Agenda Packet TC 02/24/2011Town Council
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom6:00 PMThursday, February 24, 2011
Call to order and announce a quorum.
WORKSHOP SESSION - 6:00 P.M.
1.2011-75-T Discussion of the Fund Balance agenda item posted on the Regular Session Council
Agenda for February 24, 2011.
2.2011-76-T Discussion of agenda items posted for consideration on the Regular Session Council
Agenda for February 24, 2011.
CONVENE INTO REGULAR SESSION - ESTIMATED START TIME 7:00 P.M.
Invocation
Pledges:
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one
and indivisible."
Citizen Presentations:
This is an opportunity for citizens to address the Council on any matter whether or not it
is posted on the agenda. The Council is not permitted to take action on or discuss any
presentations made to the Council at this time concerning an item not listed on the
agenda. The Council will hear presentations on specific agenda items prior to the
Council addressing those items. You may speak up to three (3) minutes or the time limit
determined by the Mayor or presiding officer. To speak during this item you must
complete the Speaker's form that includes the topic(s) of your statement. Topics of
presentation should be limited to matters over which the Council has authority.
REGULAR SESSION
3.2011-78-T Consider and take appropriate action regarding the Audit and Financial Report dated
September 30, 2010.
4.2011-79-T Consider and take appropriate action regarding a future Fund Balance Position.
Town Council 1 of 202 Meeting Date: February 24, 2011
February 24, 2011Town Council Meeting Agenda
5.2011-83-T Receive annual report from the Park Board; discussion of the same.
TCP Concept-Feb 2003-2011 Changes.pdfAttachments:
6.2011-91-T Consider and take appropriate action regarding an Ordinance amending Article VIII,
"Tree Preservation and Removal" of Chapter 12, "Subdivision Rules and Regulations"
and also amending Article I, "Parks and Recreation Board" of Chapter 9, "Parks and
Recreation" of the Code of Ordinances in order to authorize the Parks and Recreation
Board to serve as the Tree Board, providing duties and responsibilities to be performed
by the Parks and Recreation Board; removing all references to the Tree Board as a
separate Board; and providing an effective date.
Ord 2011-06 Combine Tree Board and Park Board.pdfAttachments:
7.2011-90-T Consider and take appropriate action regarding an Ordinance amending Chapter 1 of
the Code of Ordinances, "Administration", Article VIII, "Schedule of Fees" by amending
various Planning and Zoning fees, Animal Control Fees, Emergency Medical Services
Billing Fees, Parks and Recreation fees, by combining Parks and Recreation and Pool
fees into a new Section, renumbering Sections; and providing an effective date.
ORD 2011-07 Sched of Fees_track changes.pdf
ORD 2011-07 Sched of Fees_changes accepted.pdf
Attachments:
8.2011-72-T Consider and take appropriate action regarding an Agreement for Professional
Services with Freese and Nichols to conduct a drainage analysis of the Town in an
amount not to exceed $87,900.00, and authorizing the Town Manager to execute all
necessary documents.
Staff Report - Drainage Analysis - TC Feb 24 2011.pdf
Agreement for Professional Services.pdf
TC Council 2-24-11.pdf
Attachments:
9.2011-74-T Consider and take appropriate action regarding the award of bid for the construction of
an Elevated Water Storage Tank, apparent low bidder Phoenix Fabricators and
Erectors, in an amount not to exceed $1,234,929, and authorizing the Town Manager to
execute necessary documents.
Staff Report - Water Tower.pdf
Engineering Recommendation.pdf
Bid Tab 2 14 11.pdf
Bid Tab 11-11-08.pdf
Attachments:
10.2011-94-T Consider and take appropriate action regarding appointing one Council member to be a
non-voting liaison to the 2010 Citizen of the Year Committee.
11.2011-84-T Consider and take appropriate action regarding a Resolution approving the submission
of a grant application for the Crime Impact Officer Program for Fiscal Year 2011-2012;
authorizing the Town Manager or his designee to execute necessary documents; and
providing an effective date.
RES 2011-04 CRIME IMPACT OFFICER RESOLUTION.pdfAttachments:
Town Council 2 of 202 Meeting Date: February 24, 2011
February 24, 2011Town Council Meeting Agenda
12.2011-92-T Consider and take appropriate action regarding the annual Citizen Contact Report
submitted by Chief Kniffen.
2010 citizen contact report.pdfAttachments:
13.2011-82-T Consider and take appropriate action regarding the regularly scheduled Town Council
meeting of Monday, May 16, 2011.
14.2011-81-T Consider and take appropriate action regarding an ordinance of the Town Council of
the Town of Trophy Club, Texas, ordering and calling a General Election for the Town
of Trophy Club to be held on May 14, 2011 for the purpose of electing one (1) Mayor for
a three (3) year term, one (1) Council Member for Place #1 for a three (3) year term,
and one (1) Council Member for Place #2 for a three (3) year term and; ordering and
calling a Special Election for the legalization of the sale of all alcoholic beverages for
off-premise consumption only; designating a polling place within the Town; providing for
the appointment of a presiding election judge and an alternate presiding election judge;
establishing other procedures for conducting the election; establishing a date for
canvassing returns; providing for necessary actions; providing a Joint Election
Agreement with Denton County; providing a Joint Election Agreement with Tarrant
County; providing a cumulative clause; providing a severability clause; providing for
publication; providing for engrossment and enrollment; and providing an effective date.
A. Approve a Joint Election Contract with Denton County
ORD 2011-08 Calling May 14 2011 Election.pdfAttachments:
15.2011-89-T Consider and take appropriate action regarding financial and variance report dated
January 2011.
January 2011 Monthly Financial Reports.pdfAttachments:
16.2011-85-T Town Manager Slye's update regarding the following; discussion of the same.
- Trophy Club Commons Site Plan Update
- Finance Director and Public Relations Manager Positions Update
- UNT MPA Conference, February 25, 2011
17.2011-93-T Town Council Liaison Updates and discussion of same:
- EDC 4B, January 24, 2011 - Council member Strother
- MUD No. 1, February 15, 2011 - Mayor Pro Tem Rose
- Ground Storage Tanks
- Fire Communication Plan
- Water Conservation
- Parks and Recreation Board, February 15, 2011 - Council member Hoover
18.2011-86-T Mayor and Council Updates regarding training opportunities, educational sessions, and
regional meetings; discussion of same:
- Northwest Communities Partnership Monthly Meeting
- Neighbor Helping Neighbor
- Elected Officials Conference
- Water Conservation Meeting
- Metroport Cities Partnership
- Transportation Summit
- Denton County Mayor's Roundtable Luncheon
- Ribbon Cutting
- 35W Coalition Quarterly Meeting
Town Council 3 of 202 Meeting Date: February 24, 2011
February 24, 2011Town Council Meeting Agenda
19.2011-87-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
Notice is hereby given that a quorum of the Parks & Recreation Board may be in
attendance at this meeting.
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 Friday, February 18, 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 4 of 202 Meeting Date: February 24, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-75-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/15/2011 Town Council
On agenda:Final action:2/24/2011
Title:Discussion of the Fund Balance agenda item posted on the Regular Session Council Agenda for
February 24, 2011.
Attachments:
Action ByDate Action ResultVer.
Title
Discussion of the Fund Balance agenda item posted on the Regular Session Council Agenda for February 24, 2011.
Town Council 5 of 202 Meeting Date: February 24, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-76-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/15/2011 Town Council
On agenda:Final action:2/24/2011
Title:Discussion of agenda items posted for consideration on the Regular Session Council Agenda for
February 24, 2011.
Attachments:
Action ByDate Action ResultVer.
Title
Discussion of agenda items posted for consideration on the Regular Session Council Agenda for February 24, 2011.
Town Council 6 of 202 Meeting Date: February 24, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-78-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/15/2011 Town Council
On agenda:Final action:2/24/2011
Title:Consider and take appropriate action regarding the Audit and Financial Report dated September 30,
2010.
Attachments:
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding the Audit and Financial Report dated September 30, 2010.
EXPLANATION:
The Town’s independent auditor, Weaver, LLP, completed the annual audit of the comprehensive annual financial report
for the Town of Trophy Club as of and for the year ended September 30, 2010. They have also issued a report dated
February 24, 2010 on their consideration of the Town’s internal controls over financial reporting and their tests of
compliance with certain provisions of laws, regulations, contracts, and grants.
At the January 17, 2010 meeting, the Town Council appointed two Council Members to the Audit Subcommittee. This
subcommittee’s fundamental purpose is to provide a practical tool for ensuring that the financial statements are properly
audited, and that any problems disclosed in the course of the audit are satisfactorily resolved. In addition, it allows an
opportunity to assess whether Management is maintaining a comprehensive framework of internal control, and that
financial reporting practices are being objectively reviewed. The Audit Subcommittee made up of the Town Manager
Slye, Mayor White, Councilmember Cantrell, Assistant Town Manager Seidel, and Director of Finance DuBose met with
the auditors on Thursday, February 17, 2010 to review the draft Comprehensive Annual Financial Report (CAFR) and
audit report. The final published audit and CAFR will be distributed at the February 24th council meeting.
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
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Management recommends acceptance of the audit.
Town Council 7 of 202 Meeting Date: February 24, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-79-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/15/2011 Town Council
On agenda:Final action:2/24/2011
Title:Consider and take appropriate action regarding a future Fund Balance Position.
Attachments:
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding a future Fund Balance Position.
Explanation
During the fiscal year 2009-2010 budget process, the Town Council discussed setting aside a portion of the Town’s
General Fund fund balance for specific purpose(s). With the completion of the Comprehensive Annual Financial Report
(CAFR) and audit for the 2009-2010 fiscal year, the Council now has the audited amount of fund balance available and
can give direction to Management on the amount(s) they request be set aside.
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
Recommendation and Justification to Council:
Management recommends that Council give direction on setting aside a portion of the General Fund fund balance.
Town Council 8 of 202 Meeting Date: February 24, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-83-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/15/2011 Town Council
On agenda:Final action:2/24/2011
Title:Receive annual report from the Park Board; discussion of the same.
Attachments:TCP Concept-Feb 2003-2011 Changes.pdf
Action ByDate Action ResultVer.
Title
Receive annual report from the Park Board; discussion of the same.
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 #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
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 9 of 202 Meeting Date: February 24, 2011
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Meeting Date: February 24, 2011
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Meeting Date: February 24, 2011
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Th
e
19
7
1
pl
a
n
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l
a
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f
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e
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d
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g
h
w
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7
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a
s
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l
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a
n
a
g
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t
areas,
wh
e
r
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a
s
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h
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p
l
a
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i
s
t
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l
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a
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Wildlife
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n
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4.
Th
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r
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t
h
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u
l
t
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e
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a
n
a
g
e
m
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t
Ar
e
a
s
—
R
e
c
r
e
a
t
i
o
n
L
o
w
D
e
n
s
i
t
y
a
n
d
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l
d
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f
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n
a
g
e
m
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n
t
.
To
w
n
Co
u
n
c
i
l
17
of
20
2
Meeting Date: February 24, 2011
Tr
o
p
h
y
C
l
u
b
P
a
r
k
O
B
J
E
C
T
I
V
E
S
Th
e
T
o
w
n
o
f
T
r
o
p
h
y
c
l
u
b
l
e
a
s
e
d
t
h
e
8
7
7
ac
r
e
s
o
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l
a
n
d
f
r
o
m
t
h
e
U
.
S
.
A
r
m
y
C
o
r
p
s
o
f
En
g
i
n
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e
r
s
(
U
S
A
C
E
)
i
n
o
r
d
e
r
t
o
a
c
h
i
e
v
e
t
h
e
fo
l
l
o
w
i
n
g
:
Pr
o
t
e
c
t
t
h
e
n
a
t
u
r
a
l
e
n
v
i
r
o
n
m
e
n
t
t
h
at
i
s
o
n
t
h
e
h
e
a
d
w
a
t
e
r
s
o
f
Gr
a
p
e
v
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n
e
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a
k
e
w
h
i
l
e
m
a
k
i
n
g
i
t
a
v
a
i
l
a
b
l
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f
o
r
p
u
b
l
i
c
en
j
o
y
m
e
n
t
.
Pr
o
v
i
d
e
f
o
r
t
h
e
r
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c
r
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a
t
i
o
n
a
l
n
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d
s
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f
t
h
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c
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m
m
u
n
i
t
y
a
s
i
t
gr
o
w
s
.
Pr
e
s
e
r
v
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o
p
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s
p
a
c
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f
o
r
t
h
e
e
n
j
o
y
m
e
n
t
o
f
a
l
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a
n
d
Pr
o
c
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r
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a
n
a
r
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f
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v
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r
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e
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t
a
l
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d
u
c
a
t
i
o
n
.
To
w
n
Co
u
n
c
i
l
18
of
20
2
Meeting Date: February 24, 2011
A
C
O
M
M
U
N
I
T
Y
E
F
F
O
R
T
Th
e
m
o
s
t
r
e
c
e
n
t
E
n
v
i
r
o
n
m
e
n
t
a
l
A
s
s
e
s
s
m
e
n
t
wa
s
r
e
l
e
a
s
e
d
i
n
M
a
y
,
2
0
0
1
.
I
t
w
a
s
p
r
e
p
a
r
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d
wi
t
h
a
s
s
i
s
t
a
n
c
e
f
r
o
m
t
h
e
f
o
l
l
o
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i
n
g
a
g
e
n
c
i
e
s
an
d
r
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s
o
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r
c
e
p
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s
o
n
n
e
l
:
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S
A
C
E
,
U
.
S
.
F
i
s
h
&
Wi
l
d
l
i
f
e
,
T
e
x
a
s
P
a
r
k
s
&
W
i
l
d
l
i
f
e
,
T
o
w
n
s
o
f
Tr
o
p
h
y
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l
u
b
,
M
a
r
s
h
a
l
l
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r
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e
k
a
n
d
F
l
o
w
e
r
Mo
u
n
d
,
C
i
t
i
e
s
o
f
G
r
a
p
e
v
i
n
e
,
R
o
a
n
o
k
e
,
So
u
t
h
l
a
k
e
,
N
o
r
t
h
l
a
k
e
,
C
r
o
s
s
T
i
m
b
e
r
s
Eq
u
e
s
t
r
i
a
n
T
r
a
i
l
s
,
T
e
x
a
s
T
r
a
i
l
s
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e
t
w
o
r
k
,
Ma
r
i
n
a
s
I
n
t
e
r
n
a
t
i
o
n
a
l
,
U
n
i
v
e
r
s
i
t
y
o
f
N
o
r
t
h
Te
x
a
s
a
n
d
t
h
e
D
a
l
l
a
s
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a
t
e
r
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t
i
l
i
t
i
e
s
.
To
w
n
Co
u
n
c
i
l
19
of
20
2
Meeting Date: February 24, 2011
TR
O
P
H
Y
C
L
U
B
P
A
R
K
M
A
S
T
E
R
P
L
A
N
20
1
1
U
p
d
a
t
e
20
1
1
P
l
a
n
F
e
a
t
u
r
e
s
—
c
o
n
c
l
u
d
e
s
,
“
t
h
e
r
e
wi
l
l
b
e
n
o
s
i
g
n
i
f
i
c
a
n
t
a
d
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i
m
p
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c
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o
th
e
n
a
t
u
r
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l
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n
v
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r
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m
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t
a
s
s
o
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a
t
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d
w
i
t
h
th
e
p
r
o
p
o
s
e
d
p
r
o
j
e
c
t
s
”
.
Fi
n
a
l
l
y
,
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t
h
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p
r
o
p
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e
d
a
c
t
i
o
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w
o
u
l
d
n
o
t
af
f
e
c
t
a
n
y
f
e
d
e
r
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l
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p
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i
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l
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s
t
e
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o
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pr
o
p
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f
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t
i
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g
a
s
t
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a
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d
o
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w
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d
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p
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c
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e
s
A
c
t
To
w
n
Co
u
n
c
i
l
20
of
20
2
Meeting Date: February 24, 2011
TR
O
P
H
Y
C
L
U
B
P
A
R
K
20
1
1
M
A
S
T
E
R
P
L
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p
d
a
t
e
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e
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p
r
o
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t
”
a
n
d
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p
r
o
p
o
s
e
d
a
c
t
i
o
n
”
re
f
e
r
s
t
o
t
h
e
c
o
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e
c
t
i
o
n
o
f
c
h
a
n
g
e
s
t
h
a
t
we
r
e
m
a
d
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t
o
t
h
e
M
a
s
t
e
r
P
l
a
n
f
o
r
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a
k
e
Gr
a
p
e
v
i
n
e
.
T
h
e
M
a
s
t
e
r
P
l
a
n
c
o
n
t
a
i
n
s
re
v
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e
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o
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r
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e
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a
n
a
g
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m
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n
t
ob
j
e
c
t
i
v
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s
a
n
d
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d
e
n
t
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v
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r
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n
m
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n
t
a
l
l
y
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e
n
s
i
t
i
v
e
A
r
e
a
s
(E
S
A
’
s
)
.
To
w
n
Co
u
n
c
i
l
21
of
20
2
Meeting Date: February 24, 2011
Co
m
p
a
t
i
b
l
e
h
u
m
a
n
u
s
e
o
f
s
e
l
e
c
t
e
d
a
r
e
a
s
ca
n
o
c
c
u
r
u
n
d
e
r
t
h
e
f
o
l
l
o
w
i
n
g
t
e
r
m
s
:
En
v
i
r
o
n
m
e
n
t
a
l
l
y
Se
n
s
i
t
i
v
e
A
r
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a
s
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e
k
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p
p
o
r
t
u
n
i
t
i
e
s
f
o
r
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v
i
r
o
n
m
e
n
t
a
l
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u
c
a
t
i
o
n
St
e
w
a
r
d
s
h
i
p
o
f
W
i
l
d
l
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f
e
Ha
b
i
t
a
t
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n
a
g
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m
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t
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f
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o
d
l
a
n
d
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a
n
d
Gr
a
s
s
l
a
n
d
s
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n
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g
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m
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t
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u
a
t
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c
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a
b
i
t
a
t
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i
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b
l
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c
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u
n
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i
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g
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p
p
o
r
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f
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c
r
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a
t
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n
a
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j
e
c
t
i
v
e
s
To
w
n
Co
u
n
c
i
l
22
of
20
2
Meeting Date: February 24, 2011
T RO
P
H
Y
C
L
U
B
P
A
R
K
MA
S
T
E
R
P
L
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N
(
2
0
1
1
U
p
d
a
t
e
)
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r
k
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a
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r
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w
n
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u
n
c
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p
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r
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o
a
r
d
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u
b
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m
m
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e
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n
s
u
l
t
a
n
t
Jo
s
e
p
h
W
a
l
k
e
r
To
w
n
Co
u
n
c
i
l
23
of
20
2
Meeting Date: February 24, 2011
TR
O
P
H
Y
C
L
U
B
P
A
R
K
MA
S
T
E
R
P
L
A
N
(
2
0
1
1
U
p
d
a
t
e
)
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s
k
F
o
r
c
e
Fi
n
i
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c
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p
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a
n
d
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p
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a
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p
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n
.
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r
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i
n
a
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w
i
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o
n
i
m
p
a
c
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an
d
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o
w
n
.
Co
o
r
d
i
n
a
t
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a
l
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p
a
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t
u
d
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d
s
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t
e
su
r
v
e
y
s
.
To
w
n
Co
u
n
c
i
l
24
of
20
2
Meeting Date: February 24, 2011
DE
V
E
L
O
P
M
E
N
T
P
L
A
N
S
F
O
R
T
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Pa
r
t
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f
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s
i
t
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w
i
l
l
b
e
a
v
a
i
l
a
b
l
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f
o
r
ac
t
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v
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c
r
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a
t
i
o
n
,
o
t
h
e
r
s
f
o
r
p
a
s
s
i
v
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re
c
r
e
a
t
i
o
n
,
a
n
d
s
t
i
l
l
o
t
h
e
r
s
f
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n
s
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v
a
t
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o
n
.
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l
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S
A
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d
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t
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f
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r
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a
t
i
o
n
,
a
s
w
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l
l
a
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a
7
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f
o
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b
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t
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a
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u
s
e
a
r
e
a
.
To
w
n
Co
u
n
c
i
l
25
of
20
2
Meeting Date: February 24, 2011
De
v
e
l
o
p
m
e
n
t
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t
a
n
d
a
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d
s
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f
a
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l
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a
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a
s
Pr
o
v
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pa
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d
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t
a
b
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m
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f
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r
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v
e
”
a
r
e
a
s
To
w
n
Co
u
n
c
i
l
26
of
20
2
Meeting Date: February 24, 2011
Tr
o
p
h
y
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l
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b
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a
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n
u
e
(
Y
r
)
650K
To
w
n
Co
u
n
c
i
l
27
of
20
2
Meeting Date: February 24, 2011
TR
O
P
H
Y
C
L
U
B
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A
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K
M
A
S
T
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R
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1
1
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t
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)
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s
b
y
A
c
t
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v
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t
y
U
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e
Pl
a
y
-
X
35 acres
AT
V
8
5
acres
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a
c
h
-
T
r
a
i
l
40 acres (ESA)
Op
e
n
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A
2
4
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a
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r
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s
(
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S
A
)
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t
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e
6
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a
c
r
e
s
Tr
a
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l
1
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So
c
c
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r
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Ga
m
e
s
1
0
a
c
r
e
s
RV
7
0
acres
Tr
a
i
l
2
30 acres (ESA)
Cr
e
e
k
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n
e
(
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S
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)
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To
t
a
l
8
7
7
PA
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S
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V
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(
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)
5
8
7
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s
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t
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e
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t
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n
2
9
0
a
c
r
e
s
3
3
%
To
w
n
Co
u
n
c
i
l
28
of
20
2
Meeting Date: February 24, 2011
Pl
a
y
-
X
3
5
a
c
r
e
s
Di
s
c
G
o
l
f
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9
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l
e
)
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v
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l
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o
n
(
1
0
0
P
e
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)
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g
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p
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e
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l
d
e
r
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n
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l
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y
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d
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–
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a
m
p
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i
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e
s
Pi
c
n
i
c
S
i
t
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s
Sk
a
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e
p
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r
k
Mo
t
o
c
r
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s
s
#
2
Mu
l
t
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p
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r
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o
s
e
T
r
a
i
l
To
w
n
Co
u
n
c
i
l
29
of
20
2
Meeting Date: February 24, 2011
Be
a
c
h
-
T
r
a
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l
4
0
a
c
r
e
s
(
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S
A
)
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t
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r
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t
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o
n
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f
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h
e
pr
o
p
e
r
t
y
.
To
w
n
Co
u
n
c
i
l
30
of
20
2
Meeting Date: February 24, 2011
AT
V
8
5
ac
r
e
s
Co
n
t
a
i
n
m
o
t
o
c
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o
s
s
s
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r
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a
n
d
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T
V
’
s
A
p
r
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t
m
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n
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v
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t
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t
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e
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o
m
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o
w
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p
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r
s
o
n
n
e
l
To
w
n
Co
u
n
c
i
l
31
of
20
2
Meeting Date: February 24, 2011
Sp
o
r
t
-
P
r
a
c
t
i
c
e
6
0
a
c
r
e
s
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i
s
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s
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p
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n
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n
t
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n
20
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h
e
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0
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n
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e
a
p
p
r
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v
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d
f
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r
t
h
i
s
a
r
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a
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i
s
c
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o
l
f
,
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c
h
e
r
y
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r
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c
t
i
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e
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r
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a
,
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n
v
i
r
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n
m
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n
t
a
l
C
e
n
t
e
r
)
To
w
n
Co
u
n
c
i
l
32
of
20
2
Meeting Date: February 24, 2011
Tr
a
i
l
1
9
0
a
c
r
e
s
(
E
S
A
)
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t
3
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o
c
k
2
Th
i
s
z
o
n
e
i
s
pr
i
m
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r
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S
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a
n
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on
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y
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m
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n
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m
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i
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t
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h
i
s
p
o
r
t
i
o
n
o
f
th
e
p
r
o
p
e
r
t
y
.
To
w
n
Co
u
n
c
i
l
33
of
20
2
Meeting Date: February 24, 2011
So
c
c
e
r
3
0
a
c
r
e
s
Th
i
s
a
r
e
a
w
a
s
a
p
p
r
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v
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d
f
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l
r
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r
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a
t
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n
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a
n
d
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v
e
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p
m
e
n
t
i
n
2
0
0
3
.
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h
e
2
0
1
1
r
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v
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se
d
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n
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a
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n
d
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t
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v
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a
n
t
h
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g
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n
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d
u
s
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p
p
r
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v
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f
o
r
th
i
s
a
r
e
a
.
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S
a
n
d
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l
l
e
y
b
a
l
l
&
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l
a
y
g
r
o
u
n
d
s
)
To
w
n
Co
u
n
c
i
l
34
of
20
2
Meeting Date: February 24, 2011
Ga
m
e
s
Z
o
n
e
1
0
a
c
r
e
s
Th
i
s
a
r
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a
w
a
s
a
p
p
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v
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f
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r
g
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n
e
r
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l
re
c
r
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a
t
i
o
n
u
s
e
a
n
d
f
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m
e
n
t
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n
20
0
3
.
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h
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0
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v
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h
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f
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ex
p
a
n
d
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d
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s
b
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e
a
r
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s
s
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v
a
s
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v
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a
n
t
h
e
o
r
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g
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n
a
l
s
p
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e
l
d
u
s
e
a
p
p
r
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v
e
d
fo
r
t
h
i
s
a
r
e
a
.
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B
a
s
k
e
t
b
a
l
l
c
o
u
r
t
s
,
B
o
c
c
e
,
&
Ho
r
s
e
)
To
w
n
Co
u
n
c
i
l
35
of
20
2
Meeting Date: February 24, 2011
RV
,
C
a
m
p
i
n
g
,
C
a
b
i
n
s
,
C
r
e
w
(
R
o
w
i
n
g
)
C
e
n
t
e
r
7
0
a
c
r
e
s
Th
i
s
a
r
e
a
w
a
s
a
p
p
r
o
v
e
d
f
o
r
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e
n
e
r
a
l
r
e
cr
e
a
t
i
o
n
u
s
e
a
n
d
f
a
c
i
l
i
t
y
d
e
v
e
l
o
p
m
e
n
t
in
2
0
0
3
.
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h
e
2
0
1
1
r
e
v
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s
e
d
p
l
a
n
h
a
s
a
f
e
w
e
x
p
a
n
d
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e
a
r
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in
v
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v
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t
h
a
n
t
h
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r
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n
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d
u
s
e
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p
p
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v
e
d
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r
t
h
i
s
a
r
e
a
.
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r
e
w
,
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o
a
t
Ra
m
p
,
O
v
e
r
n
i
g
h
t
C
a
m
p
i
n
g
–
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r
i
m
i
t
i
v
e
,
C
a
b
i
n
,
R
V
)
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e
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u
s
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s
w
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l
l
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p
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c
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n
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k
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u
s
e
To
w
n
Co
u
n
c
i
l
36
of
20
2
Meeting Date: February 24, 2011
Tr
a
i
l
2
3
0
a
c
r
e
s
(
E
S
A
)
Th
i
s
z
o
n
e
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s
pr
i
m
a
r
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l
y
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a
n
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on
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y
a
m
i
n
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m
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l
d
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tr
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b
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d
d
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d
in
t
o
t
h
i
s
p
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t
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o
n
o
f
th
e
p
r
o
p
e
r
t
y
.
To
w
n
Co
u
n
c
i
l
37
of
20
2
Meeting Date: February 24, 2011
Cr
e
e
k
Z
o
n
e
(
E
S
A
)
1
1
7
a
c
r
e
s
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s
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n
e
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s
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p
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t
h
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p
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o
p
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t
y
.
To
w
n
Co
u
n
c
i
l
38
of
20
2
Meeting Date: February 24, 2011
PA
S
S
I
V
E
(
E
S
A
)
5
8
7
a
c
r
e
s
6
7
%
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t
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v
e
R
e
c
r
e
a
t
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n
2
9
0
a
c
r
e
s
3
3
%
Co
m
p
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r
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g
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s
s
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e
(
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t
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r
a
l
)
t
o
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v
e
(
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e
v
e
l
o
p
e
d
)
To
w
n
Co
u
n
c
i
l
39
of
20
2
Meeting Date: February 24, 2011
Pl
a
y
–
X
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e
a
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n
c
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n
g
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s
1
-
5
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t
e
n
t
i
a
l
R
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v
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n
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e
(
Y
r
)
2
0
0
K
To
w
n
Co
u
n
c
i
l
40
of
20
2
Meeting Date: February 24, 2011
Pl
a
y
–
X
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e
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n
c
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n
g
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t
d
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m
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m
p
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t
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s
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t
e
n
t
i
a
l
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v
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n
u
e
(
Y
r
)
6
5
0
K
To
w
n
Co
u
n
c
i
l
41
of
20
2
Meeting Date: February 24, 2011
De
v
e
l
o
p
m
e
n
t
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r
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o
r
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t
y
f
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r
s
1
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3
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a
i
l
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y
s
t
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m
50K
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s
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Meeting Date: February 24, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-91-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/15/2011 Town Council
On agenda:Final action:2/24/2011
Title:Consider and take appropriate action regarding an Ordinance amending Article VIII, "Tree
Preservation and Removal" of Chapter 12, "Subdivision Rules and Regulations" and also amending
Article I, "Parks and Recreation Board" of Chapter 9, "Parks and Recreation" of the Code of
Ordinances in order to authorize the Parks and Recreation Board to serve as the Tree Board,
providing duties and responsibilities to be performed by the Parks and Recreation Board; removing all
references to the Tree Board as a separate Board; and providing an effective date.
Attachments:Ord 2011-06 Combine Tree Board and Park Board.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding an Ordinance amending Article VIII, "Tree Preservation and Removal" of
Chapter 12, "Subdivision Rules and Regulations" and also amending Article I, "Parks and Recreation Board" of Chapter
9, "Parks and Recreation" of the Code of Ordinances in order to authorize the Parks and Recreation Board to serve as
the Tree Board, providing duties and responsibilities to be performed by the Parks and Recreation Board; removing all
references to the Tree Board as a separate Board; and providing an effective date.
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
Recommendation and Justification to Council:
Management recommends approval.
Town Council 46 of 202 Meeting Date: February 24, 2011
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2011-06
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING
ARTICLE VIII ENTITLED “TREE PRESERVATION AND REMOVAL”, OF
CHAPTER 12 ENTITLED “SUBDIVISION RULES AND REGULATIONS”,
AND AMENDING SECTION 1.03 ENTITLED “POWERS AND DUTIES OF
THE BOARD” OF ARTICLE I ENTITLED “PARKS AND RECREATION
BOARD” OF CHAPTER 9 ENTITLED “PARKS AND RECREATION” OF
THE CODE OF ORDINANCES OF THE TOWN; PROVIDING FOR THE
INCORPORATION OF PREMISES, PROVIDING FOR AMENDMENTS TO
ARTICLE I ESTABLISHING DUTIES AND RESPONSIBILITIES OF THE
PARKS AND RECREATION BOARD SERVING AS TREE BOARD AND
AMENDMENTS TO ARTICLE VIII AUTHORIZING THE PARKS AND
RECREATION BOARD TO SERVE AS THE TREE BOARD, AND
REMOVING REFERENCES TO A SEPARATE TREE BOARD; PROVIDING
A CUMULATIVE REPEALER CLAUSE; PROVIDING SEVERABILITY;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”) is a
home rule municipality empowered to do all acts and make all regulations which may be
necessary or expedient for the promotion of the public health, safety and general welfare;
and
WHEREAS, the Tree Board voted unanimously to disband and allow the Parks and
Recreation Board to assume its duties upon Council approval; and
WHEREAS, the Parks and Recreation Board agreed to assume the duties of the
Tree Board upon Council approval and create a sub-committee addressing the specific
areas of the Tree Board subsequent to that approval; and
WHEREAS, the new duties assigned to the Parks and Recreation Board would allow
staff to focus on this area in a more efficient manner; and
WHEREAS, the Town Council finds it appropriate to adopt the amendments as
proposed.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS:
Town Council 47 of 202 Meeting Date: February 24, 2011
SECTION 1.
INCORPORATION OF PREMISES
All of the above premises are true and correct and are hereby incorporated in the
body of this Ordinance as if fully set forth herein.
SECTION 2.
AMENDMENTS
2.01. Section 8.02 entitled “Tree Board” of Article VIII, entitled Tree Preservation and
Removal”, of Chapter 12 entitled “Subdivisions Rules and Regulations”, of the Code of
Ordinances of the Town of Trophy Club is hereby repealed in its entirety and a new Section
8.02 entitled “Park Board to Serve as Tree Board”, of Article VIII of Chapter 12 shall be
adopted and shall be and read in its entirety as follows:
Section 8.02 Parks and Recreation Board to Serve as Tree Board
A. Role of Parks and Recreation Board: The Parks and Recreation Board shall serve as
the Tree Board for the Town (the “Board”).
B. Duties and Responsibilities: It shall be the responsibility of the Board to:
1. Determine cash value for a tree replacement;
2. Designate Protected, Specimen, Historical, and Majestic trees, as defined herein;
3. Develop and approve tree lists;
4. Inform and develop an informational tree pamphlet; and
5. Hear appeals.
6. Annually develop a written plan, in conjunction with the Town Manager or his
designee for the care, preservation, trimming, planting, replanting, removal, or
disposition of trees and shrubs in public ways, streets, alleys, and parks. Such
plan will be presented annually to the Town Council and upon acceptance and
approval, shall constitute the official comprehensive Tree Plan for the Town. The
Town Manager or his designee shall be charged with carrying out the plan.
2.02 In each of the following Sections and Subsections of Article VIII entitled “Tree
Preservation and Removal”, of Chapter 12 entitled “Subdivisions Rules and Regulations”,
the term “Tree Board” shall be replaced by the term “Board” and the remainder of those
Sections and Subsections shall not be amended but shall be and read the same:
Section 8.04 (A), Section 8.05 (C), Section 8.06(A)(1), Section 8.07(A) (1) and
Town Council 48 of 202 Meeting Date: February 24, 2011
(A)(2), Section 8.08(C)(1)(c), Section 8.08 (G), Section 8,09(A)(6), Section
8.10(A)(2),Section 8.10 (B)(2)(b),(c) and (d), and Section 8.12.
2.03 Section 1.03 entitled “Powers and Duties of the Board” of Article I entitled “Parks
And Recreation Board” of Chapter 9 entitled “Parks and Recreation” of the Code of
Ordinances of the Town of Trophy Club is hereby repealed in its entirety and a new
Section 1.03 entitled “Powers and Duties of the Board” of Article I of Chapter 9 of the Code
of Ordinances is hereby adopted and shall be and read in its entirety as follows:
Section 1.03 POWERS AND DUTIES OF THE PARKS AND RECREATION
BOARD
A.
The Parks and Recreation Board shall have the following powers and perform the
following duties:
1. Advisory Capacity to Council: The Board shall act principally in an advisory
capacity to the Town staff and the Town Council in all matters pertaining to
parks and recreation, shall acquaint itself with and make a continuous study of
the complete parks and recreation services of the Town; and shall advise the
staff and Town Council from time to time as to the present and future policies,
maintenance, operation, planning, acquisition, development, and enlargement
of the Town parks and recreation services. The Board shall also have such
authority as designated to it by Town Ordinance.
2. Study and Development of Recreation and Recreation Areas: The Board shall
study and encourage the development of parks and recreation areas and the
development of recreation for all residents of the Town.
3. Advisory Capacity to the Director: It shall advise The Board on problems of
development of recreation areas, facilities, programs and improved recreation
services.
4. Recommend Standards: It shall recommend the adoption of standards for
areas, facilities, programs and financial support for parks and recreation
purposes.
5. Advise on Long-Range Parks and Recreational Capital Improvement Programs:
The Board shall advise and recommend to the Parks and Recreation Director
the development of long-range capital improvement programs, and when the
need exists for additional park and recreational facilities, the Board shall make
appropriate recommendation to the Town Council. It may also recommend the
acquisition of additional parks, park and recreational equipment and supplies.
6. Solicitations: The Board may solicit grants, on behalf of the Parks and
Recreation Board; provided however, that the acceptance of any such grant is
subject to the approval and acceptance of Town Council.
Town Council 49 of 202 Meeting Date: February 24, 2011
7. Cooperative Opportunities: The Board may cooperate with other governmental
agencies, civic organizations and all citizens of the Town in the advancement of
sound parks and recreation planning and programming.
8. Amendments to Ordinance: The Board may, from time to time, recommend to
the Town Council amendments to this Ordinance.
9. Reports: The Board shall, through its Chairperson or his/her designee, make
an oral and written report semi-annually to the Town Council concerning its
activities during the past year and its proposals for the coming year.
10. Budget: The Board shall review the proposed budget for the Parks and
Recreation Department, and make any recommendations to the Parks and
Recreation Director deemed necessary. The Board is not authorized to add,
delete or change in any way the budget as prepared by the Parks and
Recreation Director.
11. Additional Rules: The Board shall have authority to adopt such additional rules
that are not in conflict with this ordinance that it deems necessary to carry the
purpose and intent of this ordinance, subject to Town Council approval.
12. Actions of Board As a Unit. No action of any individual member(s) is authorized
except as approved by the Board. Only the Board acting as a whole shall
exercise the powers and duties of the Board.
B.
The Parks and Recreation Board shall serve as the Tree Board for the Town with
those Duties and Responsibilities set forth in Article 8, “Tree Preservation and
Removal” of Chapter 12, “Subdivision Rules and Regulations” of the Code of
Ordinances of the Town, as amended.
SECTION 3.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances and shall not repeal any
of the provisions of such Ordinances, whether codified or uncodified, 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 any such Ordinance on the date of adoption of
this Ordinance shall continue to be governed by the provisions of such Ordinance and for
that purpose the Ordinance shall remain in full force and effect.
Town Council 50 of 202 Meeting Date: February 24, 2011
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance
or application thereof to any person or circumstance is held invalid or unconstitutional by a
Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this Ordinance, and the Town Council hereby declares it would have passed
such remaining portions of this Ordinance despite such invalidity or unconstitutionality and
that such remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance by copying the exact Caption and Effective Date in the minutes of the
Town Council and by filing this Ordinance in the ordinance records of the Town.
SECTION 6.
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 of Trophy Club, Texas this the 24th day of
February, 2011
Mayor, Connie White
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Town Secretary, Shannon DePrater
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Town Attorney, Patricia A. Adams
Town of Trophy Club, Texas
Town Council 51 of 202 Meeting Date: February 24, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-90-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/15/2011 Town Council
On agenda:Final action:2/24/2011
Title:Consider and take appropriate action regarding an Ordinance amending Chapter 1 of the Code of
Ordinances, "Administration", Article VIII, "Schedule of Fees" by amending various Planning and
Zoning fees, Animal Control Fees, Emergency Medical Services Billing Fees, Parks and Recreation
fees, by combining Parks and Recreation and Pool fees into a new Section, renumbering Sections;
and providing an effective date.
Attachments:ORD 2011-07 Sched of Fees_track changes.pdf
ORD 2011-07 Sched of Fees_changes accepted.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding an Ordinance amending Chapter 1 of the Code of Ordinances,
"Administration", Article VIII, "Schedule of Fees" by amending various Planning and Zoning fees, Animal Control Fees,
Emergency Medical Services Billing Fees, Parks and Recreation fees, by combining Parks and Recreation and Pool fees
into a new Section, renumbering Sections; and providing an effective date.
Explanation
Planning & Zoning Department - Increase fee for Conditional Use Permit from $200 + $15/acre to $300 + $15/acre to
match the fee required to apply for a Specific Use Permit. The amount of review time and consideration for a conditional
use permit is the same as for a specific use permit. $300 is a reasonable fee for the amount of time spent in review and
processing of an SUP or CUP request. An SUP or CUP requires research of the request, writing a staff report, sending
out public hearing notices, scheduling the item on a Planning and Zoning Commission agenda and Town Council agenda
and presentation of the request to both of those bodies; during the entire process the applicant must be kept informed of
each step and advised of their role before P&Z and Council. A $300 fee, plus $15 per acre, does not pay in full, but does
offset, the staff time spent on the above tasks.
Animal Control- 1. Section 8.06 - Animal Control Subsection C. Fee for transport needs to be changed from $10 to $30.
It costs more to catch and transport an animal than it does to house them. The impound fee needs to be changed from
$30 a day to $10 a day. At $30 a day, an individual can run up a $100 bill to the town in 3 days (adding in a transport
fee). We have had some individuals who wanted to surrender or abandon the animal due to the shelter fees. In either
case there is a penalty. We charge a surrender fee ($50) or issue a citation for abandonment of the animal. This change
would reduce the possibility that someone might surrender or abandon an animal.
2. Section 8.06 - Animal Control Subsection G. These fees should be eliminated. The Town has a contract with a
vendor for euthanasia services and, in most cases, the resident does not have an option of whether or not to euthanize.
Management recommends approval to changes in fee schedule and elimination of euthanasia fee for wildlife caught in
personally owned traps (if euthanasia is performed).
EMS - These changes are required to maintain compliance with Medical Protocols and adjust for dramatic increase in
pharmacy cost. The mileage cost calculations in increments of 10th of a mile are to maintain compliance with federal
regulation for billing Medicare patients.
Parks and Recreation - Several pool fees have been changed in order to more correctly address family memberships,
create a residential pool guest pass, new rental fees to allow for a greater utilization of the facility and reduced non-
resident costs to foster a better relationship with our neighboring cities. Trophy Club Park regular entry fees are being
reduced to encourage more resident attendance to the park and also to encourage regional visitation to the park.
Town Council 52 of 202 Meeting Date: February 24, 2011
File #: 2011-90-T, Version: 1
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 #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
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 Justitification to Council
Management recommends approval to changes in fee schedule.
Town Council 53 of 202 Meeting Date: February 24, 2011
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2011-07
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES, ENTITLED
“ADMINISTRATION”, ARTICLE VIII, ENTITLED “SCHEDULE OF
FEES”, PROVIDING FOR THE INCORPORATION OF PREMISES;
PROVIDING FOR AMENDMENTS BY REPEALING AND AMENDING
VARIOUS SECTIONS OF THE SCHEDULE OF FEES: AMENDING
SECTION 8.04 ENTITLED “PLANNING & ZONING DEPARTMENT”,
AMENDING SECTION 8.06, ENTITLED “ANIMAL CONTROL”,
AMENDING SECTION 8.07, ENTITLED “EMERGENCY MEDICAL
SERVICES BILLING”, AMENDING SECTION 8.12 ENTITLED
“COMMUNITY POOL COMPLEX” BY RENAMING IT TO “PARKS &
RECREATION” AND PLACING ALL PARKS, RECREATION AND
POOL FEES IN SECTION 8.12, REPEALING SECTION 8.15 ENTITLED
“PARKS & RECREATION” AND RENUMBERING SECTION 8.16
ENTITLED “PUBLIC WORKS FOR PUBLIC IMPROVEMENT DISTRICT
NO. 1” TO SECTION 8.15 ENTITLED “PUBLIC WORKS FOR PUBLIC
IMPROVEMENT DISTRICT NO. 1”; PROVIDING A SAVINGS AND
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under
its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution; and
WHEREAS, Town staff has reviewed the fees that it charges for various services
and has determined that based upon the costs of providing those services, and in some
cases, based upon amounts charged the Town by third parties, some Town fees are in
need of adjustment; and
WHEREAS, Town staff is proposing both decreases and increases to Town fees;
and
WHEREAS, the Town Council has the authority via ordinance to establish
reasonable fees to cover the costs of services provided by the Town; and
WHEREAS, having reviewed the proposed cost adjustments, the Town Council
finds that the proposed fee adjustments are reasonable and necessary to pay the
administrative costs associated with providing services to the public; and
Town Council 54 of 202 Meeting Date: February 24, 2011
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENTS
2.01 Article VIII entitled, “Schedule of Fees” of Chapter 1, entitled “Administration”
of the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.04 entitled
“Planning & Zoning Department”, Subsection T “Conditional Use Permit” is
hereby amended so that Section 8.04 (T) shall be and read in its entirety as follows:
T. Conditional Use Permit
$300 + 15/acre
2.02 Article VIII entitled, “Schedule of Fees” of Chapter 1, entitled “Administration”
of the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.06 entitled
“Animal Control”, Subsection C “Impoundment Fee Plus Transportation Fee” and
Subsection G “Euthanasia” are hereby amended so that Section 8.06(C) and Section
8.06(G) shall be and read in their entirety as follows:
C. Impound Fee plus $10.00/day
Transportation Fee $30.00
G. Euthanasia:
Pay the following fees for euthanasia with disposal based on type and or weight of
animal:
Wildlife (captured in privately owned trap) $20 per animal
Only if caught in a privately owned trap
Adult Dog (under 30lbs) $20 per animal
Adult Dog (over 30lbs) $30 per animal
Adult Cat $20 per animal
Kittens $20 per litter
Puppies $5 per animal
If caught in a private trap and surrendered to Animal Surrender fee shall apply. A single
litter of kittens or puppies shall count as one surrender fee. The euthanasia fee shall be
waived if the surrender fee is paid.
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Deleted: $200.+ $15/acre
Deleted: 30
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Town Council 55 of 202 Meeting Date: February 24, 2011
2.03 Article VIII entitled, “Schedule of Fees” of Chapter 1, entitled “Administration”
of the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.07 entitled
“Emergency Medical Services Billing”, is hereby amended so that those Subsections
set forth below shall be and read in their entirety as follows:
I. ALS Emergency Mileage 15.00
Amount calculated per mile or portion thereof
J. ALS Non-Emergency Mileage 15.00
Amount calculated per mile or portion thereof
K. BLS Emergency Mileage 15.00
Amount calculated per mile or portion thereof
L. BLS Non-Emergency Mileage 15.00
Amount calculated per mile or portion thereof
X.X. Drug -Glucagon 1 mg
285.00
E.E.E. Drug -Naloxone 1 mg IV
43.20
O.O.O. Drug -Thiamine 100 mg IV
36.00
A.A.A.A. IV - Lorazepam / Ativan 35.00
B.B.B.B. IV - Haldol / Haloperidol 17.35
C.C.C.C. IV - Ondansetron / Zofran 4.50
D.D.D.D. Nitroglycerine Spray 10.10
E.E.E.E. IV - Hydromorphone / Dilaudid 6.50
F.F.F.F. IV - Hydralazine 25.38
G.G.G.G. IV - Budesonide / Pulmicort 37.50
H.H.H.H. IV - Amiodarone / Cordarone 31.25
2.04 Article VIII entitled, “Schedule of Fees” of Chapter 1, entitled “Administration”
of the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.12, entitled
“Community Pool”, is hereby repealed in its entirety and a new Section 8.12 entitled
“Parks & Recreation” combining community pool and parks and recreation fees is
adopted so that Section 8.12 shall be and read in its entirety as follows:
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Town Council 56 of 202 Meeting Date: February 24, 2011
Section 8.12. Parks & Recreation
All fees are to be paid at the time of reservation and are based on availability.
Rates shown are for each reservation and are based on a two (2) hour minimum
rental period.
Additional rental hours will be charged at one-half (1/2) of the 2 hour rate fee set
forth below.
Fees are not applicable to members of the Trophy Club youth sports
associations when they are participating in Trophy Club youth sports
association sponsored activities.
A. Reservations Resident Non-Resident
1. Harmony Soccer Field - Lighted $50.00 $80.00
2. Harmony Soccer Field – Unlighted $30.00 $60.00
3. Independence Baseball Field -
Lighted
$50.00 $80.00
4. Independence Baseball Field -
Unlighted
$30.00 $60.00
5. Pavilion Rental $50.00 $100.00
B. Trophy Club Park
1. Vehicle Entry $1.00
2. ATV/Motorcycle $12.00
3. Boat Entry $5.00
C. Community Pool Fees
Pool rental fees listed below are for a minimum two (2) hour period.
Resident Rates*
Daily Rate $3.00
Off Season Daily Rate** $2.00
Individual Season Pass $25.00
Family Pass (Up to 4 Members) $50.00
Additional Family Members $10.00/Member
Resident Guest Pass (Unassigned
Pass valid for entire season)
$20.00/Pass
Non-Resident Rates*
Daily Rate $5.00
Off Season Daily Rate** $3.00
Individual Season Pass $50.00
Family Season Pass
$100.00
*Children under 35 inches admitted free of charge.
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Town Council 57 of 202 Meeting Date: February 24, 2011
**”Off Season” means the period outside of the normal operating season of the
Pool.
Pool Rental Rates
Small Pool Rental
Bathers 01-50 $150.00
Large Pool Rental
Bathers 01-50 $150.00
Bathers 51-80 $180.00
Bathers 81-100 $200.00
Bathers 100 Plus $250.00
Both Pool Rental (same time)
Bathers 01-50 $200.00
Bathers 51-80 $250.00
Bathers 81 Plus $300.00
Spray Pad Rental $225.00
Pavilion Reservation $100.00
Community Pool Complex Rental $500.00
Deposit Charges
Bathers 01-50 $100.00
Bathers 51 Plus $250.00
A Deposit Charge will be held with the application until after the reservation is
completed. The minimum rental time allowed is two (2) hours.
Additional rental hours will be charged at one-half (1/2) of the 2 hour rate fee set
forth above. Cancellations with less than a twenty-four (24) hour notice will
result in the forfeiture of the deposit.
Cancellations with less than a one (1) week notice will result in the forfeiture of
fifty percent (50%) of the deposit
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above are for a two (2) hour period.
Deleted: After the initial two (2) hour
period, additional rental time will be
charged in increments of
Deleted: per hour of use
Town Council 58 of 202 Meeting Date: February 24, 2011
2.05 Article VIII entitled, “Schedule of Fees” of Chapter 1, entitled “Administration” of
the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.15, entitled
“Parks & Recreation”, is hereby repealed in its entirety and Section 8.16 entitled
“Public Works for Public Improvement District No. 1” is renumbered to be Section
8.15 “Public Works for Public Improvement District No. 1”.
SECTION 3.
SAVINGS AND REPEALER
This Ordinance shall be cumulative of all other Ordinances and shall not repeal
any of the provisions of such Ordinances, whether such Ordinances are codified or
uncodified, except for those instances where there are direct conflicts with the
provisions of this Ordinance and where such other Ordinance(s) do not specifically state
that fees contained therein take precedence. 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 any such Ordinance on the date of adoption of this
Ordinance shall continue to be governed by the provisions of such Ordinance and for
that purpose the Ordinance shall remain in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
declares it would have passed such remaining of the Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in accordance with the Town Charter and by filing this
Ordinance in the Ordinance records of the Town.
SECTION 6.
EFFECTIVE DATE
This Ordinance shall take effect upon its passage and publication in accordance
with the law, and it is so ordained.
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Town Council 59 of 202 Meeting Date: February 24, 2011
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this the 24th day of February, 2011.
_______________________________
Mayor, Connie White
Town of Trophy Club, Texas
ATTEST:
_______________________________
Town Secretary, Shannon DePrater
Town of Trophy Club, Texas
[SEAL]
_______________________________
Town Attorney, Patricia A. Adams
Town of Trophy Club, Texas
Town Council 60 of 202 Meeting Date: February 24, 2011
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2011-07
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES, ENTITLED
“ADMINISTRATION”, ARTICLE VIII, ENTITLED “SCHEDULE OF
FEES”, PROVIDING FOR THE INCORPORATION OF PREMISES;
PROVIDING FOR AMENDMENTS BY REPEALING AND AMENDING
VARIOUS SECTIONS OF THE SCHEDULE OF FEES: AMENDING
SECTION 8.04 ENTITLED “PLANNING & ZONING DEPARTMENT”,
AMENDING SECTION 8.06, ENTITLED “ANIMAL CONTROL”,
AMENDING SECTION 8.07, ENTITLED “EMERGENCY MEDICAL
SERVICES BILLING”, AMENDING SECTION 8.12 ENTITLED
“COMMUNITY POOL COMPLEX” BY RENAMING IT TO “PARKS &
RECREATION” AND PLACING ALL PARKS, RECREATION AND
POOL FEES IN SECTION 8.12, REPEALING SECTION 8.15 ENTITLED
“PARKS & RECREATION” AND RENUMBERING SECTION 8.16
ENTITLED “PUBLIC WORKS FOR PUBLIC IMPROVEMENT DISTRICT
NO. 1” TO SECTION 8.15 ENTITLED “PUBLIC WORKS FOR PUBLIC
IMPROVEMENT DISTRICT NO. 1”; PROVIDING A SAVINGS AND
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under
its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution; and
WHEREAS, Town staff has reviewed the fees that it charges for various services
and has determined that based upon the costs of providing those services, and in some
cases, based upon amounts charged the Town by third parties, some Town fees are in
need of adjustment; and
WHEREAS, Town staff is proposing both decreases and increases to Town fees;
and
WHEREAS, the Town Council has the authority via ordinance to establish
reasonable fees to cover the costs of services provided by the Town; and
WHEREAS, having reviewed the proposed cost adjustments, the Town Council
finds that the proposed fee adjustments are reasonable and necessary to pay the
administrative costs associated with providing services to the public; and
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Town Council 61 of 202 Meeting Date: February 24, 2011
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENTS
2.01 Article VIII entitled, “Schedule of Fees” of Chapter 1, entitled “Administration”
of the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.04 entitled
“Planning & Zoning Department”, Subsection T “Conditional Use Permit” is
hereby amended so that Section 8.04 (T) shall be and read in its entirety as follows:
T. Conditional Use Permit $300 + 15/acre
2.02 Article VIII entitled, “Schedule of Fees” of Chapter 1, entitled “Administration”
of the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.06 entitled
“Animal Control”, Subsection C “Impoundment Fee Plus Transportation Fee” and
Subsection G “Euthanasia” are hereby amended so that Section 8.06(C) and Section
8.06(G) shall be and read in their entirety as follows:
C. Impound Fee plus $10.00/day
Transportation Fee $30.00
G. Euthanasia:
Pay the following fees for euthanasia with disposal based on type and or weight of
animal:
Wildlife (captured in privately owned trap) $20 per animal
Only if caught in a privately owned trap
Adult Dog (under 30lbs) $20 per animal
Adult Dog (over 30lbs) $30 per animal
Adult Cat $20 per animal
Kittens $20 per litter
Puppies $5 per animal
If caught in a private trap and surrendered to Animal Surrender fee shall apply. A single
litter of kittens or puppies shall count as one surrender fee. The euthanasia fee shall be
waived if the surrender fee is paid.
2.03 Article VIII entitled, “Schedule of Fees” of Chapter 1, entitled “Administration”
of the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.07 entitled
“Emergency Medical Services Billing”, is hereby amended so that those Subsections
set forth below shall be and read in their entirety as follows:
Town Council 62 of 202 Meeting Date: February 24, 2011
I. ALS Emergency Mileage 15.00
Amount calculated per mile or portion thereof
J. ALS Non-Emergency Mileage 15.00
Amount calculated per mile or portion thereof
K. BLS Emergency Mileage 15.00
Amount calculated per mile or portion thereof
L. BLS Non-Emergency Mileage 15.00
Amount calculated per mile or portion thereof
X.X. Drug -Glucagon 1 mg
285.00
E.E.E. Drug -Naloxone 1 mg IV
43.20
O.O.O. Drug -Thiamine 100 mg IV
36.00
A.A.A.A. IV - Lorazepam / Ativan
35.00
B.B.B.B. IV - Haldol / Haloperidol
17.35
C.C.C.C. IV - Ondansetron / Zofran 4.50
D.D.D.D. Nitroglycerine Spray 10.10
E.E.E.E. IV - Hydromorphone / Dilaudid 6.50
F.F.F.F. IV - Hydralazine 25.38
G.G.G.G. IV - Budesonide / Pulmicort 37.50
H.H.H.H. IV - Amiodarone / Cordarone 31.25
2.04 Article VIII entitled, “Schedule of Fees” of Chapter 1, entitled “Administration”
of the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.12, entitled
“Community Pool”, is hereby repealed in its entirety and a new Section 8.12 entitled
“Parks & Recreation” combining community pool and parks and recreation fees is
adopted so that Section 8.12 shall be and read in its entirety as follows:
Section 8.12. Parks & Recreation
All fees are to be paid at the time of reservation and are based on availability. Rates
shown are for each reservation and are based on a two (2) hour minimum rental period.
Additional rental hours will be charged at one-half (1/2) of the 2 hour rate fee set forth
below.
Fees are not applicable to members of the Trophy Club youth sports associations
Town Council 63 of 202 Meeting Date: February 24, 2011
when they are participating in Trophy Club youth sports association sponsored
activities.
A. Reservations Resident Non-Resident
1. Harmony Soccer Field - Lighted $50.00 $80.00
2. Harmony Soccer Field – Unlighted $30.00 $60.00
3. Independence Baseball Field - Lighted $50.00 $80.00
4. Independence Baseball Field -
Unlighted
$30.00 $60.00
5. Pavilion Rental $50.00 $100.00
B. Trophy Club Park
1. Vehicle Entry $1.00
2. ATV/Motorcycle $12.00
3. Boat Entry $5.00
C. Community Pool Fees
Pool rental fees listed below are for a minimum two (2) hour period.
Resident Rates*
Daily Rate $3.00
Off Season Daily Rate** $2.00
Individual Season Pass $25.00
Family Pass (Up to 4 Members) $50.00
Additional Family Members $10.00/Member
Resident Guest Pass (Unassigned Pass
valid for entire season)
$20.00/Pass
Non-Resident Rates*
Daily Rate $5.00
Off Season Daily Rate** $3.00
Individual Season Pass $50.00
Family Season Pass
$100.00
*Children under 35 inches admitted free of charge.
**”Off Season” means the period outside of the normal operating season of the Pool.
Pool Rental Rates
Small Pool Rental
Bathers 01-50 $150.00
Large Pool Rental
Bathers 01-50 $150.00
Bathers 51-80 $180.00
Bathers 81-100 $200.00
Bathers 100 Plus $250.00
Town Council 64 of 202 Meeting Date: February 24, 2011
Both Pool Rental (same time)
Bathers 01-50 $200.00
Bathers 51-80 $250.00
Bathers 81 Plus $300.00
Spray Pad Rental $225.00
Pavilion Reservation $100.00
Community Pool Complex Rental $500.00
Deposit Charges
Bathers 01-50 $100.00
Bathers 51 Plus $250.00
A Deposit Charge will be held with the application until after the reservation is
completed. The minimum rental time allowed is two (2) hours.
Additional rental hours will be charged at one-half (1/2) of the 2 hour rate fee set forth
above. Cancellations with less than a twenty-four (24) hour notice will result in the
forfeiture of the deposit.
Cancellations with less than a one (1) week notice will result in the forfeiture of fifty
percent (50%) of the deposit
2.05 Article VIII entitled, “Schedule of Fees” of Chapter 1, entitled “Administration” of
the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.15, entitled
“Parks & Recreation”, is hereby repealed in its entirety and Section 8.16 entitled
“Public Works for Public Improvement District No. 1” is renumbered to be Section
8.15 “Public Works for Public Improvement District No. 1”.
SECTION 3.
SAVINGS AND REPEALER
This Ordinance shall be cumulative of all other Ordinances and shall not repeal
any of the provisions of such Ordinances, whether such Ordinances are codified or
uncodified, except for those instances where there are direct conflicts with the
provisions of this Ordinance and where such other Ordinance(s) do not specifically state
that fees contained therein take precedence. 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 any such Ordinance on the date of adoption of this
Ordinance shall continue to be governed by the provisions of such Ordinance and for
that purpose the Ordinance shall remain in full force and effect.
Town Council 65 of 202 Meeting Date: February 24, 2011
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
declares it would have passed such remaining of the Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in accordance with the Town Charter and by filing this
Ordinance in the Ordinance records of the Town.
SECTION 6.
EFFECTIVE DATE
This Ordinance shall take effect upon its passage and publication in accordance
with the law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 24th day of February, 2011.
_______________________________
Mayor, Connie White
Town of Trophy Club, Texas
ATTEST:
_______________________________
Town Secretary, Shannon DePrater
Town of Trophy Club, Texas
[SEAL]
_______________________________
Town Attorney, Patricia A. Adams
Town of Trophy Club, Texas
Town Council 66 of 202 Meeting Date: February 24, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-72-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/15/2011 Town Council
On agenda:Final action:2/24/2011
Title:Consider and take appropriate action regarding an Agreement for Professional Services with Freese
and Nichols to conduct a drainage analysis of the Town in an amount not to exceed $87,900.00, and
authorizing the Town Manager to execute all necessary documents.
Attachments:Staff Report - Drainage Analysis - TC Feb 24 2011.pdf
Agreement for Professional Services.pdf
TC Council 2-24-11.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding an Agreement for Professional Services with Freese and Nichols to
conduct a drainage analysis of the Town in an amount not to exceed $87,900.00, and authorizing the Town Manager to
execute all necessary documents.
Goals
Goal #5: A community in which the infrastructure supports its residents
Develop a realistic Capital Improvement Plan
Build a premier parks system
Attracts visitors to park destinations
Provide necessary resources to maintain all improvements, new and existing
Town Council 67 of 202 Meeting Date: February 24, 2011
TOWN COUNCIL
STAFF REPORT
February 24, 2011
Drainage Study
SUBJECT: Consider and take appropriate action to approve an
Agreement for Professional Services with Freese and Nichols
to conduct a drainage analysis of the Town, with a not to
exceed fee of $87,900.00, authorizing the Town Manager to
execute all necessary documents.
On January 3, 2011, the Town Council authorized the Town Manager to enter
into negotiations with an engineering firm to conduct a drainage analysis of the
Town. The Town Manager has completed negotiations with Freese and Nichols,
Inc. (FNI) and attached is an “Agreement for Professional Services” for Council
approval.
The agreement proposes a scope of work in three phases. The first phase is
authorized with this agreement, and each subsequent phase will require
authorization from the Town Manager.
Compensation: FNI shall perform professional services as outlined in the
“Scope of Services” for a total not to exceed fee of $87,900.00 to include Basis
Services lump sum fee of $70,300 and Special Services lump sum fee of
$17,600.
Phase 1
Analysis of four major study areas:
(1) Trophy Club Drive at Marshall Branch Channel Crossing
(2) Skyline Creek Channel Analysis
(3) The Knoll/Overhill Drive Drainage Analysis
(4) Fresh Meadow/Inverness Pond and Local Drainage Analysis
Subsequent phases that will require authorization:
Phase 2
Study of remaining closed drainage systems within the Town to determine
adequate capacity. Identifying and ranking potential drainage improvements for
problem areas within the Town; and developing a Storm Water Capital
Town Council 68 of 202 Meeting Date: February 24, 2011
Improvement Plan (CIP) to implement the most severe/highest priority CIP
projects for the Town.
Phase 3
Pursue grant funding and coalitions with surrounding communities to fund a
regional study of Marshall Branch and Indian Creek watersheds. Evaluate the
adequacy of the Town storm water utility fee and the change in fee necessary to
fund identified improvements.
RECOMMENDATION: A motion to approve the “Agreement for Professional
Services” contract with Freese and Nichols, with a not to exceed fee of
$87,900.00, and authorizing the Town Manager to execute all necessary
documents.
Town Council 69 of 202 Meeting Date: February 24, 2011
L:\Resources\cbs\T\TrophyClub\Master Plan\Contract
AGREEMENT FOR PROFESSIONAL SERVICES
STATE OF TEXAS §
COUNTY OF TARRANT §
This Agreement for Professional Services, hereinafter called “AGREEMENT” is entered into by TOWN OF
TROPHY CLUB, TEXAS, hereinafter called “TOWN” and Freese and Nichols, Inc., hereinafter called “FNI.”
In consideration of the AGREEMENTS herein, the parties agree as follows:
I. EMPLOYMENT OF FNI: In accordance with the terms of this AGREEMENT: TOWN agrees to
employ FNI; FNI agrees to perform professional services in connection with the Project; TOWN agrees
to pay to FNI compensation. The Project is described as follows: Trophy Club Storm Water Master
Plan, Phase I authorized; future phases to be authorized by contract amendment.
II. SCOPE OF SERVICES: FNI shall render professional services in connection with Project as set forth
in Attachment SC - Scope of Services and Responsibilities of TOWN which is attached to and made a
part of this AGREEMENT.
III. COMPENSATION: TOWN agrees to pay FNI for all professional services rendered under this
AGREEMENT in accordance with Attachment CO - Compensation which is attached hereto and made a
part of this AGREEMENT. FNI shall perform professional services as outlined in the “Scope of
Services” for a total not to exceed fee of $87,900.00 to include Basis Services lump sum fee of $70,300
and Special Services is a lump sum fee of $17,600. Details concerning the fee are included in
Attachment CO.
If FNI’s services are delayed or suspended by TOWN, or if FNI’s services are extended for more than 60
days through no fault of FNI, FNI shall be entitled to equitable adjustment of rates and amounts of
compensation to reflect reasonable costs incurred by FNI in connection with such delay or suspension
and reactivation and the fact that the time for performance under this AGREEMENT has been revised.
IV. TERMS AND CONDITIONS OF AGREEMENT: The Terms and Conditions of Agreement as set
forth in Attachment TC shall govern the relationship between the TOWN and FNI.
Nothing under this AGREEMENT shall be construed to give any rights or benefits in this AGREEMENT to
anyone other than TOWN and FNI, and all duties and responsibilities undertaken pursuant to this
AGREEMENT will be for the sole and exclusive benefit of TOWN and FNI and not for the benefit of any other
party.
This AGREEMENT constitutes the entire AGREEMENT between TOWN and FNI and supersedes all prior
written or oral understandings.
This contract is executed in two counterparts.
IN TESTIMONY HEREOF, they have executed this AGREEMENT, the _____ day of _______________, 2011 .
ATTEST: TOWN OF TROPHY CLUB, TEXAS (TOWN)
By:
Printed or Typed Name and Title
ATTEST:
FREESE AND NICHOLS, INC. (FNI)
By:
Printed or Typed Name and Title
Town Council 70 of 202 Meeting Date: February 24, 2011
L:\Resources\cbs\T\TrophyClub\Master Plan\Contract FNI______
SC-1 TOWN______
ATTACHMENT SC
SCOPE OF SERVICES AND RESPONSIBILITIES OF TOWN
ARTICLE I
BASIC SERVICES: FNI shall render the following professional services in connection with the
development of the Project:
The purpose of this scope of work is to provide a phased approach to a comprehensive Storm Water Master
Plan for the Town of Trophy Club (TOWN). Freese and Nichols, Inc. (FNI) proposes to perform the work in
three phases. The first phase will be initially authorized and each subsequent phase will require additional
authorization. FNI proposes the following scope of work to include:
Phase 1: Analysis of 6 identified drainage problems areas within the TOWN and identification of
proposed construction improvements for each area. ;
Phase 2: Study of remaining closed drainage systems within the TOWN to determine adequate
capacity. Identifying and ranking potential drainage improvements for problem areas within the
TOWN; and Developing a Storm Water CIP to implement the most severe/highest priority CIP
projects for the TOWN.
Phase 3: Pursue grant funding and coalitions with surrounding communities to fund regional study
of Marshal Branch and Indian Creek watersheds. Evaluate the adequacy of the TOWN storm water
utility fee and the change in fee necessary to fund identified improvements.
Project deliverables will include a Storm Water CIP Summary Report that includes identified problem area
descriptions, preliminary evaluation methodology and results, CIP ranking procedures and results, proposed
CIP alternatives and opinions of probable construction cost.
Phase I – Study of Known Problem Areas
A. Project Management and Meetings
a. Project Kickoff Meeting: Meet with TOWN to review scope and schedule of the Project and
critical Project milestones. FNI will present a memorandum outlining data needed for the
Project and will review the data request memorandum with TOWN to determine what data and
data format is available from TOWN.
b. FNI will conduct one (1) meeting with TOWN after Data Collection is complete. This
meeting will be to review field visits and summarize problems identified and confirm the
Project Areas to be studied in more detail in the next project task.
c. Conduct one public meeting with residents to obtain input, information on historical drainage
concerns and to assist in determining project priorities.
d. Provide TOWN Council Update: Attend up to two (2) TOWN Council meeting to update
Council on the results of the analysis.
B. Data Collection
a. FNI will obtain existing drainage criteria and drainage ordinances utilized by the TOWN.
b. FNI will obtain available GIS, topographic maps, zoning maps, thoroughfare master plan,
previous studies and land use maps from TOWN. FNI will prepare a TOWN basemap using
the collected information.
c. FNI will coordinate with TOWN to request all FEMA data from the FEMA library including
FIS studies, current FIRM maps, effective hydrologic and hydraulic models and work maps.
d. FNI will obtain “As-Built” plans for culvert/bridge crossings and channel improvements for
identified project areas.
Town Council 71 of 202 Meeting Date: February 24, 2011
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e. FNI will interview TOWN’s staff to confirm recurring flood problems such as flooding
damage, road overtopping, major erosion concerns and damage to TOWN infrastructure.
f. Perform one (1) field visits to observe and photograph identified project areas.
C. Study of Identified Project Areas
The TOWN has provided a preliminary list of six (6) identified potential drainage improvement
projects. During the scoping phase of this project, the identified projects were combined into four (4)
major study areas. This first phase of the contract will be to study the four areas as outlined and
further described below, and to identify improvements for future design projects. FNI will provide
the TOWN with information regarding existing conditions, alternative project development, and
construction cost opinions. The following is the preliminary list of drainage projects:
# Project Area Description
1
Trophy Club Drive at Marshall Branch
Channel Crossing
2 Skyline Creek Channel Analysis
3 The Knoll/Overhill Drive Drainage Analysis
4
Fresh Meadow/Inverness Pond and Local
Drainage analysis
a. Existing Condition Hydrologic and Hydraulic Analyses
1. Trophy Club Drive at Marshall Branch Channel Crossing Analysis
i. FNI will obtain and utilize existing Hydrologic and Hydraulic models of Marshall
Branch for this analysis. This scope assumes that existing hydrologic and hydraulic
models are available for use in this analysis.
ii. Obtain field survey of the current Trophy Club Drive crossing and field survey four
(4) representative cross sections upstream and downstream of the crossing.
iii. Determine existing return event capacity for the crossing and document depths of
expected overtopping for the 2-, 10-, 25- and 100-year storms. This documentation
will include the storm event that first exceeds TOWN’s right-of-way, and the storm
event that first causes structure flooding. Structure finish floor elevations will be
estimated from two-foot topography.
iv. Determined required crossing improvement sizing. Size up to three (3) alternative
scenarios as follows: 100-year bridge improvements, 100-year culvert
improvements and a culvert improvement scenario for a lower return event as
determined in consultation with TOWN staff.
v. Deliverable will be schematic layout with sizing information appropriate to begin
final design.
2. Indian Creek Channel Study
Three identified problem areas, the Indian Creek Crossing at Greenleaf Drive, the Indian
Creek Crossing at Indian Creek Drive and home flooding on Skyline Drive are combined
into a channel study of Indian Creek between T.W. King Drive and the Golf Course,
approximately 2,300 linear feet of channel analysis. The purpose of the channel analysis
will be to identify the limits of existing floodplain and the depth of overtopping at the two
roadway crossings. The study will identify recommended improvement sizing and
propose projects for future design.
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i. FNI will obtain and utilize existing Hydrologic and Hydraulic models of Indian
Creek for this analysis. This scope assumes that existing hydrologic and hydraulic
models are available for use in this analysis.
ii. Obtain field survey of fifteen (15) representative channel cross-sections on
approximately 100-foot intervals and at the crossings of Greenleaf Drive and Indian
Creek Drive.
iii. FNI will modify hydrologic models to determine discharges for fully developed
watershed conditions at up to three design points.
iv. Utilizing channel survey cross-sections and available two-foot topography, modify
existing hydraulic models to create a representative model for existing conditions.
v. Based on two foot topography, identify number and location of residential structures
within the existing 100-year floodplain. Structure finish floor elevations will be
estimated from two-foot topography.
vi. FNI will provide up to two channel improvement scenarios and up to two alternative
crossing alignments at Indian Creek and Greenleaf Drives
vii. Project deliverables will include existing conditions floodplain maps, plan view
exhibits with conceptual improvement sizing, typical cross-section drawings and
opinions of probable cost for both channels and both crossing impacts described in
Section vi above.
3. Overhill Drive Drainage Analysis
i. FNI will review the existing detention pond and outflow structure on the golf course
using the existing calculations and plans as provided by the TOWN to verify inflow
and outflow rates.
ii. FNI will review the closed system calculations prepared by Teague, Nall, & Perkins
(TNP) for the Overhill Drive, Timber Ridge Drive and Indian Creek Outfall
drainage system.
iii. FNI will document findings and recommend improvements if necessary.
4. Fresh Meadow/Inverness Drainage Analysis
i. FNI will delineate local watershed basins describing on-site and off-site drainage
areas and flow patterns.
ii. Obtain field survey of the pond outfall, dam, surrounding grading and approximately
300 feet of downstream channel.
iii. FNI will analyze the existing pond and outfall structure on Trophy Club Country
Club Golf Course to determine its storage and outflow capacities.
iv. The channel and grading downstream of the pond will be analyzed to document
existing conditions.
v. Analyze existing drainage system in Fresh Meadow Drive Cul-de-sac to determine
existing design capacity.
vi. Recommend improvements to closed drainage system and inlets in Fresh Meadow
Cul de Sac to direct flows away from existing residential structures.
vii. Recommend modifications to pond outfall, spillway, and downstream channel to
alleviate flooding of homes in Fresh Meadow Cul de Sac.
viii. Deliverables will be plan view exhibits with conceptual sizing and opinions of
probable cost for both channel and both crossing improvement alternatives as
described in Section vi above.
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b. Alternative Analyses
i. Evaluate structural or non-structural alternatives such as watershed management
strategies, detention, buy-outs, increased capacity or diversion of flow to alleviate
existing or potential problems identified. One alternative will be selected with
TOWN coordination to finalize modeling.
ii. Prepare conceptual exhibits of selected alternative and opinion of probable
construction costs. These opinions of probable construction costs will be adequate
for budgeting purposes only, and will include land acquisition costs if applicable.
Long term loss tax revenue and maintenance costs will not be included. Right-of-
way, easements or utility conflicts will not be identified in this scope unless this
information is supplied by TOWN.
iii. Prepare documentation on the selected alternative and document what structures
may have potential for continued flooding given the selected alternative.
iv. Conduct one (1) meeting with TOWN after Alternative Analyses are complete. This
meeting will be to present results of alternative drainage improvements for each
Project Area.
D. Report Development
a. FNI will prepare a Storm Water Summary Report that includes the identified problem area
descriptions, preliminary evaluation methodology and results, proposed alternatives, exhibits
and opinions of probable construction cost.
b. FNI will develop and deliver two (2) hard copies of the draft summary report.
c. FNI will receive and incorporate TOWN comments to the draft summary report.
d. FNI will develop and deliver two (2) hard copies of each final summary report.
e. A CD will be included in the final report which will contain electronic files of the reports,
models, exhibits, base mapping topography, orthophotographs, land use, and soils information.
Phase II – Closed Storm Drain System Capital Improvement Program
Phase II of this contract is to be negotiated and authorized upon completion of Phase I of the project, as
deemed necessary by Town staff and Council. A detailed fee will be provided at the time that authorization
is requested by the TOWN.
Phase II of this project includes analysis of the remaining closed storm drainage systems in the Town of
Trophy Club. These systems will be identified based on site visits with TOWN staff and as shown on the
TOWN’s available GIS database. Each system will be analyzed to determine existing conditions capacity
and improvements will be recommended for each deficient system to meet the TOWN’s design criteria for
fully-developed watershed conditions. The recommended improvements will include opinions of probable
construction cost. A ranking system will be created, with priorities determined in consultation with TOWN
staff. Rankings will be utilized to develop a Capital Improvements Program (CIP) to guide and prioritize
future drainage improvements construction in the TOWN. Improvement projects identified in Phase I of this
project will be incorporated into the CIP Rankings. It is anticipated that approximately 10 local drainage
areas will be evaluated in this phase of the Contract.
E. CIP Development
a. FNI will develop a ranking procedure to apply methodically to alternatives selected by
TOWN.
b. FNI will coordinate with TOWN to adjust the ranking procedures to conform to TOWN
specific requirements and gain staff input.
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c. FNI will finalize list of Projects that are ranked on a TOWN-wide basis. Coordinate with
TOWN staff to discuss potential mechanisms to fund Projects and the timing of expected
Project implementation.
d. FNI will conduct one (1) Council Workshop Presentation with TOWN Staff and TOWN
Council to present findings of CIP study, list potential Projects, funding mechanisms and the
timing of expected Project implementation. Meeting also intended to gain feedback from
TOWN Council on potential Projects.
e. FNI will conduct one (1) Council Meeting Presentation with TOWN Staff, TOWN Council
and general public to present findings of CIP study, list potential Projects, funding
mechanisms and the timing of expected Project implementation.
F. Report Development
a. FNI will prepare a Storm Water CIP Summary Report that includes identified problem area
descriptions, preliminary evaluation methodology and results, CIP ranking procedures and
results, problem areas selected for detailed study, proposed CIP alternatives, exhibits and
opinions of probable construction cost.
b. FNI will develop and deliver two (2) hard copies of the draft CIP report.
c. FNI will receive and incorporate TOWN comments to the draft CIP report.
d. FNI will develop and deliver two (2) hard copies of each final CIP report.
e. A CD will be included in the final report which will contain electronic files of the reports,
models, exhibits, base mapping topography, orthophotographs, land use, and soils information.
Phase III – Open Channel Regional Study Grant Funding Considerations
Phase III of this contract is to be negotiated and authorized at a future time as deemed necessary by TOWN
staff and council. A detailed fee will be provided at the time that authorization is requested by the TOWN.
G. Coordination with adjacent communities
a. Identify neighboring communities with watershed area impacting open channels in the Town
of Trophy Club.
b. Upon concurrence with Town staff, conduct meetings with adjacent communities to facilitate
interlocal agreements for basin-wide drainage studies.
c. Prepare up to three (3) grant applications to fund watershed planning studies as directed by
Town staff.
SPECIAL SERVICES: FNI shall render the following professional services in connection with the
development of the Project:
H. Field Survey (Brittain and Crawford)
a. A survey budget of $17,600.00 has been established for the survey data described in the above
Phase I scope. The detailed field survey is needed for the project to supplement project data
assuming plans and field conditions are in discrepancy or plans are not available. This task
will be billed on a lump sum basis for percentage of survey completed each month. If
additional survey is needed above that outlined in this scope, FNI may request and TOWN
may authorize additional services.
Town Council 75 of 202 Meeting Date: February 24, 2011
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ARTICLE II
ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by TOWN, which
are not included in the above described basic services, are described as follows:
A. Making revisions to drawings, specifications or other documents when such revisions are 1) not
consistent with approvals or instructions previously given by TOWN or 2) due to other causes not
solely within the control of FNI.
B. Preparing applications and supporting documents for government grants, loans, or planning advances
and providing data for detailed applications in addition to those provided pursuant to Section G
under Phase III.
C. Preparing data and reports for assistance to TOWN in preparation for hearings before regulatory
agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition,
and preparations therefore before any regulatory agency, court, arbitration panel or mediator.
D. Assisting TOWN in preparing for, or appearing at litigation, mediation, arbitration, dispute review
boards, or other legal and/or administrative proceedings in the defense or prosecution of claims
disputes with Contractor(s).
E. Assisting TOWN in the defense or prosecution of litigation in connection with or in addition to those
services contemplated by this AGREEMENT. Such services, if any, shall be furnished by FNI on a
fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT.
F. Providing environmental support services including the design and implementation of ecological
baseline studies, environmental monitoring, impact assessment and analyses, permitting assistance,
and other assistance required to address environmental issues.
G. Visits to the site in excess of the number of trips included in Article I for periodic site visits,
coordination meetings, or contract completion activities.
H. Providing services after the completion of the construction phase not specifically listed in Article I.
I. Providing basic or additional services on an accelerated time schedule. The scope of this service
include cost for overtime wages of employees and consultants, inefficiencies in work sequence and
plotting or reproduction costs directly attributable to an accelerated time schedule directed by the
TOWN.
J. Providing services made necessary because of unforeseen, concealed, or differing site conditions or
due to the presence of hazardous substances in any form.
K. Preparing statements for invoicing or other documentation for billing other than for the standard
invoice for services attached to this professional services agreement.
L. Provide Geotechnical investigations, studies and reports.
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ARTICLE III
TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this
AGREEMENT and agrees to complete the services in accordance with the following schedule:
Phase I shall be completed within six (6) months of Notice-to-Proceed. Schedule for future Phases shall be
determined upon authorization.
If FNI’s services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule
consistent with the number of days of delay. These delays may include but are not limited to delays in
TOWN or regulatory reviews, delays on the flow of information to be provided to FNI by TOWN,
governmental approvals, etc. These delays may result in an adjustment to compensation as outlined on the
face of this AGREEMENT and in Attachment CO. FNI shall notify Town of the existence of the delay and
request for additional time within seven (7) days of delaying event and specify amount of additional time
requested. Additional time shall be at the discretion of Town.
ARTICLE IV
RESPONSIBILITIES OF TOWN: TOWN shall perform the following in a timely manner so as not to
delay the services of FNI:
A. Designate in writing a person to act as TOWN’s representative with respect to the services to be
rendered under this AGREEMENT. Such person shall have contract authority to transmit
instructions, receive information, interpret and define TOWN’s policies and decisions with respect to
FNI’s services for the Project.
B. Provide all criteria and full information as to TOWN’s requirements for the Project, including design
objectives and constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations; and furnish copies of all design and construction
standards which TOWN will require to be included in the drawings and specifications.
C. Assist FNI by placing at FNI’s disposal all information accessible to Town pertinent to the Project
including previous reports and any other data relative to design or construction of the Project.
D. Use reasonable efforts to arrange for access to and make all provisions for FNI to enter upon public
and private property as required for FNI to perform services under this AGREEMENT.
E. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents
presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as TOWN
deems appropriate for such examination and render in writing decisions pertaining thereto within a
reasonable time so as not to delay the services of FNI.
F. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project
and such approvals and consents from others as may be necessary for completion of the Project.
G. Give prompt written notice to FNI whenever TOWN observes or otherwise becomes aware of any
development that affects the scope or timing of FNI’s services, or any defect or nonconformance of
the work of any Contractor.
H. Furnish, or direct FNI to provide, if authorized by Town, Additional Services as stipulated in
Attachment SC, Article II of this AGREEMENT or other services as required.
Town Council 77 of 202 Meeting Date: February 24, 2011
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I. Bear all costs incident to compliance with the requirements of this Article IV.
ARTICLE V
DESIGNATED REPRESENTATIVES: FNI and TOWN designate the following representatives:
TOWN’s Designated Representative - Name:
Address:
Phone:
Fax:
E-mail:
TOWN’s Accounting Representative - Name:
Address:
Phone:
Fax:
E-mail:
FNI’s Project Manager – Kelly Dillard, P.E., CFM
4055 International Plaza, Suite 200
Fort Worth, TX 76109
Phone: 817-735-7313
Fax: 817-735-7491
E-mail: kdd@freese.com
FNI’s Accounting Representative – Patti Allen
4055 International Plaza, Ste 200
Fort Worth, Texas 76109
Phone: 817-735-7466
Fax: 817-735-7491
E-mail: pla@freese.com
Town Council 78 of 202 Meeting Date: February 24, 2011
ATTACHMENT CO
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CO-1 TOWN______
COMPENSATION
A. Basic Services – Lump Sum: The total fee for Basic Services in Attachment SC shall be computed on a
lump sum basis as detailed below. If FNI sees the Scope of Services changing so that Additional
Services are needed, including but not limited to those services described as Additional Services in
Attachment SC, FNI will notify TOWN for TOWN’s approval before proceeding. Additional services
shall be computed based on the Schedule of Charges.
BASIC SERVICES – PHASE I:
A. Project Management and Meetings $15,600
B. Data Collection and Project Development $ 6,400
C. Trophy Club Drive Channel Crossing Analysis $14,200
D. Indian Creek Channel Analysis $13,300
E. Overhill Drive Drainage Review $ 4,000
F. Fresh Meadow/Inverness Pond Analysis $ 8,300
G. Report Development $ 8,500
BASIC SERVICES TOTAL $70,300
Special Services – Lump Sum: The total fee for Basic Services in Attachment SC shall be computed on
a lump sum basis as detailed below. If FNI sees the Scope of Services changing so that Additional
Services are needed, including but not limited to those services described as Additional Services in
Attachment SC, FNI will notify TOWN for TOWN’s approval before proceeding. Additional services
shall be computed based on the Schedule of Charges.
SPECIAL SERVICES: H. Field Survey $17,600
SPECIAL SERVICES TOTAL $17,600
PROJECT TOTAL FOR BASIC AND SPECIAL SERVICES: $87,900
B. Schedule of Charges:
Staff Member Salary Cost Times Multiplier of 2.14
Resident Representative Salary Cost Times Multiplier of 2.0
Salary Cost is defined as the cost of payroll of engineers, draftsmen, stenographers, surveymen, clerks,
laborers, etc., for the time directly chargeable to the project, plus social security contributions,
unemployment compensation insurance, retirement benefits, medical and insurance benefits, longevity
payments, sick leave, vacation and holiday pay applicable thereto.
Other Direct Expenses Actual Cost Times Multiplier of 1.10
Other direct expenses shall include outside printing and reproduction expense, communication expense,
travel, transportation and subsistence away from Fort Worth and other miscellaneous expenses directly
related to the work, including costs of laboratory analysis, test, and other work required to be done by
independent persons other than staff members. For CAD services performed In-house by non-FNI
employees where FNI provides workspace and equipment to perform such services, these services will
be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee
was performing the same or similar services.
Town Council 79 of 202 Meeting Date: February 24, 2011
ATTACHMENT CO
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CO-2 TOWN______
Rates for In-house Services
Computer Printing
$10.00 per hour Black and White
$0.10 per copy
Plotter Color
Bond $ 2.50 per plot $0.50 per copy
Special $ 5.00 per plot
Color $ 5.75 per plot Binding
$5.75 per book
Testing Apparatus
Density Meter $700.00 per month
Gas Detection $ 20.00 per test
3-10-04 365
Town Council 80 of 202 Meeting Date: February 24, 2011
Page 1of 2
FNI__________
OWNER__________
10-25-07 ATTACHMENT TC
TERMS AND CONDITIONS OF AGREEMENT
1. DEFINITIONS: The term Owner as used herein refers to the Town of Trophy Club, Texas . The term FNI as used
herein refers to Freese and Nichols, Inc., its employees and agents; also its subcontractors and their employees and agents. As
used herein, Services refers to the professional services performed by Freese and Nichols pursuant to the AGREEMENT.
2. CHANGES: Owner, without invalidating the AGREEMENT, may order changes within the general scope of the WORK
required by the AGREEMENT by altering, adding to and/or deducting from the WORK to be performed. If any change under
this clause causes an increase or decrease in FNI's cost of, or the time required for, the performance of any part of the Services
under the AGREEMENT, an equitable adjustment will be made by mutual agreement and the AGREEMENT modified in
writing accordingly.
3. TERMINATION: The obligation to provide services under this AGREEMENT may be terminated by either party upon ten
days' written notice. In the event of termination, FNI will be paid for all services rendered and reimbursable expenses incurred
to the date of termination and, in addition, all reimbursable expenses directly attributable to termination. FNI shall provide
Owner with work product developed to the date of termination, whether complete or incomplete,and all work product shall be
provided in an electronic form as specified by Owner.
4. CONSEQUENTIAL DAMAGES: In no event shall FNI or its subcontractors be liable in contract, tort, strict liability,
warranty, or otherwise for any special, indirect, incidental or consequential damages, such as loss of product, loss of use of the
equipment or system, loss of anticipated profits or revenue, non-operation or increased expense of operation or other
equipment or systems.
5. INFORMATION FURNISHED BY OWNER: Owner will assist FNI by placing at FNI's disposal all available information
pertinent to the Project including previous reports and any other data relative to design or construction of the Project. FNI
shall have no liability for defects or negligence in the Services attributable to FNI's reliance upon or use of data, design
criteria, drawings, specifications or other information furnished by Owner and to the extent allowed by law Owner agrees to
indemnify and hold FNI harmless from any and all claims and judgments, and all losses, costs and expenses arising therefrom.
FNI shall disclose to Owner, prior to use thereof, defects or omissions in the data, design criteria, drawings, specifications or
other information furnished by Owner to FNI that FNI may reasonably discover in its review and inspection thereof.
6. INSURANCE: FNI shall provide to Owner certificates of insurance which shall contain the following minimum coverage
(All limits in thousands):
Commercial General Liability Workers' Compensation
General Aggregate $2,000 Each Accident $500
Automobile Liability (Any Auto) Professional Liability
CSL $1,000 $3,000 Annual Aggregate
7. SUBCONTRACTS: If, for any reason, at any time during the progress of providing Services, Owner determines that any
subcontractor for FNI is incompetent or undesirable, Owner will notify FNI accordingly and FNI shall take immediate steps for
cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in
the AGREEMENT shall create any contractual relation between any subcontractor and Owner.
8. OWNERSHIP OF DOCUMENTS: All drawings, reports data and other project information developed in the execution of
the Services provided under this AGREEMENT shall be the property of the Owner upon payment of FNI's fees for services.
FNI may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for
reuse by Owner or others. Any reuse by Owner or by those who obtained said documents from Owner without written
verification or adaptation by FNI will be at Owner's sole risk and without liability or legal exposure to FNI, or to FNI's
independent associates or consultants, and to the extent allowed by law, Owner shall indemnify and hold harmless FNI and
FNI's independent associates and consultants from all claims, damages, losses and expenses including attorneys' fees arising
out of or resulting therefrom. Any such verification or adaptation will entitle FNI to further reasonable compensation. FNI
may reuse all drawings, report data and other project information in the execution of the Services provided under this
AGREEMENT in FNI's other activities. Any reuse by FNI will be at FNI's sole risk and without liability or legal exposure to
Owner, and FNI shall indemnify and hold harmless Owner from all claims, damages, losses and expenses including attorneys'
fees arising out of or resulting therefrom.
Town Council 81 of 202 Meeting Date: February 24, 2011
Page 2of 2
FNI__________
OWNER__________
9. POLLUTANTS AND HAZARDOUS WASTES: It is understood and agreed that FNI has neither created nor contributed to
the creation or existence of any hazardous, radioactive, toxic, irritant, pollutant, or otherwise dangerous substance or condition
at the site, if any, and its compensation hereunder is in no way commensurate with the potential risk of injury or loss that may
be caused by exposures to such substances or conditions. The parties agree that in performing the Services required by this
AGREEMENT, FNI does not take possession or control of the subject site, but acts as an invitee in performing the services,
and is not therefore responsible for the existence of any pollutant present on or migrating from the site. Further, FNI shall have
no responsibility for any pollutant during clean-up, transportation, storage or disposal activities.
10. OPINION OF PROBABLE COSTS: FNI will furnish an opinion of probable project development cost based on present
day cost, but does not guarantee the accuracy of such estimates. Opinions of probable cost, financial evaluations, feasibility
studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs prepared
by FNI hereunder will be made on the basis of FNI’s experience and qualifications and represent FNI's judgment as an
experienced and qualified design professional. It is recognized, however, that FNI does not have control over the cost of labor,
material, equipment or services furnished by others or over market conditions or contractors' methods of determining their
prices.
11. PAYMENT: Progress payments may be requested by FNI based on the amount of services completed. Payment for the
services of FNI shall be due and payable upon submission of a statement for services to OWNER and in acceptance of the
services as satisfactory by the OWNER. Statements for services shall not be submitted more frequently than monthly.
If OWNER fails to make any payment due FNI for services and expenses within thirty (30) days after receipt of FNI's
statement for services therefore, the amounts due FNI will be increased at the rate of one percent (1%) per month from said
thirtieth (30th) day, and, in addition, FNI may, after giving seven (7) days' written notice to OWNER, suspend services under
this AGREEMENT until FNI has been paid in full, all amounts due for services, expenses and charges.
12. ARBITRATION: No arbitration arising out of, or relating to, this AGREEMENT involving one party to this AGREEMENT
may include the other party to this AGREEMENT without their approval.
13. SUCCESSORS AND ASSIGNMENTS: OWNER and FNI each are hereby bound and the partners, successors, executors,
administrators and legal representatives of OWNER and FNI are hereby bound to the other party to this AGREEMENT and to
the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of
all covenants, agreements and obligations of this AGREEMENT.
Neither OWNER nor FNI shall assign, sublet or transfer any rights under or interest in (including, but without limitation,
moneys that may become due or moneys that are due) this AGREEMENT without the written consent of the other, except to
the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by
law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge
the assignor from any duty or responsibility under this AGREEMENT. Nothing contained in this paragraph shall prevent FNI
from employing such independent associates and consultants as FNI may deem appropriate to assist in the performance of
services hereunder.
14. PURCHASE ORDERS: If a Purchase Order is used to authorize FNI's Services, only the terms, conditions/instructions typed
on the face of the Purchase Order shall apply to this AGREEMENT. Should there be any conflict between the Purchase Order
and the terms of this AGREEMENT, then this AGREEMENT shall prevail and shall be determinative of the conflict.
Town Council 82 of 202 Meeting Date: February 24, 2011
TM
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADD'L
LTR INSRD
DATE (MM/DD/YYYY)
PRODUCER
INSURED
POLICY EFFECTIVE POLICY EXPIRATIONPOLICY NUMBER LIMITSDATE (MM/DD/YY) DATE (MM/DD/YY)TYPE OF INSURANCE
GENERAL LIABILITY
AUTOMOBILE LIABILITY
GARAGE LIABILITY
EXCESS/UMBRELLA LIABILITY
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
AUTHORIZED REPRESENTATIVE
INSURER A:
INSURER B:
INSURER C:
INSURER D:
INSURER E:
EACH OCCURRENCE $
DAMAGE TO RENTED
COMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurence)
CLAIMS MADE OCCUR MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG $
PRO-POLICY LOCJECT
COMBINED SINGLE LIMIT $(Ea accident)ANY AUTO
ALL OWNED AUTOS BODILY INJURY $(Per person)SCHEDULED AUTOS
HIRED AUTOS BODILY INJURY $(Per accident)NON-OWNED AUTOS
PROPERTY DAMAGE $(Per accident)
AUTO ONLY - EA ACCIDENT $
ANY AUTO EA ACC $OTHER THAN
AUTO ONLY:AGG $
EACH OCCURRENCE $
OCCUR CLAIMS MADE AGGREGATE $
$
DEDUCTIBLE $
RETENTION $$
WC STATU- OTH-
TORY LIMITS ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMIT $SPECIAL PROVISIONS below
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC #
COVERAGES
CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2001/08)ACORD CORPORATION 1988cO
ACORD CERTIFICATE OF LIABILITY INSURANCE 2/14/2011
Fax: 817-870-0310Phone: 817-820-8144
HUB Rigg
777 Main St, C-50
Fort Worth TX 76102
HARTFORD CAS INS CO 29424
Freese and Nichols, Inc.
4055 International Plz #200
Fort Worth TX 76109
HARTFORD ACCID & IND CO 22357
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
A X 46UUNNW0133 10/23/2010 10/23/2011 1,000,000
X 300,000
X 5,000
1,000,000
2,000,000
2,000,000
X
A X 46UUNNW0133 10/23/2010 10/23/2011
1,000,000X
X
X
A X 46XHULO9889 10/23/2010 10/23/2011 10,000,000
X 10,000,000
X 10,000
XB46WBZH740710/23/2010 10/23/2011
1,000,000
1,000,000
1,000,000
Storm Wter Master Plan Phase I
Blanket Additional Insured with Blanket Waiver of Subrogation Per Written Contract Town of Trophy Club, a municipal
corporation of the State of Texas, and all associated, affiliated, allied and subsidiary entities of the Municipality,
now existing or hereafter created, and their respective officers, boards, commissions, employees, agents and
contractors, as their respective interests may appear as additional insureds under the Blanket Additional Insured
Endorsement for General Liability and Auto with a Blanket Waiver of Subrogation on the General Liability, Auto and
Workers Compensation.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
WILL ENDEAVOR TO MAIL 60 DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO
SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON
THE INSURER, ITS AGENTS OR REPRESENTATIVES.
Town of Trophy Club
100 Municipal Drive
Trophy Club TX 76262
Town Council 83 of 202 Meeting Date: February 24, 2011
ACORD 25 (2001/08)
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
DISCLAIMER
IMPORTANT
Town Council 84 of 202 Meeting Date: February 24, 2011
TM
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADD'L
LTR INSRD
DATE (MM/DD/YYYY)
PRODUCER
INSURED
POLICY EFFECTIVE POLICY EXPIRATIONPOLICY NUMBER LIMITSDATE (MM/DD/YY) DATE (MM/DD/YY)TYPE OF INSURANCE
GENERAL LIABILITY
AUTOMOBILE LIABILITY
GARAGE LIABILITY
EXCESS/UMBRELLA LIABILITY
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
AUTHORIZED REPRESENTATIVE
INSURER A:
INSURER B:
INSURER C:
INSURER D:
INSURER E:
EACH OCCURRENCE $
DAMAGE TO RENTED
COMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurence)
CLAIMS MADE OCCUR MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG $
PRO-POLICY LOCJECT
COMBINED SINGLE LIMIT $(Ea accident)ANY AUTO
ALL OWNED AUTOS BODILY INJURY $(Per person)SCHEDULED AUTOS
HIRED AUTOS BODILY INJURY $(Per accident)NON-OWNED AUTOS
PROPERTY DAMAGE $(Per accident)
AUTO ONLY - EA ACCIDENT $
ANY AUTO EA ACC $OTHER THAN
AUTO ONLY:AGG $
EACH OCCURRENCE $
OCCUR CLAIMS MADE AGGREGATE $
$
DEDUCTIBLE $
RETENTION $$
WC STATU- OTH-
TORY LIMITS ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMIT $SPECIAL PROVISIONS below
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC #
COVERAGES
CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2001/08)ACORD CORPORATION 1988cO
ACORD CERTIFICATE OF LIABILITY INSURANCE 2/14/2011
Fax: 817-870-0310Phone: 817-820-8100
HUB Rigg
777 Main St, C-50
Fort Worth TX 76102
Continental Casualty Company 20443
Freese and Nichols, Inc.
4055 International Plz #200
Fort Worth TX 76109
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
A AEH008214422 12/30/2010 12/30/2011
$5,000,000
$10,000,000
Claims Made
AggregateProfessional
Claims Made
Retro Date 11/1/196
Storm Water Master Plan Phase I
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER
NAMED TO THE LEFT.
Town of Trophy Club
100 Municipal Drive
Trophy Club TX 76262
Town Council 85 of 202 Meeting Date: February 24, 2011
ACORD 25 (2001/08)
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
DISCLAIMER
IMPORTANT
Town Council 86 of 202 Meeting Date: February 24, 2011
Storm Water Master Plan
February 2011
Kelly Dillard, P.E., CFM
A UNIQUE APPROACH TO
MUNICIPAL STORMWATER PLANNING
Town Council 87 of 202 Meeting Date: February 24, 2011
Previous Experience
12/7/2010 Town of Trophy Club SWMP 2
Town Council 88 of 202 Meeting Date: February 24, 2011
Master Planning Experience
•Citywide
–Bryan Citywide SWMP CIP
–Burleson SWMP
–Cleburne Phase II: Citywide Local Area
Analysis
–Corinth SWMP
–Euless SWMP
–Garland 4S SWMP
–Grand Prairie SWMP
–Grapevine SWMP
–Keller SWMP
–Lancaster SWMP
–McKinney SWMP
–Round Rock SWMP
–San Angelo SWMP
–Trophy Club SWMP
–Wichita Falls SWMP
•Watershed Studies
–Bryan Still Creek
–Cleburne Phase I: Stone Lake Creek
–Dallas Dixon Branch
–Dallas Elm Fork of Trinity River
–Dallas Executive Airport
–Dallas Westmoreland Hampton
–Fort Worth Central Arlington Heights
–Fort Worth Central City
–Fort Worth Sycamore Creek SC-7
–Fort Worth Meacham
–Fort Worth Harvey Burchill
–Fort Worth Lake Worth
–Frisco Stewart Creek
–Frisco Cottonwood Branch
–Garland Downtown
–Richardson Floyd & Lois Branch
–Richardson Hunt Branch
3
Town Council 89 of 202 Meeting Date: February 24, 2011
Why create a SWMP?
•Population Growth
•Aging Infrastructure
•Development Guide
•Public Pressure
•Develop CIP & budget
•Flooding, Erosion, & Water
Quality
4
Town Council 90 of 202 Meeting Date: February 24, 2011
Benefits –Detailed Information
Readily Available
5
•Floodplains
•City Infrastructure
•Existing Problems
Town Council 91 of 202 Meeting Date: February 24, 2011
Benefits –Prioritized CIP
6
Town Council 92 of 202 Meeting Date: February 24, 2011
What is a SWMP?
•It varies
•Need to ask the following questions first:
–What is driving the SWMP?
–What is the budget?
–What information is available?
•2 Common Types
–Watershed Studies
–CIP Development
•Watershed Studies
•Project Area Studies
7
Town Council 93 of 202 Meeting Date: February 24, 2011
What is a SWMP? -Watershed Study
•Driving force is not existing problems, but to gather information and guide development.
8
Town Council 94 of 202 Meeting Date: February 24, 2011
What is a SWMP? –CIP Development
•Driving force is need for improvements as well as information to guide development.
9
Town Council 95 of 202 Meeting Date: February 24, 2011
Ranked Capital Improvement Plan
Criteria Weighting 11.83 8.66 8.84 5.34 5.33 40
Rank Project
Number Project Name Life Safety /
Road Flooding
Frequency of
Flooding
Property
Damage Project Cost Maintenance
Cost Weighted Score
1 28 KEMP-MONROE DRAINAGE
PROJECT 5 4 5 0 3 154.0
2 27 KEMP BOULEVARD DRAINAGE
PROJECT 5 5 1 3 5 154.0
3 13 CHEROKEE STREET DRAINAGE
PROJECT 5 5 2 2 2 141.5
4 38A MCNIEL AVENUE DRAINAGE
PROJECT 4 5 3 0 4 138.5
5 38B RHEA DRAINAGE PROJECT 3 5 4 1 3 135.5
6 31 LANDON, DUTY, AND SUNSET
STREET AND DRAINAGE PROJECT 3 5 4 2 1 130.2
7 8 BRENDA HURSH ENHANCEMENT
PROJECT 3 5 5 0 1 128.3
8 18 ECHO/NETA LANE DRAINAGE
PROJECT 3 5 3 2 1 121.3
9 1 ADRIAN AVENUE DRAINAGE
PROJECT 1 5 1 5 3 106.7
10 23 HIRSCHI -HUSKIE 2 1 4 4 2 99.7
11 41
OLD IOWA PARK
ROAD/INDUSTRIAL BLVD
DRAINAGE IMPROVEMENT
PROJECT
2 4 1 3 1 88.5
12 58 SPANISH TRACE DRAINAGE
PROJECT 0 4 2 3 3 84.3
13 9 & 10
BRIARGATE DRAINAGE
RECONSTRUCTION PROJECT,
PHASE I & II
0 2 3 2 2 65.2
10
Town Council 96 of 202 Meeting Date: February 24, 2011
12/7/2010 11Town of Trophy Club SWMP
•Public Meetings
•Project Websites
•Resident Site Visits
Town Council 97 of 202 Meeting Date: February 24, 2011
12
•Technology
•GIS, GPS field equipment and
deliverables
•2D modeling
•GIS deliverables
•Stream Geomorphology
•Review of Global Stream
Function
•Identify current and future
“Hot Spots”
•Suggest Lower Impact
Solutions
•Determine Impact of Point
Repairs
Town Council 98 of 202 Meeting Date: February 24, 2011
PHASE ONE –Six Problem Areas
PHASE TWO –Citywide Master Plan and CIP
Phase THREE –Regional Studies and
Community Coalitions
13
Town Council 99 of 202 Meeting Date: February 24, 2011
•Trophy Club Drive at Marshall
Branch
•Skyline Creek (Indian Creek)
Channel Analysis
•The Knoll/Overhill Drive
Drainage Analysis
•Fresh Meadows/Inverness
Pond
14
Town Council 100 of 202 Meeting Date: February 24, 2011
•Utilize existing models
•Recommend 3 Improvement Options
•Determine existing capacity
•Phased Improvements?15
Town Council 101 of 202 Meeting Date: February 24, 2011
•Classic Channel
Analysis
•Delineate a
Floodplain
•Identify impacted
residences
•Recommend
improvements to
crossings and
channel
16
Town Council 102 of 202 Meeting Date: February 24, 2011
•Review golf course
detention design
•Review previous
improvement
recommendations
•Provide value
engineering, cost and
phasing
recommendations
17
Town Council 103 of 202 Meeting Date: February 24, 2011
•Review pond
operations and
outfall alignment
•Review local
system
configuration
•Recommend
outfall
reconfiguration
and street
drainage
improvements
18
Town Council 104 of 202 Meeting Date: February 24, 2011
Contact Information & References
Kelly Dillard, P.E., CFM
Stormwater Management
4055 International Plaza, Suite 200
Fort Worth, Texas 76109
817-735-7313
19
Town Council 105 of 202 Meeting Date: February 24, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-74-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/15/2011 Town Council
On agenda:Final action:2/24/2011
Title:Consider and take appropriate action regarding the award of bid for the construction of an Elevated
Water Storage Tank, apparent low bidder Phoenix Fabricators and Erectors, in an amount not to
exceed $1,234,929, and authorizing the Town Manager to execute necessary documents.
Attachments:Staff Report - Water Tower.pdf
Engineering Recommendation.pdf
Bid Tab 2 14 11.pdf
Bid Tab 11-11-08.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding the award of bid for the construction of an Elevated Water Storage Tank,
apparent low bidder Phoenix Fabricators and Erectors, in an amount not to exceed $1,234,929, and authorizing the Town
Manager to execute necessary documents.
Goal(s)
Goal # 3: Community with shared vision
Forge collaborative relationships with other governmental/public entities
Create a positive regional identity
Goal #5: A community in which the infrastructure supports its residents
Develop a realistic Capital Improvement Plan
Build a premier parks system
Attracts visitors to park destinations
Provide necessary resources to maintain all improvements, new and existing
Town Council 106 of 202 Meeting Date: February 24, 2011
TOWN COUNCIL
STAFF REPORT
February 24, 2011
ELEVATED TANK BID
SUBJECT: Consider and take appropriate action regarding the award of
bid for the construction of an Elevated Water Storage Tank,
apparent low bidder Phoenix Fabricators and Erectors, in an
amount not to exceed $1,234,929, and authorizing the Town
Manager to execute necessary documents.
The Town originally bid the elevated water tank in November 2008. At that time,
commodity prices were high due to overseas development and thus increased
the received bid prices. It was determined by the Town Council and Management
to not accept bids and postpone construction until a later date.
The Town has now rebid the project, and opened bids on February 14, 2011.
Four firms provided sealed bids. The apparent low bidder is Phoenix Fabricators
and Erectors in an amount not to exceed $1,234,929. The 2008 and 2011 bid
tabs are provided as attachments.
RECOMMENDATION: A motion to award the bid for the construction of an
Elevated Water Storage Tank to Phoenix Fabricators and Erectors in an amount
not to exceed $1,234,929, and authorizing the Town Manager to execute
necessary documents.
Town Council 107 of 202 Meeting Date: February 24, 2011
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11
0
of
20
2
Me
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t
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g
Date: February 24, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-94-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/17/2011 Town Council
On agenda:Final action:2/24/2011
Title:Consider and take appropriate action regarding appointing one Council member to be a non-voting
liaison to the 2010 Citizen of the Year Committee.
Attachments:
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding appointing one Council member to be a non-voting liaison to the 2010
Citizen of the Year Committee.
Explanation
The Citizen of the Year Committee met on Thursday, February 10, 2011 and decided to ask Council to appoint one
Council member to the Committee to help keep the Town Council informed of the Committee's actions. Most of the
communication will be through email, the Committee is scheduled to meet again the week of March 28 to begin reviewing
nominations.
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
Recommendation and Justification to Council:
Management recommends appointing one Council member to be a non-voting liaison to the 2010 Citizen of the Year
Committee.
Town Council 111 of 202 Meeting Date: February 24, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-84-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/15/2011 Town Council
On agenda:Final action:2/24/2011
Title:Consider and take appropriate action regarding a Resolution approving the submission of a grant
application for the Crime Impact Officer Program for Fiscal Year 2011-2012; authorizing the Town
Manager or his designee to execute necessary documents; and providing an effective date.
Attachments:RES 2011-04 CRIME IMPACT OFFICER RESOLUTION.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding a Resolution approving the submission of a grant application for the
Crime Impact Officer Program for Fiscal Year 2011-2012; authorizing the Town Manager or his designee to execute
necessary documents; and providing an effective date.
EXPLANATION
This resolution supports the application process and does not obligate the Town to accept the grant funding if awarded.
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
RECOMMENDATION AND JUSTIFICATION TO COUNCIL
Management recommends approval of this item. This position would serve in many ways to provide the education and
training needed by residents and visitors.
Town Council 112 of 202 Meeting Date: February 24, 2011
TOWN OF TROPHY CLUB
RESOLUTION 2011-04
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, APPROVING THE SUBMISSION OF THE
GRANT APPLICATION FOR THE CRIME IMPACT OFFICER
PROGRAM FOR THE 2011-2012 FISCAL YEAR: AUTHORIZING THE
TOWN MANAGER OR HIS DESIGNEE TO EXECUTE ALL
NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The Town of Trophy Club finds it in the best interest of the citizens
of Town of Trophy Club that the Crime Impact Officer Program be operated in the 2011-
2012 fiscal year; and
WHEREAS, The Town of Trophy Club agrees to provide applicable matching
funds for the said project as required by the 421 Criminal Justice Planning grant
application; and
WHEREAS, The Town of Trophy Club agrees that in the event of loss or misuse
of the Criminal Justice Division funds, the Town of Trophy Club assures that the funds
will be returned to the Criminal Justice Division in full; and
WHEREAS, The Town of Trophy Club designates Mike Slye, Town Manager, as
the grantee’s authorized Official. The authorized official is given the power to apply for,
accept, reject, alter or terminate the grant on behalf of the applicant agency and to
execute or name a designee to execute all necessary documents.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS;
Section 1. That the Town of Trophy Club approves submission of the grant
application for the Crime Impact Officer Program to the Office of the Governor, Criminal
Justice Division and authorizes the Town Manager or his designee to execute all
necessary documents.
Section 2. That this Resolution shall become effective from and after its date
of passage in accordance with law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this 24th day of February, 2011.
_______________________________
Connie White, Mayor
Town of Trophy Club, Texas
Town Council 113 of 202 Meeting Date: February 24, 2011
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 114 of 202 Meeting Date: February 24, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-92-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/15/2011 Town Council
On agenda:Final action:2/24/2011
Title:Consider and take appropriate action regarding the annual Citizen Contact Report submitted by Chief
Kniffen.
Attachments:2010 citizen contact report.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding the annual Citizen Contact Report submitted by Chief Kniffen.
Explanation:
This report, sometimes referred to as the Racial Profiling Report, is required by state law to be submitted to the governing
body of the Town by March 1st of each year.
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
Recommendation and Justification to Council:
This item does not require action on the part of the Council.
Town Council 115 of 202 Meeting Date: February 24, 2011
Trophy Club Police Department
Citizen Contact Report
2010
Town Council 116 of 202 Meeting Date: February 24, 2011
To: Mayor, Council, and Town Manager Date: February 24, 2011
From: Chief Kniffen Re: Citizen Contact Report
The Texas Legislature has directed Chiefs of Police and Sheriffs in Texas to collect
statistics on citizen contacts and report the demographics of those statistics to their local
governments and to the Texas Commission on Law Enforcement Officer Standards and
Education (TCLEOSE) by March 1st of each year. Neither the statutes nor TCLEOSE
rules provide guidance as to what data set or benchmark the “racial profiling” statistics
should be compared in order to accurately estimate “the prevalence of racial profiling” as
required in the law.
It should be noted that the statutes require two “tiers” of reporting. Tier One consists of
traffic contacts only. In presenting an appraisal of our collected Tier One statistics we
have prepared an analysis on traffic contacts using the data sets from Tarrant and Denton
Counties (based on a 2009 estimated census survey).
Tier Two consists of non-traffic contacts. If an agency obtained a state grant for and/or
uses video cameras in their cars, they have the option of presenting a written analysis of
Tier Two data or keeping the videos for 90 days, in case there is a complaint arising from
a contact. If an agency does not apply for the video camera grant (which has not been
available for several years) they are required to do the same. If an agency applies for the
grant and is denied, they do not have to video or report the analysis of these stops. We
video all of our stops and retain the videos for a minimum of 90 days. Thus, we are
reporting Tier One data only.
It should be noted that the number of citations provided here is based on the number of
individuals charged with a traffic offense not the total number of charges brought.
Town Council 117 of 202 Meeting Date: February 24, 2011
Chart A depicts the demographics of Tarrant County and Denton County as found in the
official 2009 census estimates found on the U.S. Census web site. The sources of these
data are found at the web sites provided below.
Demographics – Tarrant County * Population 1,789,900
White (a) 78.40% 1,403,299
Black (a) 14.43% 258,254
Hispanic (b) 26.67% 477,354
Asian (a) 4.33% 77,464
Other (a) 1.08% 19,399
Male 49.93% 893,689
Female 50.07% 896,211
Demographics – Denton County * Population 658,616
White (a) 83.31% 548,669
Black (a) 8.33% 54,877
Hispanic (b) 17.44% 114,894
Asian (a) 5.72% 37,670
Other (a) 0.87% 5,717
Male 49.96% 329,051
Female 50.04% 329,565
(a) Includes persons reporting only one race.
(b) Hispanics may be of any race, so also are included in applicable race categories.
* http://www.factfinder.census.gov/home/en/official_estimates_2009.html
Town Council 118 of 202 Meeting Date: February 24, 2011
2010 Traffic Stops by Race or Ethnicity
The chart below shows the breakdown – by race or ethnicity – of the traffic contacts
(resulting in arrests, citations, or warnings) made in 2010 by the Trophy Club Police
Department. It is compared to the demographic benchmarks in Chart A.
Traffic Contacts
Race Number Percentage Tarrant County %age Denton County %age
White 2277 83.96% 78.40% 83.31%
Black 106 3.91%14.43% 8.33%
Hispanic 264 9.73% 26.67%17.44%
Asian 51 1.88% 4.33% 5.72%
Other 14 0.52% 1.08% 0.87%
2712 2010 Traffic stops
2010 Total Traffic Contacts
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
70.00%
80.00%
90.00%
Percentage Tarrant County %age Denton County %age
White Black Hispanic Asian Other
Town Council 119 of 202 Meeting Date: February 24, 2011
Traffic Contact Percentage by Sex
The chart below shows the breakdown – by sex – of the traffic contacts (resulting in
arrests, citations, and warnings) made in 2010 by the Trophy Club Police Department. It
is compared to the demographic benchmarks in Chart A.
2010 Traffic Contact Percentage by Sex
Sex Tarrant County %age Denton County %age %age Stops
Male 49.93% 49.96%59.88% 1624
Female 50.07% 50.04%40.08% 1087
Total Traffic Stops 2010 2712
2010 Traffic Contact %age by Sex
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
70.00%
%age Tarrant County %age Denton County %age
Male Female
Town Council 120 of 202 Meeting Date: February 24, 2011
Searches
Another area that requires analysis is the number of searches performed, the reason for
the search, and whether or not contraband was found in the search. A search can be
performed for a number of reasons. In most cases, searches are performed incidental to
an arrest. By statute and policy, to be reported and analyzed, the contact has to be
initiated by the officer. When an officer is dispatched to an incident in which someone is
already being detained (by a loss prevention officer, for example) a citizen contact report
is not required. Only searches that are performed by officers initiating contact with
citizens are required to be reported.
Reported searches are either probable cause or consent searches. A probable cause
search is performed when an officer has sufficient evidence (the odor of marijuana, for
example) to justify a legal search. A consent search may be conducted, with the consent
of the person contacted or when the officer has a suspicion that some contraband might
be found but does not have probable cause. Either is a legal search.
In 2010, the Trophy Club Police Department conducted 101 probable cause or consent
searches out of 2712 citizen contacts. This means that in only 3.72% of the contacts was
a search initiated by the officer. Of the searches, 46 were consent searches and 55 were
probable cause searches. Contraband was found in 39 (38.6%) of the searches.
Of the searches performed, 65 were white males and contraband was found in 24
instances. Fourteen (14) were white females and contraband was found in six (6)
instances. Fifteen (15) were Hispanic males and contraband was found in four (4)
instances. One (1) Hispanic female consented to a search and no contraband was found.
One was a black males and contraband was found on this subject in a probable cause
search. Two black females were searched with probable cause and contraband was found
in both searches. Two (2) were Asian males and contraband was found in one (1)
instance. One (1) male of Middle Eastern descent was searched and contraband was
found in this search.
This year we were also required to track whether or not an officer had prior knowledge of
the race or ethnicity of the individual who was stopped. Of the 2712 stops, officers noted
prior knowledge of the race of ethnicity of the driver 302 times or 11.14% of the stops.
We were also required to track individuals of Middle Eastern descent. Of the 2712 stops,
11, or 0.41%, were of Middle Eastern descent. For the purposes of the charts and graphs
in this report, persons of Middle Eastern descent were included in the “Other” category.
They will be reported on the TCLEOSE format as required.
Town Council 121 of 202 Meeting Date: February 24, 2011
Action Taken
This section discloses the action taken by officers after the contact was initiated. Officers
have the discretion to arrest, issue a citation, a written warning, a verbal warning, or take
no enforcement action as a result of the contact. The tables and charts on the next page
reflect action taken on the 2,712 citizen contacts in 2010. It is compared to the
demographic benchmarks in Chart A.
Town Council 122 of 202 Meeting Date: February 24, 2011
2010 Arrests From Traffic Stops
Race Arrests
Race or
Ethnicity Arrest %age
Tarrant
County
%age
Denton
County
%age
White 33 White 78.57%78.40% 83.31%
Black 2 Black 4.76%14.43% 8.33%
Hispanic 7 Hispanic 16.67%26.67% 17.44%
Asian 0 Asian 0.00%4.33% 5.72%
Other 0 Other 0.00%1.08% 0.87%
42 Total arrests from traffic stops in 2010
2010 Arrest %ages
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
70.00%
80.00%
90.00%
White Black Hispanic Asian Other
Arrest %age Tarrant County %age Denton County %age
Town Council 123 of 202 Meeting Date: February 24, 2011
2010 Arrest and Citation From Traffic Stop
Race Arrest and Citation
Race or
Ethnicity %age
Tarrant
County
%age
Denton
County
%age
White 18 White 66.67%78.40% 83.31%
Black 5 Black 18.52%14.43% 8.33%
Hispanic 4 Hispanic 14.81%26.67% 17.44%
Asian 0 Asian 0.00%4.33% 5.72%
Other 0 Other 0.00%1.08% 0.87%
27
Total arrest and citation
from traffic stops in 2010
2010 Arrest and Citation %ages
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
70.00%
80.00%
90.00%
White Black Hispanic Asian Other
%age Tarrant County %age Denton County %age
Town Council 124 of 202 Meeting Date: February 24, 2011
2010 Citation Only From Traffic Stop
Race Citation only
Race or
Ethnicity
Citation
%age
Tarrant
County
%age
Denton
County
%age
White 885 White 75.97%78.40% 83.31%
Black 43 Black 3.69%14.43% 8.33%
Hispanic 203 Hispanic 17.42%26.67% 17.44%
Asian 28 Asian 2.40%4.33% 5.72%
Other 6 Other 0.52%1.08% 0.87%
1165
Total citations from traffic
stops in 2010
2010 Citation only %age
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
70.00%
80.00%
90.00%
White Black Hispanic Asian Other
Citation %age Tarrant County %age Denton County %age
Town Council 125 of 202 Meeting Date: February 24, 2011
2010 Warning Only From Traffic Stop
Race Warning only
Race or
Ethnicity
Warning
%age
Tarrant
County
%age
Denton
County
%age
White 1341 White 90.73%78.40% 83.31%
Black 56 Black 3.79%14.43% 8.33%
Hispanic 50 Hispanic 3.38%26.67% 17.44%
Asian 23 Asian 1.56%4.33% 5.72%
Other 8 Other 0.54%1.08% 0.87%
1478
Total warnings from traffic
stops in 2010
2010 Warning %ages
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
70.00%
80.00%
90.00%
100.00%
White Black Hispanic Asian Other
Warning %age Tarrant County %age Denton County %age
Town Council 126 of 202 Meeting Date: February 24, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-82-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/15/2011 Town Council
On agenda:Final action:2/24/2011
Title:Consider and take appropriate action regarding the regularly scheduled Town Council meeting of
Monday, May 16, 2011.
Attachments:
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding the regularly scheduled Town Council meeting of Monday, May 16, 2011.
Explanation
The Canvassing Period is May 17, 2011 to May 25, 2011. The Council has a couple of different options:
a. Hold the Regularly schedule meeting on Monday, May 16, 2011 and hold a special meeting to Canvass at another
time.
b. Reschedule the regularly schedule meeting of Monday, May 16, 2011 to another time entirely and include Canvassing
the Election.
Town Council 127 of 202 Meeting Date: February 24, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-81-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/15/2011 Town Council
On agenda:Final action:2/24/2011
Title:Consider and take appropriate action regarding an ordinance of the Town Council of the Town of
Trophy Club, Texas, ordering and calling a General Election for the Town of Trophy Club to be held
on May 14, 2011 for the purpose of electing one (1) Mayor for a three (3) year term, one (1) Council
Member for Place #1 for a three (3) year term, and one (1) Council Member for Place #2 for a three
(3) year term and; ordering and calling a Special Election for the legalization of the sale of all alcoholic
beverages for off-premise consumption only; designating a polling place within the Town; providing for
the appointment of a presiding election judge and an alternate presiding election judge; establishing
other procedures for conducting the election; establishing a date for canvassing returns; providing for
necessary actions; providing a Joint Election Agreement with Denton County; providing a Joint
Election Agreement with Tarrant County; providing a cumulative clause; providing a severability
clause; providing for publication; providing for engrossment and enrollment; and providing an effective
date.
A. Approve a Joint Election Contract with Denton County
Attachments:ORD 2011-08 Calling May 14 2011 Election.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding an ordinance of the Town Council of the Town of Trophy Club, Texas,
ordering and calling a General Election for the Town of Trophy Club to be held on May 14, 2011 for the purpose of
electing one (1) Mayor for a three (3) year term, one (1) Council Member for Place #1 for a three (3) year term, and one
(1) Council Member for Place #2 for a three (3) year term and; ordering and calling a Special Election for the legalization
of the sale of all alcoholic beverages for off-premise consumption only; designating a polling place within the Town;
providing for the appointment of a presiding election judge and an alternate presiding election judge; establishing other
procedures for conducting the election; establishing a date for canvassing returns; providing for necessary actions;
providing a Joint Election Agreement with Denton County; providing a Joint Election Agreement with Tarrant County;
providing a cumulative clause; providing a severability clause; providing for publication; providing for engrossment and
enrollment; and providing an effective date.
A. Approve a Joint Election Contract with Denton County
Explanation of Special Election
The Citizen Petition for the Legalization of the sale of all alcoholic beverages for off-premise consumption only was filed
with the Town Secretary on Friday, January 21, 2011, with 1140 signatures.
The minimum requirement for placing this item on the May 14, 2011 Ballot was 992 signatures. This figure is based on
the requirement of 35 percent of the registered votes in the political subdivision who voted in the most recent
gubernatorial election for an election on any other local option ballot issue:
Denton County Voters - 2717
Tarrant County Votes - 117
Total number of voters in the November 2011 Election - 2834
35% of 2834 = 991.9 voters
997 valid signatures were validated; the Citizen Petition for the Legalization of the sale of all alcoholic beverages for off-
premise consumption is VALID.
Town Council 128 of 202 Meeting Date: February 24, 2011
File #: 2011-81-T, Version: 1
Recommendation
Management recommends acceptance of the petition and to call a Special Election for May 14, 2011.
Town Council 129 of 202 Meeting Date: February 24, 2011
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2011-08
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, ORDERING AND CALLING A GENERAL
ELECTION FOR THE TOWN OF TROPHY CLUB TO BE HELD ON MAY
14, 2011 FOR THE PURPOSE OF ELECTING ONE (1) MAYOR FOR A
THREE (3) YEAR TERM, ONE (1) COUNCIL MEMBER FOR PLACE #1
FOR A THREE (3) YEAR TERM, AND ONE (1) COUNCIL MEMBER
FOR PLACE #2 FOR A THREE (3) YEAR TERM AND; ORDERING AND
CALLING A SPECIAL ELECTION FOR THE LEGALIZATION OF THE
SALE OF ALL ALCOHOLIC BEVERAGES FOR OFF-PREMISE
CONSUMPTION ONLY; DESIGNATING A POLLING PLACE WITHIN
THE TOWN; PROVIDING FOR THE APPOINTMENT OF A PRESIDING
ELECTION JUDGE AND AN ALTERNATE PRESIDING ELECTION
JUDGE; ESTABLISHING OTHER PROCEDURES FOR CONDUCTING
THE ELECTION; ESTABLISHING A DATE FOR CANVASSING
RETURNS; PROVIDING FOR NECESSARY ACTIONS; PROVIDING A
JOINT ELECTION AGREEMENT WITH DENTON COUNTY;
PROVIDING A JOINT ELECTION AGREEMENT WITH TARRANT
COUNTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 41.001(a)(2) of the Texas Election Code establishes the
second Saturday of May as a Uniform Election Date for the purposes of conducting a
General or Special Election; and
WHEREAS, Section 3.004 of the Texas Election Code provides that the
governing body of a municipality shall be the authority to order a General or Special
Election; and
WHEREAS, the Town Council finds and declares that the meeting at which this
Ordinance is considered is open to the public as required by law, and that public notice
of the time, place, and purpose of said meeting was given as required by Chapter 551,
Texas Government Code, as amended; therefore,
WHEREAS, the Town Council desires to and hereby calls a General Election for
the purpose of electing one (1) Mayor for a three (3) year term, one (1) Council member
for Place #1 for a three (3) year term, and one (1) Council member for Place #2 for
three (3) year term to the Town of Trophy Club Town Council; and
WHEREAS, the Town Council desires to and hereby orders and calls a Special
Election with a combined ballot pursuant to The Texas Election Code, Title 17 for the
Town Council 130 of 202 Meeting Date: February 24, 2011
purpose of submitting to the legally qualified voters of the Town the determination of the
legalization of the sale of all alcoholic beverages for off-premise consumption only; and
WHEREAS, Section 3.005 of the Texas Election Code provides that an election
ordered by an authority of a municipality shall be ordered not later than the 62nd day
before Election Day; and
WHEREAS, Section 271.002 of the Texas Election Code provides that the
governing bodies of two or more political subdivisions may enter into an agreement to
hold a joint election if the elections ordered by the authorities of the subdivisions are to
be held on the same day in all or part of the same territory and can be served by
common polling places; and
WHEREAS, Since the Town of Trophy Club is located in both Denton County
and Tarrant County, the Town will contract with both counties for election services; and
WHEREAS, The Election shall be conducted in accordance with the Code under
the jurisdiction of the Denton County Elections Administration (the “Elections
Administrator”) pursuant to an Election Services Contract (the “Contract”) by and among
Denton County Elections Administration (“DCEA”), and other participating entities, if
any, described in a Contract between the Town and Denton County; and
WHEREAS, The Election shall be conducted in accordance with the Code under
the jurisdiction of the Tarrant County Elections Administration (the “Elections
Administrator”) pursuant to an Election Services Contract (the “Contract”) by and among
Tarrant County Elections Administration (“TCEA”), and other participating entities, if
any, described in the Contract between the Town and Tarrant County. Tarrant County
has advised the Town that it will not submit a contract for Election Services until after
April 1, 2011 when the determination of participating entities and cost per entity is
available; and
WHEREAS, Section 85.004 of the Texas Election Code provides that an election
order and the election notice must state the location of each early voting polling place;
and,
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. All resident, qualified voters of the Town shall be eligible to vote at
the Election.
Section 2. The voting precincts for the Election are designated by their
respective county precinct numbers. The proposed times and locations of early voting
for both Denton and Tarrant County are set forth in Exhibit “C”, a copy of which is
attached hereto and incorporated herein. Exhibit “C” shall be amended to include the
final schedule of times and locations of early voting for both Denton and Tarrant County
residents upon announcement by the Elections Administrators. Notwithstanding the
Town Council 131 of 202 Meeting Date: February 24, 2011
foregoing, the early voting times and locations set forth in Exhibit “C” may be changed
without further action of the Town Council if so directed by the respective Elections
Administrators for Denton and Tarrant County.
In addition to the early voting polling locations within the Town, all Denton County
Trophy Club voters may vote at all early voting polling locations as designated and
maintained by Denton County throughout the County.
Tarrant County Trophy Club voters may vote at all early voting polling locations
throughout Tarrant County as designated and maintained by Tarrant County.
The Elections Administrators are hereby authorized and directed to make such changes
in polling locations as may be necessary for the proper conduct of the Election. Each
polling place shall be open from 7:00 a.m. to 7:00 p.m. on Election Day.
Section 3. The Denton County Elections Administrator, Frank Phillips, is hereby
appointed as Denton County Early Voting Clerk for the Election. Deputy early voting
judges/clerks will be appointed as needed to process early voting mail and to conduct
early voting. Early voting by mail shall be conducted in conformance with the
requirements of the Code. Ballot applications and ballots voted by mail shall be sent to:
Early Voting Clerk, 401 West Hickory, Denton, Texas 76201. The Elections
Administrator and/or the Early Voting Clerk are hereby authorized to appoint the
members of the Early Voting Ballot Board and the presiding judge and alternate judge in
accordance with the requirements of the Code. Early voting by personal appearance
shall be conducted at the times on the dates and at the locations designated on Exhibit
“C” hereto. The main early voting polling place is hereby designated to be Joseph A.
Carroll County Administration Building, 401 West Hickory, Denton, Texas 76201. Early
voting shall be conducted by the Early Voting Clerk, at the main early voting polling
location listed above, and at the locations designated on Exhibit “C” hereto; such
locations may be changed or additional early voting locations may be added by the
Elections Administrator, without further action of the Town Council, as is necessary for
the proper conduct of the Election.
Section 4. The Tarrant County Elections Administrator, Steve Raborn, is hereby
appointed as Tarrant County Early Voting Clerk for the election. Deputy early voting
judges/clerks will be appointed as needed to process early voting mail and to conduct
early voting. Early voting by mail shall be conducted in conformance with the
requirements of the Code. Ballot applications and ballots voted by mail shall be sent to:
Early Voting Clerk, PO Box 961011, Fort Worth, Texas 76161-0011. The Elections
Administrator and/or the Early Voting Clerk are hereby authorized to appoint the
members of the Early Voting Ballot Board and the presiding judge and alternate judge in
accordance with the requirements of the Code. Early voting by personal appearance
shall be conducted at the times on the dates and at the locations designated on Exhibit
“C” hereto. The main early voting polling place is hereby designated to be Tarrant
County Election Center, 2700 Premier Street, Fort Worth, Texas 76111. Early voting
shall be conducted by the Early Voting Clerk, at the main early voting polling location
listed above, and at the locations designated on Exhibit “C” hereto; such locations may
Town Council 132 of 202 Meeting Date: February 24, 2011
be changed or additional early voting locations may be added by the Elections
Administrator, without further action of the Town Council, as is necessary for the proper
conduct of the Election.
Section 5. Compensation for election judges and alternate judges for their
service in the Election shall be determined by the Elections Administrator. E-slate, a
Direct Record Electronic (DRE) System shall be used for early voting by personal
appearance, and in the May 14, 2011 election at Denton County Polling Sites. Hart
InterCivic eSlate/eScan Voting System shall be used for early voting by personal
appearance and in the May 14, 2011 election at Tarrant County Polling Sites. Paper
ballots, which are optically scanned, shall be used for early voting by mail. In the May
14, 2011 election, the Elections Administrator shall cause ballots to be prepared in the
form of the ballot first above prescribed, being in both English and Spanish, and shall
furnish election officials said ballots, in such form, together with any other forms or
blanks, in accordance with the Charter of the Town of Trophy Club, the Constitution and
laws of the State of Texas and the Voting Rights Act of 1965, and any amendments
thereto, insofar as same are applicable.
Section 6. The purpose of such Election is to: elect one (1) Mayor for a three (3)
year term, one (1) Council member for Place #1 for a three (3) year term, and one (1)
Council member for Place #2 for a three (3) year term to the Town of Trophy Club Town
Council; and to hold an election with a combined ballot pursuant to the Texas Election
Code, Title 17 for the purpose of submitting to the legally qualified votes of the Town the
determination of the following proposition, to wit: The legal sale of all alcoholic
beverages for off-premise consumption only.
Section 7. As set forth in Section 141.001 of the Texas Election Code, no
person shall be eligible for a public elective office of this state, unless that person is a
United States citizen, has not been determined mentally incompetent by a final
judgment of a court, has not been finally convicted of a felony from which the person
has not been pardoned or otherwise released from the resulting disabilities, and has
resided continuously in the State of Texas for twelve (12) months immediately
preceding the date of the regular filing deadline for the candidate’s application for a
candidate whose name is to appear on the general election ballot, or the date of the
election at which the candidate’s name is written in for a write in candidate. Additional
requirements are set forth in the Town Charter and are as follows:
A. Mayor or Council Member:
As set forth in Section 141.001 of the Texas Election Code and Article III of the
Trophy Club Town Charter:
(1) be at least twenty-one (21) years of age on the first day of the form to be filed;
(2) be a citizen of the United States;
(3) be a qualified voter of the Town;
(4) reside and have resided for at least twelve (12) months preceding the election
within the corporate limits of the Town;
Town Council 133 of 202 Meeting Date: February 24, 2011
(5) no candidate may file for more than one office or position number per
election;
(6) no employee of the Town shall continue in such position after becoming a
candidate for a Town elective office; and,
(7) If any sitting Council member files to become a candidate for another public
office, he shall resign his current seat upon filing for the new office.
Section 8. Pursuant to Section 143.007 of the Texas Election Code, any
eligible and qualified person may have that person's name printed upon the official
ballot as a candidate for the office hereinbefore set forth by filing the person's sworn
application with the Town Secretary not earlier than February 12, 2011 and not later
than 5:00 p.m. on March 14, 2011. Each such application shall be on a form as
prescribed by the Texas Election Code. The order in which the names of the
candidates are to be printed on the ballot shall be determined by a drawing by the Town
Secretary as provided by Section 52.094 of the Texas Election Code. Notice of the time
and place for such drawing shall be given in accordance with Section 52.094(c) and (d)
of the Texas Election Code.
Section 9. If two (2) or more candidates tie for the number of votes required to
be elected, there shall be a runoff election held on Saturday, June 18, 2011. The runoff
election shall be held in accordance with the Texas Election Code.
Section 10. The official ballots for the Special Election shall be prepared in
accordance with the Texas Election Code so as to permit the electors to vote “FOR” or
“AGAINST” the proposition, as required for an election on a measure, with the ballots to
contain such provisions, markings and language as required by law, and with such
propositions to be expressed substantially as follows:
PROPOSITION ONE
FOR OR AGAINST:
The legal sale of all alcoholic beverages for off-premise consumption only.
Section 11. Early voting by personal appearance shall be conducted at the
times, on the dates and at the locations designated on Exhibit “C” hereto. The Order of
Election will be amended at a later date to include early voting sites added due to joint
elections with other political subdivisions.
Section 12. The election materials enumerated in the Code shall be printed in
both English and Spanish for use at the polling places and for early voting for the
Election and provisions shall be made for oral assistance to Spanish-speaking voters.
Section 13. The election officers shall make returns for the Election in the
manner required by law, and the ballots that are properly marked in conformance with
the provisions of the Code for votes cast both during the period of early voting and on
the day of the Election shall be counted in the manner required by law.
Town Council 134 of 202 Meeting Date: February 24, 2011
Section 14. Notice of the Election shall be given by posting a notice containing
a substantial copy of this Ordinance in both English and Spanish at the Town Hall on
the bulletin board used for posting notices of the meetings of the Town Council and at
three (3) other public places within the Town not less than twenty-one (21) days prior to
the date of the Election, and by publication of said notice on the same day in each of
two (2) successive weeks in a newspaper of general circulation published within the
Town, the date of the first publication to be not less than fourteen (14) days nor more
than thirty (30) days prior to the date set for the Election.
Section 15. Pursuant to Section 67.002 of the Texas Election Code, the Town
Council will canvass the election not earlier than May 17, 2011 and not later than May
25, 2011. Notice of the time and place for canvass shall be posted on the official
bulletin board in the same manner as required by the Open Meeting Act for other Town
Council meetings in accordance with the Chapter 551 of the Local Government Code.
Section 16. The Mayor and the Town Secretary of the Town, in consultation
with the Town Attorney, are hereby authorized and directed to take any and all actions
necessary to comply with the provisions of the Code and the Federal Voting Rights Act
in carrying out and conducting the Election, whether or not expressly authorized herein.
Section 17. It is hereby declared to be the intent of the Town Council of the
Town of Trophy Club that the phrases, clauses, sentences, paragraphs, and sections of
this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or
section of this Ordinance shall be declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs, or sections of this
Ordinance, since the same would have been enacted by the Town Council without
incorporation of any such unconstitutional phrase, clause, sentence, paragraph, or
section.
Section 18. The Town Manager or the Town Manager’s designee is authorized
to amend or supplement the Contract to the extent required for the Election to be
conducted in an efficient and legal manner as determined by the Elections
Administrator. Attached and incorporated herein as Exhibit “A” is a copy of a joint
election agreement between the Town and the Denton County Elections Department.
Section 19. The Town Secretary of the Town of Trophy Club is hereby directed
to engross and enroll this Ordinance as required by the Town Charter.
Section 20. This Ordinance shall take effect immediately upon adoption.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
this 24th day of February 2011.
________________________________
Mayor, Connie White
Town of Trophy Club, Texas
Town Council 135 of 202 Meeting Date: February 24, 2011
ATTEST:
_____________________________
Town Secretary, Shannon DePrater
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
___________________________
Town Attorney, Patricia Adams
Town of Trophy Club, Texas
Town Council 136 of 202 Meeting Date: February 24, 2011
EXHIBIT A
JOINT ELECTION AGREEMENT
BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and DENTON COUNTY
Town Council 137 of 202 Meeting Date: February 24, 2011
Page 1 of 11
THE STATE OF TEXAS
COUNTY OF DENTON
JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES
THIS CONTRACT for election services is made by and between the Denton County Elections Administrator and
the following political subdivisions located entirely or partially inside the boundaries of Denton County:
Town of Argyle
Town of Bartonville
Town of Copper Canyon
City of Corinth
Town of Cross Roads
City of Denton
Town of DISH
Town of Double Oak
Town of Flower Mound
City of Fort Worth
City of Hackberry
City of Hebron
Town of Hickory Creek
City of Highland Village
City of Justin
City of Krugerville
City of Krum
City of Lake Dallas
City of Lewisville
Town of Little Elm
Town of Northlake
City of Oak Point
City of Pilot Point
Town of Ponder
Town of Providence Village
City of Roanoke
City of Sanger
Town of Shady Shores
City of Southlake
City of The Colony
Town of Trophy Club
Town of Westlake
Argyle Independent School District
Aubrey Independent School District
Denton Independent School District
Krum Independent School District
Lake Dallas Independent School District
Lewisville Independent School District
Little Elm Independent School District
Northwest Independent School District
Pilot Point Independent School District
Ponder Independent School District
Sanger Independent School District
Mustang SUD
Trophy Club MUD 1
This contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 and Texas Education Code
Section 11.0581 for a joint May 14, 2011 election to be administered by Frank Phillips, Denton County Elections Administrator,
hereinafter referred to as “Elections Administrator.”
RECITALS
Each participating authority listed above plans to hold a general and/or special election on May 14, 2011.
The County owns an electronic voting system, the Hart InterCivic eSlate/eScan Voting System (Version 6.2.1), which
has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and is compliant
with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section 61.012. The
contracting political subdivisions desire to use the County’s electronic voting system and to compensate the County for such
use and to share in certain other expenses connected with joint elections in accordance with the applicable provisions of
Chapters 31 and 271 of the Texas Election Code, as amended.
NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS
AGREED as follows:
Town Council 138 of 202 Meeting Date: February 24, 2011
Page 2 of 11
I. ADMINISTRATION
The parties agree to hold a “Joint Election” with Denton County and each other in accordance with Chapter 271 of the
Texas Election Code and this agreement. The Denton County Elections Administrator shall coordinate, supervise, and handle
all aspects of administering the Joint Election as provided in this agreement. Each participating authority agrees to pay the
Denton County Elections Administrator for equipment, supplies, services, and administrative costs as provided in this
agreement. The Denton County Elections Administrator shall serve as the administrator for the Joint Election; however, each
participating authority shall remain responsible for the decisions and actions of its officers necessary for the lawful conduct of its
election. The Elections Administrator shall provide advisory services in connection with decisions to be made and actions to be
taken by the officers of each participating authority as necessary.
It is understood that other political subdivisions may wish to participate in the use of the County’s electronic voting
system and polling places, and it is agreed that the Elections Administrator may enter into other contracts for election services
for those purposes on terms and conditions generally similar to those set forth in this contract. In such cases, costs shall be
pro-rated among the participants according to Section XI of this contract.
At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The
participating parties shall share a mutual ballot in those polling places where jurisdictions overlap. However, in no instance
shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible
to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap.
II. LEGAL DOCUMENTS
Each participating authority shall be responsible for the preparation, adoption, and publication of all required election
orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or the participating
authority’s governing body, charter, or ordinances, except that the Elections Administrator shall be responsible for the
preparation and publication of all electronic voting equipment testing notices that are required by the Texas Election Code.
Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each participating
authority, including translation to languages other than English. Each participating authority shall provide a copy of their
respective election orders and notices to the Denton County Elections Administrator.
The Elections Administrator shall prepare a submission, on behalf of all participating authorities, to the United States
Department of Justice for preclearance of the joint election procedures and polling places, pursuant to the Voting Rights Act of
1965, as amended. The Elections Administrator will provide to each participating authority a photocopy of the joint submission
and any correspondence from the Department of Justice.
The joint submission prepared by the Elections Administrator will not include submission of information for any special
elections held by the participating authorities. Participating authorities are hereby notified and encouraged to prepare their own
submissions to the United States Department of Justice for special election procedures, or any changes that are specific to
their own political subdivision.
By signing this agreement, each participating authority certifies that it has no unresolved preclearance or
voting rights issues known to it that would preclude or delay Department of Justice preclearance of the joint election.
The Elections Administrator will file an amended submission to the United States Department of Justice in the event
that any polling places are changed after the original submission is filed, including changes resulting from the withdrawal of one
or more participating authorities pursuant to Section XII of this contract.
III. VOTING LOCATIONS
The Elections Administrator shall select and arrange for the use of and payment for all Election Day voting locations.
Voting locations will be, whenever possible, the usual voting location for each election precinct in elections conducted by each
participating city, and shall be compliant with the accessibility requirements established by Election Code Section 43.034 and
Town Council 139 of 202 Meeting Date: February 24, 2011
Page 3 of 11
the Americans with Disabilities Act (ADA). The proposed voting locations are listed in Attachment A of this agreement. In the
event that a voting location is not available or appropriate, the Elections Administrator will arrange for use of an alternate
location with the approval of the affected participating authorities. The Elections Administrator shall notify the participating
authorities of any changes from the locations listed in Attachment A.
If polling places for the May 14, 2011 joint election are different from the polling place(s) used by a participating
authority in its most recent election, the authority agrees to post a notice no later than May 14, 2010 at the entrance to any
previous polling places in the jurisdiction stating that the polling location has changed and stating the political subdivisi on’s
polling place names and addresses in effect for the May 14, 2011 election. This notice shall be written in both the English and
Spanish languages.
IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL
Denton County shall be responsible for the appointment of the presiding judge and alternate judge for each polling
location. The Elections Administrator shall make emergency appointments of election officials if necessary.
Upon request by the Elections Administrator, each participating authority agrees to assist in recruiting polling place
officials who are bilingual (fluent in both English and Spanish). In compliance with the Federal Voting Rights Act of 1965, as
amended, each polling place containing more than 5% Hispanic population as determined by the 2000 Census shall have one
or more election official who is fluent in both the English and Spanish languages. If a presiding judge is not bilingual, and is
unable to appoint a bilingual clerk, the Elections Administrator may recommend a bilingual worker for the polling place. If the
Elections Administrator is unable to recommend or recruit a bilingual worker, the participating authority or authorities served by
that polling place shall be responsible for recruiting a bilingual worker for translation services at that polling place.
The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of Chapter 32
of the Texas Election Code, and will take the necessary steps to insure that all election judges appointed for the Joint Election
are eligible to serve.
The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The
Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election
supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying him of his appointment,
the time and location of training and distribution of election supplies, and the number of election clerks that the presiding judge
may appoint.
Each election judge and clerk will receive compensation at the hourly rate established by Denton County pursuant to
Texas Election Code Section 32.091. The election judge will receive an additional sum of $25.00 for picking up the election
supplies prior to Election Day and for returning the supplies and equipment to the central counting station after the polls close.
Election judges and clerks who attend voting equipment training and/or procedures training shall be compensated at
the same hourly rate that they are to be paid on election day.
The Elections Administrator may employ other personnel necessary for the proper administration of the election,
including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies during early
voting and on Election Day, and for the efficient tabulation of ballots at the central counting station. Part-time personnel
working as members of the Early Voting Ballot Board and/or central counting station on election night will be compensated at
the hourly rate set by Denton County in accordance with Election Code Sections 87.005, 127.004, and 127.006.
Town Council 140 of 202 Meeting Date: February 24, 2011
Page 4 of 11
V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT
The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited to, the
County’s electronic voting system and equipment, official ballots, sample ballots, voter registration lists, and all forms, signs,
maps and other materials used by the election judges at the voting locations. The Elections Administrator shall ensure
availability of tables and chairs at each polling place and shall procure rented tables and chairs for those polling places that do
not have tables and/or chairs. The Elections Administrator shall be responsible for conducting all required testing of the
electronic equipment, as required by Chapters 127 and 129 of the Texas Election Code.
At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The
participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance shall a
voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to
vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. The Elections
Administrator shall provide the necessary voter registration information, maps, instructions, and other information needed to
enable the election judges in the voting locations that have more than one ballot style to conduct a proper election.
Each participating authority shall furnish the Elections Administrator a list of candidates and/or propositions showing the
order and the exact manner in which the candidate names and/or proposition(s) are to appear on the official ballot (including
titles and text in each language in which the authority’s ballot is to be printed). Each participating authority shall be responsible
for proofreading and approving the ballot insofar as it pertains to that authority’s candidates and/or propositions.
The joint election ballots that contain ballot content for more than one joint participant because of overlapping territory
shall be arranged in the following order: Independent School District, City, Water District(s), and other political subdivisions.
Early Voting by Personal Appearance shall be conducted exclusively on Denton County’s eSlate electronic voting
system. On Election Day, voters shall have a choice between voting on the eSlate electronic voting system or by a paper ballot
that is scanned at the polling place using Denton County’s eScan voting system only if a participating authority chooses to use
both paper and electronic. Provisional ballots cast on Election Day will be cast only on the eSlate electronic voting system to
prevent the possibility of paper provisional ballots from being immediately counted via the eScan ballot scanner.
Due to current limitations of the county’s eScan ballot scanners, it is necessary that in the event ballot content for a
particular participating authority or joint election ballot style is too lengthy to fit on a one page paper ballot, all election day voting
for that particular authority or ballot style must be held on the county’s eSlate voting system.
If a participating authority wishes to use both paper and electronic, the full cost of the paper ballot will be up to that
participating authority at each polling location that is shared with other participating authorities that don’t wish to have both
paper and electronic. The number of paper ballots printed for Election Day voting shall be, at a minimum, equal to the same
Election Day turnout as in the last comparable election plus 25 percent of that number, with the final number of ballots ordered
per polling place or precinct adjusted upward to end in a number divisible by 50.
The Elections Administrator shall be responsible for the preparation, testing, and delivery of the voting equipment for
the election as required by the Election Code.
The Elections Administrator shall conduct criminal background checks on relevant employees upon hiring as required
by Election Code Section 129.051(g).
VI. EARLY VOTING
The participating authorities agree to conduct joint early voting and to appoint the Election Administrator as the Early
Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Each participating authority agrees
to appoint the Elections Administrator’s permanent county employees as deputy early voting clerks. The participating
authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of
early voting as necessary, and that these additional deputy early voting clerks shall be compensated at an hourly rate set by
Denton County pursuant to Section 83.052 of the Texas Election Code. Deputy early voting clerks who are permanent
Town Council 141 of 202 Meeting Date: February 24, 2011
Page 5 of 11
employees of the Denton County Elections Administrator or any participating authority shall serve in that capacity without
additional compensation.
Early Voting by personal appearance will be held at the locations, dates, and times listed in Attachment “B” of this
document. Any qualified voter of the Joint Election may vote early by personal appearance at any of the joint early voting
locations.
As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by mail
in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted by mail
received by the participating authorities shall be forwarded immediately by fax or courier to the Elections Administrator for
processing.
The Elections Administrator shall provide each participating authority a copy of the early voting report on a daily basis
and a cumulative final early voting report following the election. In accordance with Section 87.121(g) of the Election Code, the
daily reports showing the previous day’s early voting activity will be distributed to each participating authority no later than 8:00
AM each business day.
VII. EARLY VOTING BALLOT BOARD
Denton County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Joint Election.
The Presiding Judge, with the assistance of the Elections Administrator, shall appoint two or more additional members to
constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to efficiently process
the early voting ballots.
VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS
The Elections Administrator shall be responsible for establishing and operating the central counting station to receive
and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this agreement.
The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 of the Texas Election
Code, appoint the following central counting station officials:
Counting Station Manager: Frank Phillips, Denton County Elections Administrator
Tabulation Supervisor: Sara Tischler, Denton County Technical Operations Manager
Presiding Judge: Randie Geistman
Alternate Judge: Paula Paschal
The counting station manager or his representative shall deliver timely cumulative reports of the election results as
precincts report to the central and remote counting stations and are tabulated. The manager shall be responsible for releasing
unofficial cumulative totals and precinct returns from the election to the joint participants, candidates, press, and general public
by distribution of hard copies at the central counting station and by posting to the Denton County web site. To ensure the
accuracy of reported election returns, results printed on the tapes produced by Denton County’s voting equipment will not be
released to the participating authorities at the remote collection sites or by phone from individual polling locations.
The Elections Administrator will prepare the unofficial canvass reports after all precincts have been counted, and will
deliver a copy of the unofficial canvass to each participating authority as soon as possible after all returns have been tabulated.
The Elections Administrator will include the tabulation and precinct-by-precinct results that are required by Texas Election Code
Section 67.004 for the participating entities to conduct their respective canvasses. Each participating authority shall be
responsible for the official canvass of its respective election(s).
The Elections Administrator will prepare the electronic precinct-by-precinct results reports for uploading to the
Secretary of State as required by Section 67.017 of the Election Code. The Elections Administrator agrees to upload these
reports for each participating authority unless requested otherwise.
Town Council 142 of 202 Meeting Date: February 24, 2011
Page 6 of 11
The Elections Administrator shall be responsible for conducting the post-election manual recount required by Section
127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies of the
recount, if waiver is denied, will be provided to each participating authority and the Secretary of State’s Office.
IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE DENTON COUNTY
The Elections Administrator shall administer only the Denton County portion of the Town of Flower Mound’s election.
The Elections Administrator shall administer only the Denton County portion of the City of Fort Worth’s election.
The Elections Administrator agrees to administer the entire Lewisville election including that portion of Lewisville that is
within Dallas County.
The Elections Administrator shall administer only the Denton County portion of Northwest ISD’s election.
The Elections Administrator agrees to administer the entire Pilot Point ISD election including that portion of Pilot Point
ISD that is within Cooke and Grayson Counties.
The Elections Administrator shall administer only the Denton County portion of the City of Roanoke’s election.
The Elections Administrator shall administer only the Denton County portion of the City of Southlake’s election.
The Elections Administrator shall administer only the Denton County portion of the Town of Trophy Club’s election.
The Elections Administrator shall administer only the Denton County portion of the Trophy Club MUD 1’s election.
The Elections Administrator shall administer only the Denton County portion of the Town of Westlake’s election.
X. RUNOFF ELECTIONS
Each participating authority shall have the option of extending the terms of this agreement through its runoff election, if
applicable. In the event of such runoff election, the terms of this agreement shall automatically extend unless the participating
authority notifies the Elections Administrator in writing within 3 business days of the original election.
Each participating authority shall reserve the right to reduce the number of early voting locations and/or Election Day
voting locations in a runoff election. If necessary, any voting changes made by a participating authority between the original
election and the runoff election, shall be submitted by the authority making the change to the United States Department of
Justice for the preclearance required by the Federal Voting Rights Act of 1965, as amended.
Each participating authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the May
14, 2011 election and to conduct its drawing for ballot positions at or immediately following such meeting in order to expedite
preparations for its runoff election.
Each participating authority eligible to hold runoff elections agrees that the date of the runoff election, if necessary, shall
be Saturday, June 18, 2011.
XI. ELECTION EXPENSES AND ALLOCATION OF COSTS
The participating authorities agree to share the costs of administering the Joint Election. Allocation of costs, unless
specifically stated otherwise, is mutually agreed to be shared according to a formula which is based on the average cost per
election day polling place (unit cost) as determined by adding together the overall expenses and dividing the expenses equally
Town Council 143 of 202 Meeting Date: February 24, 2011
Page 7 of 11
among the total number of polling places. Costs for polling places shared by more than one participating authority shall be pro-
rated equally among the participants utilizing that polling place.
It is agreed that charges for Election Day judges and clerks and Election Day polling place rental fees shall be directly
charged to the appropriate participating authority rather than averaging those costs among all participants.
If a participating authority’s election is conducted at more than one election day polling place, there shall be no charges
or fees allocated to the participating authority for the cost of election day polling places in which the authority has fewer than
50% of the total registered voters served by that polling place, except that if the number of registered voters in all of the
authority’s polling places is less than the 50% threshold, the participating authority shall pay a pro-rata share of the costs
associated with the polling place where it has the greatest number of registered voters.
The participating authorities agree to share the cost of Early Voting. Allocations of costs is mutually agreed to be
shared according to a formula which is based on the cost of all Early Voting polling locations being divided equally among the
number of participating authorities.
Costs for Early Voting by Personal Appearance shall be allocated based upon the actual costs associated with each
early voting site. Each participating authority shall be responsible for a pro-rata portion of the actual costs associated with the
early voting sites located within their jurisdiction. Participating authorities that do not have a regular (non-temporary) early
voting site within their jurisdiction shall pay a pro-rata portion of the nearest regular early voting site.
Each participating authority agrees to pay the Denton County Elections Administrator an administrative fee equal to ten
percent (10%) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code.
The Denton County Elections Administrator shall deposit all funds payable under this contract into the appropriate
fund(s) within the county treasury in accordance with Election Code Section 31.100.
The Denton County Elections Administrator reserves the right to adjust the above formulas in agreement with any
individual jurisdiction if the above formula results in a cost allocation that is inequitable.
XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION
Any participating authority may withdraw from this agreement and the Joint Election should it cancel its election in
accordance with Sections 2.051 - 2.053 of the Texas Election Code. Any monies deposited with the Elections Administrator by
the withdrawing authority shall be refunded, minus a cancellation fee of $75.00.
XIII. RECORDS OF THE ELECTION
The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint
Election as authorized by Section 271.010 of the Texas Election Code.
Access to the election records shall be available to each participating authority as well as to the public in accordance
with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election records shall be
stored at the offices of the Elections Administrator or at an alternate facility used for storage of county records. The Elections
Administrator shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable and
retrievable.
Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of the
Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or open
records request, the Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is
applicable. It is the responsibility of each participating authority to bring to the attention of the Elections Administrator any
notice of pending election contest, investigation, litigation or open records request which may be filed with the participati ng
authority.
Town Council 144 of 202 Meeting Date: February 24, 2011
Page 8 of 11
XIV. RECOUNTS
A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the presiding
officer of the contracting participating authority agrees that any recount shall take place at the offices of the Elections
Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the participating authority’s official or
employee who performs the duties of a secretary under the Texas Election Code shall serve as Recount Coordinator.
The Elections Administrator agrees to provide advisory services to each participating authority as necessary to conduct
a proper recount.
XV. MISCELLANEOUS PROVISIONS
1. It is understood that to the extent space is available, other districts and political subdivisions may wish to
participate in the use of the County’s election equipment and voting places, and it is agreed that the Elections
Administrator may contract with such other districts or political subdivisions for such purposes and that in such
event there may be an adjustment of the pro-rata share to be paid to the County by the participating
authorities.
2. The Elections Administrator shall file copies of this document with the Denton County Judge and the Denton
County Auditor in accordance with Section 31.099 of the Texas Election Code.
3. Nothing in this contract prevents any party from taking appropriate legal action against any other party and/or
other election personnel for a breach of this contract or a violation of the Texas Election Code.
4. This agreement shall be construed under and in accord with the laws of the State of Texas, and all obligations
of the parties created hereunder are performable in Denton County, Texas.
5. In the event that one or more of the provisions contained in this Agreement shall for any reason be held to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any
other provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained herein.
6. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local
governments, and any other entities with local jurisdiction.
7. The waiver by any party of a breach of any provision of this agreement shall not operate as or be construed as
a waiver of any subsequent breach.
8. Any amendments of this agreement shall be of no effect unless in writing and signed by all parties hereto.
XVI. COST ESTIMATES AND DEPOSIT OF FUNDS
The total estimated obligation for each participating authority under the terms of this agreement is listed below. Each
participating authority agrees to pay the Denton County Elections Administrator a deposit of approximately 90% of this
estimated obligation no later than 15 days after execution of this agreement. The exact amount of each participating authority’s
obligation under the terms of this agreement shall be calculated after the May 14, 2011 election (or runoff election, if
applicable), and if the amount of an authority’s total obligation exceeds the amount deposited, the authority shall pay to the
Elections Administrator the balance due within 30 days after the receipt of the final invoice from the Elections Administrator.
However, if the amount of the authority’s total obligation is less than the amount deposited, the Elections Administrator shall
refund to the authority the excess amount paid within 30 days after the final costs are calculated.
Town Council 145 of 202 Meeting Date: February 24, 2011
Page 9 of 11
The total estimated obligation and required deposit for each participating authority under the terms of this agreement
shall be as follows:
Estimated Deposit
Political Subdivision Cost Due
Town of Argyle $2,209.55 $1,988.59
Town of Bartonville $1,804.08 $1,623.67
Town of Copper Canyon $1,484.01 $1,335.61
City of Corinth $2,094.42 $1,884.98
Town of Cross Roads $1,251.22 $1,126.10
City of Denton $7,480.90 $6,732.81
Town of DISH $1,380.82 $1,242.74
Town of Double Oak $2,057.93 $1,852.14
Town of Flower Mound $4,441.05 $3,996.94
City of Fort Worth $3,502.89 $3,152.60
City of Hackberry $1,792.23 $1,613.00
City of Hebron $400.00 $360.00
Town of Hickory Creek $2,144.29 $1,929.86
City of Highland Village $2,976.26 $2,678.63
City of Justin $1,694.57 $1,525.11
City of Krugerville $1,309.15 $1,178.24
City of Krum $1,699.43 $1,529.49
City of Lake Dallas $2,956.68 $2,661.02
City of Lewisville $4,259.88 $3,833.89
Town of Little Elm $4,393.38 $3,954.04
Town of Northlake $1,788.40 $1,609.56
City of Oak Point $1,475.67 $1,328.10
City of Pilot Point $1,286.88 $1,158.19
Town of Ponder $1,558.66 $1,402.80
Town of Providence Village $1,483.40 $1,338.03
City of Roanoke $2,131.80 $1,918.62
City of Sanger $2,598.93 $2,339.03
Town of Shady Shores $2,046.71 $1,842.04
City of Southlake $1,399.57 $1,259.61
City of The Colony $4,142.48 $3,728.23
Town of Trophy Club $1,823.92 $1,641.52
Town of Westlake $400.00 $360.00
Argyle ISD $3,368.30 $3,031.47
Aubrey ISD $3,934.89 $3,541.40
Denton ISD $12,773.78 $11,496.40
Krum ISD $2,739.82 $2,465.84
Lake Dallas ISD $4,306.75 $3,876.07
Lewisville ISD $23,796.07 $21,416.47
Little Elm ISD $8,141.85 $7,327.67
Northwest ISD $6,500.55 $5,850.49
Pilot Point ISD $1,791.99 $1,338.03
Town Council 146 of 202 Meeting Date: February 24, 2011
Page 10 of 11
Ponder ISD $2,595.71 $2,336.14
Sanger ISD $3,651.43 $3,286.29
Mustang SUD $3,586.56 $3,227.90
Trophy Club MUD1 $1,781.77 $1,603.59
THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK
Revised 2.10.2011 (4:10 p.m.)
Town Council 147 of 202 Meeting Date: February 24, 2011
XVII. JOINT CONTRACT ACCEPTANCE AND APPROVAL
IN TESTIMONY HEREOF, this agreement has been executed on behalf of the parties hereto as follows, to‐wit:
(1) It has on the _____ day of ___________, 2011 been executed by the Denton County Elections
Administrator pursuant to the Texas Election Code so authorizing;
(2) It has on the 24th day of February, 2011 been executed on behalf of the Town of Trophy Club
pursuant to an action of the Town of Trophy Club Town Council so authorizing;
ACCEPTED AND AGREED TO BY DENTON COUNTY ELECTIONS ADMINISTRATOR:
APPROVED:
___________________________________________
FRANK PHILLIPS
ACCEPTED AND AGREED TO BY THE TOWN OF TROPHY CLUB:
APPROVED: ATTESTED:
_____________________________________________ _______________________________________
Mayor, Connie White Town Secretary, Shannon DePrater
Town of Trophy Club Town of Trophy Club
Town Council 148 of 202 Meeting Date: February 24, 2011
EXHIBIT B
JOINT ELECTION AGREEMENT
BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and TARRANT COUNTY
Tarrant County will not submit a contract for Election Services until after April 1, 2011
when the determination of participating entities and cost per entity is available.
Town Council 149 of 202 Meeting Date: February 24, 2011
EXHIBIT C
In addition to the early voting polling location located within the Town, Trophy Club Denton
County voters may vote at all early voting polling locations as designated and maintained by
Denton County throughout the County.
Trophy Club Tarrant County voters may only vote at the early voting polling locations as
designated and maintained by Tarrant County throughout the County.
The Order of Election will be amended at a later date to include early voting sites added due
to joint elections with other political subdivisions.
NOTICE FOR EARLY VOTING
Denton County
Early voting by personal appearance will be conducted at:
100 Municipal Drive on the following:
Monday, May 2
Tuesday, May 3
Wednesday, May 4
Thursday, May 5
Friday, May 6
Saturday, May 7
Monday, May 9
Tuesday, May 10
8:00 a.m. – 5:00 p.m.
8:00 a.m. – 5:00 p.m.
8:00 a.m. – 5:00 p.m.
8:00 a.m. – 5:00 p.m.
8:00 a.m. – 5:00 p.m.
8:00 a.m. – 5:00 p.m.
7:00 a.m. – 7:00 p.m.
7:00 a.m. – 7:00 p.m.
Town Council 150 of 202 Meeting Date: February 24, 2011
Page 1 of 3
Revised 2/16/2011 3:07:50 PM
DRAFT - EARLY VOTING FOR MAY 14, 2011
(VOTACIÓN ADELANTADA DE 14 DE MAYO DE 2011)
JOINT – GENERAL AND SPECIAL ELECTIONS
(ELECCIONES GENERALES Y ESPECIALES CONJUNTAS)
EARLY VOTING BY PERSONAL APPEARANCE DAYS AND HOURS
(DIAS Y HORAS DE VOTACIÓN TEMPRANO POR APARICIÓN PERSONAL)
May (Mayo) 2 - 6 Monday - Friday (Lunes - Viernes) 8:00 a.m. - 5:00 p.m.
May (Mayo) 7 Saturday (Sábado) 7:00 a.m. - 7:00 p.m.
May (Mayo) 8 Sunday (Domingo) 11:00 a.m. - 4:00 p.m.
May (Mayo) 9 - 10 Monday - Tuesday (Lunes - Martes) 7:00 a.m. - 7:00 p.m.
SEE LIST OF LOCATIONS ON BACK
(VER LA LISTA DE CASETAS AL REVERSO)
EARLY VOTING BY MAIL
(VOTACIÓN TEMPRANO POR CORREO)
TO RECEIVE A BALLOT APPLICATION OR FOR MORE INFORMATION CALL
TARRANT COUNTY ELECTIONS ADMINISTRATION: 817-831-8683
(PARA RECIBIR UNA SOLICITUD PARA BOLETA O MAS INFORMACIÓN LLAMAR
AL ADMINISTRADOR DE ELECCIONES DEL CONDADO DE TARRANT: 817-831-8683)
Applications for a ballot by mail must be submitted between March 15, 2011 and May 6, 2011
with one of the following requirements: (Solicitudes para una boleta por correo pueden ser sometidas durante el 15 de
Marzo de 2011, y 6 de May de 2011, con uno de los siguientes requisitos:)
1. Age of voter is 65 or over on Election Day. (Edad del votante es 65 o mas el Día de Elección.)
2. Voter is disabled. (Votante está incapacitado.)
For #1 or #2, the ballot must be mailed to the voter registration residence address/mailing
address or to a hospital, nursing home/long-term care facility, retirement center or address of a
relative. The relationship of the relative must be indicated. (Para #1 o #2 la boleta debe ser enviada a la
dirección residencial/dirección de correo de registro de votante o á un hospital, clinica para convalecientes ó ancianos/facilidad de cuidado
de término largo, centro de jubilación o dirección de un pariente. Debe indicar el parentesco del pariente.)
3. Voter is confined in jail - ballot must be mailed to the jail or address of a relative.
The relationship of the relative must be indicated. (Votante esta encarcelado - boleta debe ser enviada á la cárcel o
a la dirección de un pariente. Debe indicar el parentesco del pariente.)
4. Voter expects to be out of the county on Election Day and during the regular hours
for conducting early voting - ballot must be mailed to an address outside the county. (Votante
espera estar afuera del condado el Día de Elección y durante las horas regulares de conducir votación temprano - boleta debe ser enviada á
una dirección afuera del condado.)
Applications must be received at the following address
NO LATER THAN FRIDAY, MAY 6, 2011
(Las solicitudes deben ser recibidas por correo a la dirección siguiente NO MAS TARDAR DEL VIERNES, 6 de MAYO de 2011)
STEVE RABORN, EARLY VOTING CLERK
(Secretario De Votación Adelantada, Steve Raborn)
PO BOX 961011
FORT WORTH, TEXAS 76161-0011
FOR VOTERS WITH ONSET OF AN ILLNESS ON OR AFTER MAY 5, 2011, EMERGENCY BALLOT APPLICATIONS MUST BE RETURNED NO LATER THAN 5 PM,
ELECTION DAY, AT THE ELECTIONS CENTER, 2700 PREMIER STREET, FORT WORTH, TX 76111 (SEC. 102.001, TEXAS ELECTION CODE.) (PARA
VOTANTES CON PRINCIPIOS DE UNA ENFERMEDAD EN O DESPUES DEL 5 DE MAYO DE 2011, SOLICITUDES PARA BOLETA DE EMERGENCIA DEBE SER REGRESADA NO MAS TARDAR
DE LAS 5 PM, EL DÍA DE ELECCIÓN, EN EL CENTRO DE ELECCIONES, 2700 PREMIER ST., FORT WORTH, TX 76111 (SEC. 102.001, CÓDIGO DE ELECCIÓN DE TEJAS.)
Town Council 151 of 202 Meeting Date: February 24, 2011
Page 2 of 3
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32. Hurst Recreation Center 700 Mary Drive Hurst, Texas 76053 33. Keller Town Hall 1100 Bear Creek Parkway Keller, Texas 76248 34. Kennedale Community Center 316 West 3 rd Street Kennedale, Texas 76060 Lake Worth 35. Sheriff’s Office North Patrol Building 6651 Lake Worth Boulevard Lake Worth, Texas 76135 36. Mansfield Sub-Courthouse 1100 East Broad Street Mansfield, Texas 76063 37. North Richland Hills Recreation Center 6720 Northeast Loop 820 North Richland Hills, Texas 76180 38. Pantego Town Hall 1614 South Bowen Road Pantego, Texas 76013 39. Richland Hills Community Center 3204 Diana Drive Richland Hills, Texas 76118 40. River Oaks City Hall 4900 River Oaks Boulevard River Oaks, Texas 76114 41. Saginaw-Log Cabin Senior Center 405 Belmont Street Saginaw, Texas 76179 42. Southlake Town Hall 1400 Main Street Southlake, Texas 76092 43. Watauga City Hall 7105 Whitley Road Watauga, Texas 76148 44. White Settlement Public Library 8215 White Settlement Rd White Settlement, Texas 76108
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Page 3 of 3
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To
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c
i
l
15
3
of
20
2
Me
e
t
i
n
g
Date: February 24, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-89-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/15/2011 Town Council
On agenda:Final action:2/24/2011
Title:Consider and take appropriate action regarding financial and variance report dated January 2011.
Attachments:January 2011 Monthly Financial Reports.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding financial and variance report dated January 2011.
Town Council 154 of 202 Meeting Date: February 24, 2011
Town Council 155 of 202 Meeting Date: February 24, 2011
Town Council 156 of 202 Meeting Date: February 24, 2011
Town Council 157 of 202 Meeting Date: February 24, 2011
Town Council 158 of 202 Meeting Date: February 24, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-85-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/15/2011 Town Council
On agenda:Final action:2/24/2011
Title:Town Manager Slye's update regarding the following; discussion of the same.
- Trophy Club Commons Site Plan Update
- Finance Director and Public Relations Manager Positions Update
- UNT MPA Conference, February 25, 2011
Attachments:
Action ByDate Action ResultVer.
Title
Town Manager Slye's update regarding the following; discussion of the same.
- Trophy Club Commons Site Plan Update
- Finance Director and Public Relations Manager Positions Update
- UNT MPA Conference, February 25, 2011
Town Council 159 of 202 Meeting Date: February 24, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-93-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/15/2011 Town Council
On agenda:Final action:
Title:Town Council Liaison Updates and discussion of same:
- EDC 4B, January 24, 2011 - Council member Strother
- MUD No. 1, February 15, 2011 - Mayor Pro Tem Rose
- Ground Storage Tanks
- Fire Communication Plan
- Water Conservation
- Parks and Recreation Board, February 15, 2011 - Council member Hoover
Attachments:
Action ByDate Action ResultVer.
Title
Town Council Liaison Updates and discussion of same:
- EDC 4B, January 24, 2011 - Council member Strother
- MUD No. 1, February 15, 2011 - Mayor Pro Tem Rose
- Ground Storage Tanks
- Fire Communication Plan
- Water Conservation
- Parks and Recreation Board, February 15, 2011 - Council member Hoover
Town Council 160 of 202 Meeting Date: February 24, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-86-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/15/2011 Town Council
On agenda:Final action:2/24/2011
Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional
meetings; discussion of same:
- Northwest Communities Partnership Monthly Meeting
- Neighbor Helping Neighbor
- Elected Officials Conference
- Water Conservation Meeting
- Metroport Cities Partnership
- Transportation Summit
- Denton County Mayor's Roundtable Luncheon
- Ribbon Cutting
- 35W Coalition Quarterly Meeting
Attachments:
Action ByDate Action ResultVer.
Title
Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of
same:
- Northwest Communities Partnership Monthly Meeting
- Neighbor Helping Neighbor
- Elected Officials Conference
- Water Conservation Meeting
- Metroport Cities Partnership
- Transportation Summit
- Denton County Mayor's Roundtable Luncheon
- Ribbon Cutting
- 35W Coalition Quarterly Meeting
Town Council 161 of 202 Meeting Date: February 24, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-87-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/15/2011 Town Council
On agenda:Final action:2/24/2011
Title:Items for Future Agendas.
Attachments:Future Agenda Items List.pdf
Action ByDate Action ResultVer.
Title
Items for Future Agendas.
Town Council 162 of 202 Meeting Date: February 24, 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 update regarding the loop road and a report from the engineer firm hired by
the County. (Stotts, 6/21/10)
7. Parks Board to provide a recommendation to the Council regarding fees for
recreational amenities; Council discussion and action. (Rose, 9/27/10)
8. Presentation and 10-year plan from Dr. Walker on Trophy Club Park. (Stotts,
10/4/10)
9. Staff proposal regarding the amenity lakes, including associated costs to accept
the amenity lakes from the developer. (Stotts, 10/4/10)
10. Consider and take appropriate action regarding communication plan (Cantrell,
11/15/2010)
11. Consider and take appropriate action regarding Planning & Zoning readiness if
Local Option Election Petition is successful. (Cantrell, 1/3/11)
Town Council 163 of 202 Meeting Date: February 24, 2011
Supplemental
Information
Town Council 164 of 202 Meeting Date: February 24, 2011
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16
5
of
20
2
Me
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t
i
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Date: February 24, 2011
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16
6
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2
Me
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i
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g
Date: February 24, 2011
3
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16
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2
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g
Date: February 24, 2011
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3
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Date: February 24, 2011
1
February 11, 2011
Number 6
GOVERNOR’S STATE OF THE STATE SPEECH: CITIES NOT
IN THE CROSSHAIRS?
During his State of the State speech on Tuesday, February 8, Governor Perry mentioned
some issues of concern to Texas cities, though his primary focus was on state budget items,
education, tort reform, health care, and prison issues. The governor did renew his call for
swift action on eminent domain reform, however, saying the legislature “must protect private
property rights like Senator Estes and Representative Geren have done in their bills.” The
Senate State Affairs Committee and the full Senate passed Senator Estes’ bill, S.B. 18, by
unanimous votes. A full description of the bill is included in the Recent Floor Actions
section, located elsewhere in this issue.
Governor Perry also proclaimed support for already-filed legislation relating to preventing
unfunded mandates on local governments: “Let’s don’t burden local authorities with
unfunded mandates because they are facing their own challenges as well.” City officials
should applaud the governor’s support of such legislation.
In speaking about immigration and border security issues, the governor called for legislation
to “abolish sanctuary cities” by prohibiting city policies that restrict “discretion” during
“lawful detentions” by police officers. So-called sanctuary city legislation remains an
emergency item, and several such bills have been filed so far this session.
Town Council 171 of 202 Meeting Date: February 24, 2011
2
It is significant and somewhat encouraging that the governor didn’t call for artificial
restrictions on property tax appraisals or tax rates, an issue that has appeared in his State of
the State speeches in recent sessions. While such bills have been filed this session, cities’
budgetary restraint during this recession appears to have been noticed by state leadership. If
and when these bills get a hearing in legislative committee, TML and city officials will argue
that cities already accomplished the hard work of passing lean, responsible budgets last fall.
The state government must now focus on the looming state budget deficit and other statewide
problems, leaving cities alone to provide essential services like police, fire, streets, and
water. In this regard, the governor’s speech seemed a step in the right direction.
2011 LEGISLATIVE TRAINING SERIES:
TWO WORKSHOPS IN AUSTIN - THREE WEBINARS ONLINE
The League is pleased to offer live and online seminars regarding the 2011 legislative
session. Please go to www.tml.org and click on “Training” for more detailed information.
• FEBRUARY 14 ONSITE WORKSHOP—Legislative Briefing
Renaissance Hotel • 9721 Arboretum Boulevard • Austin
The 2011 legislative session is now in full swing. From voter identification
legislation… to reviewing state agencies…to redistricting—come learn first-hand the
issues expected to face Texas cities this year.
• MARCH 25 ONLINE WEBINAR—Legislative Status Report: The Countdown
Begins
This Webinar will tell you which bills need the most attention, the workload of the
key committees with the largest number and most important city-related bills, and
how an issue can still appear, even though no bill was filed.
• APRIL 15 ONLINE WEBINAR—Legislative Status Report: The End Is
Near…but Not Near Enough
With the work of House and Senate committees increasing, city-related bills are being
heard every day. While the TML staff is working feverishly to monitor all the
hearings, city officials can take an active role in the process. Learn what you can do to
help.
• MAY 13 ONLINE WEBINAR—Legislative Status Report: The Final Days from
the Bunker
In the final weeks of the legislative session, last-minute tactics to keep bills alive are
used. While deadlines have passed, that means little to those who still want to
advance their issues. Find out what to expect in the final days—and why city officials
can never assume a bill is dead.
Town Council 172 of 202 Meeting Date: February 24, 2011
3
• JUNE 27 ONSITE WORKSHOP—Legislative Wrap-Up
DoubleTree Hotel • 6505 North IH-35 • Austin
This one-day workshop will focus on the outcome of key, city-related bills from the
recently concluded legislative session. You can learn about the impact this legislation
will have on the day-to-day activities of cities and the dynamics behind some of the
pertinent political decisions.
HOUSE ENERGY RESOURC E S INTERIM REPORT
The House Committee on Energy Resources completed and released its interim report, which
addressed four interim charges. Two of the charges contained issues of interest to cities,
including the following recommendations to the legislature:
Local Regulation of Oil and Gas Drilling
• Consider requiring the Railroad Commission of Texas or its successor to work with
municipal leaders and industry experts to develop a model ordinance that would
address regulatory gaps in unincorporated areas and that could be made available for
local governments to adopt on a regional basis to allow for consistent, uniform
standards in an area.
• The Utilities Code should be amended to make it clear that both utility and non-utility
pipelines may be placed in Texas Department of Transportation rights of way.
Local Regulation of Liquefied Petroleum Gas
• A law may be passed to amend the Natural Resources Code to add a new section that
states the rules and standards promulgated and adopted by the Railroad Commission
of Texas preempt and supersede any ordinance, order, or rule adopted by a political
subdivision relating to any aspect or phase of the liquefied petroleum gas industry.
However, the legislature must decide if the need for a consistent regulatory scheme
for the liquefied petroleum gas industry outweighs the preference for local flexibility.
The decision is left to the will of the legislature.
WHAT’S YOUR AREA OF EXPERTISE OR INTEREST?
JOIN YOUR FAVORITE E-LIST
The TML staff is gathering e-mail addresses from city officials (elected or appointed) who
are willing to provide testimony during the 2011 legislative session, want to be kept “in the
loop” on certain subject matters, or are willing to simply provide their perspective on a
particular legislative matter.
Town Council 173 of 202 Meeting Date: February 24, 2011
4
If you would like to participate in this E-List project, simply go to
http://www.tml.org/genform/E-List.asp and fill out the online form. If you have any
questions, please contact JJ Rocha at jj@tml.org or 512-231-7400.
SIGNIFICANT FLOOR ACTIONS
S.B. 18 (Estes)
, relating to the use of eminent domain authority. As passed by the Senate,
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 expire if the letter is not sent by the deadline.
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.
Town Council 174 of 202 Meeting Date: February 24, 2011
5
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.
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. 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.
12. 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.
13. 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.
14. 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.
15. 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.
Town Council 175 of 202 Meeting Date: February 24, 2011
6
CITY-RELATED BILLS FILED
H.B. 983 (Menendez) - Survivor Benefits: would make a survivor of an individual killed
in the line of duty: (1) eligible to purchase health benefits from the deceased officer’s
employer’s benefits carrier even if the survivor has health benefits with another employer;
and (2) eligible to apply for health benefits until September 1, 2012, if the officer died after
September 1993.
H.B. 1066 (Workman) – Red Light Cameras: would require a local authority, including a
city, to install a timer at each intersection at which a photographic traffic signal enforcement
system is used that displays the number of seconds that remain before the signal changes.
H.B. 1068 (F. Brown) – License Plates: would require the Department of Motor Vehicles
to issue only one license plate for attachment at the rear of the vehicle for which the plate is
issued and authorize a person to operate a vehicle on a public highway with only one license
plate displayed and attached at the rear of the vehicle.
H.B. 1079 (P. King) – Property Tax: would extend the current ten-percent appraisal cap to
business property. (The cap currently applies only to residential homesteads.)(Companion
bill is S.B. 474 by Patrick.)
H.B. 1083 (Elkins) - Police Identification: would require a city police department to issue
an identification card to an honorably retired police officer who holds a proficiency
certificate.
H.B. 1088 (C. Howard) – Property Tax: would: (1) clarify that only a citizen of the United
States is eligible to serve on an appraisal review board; (2) provide that appraisal review
board members are appointed by the local administrative district judge in the county in which
the appraisal district is established; and (3) provide that members of a consolidated appraisal
review board are appointed jointly by the local administrative district judges in the counties
in which the appraisal districts that are parties to the contract are established.
H.B. 1089 (Martinez Fischer) – Graffiti: 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.
H.B. 1090 (N. Gonzalez) – Property Tax: would change the amount of interest that a city
making a refund of property taxes following a judicial proceeding must pay from eight
percent to an annual rate that is equal to the auction average rate quoted on a bank discount
basis for three-month treasury bills issued by the federal government.
H.B. 1092 (Christian) – Volunteer Fire Departments: would exempt certain volunteer fire
department facilities in counties with a population of 80,000 or less from certain engineering-
related construction requirements.
Town Council 176 of 202 Meeting Date: February 24, 2011
7
H.B. 1094 (Farias) – Political Contributions and Expenditures: would: (1) require the
clerk of a city with a population of 500,000 or more to post on the city’s Web site reports of
political expenditures and contributions that are filed with the clerk by the mayor or a
member of the city council; (2) repeal Election Code section 254.0401(b) relating to the
Texas Ethics Commission’s duty to make available on the Internet reports for filing
deadlines for candidates for office that are nominated by or seek the nomination of a political
party required to nominated candidates by primary election and specific-purpose committees
that support or oppose only one such candidate; and (3) repeal Local Government Code
section 176.009(b) which requires a city with a population of 500,000 or more to post on the
city’s Web site reports of political contributions and expenditures filed by members of the
city council.
H.B. 1096 (Farias) – Historically Underutilized Businesses: would provide that veterans
who have a service-centered disability according to the federal Americans with Disabilities
Act are eligible to be listed as historically underutilized businesses by the state.
H.B. 1104 (Paxton) – Property Tax: would totally phase out ad valorem taxes on the
residence homesteads of elderly persons by 2021. (Note: please see H.J.R. 83, below.)
H.B. 1105 (Harper-Brown) – Transportation: would, among other things, provide that: (1)
the Texas Department of Transportation will adopt a plan to ensure access to transportation
by pedestrians, bicyclists, persons with disabilities, children, senior citizens, users of public
transportation, movers of commercial goods, and motorists on streets and highways; and (2)
a local authority (including a city) shall ensure that all transportation planning, design,
construction, and reconstruction, street or highway improvements, and access roads, bicycle
paths, and sidewalks to public transportation comply with the complete plan if federal or
state funds are used. (Companion bill is S.B. 513 by Ellis.)
H.B. 1107 (Zerwas) – County Assistance Districts: would authorize a county assistance
district to raise sales taxes within a city’s limits without an election. (Companion bill is S.B.
520 by Hegar.)
H.B. 1116 (Harper-Brown) – Radar Interference Devices: would make it a Class C
misdemeanor offense for a person, other than a law enforcement officer in the discharge of
his official duties, to use a radar interference device in a motor vehicle.
H.B. 1118 (Ritter) – Property Tax: would provide that a taxing unit that purchases
property at a foreclosure sale may sell the property at a private sale for an amount equal to or
greater than its market value if: (1) the sum of the amount of the judgment plus post-
judgment taxes, penalties, and interest owing against the property exceeds the market value;
and (2) each taxing unit entitled to receive proceeds of the sale consents to the sale for that
amount. The bill provides that a taxing unit that does not consent to a private sale is liable to
the taxing unit that purchased the property for a pro rata share of the costs incurred by the
Town Council 177 of 202 Meeting Date: February 24, 2011
8
purchasing unit in maintaining the property, including the costs of preventing the property
from becoming a public nuisance or threat to the public health.
H.B. 1122 (Weber) – Personal Bond: would: (1) make several changes to the law
regarding the trafficking of persons; and (2) allow a magistrate to release a defendant on
personal bond when charged with deadly assault on a law enforcement or corrections officer,
employee of the Board of Pardons and Paroles, or a court participant.
H.B. 1124 (Burnam) – Gas Pipelines: would enact various safety requirements applicable
to gas pipelines in a county over the Barnett Shale, including – among other things – a
prohibition on gathering or transmission pipelines being constructed within 50 feet of an
established permanent structure that is used by human beings on a regular basis, unless
certain conditions are met.
H.B. 1125 (Burnam) – Gas Pipelines: would provide that the Texas Railroad Commission
shall conduct a study regarding, among other things, the odorization of natural gas
transported in gathering and transmission lines located in populated areas.
H.B. 1131 (Larson) – Transportation Funding: would provide that: (1) money that is
required to be used for public roadways by the Texas Constitution or federal law and that is
deposited in the state treasury to the credit of the state highway fund be used only: (a) to
improve the state highway system; or (b) to mitigate adverse environmental effects that result
directly from construction or maintenance of a state highway; and (2) with certain
exceptions, money in the state highway fund that is not described by (1), above, may be used
only to improve the state highway system. (Note: Please see H.J.R. 84, below.)
H.B. 1132 (Larson) – Public Nuisance: would give a person 15 days after receipt of notice
to abate a public nuisance.
H.B. 1135 (Aycock) – Application for Political Office: would: (1) prohibit a candidate
from amending an application for a place on a ballot and prohibit an election authority from
accepting an amendment to the application; and (2) prohibit a candidate from amending a
petition filed in lieu of a filing fee and prohibit an election authority from accepting an
amendment to the petition.
H.B. 1136 (Aycock) – Notice to County Chairs: would require a city secretary 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.
H.B. 1137 (Darby) – Pseudoephedrine: would, among other things, provide that: (1) a
business establishment may not sell to a person who makes over-the-counter purchases of
one or more products containing ephedrine, pseudoephedrine, or norpseudoephedrine more
than nine grams of those substances within a 30-day period; (2) before completing an over-
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the-counter sale of a product containing ephedrine, pseudoephedrine, or norpseudoephedrine,
a business establishment shall transmit the sale information to a real-time electronic logging
system used by pharmacies and law enforcement agencies and personnel, such as the
National Precursor Log Exchange, that is administered by a nonprofit organization involved
in the prevention and investigation of prescription drug diversion , if such a system is
available to the establishment at no cost; and (3) a business establishment may not complete
an over-the-counter sale of a product containing ephedrine, pseudoephedrine, or
norpseudoephedrine if a real-time electronic logging system returns a report that the
completion of the sale would result in the person obtaining an amount greater than allowed
by the bill or current law, regardless of whether all or some of the products previously
obtained by the buyer were sold at another business establishment.
H.B. 1145 (Geren) – Air Quality: would allocate a certain amount of money from the
Texas emissions reduction plan to fund the implementation and oversight of a regional air
monitoring program in the Barnett Shale area, to be implemented through a regional
nonprofit entity with representation from several interests, including cities. (This bill is
identical to S.B. 527 by Fraser.)
H.B. 1147 (W. Smith) – Geospatial Data: 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.
H.B. 1153 (Paxton) – Property Tax: would: (1) require the comptroller to establish an
Internet portal to allow a member of the public to access cities’ financial and tax information
free of charge and that includes a link to a political subdivision’s Web site address or, if the
city does not operate a website, contact information to enable a member of the public to
obtain the information; (2) for any city that maintains such information on an Web site, allow
a citizen to access: (a) the budget for the current fiscal year; (b) any proposed budget for a
subsequent fiscal year being considered by the city; (c) the most recent annual financial
report published by the city; (d) the most recent annual financial exhibit and monthly
financial report as provided under the bill; (e) any other financial report, statement, or exhibit
prepared by the city; and (f) each current check registry published by the city; (3) require that
the Internet portal allow a user to access property tax information, including the Web site for
an appraisal district and a table of the applicable property tax rates (maintenance and
operations tax rate, effective tax rate, rollback tax rate, internet and sinking fund tax rate, and
total tax rate) for each city in the state; (4) require the assessor for each taxing unit to provide
tax rate information to the comptroller no later than October 31, or 30 days after the date the
taxing unit adopts a tax rate for that tax year; (5) require the budget officer in a city with a
population of 100,000 or more to publish in a newspaper and on a Web site (if maintained by
the city) an exhibit that shows: (a) the aggregate amount paid from each fund for the four
preceding quarters and the balance to the debit or credit of each fund; (b) the amount of
municipal indebtedness; (c) the respective dates of accrual of that indebtedness; (d) to whom
the debt is owed; (e) the reason for the debt; and (f) the amount to the debit or credit of each
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officer or other person with whom an account is kept in the municipal finance records; and
(6) require the budget officer in a city with a population of 100,000 or more to publish in a
newspaper and on a Web site (if maintained by the city) a monthly report on the financial
condition of the city that includes: (a) all of the facts of interest related to the financial
condition of the municipality; (b) a consolidated balance sheet; (c) a complete statement of
the balances on hand at the beginning and end of the month; (d) a statement of the aggregate
receipts and disbursements of each fund; (e) a statement of transfers to and from each fund;
(f) a statement of the bond and warrant indebtedness with corresponding rates of interest; and
(g) a summarized budget statement that shows the expenses paid from the budget, any
encumbrances against the budgets, and the amounts available for further expenditures.
H.B. 1154 (Walle) – Eight Liners: would: (1) authorize the comptroller to assess a penalty
between $50 and $2,000 against an owner or operator of a coin-operated machine who is
convicted, in relation to owning or operating the machine, of keeping a gambling place or
possessing a gambling device, equipment, or paraphernalia; (2) provide that in a suit to
recover the penalty, the comptroller or attorney general may recover reasonable expenses; (3)
authorize a city to assess a civil penalty against an owner or operator of a coin-operated
machine who is convicted, in relation to owning or operating the machine, of keeping a
gambling place or possessing a gambling device, equipment, or paraphernalia; (4) authorize a
city to sue to collect the civil penalty and, in the suit, recover reasonable expenses; and (5)
allow a person assessed a civil penalty to request a hearing in accordance with applicable city
hearing procedures.
H.B. 1163 (Elkins) – Police Tuition Exemption: would provide for tuition and fee
exemptions for certain police officers enrolled in college classes related to law enforcement
or criminal justice.
H.B. 1164 (Keffer) – Engineering: would prohibit the Texas Board of Professional
Engineers from taking any enforcement action or imposing an administrative penalty for a
violation of the Engineering Practices Act on a political subdivision of the state or a public
official or employee of the state or of a political subdivision of the state who is not licensed
under the Act.
H.B. 1168 (D. Miller) – Smoke Alarms and Fire Extinguishers: would make several
changes to the law regarding smoke alarms and fire extinguishers in residential rental units,
including that: (1) a local ordinance could not require that a smoke alarm powered by
alternating current, rather than battery, be installed in a dwelling unit built before September
1, 1987, unless: (a) the interior of the unit is repaired, remodeled, or rebuilt at a projected
cost of more than $5,000 and requires a building permit; or (b) an addition occurs to the unit
at a projected cost of more than $5,000; and (2) if a dwelling unit was occupied as a
residence before September 1, 2011, or a certificate of occupancy was issued before that
date, a smoke alarm may be powered by battery, alternating current, or other power source
and is not required to be interconnected with other smoke alarms but that the alarm must
comply with any local ordinance in effect at the time the unit was first occupied or a
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certificate of occupancy was issued requiring the alarm be powered by alternating current or
other power source.
H.B. 1175 (Workman) – City Council Elections: would: (1) require the city council of a
city with a population of 500,000 or more to consist of a mayor elected at large and at least
six members elected from single-member districts; and (2) require, among other things, that
the single-member districts be compact, consist of contiguous territory, and be of equal
population. (Companion bill is S.B. 380 by Wentworth.)
H.B. 1178 (Flynn) – Personnel: would: (1) make it an unlawful employment practice for
an employer, including a city, to terminate or not rehire an individual based on their service
in the state militia; and (2) provide a procedure under which the Texas Workforce
Commission reviews complaints regarding an alleged unemployment practice under the bill.
H.B. 1181 (Deshotel) – Department of Rural Affairs: would abolish the Texas Department
of Rural Affairs and transfer its functions to the Texas Department of Housing and
Community Affairs, Department of State Health Services, and Department of Agriculture.
H.B. 1183 (Raymond) – Eight Liners: would: (1) authorize a commissioners court and – in
some instances – a city, to order, on proper petition, a local option election to legalize or
prohibit the operation of eight-liners; and (2) authorize the imposition of a fee on eight-liner
owners and provide for the allocation of the fee revenue as follows: (a) thirty percent to the
state’s general revenue fund; and (b) seventy percent to a city in which the eight-liner is
located.
H.B. 1184 (Legler) – Property Tax: would reduce the property tax appraisal cap from ten
to five percent, and apply the five percent cap to all property, not just to residential
homesteads. (Note: please see H.J.R. 87, below.)
H.B. 1192 (Castro) – Mandated Health Benefit: would require a group health benefit plan
to provide coverage for serious emotional disturbance and serious mental illness of a child.
H.B. 1194 (Zerwas) – Child Abuse/Neglect Investigations: would change requirements as
to investigations and procedures with respect to allegations of child abuse and neglect,
including: (1) an entity receiving a report of abuse or neglect shall maintain each report until
the second anniversary of the date the entity receives the report; (2) an investigation that
includes an examination of the subject child or a child in the house may not include a
medical, psychological, or psychiatric exam unless the parent or guardian consents but that a
Department of Family and Protective Services official can seek emergency medical attention
for a child before a representative of a law enforcement agency arrives at the investigation;
and (3) the standards for persons who investigate suspected child abuse and neglect at the
local level shall provide procedures to preserve audio records, email, and other evidence until
the second anniversary of the later of the date the evidence is created or date of a final
judgment.
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H.B. 1200 (McClendon) – Law Enforcement: would require: (1) a city peace officer to
whom a violation is reported involving the alleged photography or visual recording of certain
payment card or sight order information or related offense to make a written report to the
police department that includes the name of the victim, the name of the suspect, the type of
information captured or transferred, and the results of any information; and (2) the police
department to provide the report created to the victim.
H.J.R. 82 (P. King) – Property Tax: would amend the Texas Constitution to permit the
legislature to limit the maximum appraised value of commercial or industrial real property
for ad valorem tax purposes to the lesser of: (1) the most recent market value of the property
as determined by the appraisal entity; or (2) 110 percent or a greater percentage of the
appraised value of the property for the preceding tax year. (Note: please see H.B. 1079,
above.)
H.J.R. 83 (Paxton) – Property Tax: would amend the Texas Constitution to permit the
legislature to extend the ten-percent appraisal cap to business property. (Note: please see
H.B. 1104, above.)
H.J.R. 84 (Larson) – Transportation Funding: would amend the Texas Constitution to
provide that, subject to legislative appropriation, allocation, and direction: (1) three-fourths
of the net revenue that is remaining after payment of all refunds allowed by law and expenses
of collection that is derived from taxes on motor fuels and lubricants used to propel motor
vehicles over public highways – and on new and used motor vehicle tires and new and used
motor vehicle part – shall be used for the sole purpose of constructing and maintaining public
highways; and (2) one-fourth of the net revenue shall be allocated to the available school
fund. (Please see H.B. 1131, above.)
H.J.R. 86 (Murphy) – Immigration: would amend the Texas Constitution to provide that a
person taken into custody for committing a felony shall be denied release on bail pending
trial if a judge or magistrate, following a hearing, determines that the person is not a citizen
or national of the United States and is not lawfully present in United States.
H.J.R. 87 (Legler) – Property Tax: would amend the Texas Constitution to reduce the
property tax appraisal cap from ten to five percent, and apply the five percent cap to all
property, not just to residential homesteads. (Note: please see H.B. 1184, above.)
S.B. 504 (Davis) – Electric Utility Rates: would add school districts and charter schools to
the current list of entities that are entitled to a discounted rate for electric service provided by
an electric utility or a municipally owned utility.
S.B. 513 (Ellis) – Transportation: this bill is the same as H.B. 1105, above.
S.B. 515 (Patrick) – Mandated Health Benefits: would prohibit the issuance of a penalty
for an individual who refuses to enroll in a health benefit plan.
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S.B. 516 (Patrick) – Property Tax: would provide a complete residence homestead
property tax exemption for the surviving spouse of a totally disabled veteran that has not
remarried since the death of the disabled veteran. (Note: please see S.J.R. 21, below.)
S.B. 519 (Hegar) – Municipal Court: would extend the period after the rendition of
judgment and sentence in municipal court during which a motion for new trial must be made
to five days.
S.B. 520 (Hegar) – County Assistance Districts: this bill is the same as H.B. 1107, above.)
S.B. 521 (Carona) – Mandated Health Benefits: would prohibit a health benefit provider
from dropping an enrollee because the enrollee uses an out of network doctor.
S.B. 523 (Nichols) – Transportation Funding: would provide that, beginning in ten percent
increments in 2013 and being complete in 2022, the net revenue derived from the state sales
tax imposed on the sale of a motor vehicle sold in this state shall be deposited to the credit of
the state highway fund. (Note: Please see S.J.R. 22, below.)
S.B. 527 (Fraser) – Air Quality: This bill is the same as H.B. 1145, above.)
S.B. 531 (Davis) – Sobriety Checkpoints: would authorize sobriety checkpoints by the
Texas Department of Public Safety, the sheriff's department of a county with a population of
250,000 or more, or the police department of a city with a population of 500,000 or more;
and (2) provide detailed guidelines for checkpoint operations, including – among many
others – requirements that: (1)the mayor of a city approve a checkpoint operated by the
police department of the city; (b) the law enforcement agency record in writing and publish
on an appropriate publicly accessible Internet Web site the procedures used to implement the
bill; (c) before beginning the operation of a sobriety checkpoint, the law enforcement agency
shall publicize through the use of the media the date and time for the operation of the
checkpoint but is not required to disclose the location of the checkpoint; and (d) not later
than January 15 of each calendar year, each law enforcement agency that operated a sobriety
checkpoint during the preceding calendar year shall report the operation of the checkpoint to
the traffic safety section of the traffic operations division of the Texas Department of
Transportation. (Companion bill is H.B. 439 by T. Smith.)
S.B. 536 (Davis) – Law Enforcement: would require a city peace officer who acts as a
school resource officer under a memorandum of understanding between the school district
and the city to comply with the use of confinement, restraint, seclusion, and time-out
provisions outlined in the Education Code.
S.B. 538 (Nichols) – Transportation Reinvestment Zones: would amend the law relating
to transportation reinvestment zones (TRZs) to provide that: (1) an ordinance designating an
area as a TRZ must, among other things, designate the base year for purposes of establishing
the tax increment base of the municipality; (2) from taxes collected on property in a TRZ, the
city shall pay into the tax increment account the tax increment produced by the city, less any
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amount allocated under previous agreements; (3) all, or the portion specified by the city, of
the money deposited to a tax increment account must be used to fund the transportation
project for which the TRZ was designated, and any remaining money deposited to the tax
increment account may be used for other transportation projects or for improvements in the
TRZ; (4) the governing body of a city may contract with a public or private entity to develop,
redevelop, or improve a transportation project in a TRZ and may pledge and assign all or a
specified amount of money in the tax increment account to that entity; (5) to accommodate
changes in the scope of the project for which a TRZ was designated, the boundaries of a zone
may be amended, with certain exceptions; and (6) county TRZ authority is expanded.
S.B. 540 (Van de Putte) – Property Tax: would: (1) require the comptroller to study the
fiscal impact that would have been created during the preceding ten years by the adjustment
of the maximum amount of the exemption to which a disabled veteran and the surviving
spouses and children of disabled veterans, and certain members of the armed forces, are
entitled; and (2) require a local government to provide information and assistance at the
request of the comptroller.
S.B. 541 (Carona) – Cruelty to Animals: would provide that when an animal’s owner has
cruelly treated the animal and been divested of ownership: (1) a court could order the animal
to be given to a city or county animal shelter; (2) a court must order the owner to pay any
costs incurred by a city or county animal shelter in housing and caring for the animal; (3) a
court must set the amount of bond for an appeal to include the estimated costs to house and
care for the impounded animal as provided by the city, county, or a nonprofit; (4) an officer
that is unable to sell the animal at auction may give the animal to a city or county animal
shelter; and (5) the owner may appeal the divestment order and the court shall provide either
a transcript, clerk’s record, or audio recording of the proceedings, depending upon whether
the court is or is not a court of record. (Companion bill is H.B. 963 by Hartnett.)
S.B. 542 (Hegar) – Police Chief Trainning: would provide that a police chief shall
complete the initial training and continuing education required under the Texas Education
Code. (Companion bill is H.B. 621 by Fletcher.)
S.B. 543 (Hegar) – Probate: would prohibit the charging of certain probate fees for the
filing of the will of an officer killed in the line of duty.
S.B. 545 (Seliger) – Police Education: would: (1) require a police chief to indicate that an
officer was terminated when filing a report to the Texas Commission on Law Enforcement
Officer and Education; (2) allow an officer to dispute a report stating that the officer was
terminated in an appeal to the State Office of Administrative Hearings; and (3) allow the
Commission to assess an administrative penalty against a police chief who fails to make a
correction to an employment termination report after being ordered to do so by the State
Office of Administrative Hearings. (Companion bill is H.B. 520 by Driver.)
S.B. 549 (Ellis) – TCEQ Permits: would require an applicant for certain new facility or
expansion of facility permits to, depending on the location of the facility in community with
Town Council 184 of 202 Meeting Date: February 24, 2011
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certain percentages of minority inhabitants or inhabitants below the federal poverty level to:
(1) submit an environmental justice report to the Texas Commission on Environmental
Quality (TCEQ); (2) file a public participation plan with the TCEQ, (3) if within city limits,
consult with the mayor to evaluate the need for a community environmental benefit
agreement in order to mitigate adverse effects on the community; and (4) participate in a
public hearing.
S.B. 551 (Williams) – Property Tax: would provide that back taxes assessed on an
improvement to real property do not incur interest if: (1) the property on which the
improvement is located did not escape taxation in the year the improvement escaped
taxation; (2) the appraisal district had actual or constructive notice of the presence of the
improvement the year the improvement escaped taxation (constructive notice can be acquired
if building permit is issued for an improvement); and (3) the property owner pays all back
taxes on the improvement within 120 days of when the tax bill for back taxes on
improvement is sent to property owner. (Companion bill is H.B. 234 by Otto
.)
S.B. 552 (Carona) – Energy Efficiency: would, among many other things: (1) establish the
state-level Energy Efficiency Coordination Council (EECC); (2) provide that the EECC shall
coordinate with state agencies, utility providers, energy efficiency service providers, and
other organizations and persons to develop and administer energy efficiency programs; (3)
require the EECC to set statewide savings targets for electricity, natural gas, and electric
consumption that results from the diversion, transportation, delivery, treatment, or
purification of water, wastewater, and storm water to reduce peak demand and overall
demand for the resources by at least 20 percent not later than 2020 compared to the peak
demand and overall demand for the resources in 2011; (4) require the EECC to establish a
standing advisory committee composed of 15 members, including representatives from local
government and ratepayers from municipally owned utilities; (5) provide that the advisory
committee shall make recommendations to the EECC regarding the effect of energy
efficiency programs and creating or improving energy efficiency programs to better serve
those interests; (6) require the EECC to: (a) collect information regarding energy savings and
demand reduction by reviewing energy efficiency programs in the state; and (b) submit the
information collected to the Energy Systems Laboratory at the Texas Engineering
Experiment Station of The Texas A&M University System, the State Energy Conservation
Office, and the Electric Reliability Council of Texas; (7) provide that each state agency,
utility provider, and energy efficiency service provider shall submit information required by
the EECC in an electronic format and within the time required; and (8) create fines for an
entity that does not submit required information.
S.B. 555 (Watson) – LP Gas: would: (1) provide that an LP gas utility is a person that owns
or operates for compensation in this state equipment and facilities connected to a contiguous
piping system through which LP gas is supplied to residential and commercial end users; and
(2) subject an LP gas utility to the jurisdiction of the Texas Railroad Commission. (Note:
This bill would appear to preempt municipal regulation of LP gas utilities. Any city that
regulates LP gas utilities within its city limits should review the bill carefully.)
Town Council 185 of 202 Meeting Date: February 24, 2011
16
S.J.R. 21 (Patrick) – Property Tax: would amend the Texas Constitution to permit the
legislature to provide a complete residence homestead property tax exemption for the
surviving spouse of a totally disabled veteran that has not remarried since the death of the
disabled veteran. (Note: please see S.B. 516, above.)
S.J.R. 22 (Nichols) – Transportation Funding: would amend the Texas Constitution to
provide that: (1) beginning in increments in 2013 and being complete in 2022, the net
revenue derived from the state sales tax imposed on the sale of a motor vehicle sold in this
state shall be deposited to the credit of the state highway fund and may be appropriated only
for the purpose of: (a) acquiring rights-of-way; (b) constructing and maintaining public
roadways; or (c) repaying the principal and interest on general obligation bonds; and (2)
number 1, above, does not apply to any revenue that was required to be used to fund school
property tax reductions. (Note: Please see S.B. 523, above.)
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 186 of 202 Meeting Date: February 24, 2011
1
February 18, 2011
Number 7
MORE ON THE STATE BUDGET
The overarching issue in the early days of this legislative session has been the state budget.
What relatively little money cities currently get from the state may be dramatically cut. (One
example of the cuts, a reduction in the amount of the city share of the mixed drink alcoholic
beverage tax, was discussed at a recent hearing before the Senate Finance Committee. Go to
http://www.wwwebinars.com/LUVideo/LUVideo1.swf to listen to a short portion of that
hearing, during which legislators question the ease with which they can “sweep” the city
portion of that tax into state coffers.)
In light of the proposed cuts, city officials must keep perspective. The state’s budget deficit
is so vast that it is a virtual certainty cities will face funding cuts. Far worse, however, would
be legislation that requires cities to maintain current service levels in the state programs that
are being cut (unfunded mandates), or that would limit the ability of cities to fund such vital
services as police, fire, streets, and trash collection (artificial revenue restrictions).
The vast majority of our efforts must be to prevent these mandates and/or revenue
restrictions. This doesn’t mean that city officials shouldn’t speak out against the proposed
cuts; they should. But, more importantly, cities should insist that they be allowed to handle
those cuts as they deem necessary and continue to provide essential services as each
community sees fit.
Town Council 187 of 202 Meeting Date: February 24, 2011
2
To ensure that the legislators who prepare the state budget are aware of exactly what the
proposed cuts would do to cities, the League prepared and submitted testimony in the form of
letters to the Senate Finance Committee and the House Appropriations Committee. To view
those letters, click on the following links:
http://www.tml.org/leg_updates/housebudgetletter.pdf
http://www.tml.org/leg_updates/senatebudgetletter.pdf
PRESIDENT INTRODUCES FEDERAL BUDGET THAT
INCLUDES CDBG CUTS
President Obama officially released his FY 2012 budget proposal on Monday, February 14.
The budget recommends cutting funding for many domestic discretionary programs,
including the previously-announced $300-million cut to the Community Development Block
Grant (CDBG) program. Release of the President’s budget marks the beginning of the
negotiation process on federal spending between the White House and house and senate
leaders, and will play out over the next several months.
Given the tremendous pressure from the White House and House Republicans to cut
spending for programs like CDBG, the National League of Cities (NLC) is already
coordinating its advocacy efforts to save CDBG with the U.S. Conference of Mayors, the
National Association of Counties, and other national community development organizations,
and is meeting with White House officials and congressional members to urge their support
for this program, which is essential to job creation and economic recovery efforts in
hometowns across America.
(Note: This is a condensed version of a National League of Cities update and is reprinted
with NLC’s permission.)
WHAT’S YOUR AREA OF EXPERTISE OR INTEREST?
JOIN YOUR FAVORITE E-LIST
The TML staff is gathering e-mail addresses from city officials (elected or appointed) who
are willing to provide testimony during the 2011 legislative session, want to be kept “in the
loop” on certain subject matters, or are willing to simply provide their perspective on a
particular legislative matter.
If you would like to participate in this E-List project, simply go to
http://www.tml.org/genform/E-List.asp and fill out the online form. If you have any
questions, please contact JJ Rocha at jj@tml.org or 512-231-7400.
Town Council 188 of 202 Meeting Date: February 24, 2011
3
SIGNIFICANT COMMITTEE ACTION
S.B. 44 (Zaffirini), relating to the detention and transportation of a person with a mental
illness. As voted from the Senate Committee on Health and Human Services, the bill would:
(1) give a peace officer who takes a person into custody without a warrant because the officer
believes the person is mentally ill and may harm himself the option of transporting the
person to a medical or other facility that the local mental health authority deems suitable; (2)
establish that a jail or facility used to detain persons charged with crimes is not a facility
suitable for a person believed to be mentally ill or held under a protective custody order
unless other suitable facilities are unavailable or more than 75 miles away; (3) allow the
detention of a person believed to be mentally ill or held under a protective order in a jail for
no longer than 12 hours and require the officer responsible for the jail to document when the
detention begins, how long it lasts, the reason for detention, and the time a representative of a
local mental health authority arrives at the facility; (4) prohibit detaining a person believed to
be mentally ill or person held under protective custody order with a person charged or
convicted of a crime; and (5) allow restraint of a detained or committed patient only during
apprehension, detention, or transport of the patient and require that the patient be able to sit
in an upright position without undue difficulty.
CITY-RELATED BILLS FILED
H.B. 1202 (Riddle) – Immigration: would make it a criminal offense to employ or
contract with an undocumented immigrant, unless the employment is by the owner of a
single family residence to perform work on the residence.
H.B. 1203 (Harper-Brown) – School Buses: would: (1) generally prohibit the idling of
a school bus with a diesel engine while the bus is at a school or in a school crossing zone;
and (2) authorize a local authority to enforce the prohibition.
H.B. 1207 (S. Davis) – Child Abduction Prevention: would establish the Uniform
Child Abduction Prevention Act and provide, among other things, that: (1) in order to
prevent an imminent child abduction, a court may direct law enforcement to take any
action reasonably necessary to locate a child, obtain return of a child, or enforce a
custody determination; and (2) a court may issue an ex parte warrant that directs law
enforcement officers to take physical custody of a child and, if necessary, forcibly enter
private property at any hour.
H.B. 1215 (McClendon) – Unauthorized Acquisition or Transfer of Financial
Information: would: (1) create the offense of unauthorized acquisition or transfer of
certain financial information; (2) require a peace officer to make a written report to the
law enforcement agency that employs the officer of an alleged offense described in (1),
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4
above; and (3) require the law enforcement agency to provide the report to the victim, if
requested.
H.B. 1219 (Miles) – Employee Leave: would: (1) require an employer to give an
employee up to 30 days of unpaid leave with benefits to handle issues related to family
violence against the individual or the individual's child; (2) require an employee to take
any accrued paid leave first; (3) require an employer to post notice of the rights given to
employees by this law; (4) make information related to the purpose of the unpaid leave
confidential; and (5) prohibit retaliation for use of this unpaid leave.
H.B. 1223 (Workman) – Water and Sewer Utilities: would: (1) require a small water
or sewer utility that is not owned by a city or water or sewer supply corporation to make a
change in its rates by holding an election via ballots mailed to ratepayers; (2) outline the
procedures for such an election; (3) prohibit the utility from recovering costs incurred
from a rate appeal by the utility if the majority of votes were against a rate increase; and
(4) restrict how often such an election may be held.
H.B. 1231 (Hopson) – Volunteer Fire Departments: would exempt certain volunteer
fire department facilities in counties with a population of 80,000 or less from certain
engineering-related construction requirements. (Companion bill is H.B. 1092 by
Christian.)
H.B. 1233 (Gonzalez) – State Traffic Fine: would increase the amount of the “state
traffic fine” on convictions in municipal court from $30 to $45.
H.B. 1239 (Zedler) – Day Labor Centers: would prohibit a local governmental entity,
including a city, from using public money to construct or operate a day labor center used
for the purpose of facilitating the knowing employment of a person who is not a citizen,
legal permanent resident, qualified alien, or nonimmigrant lawfully present in the United
States.
H.B. 1242 (Geren) – Metal Recycling: would, among other things, provide that a peace
officer who has reasonable suspicion to believe that an item of crafted precious metal in
the possession of a dealer is stolen may place the item on hold by issuing to the dealer a
written notice containing certain information.
H.B. 1249 (Callegari) – Civil Service: would: (1) repeal various requirements for the
attorney general to report, communicate, and publish certain information; and (2) repeal
the requirement that a department head for a police or fire department operating under
civil service must file with the attorney general a statement describing a criminal
investigation if the department head intends to order an indefinite suspension of an
officer or firefighter who is under felony indictment or misdemeanor complaint.
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H.B. 1250 (Frullo) – Facsimile Signatures: would: (1) allow an authorized officer of a
city of 200,000 or more to execute a public security, an instrument of payment, a
certificate of assessment, and certain contracts with the officer’s facsimile signature
rather than a manual signature; and (2) authorize a facsimile signature on a health and
safety lien statement. (Companion bill is S.B. 577 by Duncan.)
H.B. 1261 (Thompson) – Municipal Court: would increase the amount of the local
option municipal court technology fee to $5.
H.B. 1272 (D. Miller) – Immigration: would require an employer, including a city, to
enroll in and use the federal E-Verify Program.
H.B. 1273 (Workman) – LP Gas: would: (1) provide that an LP gas utility is a person
that owns or operates for compensation in this state equipment and facilities connected to
a contiguous piping system through which LP gas is supplied to residential and
commercial end users; and (2) subject an LP gas utility to the jurisdiction of the Texas
Railroad Commission. (Note: This bill would appear to preempt municipal regulation of
LP gas utilities. Any city that regulates LP gas utilities within its city limits should
review the bill carefully.)
H.B. 1275 (Harless) – Immigration: would: (1) prohibit an employer, including a city,
from knowingly employing an undocumented immigrant; (2) penalize a city by revoking
any government license it holds if it knowingly employs an undocumented immigrant; (3)
allow individuals to file complaints if they have reason to believe the city is employing
an individual who is an undocumented immigrant; (4) require a licensing authority,
including a city, to suspend any license issued to a person found to have knowingly
employed an undocumented immigrant; and (5) allow a licensing authority, including a
city, to charge a fee to a person whose license is suspended under this law.
H.B. 1276 (Guillen) – Transportation Funding: would provide that: (1) a peace officer
who stops a motor vehicle for an alleged violation of a law or ordinance shall report to
the law enforcement agency that employs the officer information relating to the stop,
including among other things the race or ethnicity of each passenger in the motor vehicle,
as stated by the passenger or, if the passenger does not state the person’s race or ethnicity,
as determined by the officer to the best of the officer’s ability; and (2) the Texas
Department of Transportation shall work and plan with local transportation planning
entities to maximize the amount of federal funding awarded for projects in the state by
identifying and pursuing projects that are eligible for federal grant programs, including
the scenic byways program.
H.B. 1282 (Kleinschmidt) – Property Tax: would provide that the chief appraiser of an
appraisal district is elected rather than appointed.
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H.B. 1283 (Craddick) – Procurement: would provide that – for a contract of less than
$500,000 – a city may, when purchasing any real property, personal property, or services
other than construction services, give preference to a local bidder that is within five
percent of the lowest bid price if certain conditions are met. (Companion bill is S.B. 640
by Seliger.)
H.B. 1284 (Menendez) – Affordable Housing: would, among other things, transfer of
the powers, duties, and programs of the Texas State Affordable Housing Corporation to
the Texas Department of Housing and Community Affairs, including provisions relating
to providing grants, supportive housing services, and housing retention services to
support services offered to homeless persons by political subdivisions, housing finance
corporations, for-profit corporations, and nonprofit organizations.
H.B. 1285 (Kleinschmidt) – Property Tax: would require the holder of mineral
property to obtain a tax certificate from the collector for each taxing unit that taxes the
mineral interest, and pay the taxing unit the delinquent taxes, penalties, interest, and other
costs due to the taxing unit out of the mineral proceeds that are presumed to be
abandoned.
H.B. 1287 (Villarreal) – Property Tax: would change the amount of interest that a city
making a refund of property taxes following a judicial proceeding must pay from eight
percent to an annual rate that is equal to the auction average rate quoted on a bank
discount basis for three-month treasury bills issued by the federal government.
H.B. 1292 (Coleman) – Mandated Health Benefit: would generally require health
benefit plans to cover the treatment of anorexia nervosa, bulimia nervosa, and other
eating disorders.
H.B. 1297 (Paxton) – Immigration: would: (1) provide that a city may not adopt a rule,
policy, or ordinance, or follow a practice, that requires a peace officer to violate a state or
federal criminal law; and (2) provide that a city may enter into an agreement with United
States Immigration and Customs Enforcement (ICE) to train and authorize city police
officers to perform the functions of an immigration officer; (3) provide that if a city
enters into such an agreement, the agreement: (a) cannot require a peace officer to violate
state racial profiling law; and (b) must require a peace officer to comply with state
reporting requirements for motor vehicle stops; and (3) allow a city to request funds from
the criminal justice division of the governor’s office for expenditures incurred by the city
in connection with an agreement with ICE.
H.B. 1302 (Larson) – Texas Energy and Communications Commission: would
provide that, on January 1, 2012, the Railroad Commission of Texas is reestablished as
the Texas Energy and Communications Commission (TECC), and that the powers, duties,
obligations, rights, contracts, records, employees, property, funds, and appropriations of
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the Public Utility Commission of Texas are transferred to the TECC on September 1,
2012.
H.B. 1308 (Villarreal) – Taxes: would create a “select commission on periodic tax
review” and charge the commission with periodically reviewing all state and local taxes
and other revenue sources and making recommendations as to whether the taxes or
revenue sources should be continued or repealed.
H.B. 1309 (Craddick) – Sexting: would: (1) create the offense of electronic
transmission of certain visual material depicting a minor; (2) provide that is an
affirmative defense to prosecution of the offense described in (1), above, if the defendant,
among other things, reports receipt of the material to a law enforcement agency not later
than 48 hours after receiving the visual material from another minor; (3) create various
education programs concerning the prevention and awareness of the offense described in
(1), above; and (4) require certain courts, including a municipal court, to order a
defendant guilty of the offense described in (1), above, to attend and complete an
educational program about the consequences of the offense and require the defendant or
the defendant’s parent to pay the cost of the program if financially able.
H.B. 1317 (Naishtat) – Property Tax: would provide that, for sales tax purposes, there
is a rebuttable presumption that a retailer is engaged in business in this state if the
retailer: (1) enters into an agreement with a Texas resident under which the resident
receives a commission or other consideration for the referral of potential customers by
any means, including by a link on an Internet Web site; and (2) received at least $10,000
during the previous four calendar quarters in cumulative gross receipts from sales to
consumers located in Texas who were referred to the retailer by an agreement under (1),
above.
H.B. 1319 (Laubenberg) – Water Conservation: would: (1) require the Texas Water
Development Board and Texas Commission on Environmental Quality to consult with
the Water Conservation Advisory Council to develop uniform methodology and guidance
for calculating and reporting municipal water use and conservation; and (2) require all
municipal water utilities to use the system in developing water conservation plans and
preparing reports required by the Water Code.
H.B. 1321 (Allen) – Mandated Health Benefit: would extend required health benefit
coverage for autism from 9 years of age to 17 years of age.
H.B. 1328 (Raymond) – TCLEOSE: would require the Texas Commission on Law
Enforcement Standards and Education to create a voluntary training program on the use
of electromagnetic pulse devices (an EMP device is used to disable a fleeing suspect’s
engine in a police chase) for police officers.
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H.B. 1336 (Allen) – School Bus: would: (1) authorize a school district to implement a
school bus monitoring system that records images, including images of vehicles that pass
a stopped school bus; and (2) allow for the imposition of a civil penalty for such
violation.
H.B. 1353 (Elkins) – Speed Limits: would: (1) increase the speed to 75 miles per hour
on state and interstate highways regardless of the type of vehicle or time of day; (2) allow
a speed limit of 60 miles per hour on non-urban highways and other roads regardless of
time of day; (3) require all speed limits to be the same regardless of the time of day; and
(4) repeal lower speed limits for trucks.
H.B. 1354 (S. Davis) – City Building Inspectors: would grant certified city building
inspectors immunity from civil damages, including personal injury, wrongful death,
property damage, or other loss arising from services provided by the inspector during an
emergency.
H.B. 1360 (Coleman) – County Sign Authority: would give a county the authority to
prohibit new off-premise signs in the unincorporated areas of the county.
H.B. 1365 (Callegari) – Red Light Cameras: would require that signs installed at an
intersection alerting drivers to the presence of a photographic traffic monitoring system
or photographic traffic signal enforcement system: (1) may not be located more than 750
feet from the intersection; (2) must have affixed a flashing yellow circular beacon; and
(3) must comply with design and size requirements established by the Texas Department
of Transportation.
H.B. 1372 (Christian) – Housing Authority: would repeal the requirement to appoint a
tenant to the position of commissioner in a municipal housing authority if: (1) the
housing authority has less than 300 units; and (2) certain other conditions are met.
H.B. 1375 (Bohac) – Immigration: would: (1) prohibit a city from adopting a policy
under which the city’s police department or other city officials would not fully enforce
state or federal laws relating to immigration; (2) allow the attorney general to file suit to
compel a governmental entity to fully enforce immigration laws; and (3) allow the
attorney general to recover reasonable expenses incurred enforcing this law. (Companion
bill is H.B. 247 by Solomons.)
H.B. 1376 (Bohac) – Junked Vehicles: would rephrase the definition of “junked
vehicle” in state law to include vehicles that: (1) display an expired license plate or
invalid inspection sticker; or (2) do not display any license plate or inspection sticker.
H.B. 1377 (V. Taylor) – Motor Vehicle Stops: would: (1) authorize a peace officer
who makes a motor vehicle stop to request and obtain: (a) one digital fingerprint from
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each hand of the vehicle’s operator if the person fails to provide a driver’s license, a
passport, or other form of photographic identification; and (b) an ink fingerprint if the
operator fails to provide identification described in (a) and the officer issues a citation;
(2) authorize a law enforcement agency to maintain the fingerprint beyond the duration of
the stop if the person is cited or arrested during or as a result of the stop; (3) require
discard of the fingerprint after the charge is dismissed, the person is acquitted, or the
person is convicted of an offense punishable by fine; (4) require a court to notif y
fingerprint custodians after disposition of a defendant’s case; and (5) allow an officer to
obtain fingerprints through a person’s voluntary compliance with the officer’s request or
other lawful means.
H.B. 1382 (Bohac) – Immigration Status: would: (1) require a law enforcement
agency that arrests or has custody of a person to have the person’s immigration status
verified not later than 48 hours after the arrest and before the person is released on bond;
and (2) if United States Immigration and Customs Enforcement (ICE) does not have the
result of the immigration status verification, notify ICE if the verification reveals that the
person is not a citizen or national of the United States and is unlawfully present in the
United States.
H.J.R. 93 (Christian) – Property Tax: would amend the Texas Constitution to exempt
the total appraised value of residential real property from property taxes.
S.B. 572 (Nichols) – Certificates of Convenience and Necessity: would: (1) broaden
the group of landowners required to be listed in an application for a certificate of
convenience and necessity (CCN); (2) broaden the group of landowners to whom notice
of a CCN application must be mailed; (3) require the Texas Commission on
Environmental Quality (TCEQ) to create a form that must be used to provide notice to
landowners; (4) require the express consent of the owner of a tract of land that is at least
ten acres, any part of which in included in the proposed area of the CCN, before any part
of the land may be included in the CCN; and (5) in a city larger than 500,000 population
(or in that city’s ETJ), an owner of a tract of land of more than ten acres may be included
without consent, but retains the right to contest the inclusion at a public hearing held by
the TCEQ.
S.B. 573 (Nichols) – Certificates of Convenience and Necessity: would: (1) broaden
the group of landowners eligible for expedited release from a certificate of convenience
and necessity (CCN); and (2) broaden the situations in which a landowner could petition
for expedited release from a CCN.
S.B. 574 (Van de Putte) – Mandated Health Benefit: would require coverage of serious
emotional disturbance of a child by group health benefit plans.
S.B. 577 (Duncan) – Facsimile Signatures: this bill is the same as H.B. 1250, above.
Town Council 195 of 202 Meeting Date: February 24, 2011
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S.B. 578 (Fraser) – Municipal Court: would require a municipal court to take certain
steps and make certain provisions for witnesses testifying in a case.
S.B. 582 (Harris) – Property Tax: would allow a city to serve notice of delinquent
property taxes to a domestic or foreign limited liability company whose right to transact
business in the state was forfeited by the comptroller, or on a limited liability company
that was involuntarily terminated or had its registration revoked.
S.B. 589 (Uresti) – Property Tax: would: (1) clarify that only a citizen of the United
States is eligible to serve on an appraisal review board; (2) provide that appraisal review
board members are appointed by the local administrative district judge in the county in
which the appraisal district is established; and (3) provide that members of a consolidated
appraisal review board are appointed jointly by the local administrative district judges in
the counties in which the appraisal districts that are parties to the contract are established.
(Companion bill is H.B. 1088 by C. Howard.)
S.B. 592 (Pitts) – State Auditor: would authorize the state auditor to perform an audit
of any local governmental entity or political subdivision that received funding under the
American Recovery and Reinvestment Act of 2009. (Companion bill is H.B. 593 by
Pitts.)
S.B. 600 (Rodriguez) – Immigration Status: would prohibit a peace officer from
inquiring about the nationality or immigration status of a victim or witness to a criminal
offense, except as necessary to investigate the offense.
S.B. 602 (Rodriguez) – Public Information: would: (1) authorize a governmental body
to redact certain motor vehicle record information without the necessity of requesting a
decision from the attorney general; (2) authorize a governmental body to redact a credit
card, debit card, charge card, or access device number without the necessity of requesting
a decision from the attorney general; (3) make a public information request that is
modified in response to the requirement of a deposit or bond a separate request that is
considered received on the date the governmental body receives the modified request;
and (4) provide that if a governmental body receives a written request by mail and cannot
establish the actual date of receipt, the written request is considered to be received on the
third business day after the date of the postmark.
S.B. 608 (Rodriguez) – Fireworks: would: (1) authorize a county to impose a fee on a
person who sells fireworks in the unincorporated area of the county; and (2) make the
explosion or ignition of a firework in a public place or near a private residence a criminal
offense.
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S.B. 617 (Rodriguez) – Municipal Waste: would require a person who generates,
collects, conveys, transports, processes, stores, or disposes of municipal sewage sludge,
grit trap waste, or grease trap waste, to follow certain guidelines with regard to
recordkeeping.
S.B. 618 (Rodriguez) – Sales Tax: would exempt from sales tax the sale, use, or
installation of a solar energy device that is installed on a retail customer’s side of the
meter
S.B. 624 (Whitmire) – Driver Responsibility Program: would repeal the state driver
responsibility program.
S.B. 627 (Davis) – Property Tax: would: (1) require a taxing unit to make a payment to
the tax increment fund not later than the 90th day after the later of: (a) the delinquency
date for the unit’s property taxes; or (b) the date the city or county that created the zone
submits to the taxing unit an invoice specifying the amount the taxing unit is required to
pay into the tax increment zone; and (2) allow a county commissioners court that enters
into an agreement with a city council to also enter into an agreement with the city council
for payment into the tax increment fund on behalf of a taxing unit other than the county if
the property tax rate of the other taxing entity must be approved by the commissioners
court, or if the commissioners court is expressly required by statute to levy the ad
valorem taxes of the other entity.
S.B. 635 (Nichols) – Water Rates: would allow the executive director of the Texas
Commission on Environmental Quality (TCEQ) to establish interim rates during an
appeal of water rates to the TCEQ.
S.B. 637 (Nichols) – Water and Sewer Rates: would prohibit the ratemaking authority
(either a city or the Texas Commission on Environmental Quality) from including legal
expenses incurred by a privately owned water and sewer utility during a contested
ratemaking case or appeal in the calculation of water rates, unless the proceeding or
appeal results in the approval of the utility’s proposed rate.
S.B. 640 (Seliger) – Procurement: this bill is the same as H.B. 1283, above.
S.B. 641 (Seliger) – Property Tax: would change the amount of interest that a city
making a refund of property taxes following a judicial proceeding must pay from eight
percent to an annual rate that is equal to the auction average rate quoted on a bank
discount basis for three-month treasury bills issued by the federal government.
(Companion bill is H.B. 1090 by Gonzalez.)
S.B. 642 (Seliger) – TMRS: would: (1) allow a participating Texas Municipal
Retirement System (TMRS) city to adopt a non-retroactive flat rate Cost of Living
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12
Adjustment (COLA); (2) to comply with federal law applicable to qualified plans,
provide that 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) require that, 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. 667 (Duncan) – Groundwater: would: (1) recognize the right of a landowner to
seek and attempt to capture the groundwater that underlies the surface of the land; (2)
clarify that a recognition of such rights shall not be construed to prohibit the reasonable
regulation, preservation, and conservation of groundwater by a groundwater management
district; and (3) outline the types of limitations a groundwater conservation district would
be allowed to put on the production of groundwater.
S.B. 669 (Wentworth) – Public Information: would: (1) define “manipulation,” for
purposes of the Public Information Act, to include a search of an e-mail or text message
account and the retrieval and transfer of e-mails or text messages into a paper or other
format that can be provided to or inspected by a requestor; (2) provide that time deadlines
related to providing an itemized estimate of charges toll deadlines to request an attorney
general decision beginning on the date the itemized or updated itemized statement is
considered sent and ending on the date the governmental body receives a response; and
(3) provide that if a requestor modifies a request in response to the requirement for a
deposit or bond, the modified request is a separate request considered received on the
date the written modified request is received.
S.B. 670 (Gallegos) – Halfway Houses: would: (1) require that a private entity that
proposes to construct or operate a halfway house within 1,000 feet of a residential area,
primary school, secondary school, park, or public recreation area give written notice to a
city that includes within its boundaries all or part of the land within the 1,000 foot area;
(2) require the private entity to post an outdoor sign at the proposed location of the
halfway house indicating that a halfway house is intended to be located on the premises;
(3) authorize the private entity to operate the halfway house within the 1,000 foot area
unless local consent is denied; and (4) provide that local consent to a halfway house is
granted unless, not later than 60 days after receiving notice, the city council determines
by resolution that it is not in the best interest of the city.
S.B. 672 (Gallegos) – Air Quality: would require the Texas Commission on
Environmental Quality (TCEQ) to: (1) establish and maintain an air pollutant watch list;
(2) adopt guidelines for effects screening levels for air contaminants as determined by the
TCEQ; and (3) provide notice of certain emissions events.
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S.B. 673 (Gallegos) – Environmental Enforcement: would expand the Texas
Commission on Environmental Quality’s (TCEQ) supplemental environmental project
program by authorizing the TCEQ to approve a supplemental environmental project in
lieu of a fine that is necessary to bring the city into compliance with environmental laws,
remediate environmental harm caused by the city’s alleged violation, or that the city has
already agreed to perform under a preexisting agreement.
S.B. 677 (Gallegos) – Public Information: would authorize the imposition of a civil
penalty, not to exceed $1,000, for each violation of the Public Information Act by a
governmental body and provide that each day a violation continues is a separate
violation.
S.B. 682 (Huffman) – Criminal History Records: would: (1) entitle an appraisal
district to obtain criminal history record information from the Texas Department of
Public Safety for a person who is an applicant for appointment to the appraisal review
board; and (2) allow the appraisal district to provide the criminal history record
information to the local administrative district judge or to the appraisal review board
commissioners if they are appointed by the local administrative district judge.
S.B. 687 (Huffman) – Law Enforcement: would: (1) make various changes to the law
regarding the interception of wire, oral, or electronic communications for law
enforcement purposes; (2) provide that in order to be eligible to intercept a wire, oral, or
electronic communication in a circumstance that is not an immediate life-threatening
situation, a designated law enforcement agency must adopt a written policy and submit
the policy to the director of the Department of Public Safety (director) for approval; (3)
require that, if the director approves the policy described in (2), above, chief law
enforcement officers, including police chiefs, would submit to the director a written list
of peace officers authorized to possess, install, monitor, or operate wire, oral, or
electronic communications interception equipment in a non-life-threatening situation; (4)
would authorize the department to conduct audits of law enforcement agencies to ensure
compliance with the written policy described in (2), above; and (5) require that a peace
officer is authorized to operate or monitor the interception of a wire, oral, or electronic
communication in a non-life-threatening situation only is the officer completes at least 16
hours of related training.
S.B. 694 (West) – Metal Recycling: would, among many other things: (1) add various
items, including fire hydrants, an item with the logo of a governmental entity or utility,
and wire that has been burned to remove the insulation, to the list of regulated metals
under state law; (2) provide that a county, city, or other political subdivision may require
the record of purchase of regulated metals to contain a clear and legible thumbprint of a
seller; (3) provide that a county, city, or other political subdivision that issues a license or
permit to a metal recycling entity shall issue a notice to an owner or operator that is
operating without the license or permit informing the owner or operator that the owner or
Town Council 199 of 202 Meeting Date: February 24, 2011
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operator may be subject to criminal and civil penalties if the owner or operator does not
submit an application for the appropriate license or permit; (4) provide that a person
commits a misdemeanor if the person owns or operates a metal recycling entity and does
not submit an application for the appropriate license or permit; (5) authorize the
Department of Public Safety (DPS) to enter into contracts relating to the operation of the
statewide electronic reporting system and database; and (6) from fines collected and
distributed to the DPS for violations of metal recycling laws, mandate that DPS by rule
establish and implement a grant program to provide funding to assist local law
enforcement agencies in preventing the theft of regulated metals.
S.B. 695, S.B. 699, S.B. 702, S.B. 703 (Watson) – State Finances: would provide for
greater accountability and transparency in the state budget process.
S.B. 697 (Watson) – State Budget Plan: would create the State Budgeting Plan
Legislative Advisory Committee, which could include a member nominated by the
American Federation of State, County, and Municipal Employees as one of its 17
members, to develop a comprehensive state budgeting plan consisting of recommended
state budgeting guidelines and processes the implementation of which are anticipated to
foster the state’s current and long-term economic health.
S.B. 705 (Watson) – Unfunded Mandates: would, among other things, provide that: (1)
the unfunded legislative mandates interagency work group is created, and consists of
seven members, including: (a) one current or former officer or employee of a political
subdivision appointed by the lieutenant governor; and (b) one current or former officer or
employee of a political subdivision appointed by the speaker of the house of
representatives; (2) on or before the September 1 following a regular session of the
legislature and on or before the 90th day after the last day of a special session of the
legislature, the interagency work group shall publish a list of legislative mandates for
which the legislature has not provided reimbursement and that were enacted by the
legislature during that legislative session; (2) by the same date, the interagency work
group shall: (a) remove from the list of legislative mandates for a previous legislative
session those legislative mandates for which the legislature has provided reimbursement,
those that are no longer subject to reimbursement, and those that are no longer in effect;
and (b) add to the list a legislative mandate from a previous legislative session for which
reimbursement was provided in the previous session but for which reimbursement was
not provided in the most recent regular session or in any subsequent special sessions; (3)
during the regular session immediately following the issuance of a report prepared by the
interagency work group, the legislature by law may continue the legislative mandate for a
period not to exceed three years, by law may repeal the legislative mandate, or may take
no action on the legislative mandate; (4) the legislature may continue a legislative
mandate either by general law or by identifying the legislative mandate in the General
Appropriations Act and providing a mechanism to provide money to political
subdivisions that may be used to comply with the legislative mandates; and (5) if the
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legislature does not continue or repeal the legislative mandate, the legislative mandate
expires on September 1 following the regular session. (Note: Please see S.J.R. 24,
below)
S.B. 719 (Van de Putte) – Juveniles: would: (1) authorize a municipal judge to require
a juvenile who is assessed a fine or costs for a class C misdemeanor occurring on the
grounds of a school in which the juvenile was enrolled at the time to participate in
community service work or a tutoring program; (2) require that the community service
work required be done for a governmental entity or certain nonprofit organizations; (3)
require a governmental entity that accepts a defendant as a community service volunteer
to supervise the defendant and report on his work to the judge; (4) place limits on the
community service or tutoring required; and (5) protect a municipal court judge from
certain damages that may arise during completion of the community service or tutoring.
S.B. 720 (Williams) – Property Tax: would: (1) reduce the property tax rollback rate
from 108 percent to 105 percent; and (2) permit an individual city to raise its rollback rate
back to 108 percent if: (a) any part of the city is located in an area declared a disaster by
the governor or president; or (b) the city council finds that the higher rate is necessary to
protect the health, safety, or property of persons in the city, provided such finding is in
the form of a resolution, includes a description of the expected harm, and is approved by
a record vote of the council.
S.B. 722 (Williams) – Appraisal Districts: would: (1) authorize a majority of the group
of taxing units composed of the cities, school districts, and county participating in an
appraisal district to request an audit of the performance of the appraisal district, or the
discontinuance of that audit; (2) change the makeup of an appraisal district board to
include one elected, rather than appointed, director from each of the four commissioners
precincts of the county for which the district is established; (3) make other changes to the
eligibility requirements and manner of filling a vacancy in the position of director on an
appraisal board.
S.B. 725 (Williams) – Property Tax: would permit citizens to sue appraisal districts for
failure to follow appraisal procedures if the failure to follow procedure results in either a
substantial economic harm to the citizen or a denial of a statutory or constitutional right
of the citizen.
S.B. 726 (Rodriguez) – Court Fees: would: (1) create a $10 fee to be collected by
municipal courts for judicial access and improvement, to be used to fund basic civil legal
service and criminal defense for indigents and electronic filing in court; (2) require that
courts remit the collected fees to the comptroller; and (3) permit a city to retain five
percent of the total fee collected.
S.J.R 23 (Wentworth) – Transportation Funding: would amend the constitution to,
Town Council 201 of 202 Meeting Date: February 24, 2011
16
among other things: (1) raise the state motor fuels tax annually to an amount that
coincides with the change in the consumer price index; and (2) provide that any increased
revenue generated by (1), above, be spent for the sole purpose of designing, constructing,
and maintaining public roadways.
S.J.R. 24 (Watson) – Unfunded Mandates: would amend the Texas Constitution to
provide that: (1) a political subdivision is exempt from a legislative mandate during a
period in which the mandate is unfunded; (2) the legislature may authorize a commission
to identify legislative mandates and determine whether a legislative mandate is
considered unfunded for a specific period; and (3) the legislature, by statute, may enact a
method by which an unfunded legislative mandate is suspended or expires. (Note:
Please see S.B. 705, above.)
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:
• Larry Weis, General Manager, Austin Energy
• Carlos Garcia, Chief of Police, Brownsville
• Robert Benitez, Police Sergeant, Dallas
• Jerry Kitchens, Police Commander, Dallas
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 202 of 202 Meeting Date: February 24, 2011