of an amendment to Subsection “B” entitled “Basis for Establishing Areas of Special Flood Hazard” of Section 1.05 entitled “General Provisions” of existing Article 1 entitled “Flood Damage Prevention” of Chapter 4 of the Code of Ordinances of the Town as set forth below is in the best interests of the health, safety and welfare of the citizens of the Town. Town Council 42 of 150 Meeting Date: April 18, 2011 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 having been found by the Town Council to be true and correct are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01 Subsection “B” entitled “Basis for Establishing Areas of Special Flood Hazard” of Section 1.05 entitled “General Provisions” of Article 1 entitled “Flood Damage Prevention” of Chapter 4 of the Code of Ordinances of the Town is hereby amended so that Section 1.05(B) shall be and read in its entirety as follows and all other provisions contained in Section 1.05 shall remain the same: “Section 1.05 General Provisions B. Basis For Establishing Areas of Special Flood Hazard The Areas of Special Flood Hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, “The Flood Insurance Study (FIS) for Denton County, Texas and Incorporated Areas,” dated April 18, 2011, with accompanying Flood Insurance Rate Maps (FIRM), dated April 18, 2011; “The Flood Insurance Study (FIS) for Tarrant County, Texas and Incorporated Areas,” dated September 25, 2009 with accompanying Flood Insurance Rate Maps (FIRM) dated September 25, 2009, and any revisions thereto are hereby adopted by reference and declared to be a part of this Ordinance.” SECTION 3. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person-violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. The penalty provided herein shall be cumulative of all other remedies available for enforcement of the provisions of this Ordinance. The remedy provided herein shall be cumulative of all other remedies authorized by law. Town Council 43 of 150 Meeting Date: April 18, 2011 SECTION 4. CUMULATIVE REPEALER CLAUSE This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 5. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of 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 6. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all Violations of the provisions of any other Ordinance affecting Flood damage prevention regulations which have secured 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 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty Clause, and Effective Date Clause 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 by copying the exact Caption and Effective Date clause in the Town Council 44 of 150 Meeting Date: April 18, 2011 minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the Town. SECTION 9. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 18th day of April, 2011. ________________________________ Connie White, Mayor Town of Trophy Club, Texas EFFECTIVE DATE: [SEAL] ATTEST: ______________________________ Shannon DePrater, Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: ______________________________ Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town Council 45 of 150 Meeting Date: April 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-210-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/13/2011 Town Council On agenda:Final action: Title:Consider and take appropriate action regarding a Resolution of the Town Council of the Town of Trophy Club, Texas, amending Resolution No. 2010-22 appointing citizens to the Boards and Commissions; providing for the appointments of citizen volunteers to serve on the Citizens Financial Advisory Board and the Ethics Commission; designating terms of service; and providing an effective date. Attachments:CFAB Applicants.pdf Ethics Applicants.pdf RES 2011-08 Amending 2010-22 - Appointments - Ethics & CFAB.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding a Resolution of the Town Council of the Town of Trophy Club, Texas, amending Resolution No. 2010-22 appointing citizens to the Boards and Commissions; providing for the appointments of citizen volunteers to serve on the Citizens Financial Advisory Board and the Ethics Commission; designating terms of service; and providing an effective date. TOWN COUNCIL GOAL(S): Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Enhance citizen volunteer opportunities Expand and promote recreational / active live style opportunities for all ages Forge collaborative relationships with other governmental and public entities Goal #4: Picturesque and Environmentally Sound Maintain neat and tidy appearance Improve property maintenance standards and code enforcement Develop / Enhance environmental and sustainability standards and programs Goal #5: Financial and Operational Stewardship Hire, develop, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service Town Council 46 of 150 Meeting Date: April 18, 2011 Town Council 47 of 150 Meeting Date: April 18, 2011 Town Council 48 of 150 Meeting Date: April 18, 2011 Town Council 49 of 150 Meeting Date: April 18, 2011 Town Council 50 of 150 Meeting Date: April 18, 2011 Town Council 51 of 150 Meeting Date: April 18, 2011 Town Council 52 of 150 Meeting Date: April 18, 2011 Town Council 53 of 150 Meeting Date: April 18, 2011 Town Council 54 of 150 Meeting Date: April 18, 2011 Town Council 55 of 150 Meeting Date: April 18, 2011 Town Council 56 of 150 Meeting Date: April 18, 2011 Town Council 57 of 150 Meeting Date: April 18, 2011 Town Council 58 of 150 Meeting Date: April 18, 2011 Town Council 59 of 150 Meeting Date: April 18, 2011 Town Council 60 of 150 Meeting Date: April 18, 2011 Town Council 61 of 150 Meeting Date: April 18, 2011 Town Council 62 of 150 Meeting Date: April 18, 2011 Town Council 63 of 150 Meeting Date: April 18, 2011 Town Council 64 of 150 Meeting Date: April 18, 2011 Town Council 65 of 150 Meeting Date: April 18, 2011 Town Council 66 of 150 Meeting Date: April 18, 2011 Town Council 67 of 150 Meeting Date: April 18, 2011 Town Council 68 of 150 Meeting Date: April 18, 2011 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2011-08 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING RESOLUTION NO. 2010-22 APPOINTING CITIZENS TO BOARDS AND COMMISSIONS; PROVIDING FOR THE APPOINTMENTS OF CITIZEN VOLUNTEERS TO SERVE ON THE CITIZENS FINANCIAL ADVISORY BOARD AND THE ETHICS COMMISSION; DESIGNATING TERMS OF SERVICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens involved in local government through service on Boards and Commissions; and WHEREAS, the Trophy Club Town Council is charged with the responsibility of making appointments to Town Boards and Commissions, and pursuant to Town policies, appointments are typically made annually to fill expiring terms unless a resignation requires the filling of a vacancy mid-year; and WHEREAS, the Town of Trophy Club previously adopted Resolution No. 2010- 22 on September 27, 2010 appointing one (1) Town Council Liaison to serve on the Economic Development Corporation 4A, appointing one (1) Town Council Liaison to serve on the Economic Development Corporation 4B, and appointing one (1) Town Council Liaison to serve on the Parks and Recreation Board; and appointing citizens to serve on EDC 4A, EDC 4B, Parks and Recreation Board, Planning and Zoning Commission, Tree Board and Zoning Board of Adjustment to fill terms expiring during the 2010-2011 fiscal year; and WHEREAS, since the passage of Resolution No. 2010-22, the Council has established additional Boards and Commissions for which it now seeks to appoint volunteers to serve and which therefore necessitate an amendment to Resolution No. 2010-22; and WHEREAS, by passage of this Resolution, the Town Council hereby amends Resolution No. 2010-22 making citizen volunteer appointments for the newly established Citizens Financial Advisory Board and Ethics Commission reaffirming current appointments. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That Resolution No. 2010-22, is amended as set forth below and that all other provisions of Resolution 2010-22 remain in effect as previously adopted by the Town Council. Town Council 69 of 150 Meeting Date: April 18, 2011 Section 2. That the Town Council hereby appoints the following individuals to serve on the Boards and Commissions specified herein with respective terms of service ending on September 30 of the year set forth below for each individual: Citizen Financial Advisory Board 1. __ (2012) 4.__ (2014) 2. __ (2013) 5.__ (2014) 3. __ (2013) Ethics Commission 1. __ (2012) 4.__ (2014) Alternate 2. __ (2013) 5.__ (2014) Alternate 3. __ (2014) Section 3. That this Resolution shall become effective from and after its date of passage in accordance with the law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, on this 18th day of April, 2011. ______________________________ Connie White, Mayor Town of Trophy Club, Texas ATTEST: ____________________________________ Shannon DePrater, Town Secretary Town of Trophy Club, Texas [Seal] APPROVED AS TO FORM: ____________________________________ Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town Council 70 of 150 Meeting Date: April 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-199-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/7/2011 Town Council On agenda:Final action:4/18/2011 Title:Consider and take appropriate action regarding a Resolution of the Town Council approving a Memorandum of Understanding by and between the Joint Regional Local Governments comprised of the Town of Trophy Club, the Town of Westlake, and the City of Roanoke in order to explore regional cooperative opportunities for the benefit of all residents of the region; and providing an effective date. Attachments:RES 2011-09 Regional MOU.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding a Resolution of the Town Council approving a Memorandum of Understanding by and between the Joint Regional Local Governments comprised of the Town of Trophy Club, the Town of Westlake, and the City of Roanoke in order to explore regional cooperative opportunities for the benefit of all residents of the region; and providing an effective date. TOWN COUNCIL GOAL(S): Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Enhance citizen volunteer opportunities Expand and promote recreational / active live style opportunities for all ages Forge collaborative relationships with other governmental and public entities Goal #4: Picturesque and Environmentally Sound Maintain neat and tidy appearance Improve property maintenance standards and code enforcement Develop / Enhance environmental and sustainability standards and programs Goal #5: Financial and Operational Stewardship Hire, develop, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service Town Council 71 of 150 Meeting Date: April 18, 2011 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2011-09 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE JOINT REGIONAL LOCAL GOVERNMENTS COMPRISED OF THE TOWN OF TROPHY CLUB, THE TOWN OF WESTLAKE, AND THE CITY OF ROANOKE IN ORDER TO EXPLORE REGIONAL COOPERATIVE OPPORTUNITIES FOR THE BENEFIT OF ALL RESIDENTS OF THE REGION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club (“Trophy Club”), the Town of Westlake (“Westlake”), and the City of Roanoke (“Roanoke”), met on March 29, 2011 and conducted a joint meeting to discuss potential regional partnerships beneficial to their respective citizens and to all citizens in the region shared by Trophy Club, Westlake, and Roanoke; and WHEREAS, Trophy Club has been presented with a Memorandum of Understanding Regarding the Joint Regional Local Governments (“JRLG”) comprised of Trophy Club, Westlake, and Roanoke (hereinafter “MOU”), a copy of which is attached hereto and incorporated herein as Exhibit “A”; and WHEREAS, Trophy Club recognizes that each of the members of the JRLG has its own unique perspective and may have differing philosophical views held by their respective policy makers and citizens on specific issues, services, and projects, as well as differing regulatory schemes; however, Trophy Club recognizes that there are numerous areas where cooperative common ground can be forged to benefit all citizens, businesses, and property owners that comprise each participating local; and WHEREAS, Trophy Club recognizes the opportunities for the pooling of resources in cooperative efforts that reduce duplication of services and/or facilities, as well as provide for efficiencies in service delivery that are of mutual benefit and serve mutual interests; and WHEREAS, the Town Council of the Town of Trophy Club has determined it beneficial to enter into the MOU with the JRLG and to pursue regional opportunities for the benefit of the public health, safety and welfare of the residents of the Town of Trophy Club and to improve, the quality of life for Trophy Club and neighboring residents; NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS Section 1. That the recitals contained in the preamble of this Resolution are determined to be true and correct and are hereby adopted as a part of this Resolution. Town Council 72 of 150 Meeting Date: April 18, 2011 Section 2. That the Memorandum of Understanding Regarding the Joint Regional Local Governments by and between Trophy Club, Westlake, and Roanoke, attached hereto as Exhibit “A”, having been reviewed by the Town Council of the Town of Trophy Club and having been found to be in the best interest of the Town of Trophy Club and its citizens. Section 3. That the Mayor or her designee is hereby authorized to execute the Memorandum of Understanding as approved by the Town Council of the Town of Trophy Club under the authority of this Resolution. Section 4. This Resolution shall become effective immediately upon its passage. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, on this 18th day of April, 2011. _________________________ Connie White, Mayor Town of Trophy Club, Texas ATTEST: _____________________________________ Shannon DePrater, Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town Council 73 of 150 Meeting Date: April 18, 2011 EXHIBIT “A” MEMORANDUM OF UNDERSTANDING REGARDING THE JOINT REGIONAL LOCAL GOVERNMENTS Town Council 74 of 150 Meeting Date: April 18, 2011 MEMORANDUM OF UNDERSTANDING REGARDING THE JOINT REGIONAL LOCAL GOVERNMENTS This Memorandum of Understanding (MOU), entered into this 18th day of April, 2011, by and between the JOINT REGIONAL LOCAL GOVERNMENTS (“JRLG”); Town of Trophy Club (“Trophy Club”), the Town of Westlake (“Westlake”), and the City of Roanoke (“Roanoke”), all three of which may collectively be referred to herein as the “JRLG”: WHEREAS, the local governments which constitute the JRLG have in the past worked cooperatively with one another, but wish to enhance that level of cooperation to the further benefit of all the citizens, businesses, and property owners located within each local government that comprise the JRLG; and WHEREAS, the JRLG recognizes and acknowledges that each local government represented in this MOU is an independent unit of local government with its own sovereignty and ability to make its own decisions; and WHEREAS, the JRLG further recognizes that each entity has its own unique perspectives and may have differing philosophical views held by their respective policy makers and citizens on specific issues, services, and projects, as well as differing regulatory schemes, but nonetheless, each understands that there are numerous areas where cooperative common ground can be forged to the benefit of all the citizens, businesses, and property owners that comprise each local government within the JRLG; and WHEREAS, the JRLG and its four local government members recognize that there are certain values that each have in common in developing policy and vision outcomes for preserving and improving the character of their contiguous boundary areas, as well as opportunities of mutual interest for pooling of resources in cooperative efforts that reduce duplication of services and/or facilities, as well as provide for efficiencies in service delivery that are of mutual benefit; and WHEREAS, as a result of current and anticipated growth and development in the communities and local governments of the JRLG, that each local government that is a party to this MOU recognizes the need for on-going, regular communication, collaboration, and exchange of information to resolve issues, deal with growth, and maintain, as well as improve, the quality of life for their respective citizens; NOW THEREFORE, in consideration of the mutual considerations and understandings of the parties, the local governments of the JRLG enter into this Memorandum of Understanding, as follows: SECTION I: PLANNING, DEVELOPMENT AND PHYSICAL GROWTH RELATED COOPERATIVE EFFORTS A. General. Each JRLG local government clearly understands the impact growth and development has played in shaping this area and each recognizes the importance of proactive, visionary planning as the chief tool to properly deal with growth. As such the JRLG agrees to work cooperatively at the both the staff and elected officials level in the following areas to improve the planning, standards, and type of future growth that the JRLG will experience in their shared boundary areas as shown on attached Exhibit A to this MOU, to include, but not be limited to the following: 1 Town Council 75 of 150 Meeting Date: April 18, 2011 1. Development Projects/Zoning Change Requests. The JRLG will notify the staff of each member of the JRLG of any development projects or zoning change requests in the areas shown in Exhibit A and allow employees of each of the local governments that comprise the JRLG to attend and make comment at development review meetings for these projects. For the purposes of this MOU, development projects shall include plats, site plans, building elevations, landscaping, and lighting. It is recognized that each member of the JRLG retains authority to make decisions regarding all development projects located in their respective jurisdiction. However, the JRLG member in whose boundaries a development project is located shall agree to extend reasonable efforts to take into consideration and deliberation the views, plans, and development standards of the other JRLG member or members in its review of development projects. 2. Traffic. The JRLG agrees to share traffic impact analysis for all development projects and/or zoning change requests for property located along the areas represented in Exhibit A as well as any traffic count information conducted for those areas. 3. Access/Traffic Signal Locations. The JRLG agrees to work to coordinate pedestrian and vehicle ingress/egress access points for all development projects located along the areas represented in Exhibit A, as well as work to coordinate intersections planned for Exhibit A and to mesh their thoroughfare/transportation plans to create intersections that optimize traffic mobility. Along State roadways shown on Exhibit A, efforts will be made to consolidate access points and require deceleration lanes to enhance safety and traffic movement on these roadways. Further, for proposed new traffic signals for intersections located in the area shown in Exhibit A, the JRLG agrees to coordinate and work towards mutual agreement for all traffic signal warrant studies and traffic signal location. 4. Storm Water. The JRLG agrees that for development projects located in Exhibit A, adequate opportunity to review storm water runoff flows from the development site will be afforded to members of the JRLG that receive those flows downstream from the subject development site and that reasonable efforts will be made to mitigate downstream impact of those storm water runoff flows including examining and discussing opportunities for regional storm water management facilities. 5. Master Plans. The JRLG agrees to work to coordinate and advise each local government comprising the JRLG of any proposed changes to their comprehensive plan for areas located in Exhibit A. These comprehensive plan changes may include, but are not limited to, the land use plan as well its subsidiary plans. Plans subsidiary to the comprehensive plan may include, but are not limited to the, thoroughfare plan (including pedestrian, bikeways, and motor vehicle), parks and open space plan (including trails), and utility master plans. JRLG members that are proposing changes to their comprehensive plan in areas located in Exhibit A shall provide affected JRLG members adequate time and opportunity to comment to their staff, governing body, and planning and zoning commission regarding these proposed changes prior to any changes being made. 6. Corridor Plans. The JRLG acknowledges that the State controlled roadways shown in Exhibit A represent significant corridors for each JRLG local government, the development of which will create a distinct visual identity and sense of place for each community. As such, these State roadways provide significant opportunities for the JRLG to develop high profile and distinctive view corridors with a strong emphasis on high aesthetic appeal and standards that feature high quality land use, architecture, landscaping, coordinated zoning, zoning overlays, and signage. The JRLG agrees to place a priority on the development Town Council 76 of 150 Meeting Date: April 18, 2011 of these corridors utilizing these tools to create this unique sense of place, as well as work to minimize with stringent aesthetic requirements, the visual impact of oil/gas drilling and production sites located in these corridors as shown in Exhibit A. 7. Streetscaping/Landscaping Plans. The JRLG recognizes the State controlled roadways shown in Exhibit A represent significant visual corridors for each JRLG local government and, as such, merit consideration as major portal/gateways into their respective community. The JRLG agree to coordinate streetscape and landscape plans for these corridors with special emphasis on coordinating streetscape and public art locations along these roadways. Streetscape treatments along these State roadways can include, but are not limited to, roadway intersections, street lighting fixtures, way finding, public art, traffic signal standards, bridges/overpasses, sidewalks, street trees, water features, and screening wall treatments. 8. Development Standards. While each JLRG local government has its own development standards, it is recognized that some standards may set a stronger visual standard than others. Where this situation occurs for development projects located in the areas shown in Exhibit A, the JRLG will strive to default to and utilize the highest standard of the JRLG members, particularly as it relates to landscaping and landscape buffer areas SECTION II: PARKS, TRAILS, AND PUBLIC FACILITY RELATED COOPERATIVE EFFORTS All JRLG local governments agree and recognize that opportunities should be continuously be pursued and identified by both staff and elected officials to collaborate on partnership opportunities for new joint parks, trails, and public building opportunities to optimize financial resources and avoid facility duplication. For that reason, the JRLG agrees to work cooperatively to coordinate development of their parks and trail systems, link each local government’s trail systems with those of other JRLG members, and pursue joint park, greenway, trail, recreation facility, and public building development opportunities. Additionally, to maximize the use of existing public assets and avoid duplication, it is agreed by the JRLG to pursue opportunities to share use of existing public buildings such as, but not limited to, gymnasiums, class rooms, libraries, community centers, recreation centers, subject to mutually agreeable terms and conditions being negotiated between the respective JRLG local governments. SECTION III: PUBLIC WORKS INFRASTRUCTURE RELATED COOPERATIVE EFFORTS The local governments of the JRLG value the pursuit of public works infrastructure projects recognizing that transportation, storm water, utility, traffic, and other such projects deal with issues and needs that extend beyond each jurisdiction’s corporate boundaries. The JRLG agrees and recognizes that opportunities should be continuously be pursued and identified by both staff and elected officials to collaborate on public works infrastructure projects and partnership opportunities for joint road, street, storm water, traffic, utility, and other opportunities to optimize financial resources and avoid infrastructure duplication. SECTION IV: JOINT SERVICE DELIVERY RELATED COOPERATIVE EFFORTS The JRLG agrees to consider and pursue opportunities for service delivery collaboration in the many areas of daily service delivery provided by the members of the JRLG including, but not limited to, street maintenance, drainage maintenance, equipment exchanges, public safety, traffic system maintenance, special events, employee benefit components, and others as may be identified. Town Council 77 of 150 Meeting Date: April 18, 2011 SECTION V: JOINT PURCHASING The JRLG agrees to identify and pursue on an on-going basis collaborative opportunities to jointly bid and/or purchase goods and services that all or some of the local governments comprising the JRLG need for service delivery. This also may include joint opportunities to sell surplus used equipment. SECTION VI: GENERAL PROVISIONS A. General. While this MOU represents a commitment by the JRLG to pursue the cooperative efforts outlined above; it shall be subject to the following: 1. Infrastructure and Development Standards. Each member of the JRLG shall retain authority to make decisions about the specific cooperative efforts described in this MOU based upon their respective infrastructure and development standards or specifications. However, in an effort to achieve uniform functionality for the roadways crossing jurisdictional boundaries and to address safety concerns for the traveling public, JRLG members agree to endeavor to develop and implement a unified standard and classification for roadways crossing jurisdictional boundaries. The parties agree that the standards set forth in the North Central Texas Council of Governments Standard Specifications for Public Works Construction will be utilized as a guide in making determinations of the scope and extent of improvements to such roadways. 2. Adequate Time for JRLG Members’ Input. The JRLG will strive, without unreasonable delay to JRLG members, to ensure that each JRLG member will be afforded reasonable early notification and involvement into the discussion of the various types of considerations outlined in this MOU thus allowing sufficient time for the JRLG members to review proposals, projects, agreements, etc. and provide comments and feedback to the approving JRLG member (i.e. - the member in whose jurisdictional boundaries the project is located). 3. Recognition of Other Existing Legal Requirements for JRLG Members. Nothing in this MOU shall be construed as limiting or affecting in any way the authority or legal responsibility of any JRLG member to act in accordance with any applicable Federal, State or local laws, regulations or requirements. Additionally, this MOU shall not be interpreted in such a way as to require that any funding or appropriations be required on the part of any party to this MOU. Nothing in this MOU shall be construed as waiving any right, defense, privilege, and/or immunity afforded any of the participating JRLG members. 4. MOU Requires Subsequent Agreements to Obligate JRLG Members. Nothing in this MOU shall obligate the JRLG or its members to obligate, budget, appropriate or transfer any funds. Specific work projects or activities that involve the transfer of funds, services, or property among the parties will require execution of separate agreements and be contingent upon the availability of appropriated funds and the approval of the governing body of the affected local government member of the JRLG. Such activities must be independently authorized by appropriate statutory authority. This MOU does not provide such authority. Negotiation, execution and administration of each such agreement must comply with all applicable statutes and regulations. 5. Future Amendments. The parties to this MOU agree that from time to time this MOU may be amended by its member local governments and where mutually agreed and Town Council 78 of 150 Meeting Date: April 18, 2011 approved by all the JRLG members existing at the time of the proposed amendment, other local governments be added as parties to this MOU and become members of the JRLG. 6. Authority to Sign This MOU. By signature, the local governments below certify that the individuals listed in this document as representatives of the local governments’ party to this MOU are authorized to act in their respective areas for matters related to this MOU and that the governing bodies of each of the local governments comprising the JRLG have each individually approved this MOU. TOWN OF TROPHY CLUB By Mayor, Connie White By Town Manager, Mike Slye ATTEST: Town Secretary, Shannon DePrater TOWN OF WESTLAKE By Mayor, Laura Wheat Town Manager, Thomas E. Brymer ATTEST: By Town Secretary, Kelly Edwards CITY OF ROANOKE By Mayor, Scooter Gierisch By City Manager, Jimmy Stathatos ATTEST: City Secretary, April Hill Town Council 79 of 150 Meeting Date: April 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-200-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/7/2011 Town Council On agenda:Final action:4/18/2011 Title:Consider and take appropriate action regarding a Resolution of the Town Council approving a Major Case Investigative Team Memorandum of Agreement pursuant to the Interlocal Cooperation Act to provide the Town with major case investigate law enforcement assistance from various local law enforcement agencies; authorizing the Town Manager and Chief of Police to execute all necessary documents; and providing an effective date. Attachments:MCIT Memo.pdf MCIT letter and MOA.pdf RES 2011-10 - Interlocal Mutual Aid Crime Investigative Team.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding a Resolution of the Town Council approving a Major Case Investigative Team Memorandum of Agreement pursuant to the Interlocal Cooperation Act to provide the Town with major case investigate law enforcement assistance from various local law enforcement agencies; authorizing the Town Manager and Chief of Police to execute all necessary documents; and providing an effective date. EXPLANATION: The Tarrant County District Attorney’s Office has initiated a project to provide multi-jurisdictional investigators to regional agencies for the purpose of investigating major crimes such as homicide or kidnapping. Participation in this team would enable TCPD to call on other agencies' investigators if needed or to assist other agencies in their investigations as our resources permit. TOWN COUNCIL GOAL(S): Goal #1: Safe and secure community. Maintain low crime rate Increase citizen awareness and involvement in crime prevention Provide superior Emergency Services Improve data security Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Enhance citizen volunteer opportunities Expand and promote recreational / active live style opportunities for all ages Forge collaborative relationships with other governmental and public entities Goal #5: Financial and Operational Stewardship Hire, develop, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Town Council 80 of 150 Meeting Date: April 18, 2011 File #: 2011-200-T, Version: 1 Management recommends approval of Resolution authorizing participation in the North Central Texas Major Crime Investigative Team. Town Council 81 of 150 Meeting Date: April 18, 2011 Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 (682) 831-4600 Fax (817) 491-9312 MEMORANDUM To: Mayor, Council, and Town Manager Date: March 30, 2011 From: Chief Kniffen Re: North Central Texas Major Case Investigative Team We are indeed fortunate that we do not experience many of the types of crimes other cities and towns experience. However, we cannot presume that we will be this fortunate forever. The investigation of a major incident such as a homicide or kidnapping quickly exhausts resources in a department our size. While we have an excellent investigative team, we do not have a sufficient number of uniquely trained investigators for something of this magnitude. The Tarrant County District Attorney has initiated a project to form a multijurisdictional task force called the North Central Texas Major Case Investigative Team. We have been invited to participate. This sharing of personnel and resources will enable us to call on experienced investigators in the event that tragedy comes calling. There is no cost to the town involved in participation in the team. If a jurisdiction outside the town needs additional investigators, we would send one of our two investigators to assist. If we need additional investigators, our needs would be met by other agencies. We have received assurances that our staffing limitations would be respected. We would remain in control of our investigators. Investigators from numerous counties and cities as well as state investigators are joining the team. Currently six counties and 43 agencies are involved in the team. I believe that this is a worthwhile concept in which we should participate. Attached you will find a letter from Mike, Adair, Assistant Chief Investigator for the Tarrant County District Attorney’s Office outlining the process for local approval and a Memorandum of Agreement authorizing the Trophy Club Police Department to participate. I respectfully recommend approval of a resolution approving our participation in this regional effort. Town Council 82 of 150 Meeting Date: April 18, 2011 To w n Co u n c i l 83 of 15 0 Me e t i n g Da t e : Ap r i l 18 , 20 1 1 To w n Co u n c i l 84 of 15 0 Me e t i n g Da t e : Ap r i l 18 , 20 1 1 To w n Co u n c i l 85 of 15 0 Me e t i n g Da t e : Ap r i l 18 , 20 1 1 To w n Co u n c i l 86 of 15 0 Me e t i n g Da t e : Ap r i l 18 , 20 1 1 To w n Co u n c i l 87 of 15 0 Me e t i n g Da t e : Ap r i l 18 , 20 1 1 To w n Co u n c i l 88 of 15 0 Me e t i n g Da t e : Ap r i l 18 , 20 1 1 To w n Co u n c i l 89 of 15 0 Me e t i n g Da t e : Ap r i l 18 , 20 1 1 To w n Co u n c i l 90 of 15 0 Me e t i n g Da t e : Ap r i l 18 , 20 1 1 To w n Co u n c i l 91 of 15 0 Me e t i n g Da t e : Ap r i l 18 , 20 1 1 To w n Co u n c i l 92 of 15 0 Me e t i n g Da t e : Ap r i l 18 , 20 1 1 To w n Co u n c i l 93 of 15 0 Me e t i n g Da t e : Ap r i l 18 , 20 1 1 To w n Co u n c i l 94 of 15 0 Me e t i n g Da t e : Ap r i l 18 , 20 1 1 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2011-10 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING A MAJOR CASE INVESTIGATIVE TEAM (“MCIT”) MEMORANDUM OF AGREEMENT PURSUANT TO THE INTERLOCAL COOPERATION ACT TO PROVIDE THE TOWN WITH MAJOR CASE INVESTIGATIVE LAW ENFORCEMENT ASSISTANCE FROM VARIOUS LOCAL LAW ENFORCEMENT AGENCIES; AUTHORIZING THE TOWN MANAGER AND CHIEF OF POLICE TO EXECUTE THE MUTUAL AID INTERLOCAL AGREEMENT AND ALL RELATED DOCUMENTS AS SET FORTH THEREIN ON BEHALF OF THE TOWN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes governmental entities to contract with each other to perform government functions and services, such as those that serve the public safety, health and welfare; and WHEREAS, The Town has been presented with a Major Case Investigative Team (“MCIT”) Memorandum of Agreement authorized by the Tarrant County Commissioners Court, a political subdivision of the State of Texas within the meaning of the Interlocal Cooperation Act, an entity with which the Town may contract, a copy of which agreement is attached hereto as Exhibit “A” (hereinafter “Memorandum of Agreement”); and WHEREAS, the proposed Memorandum of Agreement allows participating law enforcement agencies to join the MCIT which will provide those participating agencies with law enforcement assistance through access to a pool of specially trained investigators and staff that will provide a concentration of investigative resources beyond the capabilities of any individual agency for major criminal investigations such as homicide or kidnapping; and WHEREAS, upon full review and consideration of the Memorandum of Agreement and of this Resolution, and all matters attendant and related thereto, the Town Council is of the opinion that the execution of this agreement serves a valid public purpose, and that when applicable to the Town’s participation in the MCIT, all funds necessary to pay for the Town’s participation shall be paid out of current revenue legally available and shall not exceed the amount budgeted therefore in the current fiscal year budget, that the terms and conditions of the Agreement should be approved, and that the Town Manager and the Chief of Police are authorized to execute the Memorandum of Agreement and all related documents as set forth therein. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS THAT: Town Council 95 of 150 Meeting Date: April 18, 2011 Section 1. The recitals contained in the preamble of this Resolution are determined to be true and correct and are hereby adopted as a part of this Resolution. Section 2. The Town Council of the Town of Trophy Club, Texas does hereby approve and agree to enter into the Major Case Investigative Team (“MCIT”) Memorandum of Agreement, a true and correct copy of which is attached hereto and incorporated herein as Exhibit “A”. Section 3. The Town Manager and the Chief of Police of the Town of Trophy Club are hereby authorized to execute the Memorandum of Agreement and all related documents as set forth therein on behalf of the Town of Trophy Club. Section 4. This Resolution shall take effect from and after its date of passage. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 18th day of April, 2011. ______________________________ Connie White, Mayor Town of Trophy Club, Texas ATTEST: _____________________________________ Shannon DePrater, Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: ______________________________________ Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town Council 96 of 150 Meeting Date: April 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-103-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/28/2011 Town Council On agenda:Final action:3/7/2011 Title:Consider and take appropriate action regarding the acceptance or denial of the dedication of park land to satisfy the park land dedication requirement of the Town's Subdivision Regulations for the Waters Edge at Hogan’s Glen Subdivision and the Canterbury Hills Subdivision and setting forth any and all terms or conditions of acceptance. Attachments:Staff Report - TC 041811 - WEHG-Parkland.pdf Phase Plan 102407.pdf Phase Map - WEHG CH only.pdf Parkland Lot Location - Canterbury Hills.pdf Trophy Club Park - South Entrance.pdf Trophy Club Park Detail - South Entrance.pdf TCP Masterplan Final 2-14-11.pdf Appraisal - Lot 16.pdf Appraisal - Lot 17.pdf Appraisal - Lot 18.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding the acceptance or denial of the dedication of park land to satisfy the park land dedication requirement of the Town's Subdivision Regulations for the Waters Edge at Hogan’s Glen Subdivision and the Canterbury Hills Subdivision and setting forth any and all terms or conditions of acceptance. EXPLANATION: Action is requested to determine if Council is willing to accept 3 lots (1.076 acres) as park land dedication for the Canterbury Hills and Waters Edge at Hogan’s Glen subdivisions which require 5.25 acres of parkland. The Developer is providing a dedication deed for the park land and both temporary and permanent access easements to allow the Town to access the park land. TOWN COUNCIL GOAL: Goal #4: Picturesque and Environmentally Sound Maintain neat and tidy appearance Improve property maintenance standards and code enforcement Develop / Enhance environmental and sustainability standards and programs RECOMMENDATION AND JUSTIFICATION TO COUNCIL: The area of Town where Lots 16, 17, and 18 are located represent the only potential motorized access to the southern portion of Trophy Club Park. Town Council 97 of 150 Meeting Date: April 18, 2011 TOWN COUNCIL STAFF REPORT April 18, 2011 Parkland Dedication for Waters Edge at Hogan’s Glen and Canterbury Hills Subdivisions SUBJECT: Consider and take appropriate action regarding Parkland Dedication for two subdivisions – Waters Edge at Hogan’s Glen and Canterbury Hills. REQUEST: The developer of Waters Edge at Hogan’s Glen subdivision and Canterbury Hills subdivision requests Council approval to dedicate three (3) lots to the Town to fulfill the parkland dedication requirements for the two subdivisions. The parkland dedication requirements as outlined in the Town ordinances states that 1 acre of parkland is required for every 44 proposed dwelling units. On December 3, 2007, the Town Council approved a preliminary plat of 232 lots for Canterbury Hills and Waters Edge at Hogan’s Glen; one lot was designated as open space. 231 divided by 44 = 5.25 acres to fulfill the parkland requirements. In the summer of 2008, the developer approached the Town to final plat some of the lots of the two subdivisions. The Town Manager (at that time) indicated in an email to the Town Planner that the appraised value of the lots was $62,038 per acre. Per ordinance, the developer is required to provide 5.25 acres of land or $325,699.50 cash in lieu of land. ($62,038 x 5.25 = $325,699.50) The developer is asking the Council to accept Lots 16, 17 and 18, Block A, Canterbury Hills, Phase 1 as fulfillment of the 5.25 acres of parkland due for the two subdivisions. Town Council 98 of 150 Meeting Date: April 18, 2011 The square footage of each lot per the plat approved by Council on June 16, 2008, is: Lot 16 = 12,150 sq. ft. Lot 17 = 13,359 sq. ft. Lot 18 = 21,363 sq. ft. Which totals 46,872 sq. ft. or 1.076 acres (43,560 sq. ft. per acre): Attached are recent appraisals of Lots 16, 17, and 18, provided by the developer, which place the value of the three lots at a total of $448,000.00. The lots are located in the Canterbury Hills subdivision and are known as Lot 16, Lot 17, and Lot 18, Block A, Canterbury Hills, Phase 1 by plat approved by Council on June 16, 2008. This plat was not filed with Denton County and the developer did not proceed with construction of the infrastructure. Currently, the site is not accessible to the public. The area of Town where Lots 16, 17 and 18 are located represent the only potential motorized access to the southern portion of Trophy Club Park. See attachments “Trophy Club Park – South Entrance”, “Trophy Club Park Detail – South Entrance”, and “TCP Masterplan Final” for the long range development plans for this park. Attachments: Parkland Lot Location Overview Parkland Lot Location Canterbury Hills Trophy Club Park – South Entrance Trophy Club Park Detail – South Entrance TCP Masterplan Final Appraisal – Lot 16 Appraisal – Lot 17 Appraisal – Lot 18 Town Council 99 of 150 Meeting Date: April 18, 2011 To w n Co u n c i l 10 0 of 15 0 Meeting Date: April 18, 2011 Town Council 101 of 150 Meeting Date: April 18, 2011 Town Council 102 of 150 Meeting Date: April 18, 2011 Town Council 103 of 150 Meeting Date: April 18, 2011 Town Council 104 of 150 Meeting Date: April 18, 2011 Town Council 105 of 150 Meeting Date: April 18, 2011 ID E N T I F I C A T I O N NE I G H B O R H O O D SI T E MA R K E T D A T A A N A L Y S I S RE C O N C I L I A T I O N LAND APPRAISAL REPORT File No. Borrower Census Tract Map Reference Property Address City County State Zip Code Legal Description Sale Price $yrs. Property Rights AppraisedDate of Sale Loan Term Fee Leasehold De Minimis PUD Actual Real Estate Taxes $Loan charges to be paid by seller $(yr.)Other sales concessions Lender/Client Address Occupant Appraiser Instructions to Appraiser Location Urban Suburban Rural Good Avg. Fair Poor Built Up Over 75%25% to 75%Under 25%Employment Stability Growth Rate Rapid Steady SlowFully Dev.Convenience to Employment Property Values Increasing Stable Declining Convenience to Shopping Demand/Supply Shortage In Balance Over Supply Convenience to Schools Marketing Time Under 3 Mos.4-6 Mos.Over 6 Mos.Adequacy of Public Transportation Recreational FacilitiesPresent Land Use % 1 Family % 2-4 Fam % Apts.% Condo % Commercial Adequacy of Utilities% Industrial % Vacant % Property CompatibilityChange in Present Land Use Not Likely Likely (*)Taking Place (*) Protection from Detrimental Conditions(*) From To Police and Fire ProtectionPredominant Occupancy Owner Tenant % Vacant General Appearance of PropertiesSingle Family Price Range $to $Predominant Value $ Appeal to MarketSingle Family Age yrs. to yrs.Predominant Age yrs. Comments including those factors, favorable or unfavorable, affecting marketability (e.g. public parks, schools, noise) Dimensions =Corner Lot Zoning Classification Present improvements do do not conform to zoning regulations Highest and best use:Present use Other (specify) Public Other (Describe)OFF SITE IMPROVEMENTS Topo Elec.SizeStreet Access: Public Private Gas ShapeSurface Water ViewMaintenance:Public Private San. Sewer DrainageStorm Sewer Curb/Gutter Underground Elect. & Tel.Sidewalk Street Lights Is the property located in a HUD Identified Special Flood Hazard Area?No Yes Comments (favorable or unfavorable including any apparent adverse easements, encroachments or other adverse conditions) The undersigned has recited three recent sales of properties most similar and proximate to subject and has considered these in the market analysis. The description includes a dollar adjustment, reflecting market reaction to those items of significant variation between the subject and comparable properties. If a significant item in the comparable property is superior to, or more favorable than, the subject property, a minus (-) adjustment is made, thus reducing the indicated value of subject; if a significant item in the comparable is inferior to, or less favorable than, the subject property, a plus (+) adjustment is made, thus increasing the indicated value of the subject. ITEM Subject Property COMPARABLE NO. 1 COMPARABLE NO. 2 COMPARABLE NO. 3 Address Proximity to Subj. Sales Price $$$$ Unit Price $$$$ Data Source Date of Sale and DESCRIPTION DESCRIPTION + (-) $Adjustment DESCRIPTION + (-) $Adjustment DESCRIPTION + (-) $Adjustment Time Adjustment Location Site/View Site Area Sales or Financing Concessions Net Adj. (Total)Plus Minus $Plus Minus $Plus Minus $ Indicated Unit Value of Subject $$$ Comments on Market Data: Comments and Conditions of Appraisal: Final Reconciliation: I ESTIMATE THE MARKET VALUE, AS DEFINED, OF SUBJECT PROPERTY AS OF to be $, Did Did Not Physically Inspect PropertyAppraiser(s)Review Appraiser (if applicable) Signature Signature Name NameDate Date State StateLicense LicenseCertification #Certification # Summary Appraisal Report 1103060A Jeff Shirley, BDMR Development, LLC.0203.05 F11B Proposed Lot 16, Block A, Canterbury Hills, Phase 1 Trophy Club Denton TX 76262 Proposed Lot 16, Block A, Canterbury Hills, Phase 1 EMV Current Current x N/A N/A N/A BDMR Development, LLC 1221 N IH 35E, Suite 200, Carrollton, TX 75006 N/A Kevin Sharp To provide an opinion as to the market value of the above referenced real property based on the Assumptions and Limiting Conditions stated herein. x x x x x x x x x x x 65 0 0 10 x 0 25 0 x x x Vacant Single Family x x x 120,000 1M+360,000 x New 35 10 x *** See Additional Comments *** 90.00Fx135.00LSx90.00Rx135.00RS^12,150 SF +/-^ R-12 x x Residential Development Basically Level x Proposed x Typical x Proposed Concrete/Proposed Rectangular x Proposed x Typical/Backs Corp of Engineer Property x Proposed x x Assumed adequate, rely on professional engineer report x x ^^ *** See Additional Comments *** The lot size was obtained from the attached map. Rely on survey for final determination.^The subject property is within 250' of a flood zone, rely on a survey/flood certification for final determination. Lot 16, Canterbury Hills 2024 Churchill Downs Lane 2024 Churchill Downs Lane 10 Heathersone Court Trophy Club Trophy Club Trophy Club Trophy Club 0.55 Miles N 0.53 Miles N 0.32 Miles SE EMV 130,000 115,000 230,000 12.02 10.67 11.21 Inspection/Client Southwest Downs LP/Tax Records/JCI Files MLS#11343371 MLS#10850598 Current 12/13/2010 12/03/2010 07/22/2009 -10% Typ/Non-Gated/NWISD Superior/Gated/NWISD -5%Superior/Gated/NWISD -5%Superior/Gated/NWISD -5% Backs Corp of Engineers Backs Corp of Engineers Backs Corp of Engineers Backs Golf Course Proposed/12,150 SF 10,812 SF 10,777 SF 20,524 SF +10% x -5%x -5%x -5% 11.42/SF 10.14/SF 10.65/SF *** See Additional Comments *** See attached Certification of Limiting Conditions and Conditions of Appraisal in the Additional Comments. ***See Additional Comments*** The Sales Comparison Approach was considered the most reliable indicator of value and was given primary emphasis. The Cost and Income Approaches are not applicable in estimating market value of vacant land. March 14 2011 130,000 or $10.70/SF x March 29, 2011 TX x 1328990-L Jackson Claborn, Inc. Town Council 106 of 150 Meeting Date: April 18, 2011 ADDITIONAL COMMENTS File No. Property Address City County State Zip Code 1103060A Borrower or Owner Jeff Shirley, BDMR Development, LLC. Proposed Lot 16, Block A, Canterbury Hills, Phase 1 Trophy Club Denton TX 76262 Lender or Client BDMR Development, LLC Jackson Claborn, Inc. NEIGHBORHOOD DESCRIPTION The proposed subject neighborhood is located in Trophy Club, Texas, approximately 24 to 26 miles northeast of the Fort Worth Central Business District. Primary access to the neighborhood is provided by State Highway 114 located within one mile mile of the subject property. The subject property is located in a proposed community known as Canterbury Hills. Canterbury is a proposed development surround by the Corp of Engineers property. The neighborhood topography is characterized by generally flat terrain with natural and professional landscaping adding to the aesthetic appeal of the the area. Residences in the market area are approximately new to 35 years old that have been adequately maintained and considered to be in good condition. Typical properties within the subject's neighborhood are of average to luxury quality brick, stone, and/or stucco construction. The area is served by the Northwest Independent School District. At the time of the appraisal, no adverse conditions were noted. It is noted that the One-Unit Housing Trends stated are supported by the attached Marketing Condition Addendum and relate to those properties which generally compete with the subject property and may not represent the neighborhood as a whole. HIGHEST AND BEST USE A professional inspection and title policy are recommended for proper and final determination. The procedure utilized in this report to estimate highest and best use of the subject site was to consider, in sequence, the site's possible uses, its legal uses, its feasible uses, and finally the maximally productive use. Data collected and analyzed for use in the neighborhood analysis and particularly the site analysis was useful in arriving at a final conclusion. Upon considering the uses that are physically possible, legally permissible, financially feasible, and maximally productive, it is our opinion that the highest and best use, as if vacant, is for development as a single-family residence. SITE CONDITIONS The subject property is located in a Municipal Utility District, or MUD, which was created to provide utilities to the subject property and surrounding participating developments. According to the DCAD tax records, the subject is located in W03(Trophy Club MUD No. 1). This district taxes the subject property. The current rate assessment by this district may not be complete as stabilization may not be currently obtained. We assume that the current and/or future rate will be competitive for the marketplace and does not currently or will not in the future adversely affect the subject property's value and/or marketability in the marketplace. If the rate is found to be not competitive for the marketplace, at any time, we reserve the right for the re-evaluation of this appraisal. COMMENTS ON MARKET DATA Each comparable has transpired within acceptable guidelines of the past 24 months, while Sale Nos. 1 and 2 transpired within more desired guidelines of the past six months. Sale No. 3 was adjusted downward for market condition as sales in 2009 sold at higher prices relevant to recent activity. Sale No. 3 was adjusted for its inferior/larger lot size as typically larger lots sell at a lower per square foot than smaller lots. Each sale was adjusted downward for their superior gated location relative to the subject property's non-gated location. The adjusted sales price per square foot of the closed comparable sales range from $10.14/SF to $11.42/SF. This equates to a value range for the subject of $123,201 to $138,753 assuming a site size of 12,150 SF. As such, an opinion of market value for the subject property of $130,000, or $10.70/SF, is deemed appropriate and is supported by the three sales. Consideration was accorded each sale in the final value estimate. HISTORY OF THE SUBJECT PROPERTY It is noted that the subject property is not currently platted in the Denton County tax records. COMMENTS AND CONDITIONS OF APPRAISAL It must be noted that our opinions of value are subject to the following extraordinary assumptions and hypothetical conditions. In addition, within the confines of our extraordinary assumptions and hypothetical conditions shown below, we may also have included scope of work issues which may or may not necessarily be extraordinary assumptions and hypothetical conditions, yet could contribute to and influence our assignment results: All information, including lot areas and other pertinent data that was provided by Mr. Jeff Shirley of BDMR Development, LLC, City of Trophy Club, and the Denton County Appraisal District is assumed to be correct. If it is found that the information supplied to us is significantly different than our assumption, our assignment results might be affected. It is noted that the proposed subject lot is located in a proposed community known as Canterbury Hills. To my understanding the proposed subject lot is platted and approved by the city of Trophy Club, yet construction on the future development has not begun. I have been asked to provide an opinion of market value assuming that the proposed subject lot is developed and ready for construction of a single-family residence as of my inspection date on 03/17/2011. The exact location of the proposed subject lot was not accessible as the proposed lot is on raw land with no access. Hence, I further assume that the Corp of Engineer view will be an aesthetically appealing premium view for a residential lot. Finally, the proposed development is reported to be planned and platted for a upper end subdivision where homes will be constructed in the $450,000 to $700,000 range. Hence my value opinion of the proposed subject lot assumes that the information provided to me is accurate and that the subject lot is an existing lot as of my inspection/effective date of 03/17/2011 as described herein. If any of my assumptions are found to be incorrect, my assignment results could change. The improvements for the development are assumed to be concrete paved public streets, city sewer and water, and underground storm sewer system. The proposed development is assumed to have its own HOA and amenities which include park open space and park trails. The subject property is located in a Municipal Utility District, or MUD, which was created to provide utilities to the subject property and surrounding participating developments. According to the DCAD tax records, the subject is located in W03(Trophy Club MUD No. 1). This district taxes the subject property. The current rate assessment by this district may not be complete as stabilization may not be currently obtained. We assume that the current and/or future rate will be competitive for the marketplace and does not currently or will not in the future adversely affect the subject property's value and/or marketability in the marketplace. If the rate is found to be not competitive for the marketplace, at any time, we reserve the right for the re-evaluation of this appraisal. The recent crisis of the national, as well as the international, financial markets has resulted in dramatic unpredictable market volatility on Town Council 107 of 150 Meeting Date: April 18, 2011 ADDITIONAL COMMENTS File No. Property Address City County State Zip Code 1103060A Page 2 Borrower or Owner Jeff Shirley, BDMR Development, LLC. Proposed Lot 16, Block A, Canterbury Hills, Phase 1 Trophy Club Denton TX 76262 Lender or Client BDMR Development, LLC Jackson Claborn, Inc. Wall Street and thus negatively impacted the real estate capital credit markets that rely on the issuance of commercial mortgage backed securities (CMBS). This crisis has resulted in government intervention at a level not experienced since the Great Depression or within the last decade. These international current economic conditions have significantly impacted both the local, national, as well as international economies and to some degree the local commercial real estate market. As such, the future outcome of the current local economic situation, as well as economic conditions abroad make the local real estate market’s performance difficult to gauge and project. However, local and regional lending institutions appear to remain active within the subject’s market for specific projects. Therefore, we specifically assume that the financial markets will continue to function in a competitive efficient fashion. Further, we cannot be held responsible for unforeseeable events that alter market conditions. Town Council 108 of 150 Meeting Date: April 18, 2011 ID E N T I F I C A T I O N NE I G H B O R H O O D SI T E MA R K E T D A T A A N A L Y S I S RE C O N C I L I A T I O N LAND APPRAISAL REPORT File No. Borrower Census Tract Map Reference Property Address City County State Zip Code Legal Description Sale Price $yrs. Property Rights AppraisedDate of Sale Loan Term Fee Leasehold De Minimis PUD Actual Real Estate Taxes $Loan charges to be paid by seller $(yr.)Other sales concessions Lender/Client Address Occupant Appraiser Instructions to Appraiser Location Urban Suburban Rural Good Avg. Fair Poor Built Up Over 75%25% to 75%Under 25%Employment Stability Growth Rate Rapid Steady SlowFully Dev.Convenience to Employment Property Values Increasing Stable Declining Convenience to Shopping Demand/Supply Shortage In Balance Over Supply Convenience to Schools Marketing Time Under 3 Mos.4-6 Mos.Over 6 Mos.Adequacy of Public Transportation Recreational FacilitiesPresent Land Use % 1 Family % 2-4 Fam % Apts.% Condo % Commercial Adequacy of Utilities% Industrial % Vacant % Property CompatibilityChange in Present Land Use Not Likely Likely (*)Taking Place (*) Protection from Detrimental Conditions(*) From To Police and Fire ProtectionPredominant Occupancy Owner Tenant % Vacant General Appearance of PropertiesSingle Family Price Range $to $Predominant Value $ Appeal to MarketSingle Family Age yrs. to yrs.Predominant Age yrs. Comments including those factors, favorable or unfavorable, affecting marketability (e.g. public parks, schools, noise) Dimensions =Corner Lot Zoning Classification Present improvements do do not conform to zoning regulations Highest and best use:Present use Other (specify) Public Other (Describe)OFF SITE IMPROVEMENTS Topo Elec.SizeStreet Access: Public Private Gas ShapeSurface Water ViewMaintenance:Public Private San. Sewer DrainageStorm Sewer Curb/Gutter Underground Elect. & Tel.Sidewalk Street Lights Is the property located in a HUD Identified Special Flood Hazard Area?No Yes Comments (favorable or unfavorable including any apparent adverse easements, encroachments or other adverse conditions) The undersigned has recited three recent sales of properties most similar and proximate to subject and has considered these in the market analysis. The description includes a dollar adjustment, reflecting market reaction to those items of significant variation between the subject and comparable properties. If a significant item in the comparable property is superior to, or more favorable than, the subject property, a minus (-) adjustment is made, thus reducing the indicated value of subject; if a significant item in the comparable is inferior to, or less favorable than, the subject property, a plus (+) adjustment is made, thus increasing the indicated value of the subject. ITEM Subject Property COMPARABLE NO. 1 COMPARABLE NO. 2 COMPARABLE NO. 3 Address Proximity to Subj. Sales Price $$$$ Unit Price $$$$ Data Source Date of Sale and DESCRIPTION DESCRIPTION + (-) $Adjustment DESCRIPTION + (-) $Adjustment DESCRIPTION + (-) $Adjustment Time Adjustment Location Site/View Site Area Sales or Financing Concessions Net Adj. (Total)Plus Minus $Plus Minus $Plus Minus $ Indicated Unit Value of Subject $$$ Comments on Market Data: Comments and Conditions of Appraisal: Final Reconciliation: I ESTIMATE THE MARKET VALUE, AS DEFINED, OF SUBJECT PROPERTY AS OF to be $, Did Did Not Physically Inspect PropertyAppraiser(s)Review Appraiser (if applicable) Signature Signature Name NameDate Date State StateLicense LicenseCertification #Certification # Summary Appraisal Report 1103060 Jeff Shirley, BDMR Development, LLC.0203.05 F11B Proposed Lot 17, Block A, Canterbury Hills, Phase 1 Trophy Club Denton TX 76262 Proposed Lot 17, Block A, Canterbury Hills, Phase 1 EMV Current Current x N/A N/A N/A BDMR Development, LLC 1221 N IH 35E, Suite 200, Carrollton, TX 75006 N/A Kevin Sharp To provide an opinion as to the market value of the above referenced real property based on the Assumptions and Limiting Conditions stated herein. x x x x x x x x x x x 65 0 0 10 x 0 25 0 x x x Vacant Single Family x x x 120,000 1M+360,000 x New 35 10 x *** See Additional Comments *** 47.80+36.71x135.00x123.27x133.91^13,957 SF +/-^ R-12 x x Residential Development Basically Level x Proposed x Typical x Proposed Concrete/Proposed Irregular x Proposed x Typical/Backs Corp of Engineer Property x Proposed x x Assumed adequate, rely on professional engineer report x x ^^ *** See Additional Comments ***^The subject property is within 250' of a flood zone, rely on a survey/flood certification for final determination. Lot 17, Canterbury Hills 2024 Churchill Downs Lane 2024 Churchill Downs Lane 10 Heathersone Court Trophy Club Trophy Club Trophy Club Trophy Club 0.55 Miles N 0.53 Miles N 0.32 Miles SE EMV 130,000 115,000 230,000 12.02 10.67 11.21 Inspection/Client Southwest Downs LP/Tax Records/JCI Files MLS#11343371 MLS#10850598 Current 12/13/2010 12/03/2010 07/22/2009 -10% Typ/Non-Gated/NWISD Superior/Gated/NWISD -5%Superior/Gated/NWISD -5%Superior/Gated/NWISD -5% Backs Corp of Engineers Backs Corp of Engineers Backs Corp of Engineers Backs Golf Course Proposed/13,957 SF 10,812 SF 10,777 SF 20,524 SF +10% x -5%x -5%x -5% 11.42/SF 10.14/SF 10.65/SF *** See Additional Comments *** See attached Certification of Limiting Conditions and Conditions of Appraisal in the Additional Comments. ***See Additional Comments*** The Sales Comparison Approach was considered the most reliable indicator of value and was given primary emphasis. The Cost and Income Approaches are not applicable in estimating market value of vacant land. March 14 2011 148,000 or $10.60/SF x March 29, 2011 TX x 1328990-L Jackson Claborn, Inc. Town Council 109 of 150 Meeting Date: April 18, 2011 ADDITIONAL COMMENTS File No. Property Address City County State Zip Code 1103060 Borrower or Owner Jeff Shirley, BDMR Development, LLC. Proposed Lot 17, Block A, Canterbury Hills, Phase 1 Trophy Club Denton TX 76262 Lender or Client BDMR Development, LLC Jackson Claborn, Inc. NEIGHBORHOOD DESCRIPTION The proposed subject neighborhood is located in Trophy Club, Texas, approximately 24 to 26 miles northeast of the Fort Worth Central Business District. Primary access to the neighborhood is provided by State Highway 114 located within one mile mile of the subject property. The subject property is located in a proposed community known as Canterbury Hills. Canterbury is a proposed development surround by the Corp of Engineers property. The neighborhood topography is characterized by generally flat terrain with natural and professional landscaping adding to the aesthetic appeal of the the area. Residences in the market area are approximately new to 35 years old that have been adequately maintained and considered to be in good condition. Typical properties within the subject's neighborhood are of average to luxury quality brick, stone, and/or stucco construction. The area is served by the Northwest Independent School District. At the time of the appraisal, no adverse conditions were noted. It is noted that the One-Unit Housing Trends stated are supported by the attached Marketing Condition Addendum and relate to those properties which generally compete with the subject property and may not represent the neighborhood as a whole. HIGHEST AND BEST USE A professional inspection and title policy are recommended for proper and final determination. The procedure utilized in this report to estimate highest and best use of the subject site was to consider, in sequence, the site's possible uses, its legal uses, its feasible uses, and finally the maximally productive use. Data collected and analyzed for use in the neighborhood analysis and particularly the site analysis was useful in arriving at a final conclusion. Upon considering the uses that are physically possible, legally permissible, financially feasible, and maximally productive, it is our opinion that the highest and best use, as if vacant, is for development as a single-family residence. SITE CONDITIONS The subject property is located in a Municipal Utility District, or MUD, which was created to provide utilities to the subject property and surrounding participating developments. According to the DCAD tax records, the subject is located in W03(Trophy Club MUD No. 1). This district taxes the subject property. The current rate assessment by this district may not be complete as stabilization may not be currently obtained. We assume that the current and/or future rate will be competitive for the marketplace and does not currently or will not in the future adversely affect the subject property's value and/or marketability in the marketplace. If the rate is found to be not competitive for the marketplace, at any time, we reserve the right for the re-evaluation of this appraisal. COMMENTS ON MARKET DATA Each comparable has transpired within acceptable guidelines of the past 24 months, while Sale Nos. 1 and 2 transpired within more desired guidelines of the past six months. Sale No. 3 was adjusted downward for market condition as sales in 2009 sold at higher prices relevant to recent activity. Sale No. 3 was adjusted for its inferior/larger lot size as typically larger lots sell at a lower per square foot than smaller lots. Each sale was adjusted downward for their superior gated location relative to the subject property's non-gated location. The adjusted sales price per square foot of the closed comparable sales range from $10.14/SF to $11.42/SF. This equates to a value range for the subject of $141,524 to $159,388 assuming a site size of 13,957 SF. As such, an opinion of market value for the subject property of $148,000, or $10.60/SF, is deemed appropriate and is supported by the three sales. Consideration was accorded each sale in the final value estimate. HISTORY OF THE SUBJECT PROPERTY It is noted that the subject property is not currently platted in the Denton County tax records. COMMENTS AND CONDITIONS OF APPRAISAL It must be noted that our opinions of value are subject to the following extraordinary assumptions and hypothetical conditions. In addition, within the confines of our extraordinary assumptions and hypothetical conditions shown below, we may also have included scope of work issues which may or may not necessarily be extraordinary assumptions and hypothetical conditions, yet could contribute to and influence our assignment results: All information, including lot areas and other pertinent data that was provided by Mr. Jeff Shirley of BDMR Development, LLC, City of Trophy Club, and the Denton County Appraisal District is assumed to be correct. If it is found that the information supplied to us is significantly different than our assumption, our assignment results might be affected. It is noted that the proposed subject lot is located in a proposed community known as Canterbury Hills. To my understanding the proposed subject lot is platted and approved by the city of Trophy Club, yet construction on the future development has not begun. I have been asked to provide an opinion of market value assuming that the proposed subject lot is developed and ready for construction of a single-family residence as of my inspection date on 03/17/2011. The exact location of the proposed subject lot was not accessible as the proposed lot is on raw land with no access. Hence, I further assume that the Corp of Engineer view will be an aesthetically appealing premium view for a residential lot. Finally, the proposed development is reported to be planned and platted for a upper end subdivision where homes will be constructed in the $450,000 to $700,000 range. Hence my value opinion of the proposed subject lot assumes that the information provided to me is accurate and that the subject lot is an existing lot as of my inspection/effective date of 03/17/2011 as described herein. If any of my assumptions are found to be incorrect, my assignment results could change. The improvements for the development are assumed to be concrete paved public streets, city sewer and water, and underground storm sewer system. The proposed development is assumed to have its own HOA and amenities which include park open space and park trails. The subject property is located in a Municipal Utility District, or MUD, which was created to provide utilities to the subject property and surrounding participating developments. According to the DCAD tax records, the subject is located in W03(Trophy Club MUD No. 1). This district taxes the subject property. The current rate assessment by this district may not be complete as stabilization may not be currently obtained. We assume that the current and/or future rate will be competitive for the marketplace and does not currently or will not in the future adversely affect the subject property's value and/or marketability in the marketplace. If the rate is found to be not competitive for the marketplace, at any time, we reserve the right for the re-evaluation of this appraisal. The recent crisis of the national, as well as the international, financial markets has resulted in dramatic unpredictable market volatility on Town Council 110 of 150 Meeting Date: April 18, 2011 ADDITIONAL COMMENTS File No. Property Address City County State Zip Code 1103060 Page 2 Borrower or Owner Jeff Shirley, BDMR Development, LLC. Proposed Lot 17, Block A, Canterbury Hills, Phase 1 Trophy Club Denton TX 76262 Lender or Client BDMR Development, LLC Jackson Claborn, Inc. Wall Street and thus negatively impacted the real estate capital credit markets that rely on the issuance of commercial mortgage backed securities (CMBS). This crisis has resulted in government intervention at a level not experienced since the Great Depression or within the last decade. These international current economic conditions have significantly impacted both the local, national, as well as international economies and to some degree the local commercial real estate market. As such, the future outcome of the current local economic situation, as well as economic conditions abroad make the local real estate market’s performance difficult to gauge and project. However, local and regional lending institutions appear to remain active within the subject’s market for specific projects. Therefore, we specifically assume that the financial markets will continue to function in a competitive efficient fashion. Further, we cannot be held responsible for unforeseeable events that alter market conditions. Town Council 111 of 150 Meeting Date: April 18, 2011 ID E N T I F I C A T I O N NE I G H B O R H O O D SI T E MA R K E T D A T A A N A L Y S I S RE C O N C I L I A T I O N LAND APPRAISAL REPORT File No. Borrower Census Tract Map Reference Property Address City County State Zip Code Legal Description Sale Price $yrs. Property Rights AppraisedDate of Sale Loan Term Fee Leasehold De Minimis PUD Actual Real Estate Taxes $Loan charges to be paid by seller $(yr.)Other sales concessions Lender/Client Address Occupant Appraiser Instructions to Appraiser Location Urban Suburban Rural Good Avg. Fair Poor Built Up Over 75%25% to 75%Under 25%Employment Stability Growth Rate Rapid Steady SlowFully Dev.Convenience to Employment Property Values Increasing Stable Declining Convenience to Shopping Demand/Supply Shortage In Balance Over Supply Convenience to Schools Marketing Time Under 3 Mos.4-6 Mos.Over 6 Mos.Adequacy of Public Transportation Recreational FacilitiesPresent Land Use % 1 Family % 2-4 Fam % Apts.% Condo % Commercial Adequacy of Utilities% Industrial % Vacant % Property CompatibilityChange in Present Land Use Not Likely Likely (*)Taking Place (*) Protection from Detrimental Conditions(*) From To Police and Fire ProtectionPredominant Occupancy Owner Tenant % Vacant General Appearance of PropertiesSingle Family Price Range $to $Predominant Value $ Appeal to MarketSingle Family Age yrs. to yrs.Predominant Age yrs. Comments including those factors, favorable or unfavorable, affecting marketability (e.g. public parks, schools, noise) Dimensions =Corner Lot Zoning Classification Present improvements do do not conform to zoning regulations Highest and best use:Present use Other (specify) Public Other (Describe)OFF SITE IMPROVEMENTS Topo Elec.SizeStreet Access: Public Private Gas ShapeSurface Water ViewMaintenance:Public Private San. Sewer DrainageStorm Sewer Curb/Gutter Underground Elect. & Tel.Sidewalk Street Lights Is the property located in a HUD Identified Special Flood Hazard Area?No Yes Comments (favorable or unfavorable including any apparent adverse easements, encroachments or other adverse conditions) The undersigned has recited three recent sales of properties most similar and proximate to subject and has considered these in the market analysis. The description includes a dollar adjustment, reflecting market reaction to those items of significant variation between the subject and comparable properties. If a significant item in the comparable property is superior to, or more favorable than, the subject property, a minus (-) adjustment is made, thus reducing the indicated value of subject; if a significant item in the comparable is inferior to, or less favorable than, the subject property, a plus (+) adjustment is made, thus increasing the indicated value of the subject. ITEM Subject Property COMPARABLE NO. 1 COMPARABLE NO. 2 COMPARABLE NO. 3 Address Proximity to Subj. Sales Price $$$$ Unit Price $$$$ Data Source Date of Sale and DESCRIPTION DESCRIPTION + (-) $Adjustment DESCRIPTION + (-) $Adjustment DESCRIPTION + (-) $Adjustment Time Adjustment Location Site/View Site Area Sales or Financing Concessions Net Adj. (Total)Plus Minus $Plus Minus $Plus Minus $ Indicated Unit Value of Subject $$$ Comments on Market Data: Comments and Conditions of Appraisal: Final Reconciliation: I ESTIMATE THE MARKET VALUE, AS DEFINED, OF SUBJECT PROPERTY AS OF to be $, Did Did Not Physically Inspect PropertyAppraiser(s)Review Appraiser (if applicable) Signature Signature Name NameDate Date State StateLicense LicenseCertification #Certification # Summary Appraisal Report 1103060B Jeff Shirley, BDMR Development, LLC.0203.05 F11B Proposed Lot 18, Block A, Canterbury Hills, Phase 1 Trophy Club Denton TX 76262 Proposed Lot 18, Block A, Canterbury Hills, Phase 1 EMV Current Current x N/A N/A N/A BDMR Development, LLC 1221 N IH 35E, Suite 200, Carrollton, TX 75006 N/A Kevin Sharp To provide an opinion as to the market value of the above referenced real property based on the Assumptions and Limiting Conditions stated herein. x x x x x x x x x x x 65 0 0 10 x 0 25 0 x x x Vacant Single Family x x x 120,000 1M+360,000 x New 35 10 x *** See Additional Comments *** 69.46x133.91x90.90x162.30x127.25^18,000 SF +/-^ R-12 x x Residential Development Basically Level x Proposed x Typical x Proposed Concrete/Proposed Irregular x Proposed x Typical/Backs Corp of Engineer Property x Proposed x x Assumed adequate, rely on professional engineer report x x ^^ *** See Additional Comments *** The lot size was obtained from the attached map. Rely on survey for final determination.^The subject property is within 250' of a flood zone, rely on a survey/flood certification for final determination. Lot 18, Canterbury Hills 2024 Churchill Downs Lane 2024 Churchill Downs Lane 10 Heathersone Court Trophy Club Trophy Club Trophy Club Trophy Club 0.55 Miles N 0.53 Miles N 0.32 Miles SE EMV 130,000 115,000 230,000 12.02 10.67 11.21 Inspection/Client Southwest Downs LP/Tax Records/JCI Files MLS#11343371 MLS#10850598 Current 12/13/2010 12/03/2010 07/22/2009 -10% Typ/Non-Gated/NWISD Superior/Gated/NWISD -5%Superior/Gated/NWISD -5%Superior/Gated/NWISD -5% Backs Corp of Engineers Backs Corp of Engineers Backs Corp of Engineers Backs Golf Course Proposed/18,000 SF 10,812 SF -10% 10,777 SF -10% 20,524 SF x -15%x -15%x -15% 10.22/SF 9.07/SF 9.53/SF *** See Additional Comments *** See attached Certification of Limiting Conditions and Conditions of Appraisal in the Additional Comments. ***See Additional Comments*** The Sales Comparison Approach was considered the most reliable indicator of value and was given primary emphasis. The Cost and Income Approaches are not applicable in estimating market value of vacant land. March 14 2011 170,000 or $9.44/SF x March 29, 2011 TX x 1328990-L Jackson Claborn, Inc. Town Council 112 of 150 Meeting Date: April 18, 2011 ADDITIONAL COMMENTS File No. Property Address City County State Zip Code 1103060B Borrower or Owner Jeff Shirley, BDMR Development, LLC. Proposed Lot 18, Block A, Canterbury Hills, Phase 1 Trophy Club Denton TX 76262 Lender or Client BDMR Development, LLC Jackson Claborn, Inc. NEIGHBORHOOD DESCRIPTION The proposed subject neighborhood is located in Trophy Club, Texas, approximately 24 to 26 miles northeast of the Fort Worth Central Business District. Primary access to the neighborhood is provided by State Highway 114 located within one mile mile of the subject property. The subject property is located in a proposed community known as Canterbury Hills. Canterbury is a proposed development surround by the Corp of Engineers property. The neighborhood topography is characterized by generally flat terrain with natural and professional landscaping adding to the aesthetic appeal of the the area. Residences in the market area are approximately new to 35 years old that have been adequately maintained and considered to be in good condition. Typical properties within the subject's neighborhood are of average to luxury quality brick, stone, and/or stucco construction. The area is served by the Northwest Independent School District. At the time of the appraisal, no adverse conditions were noted. It is noted that the One-Unit Housing Trends stated are supported by the attached Marketing Condition Addendum and relate to those properties which generally compete with the subject property and may not represent the neighborhood as a whole. HIGHEST AND BEST USE A professional inspection and title policy are recommended for proper and final determination. The procedure utilized in this report to estimate highest and best use of the subject site was to consider, in sequence, the site's possible uses, its legal uses, its feasible uses, and finally the maximally productive use. Data collected and analyzed for use in the neighborhood analysis and particularly the site analysis was useful in arriving at a final conclusion. Upon considering the uses that are physically possible, legally permissible, financially feasible, and maximally productive, it is our opinion that the highest and best use, as if vacant, is for development as a single-family residence. SITE CONDITIONS The subject property is located in a Municipal Utility District, or MUD, which was created to provide utilities to the subject property and surrounding participating developments. According to the DCAD tax records, the subject is located in W03(Trophy Club MUD No. 1). This district taxes the subject property. The current rate assessment by this district may not be complete as stabilization may not be currently obtained. We assume that the current and/or future rate will be competitive for the marketplace and does not currently or will not in the future adversely affect the subject property's value and/or marketability in the marketplace. If the rate is found to be not competitive for the marketplace, at any time, we reserve the right for the re-evaluation of this appraisal. COMMENTS ON MARKET DATA Each comparable has transpired within acceptable guidelines of the past 24 months, while Sale Nos. 1 and 2 transpired within more desired guidelines of the past six months. Sale No. 3 was adjusted downward for market condition as sales in 2009 sold at higher prices relevant to recent activity. Each sale was adjusted downward for their superior gated location relative to the subject property's non-gated location. Sale Nos. 1 and 2 were adjusted for their superior/smaller lot size as typically smaller lots sell at a higher price per square foot than larger lots. The adjusted sales price per square foot of the closed comparable sales range from $9.07/SF to $10.22/SF. This equates to a value range for the subject of $163,260 to $183,960 assuming a site size of 18,000 SF. As such, an opinion of market value for the subject property of $170,000, or $9.44/SF, is deemed appropriate and is supported by the three sales. Consideration was accorded each sale in the final value estimate. HISTORY OF THE SUBJECT PROPERTY It is noted that the subject property is not currently platted in the Denton County tax records. COMMENTS AND CONDITIONS OF APPRAISAL It must be noted that our opinions of value are subject to the following extraordinary assumptions and hypothetical conditions. In addition, within the confines of our extraordinary assumptions and hypothetical conditions shown below, we may also have included scope of work issues which may or may not necessarily be extraordinary assumptions and hypothetical conditions, yet could contribute to and influence our assignment results: All information, including lot areas and other pertinent data that was provided by Mr. Jeff Shirley of BDMR Development, LLC, City of Trophy Club, and the Denton County Appraisal District is assumed to be correct. If it is found that the information supplied to us is significantly different than our assumption, our assignment results might be affected. It is noted that the proposed subject lot is located in a proposed community known as Canterbury Hills. To my understanding the proposed subject lot is platted and approved by the city of Trophy Club, yet construction on the future development has not begun. I have been asked to provide an opinion of market value assuming that the proposed subject lot is developed and ready for construction of a single-family residence as of my inspection date on 03/17/2011. The exact location of the proposed subject lot was not accessible as the proposed lot is on raw land with no access. Hence, I further assume that the Corp of Engineer view will be an aesthetically appealing premium view for a residential lot. Finally, the proposed development is reported to be planned and platted for a upper end subdivision where homes will be constructed in the $450,000 to $700,000 range. Hence my value opinion of the proposed subject lot assumes that the information provided to me is accurate and that the subject lot is an existing lot as of my inspection/effective date of 03/17/2011 as described herein. If any of my assumptions are found to be incorrect, my assignment results could change. The improvements for the development are assumed to be concrete paved public streets, city sewer and water, and underground storm sewer system. The proposed development is assumed to have its own HOA and amenities which include park open space and park trails. The subject property is located in a Municipal Utility District, or MUD, which was created to provide utilities to the subject property and surrounding participating developments. According to the DCAD tax records, the subject is located in W03(Trophy Club MUD No. 1). This district taxes the subject property. The current rate assessment by this district may not be complete as stabilization may not be currently obtained. We assume that the current and/or future rate will be competitive for the marketplace and does not currently or will not in the future adversely affect the subject property's value and/or marketability in the marketplace. If the rate is found to be not competitive for the marketplace, at any time, we reserve the right for the re-evaluation of this appraisal. The recent crisis of the national, as well as the international, financial markets has resulted in dramatic unpredictable market volatility on Wall Street and thus negatively impacted the real estate capital credit markets that rely on the issuance of commercial mortgage backed Town Council 113 of 150 Meeting Date: April 18, 2011 ADDITIONAL COMMENTS File No. Property Address City County State Zip Code 1103060B Page 2 Borrower or Owner Jeff Shirley, BDMR Development, LLC. Proposed Lot 18, Block A, Canterbury Hills, Phase 1 Trophy Club Denton TX 76262 Lender or Client BDMR Development, LLC Jackson Claborn, Inc. securities (CMBS). This crisis has resulted in government intervention at a level not experienced since the Great Depression or within the last decade. These international current economic conditions have significantly impacted both the local, national, as well as international economies and to some degree the local commercial real estate market. As such, the future outcome of the current local economic situation, as well as economic conditions abroad make the local real estate market’s performance difficult to gauge and project. However, local and regional lending institutions appear to remain active within the subject’s market for specific projects. Therefore, we specifically assume that the financial markets will continue to function in a competitive efficient fashion. Further, we cannot be held responsible for unforeseeable events that alter market conditions. Town Council 114 of 150 Meeting Date: April 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-202-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/7/2011 Town Council On agenda:Final action:4/18/2011 Title:Consider and take appropriate action regarding financial and variance report dated March 2011. Attachments:March 2011 Monthly Financials.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding financial and variance report dated March 2011. TOWN COUNCIL GOAL(S): Goal #5: Financial and Operational Stewardship Hire, develop, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service Town Council 115 of 150 Meeting Date: April 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-204-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/7/2011 Town Council On agenda:Final action:4/18/2011 Title:Town Manager Slye's update regarding the following; discussion of the same. - Oncor Rate Case Settlement Update - Finance Director Position Update - Highway 114/170 Project Update - Trophy Club Women's Club April 13, 2011 Meeting Update - TML IEBP Meeting, April 20-22, 2011 - TML Budgeting for Performance for Small Cities Seminar, April 29, 2011 Attachments:2011 04 11 Settlement Agreement in Oncor Rate Case.PDF Action ByDate Action ResultVer. TITLE Town Manager Slye's update regarding the following; discussion of the same. - Oncor Rate Case Settlement Update - Finance Director Position Update - Highway 114/170 Project Update - Trophy Club Women's Club April 13, 2011 Meeting Update - TML IEBP Meeting, April 20-22, 2011 - TML Budgeting for Performance for Small Cities Seminar, April 29, 2011 Town Council 116 of 150 Meeting Date: April 18, 2011 Town Council 117 of 150 Meeting Date: April 18, 2011 Town Council 118 of 150 Meeting Date: April 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-203-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/7/2011 Town Council On agenda:Final action:4/18/2011 Title:Town Council Liaison Updates; discussion of same: - April 12, 2011 Parks & Recreation Board - Council member Hoover Attachments: Action ByDate Action ResultVer. TITLE Town Council Liaison Updates; discussion of same: - April 12, 2011 Parks & Recreation Board - Council member Hoover Town Council 119 of 150 Meeting Date: April 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-205-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/7/2011 Town Council On agenda:Final action:4/18/2011 Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - April Chamber Luncheon - Medal of Honor Escort - Trek & Toss Trail Opening - Community Clean Up Event - Northeast Leadership - Congressman Burgess' Annual Emergency Preparedness Summit - Easter Eggstravaganza Attachments: Action ByDate Action ResultVer. TITLE Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - April Chamber Luncheon - Medal of Honor Escort - Trek & Toss Trail Opening - Community Clean Up Event - Northeast Leadership - Congressman Burgess' Annual Emergency Preparedness Summit - Easter Eggstravaganza Town Council 120 of 150 Meeting Date: April 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-206-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/7/2011 Town Council On agenda:Final action:4/18/2011 Title:Items for Future Agendas. Attachments:Future Agenda Items List.pdf Action ByDate Action ResultVer. TITLE Items for Future Agendas. Town Council 121 of 150 Meeting Date: April 18, 2011 Town of Trophy Club Town Council Future Agenda Items List 1. Consider and take appropriate action regarding an Ordinance amending Chapter 3 of the Code of Ordinances entitled "Buildings and Construction" of Article XV, entitled "Swimming Pools. (Rose, 2/1/10) 2. Consider and take appropriate action regarding procurement policies and their alignment with State statutes. (Rose, 2/1/10) 3. Consider and take appropriate action regarding placing policies and procedures on the Town web site. (Rose, 2/1/10) 4. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and Production (Rose, 4/26/10) 5. Staff update regarding Marshall Branch Creek area located North of HWY114; discussion and action of the same. (Stotts, 6/21/10) 6. Staff proposal regarding the amenity lakes, including associated costs to accept the amenity lakes from the developer. (Stotts, 10/4/10) 7. Consider and take appropriate action regarding Planning & Zoning readiness if Local Option Election Petition is successful. (Cantrell, 1/3/11) 8. Explore the feasibility of combining the EDCs and improved ways of expending EDC funds. (Strother, 2/24/2011) 9. Consider and take appropriate action regarding the creation of a “Going Green” initiative throughout the Town. (White, 2/24/2011) Town Council 122 of 150 Meeting Date: April 18, 2011 Supplemental Information Town Council 123 of 150 Meeting Date: April 18, 2011 1 Ac t i v i t y Ja n u a r y Fe b r u a r y Ma r c h Ap r i l Ma y Ju n e Ju l y Au g u s t Se p t e m b e r Oc t o b e r No v e m b e r December Total Ac c i d e n t s - M i n o r 2 2 2 6 Ac c i d e n t s - M a j o r 1 0 0 1 Ac c i d e n t - H i t & R u n 3 1 0 4 As s a u l t s 1 1 0 2 Bu r g l a r A l a r m s 21 20 21 62 Bu r g l a r y I n P r o g r e s s 1 3 1 5 Bu r g l a r y I n v e s t i g a t i o n s 2 0 4 6 Su s p i c i o u s A c t i v i t y 8 9 1 3 30 De c e a s e d P e r s o n 0 1 0 1 E. D . P . 0 0 0 0 Di s t u b a n c e 13 5 5 23 Do m e s t i c D i s t u r b a n c e 6 8 3 17 An i m a l C o m p l a i n t 32 55 35 122 In t o x . P e r s o n 4 1 2 7 Bu r g . M o t o r V e h i c l e 2 0 2 4 Fi g h t 0 0 0 0 D. W . I . 0 0 0 0 As s i s t F i r e D e p t . 5 14 1 20 Bi c y c l e P a t r o l 0 0 0 0 As s i s t E M S 10 5 3 18 Me e t C o m p l a i n a n t 15 8 12 35 Pa r k i n g V i o l a t i o n 11 4 29 69 212 Tr a f f i c S t o p 28 0 18 0 27 5 735 Pe r s o n w / A G u n 1 0 0 1 Pr i s o n e r D e t a i l 0 0 1 1 Ro b b e r y 0 0 0 0 Pr o w l e r 1 0 0 1 Su s p i c i o u s P e r s o n 6 1 9 16 Su s p i c i o u s V e h i c l e 16 9 15 40 Th e f t I n v e s t i g a t i o n 10 0 12 22 Po l i c e D e p a r t m e n t S t a t s - 2 0 1 1 To w n Co u n c i l 12 4 of 15 0 Meeting Date: April 18, 2011 2 Ab a n d o n d V e h i c l e 1 0 0 1 Ab a n d o n d / F o u n d P r o p e r t y 0 0 2 2 Co u r t 0 0 1 1 Es c o r t 0 0 3 3 Eq u i p m e n t S e r v i c e 5 6 9 20 In f o r m a t i o n 5 3 5 13 Cr i m i n a l M i s c h i e f 3 6 6 15 Mi s s i n g P e r s o n 1 1 1 3 Op e n D o o r 9 5 8 22 Ar r e s t 6 13 12 31 St o l e n V e h i c l e 0 1 0 1 As s i s t C i t i z e n 3 3 1 7 As s i s t O f f i c e r 45 52 49 146 Ci t y O r d . V i o l a t i o n 27 10 19 56 Ci v i l S t a n d b y 2 0 0 2 Cr i m i n a l T r e s p a s s 2 0 0 2 Fo l l o w U p 10 11 8 29 Fo r g e r y 1 3 1 5 Ki d n a p p i n g 0 0 0 0 Ha r a s s m e n t 1 1 1 3 Pr e m i s e C h e c k 99 93 12 7 319 Ru n a w a y 0 0 1 1 Sp e c i a l A s s i g n m e n t 18 16 16 50 Su i c i d e / T h r e a t 1 0 0 1 Su r v e i l l a n c e 0 0 1 1 Tr a f f i c D e t a i l 0 1 9 10 Tr a i n i n g 22 26 17 65 Wa r r a n t S e r v i c e 1 1 8 10 Wr i t e R e p o r t 17 15 9 41 Cr i m e P r e v e n t i o n 6 0 8 14 De l i v e r P a c k e t s 17 2 10 29 Fo o t P a t r o l 56 78 58 192 Ho u s e / B u s i n e s s C h e c k 13 6 10 6 14 7 389 To w n Co u n c i l 12 5 of 15 0 Meeting Date: April 18, 2011 3 Na r c o t i c s V i o l a t i o n 0 3 2 5 Te r r o r i s t i c T h r e a t 0 0 0 0 Cr i m e s A g a i n s t C h i l d r e n 0 1 0 1 Wa r r a n t I n d i c a t e d 0 0 0 0 As s i s t M o t o r i s t 4 15 7 26 Ve h i c l e C o m p l a i n t 6 8 7 21 As s i s t O t h e r A g e n c y 10 6 7 23 Ju v e n i l e C o m p l a i n t 3 7 4 14 Sc h o o l R e l a t e d 15 48 52 115 91 1 H a n g U p 2 4 3 9 Ad m i n D u t y 88 92 91 271 Id e n t i t y T h e f t 0 3 4 7 We l f a r e C o n c e r n 6 6 3 15 Cl o s e P a t r o l s 20 1 10 7 52 9 837 To t a l N u m b e r o f C a l l s 1, 3 8 3 1, 1 0 5 1, 7 3 1 0 0 0 0 0 0 0 0 0 4,219 To w n Co u n c i l 12 6 of 15 0 Meeting Date: April 18, 2011 1 April 1, 2011 Number 13 FEDERAL JUDGE DECIDES OPEN MEETINGS ACT CHALLENGE Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman. [City officials] do not violate the TOMA when the communication with their fellow city council members…[takes place]…one-on-one by phone or e-mail about public business outside of a quorum.” On March 25, Judge Robert Junell of the United States District Court for the Western District of Texas issued his much-anticipated decision in Diana Asgeirsson v. Greg Abbott and the State of Texas. The case is commonly referred to as “Alpine II” or “TOMA II,” and is the second challenge brought by several city councilmembers who claim that the criminal closed meeting provision of the Texas Open Meetings Act (Act) unconstitutionally infringes on their right to freedom of speech. In short, the city officials lost. Specifically, Judge Junell ruled that the Act is – in legal terms – a valid “time, place, and manner restriction.” In other words, he concluded that the Act does not limit what city officials can say, but merely limits when and where they can say it (e.g., at a properly posted open meeting). The plaintiffs in TOMA II – city officials and a number of cities – filed their lawsuit at the end of 2009. In February 2010, the attorney general brought a motion to dismiss the cities as plaintiffs. The court granted DON’T MISS THE LEAGUE’S 2011 LEGISLATIVE WORKSHOPS The League is pleased to offer live and online seminars regarding the 2011 legislative session:  Online on April 15.  Online on May 13.  Live in Austin on June 27. Please go to www.tml.org and click on “Training.” Town Council 127 of 150 Meeting Date: April 18, 2011 2 the motion in July 2010, concluding that “when a political subdivision sues its state creator on constitutional grounds, [a determination of whether the city has standing] requires an analysis of the constitutional provisions involved in the case. If a provision is ‘written to protect individual rights, as opposed to collective or structural rights,’ it does not apply to the political subdivision and, therefore, the subdivision may not bring the claim against its own state.” Of course, the individual city officials were not dismissed from the lawsuit, and a bench trial was held in November 2010. Several city officials and a League attorney testified at the trial. In its decision, the court acknowledged the difficulty in balancing a public official’s right to freedom of speech and the citizens’ right to open meetings. In doing so, however, it cited to U.S. Supreme Court precedent holding that “the principal inquiry in determining content neutrality…is whether the government has adopted a regulation of speech because of disagreement with the message it conveys.” The court concluded that the Act is a “permissible time, place, and manner restriction” because it is not based upon either the content or subject matter of the speech: Plaintiffs are simply asked to limit their group discussions about these ideas to forums in which the public may participate. Thus, at no point are members of governmental bodies…prevented from speaking. Public officials are allowed to talk about any topic they please…[and are only required] to disclose their speech to their constituents. Content-neutral statutes (like the Act, according to the court) that minimally affect speech rights are examined under a legal standard known as “intermediate scrutiny.” Under intermediate scrutiny, content- neutral laws must: (1) leave open ample alternative channels of communication; and (2) be narrowly tailored to serve a significant government interest. Strangely, the court concluded that the Act meets criteria (1) because a council that holds an illegal closed meeting can correct its violation at a subsequent open meeting. In a civil law context, that conclusion might make sense. But in the criminal law sense, it is an odd conclusion indeed. Why? Because once the closed meeting is held, by accident or otherwise, the elements of the crime have been met. A public official is then subject to prosecution, period. As for whether the Act meets criteria (2), the court once again hung its hat on a flimsy hook. The court concluded that, because a city official can rely on a court order, an attorney general opinion, or the opinion of the city attorney regarding the Act’s application, he is protected from prosecution for actions that might otherwise be crimes under the Act. That may be somewhat true, but not entirely so. The Act does provide an affirmative defense to prosecution for reliance on those things, but that does not prohibit a prosecutor from seeking an indictment and even moving forward with a trial. At trial, some city councilmembers testified that the Act suppresses their speech at social functions. Others testified that they don’t talk to each other – even individually – outside of open meetings because of the fear of establishing a “walking quorum.” Many public officials clearly have these worries. The court dismissed their fears by quoting from the Act, which provides that, if a quorum attends a social function and does not take formal action or more than incidentally discuss public business, the Act does not apply. The court further stated that city councilmembers “can even discuss public business one-on-one with their fellow city council members as long as they do not knowingly conspire to circumvent the [Act].” That conclusion neglects to take into account the broad interpretations of the Act by the attorney general and some prosecutors. The court’s dismissal of their concerns will likely be little consolation to city Town Council 128 of 150 Meeting Date: April 18, 2011 3 councilmembers who still scratch their heads over how to conduct city business without running afoul of the Act. The attorney general has released a press release and newspaper editorials have and will continue to appear in droves over the coming days proclaiming a victory for “government in the sunshine.” But well- intentioned city officials probably remain in the same place they were before: the only 100-percent safe way to avoid criminal prosecution under the Act is not to speak to other members of their governmental body except at a properly posted open meeting. For a detailed paper on the case, please go to http://www.tml.org/legal_pdf/TOMA-II_paper.pdf. METROPLEX MAYORS SEND STATE BUDGET LETTER TO LEGISLATIVE LEADERS The mayors of Arlington, Dallas, and Fort Worth sent the following letter to state legislative leaders expressing their concerns with the state budget. It is reprinted here with permission. March 30, 2011 Governor Rick Perry Lt. Governor David Dewhurst Speaker Joe Straus Dear Governor Perry, Lt. Governor Dewhurst and Speaker Straus: As mayors of major Texas cities, we understand the challenge of balancing the budget in these difficult economic times. Property values in Dallas, Fort Worth and Arlington have fallen dramatically, as have sales tax revenues. Even with these challenges, we’ve balanced our budgets, and now we ask that you not pass the buck as you balance yours. Our cities have undergone a painful process as we have been forced into difficult, unpopular decisions to make ends meet. For example, we have eliminated between 6% to 18% of our civilian workforce and reduced the salaries of remaining employees. We have consolidated departments and cut our management support structure. Since 2008, we have cut library services, hours and activities at public pools and parks, and support for cultural programs. We have tapped into our fund balances and other dedicated funds. Our cities have found creative ways to deliver services, such as consolidating public health services with the county, partnering with the private sector, and outsourcing operations. Even with these efforts, we have been forced to reduce some of our most basic services, such as street maintenance and code compliance. Though only one state in the country provides less financial assistance to cities than Texas, we are not requesting such assistance. We ask only that the State balance its budget in a transparent and thoughtful Town Council 129 of 150 Meeting Date: April 18, 2011 4 manner that does not pass the cost along to cities in the form of unfunded mandates, hidden fees, or increased expropriation of city-generated revenues. We worry that the State is balancing its budget at the expense of cities. Every dollar that the State takes from cities is one less dollar spent on important local services, such as public safety and infrastructure, upon which our businesses and economy depend. There is a troubling contradiction when a state complains that the federal government inappropriately passes down expenses and program responsibilities, while that state itself operates in precisely the same way with respect to its own local governments. For example, the State Comptroller of Texas keeps 2% of all city sales tax revenues to cover ‘costs of administration’. In most other states, the administrative cost is capped at 1% or less. In Texas, this 2% totals more than $100 million of taxes that were approved by local referendum for police officers, street repairs, water systems, and safe neighborhoods. In 2009, the State once again required cities to act as its tax collector to fund the Texas Commission on Environmental Quality by increasing fees on cities by more than $20 million. Local contribution to the construction and maintenance of the state highway system has increased 44% since 2007. Additionally, the State has demanded a greater share of locally collected traffic fines, which decreases the amount available for cities to fund our criminal justice system. In the current Legislative Session, the State is proposing even more drastic ways to balance its budget to the detriment of the cities. The cost savings proposals include threats to sweep revenues generated by the cities, such as the TABC tax, into the State’s coffers. Such transfers of revenue from the cities to the State force reductions in local services and possible increases in local taxes to compensate for the lost revenue. Every session, cities face attacks on local control through legislation that imposes restraints on the ability to determine revenue levels even though, from December 2008 to December 2009, combined population growth and inflation was at 4.6 percent, more than twice as much as growth in city revenue. Budget cuts are necessary – no one will disagree with the need to streamline programs and eliminate duplicative or ineffective services. However, to avoid devastating cuts to public safety services, infrastructure and public education, the State should look at other options to balance its budget. For example, in the ‘Tax Exemptions & Tax Incidence” Report dated February 2011, the Comptroller shows that exemptions from the State’s sales, franchise, gasoline, motor vehicle sales and property taxes total $38.2 Billion — more than the amount needed to balance the budget for the next biennium. Eliminating just some of those exemptions will broaden the tax base while providing equity in taxation, and remove a taxing structure that favors some over others. Our plea is that you stop the trend of delegating your fiscal responsibilities onto the next level of government. Be accountable for your own decisions, Allow your local elected officials to be accountable for theirs. Govern Texas the way Texans deserve. Sincerely, Dwaine Caraway Robert N. Cluck, M.D. Mike Moncrief Mayor, City of Dallas Mayor, City of Arlington Mayor, City of Fort Worth Town Council 130 of 150 Meeting Date: April 18, 2011 5 CHANGES EXPECTED FOR WATER UTILITIES AND GROUNDWATER PERMITEES During this session, the issue of water has come up in many different forms. Bills have been filed that deal with water conservation measures, new requirements for water and sewer utilities, clarification of groundwater rights, and other water-related issues. The bills can have a profound effect on how a city provides some of its most basic services – water and wastewater – and city officials should be aware of the bills and what they could do if passed. (Most of the bills would pit city versus city, which means that the League cannot take positions on them.) Several bills currently under consideration by the legislature would require water and sewer utilities to take certain actions – report new information to a state agency, perform an audit, and create an emergency plan – but would not provide any additional funding to assist a city with compliance. For example, S.B. 181 (Shapiro) would require the Texas Water Development Board and Texas Commission on Environmental Quality to develop a uniform methodology for calculating municipal water use and conservation, as well as guidance for water utilities for developing per-capita based calculations. The guidance and calculation developed by the agencies would then be required as part of the water conservation plan submitted by an applicant for a new water rights permit, and any retail public water and/or sewer utility with 3,300 connections or more. H.B. 1319 (Laubenberg) contains very similar requirements and has been voted out of the House Committee on Natural Resources. S.B. 181 is moving even more quickly and has already passed the Senate. S.B. 389 (Williams) and H.B. 2619 (Callegari) are bills that would require a city-owned water and sewer utility to make plans and provisions – and, in the case of H.B. 2619, send infrastructure information to utilities and several governmental entities – in order to prepare for natural disasters and other emergencies. S.B. 389 applies only to Harris County and certain surrounding counties, so cities in those areas should pay particular attention. H.B. 2619 is applicable statewide, and the House Committee on Natural Resources heard testimony on the bill earlier this week. H.B. 3090 (Creighton) is another bill with additional requirements for city utilities. It would require a city water utility that provides drinking water and is seeking financial assistance from the Texas Water Development Board (TWDB) to perform and file with the TWDB a water audit computing the utility’s system water loss during the preceding year. A city utility that is not seeking assistance would still be required to file an audit with the TWDB once every five years. While the bill has not yet been heard in the House Natural Resources Committee, it will be of particular interest to the many city utilities that anticipate seeking financial assistance from the TWDB in the future. Groundwater has also been a very important issue during this legislative session, with several bills related to desired future conditions, groundwater conservation districts, and landowners’ rights to groundwater. H.B. 1730 (Ritter) and H.B. 1731 (Ritter), H.B. 2398 (Miller), and S.B. 332 (Fraser) would all recognize or clarify a landowner’s right to pump and use groundwater under his property, and how that right interacts with groundwater districts and their authority to regulate groundwater use. All of the House bills were referred to the House Natural Resources committee, but none have been heard. After much floor discussion, S.B. 332 passed the Senate on March 30. H.B. 1547 (Larson), H.B. 1824 (Price), H.B. 2166 (Price), H.B. 3530 (Ritter), S.B. 660 (Hinojosa), S.B. 907 (Seliger), S.B. 737 (Hegar), and S.B. 1306 (Hegar) would make changes to the processes for determining desired future conditions and managed available groundwater in a groundwater conservation district or would modify the general operation of groundwater conservation districts. In addition, S.B. 1606 (Seliger) would require all well owners or operators, including those exempt from permitting under Town Council 131 of 150 Meeting Date: April 18, 2011 6 law, to report groundwater withdrawals to the TWDB and the groundwater conservation district in the area. Some of these bills are still in committee; some have been voted out of committee and are waiting to be heard on the House or Senate floor. If your city is interested in groundwater district issues, these will be important bills to track. There will most likely be significant changes to the regulation of groundwater use during this legislative session, and your city’s input is invaluable in helping your elected representatives make the best decisions for your area. If you have questions about any of the above, please contact Lauren Crawford at (512) 231-7400 or lauren@tml.org. FEDERAL LEGISLATION THREATENS CITY VENUE TAXES ON RENTAL CARS This week, Congressman Sam Graves (R-MO) submitted an amendment to the Federal Aviation Administration (FAA) Reauthorization and Reform Act of 2011 that would prohibit local governments from imposing taxes on car rental companies and consumers at airport and non-airport locations. (Currently, state law authorizes Texas cities to hold an election to adopt a tax on the short-term rental of a motor vehicle to support certain sports and community venue projects located in the city or county.) The effect of the amendment would be to invalidate the Texas law allowing cities to hold an election to adopt a venue tax on rental cars to fund local sports and community projects. The amendment was recently modified in the Rules Committee of the U.S. House of Representatives, but still may call into question a city’s ability to adopt a tax on rental cars in the future. The League will continue to monitor and report as needed on the FAA Reauthorization and Reform Act as it moves through the legislative process. TML LEGISLATOR-OF-THE-MONTH FOR MARCH 2011 Representative Lanham Lyne (R-Wichita Falls) is the TML Legislator-of-the-Month for March 2011. Representative Lyne represents Wichita Falls, Burkburnett, Iowa Park, and Electra. Prior to being elected to the Texas House of Representatives in 2010, Representative Lyne served as mayor of Wichita Falls from 2005 to 2010. Representative Lyne currently serves on the powerful House Ways and Means Committee, as well as the House Committee on Environmental Regulation. Representative Lyne is a strong supporter of cities and understands municipal issues. Most recently, Representative Lyne defended municipal authority when the House Ways and Means Committee considered House Bill 258, which would increase the amount of the state traffic fine from $30 to $45. We hope that city leaders across Texas – and particularly those in Representative Lyne’s district – will express their appreciation to this outstanding leader. Town Council 132 of 150 Meeting Date: April 18, 2011 7 SIGNIFICANT COMMITTEE ACTIONS H.B. 27 (Guillen), Relating to the payment of fines and costs by indigent defendants in misdemeanor cases. Reported from the House Committee on Criminal Jurisprudence. H.B. 51 (Lucio), Relating to energy efficiency standards for certain buildings and to high-performance design, construction, and renovation standards for certain government buildings and facilities. Reported from the House Committee on State Affairs. H.B. 243 (Craddick), Relating to the creation of an offense for certain uses of a wireless communication device while operating a motor vehicle. Reported from the House Committee on Transportation. As reported, the bill would prohibit an operator from using a wireless communication device to read, write, or send a text-based communication while operating a motor vehicle, unless the vehicle is stopped, and would define text-based communication to include a text message, instant message, and electronic mail. H.B. 571 (Huberty), Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality. Reported from the House Committee on Natural Resources. As reported, the bill would place new registration, inspection, and reporting requirements on aggregate quarries, as well as creating fees and enforcement authority through the Texas Commission on Environmental Quality. (The bill as reported would not appear to preempt any city regulations relating to aggregate quarries, but any city that regulates quarry operations should review this bill closely.)(Companion bill is S.B. 170 by Williams, which has passed the Senate.) H.B. 769 (Button), Relating to change order approval requirements for certain political subdivisions of the state. Reported from the House Committee on Government Efficiency and Reform. H.B. 943 (Dukes), Relating to reporting requirements concerning missing persons, including missing children in the managing conservatorship of the Department of Family and Protective Services. Reported from the House Committee on Human Services. H.B. 1215 (McCLendon), Relating to the creation of the offense of unauthorized acquisition or transfer of certain financial information. Reported from the House Committee on Criminal Jurisprudence. H.B. 1376 (Bohac), Relating to the definition of a junked vehicle for purposes of abatement of a public nuisance. Reported from the House Committee on Transportation. H.B. 1734 (Ritter), Relating to the authority of the Texas Water Development Board to provide financial assistance for certain projects if the applicant has failed to complete a request for information relevant to the project. Reported from the House Committee on Natural Resources. As reported, the bill would prohibit an applicant for financial assistance or loans from the Texas Water Development Board from receiving assistance if the applicant has failed to provide certain information to the board. H.B. 1869 (Giddings), Relating to local governments that may consider a bidders principal place of business when awarding a contract. Reported from the House Committee on County Affairs. H.J.R. 56 (Solomons), Proposing a constitutional amendment to restrict the power of the legislature to mandate requirements upon certain local governments. Reported from the House Committee on House State Affairs. As reported, the bill would state that any law, enacted by the legislature on or after January 1, 2012, that requires a local government, including a city, to establish, expand, or modify a duty or activity that requires the expenditure of revenue by the city is not effective unless the legislature Town Council 133 of 150 Meeting Date: April 18, 2011 8 appropriates or otherwise provides, from a source other than the revenue of the city, for the payment or reimbursement of the costs incurred for the biennium by the city in complying with the requirement. S.B. 201 (Uresti), Relating to the calculation of ad valorem taxes on the residence homestead of a 100 percent or totally disabled veteran for the tax year in which the veteran qualifies or ceases to qualify for an exemption from taxation. Reported from the Senate Finance Committee. S.B. 326 (Duncan), Relating to the exemption from ad valorem taxation of certain tangible personal property stored temporarily at a location in this state. Reported from the Senate Finance Committee. S.B. 355 (Ellis), Relating to the elimination of smoking in certain workplaces and public places. Reported from the Senate Health and Human Services Committee. As reported, this bill would: (1) preempt and supersede a local ordinance, rule, or regulation adopted by any political subdivision relating to smoking; but (2) provide that, to the extent that a local ordinance, rule, or regulation adopted by a political subdivision prohibits or restricts smoking to a greater degree than the bill, the ordinance, rule, or regulation is not preempted or superseded. S.B. 403 (Eltife), Relating to the consideration of pension and other postemployment benefits in establishing the rates of a gas utility. Reported from the Senate Committee on Natural Resources. As reported, the bill would provide that: (1) in establishing a gas utility rates, the regulatory authority (e.g., a city or the Texas Railroad Commission) shall allow recovery of the gas utility costs of pensions and other postemployment benefits, as determined by actuarial or other similar studies in accordance with generally accepted accounting principles, in amounts the regulatory authority finds reasonable and necessary; and (2) a gas utility must follow detailed and complex procedures related to the calculation of such recovery. S.B. 432 (Jackson), Relating to the penalty for failure to make a timely installment payment of ad valorem taxes on property in a disaster area. Reported from the Senate Finance Committee. S.B. 551 (Williams), Relating to liability for interest on ad valorem taxes on improvements that escaped taxation in a previous year. Reported from the Senate Finance Committee. S.B. 642 (Seliger), Relating to optional annuity increases for certain retirees and beneficiaries of the Texas Municipal Retirement System. Reported from the Senate Committee on State Affairs. As reported, the bill would provide that: (1) a participating Texas Municipal Retirement System (TMRS) city may adopt a non-retroactive flat rate Cost of Living Adjustment (COLA); (2) to comply with federal law applicable to qualified plans, any increased payment to an annuitant resulting from such a COLA adopted by a city would be limited to the cumulative increase the annuitant would have been entitled to receive if the 70 percent of CPI limit under TMRS’s existing law had been applied to the annuity; and (3) if a city adopts an ordinance to either discontinue an annually repeating COLA or to reduce an annually repeating COLA, the city must give written notice to members and annuitants at least 60 days prior to the effective date of the change adopted in the ordinance. S.B. 655 (Hegar), Relating to the abolition of the Railroad Commission of Texas, the creation of the Texas Oil and Gas Commission, and the transfer of the powers and duties of the railroad commission to the oil and gas commission. Reported from the Senate Government Organization Committee. As reported, the bill would abolish the Texas Railroad Commission, create the Texas Oil and Gas Commission, transfer of the powers and duties of the Railroad Commission to the new commission, and among many other things provide that the Texas Railroad Commission (or the new Texas Oil and Gas Commission) may by rule prescribe or adopt safety standards for the transportation of gas and for gas pipeline facilities, including safety standards related to the prevention of damage to an interstate or Town Council 134 of 150 Meeting Date: April 18, 2011 9 intrastate gas pipeline facility resulting from the movement of earth by a person in the vicinity of the facility, other than movement by tillage that does not exceed a depth of 16 inches. S.B. 760 (West), Relating to the term of interlocal contracts. Reported from the Senate Committee on Intergovernmental Relations. As reported, the bill would provide that an interlocal contract between cities or counties may have a specified term of years. S.B. 779 (Whitmire), Relating to a central database containing information about certain persons who have been convicted of or received a grant of deferred adjudication for certain offenses involving animal cruelty. Reported from the Senate Criminal Justice Committee. S.B. 908 (Fraser), Relating to requirements for businesses that offer plastic checkout bags to customers. Reported from the Senate Natural Resources Committee. As reported, the bill would: (1) require certain businesses to take certain actions to reduce the use of plastic checkout bags; and (2) preempt a conflicting local ordinance or rule. (At the hearing on the bill, the author of the Senate version of the bill stated that its purpose is not to ban plastic bags, but rather “just to start down that road.” Another senator questioned the author on why the bill preempts cities from enacting more stringent ordinances. To view the senate hearing, go to http://www.wwwebinars.com/LU3-31/SenateNaturalResourcesS.B.908(plasticbags).swf.) S.B. 1034 (Watson), Relating to the date of the general election of certain municipalities. Reported from the Senate State Affairs Committee. As reported, the bill would provide that the governing body of a political subdivision other than a county, that holds its general election for officers on a date other than the November uniform election date may, not later than December 31, 2012, change the date on which it holds its general election for officers to the November uniform election date. S.B. 1187 (Watson), Relating to the effect of indexing notices of lis pendens. Reported from the Senate Jurisprudence Committee. S.J.R. 26 (West), Proposing a constitutional amendment authorizing the legislature to allow cities or counties to enter into interlocal contracts with other cities or counties without the imposition of a tax or the provision of a sinking fund. As reported, the bill would allow a city to enter into a multiyear interlocal contract with another city or county without having to meet interest and sinking fund requirements, even if such contract creates a debt. SIGNIFICANT FLOOR ACTIONS H.B. 215 (Gallego), Relating to photograph and live lineup identification procedures in criminal cases. Passed the House. As passed, the bill would require a law enforcement agency, including a city, to adopt, implement, and amend a detailed written policy on the administration of photograph and live lineup education that is either: (1) the model policy created by the Bill Blackwood Law Enforcement Management Institute of Texas; or (2) the city’s own policy that is based on: (a) credible research on eyewitness memory; (b) best practices designed to reduce erroneous eyewitness identifications; and (c) other listed procedures and instructions. Passed the House. (Companion bill is S.B. 121 by Ellis, which has passed the Senate.) H.B. 563 (Pickett), Relating to the purposes and designation of a transportation reinvestment zone. Passed the House. Town Council 135 of 150 Meeting Date: April 18, 2011 10 H.B. 904 (Thompson), Relating to court costs imposed on conviction and deposited to the municipal court building security fund. Passed the House. H.B. 984 (Truitt), Relating to agreements between contiguous municipalities regarding jurisdiction of cases in municipal courts. Passed the House. H.B. 993 (Rodriguez), Relating to the closure of a road or highway by certain firefighters. Passed the House. S.B. 14 (Fraser), Requiring a voter to present proof of identification. Passed the House. As passed by the House, the bill would: (1) require the voter registrar of each county and the secretary of state to provide notice of voter identification requirements on voter registration certificates and to educate voters about the requirements through certain programs by publishing notice on certain Web sites; (2) require a voter to present to an election officer at the polling place a voter registration certificate and an acceptable form of identification that contains a photo and is a driver’s license, a military identification card, a temporary license, a citizenship certificate, a Texas concealed handgun license, or an unexpired passport, and allow certain forms of identification listed herein to be used even if expired for up to 60 days after expiration; (3) provide that, if a voter does not present acceptable identification, the voter shall be accepted for provisional voting only; (4) require an election officer to provide information on how to obtain identification without a fee to each voter who presents insufficient identification at time of voting; (5) modify the types of acceptable voter identification documents; (6) make an offense under this section a second degree felony or a state jail felony if the person is convicted of attempt to vote illegally; (7) provide that a voter who presents a voter registration certificate indicating that the voter is currently registered in the precinct, but whose name is not on the precinct list of registered voters, shall be accepted for voting if the voter’s identity can be verified from the proof presented; (8) provide that a provisional ballot may be accepted only if: (a) the voter presents acceptable proof of identification at the time the ballot is cast; (b) the voter submits a copy of the identification to the voter registrar by personal delivery or by mail for examination by the early voting ballot board not later than the sixth day after the date of the election; or (c) the voter executes an affidavit stating that the voter is indigent or has a religious objection to being photographed; (9) require election judges and clerks to be trained on this voter identification law; (10) require the presiding election judge to post a sign stating the list of acceptable forms of identification; (11) provide for certain exceptions to the bill’s requirements for disabled persons; (12) require the county clerk and secretary of state to provide notice that is separate from other notices required by law of the bill’s requirements in each language in which voter registration materials are available; (13) allow an individual without identification to be accepted for voting if the individual executes an affidavit that his or her identification was stolen; and (14) allow an individual without identification to vote if the individual executes an affidavit that he or she does not have identification because of a natural disaster S.B. 86 (Nelson), Relating to municipal contracts for enforcement of outstanding traffic violation arrest warrants. Passed the Senate. S.B. 313 (Seliger), Relating to priority groundwater management areas. Passed the Senate. S.B. 331 (Shaprio), Relating to adding certain synthetic cannabinoids to Penalty Group 2 of the Texas Controlled Substances Act. Passed the Senate. S.B. 370 (Seliger), Relating to the authority of the Texas Water Development Board to provide financial assistance for certain projects if the applicant has failed to complete a request for information relevant to the project. Passed the Senate. As passed, the bill would prohibit an applicant for financial assistance or Town Council 136 of 150 Meeting Date: April 18, 2011 11 loans from the Texas Water Development Board from receiving assistance if the applicant has failed to provide certain information to the board. S.B. 519 (Hegar), Relating to the period during which a motion for a new trial in a criminal proceeding in a justice or municipal court must be made. Passed the Senate. S.B. 545 (Seliger), Relating to employment records for law enforcement officers, including procedures to correct employment termination reports. Passed the Senate. S.B. 766 (Estes), Relating to regulation and enforcement of laws affecting sport shooting ranges. Passed the Senate. As passed, the bill would: (1) prohibit a city from bringing suit against a sport shooting range or the owners or operators of a sport shooting range, or the owners of real property on which a sport shooting range is operated, for the lawful discharge of firearms on the sport shooting range; (2) prohibit a city from regulating the discharge of a firearm at a sport shooting range, except that a city regulate the hours of operation of a sport shooting range so long as the restriction is not more limited than the least limited hours of any other business in the city besides bars; (3) allow a county to maintain most of its authority to regulate sport shooting ranges in subdivisions; and (4) provide that a city may bring an action against a sport shooting range, or the owners or operators of a sport shooting range, or the owners of real property on which a sport shooting range is operating, for injunctive relief to enforce a valid ordinance, statute, or regulation, or to require a sport shooting range to comply with generally accepted standards followed in the sport shooting range industry in Texas at the time of the sport shooting range’s construction, if the sport shooting range is within the city’s limits and began operation after September 1, 2011. CITY OFFICIALS TESTIFY When the legislature is in session, nothing compares to the effectiveness of city officials testifying at the Capitol. City officials who take their time to travel to Austin to speak out on important city issues should be applauded by us all. Among the city officials who recently testified in front of legislative committees are the following:  Breck McDaniel, Police Department, Houston  Michael Gentry, Police Chief, Harker Heights  Darrell Boesky, City Manager, Humble  Michael Rodgers, Director of Finance, Webster  Mercy Rushing, Canton  Rumaldo Abonce, Chief City Marshal, San Antonio  Fred Garcia, Municipal Court Clerk, San Antonio  Dana Burghdoff, Deputy Director for Planning and Development, Fort Worth  Russell Needler, Assistant City Auditor, Austin  Brent Money, City Attorney, Greenville  Lewis Lem, Alderman, Jourdanton  Daniel Nick, City Manager, Jourdanton  Alan McGraw, Mayor, Round Rock  Horacio De Leon, Assistant City Manager, Laredo  Pat Reynolds, Purchasing Agent, Leander  Cindy Hallet, Purchasing Agent, Cedar Park  Anna Doll, Deputy Mayor, Grand Prairie Town Council 137 of 150 Meeting Date: April 18, 2011 12  Melinda Ramos, Assistant City Attorney, Fort Worth  Phil Williams, Electric Utility General Manager, Denton  Anita Burgess, City Attorney, Denton  Phillip Boyd, Lewisville  Rudy Garza, Intergovernmental Relations, Corpus Christi  Charles England, Mayor, Grand Prairie  Steve Fitzgibbons, City Manager, Port Arthur  Greg Morgan, Director of Utilities and Public Works, Tyler  Julie Couch, City Manager, Rockwall  Don Hawkins, Police Department, Fort Worth  Michael McGinty, Police Department, Houston  James Winkle, Police Department, Dallas  Alfred Nunez, Police Department, Dallas  Michael McDonald, Assistant City Manager, Austin  Jessica Sullivan, Police Department, Houston  John Grace, Lubbock  Clifford L. Brown, Mayor, Corsicana  Anita Burgess, City Attorney, Denton  Evelyn McKee, Presiding Municipal Judge, Austin  Tracy Curts, City of Dallas  Darren Hodges,Mayor Pro Tem, Fort Stockton  Arturo Rodriguez, Director of Public Health, Brownsville  Robert Pinkerton, Mayor, South Padre Island  Gary Tindel, Police Department, Dallas  Kim Mote, City Solid Waste Manager, Fort Worth  Robert Franke, Mayor, Cedar Hill  Rick Stopfer, Mayor Pro-Tem, Irving While TML monitors most hearings, we won’t catch the testimony of every city official. If we missed your testimony or the testimony of another official in your city, please contact us at the following e-mail address, and we will include your name in the next edition of the TML Legislative Update: testify@tml.org. TML member cities may use the material herein for any purpose. No other person or entity may reproduce, duplicate, or distribute any part of this document without the written authorization of the Texas Municipal League. Town Council 138 of 150 Meeting Date: April 18, 2011 1 April 8, 2011 Number 14 PROPOSED LEGISLATION COULD ELIMINATE THE MAY UNIFORM ELECTION DATE Senate Bill 100 by Senator Leticia Van de Putte and its companion bill, House Bill 111 by Representative Van Taylor, are designed to bring the state election process into compliance with the federal Military and Overseas Voter Empowerment (MOVE) Act. The MOVE Act, which was passed by Congress in 2009, changes the way military and overseas voters register and vote in federal elections. The major change brought about by the MOVE Act is that federal ballots now must be transmitted to military and overseas voters at least 45 days before an election for federal office or any election held in conjunction with a federal election, including a primary and primary run-off election. Current state law does not provide for 45 days between the primary and primary run-off dates. That makes compliance with the MOVE Act impossible. S.B. 100 and H.B. 111 were filed to remedy the discrepancy between the state and federal laws. The bills, as originally filed, would have minimally impacted city elections. However, proposed changes could prove problematic for the hundreds of Texas cities that hold their general election in May. The committee substitute for S.B. 100, which was recently reported from the Senate State Affairs Committee, would eliminate the May uniform election date (the second Saturday in May) in even- numbered years. The committee substitute for H.B. 111, which was DON’T MISS THE LEAGUE’S 2011 LEGISLATIVE WORKSHOPS The League is pleased to offer live and online seminars regarding the 2011 legislative session:  Online on April 15.  Online on May 13.  Live in Austin on June 27. Please go to www.tml.org and click on “Training.” Town Council 139 of 150 Meeting Date: April 18, 2011 2 considered by the House Defense and Veterans Affairs Committee on Thursday, would essentially do the same thing. Under both committee substitutes, Texas cities would be permitted to hold elections on either the second Saturday in May in odd-numbered years, or on the first Tuesday following the first Monday of November in both odd-numbered and even-numbered years. The rationale for eliminating the May uniform election date in even-numbered years is not clear. The MOVE Act does not, directly or indirectly, require the State of Texas to change the May election date. The practical effect of either committee substitute would be to shift city council and mayoral elections from May to November. That would be true- even though the May date remains available for even-numbered years- because most cities conduct elections every year as a result of staggered terms for the mayor and councilmembers. (In other words, it would be a practical impossibility to use the May election only in odd-numbered years.) Further, the elimination of the May election date in even-numbered years means that cities would lose the flexibility to hold elections on ballot propositions and charter amendments on the current dates. The League’s legislative program provides that TML will oppose efforts to eliminate any of the uniform election dates. Thus, the League has testified against the proposal. Concerned city officials should contact their legislators. HOUSE HOLDS THE LINE ON BUDGET SPENDING The Texas House wrapped up more than three days of debate on the state budget Sunday night by adopting a spending bill (House Bill 1 – the general appropriations bill for the 2012-2013 biennium) that looks similar to the one that was voted out of the House Committee on Appropriations. It still includes provisions that would reduce funding for the city share of the mixed beverage sales tax, library and parks grants, and the major events trust fund. Although amendments to restore funding for libraries and local parks were considered, the House rejected those measures. The House did adopt an amendment to H.B. 1 that would prevent a variety of state agencies from increasing fees without specific legislative approval. House Bill 1 included approximately $100 million in fee increases, but an amendment converted those fees to contingency riders (which would require separate legislative approval). A previous edition of the Legislative Update reported on fee increases in several bills that would affect cities including, among others, House Bills 3414, 3415, 3435, 3523, 3657, 3659, 3677, and 3790, and Senate Bill 1811. Prior to considering H.B. 1, the House took up budget measures to alleviate the deficit in the current biennium. The House began its deliberations last week by considering House Bill 4, which makes adjustments to appropriations to various state agencies for the remainder of the 2010-2011 biennium. H.B. 4 would reduce appropriations to state agencies by approximately $1.13 billion. The House also passed House Bill 275, which appropriated $3.12 billion from the economic stabilization fund to cover the existing revenue deficit for the current biennium. All three bills now move on to the Senate for consideration. Town Council 140 of 150 Meeting Date: April 18, 2011 3 LEGISLATION COULD LIMIT LAWSUITS AGAINST “GREENHOUSE GAS” EMITTERS S.B. 875 (Fraser), as passed by the Senate, would provide that a person (including an individual, corporation, organization, government or governmental subdivision or agency, business trust, partnership, association, or any other legal entity) who is subject to an administrative, civil, or criminal action brought for nuisance or trespass arising from greenhouse gas emissions has an affirmative defense to that action if it was authorized by a rule, permit, order, license, certificate, registration, approval, or other form of authorization issued by the Texas Commission on Environmental Quality, the federal government, or an agency of the federal government and: (1) the person was in substantial compliance with that rule, permit, order, license, certificate, registration, approval, other authorization while the alleged nuisance or trespass was occurring; or (2) the commission or the federal government, or an agency of the federal government exercised enforcement discretion in connection with the actions that resulted in the alleged nuisance or trespass. (The bill exempts nuisance actions related to a “noxious odor.”) In short, the bill would prohibit most lawsuits against a company that has caused air pollution if the company was in compliance with a state and federal permit when it did so. The language in the version passed by the Senate is different than that in the as-filed bill. League staff had some concerns that the as-filed bill was directed at methyl tertiary butyl ether (MTBE), which is a chemical that used to be added to gasoline to boost its octane level and cut air pollution (before it was determined to be carcinogenic). MTBE has been found in some cities’ drinking water supplies. Cities in other states have brought successful lawsuits against gasoline manufacturers, and the as-filed bill appeared to have prohibited such suits in Texas. After the committee hearing on the bill on March 22 and discussion during Senate floor debate, it doesn’t appear that MTBE contamination is the target of the bill. Rather, the bill analysis provides that “[i]n the wake of attempted state and federal climate change regulation across the nation, there has emerged a growing trend of attempts to use public nuisance as a means to regulate greenhouse gas emissions. This emerging tactic of public nuisance claims is anticipated to have a severe detrimental impact on businesses across the United States if left unchecked.” City officials’ views on climate change legislation vary substantially, and cities have even fought each other during previous legislative sessions on the issue. That means the League is unable to take a position on the bill. But those cities that have or may use the courts to seek redress regarding any type of detrimental air emissions, including perhaps that from oil and/or gas drilling or other industrial emitters, should review the bill closely and take appropriate local action. TCEQ PESTICIDE APPLICATION PERMIT DELAYED Since 2007, the U.S. Environmental Protection Agency has regulated the application of pesticides, including those applied on or near water in the United States, through a combination of the National Pollutant Discharge Elimination System (known as NPDES and administered in Texas by the Texas Commission on Environmental Quality) and the Federal Insecticide, Fungicide, and Rodenticide Act. Town Council 141 of 150 Meeting Date: April 18, 2011 4 In 2009, the U.S. Sixth Circuit Court of Appeals vacated the EPA’s rule that no permit would be required for the application of pesticides to or around water in certain circumstances. The court held that the federal Clean Water Act includes certain pesticides that are discharged from point sources (rather than coming from nonpoint sources like storm water runoff) within its definition of “pollutant.” Thus, because the Clean Water Act requires permitting for the discharge of most pollutants in or near the waters of the United States, the EPA rule excepting certain pesticide applications over water from permitting was in violation of the Act. The EPA requested a two-year stay of the court’s decision, which was to expire this spring. On April 9, 2011, the court’s decision vacating the rule that exempted many pesticide applications over and to water from NPDES permitting was to take effect, and the EPA (through the TCEQ as the local administrator of the NPDES program) would start requiring permits for discharges to waters of the United States for many pesticides. TCEQ staff and stakeholders worked hard to ensure that a pesticide application permitting rule would be in place by that date. However, the Sixth Circuit recently granted a further six-month stay of the original 2009 vacature of the rule. That extended the time for the TCEQ to create a permitting system to October 31 of this year. If you have any questions about this proposed rule, please contact the TCEQ’s Water Quality Division at (512) 239-4671. LOANSTAR PROGRAM FUNDS AVAILABLE FOR TEXAS CITIES On April 1, the State Energy Conservation Office (SECO) announced the availability of $33 million in loan money for Texas cities and other governmental entities through the Texas Loan Saving Taxes and Resources (LoanSTAR) Program. LoanSTAR Program funds can be used to finance energy- related, cost-reduction retrofits for city facilities. More specifically, the loan money may be dedicated to city projects like air conditioning replacements, lighting upgrades, energy management systems, water and wastewater plant energy improvements, and other similar projects that reduce energy or water costs for a city. Cities that are interested in applying for a loan under the LoanSTAR Program must submit an application to SECO no later than May 16, 2011, at 2:00 p.m. For more information about the program, and to access the Notice of Loan Fund Availability and application form, please visit http://www.seco.cpa.state.tx.us/funding/nolfa/040111/. SIGNIFICANT COMMITTEE ACTIONS H.B. 107 (F. Brown), Relating to requiring certain home-rule municipalities to obtain annexation approval from voters in the area to be annexed. Reported from the House Committee on Land and Resource Management. As reported, the bill would prohibit the cities of Bryan and College Station from annexing an area with 50 or more inhabitants unless the persons to be annexed approve the annexation through a popular vote. Town Council 142 of 150 Meeting Date: April 18, 2011 5 H.B. 125 (Legler), Relating to the inclusion of a draft impact analysis in the notice of rules proposed by the Texas Commission on Environmental Quality. Reported from the House Committee on Environmental Regulation. As reported, the bill would require that before adopting an environmental rule, the TCEQ shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule and include a draft impact analysis describing the anticipated effects of the proposed rule that, at a minimum: (1) identifies the problem the rule is intended to address; (2) identifies the environmental effects that the TCEQ expects to result from implementation of and compliance with the rule, including pollutant reduction; and (3) identifies and describes costs that the agency expects local governments and others will incur from implementation of and compliance with the rule. The bill would also require the TCEQ to prepare a final regulatory analysis after considering public comment and before adoption, and would allow any person who files a comment on the proposed rule to challenge the rule’s validity by filing an action for declaratory judgment if it was not proposed and adopted in strict compliance with the procedural requirements created by the bill (This is a TML priority bill.) H.B. 331 (Guillen), Relating to the authority of the governing body of a municipality to create a municipal court equal justice and education fund and to require certain defendants to pay court costs for deposit in the fund. Reported from the House Committee on Criminal Jurisprudence. H.B. 342 (Fletcher), Relating to the reinstatement of a firefighter or police officer following a decision rendered by the Fire Fighters’ and Police Officers’ Civil Service Commission or an independent third party hearing examiner. Reported from the House Committee on Urban Affairs. H.B. 343 (Fletcher), Relating to the reporting and recording of a motor vehicle accident involving an official vehicle driven by a peace officer, firefighter, or an emergency medical services employee in the course of official duties. Reported from the House Committee on Urban Affairs. H.B. 360 (Jackson), Relating to ballot language for a proposition to approve the imposition or increase of a tax or the issuance of bonds. Reported from the House Committee on Elections. H.B. 533 (Villarreal), Relating to the protest of a rendition penalty. Reported from the House Committee on Ways and Means. H.B. 564 (Craddick), Relating to inspection of portable fire extinguishers in government-owned vehicles in certain local governmental jurisdictions. Reported from the House Committee on Urban Affairs. H.B. 611 (Murphy), Relating to the provision of certain professional services by certain governmental entities. Reported from the House Committee on Government Efficiency and Reform. As reported, the bill would provide that a governmental entity (not including a city), may not provide through its officers or employees a commercially available service (e.g., the practice of engineering or architecture, construction services, or construction management services) for an improvement to real property that is not owned or leased by the entity, with certain exceptions. H.B. 679 (Button), Relating to change order approval requirements for certain political subdivisions of the state. Reported from the House Committee on Government Efficiency and Reform. Town Council 143 of 150 Meeting Date: April 18, 2011 6 H.B. 725 (Callegari), Relating to the operation, powers, and duties of certain water districts. Reported from the House Committee on Natural Resources. As reported, the bill would negatively affect cities that enter into strategic partnerships with special districts. H.B. 735 (Patrick), Relating to the events eligible to receive funding through a major events trust fund. Reported from the House Committee on Economic and Small Business Development. H.B. 956 (Marquez), Relating to the state fire marshal’s investigation of the death of a firefighter who dies in the line of duty or in connection with an on-duty incident. Reported from the House Committee on Urban Affairs. H.B. 1083 (Elkins), Relating to the issuance of an identification card to certain honorably retired peace officers. House Committee on Homeland Security and Public Safety. H.B. 1089 (Martinez Fischer), Relating to the authority of a county or municipality to require the removal of graffiti by a property owner. Reported from the House Committee on Urban Affairs. As reported, the bill would provide that a city may – but is not required to – first offer to remove graffiti for free prior to requiring the property owner to remove the graffiti. (This is a TML priority bill.) H.B. 1136 (Aycock), Relating to requiring an election authority to provide notice to certain county chairs regarding certain election activities. Reported from the House Committee on Elections. As reported, the bill would require a county clerk to deliver written notice, at least 72 hours in advance, of the time and place of a meeting called by the city secretary for the purpose of discussing business related to an upcoming primary, runoff, or general election to the county chair of each political party that made nominations by primary election for the general election for state and county officers. (As originally filed, the bill would have required the city secretary to provide the written notice in the bill.) H.B. 1137 (Darby), Relating to the transmission of records regarding over-the-counter sales of ephedrine, pseudoephedrine, and norpseudoephedrine and a person’s civil liability for certain acts arising from the sale of those products. Reported from the House Committee on Homeland Security and Public Safety. H.B. 1147 (W. Smith), Relating to notice by a governmental entity regarding certain geospatial data products. Reported from the House Committee on Technology. (Please see S.B. 442, below.) H.B. 1215 (McClendon), Relating to the creation of the offense of unauthorized acquisition or transfer of certain financial information. Reported from the House Committee on Criminal Justice. H.B. 1319 (Laubenberg), Relating to the calculation and reporting of water usage and conservation by municipalities and water utilities. Reported from the House Committee on Natural Resources. H.B. 1395 (Parker), Relating to the requirements to operate personal watercraft and certain boats. Reported from the House Committee on Culture, Recreation, and Tourism. As reported, the bill would require a municipal court to dismiss a charge against a child who has been charged with the offense of driving certain watercraft without possessing proper documentation if the person makes a motion requesting permission to take a boater education course, completes the course, and provides the court with evidence that the course was completed within 90 days of the motion being granted. Town Council 144 of 150 Meeting Date: April 18, 2011 7 H.B. 1734 (Ritter), Relating to the authority of the Texas Water Development Board to provide financial assistance for certain projects if the applicant has failed to complete a request for information relevant to the project. Reported from the House Committee on Natural Resources. (Companion bill is S.B. 370 by Seliger.) H.B. 2139 (Guillen), Relating to the establishment of an “Adopt a Library” program. Reported from the House Committee on Culture, Recreation, and Tourism. H.B. 2690 (Deshotel), Relating to authorizing local governments to convey real property interests to other local governments for less than fair market value. Reported from the House Committee on County Affairs. H.B. 2866 (Harper-Brown), Relating to the electronic submission of certain documents to the attorney general and the submission of certain documents by the attorney general. Reported from the House Committee on Government Efficiency and Reform. S.B. 18 (Estes), relating to the use of eminent domain authority. Reported from the House Committee on Land and Resource Management. As reported, the bill would do the following: 1. provide that a governmental or private entity may not take private property through the use of eminent domain if the taking is not for a “public use.” 2. require a record vote with specific procedures and wording to take each parcel of land through the use of eminent domain. 3. require that any entity authorized to exercise the power of eminent domain must submit to the state comptroller, by December 31, 2012, a letter stating that the entity is authorized to exercise the power of eminent domain and identifying the provision or provisions of law that grant the entity that authority, and would provide that the entity’s authority to use eminent domain will be suspended if the letter is not sent by the deadline and remain suspended until the entity submits the letter. 4. provide, among other things, that an entity with eminent domain authority that wants to acquire real property shall disclose to the property owner any and all appraisal reports produced or acquired by the entity relating specifically to the owner’s property and prepared in the ten years preceding the offer. 5. provide that: (1) an entity seeking to acquire property may not include a confidentiality provision in an offer or agreement to acquire the property; and (2) the entity shall inform the owner of the property that the owner has the right to: (a) discuss any offer or agreement regarding the entity’s acquisition of the property with others; or (b) keep the offer or agreement confidential (subject to the requirements of the Texas Public Information Act). 6. require an entity with eminent domain authority that wants to acquire real property for a public use to make a bona fide offer to acquire the property from the property owner voluntarily, and list specific criteria that must be met to meet the bona fide offer requirement. 7. provide that a court that determines that a condemnor did not make a bona fide offer to acquire the property from the property owner voluntarily must abate the suit, order the condemnor to make a bona fide offer, and order the condemnor to pay costs and attorneys’ and other professionals’ fees. 8. provide that a condemnation petition must state with specificity the public use for which the entity intends to acquire the property and that the city made a bona fide offer to acquire the property voluntarily. Town Council 145 of 150 Meeting Date: April 18, 2011 8 9. provide, among other things, that each party has a reasonable period to strike one of the three special commissioners appointed by the judge in the case, with the judge appointing a replacement. 10. provide that the special commissioners shall consider an injury or benefit that is peculiar to the property owner and that relates to the property owner’s ownership, use, or enjoyment of the particular parcel of real property, including a material impairment of direct access on or off the remaining property that affects the market value of the remaining property, but they may not consider an injury or benefit that the property owner experiences in common with the general community, including circuity of travel and diversion of traffic. 11. if the special commissioners or a court awards damages in a condemnation proceeding in an amount that is greater than 110 percent of the amount of damages the condemnor offered to pay before the proceedings began, the commissioners or the court shall award reasonable attorney's fees and other professional fees to the property owner in addition to costs that shall be awarded under current law. 12. require a city, as a cost of acquiring real property, to: (a) provide a relocation advisory service for an individual, a family, a business concern, a farming or ranching operation, or a nonprofit organization that is compatible with the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act; and (b) pay moving expenses and rental supplements, make relocation payments, provide financial assistance to acquire replacement housing, and compensate for expenses incidental to the transfer of the property if an individual, a family, the personal property of a business, a farming or ranching operation, or a nonprofit organization is displaced in connection with the acquisition. 13. provide that an entity that is not subject to the Public Information Act, such a gas pipeline operator, must disclose certain information relating to its use of eminent domain upon request. 14. modify the current provisions that allow a property owner to repurchase the property if it isn’t used by the condemnor within ten years of the date of acquisition, and extinguish the right of repurchase under certain circumstances. 15. provide that a city council may adopt a development plan for a public use project at a public hearing to toll the 10-year right to repurchase if certain criteria are met. 16. modify the standard for determination of the fair value of the state’s interest in access rights to a highway right-of-way to be the same legal standard that is applied by the Texas Transportation Commission according to the Texas Transportation Code, which may include the impairment of highway access to or from real property where the real property adjoins the highway. S.B. 100 (Van de Putte), Relating to the adoption of voting procedures necessary to implement the federal Military and Overseas Voter Empowerment Act. Reported from the Senate State Affairs Committee. (Please see article elsewhere in this issue.) S.B. 309 (Harris), Relating to the events eligible to receive funding through a major events trust fund. Reported from the House Committee on Economic and Small Business Development. S.B. 402 (West), Relating to community land trusts. Reported from the Senate Intergovernmental Relations Committee. S.B. 442 (Wentworth), Relating to notice by a governmental entity regarding certain geospatial data products. Reported from the Senate Select Committee on Open Government. As reported, the bill Town Council 146 of 150 Meeting Date: April 18, 2011 9 would require a city to provide certain notice on each geospatial data product (including any basic map) that: (1) is created or hosted by the city; (2) appears to represent property boundaries; and (3) was not produced using information from an on-the-ground survey conducted under the supervision of a registered professional land surveyor or a land surveyor authorized to perform surveys under laws in effect when the survey was conducted. The committee substitute would exempt a city from the notice requirements provided by the bill if the geospatial data product: (1) does not contain a legal description, a property boundary monument, or the distance and direction of a property line; (2) is prepared only for use as evidence in a legal proceeding; (3) is filed with the clerk of any court; or (4) is filed with the county clerk. S.B. 660 (Hinojosa), Relating to the review and functions of the Texas Water Development Board, including the functions of the board in connection with the process for establishing and appealing desired future conditions in a groundwater area. Reported from the Senate Committee on Government Organization. S.B. 732 (Nichols), Relating to the prohibition of certain regulations by a municipality in its extraterritorial jurisdiction involving trees and vegetation. Reported from the Senate Intergovernmental Relations Committee. (Companion bill is H.B. 1388 by Hopson.) S.B 758 (Deuell), Relating to sales and use tax information provided to certain local governmental entities. Reported from the Senate Finance Committee. S.B. 908 (Fraser), Relating to requirements for businesses that offer plastic checkout bags to customers. Reported from the Senate on Natural Resources Committee. S.B. 1082 (Hegar), Relating to strategic partnerships for the continuation of certain water districts annexed by a municipality. Reported from the Senate Natural Resources Committee. S.B. 1494 (Uresti), Relating to reporting to the Texas Judicial Council the election or appointment of certain municipal officers. Reported from the Senate Jurisprudence Committee. S.B. 1521 (Uresti), Relating to the distribution of money appropriated from a municipal court building security fund. Reported from the Senate Jurisprudence Committee. S.B. 1612 (Ogden), Relating to the monitoring, oversight, and funding of certain public retirement systems. Reported from the Senate State Affairs Committee. As reported, the bill would: (1) repeal the law that allows a city to issue obligations to fund its retirement benefits; and (2) allow the pension review board to require TMRS or other public retirement systems to complete an actuarial experience study every five years. SIGNIFICANT FLOOR ACTIONS H.B. 4 (Pitts), Relating to making supplemental appropriations and giving direction and adjustment authority regarding appropriations. Passed the House. As passed, the bill would would reduce appropriations to state agencies by approximately $1.13 billion. Town Council 147 of 150 Meeting Date: April 18, 2011 10 H.B. 571 (Huberty), Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality. Passed the House. As passed, the bill would place new registration, inspection, and reporting requirements on aggregate quarries, as well as creating fees and enforcement authority through the Texas Commission on Environmental Quality. (Note: The bill’s author read a statement of legislative intent on the House floor that the bill is not meant to preempt municipal regulations.) H.B. 805 (Callegari), Relating to the requirement that certain water service providers ensure emergency operations during an extended power outage. Passed the House. S.B. 121 (Ellis), Relating to photograph and live lineup identification procedures in criminal cases. Passed the Senate. S.B. 160 (Williams), Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality. Passed the Senate. (Please see H.B. 571, above.) S.B. 209 (Zaffirini), Relating to the supervision of certain juvenile case managers. Passed the Senate. S.B. 244 (Patrick), Relating to the continuing education requirements for certain peace officers. Passed the Senate. S.B. 315 (Carona), Relating to the agencies and entities responsible for compiling and maintaining information pertaining to criminal combinations and criminal street gangs. Passed the Senate. S.B. 361 (Duncan), Relating to indemnification provisions in construction contracts. Passed the Senate. S.B. 432 (Jackson), Relating to the penalty for failure to make a timely installment payment of ad valorem taxes on property in a disaster area. Passed the Senate. S.B. 520 (Hegar), Relating to the creation, administration, powers, and duties of a county assistance district. Passed the Senate. S.B. 542 (Hegar), Relating to the regulation of law enforcement officers by the Commission on Law Enforcement Officer Standards and Education. Passed the Senate. S.B. 551 (Williams), Relating to liability for interest on ad valorem taxes on improvements that escaped taxation in a previous year. Passed the senate. S.B. 642 (Seliger), Relating to optional annuity increases for certain retirees and beneficiaries of the Texas Municipal Retirement System. Passed the Senate. S.B. 655 (Hegar), Relating to the abolition of the Railroad Commission of Texas, the creation of the Texas Oil and Gas Commission, and the transfer of the powers and duties of the railroad commission to the oil and gas commission. Passed the Senate. S.B. 760 (West), Relating to the term of interlocal contracts. Passed the Senate. As passed, the bill would provide that an interlocal contract between cities or counties may have a specified term of years. S.B. 779 (Whitmire), Relating to a central database containing information about certain persons who have been convicted of or received a grant of deferred adjudication for certain offenses involving animal cruelty. Passed the Senate. Town Council 148 of 150 Meeting Date: April 18, 2011 11 S.B. 875 (Fraser), Relating to compliance with state and federal environmental permits. Passed the Senate. (Please see article elsewhere in this issue.) S.B. 1034 (Watson), Relating to the date of the general election of certain municipalities. Passed the Senate. As passed, the bill would provide that the governing body of a political subdivision, other than a county, that holds its general election for officers on a date other than the November uniform election date may, not later than December 31, 2012, change the date on which it holds its general election for officers to the November uniform election date. S.B. 1087 (Carona), Relating to state-issued certificates of franchise authority to provide cable service and video service. Passed the Senate. As passed, the bill would provide that: (1) beginning September 1, 2011, a cable service provider or video service provider that was not allowed to or did not terminate a municipal franchise under the current state franchise law (S.B. 5 (2005)) may elect to terminate that franchise and seek a state-issued certificate of franchise authority for the area served under the municipal franchise by providing written notice to the Public Utility Commission and the affected city before January 1, 2012; (2) a cable service provider that elects to terminate an existing municipal franchise is responsible for remitting to the affected city before the 91st day after the date the municipal franchise is terminated any accrued but unpaid franchise fees due under the terminated franchise; (3) a city may review the business records of a cable service provider or video service provider to the extent necessary to ensure compensation in accordance with a state-issued franchise; (4) if a city uses the one-percent public, education, and governmental (PEG) channel fee for a purpose that is not authorized by federal law, the fees are chargeable as a credit against the state-issued franchise fee payments; (5) a city that receives PEG fees: shall follow detailed accounting procedures; (6) once a local franchise is terminated under the bill, cable services to community public buildings, such as municipal buildings and public schools, no longer have to be provided; (7) on the expiration or termination of a local franchise agreement, a provider that provides such services may deduct from the franchise fee to be paid to the city an amount equal to the actual incremental cost of the services if the city requires the services after that date; (8) where technically feasible, the holder of a state-issued certificate of franchise authority that is not an incumbent cable service provider and an incumbent cable service provider, including an incumbent cable service provider that holds a state-issued certificate of franchise authority issued after terminating pursuant to the bill, shall use reasonable efforts to interconnect their cable or video systems for the purpose of providing PEG programming; and (9) the bill takes effect only if H.B. 259 or H.B. 3675 or similar legislation is enacted and becomes law that imposes an assessment on providers of subscription video services and allows subscription video service providers to claim a credit against the assessment for fees paid to cities pursuant to a municipal franchise or state-issued certificate of franchise authority and provides that at least 25 percent of the revenue generated by the state assessment on providers of subscription video services be distributed to cities and counties. S.B. 1097 (Eltife), Relating to single certification in incorporated or annexed areas served by water or sewer utilities. Passed the Senate. As passed, the bill would modify the law allowing a city to obtain single certification to provide water service in an annexed area to allow the city to obtain the certificate for that area from a water and sewer utility. S.B. 1187 (Watson), Relating to the effect of indexing notices of lis pendens. Passed the Senate. S.B. 1518 (Eltife), Relating to the powers and duties of the Texas Historical Commission. Passed the Senate. S.J.R. 26 (West), Proposing a constitutional amendment authorizing the legislature to allow cities or counties to enter into interlocal contracts with other cities or counties without the imposition of a tax or Town Council 149 of 150 Meeting Date: April 18, 2011 12 the provision of a sinking fund. Passed the Senate. As passed, the bill would provide that, to increase efficiency and effectiveness to the greatest extent possible, the legislature may authorize cities to enter into interlocal contracts with other cities or counties without meeting the assessment and sinking fund requirements currently required by the constitution. CITY OFFICIALS TESTIFY When the legislature is in session, nothing compares to the effectiveness of city officials testifying at the Capitol. City officials who take their time to travel to Austin to speak out on important city issues should be applauded by us all. Among the city officials who recently testified in front of legislative committees are the following:  Lee Leffingwell, Mayor, Austin  Laura Anderson, Municipal Judge, Irving  Tom Gray, Chief Justice, Waco  Jennifer Richie, Senior Assistant Attorney, Irving  Richard Morton, City Manager, Odessa  Jesus Garza, City Administrator, Von Ormy  Philip Cortez, Councilmember, San Antonio  Herbert Gears, Mayor, Irving  Jeff Nodal, Deputy Chief Financial Officer, Austin  Bill Shipp, City Manager, Royse City  Raul Salinas, Mayor, Laredo  Calvin Tillman, Mayor, Dish  Melissa Northern, Mayor, Flower Mound  Bryn Meredith, City Attorney, Southlake  John Terrell, Mayor, Southlake While TML monitors most hearings, we won’t catch the testimony of every city official. If we missed your testimony or the testimony of another official in your city, please contact us at the following e-mail address, and we will include your name in the next edition of the TML Legislative Update: testify@tml.org. TML member cities may use the material herein for any purpose. No other person or entity may reproduce, duplicate, or distribute any part of this document without the written authorization of the Texas Municipal League. Town Council 150 of 150 Meeting Date: April 18, 2011