Agenda Packet TC 01/17/2011Town Council
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom6:00 PMMonday, January 17, 2011
Call to order and announce a quorum.
WORKSHOP
1.2011-36-T Discussion of Trophy Club Commons Development and related agenda items posted
on the Regular Session Council Agenda for January 17, 2011.
2.2011-26-T Discussion of agenda items posted for consideration on the Regular Session Council
Agenda for January 17, 2011.
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.
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council
and will be enacted by one motion. There will not be a separate discussion of these
items. If discussion is desired, that item will be removed from the consent agenda and
will be considered separately.
Town Council 1 of 116 Meeting Date: January 17, 2011
January 17, 2011Town Council Meeting Agenda
3.2011-14-T Consider and take appropriate action regarding an Ordinance of The Town of Trophy
Club, Texas Amending Subsection “B”, “Stop Signs”, of Section 2.03 “Traffic Control
Devices” of Article II, “Traffic & Vehicles” of Chapter 10 “Public Safety” of The Code of
Ordinances of the Town to designate additional stop intersections and authorize the
placement of additional stop signs at those intersections; providing for a penalty; and
providing an effective date.
ORD 2011-02 Amending Chap 10 Art II Stop Signs.pdfAttachments:
PUBLIC HEARING
4.2010-656-T Public Hearing regarding a request for approval of a Site Plan of Lot 1, Block 1, Trophy
Club Commons, being a 6.570 acre tract of land located in the J. Eads Survey, Abstract
392 and the J. Sutton Survey, Abstract 1154. Applicant: Baird, Hampton & Brown, Inc.
on behalf of Trophy Club Equities (SP-09-010)
REGULAR SESSION
5.2010-654-T Consider and take appropriate action regarding a request for approval of a Preliminary
Plat of Lot 1, Block 1, Trophy Club Commons, being a 6.570 acre tract of land located
in the J. Eads Survey, Abstract 392 and the J. Sutton Survey, Abstract 1154. Applicant:
Baird, Hampton & Brown, Inc. on behalf of Trophy Club Equities (PP-09-017)
Staff Report - Prel Plat.pdf
Application - Prel Plat.pdf
Prel Plat - TC - 011711.pdf
Attachments:
6.2010-655-T Consider and take appropriate action regarding a request for approval of a Final Plat of
Lot 1, Block 1, Trophy Club Commons, being a 6.570 acre tract of land located in the J.
Eads Survey, Abstract 392 and the J. Sutton Survey, Abstract 1154. Applicant: Baird,
Hampton & Brown, Inc. on behalf of Trophy Club Equities (FP-09-031)
Staff Report - Final Plat.pdf
Trophy Club Commons Ph 1-Final.pdf
Application - Final Plat.pdf
Final Plat - TC - 011711.pdf
Attachments:
7.2010-657-T Consider and take appropriate action regarding a request for approval of a Site Plan of
Lot 1, Block 1, Trophy Club Commons, being a 6.570 acre tract of land located in the J.
Eads Survey, Abstract 392 and the J. Sutton Survey, Abstract 1154. Applicant: Baird,
Hampton & Brown, Inc. on behalf of Trophy Club Equities (SP-09-010)
A. Developer's Agreement. Consider and take appropriate action regarding approval of
a Developer's Agreement for Trophy Club Commons between the Town and Trophy
Club Equities.
Staff Report - Site Plan.pdf
Application - Site Plan.pdf
DEVELOPER'S AGREEMENT.pdf
Attachments:
Town Council 2 of 116 Meeting Date: January 17, 2011
January 17, 2011Town Council Meeting Agenda
8.2011-08-T Consider and take appropriate action to approve the First Modification to the Highlands
at Trophy Club, Neighborhood 8, Phase 1, Subdivider's Agreement by and between the
Town and Lennar Homes of Texas, and authorizing the Mayor or her designee to
execute all necessary documents.
Staff Report.pdf
First Modification.pdf
Attachments:
9.2010-681-T Consider and take appropriate action regarding an Ordinance of the Town of Trophy
Club, Texas, amending the Code of Ordinances of The Town by adding Article XVII
entitled “Code of Ethics and Conduct” to Chapter 1 entitled “Administration” of the Code
of Ordinances by adopting an Ethics Policy, establishing an Ethics Commission, and
providing for the disposition of alleged violations; providing a penalty; and providing an
effective date.
ORD 2011-03 - Code of Ethics & Conduct.pdfAttachments:
10.2011-34-T Consider and take appropriate action establishing goals and objectives for FY 2011-12.
FY 10 FY 11 Comparison of VMLPGO.pdfAttachments:
11.2011-17-T Consider and take appropriate action appointing Council members to serve on the Audit
Subcommittee.
Copy of 01-18-10 Council Minutes - Audit Subcommittee.pdfAttachments:
12.2011-11-T Consider and take appropriate action regarding financial and variance report dated
December 2010.
December 2010 Monthly Financial Reports.pdfAttachments:
13.2011-37-T Consider and take appropriate action to recognize and support a "Neighbor Helping
Neighbor" program in the Town of Trophy Club.
Neighbor Helping Neighbor.pdfAttachments:
14.2011-12-T Town Manager Slye's update regarding the following; discussion of the same.
· Citizens Police Academy
· TML IEBP Board Meeting - January 26 - 28, 2011
· Community Clean Up Event - April 9, 2011
· Update on Independence Park East and Freedom Park Construction
· Update on Hiring of Engineering Firm for Drainage Analysis
15.2011-13-T Mayor and Council Updates regarding training opportunities, educational sessions, and
regional meetings; discussion of same.
16.2011-15-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.
Town Council 3 of 116 Meeting Date: January 17, 2011
January 17, 2011Town Council Meeting Agenda
ADJOURN
* The Town Council may convene into executive session to discuss posted items as
allowed by the Texas Open Meeting Act, LGC.551.071
CERTIFICATION
I certify that the above notice was posted on the front window of the Svore Municipal
Building, 100 Municipal Drive, Trophy Club, Texas, on Friday, January 14, 2011 by
6:00 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 116 Meeting Date: January 17, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-36-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/11/2011 Town Council
On agenda:Final action:1/17/2011
Title:Discussion of Trophy Club Commons Development and related agenda items posted on the Regular
Session Council Agenda for January 17, 2011.
Attachments:
Action ByDate Action ResultVer.
Title
Discussion of Trophy Club Commons Development and related agenda items posted on the Regular Session Council
Agenda for January 17, 2011.
Town Council 5 of 116 Meeting Date: January 17, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-26-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/6/2011 Town Council
On agenda:Final action:1/17/2011
Title:Discussion of agenda items posted for consideration on the Regular Session Council Agenda for
January 17, 2011.
Attachments:
Action ByDate Action ResultVer.
Title
Discussion of agenda items posted for consideration on the Regular Session Council Agenda for January 17, 2011.
Town Council 6 of 116 Meeting Date: January 17, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-14-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:1/6/2011 Town Council
On agenda:Final action:1/17/2011
Title:Consider and take appropriate action regarding an Ordinance of The Town of Trophy Club, Texas
Amending Subsection “B”, “Stop Signs”, of Section 2.03 “Traffic Control Devices” of Article II, “Traffic
& Vehicles” of Chapter 10 “Public Safety” of The Code of Ordinances of the Town to designate
additional stop intersections and authorize the placement of additional stop signs at those
intersections; providing for a penalty; and providing an effective date.
Attachments:ORD 2011-02 Amending Chap 10 Art II Stop Signs.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding an Ordinance of The Town of Trophy Club, Texas Amending Subsection
“B”, “Stop Signs”, of Section 2.03 “Traffic Control Devices” of Article II, “Traffic & Vehicles” of Chapter 10 “Public Safety”
of The Code of Ordinances of the Town to designate additional stop intersections and authorize the placement of
additional stop signs at those intersections; providing for a penalty; and providing an effective date.
Goals
Goal #1: Safe and secure community.
Maintain Trophy Club’s Low crime rate
Increase positive visibility through community policing initiatives
Provide superior Emergency Services
Increase citizen involvement
Town Council 7 of 116 Meeting Date: January 17, 2011
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2011-02
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING SUBSECTION “B”, “STOP SIGNS”, OF SECTION 2.03
“TRAFFIC CONTROL DEVICES” OF ARTICLE II, “TRAFFIC &
VEHICLES” OF CHAPTER 10 “PUBLIC SAFETY” OF THE CODE OF
ORDINANCES OF THE TOWN TO DESIGNATE ADDITIONAL STOP
INTERSECTIONS THROUGHOUT THE TOWN AND AUTHORIZING
THE PLACEMENT OF ADDITIONAL STOP SIGNS AT THOSE
INTERSECTIONS; PROVIDING FOR THE INCORPORATION OF
PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A
CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PUBLICATION CLAUSE; PROVIDING A
PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00);
PROVIDING AN ENGROSSMENT AND ENROLLMENT CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to the Charter of the Town, State law, and its inherent
police powers, the Town Council of the Town is empowered to adopt ordinances and
rules that are for the good government of the Town; and
WHEREAS, pursuant to Chapter 542 of the Texas Transportation Code, the
Town is authorized to designate an intersection as a stop intersection or a yield
intersection and to require each vehicle to stop or yield at one or more entrances to the
intersection in accordance with an authorized traffic control device; and
WHEREAS, due to growth and development within the Town, new streets and
are being constructed, new intersections are being created, roads are being realigned
and renamed; and
WHEREAS, the Town Council has determined that public health, safety and
welfare and good engineering practices mandate the designation of additional stop
intersections with the addition of stop signs at those stop intersections within the Town;
and
WHEREAS, the Town Council has determined it to be in the best interest of the
Town and its residents to amend the Code of Ordinances by designating new stop
intersections and authorizing the placement of stop signs as the official traffic control
device at those stop intersections; and
WHEREAS, the Town Council hereby finds that the amendment of Section
2.03(B) of Article II, Chapter 10 of the Code of Ordinances as further specified herein
serves the best interests of the health, safety and welfare of the citizens of the Town.
Town Council 8 of 116 Meeting Date: January 17, 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.
AMENDMENT
2.01 Subsection B entitled “Stop Signs” of Section 2.03 entitled “Traffic Control
Devices” of Article II entitled, “Traffic & Vehicles” of Chapter 10, entitled “Public Safety”
of the Code of Ordinances of the Town of Trophy Club, Texas is hereby amended to
add subsections 166 through 170 to Section 2.03, Subsection (B), which subsections
shall be and read in their entirety as follows:
“2.03
B. Stop Signs
166. At the northeast corner of the intersection of Trophy Club Drive and
Yorkshire Drive facing east.
167. At the southeast corner of the intersection of Yorkshire Drive and
Sherwood Drive facing southeast.
168. At the northeast corner of the intersection of Sheffield Drive and
Sherwood Drive facing east.
169. At the northwest corner of the intersection of Earl Drive and Sheffield
Drive facing northwest.
170. At the southwest corner of the intersection of Earl Drive and Yorkshire
Drive facing west.”
SECTION 3.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other ordinances of the Town affecting
traffic control and shall not repeal any of the provisions of such ordinances except in
those instances where provisions of those ordinances are in direct conflict with the
provisions of this Ordinance; whether such ordinances are codified or uncodified, and all
other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified,
not in conflict with the provisions of this Ordinance, shall remain in full force and effect.
Notwithstanding the foregoing, any complaint, action, cause of action or claim which
prior to the effective date of this Ordinance has been initiated or has arisen under or
pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions
Town Council 9 of 116 Meeting Date: January 17, 2011
of that Ordinance and for that purpose the Ordinance shall be deemed to remain and
continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or its application to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance; and the Town Council hereby
declares it would have passed such remaining portions of the Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by
Section 52.011 of the Texas Local Government Code.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Hundred
Dollars ($200.00).
SECTION 7.
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.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of passage and
publication as required by law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this the 17th day of January, 2011.
Town Council 10 of 116 Meeting Date: January 17, 2011
Mayor, Connie White
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Shannon DePrater, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams , Town Attorney
Town of Trophy Club, Texas
Town Council 11 of 116 Meeting Date: January 17, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-656-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/7/2010 Town Council
On agenda:Final action:1/3/2011
Title:Public Hearing regarding a request for approval of a Site Plan of Lot 1, Block 1, Trophy Club
Commons, being a 6.570 acre tract of land located in the J. Eads Survey, Abstract 392 and the J.
Sutton Survey, Abstract 1154. Applicant: Baird, Hampton & Brown, Inc. on behalf of Trophy Club
Equities (SP-09-010)
Attachments:
Action ByDate Action ResultVer.
Planning & Zoning Commission12/16/2010 1
Title
Public Hearing regarding a request for approval of a Site Plan of Lot 1, Block 1, Trophy Club Commons, being a 6.570
acre tract of land located in the J. Eads Survey, Abstract 392 and the J. Sutton Survey, Abstract 1154. Applicant: Baird,
Hampton & Brown, Inc. on behalf of Trophy Club Equities (SP-09-010)
Town Council 12 of 116 Meeting Date: January 17, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-654-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/6/2010 Town Council
On agenda:Final action:1/17/2011
Title:Consider and take appropriate action regarding a request for approval of a Preliminary Plat of Lot 1,
Block 1, Trophy Club Commons, being a 6.570 acre tract of land located in the J. Eads Survey,
Abstract 392 and the J. Sutton Survey, Abstract 1154. Applicant: Baird, Hampton & Brown, Inc. on
behalf of Trophy Club Equities (PP-09-017)
Attachments:Staff Report - Prel Plat.pdf
Application - Prel Plat.pdf
Prel Plat - TC - 011711.pdf
Action ByDate Action ResultVer.
Planning & Zoning Commission12/16/2010 1
Title
Consider and take appropriate action regarding a request for approval of a Preliminary Plat of Lot 1, Block 1, Trophy Club
Commons, being a 6.570 acre tract of land located in the J. Eads Survey, Abstract 392 and the J. Sutton Survey, Abstract
1154. Applicant: Baird, Hampton & Brown, Inc. on behalf of Trophy Club Equities (PP-09-017)
Goals
Goal #2: Business-Friendly Community
Provide environment to retain/develop existing businesses
Promote new commercial opportunities
Create effective working relationships with developers and businesses
Goal #4: Picturesque Town
Maintain neat and tidy appearance
Improve property maintenance standards
Be recognized for our aesthetics
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
Goal #7: Environmentally Sound Community
Initiate Going Green Programs
Promote recycling
Evaluate environmental health
Promote environmentally conscious building standards
Develop long term plan for addressing drainage study results
Town Council 13 of 116 Meeting Date: January 17, 2011
TOWN COUNCIL
STAFF REPORT
January 17, 2011
Case No. PP-09-017
Preliminary Plat
Lot 1, Block 1
Trophy Club Commons
SUBJECT: Consider and take appropriate action regarding a request
for approval of a Preliminary Plat of Lot 1, Block 1, Trophy
Club Commons, being a 6.570 acre tract of land located in
the J. Eads Survey, Abstract 392 and the J. Sutton Survey,
Abstract 1154. Applicant: Baird, Hampton & Brown, Inc. on
behalf of Trophy Club Equities (PP-09-017)
APPLICANT: Baird, Hampton & Brown
4550 SH 360, Suite 180
Grapevine, Texas 76051
OWNER: Trophy Club Equities
3 Village Circle, Suite 123
Westlake, Texas 76262
LOCATION: East and southeast of the intersection of
Trophy Club Drive and Trophy Lake Drive
ZONING: "CG" Commercial General
ADJACENT ZONING/EXISTING LAND USES:
North: Commercial Recreation, Trophy Club Country Club
South: Planned Development No. 21, Retail Center
East: R-10, Single Family Residential
West: R-12, Church
EXISTING CONDITION OF THE PROPERTY: This property is currently vacant.
Approximately half of the site is within the 100 year floodplain. Marshall Creek
borders the site on the eastern side and acts as a buffer between the residential
subdivision to the east of Marshall Creek. The plan for this is for a professional
office complex as well as a day care facility.
Town Council 14 of 116 Meeting Date: January 17, 2011
HISTORY: This property was rezoned in 2008 from "CR" Commercial
Recreation to "CG" Commercial General.
In April, 2009, the applicant submitted a preliminary and final plat of this property,
as well as site plan and engineering documents. The applicant's plans called for
parking in the floodplain area of this property. Staff and the Town Engineer
reviewed the documents and provided comments to the applicant in June 2009.
Comments included a notation that the Town will require a disclaimer on the site
plan: "Town’s ordinances do not prohibit the construction of a parking lot in
unimproved flood plain, but the Town does not recommend the use or
construction of a parking lot in that area and assumes no liability for any damage
that might occur due to the construction or use of the parking lot." Staff and the
applicant(s) and applicant's engineer met on September 8, 2009 to discuss the
project. The applicant decided to pursue the possibility of reclaiming some land
out of floodplain.
In November 2009, the Town received a Feasibility Flood Study from the
applicant's engineer which indicated that they would resubmit the platting and
site plan documents for a portion (Phase 1) of the project while taking steps
necessary for flood plain reclamation of the area where they wish to place a
parking lot.
On April 30, 2010, the applicant resubmitted all documents (engineering,
preliminary and final plat, site plan) with plans to build Phase 1 only while
working to take the eastern area of the site out of floodplain.
On July 20, 2010, the applicant submitted a Conditional Letter of Map Revision
(CLOMR) for Town approval in anticipation of submitting this document to FEMA
for approval in order to proceed with a Letter of Map Revision (LOMR) in order to
build Phase 2 of Trophy Club Commons in 2013 (approximate). Staff reviewed
the documents and provided applicant with comments for revision of the plans.
On October 20, 2010, the applicant submitted the revised CLOMR, as well as
revised Preliminary Plat, Final Plat, Site Plan and Construction Plan documents.
On October 29, 2010, the applicant was notified that the Town had completed the
review of the CLOMR and Town approval was granted, and the applicant should
submit the CLOMR to FEMA for review and approval. In November, Staff
completed review of the plats, site plan and construction documents. The
construction plans have minor outstanding comments and must be revised and
resubmitted for review. The plats and site plan were approved and ready for
placement on Planning and Zoning Commission and Council agendas. The
Planning and Zoning Commission considered the preliminary plat, final plat, and
site plan on December 16, 2010.
Town Council 15 of 116 Meeting Date: January 17, 2011
PLANNING AND ZONING COMMISSION ACTION: Vice Chairman Stephens
motioned to recommend approval of the Preliminary Plat of Trophy Club
Commons. The motion was seconded by Commissioner Reed.
Ayes: Hill, Stephens, Reed, Davidson, Richert, Forest, Sheridan
Nays: None
Action: 7-0, Approved
ch
Attachments: Application
Plat – soft and hard copy
Town Council 16 of 116 Meeting Date: January 17, 2011
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100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-655-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/7/2010 Town Council
On agenda:Final action:1/17/2011
Title:Consider and take appropriate action regarding a request for approval of a Final Plat of Lot 1, Block 1,
Trophy Club Commons, being a 6.570 acre tract of land located in the J. Eads Survey, Abstract 392
and the J. Sutton Survey, Abstract 1154. Applicant: Baird, Hampton & Brown, Inc. on behalf of
Trophy Club Equities (FP-09-031)
Attachments:Staff Report - Final Plat.pdf
Trophy Club Commons Ph 1-Final.pdf
Application - Final Plat.pdf
Final Plat - TC - 011711.pdf
Action ByDate Action ResultVer.
Planning & Zoning Commission12/16/2010 1
Title
Consider and take appropriate action regarding a request for approval of a Final Plat of Lot 1, Block 1, Trophy Club
Commons, being a 6.570 acre tract of land located in the J. Eads Survey, Abstract 392 and the J. Sutton Survey, Abstract
1154. Applicant: Baird, Hampton & Brown, Inc. on behalf of Trophy Club Equities (FP-09-031)
Goals
Goal #2: Business-Friendly Community
Provide environment to retain/develop existing businesses
Promote new commercial opportunities
Create effective working relationships with developers and businesses
Goal #4: Picturesque Town
Maintain neat and tidy appearance
Improve property maintenance standards
Be recognized for our aesthetics
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
Goal #7: Environmentally Sound Community
Initiate Going Green Programs
Promote recycling
Evaluate environmental health
Promote environmentally conscious building standards
Develop long term plan for addressing drainage study results
Town Council 19 of 116 Meeting Date: January 17, 2011
TOWN COUNCIL
STAFF REPORT
January 17, 2011
Case No. FP-09-031
Final Plat
Lot 1, Block 1
Trophy Club Commons
SUBJECT: Consider and take appropriate action regarding a request
for approval of a Final Plat of Lot 1, Block 1, Trophy Club
Commons, being a 6.570 acre tract of land located in the J.
Eads Survey, Abstract 392 and the J. Sutton Survey,
Abstract 1154. Applicant: Baird, Hampton & Brown, Inc. on
behalf of Trophy Club Equities (FP-09-031)
APPLICANT: Baird, Hampton & Brown
4550 SH 360, Suite 180
Grapevine, Texas 76051
OWNER: Trophy Club Equities
3 Village Circle, Suite 123
Westlake, Texas 76262
LOCATION: East and southeast of the intersection of
Trophy Club Drive and Trophy Lake Drive
ZONING: "CG" Commercial General
ADJACENT ZONING/EXISTING LAND USES:
North: Commercial Recreation, Trophy Club Country Club
South: Planned Development No. 21, Retail Center
East: R-10, Single Family Residential
West: R-12, Church
EXISTING CONDITION OF THE PROPERTY: This property is currently vacant.
Approximately half of the site is within the 100 year floodplain. Marshall Creek
borders the site on the eastern side and acts as a buffer between the residential
subdivision to the east of Marshall Creek. The plan for this is for a professional
office complex as well as a day care facility.
Town Council 20 of 116 Meeting Date: January 17, 2011
PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning
Commission considered the Final Plat on December 16, 2010, and made the
following recommendation:
Vice Chairman Stephens motioned to recommend approval of the Final Plat of
Trophy Club Commons. The motion was seconded by Commissioner Forest.
Ayes: Hill, Stephens, Reed, Davidson, Richert, Forest, Sheridan
Nays: None
Action: 7-0, Approved
STAFF COMMENT AND RECOMMENDATION: The Town Engineer completed
review of the construction documents on Monday, January 11, and the
construction plans for the infrastructure of Trophy Club Commons are approved
(memo attached). Staff recommends approval of the Final Plat for Trophy Club
mons.
Com
SUBDIVIDER’S AGREEMENT: The Developer’s Agreement is attached for the
Council’s review and approval. Attachment “A” of the Subdivider’s Agreement
consists of the construction estimates, reviewed and approved by the Town
Engineer, which determines the amount due for inspections (5% of the project’s
total construction estimate). Attachment “B” of the Subdivider’s Agreement will
consist of the approved construction documents and are not included with the
ouncil’s packet.
C
Town Council 21 of 116 Meeting Date: January 17, 2011
O:\TRO 09106\Trophy Club Commons –Final.doc
TEAGUE NALL AND PERKINS Consul
817-336-5773 FAX 817-336-2813
PLAN REVIEW
Club
:
Re: Trophy Club Commons, Ph. 1 – FINAL (Construction Plans)
ting Engineers
1100 MACON STREET
FORT WORTH, TEXAS 76102
To: Town of Trophy
From: Tom Rutledge
Date January 10, 2011
Plan comments have been addressed. The final plat is ready to proceed to P&Z and Council.
Town Council 22 of 116 Meeting Date: January 17, 2011
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100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-657-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/7/2010 Town Council
On agenda:Final action:1/17/2011
Title:Consider and take appropriate action regarding a request for approval of a Site Plan of Lot 1, Block 1,
Trophy Club Commons, being a 6.570 acre tract of land located in the J. Eads Survey, Abstract 392
and the J. Sutton Survey, Abstract 1154. Applicant: Baird, Hampton & Brown, Inc. on behalf of
Trophy Club Equities (SP-09-010)
A. Developer's Agreement. Consider and take appropriate action regarding approval of a Developer's
Agreement for Trophy Club Commons between the Town and Trophy Club Equities.
Attachments:Staff Report - Site Plan.pdf
Application - Site Plan.pdf
DEVELOPER'S AGREEMENT.pdf
Action ByDate Action ResultVer.
Planning & Zoning Commission12/16/2010 1
Title
Consider and take appropriate action regarding a request for approval of a Site Plan of Lot 1, Block 1, Trophy Club
Commons, being a 6.570 acre tract of land located in the J. Eads Survey, Abstract 392 and the J. Sutton Survey, Abstract
1154. Applicant: Baird, Hampton & Brown, Inc. on behalf of Trophy Club Equities (SP-09-010)
A. Developer's Agreement. Consider and take appropriate action regarding approval of a Developer's Agreement for
Trophy Club Commons between the Town and Trophy Club Equities.
Goals
Goal #2: Business-Friendly Community
Provide environment to retain/develop existing businesses
Promote new commercial opportunities
Create effective working relationships with developers and businesses
Goal #4: Picturesque Town
Maintain neat and tidy appearance
Improve property maintenance standards
Be recognized for our aesthetics
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
Goal #7: Environmentally Sound Community
Initiate Going Green Programs
Promote recycling
Evaluate environmental health
Promote environmentally conscious building standards
Develop long term plan for addressing drainage study results
Town Council 25 of 116 Meeting Date: January 17, 2011
TOWN COUNCIL
STAFF REPORT
January 17, 2011
Case No. SP-09-010
Site Plan
Lot 1, Block 1
Trophy Club Commons
SUBJECT: Consider and take appropriate action regarding a request
for approval of a Site Plan of Lot 1, Block 1, Trophy Club
Commons, being a 6.570 acre tract of land located in the J.
Eads Survey, Abstract 392 and the J. Sutton Survey,
Abstract 1154. Applicant: Baird, Hampton & Brown, Inc. on
behalf of Trophy Club Equities (SP-09-010)
APPLICANT: Baird, Hampton & Brown
4550 SH 360, Suite 180
Grapevine, Texas 76051
OWNER: Trophy Club Equities
3 Village Circle, Suite 123
Westlake, Texas 76262
LOCATION: East and southeast of the intersection of
Trophy Club Drive and Trophy Lake Drive
ADJACENT ZONING/EXISTING LAND USES:
North: Commercial Recreation, Trophy Club Country Club
South: Planned Development No. 21, Retail Center
East: R-10, Single Family Residential
West: R-12, Church
EXISTING CONDITION OF THE PROPERTY/FLOODPLAIN: This property is
currently vacant. Approximately half of the site is within the 100 year Floodplain
and the applicant has submitted a Conditional Letter of Map Revision (CLOMR)
to remove a portion of the property from the floodplain in order to place
permanent parking on that area of the site. The CLOMR has been approved by
the Town and can now be submitted to FEMA for approval. Once FEMA approval
Town Council 26 of 116 Meeting Date: January 17, 2011
has been received, and if no revisions are needed to the site based on FEMA
approval, Phase 2 construction can take place.
ZONING: The property is zoned Commercial General (CG). The purpose of the
CG Commercial General District is to provide locations for local neighborhood
shopping and personal service needs of the surrounding area, to accommodate
general retail shopping and to accommodate low intensity businesses or
professional offices that are designed and sited to be compatible with nearby
residential uses and which primarily provide services to residents of the
community.
Planned Structures
The applicant is proposing to construct five (5) professional office buildings for a
total of approximately 41,000 square feet of multi-use lease space.
The first building the applicant plans to construct will be a 15,425 sq. ft. day care
facility. The facility will serve approximately 240 younger children, 1st graders
and under, and be staffed by approximately 35 employees -- a mixture of full and
part-time.
Building No. 2 (8,538 sq. ft.) will house general office space and medical office
space.
The applicant anticipates constructing Building No. 3 approximately one year
later which will house retail/office clientele, followed by Buildings No. 4 and 5 in
Phase 2 after FEMA approval of the CLOMR has been obtained. Buildings No. 4
and 5 will consist of general office space and medical office space.
Setbacks
Commercial General zoning requires the following setbacks:
Front: 30-feet
Rear: 30-feet
Side: 15-feet
Side Adjacent to Residential: 40-ft. Buffered Area
The plan complies with all setbacks.
Final design of the roundabout may require a waiver of the front setback for
Building No. 2.
Town Council 27 of 116 Meeting Date: January 17, 2011
Height
Commercial General regulations require that no building shall exceed 40' feet or
two (2) stories in height. Any building or structure adjoining or contiguous to a
residentially zoned district shall not exceed 28 feet or one (1) story in height. The
five buildings proposed in Phases 1 and 2 on this site are one story in height and
will not exceed 28-feet.
Parking Requirements
Approximate square footage of each building is as follows:
Square Footage of Building No. 1 - Day Care: 15,425
Square Footage of Building No. 2 - General Office: 8,538
Square Footage of Building No. 3 - General Office: 5,915
Square Footage of Building No. 4 - General Office: 5,516
Square Footage of Building No. 5 - Mixed Use Retail: 5,516
Based on square footage and use, 171 parking spaces are required. The
applicant has provided 174 parking spaces, six of which are handicap accessible
spaces, which meets the Town's regulations. The ordinance requires 24
loading/unloading spaces for day care. The plan shows five (5) spaces in front of
the day care. Based on meetings with the applicant/developer, they will use
spaces across the parking lot for this requirement.
Photometrics Plan
The site plan package provides a lighting plan detailing the layout of fixtures,
elevations, lamp type, and average illumination of each fixture. Exterior lighting
fixtures shall not exceed a maximum height of 25 feet, measured from the
adjacent ground, shall direct light toward the ground, and shall be shielded. The
plan complies.
Landscape Plan
CG zoning requires that the front setback area contain landscaping to screen the
parking areas. The applicant is proposing 14 Burr Oak trees along Trophy Club
Drive that are 4” caliper, which meets the Town requirements. Shrubs, berms,
decorative walls or a combination thereof shall be provided between the trees
such that a screen of a minimum of three feet in height shall screen the parking
areas. The applicant is proposing 98 five gallon dwarf wax myrtles to aid in
screening the parking from the street, and a combination of annuals, roses and
Lirope at the ingress and egress on Trophy Club Drive.
Town Council 28 of 116 Meeting Date: January 17, 2011
Tree Mitigation
Most of the trees to be removed will be in Phase 2 of this project and Sheets M
1.1 and M 1.2 detail the tree mitigation plans for this site. The combined
landscape plans for Phase 1 and Phase 2 will provide the required mitigation per
Town regulations.
The Landscape and Tree Mitigation Plans comply with Town regulations.
Building Elevations
CG zoning requires all principal and accessory buildings and structures to be of
exterior fire resistant construction having one hundred (100) percent of the total
exterior walls, excluding doors, windows and porches, constructed of brick or
stone including the area above the first floor ceiling plate line. The applicant's
plans call for a combination of stone and brick which meets the Town's masonry
requirements.
Ingress/Egress - Roundabout - Traffic Impact Analysis
A Traffic Impact Analysis (TIA) was required for the Trophy Club Commons
project so there would be an understanding of the impact of this development on
the intersection of Trophy Club Drive and Trophy Lake Drive. The TIA concluded
that with the addition of the site traffic generated by the proposed Trophy Club
Commons development, the intersection of Trophy Club Drive and Trophy Lake
Drive is predicted to operate at poor levels of service by 2014 during the AM and
PM peak hours. The Town has taken steps to create an engineered plan for a
roundabout at the intersection of Trophy Club Drive and Trophy Lake Drive and
this plan received Council approval on December 6, 2010. The Trophy Club
Commons owner has indicated a willingness to give right-of-way (2,200 sq. ft., or
up to 0.05 acre) to allow building of a roundabout at this intersection. The
applicant's engineer will be given the engineered plans once final design is
complete and the right-of-way will be dedicated by separate instrument.
As a result of the roundabout design, Trophy Club Commons will be an exit only
egress from the development into the roundabout. Ingress to the site will be off of
Trophy Club Drive across from the entrance to Planned Development No. 21
(Tom Thumb Grocery Store location). The Trophy Club Commons Developer will
remove a portion of the center median along Trophy Club Drive for a dedicated
left turn lane into the Trophy Club Commons site.
The Developer’s building plans will not be affected by the roundabout design, but
the egress at the roundabout and possibly the front building setback of Building
No. 2 will be affected. Council is requested to grant a waiver of the front setback
for Building No. 2 and to grant the Town Manager authority to approve revisions
to the site plan for accommodation of the final engineered roundabout design.
Town Council 29 of 116 Meeting Date: January 17, 2011
PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning
Commission considered the Site Plan on December 16, 2010, and made the
following recommendation:
Vice Chairman Stephens motioned to recommend approval of the Site Plan for
Trophy Club Commons with the stipulation that the trees along Trophy Club Drive
shall be a minimum of 4” caliper. The motion was seconded by Commissioner
Reed.
Ayes: Hill, Stephens, Reed, Davidson, Richert, Forest, Sheridan
Nays: None
Action: 7-0, Approved
STAFF FINDINGS: The applicant is requesting overall site plan approval for a
two-phase project. The development proposed by the applicant is appropriate
for the CG district.
Phase 1 will consist of three buildings and temporary asphalt parking. Phase 2
will consist of two buildings and a permanent concrete parking lot with the
removal of the asphalt parking lot. If Phase 2 construction does not occur within a
specific period of time, the temporary asphalt parking lot will be replaced with
permanent concrete paving that meets Town standards.
Staff and the Town Engineer have reviewed the entire site – Phase 1 and Phase
2 – but infrastructure engineering documents for Phase 2 cannot be given final
staff approval until FEMA approval is granted for the Conditional Letter of Map
Revision affecting a portion of the land in Phase 2. Once FEMA approval is
granted, staff will re-review the engineering documents and site plan and provide
applicant direction to move forward with Phase 2.
Some design changes will be necessary to the Trophy Club Commons egress
into the roundabout and a waiver to the front setback will be needed for Building
No. 2 in order to accommodate the design of the roundabout. In exchange for
the acreage (not to exceed 2,200 sq. ft.) needed from the Developer for the
roundabout, Staff asks the Council to grant a front setback variance for Building
No. 2, and to grant the Town Manager authority to approve changes to the
overall site plan to accommodate the final design of the roundabout. Staff also
requests the Council to grant the Town Manager the authority to approve
changes to the overall site plan for Phase 2, if needed once FEMA approval is
obtained.
SUGGESTED MOTION: Approval of the Overall Site Plan and the Developer’s
Agreement, granting a waiver for the front setback for Building No. 2, granting the
Town Manager authority to approve revisions to the site plan for accommodation
of the final engineered roundabout design, and granting the Town Manager
authority to approve changes to the Site Plan, if needed, once FEMA approval is
obtained.
Town Council 30 of 116 Meeting Date: January 17, 2011
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TROPHY CLUB COMMONS
DEVELOPER’S AGREEMENT
An AGREEMENT between the Town of Trophy Club, Texas (hereinafter referred to as
the "TOWN") and Trophy Club Equities, LLC acting by and through its duly authorized
representative (hereinafter referred to as the "DEVELOPER"), for the installation of public
improvements and facilities within the TOWN limits of Trophy Club, Texas, for Trophy Club
Commons, more particularly described as a tract of land consisting of approximately 6.570 acres
of land, hereinafter being referred to collectively as the "PROJECT," and such public
improvements being more particularly described in Section II of this AGREEMENT. It is
understood by and between the parties that this AGREEMENT is applicable to the lot(s)
contained within the Final Plat as presented to TOWN Staff on July 20, 2010 and to the offsite
improvements necessary to support the PROJECT, more particularly described in Section II of
this AGREEMENT. It is further agreed that this AGREEMENT, when properly signed and
executed, shall satisfy the requirements of the TOWN’S Subdivision Regulations Ordinance No.
2001-21 P&Z.
I. GENERAL REQUIREMENTS
A. It is agreed and understood by the parties hereto that the DEVELOPER has
employed a registered public surveyor licensed to practice in the State of Texas to
prepare a final plat of the PROJECT.
The Project is planned to be platted for Commercial General uses together with
allowed incidental and accessory uses. The Project received preliminary plat
approval from the Town on December 10, 2010.
B. It is agreed and understood by the parties hereto that the DEVELOPER has
employed a civil engineer licensed to practice in the State of Texas for the design
and preparation of the plans and specifications for the construction of all public
improvements and facilities described in Section II and covered by this
AGREEMENT. Unless otherwise specified herein, such plans and specifications
shall be in accordance with the TOWN’S "Design Standards for Paving, Drainage
and Utility Improvements" and the North Central Texas Council of Governments’
(NCTCOG) Standard Specifications for Public Works Construction, as presently
adopted.
C. The DEVELOPER will award its own construction contract for the construction of
all PROJECT street, sanitary sewer, and other drainage public improvements and
facilities for the completion of the Project. The DEVELOPER agrees to employ a
construction contractor(s) who is approved by the TOWN, said contractor(s) to meet
TOWN and statutory requirements for being insured, licensed and bonded to perform
work in public rights-of-way and to be qualified in all respects to bid on public
streets and public projects of a similar nature. The DEVELOPER agrees to submit
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Town Council 32 of 116 Meeting Date: January 17, 2011
contract documents to the TOWN and participate in a pre-construction meeting with
the TOWN and all Developer contractors.
D. Prior to the execution of this Agreement, the commencement of construction, the
filing of the Final Plat, or the issuance of any building permits, the DEVELOPER
shall present to the TOWN a performance bond(s), payment bond(s) and
maintenance bond(s), meeting the requirements of Chapter 2253 of the Texas
Government Code. Each bond shall individually guarantee and agree to pay an
amount equal to one hundred percent (100%) of the value of the construction costs
(as determined by the TOWN Engineer) for all public improvements and facilities to
be constructed by or on behalf of the Developer for the Project. Any surety company
through which a bond is written shall be a surety company duly authorized to do
business in the State of Texas, provided that the TOWN, through the Town Attorney,
shall retain the right to reject any surety company as a surety for any work under this
or any other SUBDIVIDER’S AGREEMENT regardless of such Company’s
authorization to do business in Texas. Approvals by the TOWN shall not be
unreasonably withheld or delayed.
1) As an alternative to providing a surety bond for performance and a surety bond
for maintenance as specified hereinabove, Developer may provide financial
assurances for performance and maintenance in the form of a cash deposit, a
certificate of deposit, or irrevocable letter of credit. Provided however, that such
alternative financial assurances shall only be allowed if each meets all
requirements specified in Section 7.2 of the Town of Trophy Club Subdivision
Regulations. All such alternative financial assurances must be on forms approved
by the Town Attorney.
2) As an alternative to the Developer providing a performance bond, payment bond,
and maintenance bond, as specified above, Developer may provide financial
assurances for performance, payment and maintenance from a single general
contractor for the Project, provided that such assurances meet all other
requirements specified hereinabove and the Town is named as a dual obligee on
each such bond. Additionally, such alternative financial assurances shall only be
allowed if each meets all requirements specified in Section 7.2 of the Town of
Trophy Club Subdivision Regulations. All such alternative financial assurances
must be on forms approved by the Town Attorney.
E. The performance bond(s) shall be submitted in statutory form guaranteeing the full
and faithful completion of the facilities and improvements required under this
Agreement for completion of the PROJECT to the TOWN and provide for payment
to the TOWN of such amounts up to the total remaining amounts required for the
completion of the PROJECT if the work is not completed as required hereunder.
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Town Council 33 of 116 Meeting Date: January 17, 2011
F. The payment bond(s) shall be submitted in statutory form guaranteeing payment of
all labor and material costs of the Project and shall be furnished solely for the
protection of all claimants supplying labor and material in the performance of the
work provided for under this AGREEMENT. The maintenance bond(s) shall
guarantee the payment of any and all necessary maintenance of the Project for a
period of two (2) years following acceptance of the public improvements and
facilities by the TOWN, in an amount equal to one hundred (100%) percent of the
value of the construction costs of all the public improvements and facilities to be
constructed under this Agreement in respect to the Project.
G. Any guarantee of performance, maintenance, or payment instrument (e.g.,
performance bond, payment bond, maintenance bond, letters of credit, and/or cash
deposit or the like) (individually a “Guarantee” or collectively the “Guarantees”)
submitted by or through the DEVELOPER on a form other than the one which has
been previously approved by the TOWN as "acceptable" shall be submitted to the
Town Attorney at the DEVELOPER'S expense, and construction of the Project shall
not commence until the Town Attorney has approved such Guarantees. Approval by
the TOWN (and the Town Attorney) shall not be unreasonably withheld or delayed.
All such Guarantees shall be maintained in full force and effect until such time as the
DEVELOPER has fully complied with the terms and conditions of this
AGREEMENT as agreed to in writing by the TOWN, and failure to keep same in
force and effect shall constitute a breach of this AGREEMENT. Failure to maintain
performance and payment Guarantees meeting the requirements of this
AGREEMENT shall result in a stop work order being issued by the Town.
Additionally, all Guarantees furnished hereunder which expire prior to the
completion of construction or applicable warranty periods shall be renewed in
amounts designated by the TOWN and shall be delivered to the TOWN and
approved by the TOWN on or before the tenth (10th) banking day before the date of
expiration of any then existing Guarantee. If the DEVELOPER fails to deliver any
Guarantee to the TOWN within the time prescribed herein, such failure shall
constitute a breach of this AGREEMENT and shall be a basis for the TOWN to draw
on all or any portion of any existing Guarantee in addition to any or all other
remedies available to the TOWN. The DEVELOPER further agrees to release and
forever hold the TOWN harmless from any losses, damages and/or expenses
incurred by the DEVELOPER for any delays due to the TOWN'S review of any
Guarantee which is in a form other than one which has been previously approved by
the TOWN. The TOWN requires the DEVELOPER to have all Guarantee forms
approved prior to the commencement of work and construction of improvements.
H. It is further agreed and understood by the parties hereto that upon acceptance thereof
by the TOWN of all public improvements and facilities as described in Section II of
this Agreement, title to all such improvements and facilities shall be vested in the
TOWN, and the DEVELOPER hereby relinquishes any right, title, or interest in and
to such improvements and facilities or any part thereof. It is further understood and
agreed that until the TOWN accepts such improvements and facilities, the TOWN
shall have no liability or responsibility with respect thereto. Acceptance of the
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Town Council 34 of 116 Meeting Date: January 17, 2011
improvements and facilities shall occur at such time as the TOWN, through its
TOWN Engineer, provides the DEVELOPER with a written acknowledgment that
all improvements and facilities are complete, have been inspected and approved and
are being accepted by the TOWN.
I. The DEVELOPER’S Engineer has prepared detailed estimates of $118,500.00 and
the TOWN Engineer has approved an estimate of $118,500.00 for the cost of public
improvements and facilities. The detailed cost estimates are a part of this
AGREEMENT and are attached hereto as "Attachment A" and incorporated herein.
The TOWN shall not accept any construction improvements outside of the Project
and the two (2) year warranty for such improvements shall not commence until all
construction activities are completed and accepted by the TOWN.
J. Upon TOWN’S approval and acceptance of the final plat and the engineering plans,
the final plat will be recorded with the County Clerk of Denton County. No building
permits will be issued in for any lots on/in the Project until the final plat is filed and
the public improvements and facilities specified herein are completed and accepted
by the TOWN.
K. The DEVELOPER, DEVELOPER'S contractors (prime, general and major
subcontractors) and TOWN, as well as any other third party deemed necessary by the
Town, shall participate in a pre-construction conference prior to the initiation of any
work. At or prior to the pre-construction meeting, Developer shall provide the
TOWN with the following documents: 1) Two (2) copies of all executed
construction contracts; 2) List of all contractors/subcontractors and their project
assignments; 3) Five (5) sets (and additional sets as necessary for any contractors) of
approved construction plans and specifications. This list of
contractors/subcontractors shall be updated within seven days of any changes. The
DEVELOPER agrees to give the TOWN at least twenty-four (24) hours prior written
notice of his/her intent to commence construction of all public improvements and
facilities, so that the TOWN, if it so desires, may have its representatives available to
inspect the beginning and continuing progress of all work. Developer shall submit
all documentation evidencing that each of the Guarantees required under this
Agreement have been provided and all required insurance has been obtained prior to
the pre-construction meeting.
L. The DEVELOPER agrees to notify all contractors and subcontractors working on the
PROJECT that all their work is subject to inspection by a TOWN Inspector at any
time, and that such inspection may require a certification by the contractors and
subcontractors of the type, kind, and quality of materials used on the PROJECT.
M. Should any work or construction of improvements or facilities on the PROJECT
which has not been contemplated in the current construction documents (plans and
specifications), the plat, or this AGREEMENT, become necessary due to site
conditions, then the DEVELOPER shall be required to contact in writing (with a
copy to the TOWN of Trophy Club), with the TOWN Engineer to determine how
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Town Council 35 of 116 Meeting Date: January 17, 2011
such work or construction should progress. The DEVELOPER further agrees to
follow all reasonable recommendations and requirements imposed by the TOWN
Engineer in such instance. (Addresses for points of contact are as follows:)
Town of Trophy Club Teague, Nall & Perkins
Mr. Mike Slye, Town Manager Mr. Tom Rutledge, Town Engineer
100 Municipal Drive 1100 Macon Street
Trophy Club, Texas 76262 Fort Worth, Texas 76102
Phone: 682/831-4600 Phone: 817.336.5773
Fax: 817.490.0705 Fax: 817.336.2813
Email: mslye@ci.trophyclub.tx.us Email: trutledge@tnp-online.com
N. The DEVELOPER agrees to cause all work and construction of improvements and
facilities to be stopped upon twenty-four (24) hour notification from the TOWN
Engineer of nonconforming improvements, including the materials used and the
methods of installation. The DEVELOPER further agrees to correct all
nonconformities in accordance with the TOWN Engineer’s instructions.
O. The DEVELOPER is encouraged not to convey title of any lots of the PROJECT,
until all construction in respect to the PROJECT required in Section II is complete
and the TOWN has approved and accepted the work and improvements in respect
thereof. The DEVELOPER understands that the TOWN will issue no building
permits for improvements on any lot in the Project until all public improvements and
facilities in respect to the Project are completed in accordance with this Agreement.
Further, DEVELOPER agrees to inform all persons or entities purchasing the lots or
any interest in the lots that TOWN will not issue any building permits until all public
improvements and facilities are completed in accordance with this Agreement.
P. After completion and prior to acceptance of all work, the DEVELOPER must furnish
to the TOWN an affidavit of all bills paid.
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Town Council 36 of 116 Meeting Date: January 17, 2011
II. PUBLIC IMPROVEMENTS AND FACILITIES TO BE CONSTRUCTED
A. Phase 1. The following public improvements and facilities to be constructed as Phase
1 of the Project shall be completed in accordance with the approved plans and
specifications as described in Attachment “B”:
1) Storm Drain.
2) Rework Center Median on Trophy Club Drive to add a left turn lane into Trophy
Club Commons.
3) Public Water Extensions.
B. Other.
1. Bench marks to be located as shown on the approved plans.
2. Upon completion, three (3) sets of as-builts/record drawings shall be submitted to
the TOWN within two (2) months following the acceptance of the public
improvements and facilities.
3. Testing
The Developer shall provide all geotechnical and materials tests required by the
TOWN Engineer and TOWN Inspector at the DEVELOPER’S cost in accordance
with Section 7.03 of Article VII, Chapter 12 of the Town of Trophy Club Code of
Ordinances. Such tests shall be conducted by an independent laboratory
acceptable to the Town.
4. Permits
The DEVELOPER will pay a Community Facilities inspection fee in the amount
of $$5,925.00 (5% of $$118,500.00) to cover the cost of TOWN inspection fees
as related to the construction of the Project. The Developers may be obligated to
pay other TOWN fees as set forth in the TOWN’S Schedule of Fees, as may be
amended from time to time. The DEVELOPER will be responsible for obtaining
any other permits which may be required by other federal, state or local
authorities.
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Town Council 37 of 116 Meeting Date: January 17, 2011
III. DEVELOPMENT STANDARDS
1. Commercial General Zoning and Concept Plan. Owner shall develop the
Property in compliance with the Commercial General Zoning and the approved
Concept Plan in effect on the Effective Date and in compliance with subsequent
amendments to the CG Zoning and Concept Plan approved by the Town pursuant
to the customary Town approval process for zoning and concept plans.
Additionally, upon the Town's issuance of applicable permits and approvals,
Owner agrees to proceed diligently with the construction and development of the
public improvements under and in accordance with the terms, provisions, and
conditions stated in this Developer’s Agreement.
2. Developer’s Agreement. None of the terms and provisions of this Section shall
be construed or applied to limit, revise, or modify any of the obligations of Owner
under Section II of this Agreement.
3. Temporary Asphalt Parking. In accordance with the approved Plat and related
construction drawings, DEVELOPER shall be allowed to construct and maintain
a temporary asphalt parking area (hereinafter “Parking Area”). DEVELOPER
understands that the Parking Area does not meet the requirements of Town’s
Subdivision Regulations and is not designed as nor will Town allow it to exist as
a permanent improvement on the Property. Town is allowing the construction
and maintenance of the Parking Area by DEVELOPER under the conditions set
forth in this paragraph. No later than two (2) years after the date of issuance of
the Certificate of Occupancy for the first building constructed in Phase 1 of the
Project, the Parking Area shall be removed and DEVELOPER shall commence
with the construction of a concrete parking area meeting all of the requirements of
Town’s Subdivision Regulations. During the period in which the Parking Area is
located on the Property, it is the responsibility of the DEVELOPER to maintain
the temporary lot to Town standards. This includes, but is not limited to: parking
space striping, sags, sink holes, cracks, voids, failures and drainage.
4. Temporary Dumpster Location. DEVELOPER plans to place a dumpster at a
temporary location on the Property and to construct a temporary enclosure around
the dumpster that does not comply with Town’s Zoning Ordinance (hereinafter
collectively referred to as “Temporary Dumpster”). DEVELOPER understands
that the temporary enclosure around the Temporary Dumpster does not meet
Town’s Zoning Ordinance and that Town is only allowing the Temporary
Dumpster to remain on the Property as specifically set forth in this paragraph. No
later than two (2) years after the date of issuance of the Certificate of Occupancy
for the first building constructed in Phase 1 of the Project, the Temporary
Dumpster shall be removed and DEVELOPER shall provide a dumpster and an
enclosure meeting the requirements of Town’s Zoning Ordinance. During the
period in which the Temporary Dumpster is located on the Property,
DEVELOPER shall ensure that it is maintained in good condition and is kept in
clean and sanitary condition that meets all Town ordinance requirements.
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Town Council 38 of 116 Meeting Date: January 17, 2011
5. Right of Way for Roundabout Construction. DEVELOPER understands that
Town is in the process of designing a roundabout to be constructed at the
intersection of Trophy Club Drive and Trophy Lake Drive, which is located
adjacent to DEVELOPER’s Property (hereinafter “Roundabout”). DEVELOPER
understands and agrees that the construction of the Roundabout will benefit
DEVELOPER’s Property in that it will facilitate the smooth flow of traffic to and
from Developer’s Property and provide the intersection improvements needed as
specified in the Traffic Impact Analysis performed by DEVELOPER’S engineer.
Town is constructing the Roundabout as a public improvement. DEVELOPER
hereby agrees to donate and dedicate to Town a parcel up to 0.05 acres of the
Property as right of way for the construction of the Roundabout and associated
improvements at the general location as designated on Town approved design for
the Roundabout (hereinafter “Right of Way”). DEVELOPER shall execute all
necessary documents as to effect the dedication of the Right of Way to Town
within seven (7) days of Town’s presentation of such necessary documents to
DEVELOPER.
IV. GENERAL PROVISIONS
A. The DEVELOPER agrees to furnish and maintain at all times prior to the TOWN’S
final acceptance of the public improvements and community facilities for the Project,
an owners protective liability insurance policy naming the TOWN as insured for
property damage and bodily injury in the amounts. Coverage shall be on an
“occurrence” basis and shall be issued with a combined bodily injury and property
damage minimum limit of $600,000 per occurrence and $1,000,000 aggregate.
B. Exclusive venue of any action brought hereunder shall be in Denton, Denton County,
Texas.
C. Approval by the TOWN Engineer of any plans, designs or specifications submitted
by the DEVELOPER pursuant to this AGREEMENT shall not constitute or be
deemed to be a release of the responsibility and liability of the DEVELOPER, his
engineer, employees, officers or agents with respect to the construction of any of the
PROJECT’S improvements or facilities, or for the accuracy and competency of the
PROJECT’S improvements and facilities design and specifications prepared by the
DEVELOPER'S consulting engineer, his officers, agents, servants or employees, it
being the intent of the parties that the approval by the TOWN Engineer signifies the
TOWN'S approval on only the general design concept of the improvements and
facilities to be constructed. The DEVELOPER shall release, indemnify, defend and
hold harmless the TOWN, its officers, agents, servants and employees, from any
demands, actions, causes of action, obligations, loss, damage, liability or expense,
including attorneys fees and expenses, on account of or with respect to damage to
property and injuries, including death, to any and all persons which may arise out of
or result from any defect, deficiency or negligence in the construction of the
PROJECT’S public improvements and facilities or with respect to the
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Town Council 39 of 116 Meeting Date: January 17, 2011
DEVELOPER'S Engineer’s designs and specifications incorporated into any
improvements and facilities constructed in accordance therewith, and the
DEVELOPER shall defend at his own expense any suits or other proceedings
brought against the TOWN, its officers, agents, servants or employees, or any of
them, on account thereof, and pay all expenses and satisfy all judgments which may
be incurred or rendered against them or any of them in connection herewith. All
responsibility and liability for drainage to adjacent and downstream properties from
development of this PROJECT will accrue to the DEVELOPER.
D. Liability for construction. The DEVELOPER, its successors, permittees, permitted
assigns, vendors, grantees and/or trustees do hereby fully release and agree to
indemnify, hold harmless and defend the TOWN, its officers, agents, servants and
employees from all losses, damage liabilities, claims, obligations, penalties, charges,
costs or expenses of any nature whatsoever, for property damage, personal injury or
death, resulting from or in any way connected with this contract or the construction
of the improvements or facilities or the failure to safeguard construction work, or any
other act or omission of the DEVELOPER or its contractors or subcontractors, their
officers, agents, servants or employees related thereto.
E. Final Acceptance Of Infrastructure. The TOWN will not issue a Letter of
Acceptance until all public facilities and improvements are completely constructed
(Final Completion) to the satisfaction of the TOWN Engineer or his agent.
However, upon Substantial Completion, a “punch list” of outstanding items shall be
presented to the Developer’s contractor(s) indicating those outstanding items and
their deficiencies that need to be addressed for Final Completion of the
Improvements.
F. Neither this Agreement nor any part hereof or any interests, rights, or obligations
herein, shall be assigned by the DEVELOPER without the express written consent of
the TOWN Council.
G. All work performed under this AGREEMENT shall be completed within eighteen
months from the date hereof. In the event the work is not completed within the
eighteen (18) month period, the TOWN may, at its sole election, draw down or
otherwise exercise it rights under or with respect to any Guarantee provided by the
DEVELOPER and complete such work at DEVELOPER'S expense; provided,
however, that if the construction under this AGREEMENT shall have started within
the eighteen (18) month period, the TOWN may agree to renew the AGREEMENT
with such renewed AGREEMENT to be in writing and in compliance with the
TOWN policies in effect at that time. Notwithstanding the foregoing, in the event
that the performance by either party of any of its’ obligations or undertakings
hereunder shall be interrupted or delayed by any occurrence and not occasioned by
the conduct of either party hereto, whether such occurrence be an act of God or the
common enemy or the result of war, riot, civil commotion, or sovereign conduct,
then upon written notice of such occurrence, such party shall be excused from
performance for a period of time as is reasonably necessary after such occurrence to
Q:\P&Z\Trophy Club Commons\Developers Agreement
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Town Council 40 of 116 Meeting Date: January 17, 2011
remedy the effects thereof, and each party shall bear the cost of any expense it may
incur due to the occurrence.
H. This Subdivider's AGREEMENT shall be construed in accordance with the Town of
Trophy Club, Texas Subdivision Regulations and all other applicable ordinances.
Any conflicts between the provisions of this Subdivider’s AGREEMENT, the
TOWN'S Subdivision Regulations, Town Ordinances, and State and Federal law,
shall be construed in favor of the Town’s ordinance(s) as allowed by law, subject to
Chapter 245 of the Local Government Code. To the extent that any such conflict
exists, only that portion of the Subdivider’s AGREEMENT which is in conflict shall
be severable from the other provisions of the AGREEMENT, and such conflict shall
in no manner affect the validity or enforceability of the remaining provisions.
I. All rights, remedies and privileges permitted or available to the TOWN under this
AGREEMENT or at law or equity shall be cumulative and not alternative, and
election of any such right, remedy or privilege shall not constitute a waiver or
exclusive election of rights, remedies or privileges with respect to any other
permitted or available right, remedy or privilege. Additionally, one instance of
forbearance by the Town in the enforcement of any such right, remedy or privilege,
shall not constitute a waiver of such right, remedy or privilege by the Town. A
default under this Agreement by the TOWN shall not result in a forfeiture of any
rights, remedies, or privileges under this Agreement by the TOWN.
SIGNED AND EFFECTIVE on the date last set forth below.
DEVELOPER:
By:
Date:
By:
Project Manager
Date:
TOWN OF TROPHY CLUB:
By:
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Town Council 41 of 116 Meeting Date: January 17, 2011
Q:\P&Z\Trophy Club Commons\Developers Agreement
11
Mayor, TOWN of Trophy Club
ATTEST:
___________________________
Town Secretary, Town of Trophy Club
Date: ______________________
APPROVED AS TO FORM:
____________________________
Town Attorney, Town of Trophy Club
Town Council 42 of 116 Meeting Date: January 17, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-08-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/5/2011 Town Council
On agenda:Final action:1/17/2011
Title:Consider and take appropriate action to approve the First Modification to the Highlands at Trophy
Club, Neighborhood 8, Phase 1, Subdivider's Agreement by and between the Town and Lennar
Homes of Texas, and authorizing the Mayor or her designee to execute all necessary documents.
Attachments:Staff Report.pdf
First Modification.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action to approve the First Modification to the Highlands at Trophy Club, Neighborhood 8,
Phase 1, Subdivider's Agreement by and between the Town and Lennar Homes of Texas, and authorizing the Mayor or
her designee to execute all necessary documents.
Goals
Goal #2: Business-Friendly Community
Provide environment to retain/develop existing businesses
Promote new commercial opportunities
Create effective working relationships with developers and businesses
Goal #4: Picturesque Town
Maintain neat and tidy appearance
Improve property maintenance standards
Be recognized for our aesthetics
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
Goal #7: Environmentally Sound Community
Initiate Going Green Programs
Promote recycling
Evaluate environmental health
Promote environmentally conscious building standards
Develop long term plan for addressing drainage study results
Town Council 43 of 116 Meeting Date: January 17, 2011
STAFF REPORT
Modification to Subdivider’s Agreement – Neighborhood 8, Phase 1
Council approved a Subdivider’s Agreement for Neighborhood 8, Phase 1 in September
2010.
The Developer, Lennar Homes of Texas, is nearing "substantial completion" of the
infrastructure of Neighborhood 8. To obtain “final completion”, the Development must
construct the subdivision walls and sidewalks for both Phase 1 and Phase 2. The
Developer is requesting permission to build only the Phase 1 subdivision walls and
sidewalks, with those areas in Phase 2 to be built in the future when Phase 2 construction
takes place. If built now, the subdivision walls and sidewalks in the Phase 2 areas would
be damaged or destroyed when Phase 2 infrastructure is constructed.
The following modifications to the Subdivider’s Agreement for Neighborhood 8, Phase 1
are requested:
1) Developer shall build the subdivision wall and sidewalks along Trophy Park
Drive during Phase 2 construction; and
2) Developer shall build the subdivision wall and sidewalks along Trophy Club
Drive for only the platted portion of Phase 1. The remainder shall be built with
Phase 2 construction.
3) Grant early release of Twenty percent (20%) of the building permits for this
neighborhood prior to “Final Completion”, but not prior to “Substantial
Completion”. There are a total of 74 lots in this phase; twenty percent (20%)
represents fifteen (15) lots. Section E "Final Acceptance of Infrastructure" has
been revised to reflect this request. Lennar Homes of Texas must complete all
infrastructure construction, except the subdivision wall and sidewalks for Phase 1,
before early release will be granted.
RECOMMENDATION: Approve the Modifications to Subdivider’s Agreement,
Neighborhood 8, Phase 1, allowing construction of only Phase 1 Subdivision Walls
and Sidewalks, and allowing early release of 20% of the building permits for
Neighborhood 8, Phase 1.
Town Council 44 of 116 Meeting Date: January 17, 2011
THE STATE OF TEXAS §
§ First Modification of The Highlands
§ at Trophy Club
§ Neighborhood 8, Phase 1
§ Subdivider’s Agreement
§ Between the Town of Trophy Club,
§ Texas, and Lennar Homes of Texas
COUNTY OF DENTON §
THIS the First Modification of the AGREEMENT between the Town of Trophy
Club, Texas (hereinafter referred to as the "TOWN") and Lennar Homes of Texas acting
by and through its duly authorized representative (hereinafter referred to as the
"DEVELOPER"), and entitled “The Highlands at Trophy Club Neighborhood 8, Phase 1
Subdivider’s Agreement” for the installation of public improvements and facilities within
the TOWN limits of Trophy Club, Texas, for Neighborhood 8, Phase 1 of The Highlands
at Trophy Club is made and entered into on this the _____ day of ____________, 2011,
by and between TOWN and DEVELOPER (hereinafter “First Modification”).
W I T N E S S E T H :
WHEREAS, TOWN and DEVELOPER entered into the Highlands at Trophy Club
Neighborhood 8, Phase 1 Subdivider’s Agreement on or about
September 21, 2010 for the installation of certain public improvements in
Neighborhood 8, Phase 1 of the Highlands at Trophy Club (hereinafter
“Agreement”); and
WHEREAS, In January, 2011, the parties determined it necessary to modify the
Agreement in order to revise its terms as expressly set forth herein; and
WHEREAS, TOWN and DEVELOPER find such modifications as specifically set forth in
this First Modification to be necessary and to reflect their agreements and
further understand and agree that all other terms of the Agreement not
expressly modify by this First Modification shall remain the same;
NOW THEREFORE, IN CONSIDERATION of the foregoing, and for other good and
valuable consideration, the parties hereto agree as follows:
I.
Incorporation of Agreement
The Agreement is incorporated herein as if written word for word. Except as
specifically provided below, all other terms and conditions of the Agreement shall remain
unchanged and shall remain in full force and effect. In the event of any conflict or
Town Council 45 of 116 Meeting Date: January 17, 2011
inconsistency between the provisions set forth in this First Modification and the
Agreement, priority of interpretation shall be in the following order: First Modification;
Agreement.
II.
Modification of Contract
2.01 Modification of Section I, Subsection J. Effective as of the day and year first
written above, Subsection J listed under Section I of the Agreement entitled “General
Requirements” is hereby modified so that the Subsection J shall be and read in its
entirety as follows:
J. Upon TOWN’S approval and acceptance of the final plat and the engineering
plans, the final plat shall be recorded with the County Clerk of Denton
County. Except as specifically provided herein, no building permits shall be
issued for any lots on/in the Project until the final plat is filed and the public
improvements and facilities specified herein are completed and accepted by
the TOWN.
2.02 Modification of Section I, Subsection O. Effective as of the day and year first
written above, Subsection O listed under Section I of the Agreement entitled “General
Requirements” is hereby modified so that the Subsection O shall be and read in its
entirety as follows:
O. The DEVELOPER is encouraged not to convey title of any lots of the
PROJECT, until all construction in respect to the PROJECT required in Section
II is complete and the TOWN has approved and accepted the work and
improvements in respect thereof. The DEVELOPER understands that, except
as specifically provided herein, the TOWN will issue no building permits for
improvements on any lot in the Project until all public improvements and
facilities in respect to the Project are completed in accordance with this
Agreement. Further, DEVELOPER agrees to inform all persons or entities
purchasing the lots or any interest in the lots that, except as specifically
provided herein, TOWN will not issue any building permits until all public
improvements and facilities are completed in accordance with this Agreement.
2.03 Modification of Section II, Subsection A. Effective as of the day and year first
written above, Subsection A listed under Section II of the Agreement entitled “Public
Improvements And Facilities To Be Constructed” is hereby modified so that Subsection
A shall be and read in its entirety as follows:
Town Council 46 of 116 Meeting Date: January 17, 2011
II. PUBLIC IMPROVEMENTS AND FACILITIES TO BE CONSTRUCTED
A. The following public improvements and facilities are to be constructed and
completed in accordance with the approved plans and specifications as
described in Attachment “B”:
1) Water Distribution System.
2) Sanitary Sewer System.
3) Drainage and Storm Sewer System.
4) Street Paving.
5) Landscaping.
6) Fences/Walls/Retaining Walls – During Phase 2 of the development of
Neighborhood 8, Developer shall build a Subdivision Wall along Trophy
Park Drive that shall have the same masonry materials and architectural
style as the existing Subdivision wall for Neighborhood 7. Developer shall
build a Subdivision Wall along Trophy Club Drive extending along the
platted portion of Phase 1 of Neighborhood 8, and shall match the same
masonry materials and architectural style as the Subdivision wall built
along Trophy Club Drive for Neighborhood 6. The remainder of the
Subdivision Wall shall be built during the construction of Phase 2 of
Neighborhood 8. Homeowners Association shall maintain Subdivision
Walls, Sidewalks, Grass and Landscaping, and irrigation for grass and
landscaping from wall to street (including right-of-way) along both Trophy
Park Drive and Trophy Club Drive.
7) Signs – All signs shall comply with Sign Regulations.
8) Driveways and Walkways – Developer shall install Sidewalks along
Trophy Club Drive for the platted portion of Phase 1 of Neighborhood 8;
the remainder of sidewalk shall be built with Phase 2 of Neighborhood 8.
There is an existing sidewalk/trail (6-ft. wide sidewalk) on north side of
Trophy Park Drive and the Developer shall connect to the existing trail at
Phase 2.
9) Lights – Street lights shall be installed as designated on a street light
layout plan approved by Town and submitted to Oncor.
10) Homeowners Association shall maintain all common areas in
Neighborhood 8, Phase 1; the common area is designated as 5.318 acres
of “Common Area and Drainage Easement” identified on the Final Plat as
Lot 1, Block J.
11) Parkland Dedication requirement for this subdivision was satisfied with
the parkland dedicated as part of PD-27, Ordinance No. 2007-15 P&Z.
2.04 Modification of Section III, Subsection A. Effective as of the day and year first
written above, Subsection E entitled “Final Acceptance of Infrastructure” listed under
Section III of the Agreement entitled “General Provisions” is hereby modified so that
Subsection E shall be and read in its entirety as follows:
E. The TOWN will not issue a Building Permit for any lot until the public facilities
and improvements identified in Items 1, 2, 3, 4, 7, and 9, of Section II (A)
above (hereinafter collectively referred to as “Partial Improvements”) are
Town Council 47 of 116 Meeting Date: January 17, 2011
constructed in accordance with the stamped Construction Plans previously
submitted by DEVELOPER and approved by TOWN. Upon determination by
TOWN or its designee that the Partial Improvements have been completed in
accordance with approved plans, Town shall provide written notice of its
determination to DEVELOPER (hereinafter “Final Completion”). (hereinafter
“Final Acceptance”). Prior to Final Completion, upon determination by TOWN
that the Partial Improvements meet requirements for Substantial Completion, a
“punch list” of outstanding items shall be presented to DEVELOPER and
DEVELOPER’S contractor(s). The punch list shall identify outstanding and/or
deficient items that need to be addressed for Final Completion of the Partial
Improvements.
Upon Final Completion of the Partial Improvements and in accordance with
the terms of this section, the Town agrees to accept applications, and upon
compliance with all applicable requirements for the issuance of a building
permit, to issue Building Permits for a maximum of fifteen (15) homes
proposed to be constructed in the PROJECT. The Town agrees to process
such permit applications based upon date and time of the filing of each permit
application; provided however that permits shall only be issued for the first
fifteen (15) applications for Building Permits that meet all requirements of
applicable regulations and for which all applicable fees are timely paid.
DEVELOPER shall complete Items 5, 6, and 8, listed in Paragraph II (A)
herein (referred to in this paragraph as “Improvements” within ninety (90) days
of TOWN’S final acceptance of the Partial Improvements. Upon Substantial
Completion, a “punch list” of outstanding items shall be presented to the
Developer’s contractor(s) indicating those outstanding items and the
deficiencies that need to be addressed for Final Completion of the
Improvements for this PROJECT. The TOWN shall not issue a Letter of
Acceptance or certificates of occupancy for this PROJECT until all public
facilities and improvements listed in Paragraph II (A) of this Agreement are
completely constructed to the satisfaction of the TOWN or its designee and in
accordance with the stamped approved Construction Plans.
IN WITNESS WHEREOF, this First Modification shall become effective upon the date
first written above, upon the date of approval of this First Modification by each of the
parties hereinto in accordance with the law.
TOWN OF TROPHY CLUB, TEXAS
Date: ______________ ______________________________
Connie White, Mayor
Town Council 48 of 116 Meeting Date: January 17, 2011
ATTEST:
Shannon DePrater, Town Secretary
APPROVED AS TO FORM:
___________________________________
Patricia A. Adams, Town Attorney
DEVELOPER:
By:
Date:
By:
Project Manager
Date:
Town Council 49 of 116 Meeting Date: January 17, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-681-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/27/2010 Town Council
On agenda:Final action:1/3/2011
Title:Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas,
amending the Code of Ordinances of The Town by adding Article XVII entitled “Code of Ethics and
Conduct” to Chapter 1 entitled “Administration” of the Code of Ordinances by adopting an Ethics
Policy, establishing an Ethics Commission, and providing for the disposition of alleged violations;
providing a penalty; and providing an effective date.
Attachments:ORD 2011-03 - Code of Ethics & Conduct.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas, amending the Code of
Ordinances of The Town by adding Article XVII entitled “Code of Ethics and Conduct” to Chapter 1 entitled
“Administration” of the Code of Ordinances by adopting an Ethics Policy, establishing an Ethics Commission, and
providing for the disposition of alleged violations; providing a penalty; and providing an effective date.
Goals
Goal #1: Safe and secure community.
Maintain Trophy Club’s Low crime rate
Increase positive visibility through community policing initiatives
Provide superior Emergency Services
Increase citizen involvement
Town Council 50 of 116 Meeting Date: January 17, 2011
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE 2011 - 03
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE TOWN OF TROPHY
CLUB BY ADDING ARTICLE XVII ENTITLED “CODE OF ETHICS AND
CONDUCT” TO CHAPTER 1 ENTITLED “ADMINISTRATION” OF THE
CODE OF ORDINANCES; PROVIDING FOR THE INCORPORATION OF
PREMISES; PROVIDING FOR AN AMENDMENT ADOPTING AN
ETHICS POLICY, ESTABLISHING AN ETHICS COMMISSION AND
PROVIDING FOR DISPOSITION OF ALLEGED VIOLATIONS;
PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas is a Home Rule Town acting under
its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, at a Special Election held in accordance with Ordinance 2009-07,
within the Town of Trophy Club, Texas, on the 9th day of May, 2009, more than a
majority of the duly qualified resident electors of the Town of Trophy Club, voting in the
Special Election, voted in favor of the approval and adoption of various amendments to
the Home Rule Charter for the Town of Trophy Club, Texas; and
WHEREAS, on the 18th day of May, 2009, the Town Council of the Town of
Trophy Club adopted Ordinance 2009-12 canvassing the returns of the Special Election
and declaring that the Charter had been so amended in accordance with the official
results of the Special Election and the Order of the Special Election, and thereby
approved and adopted amendments to the Home-Rule Charter of the Town of Trophy
Club; and
WHEREAS, a Code of Ethics and Conduct, and an Ethics Commission
amendment were included in Ordinance 2009-07 and Ordinance 2009-12; and
WHEREAS, the Code of Ethics and Conduct, and Ethics Commission
amendment requires an ethics and conduct ordinance be adopted by the Town Council;
and
WHEREAS, the Code of Ethics and Conduct, and Ethics Commission
amendment requires an ethics and conduct ordinance be applicable to elected officers,
appointed boards, commissions, committee members, and employees of the Town; and
WHEREAS, the Code of Ethics and Conduct, and Ethics Commission
amendment requires establishment of an independent Ethics Commission; and
Town Council 51 of 116 Meeting Date: January 17, 2011
WHEREAS, statutory provisions governing the ethical conduct of public officials
and employees are found in various codes including the Texas Local Government
Code, Texas Government Code and the Texas Penal Code; and
WHEREAS, the conduct of the public business should be accomplished by Town
Officials, appointees and employees that have no personal financial interest in such
business clearly separate from that of the general public; and
WHEREAS, it is important that Town Officials, candidates, appointees and
employees be provided with a process and procedure to give notice and to then refrain
from participation in any specific business of the Town in which such Official has a
personal financial interest different from that of the general public; and
WHEREAS, a reasonable ethics ordinance with disclosure requirements will
provide a basis for continuing public confidence in the conduct of the business and
affairs of the Town;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT – ADOPTION OF ARTICLE XVII OF CHAPTER 1
2.01 Article XVII entitled “Code of Ethics and Conduct” of Chapter 1, entitled
“Administration” of the Code of Ordinances of the Town of Trophy Club is hereby
adopted and shall read in its entirety as follows:
“SECTION 17.01. POLICY/ APPLICABILITY
A. Policy. It is hereby declared to be the policy of the Town that the proper operation
of democratic government requires that Town Officials, Candidates, Appointees, and
Employees be independent, impartial and responsible to the people of the Town;
that governmental decisions and policy be made in the proper channels of the
governmental structure; that no Town Official, Candidate, Appointee, or Employee
have any interest, financial or otherwise, direct or indirect, or engage in any
business, transaction or professional activity or incur any obligation of any nature
which is in conflict with the proper discharge of his duties in the public interest; that
public office and public employment are positions of public trust imposing the duty of
Town Council 52 of 116 Meeting Date: January 17, 2011
a fiduciary upon all employees and officeholders, who are not to use their public
position for personal gain; and that the public should have confidence in the integrity
of its government.
B. Applicability. To implement this policy, the Town Council enacts this Code of
Ethics and Conduct for all Town Officials, Candidates, Appointees and Employees,
whether elected or appointed, paid or unpaid, to serve not only as a guide for official
conduct of the Town's public servants, but also as a basis for discipline for those
who refuse to abide by its terms. The provisions of this Article shall not apply to
political contributions, loans, expenditures, reports or regulation of political
campaigns, or the conduct of Candidates in such campaigns, except as expressly
provided herein.
17.02. PRINCIPLES OF CONDUCT
A. Values. The Town Council further believes that Town Officials, Candidates,
Appointees and Employees require a public trust and should recognize the
importance of high ethical standards within the organization they lead or support.
Essential values and ethical behaviors that Town officials, Candidates, Appointees
and Employees should exemplify include the following:
1. Commitment beyond self.
2. Obedience and commitment beyond the law.
3. Commitment to the public good.
4. Respect for the value and dignity of all individuals.
5. Accountability to the public.
6. Truthfulness.
7. Fairness.
8. Responsible application of resources.
B. Conduct. In keeping with the values set forth in Section 17.02(A) of this section and
to assist in the fulfillment of responsibilities to the individuals and communities
served, each Town Official, Candidate, Appointee and Employee should:
1. Conduct himself and operate with integrity and in a manner that merits the trust
and support of the public.
2. Uphold all applicable laws and regulations, going beyond the letter of the law to
protect and/or enhance the Town's ability to accomplish its mission.
Town Council 53 of 116 Meeting Date: January 17, 2011
3. Treat others with respect, doing for and to others what the Town official,
candidate, appointee or employee would have done for and to himself in similar
circumstances.
4. Be a responsible steward of the taxpayer resources.
5. Take no actions that could benefit the Town Official, Candidate, Appointee or
Employee personally at the unwarranted expense of the Town, avoiding even the
appearance of a conflict of interest, and exercise prudence and good judgment at
all times.
6. Carefully consider the public perception of personal and professional actions and
the effect such actions could have, positively or negatively, on the Town's
reputation both in the community and elsewhere.
7. Strive for personal and professional growth to improve effectiveness as an
elected or appointed Town official, candidate, appointee or employee.
C. Interpretation. Section 17.02 is a statement of principles only. Nothing in this
section may be used to create a cause of action against an elected or appointed
Town official, candidate, appointee or employee under this article.
17.03. DEFINITIONS
A. Appointee. A person appointed or confirmed by the Mayor or Town Council;
provided however for the purposes of this definition, the term “appointee” does not
include Municipal Judges.
B. Business Entity. A corporation, partnership, sole proprietorship, firm, enterprise,
franchise, association, organization, self-employed individual, holding company, joint
stock company, receivership, trust, or any other entity recognized by law. .
C. Candidate. A person who declares for or files for any office of the Town to be filled
by election.
D. Clear and Convincing Evidence. Evidence that is legally and factually sufficient
such that a fact-finder could reasonably form a firm belief or conviction that the
allegation is true.
E. Compensation. Any economic benefit received in return for labor, services,
property, or investment.
F. Economic Benefit. Any money, real or personal property, purchase, sale, lease,
contract, option, credit, loan, discount, service, or other tangible or intangible thing of
value, whether similar or dissimilar to those enumerated.
Town Council 54 of 116 Meeting Date: January 17, 2011
G. Employee. A person employed by the Town, including those individuals on a part-
time basis, excluding independent contractors.
H. Family Member(s). A person related to a Town Official, Candidate, Appointee, or
Employee in the first degree by consanguinity (blood) or affinity (marriage) as
determined under the Texas Government Code.
I. Gift. A favor, hospitality, or economic benefit other than compensation but which
does not include campaign contributions reported as required by State law, gifts
received from a relative if given on account of kinship, or any value received by will,
intestate succession, or as a distribution from an inter vivos or testamentary trust
established by a spouse or ancestor.
J. Income. Economic benefit received.
K. Intentionally. A person acts intentionally, or with intent, with respect to the nature
of his conduct or to a result of his conduct when it is his conscious objective or
desire to engage in the conduct or cause the result.
L. Knowingly. A person acts knowingly, or with knowledge, with respect to the nature
of his conduct or to circumstances surrounding his conduct when he is aware of the
nature of his conduct or that the circumstances exist. A person acts knowingly, or
with knowledge, with respect to a result of his conduct when he is aware that his
conduct is reasonably certain to cause the result.
M. Substantial Interest.
1. A person has a substantial interest in a Business Entity if:
a. The interest is ownership of ten percent or more of the voting stock or shares
of the business entity or ownership of either ten percent or more or $5,000.00
or more of the fair market value of the business entity; or
b. Funds received by the person from the business entity exceed ten percent of
the person's gross income for the previous year; or
c. The person holds a position of member of the board of directors or other
governing board of the business entity; or
d. The person serves as an elected officer of the business entity; or
e. The person is an employee of the business entity; or
f. The person is a creditor, debtor or guarantor of the business entity in the
amount of $5,000.00 or more; or
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g. Property of the person has been pledged to the business entity or is subject
to a lien in favor of the business entity in the amount of $5,000.00 or more.
2. A person does not have a substantial interest in a Business Entity if:
a. The person holds a position as a member of the board of directors or other
governing board of a Business Entity or governmental body; and
b. The person has been designated by the Town Council to serve on such
board; and
c. The person receives no remuneration, either directly or indirectly, for his or
her service on such board; and
d. The primary nature of the business entity is either, charitable, nonprofit or
governmental.
3. A person has a substantial interest in real property if the interest is an equitable
or legal ownership interest with a fair market value of $2,500.00 or more.
4. A person has a substantial interest under this Article if the person's Family
Member has a substantial interest under this Article.
N. Town Official. The Mayor, members of the Town Council, the Town Manager, the
Town Attorney, the Town Secretary, Judges of the Municipal Court, and individuals
acting in the capacity of the aforementioned persons.
17.04. STANDARDS OF CONDUCT
A. Prohibited Acts. No Town Official, Candidate, Appointee or Employee, or their
Family Member shall knowingly or intentionally:
1. Accept or solicit any gift, favor, service or thing of value from any person, group
or business entity, including a promise of future employment, that might
reasonably tend to influence him in the discharge of his official duties or that the
Town Official, Candidate, Appointee or Employee knows or should know is being
offered with the intent to influence the official conduct of the Town Official,
Candidate, Appointee or Employee . This prohibition shall not apply to:
a. An occasional non-pecuniary gift, insignificant in value; or
b. An award publicly presented in recognition of public service; or
c. Any gift which would have been offered or given to the Town Official,
Candidate, Appointee or Employee or a Family Member if he/she were not a
Town Official, Candidate, Appointee, Employee, or Family Member; or
Town Council 56 of 116 Meeting Date: January 17, 2011
d. Any travel and related expenses to attend ceremonial functions, provided that
such acceptance and attendance have been approved by the Town Council
prior to the occurrence of the ceremonial function.
2. Grant in the discharge of his official duties any improper favor, service or thing of
value to any person, group or business entity;
3. Disclose any confidential information gained by reason of the position of the
Town Official, Candidate, Appointee or Employee concerning property,
operations, policies or affairs of the Town, or use such confidential information to
advance any personal interest, financial or otherwise, of such Town Official,
Candidate, Appointee or Employee, Family Members or third parties. This
subparagraph shall not preclude disclosure of such confidential information in
connection with any investigation or proceeding regarding whether there has
been a violation of the standards of conduct set forth in this Article.
4. Use one's position or office of employment or Town facilities, personnel,
equipment or supplies to secure special privileges or exemptions for himself
Family Members or third parties or for the private gain of the Town Official,
Candidate, Appointee, Employee, or his Family Members or third parties.
5. Engage in any exchange, purchase or sale of property, goods or services with
the Town, except:
a. Rendering services to the Town as a Town Official, Candidate, Appointee or
Employee;
b. Paying taxes, fines, utility service or filing fees;
c. Executing and performing any developer's agreement or plat in compliance
with laws and regulations applicable to any person; provided, however, that if
any Town ordinance, rule or regulation allows any discretion by the
appropriate Town Official, Appointee or Employee in the interpretation or
enforcement of such ordinance, rule or regulation, any such discretion shall
be exercised in favor of the Town in connection with any such developer's
agreement or plat;
d. Appointees who are not also Town Officials or Employees of the Town, may
engage in any exchange, purchase or sale of property, goods or services with
the Town, or enter into a contract with the Town, provided that the board on
which they are a member has no advisory function. Involvement, or decision
making authority, either direct or indirect, present or prospective, with respect
to the transaction in which such Appointee engages or proposes to engage.
6. Hold himself out as representing the Town in any capacity other than that for
which he was appointed, elected or hired.
Town Council 57 of 116 Meeting Date: January 17, 2011
7. Engage in or accept private employment or render a service when such
employment or service is incompatible with the proper discharge of his official
duties or would tend to impair his independent judgment in the performance of
official duties.
8. Make or permit the unauthorized use of Town owned vehicles, equipment,
materials or property.
9. Grant any special consideration, treatment or advantage to any citizen beyond
that which is available to every other citizen.
10. After termination of service or employment with the Town, appear before any
board or commission of the Town in relation to any case, proceeding or
application in which he personally participated or which was under his active
consideration, during the period of his service or employment.
11. Transact any business in his official capacity with the Town with a Business
Entity in which he has a Substantial Interest.
12. Perform or refuse to perform any act in order to deliberately thwart the execution
of Town ordinances, rules or regulations or the achievement of official Town
programs.
17.05. DISCLOSURE OF INTEREST
A. Disclosure Vote Not Allowed. Except as expressly provided in paragraph B of this
Section, if a Town Official, Candidate, Appointee or Employee has a Substantial
Interest in a Business Entity or real property involved in a matter pending before
such Town Official, Candidate, Appointee or Employee, or the body of which he is a
member, such Town Official, Candidate, Appointee or Employee shall disclose such
interest as provided in Section 17.05(C) below and shall not vote or discuss the
substance of the matter at any time with any other member of the board of which he
is a member or any other body which will vote on or otherwise participate in the
consideration of the matter.
B. Disclosure Vote Allowed. If any of the following interests are involved in any
matter pending before any Town Official, Candidate, Appointee or Employee, or the
body of which he is a member, such Town Official, Candidate, Appointee or
Employee shall disclose such interest as provided in Section 17.05(C) below, but he
shall be permitted to vote on and participate in the consideration of such matter:
1. A matter concerning a bank or other financial institution from which the Town
Official, Candidate, Appointee or Employee has a home mortgage, automobile
loan, or other installment loan, if the loan is not currently in default, was originally
Town Council 58 of 116 Meeting Date: January 17, 2011
for a term of more than two (2) years and cannot be accelerated except for failure
to make payments according to the terms thereof:
2. A matter concerning a bank or other financial institution in which the Town
Official, Candidate, Appointee or Employee holds a savings account, checking
account or certificate of deposit and which is fully insured by the U. S.
government or an agency thereof;
3. A matter concerning a business entity with which the Town Official, Candidate,
Appointee or Employee has a retail or credit card account;
4. A matter concerning the approval of substitution of collateral by a Town
depository bank:
5. A matter concerning real property or a business entity in which the Town Official,
Candidate, Appointee or Employee has a Substantial Interest if the action on the
matter would not have a special economic effect on the value of the property or
business entity, distinguishable from the effect on the public.
C. Affidavit and Reporting Requirement. A Town Official, Appointee or Employee
shall disclose the existence of a Substantial Interest in a Business Entity or real
property involved in any matter pending before such Town Official, Candidate,
Appointee or Employee, or the body of which he is a member or serves as the staff
liaison. To comply with this paragraph, a Town Official, Appointee or Employee shall,
prior to any discussion or determination of the matter, file an affidavit of disclosure
as required by Section 171.004 of the Texas Local Government Code, as amended,
with the Town Secretary. To comply with Section 17.05 (B) a Town Official,
Employee or Appointee shall publicly disclose in the official minutes of the body the
nature of his interest. To comply with this paragraph, an Employee shall notify the
Town Manager or his designee in writing of the nature of any Substantial Interest
that he or a Family Member has in a Business Entity or real property which would be
affected by an exercise of discretionary authority by the Employee and such matter
shall be regulated in accordance with Town policies and procedures.
17.06. ETHICS REVIEW COMMISSION
A. Commission Established. An Ethics Review Commission (Commission) is hereby
established to be composed of seven (7) members, all of whom shall reside in the
Town.
B. Council Appointment. Each Commission member shall be appointed by majority
vote of the Town Council and shall occupy a position on the Commission, such
positions being numbered 1 through 7.
C. Term of Office. The Commission members shall be appointed to three (3) year
staggered terms. Positions 1 and 2 shall serve an implementation term which shall
Town Council 59 of 116 Meeting Date: January 17, 2011
expire on September 30 of 2012. Positions 3 and 4 shall serve an implementation
term which shall expire on September 30 of 2013. Positions 5, 6, and 7 shall serve
an implementation term which shall expire on September 30 of 2014. After each
such implementation term expires, the term of office for each position shall be three
(3) years. No member shall serve for more than two (2) consecutive full terms.
Implementation terms shall not be counted as full terms.
D. Vacancies. All vacancies shall be filled for the unexpired term. A member shall hold
office until his successor has been appointed by the Town Council and shall
continue to hold office after his successor has been appointed by the Town Council
for the limited purpose of the disposition of all complaints filed during that member's
term. No new member may participate in a decision regarding a complaint initiated
or filed prior to the expiration of the previous member’s term, but new members shall
accomplish the duties of office with respect to all complaints initiated or filed after the
previous member's term.
E. Chair and Vice-Chair. The Commission shall elect a chairman and a vice-chairman
to serve one (1) year terms. The vice-chairman shall act as chairman in the absence
of the chairman.
F. Quorum. Four (4) or more members of the Commission shall constitute a quorum,
and no action of the Commission shall be of any force or effect unless it is adopted
by the favorable vote of four (4) or more members.
G. Meetings. The Commission shall meet at least once a year to review this Article
and may make recommendations to the Town Council for amendments hereto.
H. Advisory Opinions. The Commission shall render advisory opinions on potential
conflicts of interest or violation of this Article at the request of a Town Official,
Candidate, Appointee or Employee subject to the terms of this Article. Such advisory
opinion shall be rendered within a reasonable time, but in no event later than thirty
(30) days after a request is received by the Commission. A copy of an advisory
opinion issued to an Employee shall be forwarded to the Town Manager. A copy of
an advisory opinion issued to an Appointee shall be forwarded to the Town Council.
I. Advisory Opinion – Defense. It shall be a defense to an alleged violation of this
Article that the person accused previously requested an advisory opinion of the
Commission and acted on such opinion in good faith, unless material facts were
omitted or misstated by the person requesting the opinion. Such advisory opinion
shall also be binding on the Commission in any subsequent charges concerning the
person requesting the opinion.
J. Legal Counsel. Independent legal counsel shall be utilized to advise the
Commission and participate in hearings. The Town Council shall annually designate
and retain independent counsel who shall be a duly licensed attorney in the State of
Texas.
Town Council 60 of 116 Meeting Date: January 17, 2011
K. Jurisdiction. The Commission shall have jurisdiction to review and make findings
concerning an alleged violation of this Article by a person subject to its provisions, if
a written complaint meeting the requirements set forth herein is timely filed in
accordance with Section 16.07(C) of this Article.
17.07. DISPOSITION OF ALLEGED VIOLATIONS
A. Form and Content of Complaint. In order to initiate a complaint under this Article,
a complainant shall submit a written sworn complaint to the Town Secretary which
shall be notarized and shall be in the form specified below. A sworn complaint shall
be based upon personal knowledge, shall allege a violation (s) of this Article, shall
specify the provision(s) of this Article alleged to have been violated, and shall name
the Town Official, Candidate, Appointee, or Employee being charged.
THE STATE OF TEXAS:
COUNTY OF DENTON:
TO: THE ETHICS REVIEW COMMISSION
OF THE TOWN OF TROPHY CLUB, TEXAS:
COMES NOW (complainant), and makes this complaint, UPON HIS/HER
PERSONAL KNOWLEDGE AND UNDER OATH against (name of person
complained against), and would show the Commission that: On or about the
_______ day of ________________, ___,(insert date of the action, or omission,
complained of) _____________________________________________, (name of
person complained against) a/an (insert appropriate designation; Town Official,
Candidate, Appointee, or Employee) of the Town of Trophy Club, Texas, violated the
following provision(s) of Code of Ethics and Conduct Ordinance, Town of Trophy
Club, Texas, to wit: (Specify by Section, Subsection and Paragraph number the
provision(s) alleged violated.) by committing the following act, or omission, to wit:
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
By the making and filing of this affidavit, I certify under oath that the statements
contained herein are true and correct.
(Original signature and executed Notary block must be included.)
B. Consideration of Complaints. Upon the filing of a written sworn complaint meeting
the requirements of this Section with the Town Secretary’s office, or on its own
initiative as expressly allowed herein, the Commission shall consider possible
violations of this Article by Town Officials, Candidates, Appointees and Employees.
C. Timely Filing Required. As a condition precedent to Commission consideration of
a complaint, such complaint shall be timely filed. A complaint alleging a violation of
this article shall be filed with the Town Secretary within one (1) year after the date of
the alleged violation in order to be considered timely. Each of the following
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complaints shall be deemed untimely filed and shall be returned to the complainant:
(1) a complaint alleging a violation that occurred before the effective date of this
Article, (2) a complaint alleging a violation that occurred more than one (1) year
before the date that the complaint is filed; and (3) a complaint filed within the period
beginning on the 60th day prior to the first date of early voting for a Town election
and ending on the later of the regular election date or runoff election date for such
election.
D. False Statements Notification. The Town Secretary shall, in writing, advise the
person filing a complaint that falsely accusing someone of a violation of this article
may result in criminal prosecution, under penalty of perjury, of anyone who
knowingly makes a false accusation. The Town Secretary shall, in writing, advise
the person charged in the complaint that falsely responding to a complaint may
result in criminal prosecution, under penalty of perjury, of anyone who knowingly
makes a false response.
E. Processing of Complaint/Notification – Third Party. Not later than three (3)
business days after the Town Secretary receives a sworn complaint, the Town
Secretary shall acknowledge the receipt of the complaint to the complainant, and if
the complaint is timely filed, shall provide a copy of the complaint to the Town
Attorney, the independent counsel, the Commission and the person complained
against. If a complaint is not timely filed, it shall be returned to the complainant. Not
later than ten (10) business days after the Commission receives a complaint, the
Commission shall notify in writing both the person who made the complaint and the
person complained against of a date for a preliminary hearing. If the Commission
does not hold a preliminary hearing within twenty (20) business days of receipt of the
complaint, it shall notify the person who made the complaint and the person
complained against of the reasons for the delay and shall subsequently give the
appropriate notifications to all parties.
F. Commission Initiated Complaint. The Commission may consider possible
violations of this Article on its own initiative. A complaint shall be deemed filed on the
initiative of the Commission if the complaint is signed and sworn to by two (2)
members of the Commission, one of which is the Chair of the Commission, after
consultation with the legal counsel of the Commission. A complaint filed by an
individual member of the Commission shall be deemed to have been filed in the
Commission member’s capacity as a private citizen and, in such event, the member
of the Commission filing the complaint shall not thereafter participate in any
Commission meeting at which such complaint is considered except as the
complainant. Within seven (7) business days of the Commission’s decision to
consider a self initiated complaint , the Commission shall draft a written complaint
specifying the provision(s) of this Article alleged to have been violated, shall file a
copy with the Town Secretary, and shall provide a copy to the Town Attorney, the
independent counsel, and the person complained against. Not later than fifteen (15)
business days after the drafting of the complaint, the Commission shall notify in
writing the person complained against of the date for the preliminary hearing.
Town Council 62 of 116 Meeting Date: January 17, 2011
G. Communications of Commission Members. After a complaint has been filed and
during the pendency of a complaint before the Commission, a member of the
Commission may not communicate directly or indirectly with any party or person
about any issue of fact or law regarding the complaint, except at a meeting of the
Commission; provided that a member may consult with the attorney or the Town
Manager or his designee for the Commission as to process, procedure and legal
issues. Ex parte communications by or to members of the Commission are
prohibited.
H. Disclosure of Information Prohibited. No Town Official, Candidate, Appointee, or
Employee shall reveal information relating to the filing or processing of a complaint,
except as required for the performance of official duties or as required by law. All
papers and communications relating to a complaint shall be treated as confidential
unless required to be made public under the Public Information Act, court order, or
other applicable law.
I. Preliminary Hearing. A preliminary hearing shall be conducted in accordance with
the following:
1. As soon as reasonably possible, but in no event more than sixty (60) days after
receiving or initiating a complaint, the Commission shall conduct a preliminary
hearing. The issue at a preliminary hearing shall be the existence of reasonable
grounds to believe that a violation of this Article has occurred. The person filing a
complaint, or the independent counsel in cases considered upon the
Commission’s own initiative, shall state the alleged violation and shall describe in
narrative form the testimony and other evidence which would be presented to
prove the alleged violation as stated in the written complaint. Statements at a
preliminary hearing shall be under oath, but there shall be no cross examination
or requests for persons or evidence issued for the hearing. Members of the
Commission may question the complainant, the independent counsel for the
Commission, or the Town Official, Candidate, Appointee or Employee named in
the complaint. The Town Official, Candidate, Appointee or Employee named in
the complaint may not be compelled to give evidence or testimony that violates
his right against self-incrimination under the United States or the Texas
Constitution.
2. The Town Official, Candidate, Appointee or Employee named in the complaint
shall have the opportunity to respond, but is not required to attend or make any
statement. The Town Official, Candidate, Appointee or Employee may describe
in narrative form the testimony and other evidence which would be presented to
disprove the alleged violation.
3. The complainant and the Town Official, Candidate, Appointee or Employee
named in the complaint shall have the right of representation by counsel paid for
at his own expense.
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4. At the conclusion of the preliminary hearing, the Commission shall decide
whether a final hearing should be held. If the Commission determines that there
are reasonable grounds to believe that a violation of this Article has occurred, it
shall schedule a final hearing. If the Commission does not determine that there
are reasonable grounds to believe that a violation of this Article has occurred, the
complaint shall be automatically dismissed. A decision to conduct a final hearing
is not a finding that a violation has occurred. Notwithstanding the foregoing, the
Commission may proceed to determine the appropriate sanction if the charged
Town Official, Candidate, Appointee, or Employee does not object and admits
the charged violation, and the Commission determines that there are no fact
issues to be resolved.
5. The Commission, at any time during the preliminary hearing, may also dismiss a
complaint if the complaint does not allege conduct which would be a violation of
this article. Before a complaint is dismissed for failure to allege a violation, the
complainant shall be permitted one opportunity, within ten (10) days of such
preliminary hearing, to revise and resubmit the complaint.
6. At the preliminary hearing or at least fifteen (15) business days prior to the final
hearing, the complainant, the Town Official, Candidate, Appointee or Employee
named in the complaint may request that the Commission summon certain
persons and evidence for a final hearing, if one is scheduled.
J. Final Hearing. A final hearing shall be conducted in accordance with the following:
1. The final hearing shall be held as expeditiously as possible following the
preliminary hearing at which a determination was made by the Commission that
there are reasonable grounds to believe that a violation of this Article occurred,
but in no event shall it be held more than thirty (30) days after such
determination. The Commission may grant two (2) postponements of the Final
Hearing, not to exceed fifteen (15) days each, upon the request of the Town
Official, Candidate, Appointee or Employee named in the complaint.
2. The issue at a final hearing shall be whether a violation of this Article has
occurred. The Commission shall make its determination based on a Clear and
Convincing Evidence standard of proof and may only consider evidence properly
admitted into the record at the final hearing. All witnesses shall make their
statements under oath. If the Commission determines that a violation has
occurred, it shall state its findings in writing, shall identify the particular
provision(s) of this Article which have been violated, and within five (5) business
days shall deliver a copy of its findings to the complainant, if any, the person
named in the complaint and the Town Secretary.
3. If a complaint proceeds to a final hearing, the Commission shall summon in
writing witnesses for which it has received a written request from the complainant
or from the Town Official, Candidate, Appointee or Employee named in the
Town Council 64 of 116 Meeting Date: January 17, 2011
complaint provided that such the requesting party shows good cause for the
request and the request is timely submitted in accordance with Section
17.07(I)(5). Such written summons shall be served by a constable at least ten
(10) days before the date of the final hearing. Additionally, the Commission may
administer oaths and affirmations, may take evidence and may request the
production of books, papers, records, or other evidence needed for the
performance of the Commission's duties or exercise of its powers, subject to the
limitations of the kind provided for discovery under the Texas Rules of Civil
Procedure. It shall be a violation of this Article for a person to fail to appear and
testify before the Commission in response to a written summons served ten (10)
days or more prior to the scheduled time and date of final hearing.
Notwithstanding the foregoing, no Town official, candidate, appointee or
employee named in a complaint or witness may be compelled to give evidence or
testimony that violates his/her right against self-incrimination under the United
States or the Texas Constitution.
K. Sanctions. The following sanctions are available:
1. If the Commission determines that a violation of this Article has occurred, it shall
proceed directly to determination of the appropriate sanction(s). A violation of this
Article shall not be subject to criminal penalties under the Town Code of
Ordinances, except for the two instances specifically provided for in Section
17.07(J)(3) and Section 17.10 of this Article. The Commission may receive
additional testimony or statements before determining sanctions, but is not
required to do so. If the Town Official, Candidate, Appointee or Employee named
in the complaint acted in reliance upon a written opinion of the Town Attorney,
the Commission shall consider that fact.
2. If the Commission determines that a violation of this Article has occurred, it shall
take the following actions:
a. If the person who committed the violation is a current employee under the
jurisdiction of the Town Manager, the matter shall be referred to the Town
Manager.
NOTE: If the employee matter is referred to the Town Manager, why is the
reprimand required to be included in the personnel file? Referred to TM for
what purpose?? (sec 3 below)
b. If the person who committed the violation is the Town Manager, Town
Attorney, Town Secretary, or a Judge of the Municipal Court, the matter will
be referred to the Town Council.
c. If the person who committed the violation is a Town Council member, a
Candidate, an Appointee, a former Town official, or a former Town employee,
the matter will be referred to the Town Council.
Town Council 65 of 116 Meeting Date: January 17, 2011
3. When referring a matter under Subsection (b), the Commission may impose or
recommend the following sanctions:
1. Letter of notification. A letter of notification may be recommended when the
Commission finds that a violation of this Article was clearly unintentional or
when the action or conduct found to have been a violation of this Article was
performed by the Town Official, Candidate, Appointee, or Employee in
reliance on a public written opinion of the Town Attorney. A letter of
notification must advise the Town Official, Candidate, Appointee, or Employee
to whom the letter is directed of any steps to be taken to avoid future
violations.
2. Letter of admonition. A letter of admonition may be recommended when the
Commission finds that the violation of this Article was minor and/or may have
been unintentional, but where the circumstances call for a more substantial
response than a letter of notification.
3. Reprimand. A reprimand may be recommended when the Commission finds
that a violation of this Article was committed intentionally or through disregard
of this Article. A recommended reprimand directed to an Employee shall be
forwarded to the Town Manager. The Town Manager may also elect to
discipline the Employee in accordance with Town personnel rules and
procedures. A letter of reprimand directed to an elected Town Official shall
also be transmitted to the Town Secretary and published in the official
newspaper of the Town.
4. Removal or suspension from employment. A recommendation of removal
from employment or a recommendation of suspension from employment, as
well as a recommendation for length of suspension, shall be the appropriate
sanction when the Commission finds that a serious or repeated violation(s) of
this article has been committed intentionally or through culpable disregard of
this article by Town employees. The final discretion to carry out such
recommendations to remove or suspend from employment and the length of
suspension shall be with the Town Manager. The Town Manager may also
elect to discipline the employee in accordance with Town policies and
procedures.
5. Censure, recall or removal from office or appointment. A letter of censure, a
recommendation of recall, or a recommendation to institute proceedings for
removal from office or appointment, shall be the appropriate sanction when
the Commission finds that a serious or repeated violation(s) of this Article has
been committed intentionally or through culpable disregard of this Article by
an elected Town Official. A letter of censure, a recommendation of recall, or a
recommendation to institute proceedings for removal from office, directed to
an elected Town Official shall also be transmitted to the Town Secretary and
published in the official newspaper of the Town. The Town Council and
Town Council 66 of 116 Meeting Date: January 17, 2011
citizens of the Town may take actions in accordance with the Town Charter.
Any proceedings for removal from office shall be in compliance with
provisions of the Town Charter and State law.
L. Dismissal. If the complaint is dismissed because the evidence failed to establish a
violation of this article, the Commission shall issue a letter of dismissal or finding,
and shall not entertain any other similar complaint based on substantially the same
evidence.
17.08. REQUEST FOR REVIEW
Any Town Official, Candidate, Appointee or Employee against whom public allegations
of ethics violations have been made in the media or elsewhere has the right to file a
sworn statement with the Town Secretary affirming their innocence, and to request the
Commission to review the allegations and make known its findings.
17.09. CULPABLE MENTAL STATE
To commit a violation under any provision of this Article, a person must have acted or
failed to act knowingly or intentionally.
17.10. FALSE COMPLAINTS
In the event a complaint is received by the Commission that is subsequently found to be
baseless, and the Commission deems that the complaint was filed with the intent to:
(a) harass the person named in the complaint; or
(b) damage a person's reputation; or
(c) benefit the person filing the complaint, or a third party, either personally,
professionally or politically; or
(d) damage a related third party;
the Commission may recommend the Town Attorney cause a complaint to be filed
against such person in the Municipal Court. The Town Council or Town Manager, as
appropriate, may take disciplinary action(s) against the individual who filed the
complaint, including but not limited to disciplinary action if such complainant is an
Employee, Appointee, or Town Official as allowed by personnel policies, ordinance,
state law or Town Charter. The Commission may also recommend other action(s) be
taken.
17.11. PENALTY
A. It shall be unlawful for any person to knowingly or intentionally violate Section
17.07(J)(3), Section 17.07(D), or Section 17.10 of this Article, and any person found
guilty of such violation shall be fined, upon conviction, not less than One Dollar
($1.00) nor more than Five Hundred Dollars ($500.00), and a separate offense shall
be deemed committed upon each day during or on which a violation occurs or
continues.
Town Council 67 of 116 Meeting Date: January 17, 2011
Such penalty shall be in addition to all the other remedies provided herein.
B. A person who knowingly files a false sworn statement under this Article may be
subject to criminal prosecution for perjury under the laws of the State of Texas.
Probably not enforceable – this assumes Commission is a judicial body. We can leave
it in as a deterrent, but don’t rely upon enforcement. “
SECTION 3.
CUMULATIVE REPEALER
The Code of Ordinances of the Town is hereby amended to include the terms
and provisions of this Ordinance by adding Article XVI entitled “Ethics” to the existing
Chapter 1, entitled “Administration” of the Code of Ordinances of the Town of Trophy
Club. This Ordinance shall be cumulative of all other Ordinances of the Town affecting
ethics and conflict of interest and shall not repeal any of the provisions of such
Ordinances except in those instances where provisions of those Ordinances are in
direct conflict with the provisions of this Ordinance; whether such Ordinances are
codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy
Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall
remain in full force and effect. Notwithstanding the foregoing, any complaint, action,
cause of action or claim which prior to the effective date of this Ordinance has been
initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to
be governed by the provisions of that Ordinance and for that purpose the Ordinance
shall be deemed to remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or its application to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance; and the Town Council hereby
declares it would have passed such remaining portions of the Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish,
the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011
of the Texas Local Government Code.
Town Council 68 of 116 Meeting Date: January 17, 2011
SECTION 6.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in the Ordinance records of the Town and to properly record
this Ordinance in accordance with the Town Charter.
Section 7.
EFFECTIVE DATE
This Ordinance shall take effect immediately from and after its passage and
publication in accordance with the provisions of the Texas Local Government Code, and
it is accordingly so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 17th day of January, 2011.
_______________________________
Mayor Connie White
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Shannon DePrater, Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_________________________________________
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
Town Council 69 of 116 Meeting Date: January 17, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-34-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/10/2011 Town Council
On agenda:Final action:1/17/2011
Title:Consider and take appropriate action establishing goals and objectives for FY 2011-12.
Attachments:FY 10 FY 11 Comparison of VMLPGO.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action establishing goals and objectives for FY 2011-12.
Town Council 70 of 116 Meeting Date: January 17, 2011
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72
of
11
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Meeting Date: January 17, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-17-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/6/2011 Town Council
On agenda:Final action:1/17/2011
Title:Consider and take appropriate action appointing Council members to serve on the Audit
Subcommittee.
Attachments:Copy of 01-18-10 Council Minutes - Audit Subcommittee.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action appointing Council members to serve on the Audit Subcommittee.
Explanation
It is recommended that each public entity establish an Audit Subcommittee made up of members of the governing body.
As the core responsibility of the legislative (lawmaking) branch of government (Council) is to provide direction to the
Executive (administration of laws) branch of government (Management),this subcommittee’s fundamental purpose will be
to provide a practical tool for ensuring that the Town's 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.
Thesubcommittee usually meets annually to review the independent auditor’s reports, and assess the performance of the
audit. For the previous fiscal year’s audit, Mayor Connie White and Councilmember Philip Sterling volunteered and
served as the Audit Subcommittee.
Recommendation And Justification To Council:
Management recommends two council members be appointed to the subcommittee.
Goals
Goal #6: A vibrant, inclusive community with involved, caring residents
Provide superior customer services
Foster a well informed community
Promote and support active lifestyle
Develop expanded community involvement opportunities
Expand recreational opportunities for all ages
Town Council 74 of 116 Meeting Date: January 17, 2011
Town Council 75 of 116 Meeting Date: January 17, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-11-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/6/2011 Town Council
On agenda:Final action:1/17/2011
Title:Consider and take appropriate action regarding financial and variance report dated December 2010.
Attachments:December 2010 Monthly Financial Reports.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding financial and variance report dated December 2010.
Goals
Goal #8: Economically diverse, prosperous community
Enact progressive economic initiatives
Investigate Progressive Zoning Concept
Town Council 76 of 116 Meeting Date: January 17, 2011
Town Council 77 of 116 Meeting Date: January 17, 2011
Town Council 78 of 116 Meeting Date: January 17, 2011
Town Council 79 of 116 Meeting Date: January 17, 2011
Town Council 80 of 116 Meeting Date: January 17, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-37-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/13/2011 Town Council
On agenda:Final action:1/17/2011
Title:Consider and take appropriate action to recognize and support a "Neighbor Helping Neighbor"
program in the Town of Trophy Club.
Attachments:Neighbor Helping Neighbor.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action to recognize and support a "Neighbor Helping Neighbor" program in the Town of
Trophy Club.
Goals
Goal #1: Safe and secure community.
Maintain Trophy Club’s Low crime rate
Increase positive visibility through community policing initiatives
Provide superior Emergency Services
Increase citizen involvement
Goal #6: A vibrant, inclusive community with involved, caring residents
Provide superior customer services
Foster a well informed community
Promote and support active lifestyle
Develop expanded community involvement opportunities
Expand recreational opportunities for all ages
Town Council 81 of 116 Meeting Date: January 17, 2011
To
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Date: January 17, 2011
To
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Date: January 17, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-12-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/6/2011 Town Council
On agenda:Final action:1/17/2011
Title:Town Manager Slye's update regarding the following; discussion of the same.
· Citizens Police Academy
· TML IEBP Board Meeting - January 26 - 28, 2011
· Community Clean Up Event - April 9, 2011
· Update on Independence Park East and Freedom Park Construction
· Update on Hiring of Engineering Firm for Drainage Analysis
Attachments:
Action ByDate Action ResultVer.
Title
Town Manager Slye's update regarding the following; discussion of the same.
· Citizens Police Academy
· TML IEBP Board Meeting - January 26 - 28, 2011
· Community Clean Up Event - April 9, 2011
· Update on Independence Park East and Freedom Park Construction
· Update on Hiring of Engineering Firm for Drainage Analysis
Goals
Goal #6: A vibrant, inclusive community with involved, caring residents
Provide superior customer services
Foster a well informed community
Promote and support active lifestyle
Develop expanded community involvement opportunities
Expand recreational opportunities for all ages
Town Council 84 of 116 Meeting Date: January 17, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-13-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/6/2011 Town Council
On agenda:Final action:1/17/2011
Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional
meetings; discussion of same.
Attachments:
Action ByDate Action ResultVer.
Title
Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of
same.
Meetings/Events Attended by Council:
· Mayor's Roundtables
· Council Retreat
· Northwest Communities Partnership Meeting
· Lakeview Class Meeting
· Independence Park East Park and Freedom Park Groundbreaking
Goals
Goal #6: A vibrant, inclusive community with involved, caring residents
Provide superior customer services
Foster a well informed community
Promote and support active lifestyle
Develop expanded community involvement opportunities
Expand recreational opportunities for all ages
Town Council 85 of 116 Meeting Date: January 17, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-15-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/6/2011 Town Council
On agenda:Final action:1/17/2011
Title:Items for Future Agendas.
Attachments:Future Agenda Items List.pdf
Action ByDate Action ResultVer.
Title
Items for Future Agendas.
Goals
Goal #6: A vibrant, inclusive community with involved, caring residents
Provide superior customer services
Foster a well informed community
Promote and support active lifestyle
Develop expanded community involvement opportunities
Expand recreational opportunities for all ages
Town Council 86 of 116 Meeting Date: January 17, 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 87 of 116 Meeting Date: January 17, 2011
Supplemental
Information
Town Council 88 of 116 Meeting Date: January 17, 2011
1
January 7, 2011
Number 1
THE TEXAS MUNICIPAL LEAGUE 2011 LEGISLATIVE
PRIORITIES – GOVERNMENT WE NEED:
SAFE COMMUNITIES, ESSENTIAL INFRASTRUCTURE,
VITAL SERVICES
Americans today have a renewed belief that “We the People” should be in control, and that
government acts on the citizens’ behalf. Cities, the government closest to the people, embody
this idea. Cities provide the services that we cannot do without. Those services reflect the will
of the local taxpayers and can’t be lumped in with cries of “less centralized government.” City
services are the nuts and bolts of our society.
Police and fire protection, the roads we drive on, local business development, the utilities we
need to survive and prosper, the protection of property values through thoughtful rules that
benefit everyone, and many more. These are the services that cities are called on to provide by
their local citizenry. No level of government is more accountable and responsive, on a daily
basis, to “We the People.”
It costs money to provide services, and city councils across the state do so in an incredibly
economical way. Consider this: The average city portion of your property tax bill often costs
less per month than a subscription to cable or satellite television. For that amount, the local
police keep you safe from crime, emergency medical workers respond to your emergencies,
clean water flows from your faucets, and much more. The portion of your property tax bill that
funds city services is very low – around 17 percent on average. (The largest portion of the bill –
over 50 percent – goes to fund public schools.) It is evident that keeping taxes low while
Town Council 89 of 116 Meeting Date: January 17, 2011
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meeting citizens’ demand for services has always, and will always be, a core value of city
officials.
The Texas Municipal League Legislative Program
The TML Board of Directors met in December 2010 to establish the League’s legislative
priorities for 2011. These priorities were adopted after a lengthy process designed to solicit input
from a wide range of cities from across the state. The result is a legislative program that came
from the League’s membership, and was ultimately approved by the League’s Board of
Directors. The program focuses the League’s resources to accomplish the following goals:
1. ensure that local decisions are made locally;
2. provide funding for vital municipal services; and
3. protect and enhance essential infrastructure.
1. Local Decision Making
Last fall, cities throughout the state confronted the stark realities of increasing needs and limited
revenue as they adopted budgets for the coming year. However, each city has a unique story to
tell because of differences in size, location, demographics, mix of businesses, and combination
of revenue sources. Because each city is unique, the most important legislative goal of city
elected leaders is maintaining local control and flexibility to meet the needs of their citizens, deal
with a changing economy, and protect the public’s safety.
The following legislative priorities focus on maintaining the ability of locally-elected officials to
carry out their responsibilities to their communities:
• Maintain the current constitutional provision limiting increases in appraised values.
• Maintain existing local control over tax rates.
• Protect local taxpayers from bearing the burden of paying for state mandates.
• Protect local taxpayers from paying the costs of collecting revenue for the state.
• Maintain local control over public property such as rights-of-way, and ensure that
communities continue to be compensated for private use of public property.
• Maintain the current ability of cities to acquire property at a fair price for uses that
benefit their citizens.
• Maintain the ability of local officials to protect the interests of property owners,
neighborhoods, and the public in decisions regarding the permitted uses of
property.
2. Paying for Municipal Services
Texas takes pride in its ranking as one of the nation’s most attractive states for doing business,
and Texas workers have fared better than those in most other states in recent months.
As both the state and the nation struggle to recover from the recession, municipal services are
more important than ever. Even as the demand for municipal services grows, municipal revenue
Town Council 90 of 116 Meeting Date: January 17, 2011
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in many parts of Texas is threatened by the slowdown in the housing market and diminishing
sales tax receipts.
If the Texas Legislature further limits the ability of cities to pay for vital services or burdens
local taxpayers with unfunded mandates, our state will not be able to compete successfully for
new jobs.
Having enough revenue to support new or expanding businesses is just part of the equation.
Cities also must have the revenue to finance the necessary infrastructure improvements, such as
new roads and extensions of water and sewer lines. Companies will not move to cities that
cannot provide adequate fire protection or where workers and their families won’t feel safe in
their homes or on the streets of their neighborhoods.
To win the competition for jobs, Texas must offer current and potential employers safe,
attractive, and livable cities. Legislatively imposed restrictions on local revenue will handcuff
our state in the intense competition for new jobs and accelerate and prolong the effects of
recession.
Now more than ever, Texas cities and the State of Texas must work together to ensure that our
citizens continue to have the services, facilities, and job-creation environment that our people so
desperately need.
3. Investing in Infrastructure
If the legislature acts to further restrict revenue sources for local governments or forces local
taxpayers to pay for additional state mandates, our state’s infrastructure will continue to crumble
and become an impediment to economic growth. Cities will cancel or defer infrastructure
spending and will almost certainly stop making “local participation” donations to state highway
projects.
In contrast to popular movements to limit the growth of state and federal programs and taxes,
local voters continue to authorize expenditures that improve the quality of life in their cities.
They do so because they recognize the benefits of investing in local infrastructure. Over the last
three years, the average passage rate of municipal bond elections was almost 80-percent.
Cities aren’t an example of “big government.” They are an example of “right-sized
government.” Citizens know that their quality of life depends in large part on their city’s
services and infrastructure, and they are willing to pay for it.
The League’s Legislative Priorities:
1. Ensure that local decisions are made locally by supporting reasonable enhancements to
regulatory authority and by opposing attempts to cripple the ability of cities to:
• Obtain land for essential public purposes;
• Protect property values by imposing reasonable development standards;
Town Council 91 of 116 Meeting Date: January 17, 2011
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• Enact zoning ordinances; and
• Respond to citizen demands for orderly and sustainable development.
2. Ensure funding for vital community services by vigorously opposing efforts to erode revenue
needed to:
• Keep cities safe from crime;
• Respond to emergencies;
• Enhance economic growth and job creation;
• Provide recreational facilities and parks; and
• Protect the natural environment.
3. Protect and enhance essential infrastructure by opposing efforts to diminish municipal
revenue and by supporting initiatives that will meet the needs of our cities for:
• Streets, roads, and bridges;
• Clean water;
• Safe and effective wastewater treatment;
• Stormwater management;
• Sustainable solid waste collection and disposal; and
• Public transit.
(Note: The TML Legislative Program contains almost 200 positions on various city-related
issues. The complete TML legislative program is available at www.tml.org or by calling the
League office at 512-231-7400.)
NEW FEDERAL LAW MODIFIES FTC RED FLAG RULES
Adopted in 2009 pursuant to the Fair and Accurate Credit Transactions Act of 2003, the Federal
Trade Commission’s Red Flag Rule requires many businesses and organizations to implement a
written identity theft prevention program designed to detect the warning signs (i.e., “red flags”)
of identity theft in their day-to-day operations.
The rule applied to a city department, such as a municipal utility, that collects payment after a
service was offered. That meant that the city and/or utility were required to adopt and implement
a policy that would protect customer financial information.
On December 18, 2010, President Obama signed into law the Red Flag Program Clarification
Act. The Act limits the application of the rules to creditors that use or report information to
consumer reporting agencies. Thus, a city department that does not use consumer reports and
does not report information to consumer reporting agencies is no longer required by this federal
law and rule to have an identity theft policy.
Town Council 92 of 116 Meeting Date: January 17, 2011
5
Other laws may still be relevant. For example, Texas Business and Commerce Code Section
501.052 is a state law requiring a municipal utility that requires an individual to disclose his or
her social security number to: (1) adopt a privacy policy; (2) make the privacy policy available to
the individual; and (3) maintain the confidentiality and security of the social security number.
Each city should consult with local legal counsel to determine whether the new law will affect a
city’s identity theft policy. For more information, please visit the Federal Trade Commission’s
Web site here: http://www.ftc.gov/bcp/edu/microsites/redflagsrule/index.shtml
FLORIDA SUPREME COURT OPINES ON E-MAIL
EXCHANGES AND THE FLORIDA OPEN MEETINGS ACT
City officials in Texas may be interested to know that at least one state has adopted a reasonable
interpretation of casual e-mail exchanges between members of a governmental body. Last
October, the Florida Supreme Court issued its opinion in Sarasota Citizens for Responsible
Government v. City of Sarasota. The case was brought by a citizens’ group that opposed the
issuance of bonds by the city and county to construct facilities to lure the Baltimore Orioles to
Sarasota for spring training.
In the case, e-mails from constituents to members of a board of commissioners were copied to
other members and sometimes led to comments between board members regarding the topic of
bringing the Orioles to Sarasota. The last such e-mail exchange, which allegedly violated the
Florida Open Meetings Act (known as the “Sunshine Law”), occurred on April 12, 2009.
However, the board conducted multiple public meetings subsequent to that April 12 exchange
where the topic of Orioles spring training was discussed and considered. Ultimately, on July 22,
the board held a properly-noticed public hearing and approved the deal after a multi-hour
discussion. In fact, representatives of Citizens for Responsible Government spoke at that July 22
hearing, as well as at prior meetings.
Rather than focus on the technical definition in the Sunshine Law, the Court concluded that no
violation occurred because the board took independent, final action in the sunshine regarding the
issue. According to the Court, “[t]his simply is not the case of a ‘ceremonial acceptance of
secret actions [or] merely a perfunctory ratification of secret decisions at a later meeting open to
the public’…Therefore, any possible e-mail violations were cured.”
The case does not have precedential value in Texas, and it should not be relied upon here. In
Texas, a governing body that has any discussion whatsoever about public business or policy
through exchanged e-mails would likely violate the Texas Open Meetings Act (TOMA) by
participating in a “meeting” that is not open to the public.
That is why the League continues to advise caution with e-mail communications between
members of a governing body. If members communicate with one another outside of a meeting
– whether to simply share information or to decide whether to place an item on a future agenda,
and then take action in the future on the topic they discussed – a prosecutor might infer that a
Town Council 93 of 116 Meeting Date: January 17, 2011
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meeting of the minds occurred prior to the meeting. At least in Florida, city officials need not
worry about inadvertent violations quite so much as local government leaders in Texas.
SENATE COMMITTEE ON INTERGOVERNMENTAL
RELATIONS RELEASES INTERIM REPORT
The Senate Intergovernmental Relations Committee recently released its interim report. Many of
the report’s recommendations either impact cities directly, or affect entities that work closely
with cities. The report’s city-related recommendations are as follows:
Homeowners Associations
• The legislature should pass legislation ensuring the basic private property rights of
individuals residing within homeowners associations, including but not limited to:
1. notice of association dedicatory instruments, by-laws, and guidelines;
2. descriptions of fees and fines assessed and the ability to cure violations prior to
enforcement;
3. access to association books and records, including financial documents;
4. notice and access to association meetings;
5. election procedures of board members; and
6. notice and redress in case of foreclosure.
Municipal Utility Districts
• The legislature need not make any additional changes to the municipal utility district
(MUD) template developed during the Eightieth Legislative Interim to improve the
efficiency and oversight over the creation of MUDs.
• The legislature should add additional language to the existing MUD template to require a
two-thirds vote of all members of the Texas Senate and House of Representatives to grant
a MUD the authority of eminent domain.
• In order to assist the committee and members of the legislature in evaluating the size of
proposed MUDs, a questionnaire will be required to be submitted with a request for
hearing on MUD bills. (The questionnaire will request the approximate acreage of the
proposed MUD. Proposed MUDs over 3,000 acres, especially those requesting the
authority to divide, may need to provide additional justification for creation.)
• In order to assist in the evaluation of proposed MUDs, the committee will require
evidence of local support to be submitted when the request for hearing on a MUD bill is
provided to the committee.
Development in Rural and Unincorporated Areas – Annexation, Zoning, and Private
Property Rights
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• Recent statutory changes have created balanced policies related to annexation, zoning,
and authority in the extraterritorial jurisdiction and unincorporated areas. Any concerns
regarding development and growth are localized and do not warrant a shift in state policy
at this time.
Local Government Transparency
• The legislature need not enact any additional requirements or penalties regarding local
government transparency due to increasing voluntary efforts by local governments to
provide access to public records.
• Local governments should continue to work together and with the comptroller’s office to
expand access to records, including online records, and should increase participation in
the Comptroller’s “Leadership Circle” program.
Local Government Consolidation
• The legislature should take steps to amend Article 11, Section 7, of the Constitution to
clarify that debt resulting from an interlocal agreement for consolidation would not
require the city to provide a tax and create an interest and sinking fund to repay the debt.
• The legislature should amend Chapter 791 of the Government Code to clarify that local
governments may enter into interlocal agreements for a term of longer than one year.
Municipal Management Districts (MMDs), Emergency Services Districts (ESDs), and
Public Improvement Districts (PIDs)
MMDs
• Proposed legislation to create MMDs should be drafted using standardized language
regarding the “powers and duties” of the MMD in the interest of clarity and uniformity.
• The committee will develop a questionnaire to be submitted prior to a hearing on a
proposed MMD in order to gather information on both the purpose for which the
proposed MMD is being created, and the type of authority, including taxing and
assessment authority, that the MMD is requesting.
ESDs
• Although the vast majority of ESDs are formed under Chapter 775 of the Health and
Safety Code and not Chapter 776 of the Health and Safety Code (Chapter 776 applies
only to ESDs in counties with a population of 125,000 or less), the standardization of
ESD authority should be considered to increase uniformity and the quality of emergency
services.
PIDs
• Because PIDs have gradually evolved into a financing vehicle for major projects that
benefit the public, the statute governing PIDs (Local Government Code Chapter 372)
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should be updated to reflect currently accepted uses of PID financing to provide a greater
degree of certainty for cities interested in creating public infrastructure.
Texas Department of Housing and Community Affairs Funds
• The Texas Department of Housing and Community Affairs (TDHCA) should build upon
its experiences reporting newly-created jobs under the federal stimulus program by
potentially incorporating a community-based jobs tracking mechanism to better evaluate
the effectiveness of TDHCA-administered programs.
• Legislation should be introduced that would require TDHCA to gather data on the special
needs category status of each individual or household served by TDHCA programs.
TDHCA’s low income housing report should be amended to include a tracking item that
identifies the number of individuals and households that meet these special needs
categories, how these populations were served during the previous year, and any
recommendations on how to improve the coordination of services for the special needs
populations.
The full report is available online here:
http://www.senate.state.tx.us/75r/senate/commit/c520/c520.InterimReport81.pdf
SENATE BUSINESS AND COMMERCE COMMITTEE
RELEASES INTERIM REPORT
The Senate Business and Commerce Committee was charged to review several issues that may
be of interest to certain city officials.
Of interest to coastal cities, the committee made recommendations related to the Texas
Windstorm Insurance Association. In addition, the committee made recommendations related to
the provision of electrical service, including methods for customers of investor-owned electric
utilities to reduce electricity consumption and the continued development of wind energy.
Finally, the committee made several recommendations regarding municipally owned electric
utilities (MOUs), including recommendations that:
• MOU generation planning remain outside Public Utility Commission review.
• Affordability or cost-containment studies be conducted in any rate increase situation.
• Regarding generation planning, affordability studies be used to determine what
acquisition of certain resources would mean for the rates of different types of customers.
The complete report of the committee is available here:
http://www.senate.state.tx.us/75r/Senate/commit/c510/c510.InterimReport81.pdf
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DATES OF BIRTH AND THE PUBLIC INFORMATION ACT
On December 3, 2010, the Supreme Court of Texas issued its opinion in Texas Comptroller of
Public Accounts v. Attorney General of Texas and the Dallas Morning News more than a year
after it heard oral argument. The Court held that the comptroller properly withheld birth dates of
state employees after an open records request for those and other information was made by the
Dallas Morning News.
The case began several years ago when the newspaper sought a copy of the comptroller’s payroll
database for state employees. The comptroller responded with the full name, age, race, sex,
salary, agency, job description, work address, date of initial employment, pay rate, and work
hours for each employee. However, the comptroller withheld dates of birth under the Texas
Public Information Act’s exception from disclosure for “information considered to be
confidential by law, either constitutional, statutory, or by judicial decision.”
The comptroller sought an attorney general opinion on whether those dates must be disclosed.
The attorney general concluded, in a 2006 open records letter ruling, that there was no proof
“that harmful financial consequences will result from the release of the date of birth information
in response to this request.” The ruling also suggested that “based on a presentation of new facts
and additional arguments,” it was possible that dates of birth could be excepted from disclosure
in the future.
The Court rejected the attorney general’s conclusion, holding that a person:
‘[C]an take personal information that’s not sensitive, like birth date, and combine it
with other publicly available data to come up with something very sensitive and
confidential.’. . . Additionally, the Legislature has provided that state employees’ social
security numbers, home addresses, and personal family information are excepted from
disclosure. As the Attorney General has noted, ‘it is universally agreed that SSNs are at
the heart of identity theft and fraud, and in today’s Internet world where information—
including public government information—can be instantly and anonymously obtained
by anyone with access to the worldwide web, the danger is even greater.’ These
protections would be meaningless, however, if birth dates were disclosed, because those
dates, when combined with name and place of birth, can reveal social security numbers.
. . . We hold that the state employees’ privacy interest substantially outweighs the
negligible public interest in disclosure here. Consistent with the federal courts and those
in other states, we conclude that disclosing employee birth dates constitutes a clearly
unwarranted invasion of personal privacy, making them exempt from disclosure.
The Court’s decision also addressed various complex procedural issues. However, it was unclear
as to whether the holding applies to any request for a date of birth, or only to a request for a date
of birth contained in a personnel file or in conjunction with other information. Accordingly, on
December 31, 2010, the Open Records Division of the attorney general’s office sent the
following e-mail to various interested parties, and asked that the League convey it to the
membership:
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The purpose of this e-mail is to make you aware of recent developments related to the
disclosure of dates of birth under the Public Information Act, chapter 552 of the Texas
Government Code. On December 3, 2010, the Texas Supreme Court ruled section
552.102(a) of the Public Information Act excepts from disclosure the dates of birth of
state employees in the payroll database of the Texas Comptroller of Public Accounts.
Tex. Comptroller of Pub. Accounts v. Attorney Gen. of Tex. & The Dallas Morning
News, Ltd., No. 08-0172, 2010 WL 4910163 (Tex. Dec. 3, 2010). On December 20,
2010, the Dallas Morning News filed a motion for rehearing in this case. The Attorney
General has joined the motion for rehearing, and in the alternative, asked the court to
clarify whether its opinion applies only to dates of birth in employee personnel files or
to dates of birth in all government documents.
You are receiving this e-mail because the agency (or member agencies) you represent
maintains records or databases that contain dates of birth. Below we have provided
links to the Court’s opinion and dissent, the Dallas Morning News’s motion for
rehearing, and the Attorney General’s motion to reconsider. Please feel free to share
this e-mail with your member agencies and consumers.
Sincerely,
Open Records Division
Office of the Attorney General
http://www.supreme.courts.state.tx.us/historical/120310.asp (Court’s opinion and dissent)
http://www.supreme.courts.state.tx.us/ebriefs/08/08017212.pdf (Dallas Morning News motion)
http://www.supreme.courts.state.tx.us/ebriefs/08/08017213.pdf (Attorney General motion)
The Court may or may not decide to rehear or clarify its decision. In the meantime, city officials
who wish to withhold employee dates of birth that are requested under the Act should consult
with their local legal counsel and follow the standard procedure for seeking an open records
letter ruling from the attorney general’s office.
TCEQ TO ACCEPT COMMENTS ON PROPOSED
PESTICIDES GENERAL PERMIT
On January 6, 2011, the Texas Commission on Environmental Quality (TCEQ) will hold a public
hearing to accept oral and written comments on amendments to the agency’s proposed pesticide
application general permit. The permit will create a general permit for any pesticide application
over “waters of the United States,” as defined by the federal Clean Water Act. Those include
creeks, ponds, lakes, and most other bodies of water. The general permit would cover any
applications up to a certain cumulative area in a year. (Any application of pesticides/herbicides
over water beyond that would require an individual permit.)
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TCEQ staff is particularly seeking input on the following issues: (1) whether the limits proposed
by TCEQ are appropriate and feasible for Texas stakeholders; (2) whether the waters covered by
the permit should be extended beyond “waters of the United States” to “waters of the state” (the
state definition of “waters” is broader and includes playa lakes and stock ponds, for example);
(3) whether the proposed notice of intent requirements (the information provided to TCEQ by
pesticide applicators who go beyond the limits set for the general permit) are reasonable; and (4)
the fees associated with the permit.
Because TCEQ is proposing changes that would make the permit less stringent than what the
Environmental Protection Agency has requested, TCEQ staff is specifically requesting that the
regulated community provide comments that are very specific and that include data and other
quantifiable information.
More specific information, including the draft permit language, is available here:
http://www.tceq.state.tx.us/permitting/water_quality/stakeholders/pesticidegp_stakeholder_group
.html
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 here:
http://www.tml.org/genform/E-List.asp and fill out the online form. If you have any questions,
please contact J.J. Rocha at jj@tml.org or 512-231-7400.
PRE-FILING OF BILLS CONTINUES
H.B. 431 (Larson) – County Charter: would: (1) authorize the commissioners court of Bexar
County to adopt a home rule charter pursuant to procedures that are similar to the adoption of
home rule charter by a city; and (2) provide detailed procedures whereby a county charter would
integrate the county with other political subdivisions, including cities. (Note: please see H.J.R.
47, below).
H.B. 437 (Rodriguez) – MTBEs: would: (1) provide standards for a manufacturer, processor,
distributor, recycler, or seller of certain anti-freeze or engine coolant additives; (2) limit the
liability of an entity listed in (1), above; and (3) provide that a political subdivision may not
Town Council 99 of 116 Meeting Date: January 17, 2011
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adopt or enforce an ordinance that is inconsistent with or more restricted than the standards in the
bill.
H.B. 438 (Thompson) – Mandatory Health Benefits: would require the issuer of a health
benefit plan to provide coverage for orally administered anticancer medication at the same level
that it provides coverage for intravenously administered or injected cancer medications.
(Companion bill is S.B. 262 by Carona).
H.B. 439 (T. Smith) – 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.
H.B. 440 (S. Turner) – Law Enforcement: would prohibit a peace officer from taking a blood
specimen from a vehicle operator to test for alcohol concentration or other intoxicating
substances.
H.B. 442 (Guillen) – Emergency Communications: would change the purpose of the court
cost for fugitive apprehension to that of emergency radio infrastructure, with the proceeds to be
used for an interoperable statewide emergency radio infrastructure and other public safety
purposes.
H.B. 443 (Fletcher) – Municipal Court: would authorize a $75 fee to be assessed upon
conviction of any offense to pay for the services of a peace officer who has executed or
processed an arrest warrant, capias, or capias pro fine.
H.B. 445 (Guillen) – Property Tax: would provide that a disabled veteran or the unmarried
surviving spouse of a disabled veteran may make installment payments of property taxes if at
least one-fourth of the individual’s taxes are paid before the delinquency date and certain steps
are taken to notify the taxing unit that the remaining taxes will be paid in installments.
H.B. 451 (Lucio) – Illegal Dumping: would require the Texas Commission on Environmental
Quality to create a hotline, which would forward calls to the appropriate local law enforcement
agency, for drivers to report illegal dumping.
H.B. 453 (Lucio) – Sales Tax: would exempt the sale, use, or installation of a renewable energy
device from sales taxes.
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H.B. 454 (Lucio) – Motor Fuels Tax: would provide that the state motor fuels tax does not
apply to certain ethanol fuels.
H.B. 455 (Lucio) – Sales Tax: would exempt books purchased by university and college
students from sales taxes if purchased during a specified time period each semester.
H.B. 461 (Kleinschmidt) – Property Tax: would provide a complete residence homestead
property tax exemption for the surviving spouse of a totally disabled veteran if the property was
the residence homestead of the surviving spouse when the disabled veteran died and the property
remains the residence homestead of the surviving spouse. (Note: please see H.J.R. 47, below).
H.B. 465 (Burnam) – Texas Enterprise Fund: would abolish the Texas Enterprise Fund, as
well as other economic development programs and zones, some of which are city-created.
H.B. 466 (Burnam) – Texas Enterprise Fund: would prohibit the governor from entering into
an agreement to award a grant from the Texas Enterprise Fund after August 31, 2011, as well as
other economic development programs and zones, some of which are city-created.
H.B. 469 (Callegari) – Property Tax: would prorate the taxes due on a residence homestead of
a totally disabled veteran when an individual terminates the exemption for one property and
qualifies a different property for the exemption in the same year. (Companion bill is S.B. 201 by
Uresti.)
H.B. 470 (Anderson) – Salvia Divinorum: would make Salvia Divinorum and its derivatives
and extracts subject to Penalty Group 3 of the Texas Controlled Substances Act.
H.B. 471 (C. Anderson) – Unions: would require an exclusive bargaining representative for a
union to: (1) be elected by secret ballot and by majority vote of those present and participating;
or (2) be elected through a vote of an entire collective bargaining unit through mailed ballots.
(The collective bargaining provisions of Chapter 101 of the Labor Code may or may not apply to
a city depending on the outcome of litigation currently at the Supreme Court of Texas. Please
contact the TML Legal Department for more information).
H.B. 472 (Anderson) – Property Tax: would provide a complete residence homestead property
tax exemption for the surviving spouse of a totally disabled veteran if: (1) the surviving spouse
has not remarried; (2) the property was the residence homestead of the surviving spouse when
the disabled veteran died; and (3) the property remains the residence homestead of the surviving
spouse. (Note: please see H.J.R. 48, below.)
H.B. 473 (T. Smith) – Intoxication Offenses: would modify the consequences of an arrest or
conviction for driving while intoxicated and certain other intoxication offenses.
H.B. 478 (Orr) – Traffic Fines: would eliminate the court cost associated with the offense of
failing to secure a child passenger in a motor vehicle, which is currently remitted to the state
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comptroller and appropriated only to the Texas Department of Transportation for the purchase of
child safety seat systems for low-income families.
H.B. 479 (Orr) – Economic Development Corporations: would permit the board of directors
for a Type A or Type B economic development corporation located in a county with a population
of less than 30,000 to conduct a board meeting anywhere within the boundaries of the county.
(Current law requires that a meeting be held within the limits of the creating city.)
H.B. 480 (Fletcher) – Peace Officer Training: would allow the Bill Blackwood Law
Enforcement Institute of Texas (LEMIT) to establish and offer a continuing education program
for second-in-command staff that would exempt the second in command staff from certain other
the continuing education standards. (Companion bill is S.B. 244 by Patrick).
H.B. 489 (Dutton) – Municipal Court: would: (1) require a municipal prosecutor, upon request
by a defendant and subject to certain exceptions and existing rules of evidence, to make available
to the defendant multiple types of discovery records related to the case; (2) require the same of
the defendant; (3) create sanctions for violations; (4) apply the requirements to pro se defendants
only as required by the court; and (5) give the release requirement precedence over the Texas
Public Information Act
H.B. 490 (Dutton) – Certificates of Convenience and Necessity: would allow a city and an
investor-owned water and sewer utility to agree in writing to, upon annexation of an area into a
city, transfer the certificate of convenience and necessity for that area to the city or provide that
the Texas Commission on Environmental Quality shall grant single certification to the city,
among other authorized action.
H.B. 494 (Dutton) – Water Ratemaking: would require a ratemaking authority (either a city or
the Texas Commission on Environmental Quality) to exclude legal expenses that are incurred by
a privately owned water and sewer utility during a contested ratemaking case or appeal in the
calculation of water rates.
H.B. 499 (Rodriguez) – Property Tax: would allow the governing body of a taxing unit or
appraisal district to collect an additional penalty on a corrected or supplemental tax bill that
become delinquent on or after June 1.
H.B. 501 (Solomons) – Public Information: would: (1) prohibit a person from disseminating
any criminal history record information for which the person has knowledge or has received
notice that an order of expunction or nondisclosure has been issued, and (2) makes the person
who releases criminal history record information in spite of knowledge or notice of such orders
liable to the individual who is the subject of the information for up to $25,000 per violation and
$5,000 per subsequent day of violation, as well as court costs and attorney's fees.
H.J.R. 44 (Larson) – County Charter: would amend the Texas Constitution to: (1) allow a
county with a population of 100,000 or more, or a county that is included in a federal
metropolitan statistical area and adjacent to a county with a population of 100,000 or more, to
adopt a county charter; and (2) provide procedures for a county that has adopted a charter to
Town Council 102 of 116 Meeting Date: January 17, 2011
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integrate the county with other political subdivisions, including cities. (Note: Please see H.B.
431, above.)
H.J.R. 47 (Kleinschmidt) – 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 if the property was the residence homestead of the surviving
spouse when the disabled veteran died and the property remains the residence homestead of the
surviving spouse. (Note: Please see H.B. 461, above.)
H.J.R. 48 (Anderson) – 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 if: (1) the surviving spouse has not remarried; (2) the
property was the residence homestead of the surviving spouse when the disabled veteran died;
and (3) the property remains the residence homestead of the surviving spouse. (Note: Please see
H.B. 472, above.)
S.B. 259 (Harris) – Immigration: would provide that: (1) a peace officer shall inquire into the
immigration status of any person under arrest on other grounds; and (2) if a person is under
arrest and the person has also violated a civil or criminal provision of the federal immigration
laws, the arresting peace officer shall identify and report the person to United States Immigration
and Customs Enforcement.
S.B. 262 (Carona) – Mandatory Health Benefits: would require the issuer of a health benefit
plan to provide coverage for orally administered anticancer medication at the same level that it
provides coverage for intravenously administered or injected cancer medications. (Companion
bill is H.B. 438 by Thompson).
S.B. 275 (Uresti) – Hunting: would allow the capture, trapping, or hunting of a reptile,
amphibian, or insect on a public road or right-of-way.
S.B. 280 (Davis) –Employment Discrimination: tracks the language of the Federal Lilly
Ledbetter Fair Pay Act and would: (1) extend the statute of limitations on pay discrimination
claims every time an individual is paid based on a past discriminatory decision made by an
employer; and (2) allow back pay and benefits for up to two years preceding the date of filing a
complaint of pay discrimination.
S.B. 296 (Wentworth) – Residential Development: would, among other things: (1) authorize a
school district to mitigate the effects of certain residential development by allowing the Texas
Education Commissioner to purchase, for fair market value, a percentage of the real property
acreage within the residential development site if the commissioner determines that the
development is likely to significantly increase elementary school student enrollment in a school
district and that the increase in enrollment warrants the construction of a new elementary school
facility to accommodate the increased elementary school population; (2) provide that a city may
not grant final approval to a plat or replat of a residential development or issue permits required
for a residential development unless the developer presents evidence of having complied with the
mitigating measures; and (3) provide that any other law that requires a city to approve and plat,
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replat, or permit within a certain is tolled until the developer presents evidence of having
complied with the mitigating measures.
S.B. 299 (Wentworth) – Property Tax: would require real property sales price disclosure upon
the filing of deeds at the county clerk’s office.
S.B. 305 (Huffman) – Burglary of a Vehicle: would make burglary of a vehicle a state jail
felony offense and provide that the amount of community service work ordered by a judge may
not exceed 200 hours for a Class A misdemeanor offense or any other misdemeanor for which
the maximum permissible confinement exceeds six months or the maximum permissible fine
exceeds $4,000. (Companion bill is H.B. 20 by Riddle).
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 104 of 116 Meeting Date: January 17, 2011
1
January 14, 2011
Number 2
STATE’S A MESS, SO THEY’LL ATTACK CITIES
On the first day of a legislative session that will feature a record state budget deficit, the governor
declared just two emergency items, both of which could affect cities: (1) protecting private property
rights/addressing eminent domain issues; and (2) abolishing “sanctuary cities” for undocumented
immigrants in Texas. (An “emergency item” is a legislative initiative designated by the governor for
immediate consideration by the legislature.)
Over the past several legislative sessions, the legislature has passed various limitations on the use of
eminent domain for economic development. Those include an amendment to the Texas Constitution in
2009. Further reforms to the condemnation process have yet to pass.
Several bills (including, among others, H.B. 138, S.B. 180, and S.B 18, all summarized in this or previous
editions of the TML Legislative Update) have been filed this session that relate to that process. Many
reforms may seem reasonable to many city officials. But they could make the process somewhat more
complicated, and perhaps more expensive. The bottom line is that almost every Texan believes strongly
in private property rights. The League’s role is to ensure that the process does not become so complicated
or expensive as to make the power useless.
The TML Legislative Update reported on the governor’s position relating to sanctuary cities in November
2009. He told the Houston Police Officers Union that “…[t]here’s some Texas cities who’ve enacted
sanctuary city rules; they’ve basically been handcuffing you from the job you’re sworn to uphold.”
The governor did not say whether his proposed ban on sanctuaries would extend to the Texas Department
of Public Safety (DPS). Later, the governor was interviewed by the Texas Tribune. The interviewer
pointed out that DPS has a policy that the department “will not engage in enforcement of federal
Town Council 105 of 116 Meeting Date: January 17, 2011
2
immigration statutes.” The governor was then asked if the DPS policy makes DPS a “sanctuary agency.”
He did not answer the question directly.
Whether Texas has a problem with undocumented immigrants is not the issue. The issue is that it appears
that the governor has decided that cities should be on the front lines and not the state. But will the state
provide the financial assistance necessary for the cities to do what the state won’t? Only time will tell.
PROPOSED CONSTITUTIONAL AMENDMENT WOULD END
UNFUNDED MANDATES
The League has frequently reported on the fear that the legislature will place further unfunded mandates
on local governments in an attempt to balance the state budget. One legislator, Representative Burt
Solomons (R - Carrollton), has proposed a constitutional amendment that would prohibit the legislature
from doing so in the future.
H.J.R. 56 would amend the Texas Constitution to provide that no bill enacted by the legislature on or after
January 1, 2012, requiring a local government to establish, expand, or modify a duty or activity that
requires the expenditure of revenue by the local government shall be effective until and unless the
legislature appropriates or otherwise provides non-local government revenue to fund it.
Representative Solomons is to be commended for his work to protect local government autonomy. In
addition, Governor Perry has recently been quoted in the Dallas Morning News as saying that one way to
stop government spending is elimination of rules the state imposes on cities, counties, and school
districts. “We need to look at all the unfunded mandates that are on our books, that we in our wisdom in
Austin, Texas, said here is what you need to do.” While the governor has been criticizing Washington
regulations put on the states, he said, “If it’s good for the goose, it’s good for the gander.”
COMPTROLLER RELEASES STATE BUDGET FIGURES
This week, Comptroller Susan Combs released her biennial revenue estimate. The estimate attempts to
provide the legislature instruction regarding how much state revenue will be available for the next two
years. Comptroller Combs estimates that the state will have $72.2 billion to spend in general revenue,
approximately $15 billion less than budgeted in the current biennium. Her prediction includes a $4.3-
billion deficit in the current biennium.
Some groups argue that $99 billion is needed to fund current services for the next two-year budget cycle.
If that number is accurate, the shortfall for the upcoming budget would be as high as $27 billion. Other
groups argue that the shortfall is somewhat less.
In any case, what does a state budget deficit mean for cities? The State of Texas provides virtually no
financial assistance to cities. To the contrary, cities actually generate revenue (in the form of state fees in
municipal court, state agency fees, etc.) that is used by the legislature to fund state programs. During
these tough economic times, it is highly likely that the state will look to cities to fund an even larger share
of those programs. Stay tuned.
Town Council 106 of 116 Meeting Date: January 17, 2011
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TML LEGISLATIVE UPDATE “APP”
To download the TML Legislative Update application to your smart phone, go to
http://www.tmltv.org/SmartphoneApps.html on your phone's browser and click on the link that is
appropriate for your device. The app should then install automatically. (The app is currently available for
Blackberry, Windows phones, and Google Android phones. An iphone app is currently unnecessary
because of the Web-browsing capability of that phone.)
Please note that some devices may require you to manually update the app to download each week’s
content. New content is usually available every Thursday evening through the end of May 2011.
Please contact the League at 512-231-7400 with questions.
PROPOSAL COULD REQUIRE SOME APPOINTED CITY
BOARD MEMBERS TO REGISTER WITH SECURITIES AND
EXCHANGE COMMISSION
On December 20, 2010, the Securities and Exchange Commission (SEC) released a proposed rule that
could require appointed board members of municipal entities that issue municipal securities or that invest
public funds to register as “municipal advisors” with the SEC and Municipal Securities Rulemaking
Board (MSRB). Those who are required to register would be subject to accompanying record-keeping
and administrative compliance requirements, as well as a heightened fiduciary standard of care.
The term “municipal advisor” is defined in the proposed rule to exclude city employees, elected city
officials, and elected ex-officio members of a board (e.g., a councilmember serving on a city board). But
according to the SEC, the rule should apply to appointed members of a municipal entity because
appointed members, unlike employees or elected officials, are not held sufficiently accountable for their
actions.
The MSRB currently requires municipal advisers to pay $600 in annual registration fees. Needless to say,
volunteers appointed to serve on city boards that issue bonds or invest public funds would likely find the
price of serving their communities to be cost prohibitive if the proposed rule were adopted.
The League is coordinating with national municipal groups to determine how best to respond to the
proposed rule. For more information, or to submit comments to the SEC online, please visit
http://sec.gov/news/press/2010/2010-253.htm. Comments must be submitted to the SEC no later than
February 22, 2011.
FEDERAL AGENCIES MUST PAY LOCAL
STORMWATER FEES
On Tuesday, January 4, President Obama signed Senate Bill 3481 into law. The law requires federal
agencies to pay the same local fees or assessments associated with stormwater runoff that would be
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applicable to any non-governmental entity. Some agencies had argued that such fees were local taxes,
which the federal government does not have to pay.
The new law expressly resolves any disagreements over whether local governments may collect
stormwater fees from the federal government. Of course, state agencies and public or private colleges and
universities remain exempt from municipal drainage fees under state law (and there will no doubt be bills
filed to expand those exemptions). The Texas Legislature is the only body that can address that issue.
COMMITTEES RELEASE MORE INTERIM REPORTS
House State Affairs Committee
The House State Affairs Committee, which considered five interim charges, recently released its interim
report. The interim charge most relevant to cities relates to state and local responses to the burdens
potentially caused by undocumented immigrants.
The committee analyzed the current situation in Texas, including the costs to taxpayers as they relate to
undocumented immigrants. It determined that the immigration system in the United States is “broken”
and recommended that the President and the U.S. Congress act to fix it.
Other recommendations cover items such as: (1) updating of state buildings to be more energy efficient;
(2) monitoring federal legislation and agency rules that impact electricity generation, pricing, and
consumption; and (3) ensuring that energy policies in Texas balance the needs of the state to encourage
investment and a diverse fuel mix with the costs incurred by investors and consumers.
The full text of the report is available online at
http://www.house.state.tx.us/_media/pdf/committees/reports/82interim/House-Committee-on-State-
Affairs-Interim-Report-2010.pdf.
Senate Subcommittee on Flooding and Evacuations
The Senate Subcommittee on Flooding and Evacuations, which considered five interim charges, recently
released its interim report. The interim charges requested the subcommittee to study: (1) the benefit of
legislation that would require coastal regions to consider flooding when making drainage and other
infrastructure improvement; (2) methods of emergency notification during a natural disaster; (3)
alternative systems and new technologies for rerouting 9-1-1-type calls to become more efficient and
effective; (4) streamlining the process of informing citizens impacted by an emergency or disaster prior to
the event about re-entry and aid; and (5) cost effective options to either retrofit or require new building
structures to be built as shelters for use during future evacuations. A summary of the committee’s key
recommendations follows:
• Coastal Region Infrastructure: The committee recommended that local authorities come
together to create a regional drainage plan that can take flooding into account when improving
infrastructure. The committee also recommended that local entities look to the Rio Grande
Regional Water Authority for a comprehensive drainage plan. The committee recommended that
new drainage districts be created in the Rio Grande Valley to help with the flooding issues.
• Emergency Notification and 9-1-1: The committee recommended that: (1) local authorities
connect mobile phone numbers with physical addresses to help with the Emergency Notification
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System; (2) local authorities work with modern modes of communication such as social media
sites and mobile phones; and (3) 9-1-1 call centers be in hardened facilities and be stocked with
fuel and other supplies. The committee also joined the Sunset Advisory Commission in
recommending that the Commission on State Emergency Communications establish an advisory
committee for the development, implementation, and management of NEXT GEN 9-1-1 systems.
• Citizen Education: The committee recommended that local jurisdictions be required to conduct
annual drills to ensure proper understanding of how the Emergency Alert System functions and
the proper time to use such systems.
• Local Shelters: The committee recommended that local evacuation shelters be constructed and
that existing infrastructure be retrofitted. The committee recommended following the State of
Florida’s shelter plans, which are contained in the interim report’s appendix.
The full text of the report is available online at
http://www.senate.state.tx.us/75r/senate/commit/c523/c523.InterimReport81.pdf.
House Committee on Natural Resources
The House Committee on Natural Resources, which considered five interim charges, recently released its
interim report. The report focuses mainly on the state’s groundwater issues. Four of the charges
contained issues of interest to cities, including the following recommendations to the legislature:
• Groundwater – Desired Future Conditions Planning Process
o Encourage further regional stakeholder participation in the desired future conditions
(DFCs) process, which affects groundwater permitting levels, at the groundwater
management area (GMA) level, possibly considering the addition of non-voting, ex-
officio regional water planning group members to the respective GMAs.
o Consider the incorporation of more formal proceedings for the DFCs petitioning process,
such as conducting a contested case hearing through the State Office of Administrative
Hearings and evaluate the court's ability to award legal fees.
o Clarify the statutory language related to “permitting up to the MAG (managed available
groundwater)” and the inclusion/exclusion of exempt uses in the MAG.
• Federal Water Initiatives
o Continue to monitor and evaluate the effects of current and proposed federal initiatives
that could impact the implementation of the State Water Plan, including the proposed
expansion of federal water regulation through the Clean Water Restoration Act and the
proposed Sustainable Watershed Planning Act.
• Water Conservation Plans/ Drought Contingency Plans
o Consider directing the Texas Water Development Board (TWDB) and the Texas
Commission on Environmental Quality (TCEQ) to require the development and
implementation of water conservation plans (WCPs) and drought contingency plans
(DCPs), and create enforcement measures to ensure compliance.
• Water Conservation Advisory Council/Gallons per Capita per Day
o Monitor the progress and recommendations of the Water Conservation Advisory Council
and support the standardization of the “gallons per capita per day” measurement in order
to assist Texas cities in uniformly measuring and evaluating their water use.
• Desalination, Recycled Water Resources, and Aquifer Storage and Recovery
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o Continue to examine the advancement and commercial viability of water conservation
technologies like desalination, recycling, and aquifer storage and recovery across the
state.
• Implementation/Consistency of Statewide Conservation Program
o Evaluate the effectiveness of existing conservation programs and enhance any statewide
water conservation education programs developed through a local and regional planning
process that considers the unique challenges facing different areas of the state.
o Consider providing incentives to the public for participating in conservation practices.
o Continue to encourage localities to initiate projects that promote water conservation.
The full text of the report is available online at
http://www.house.state.tx.us/_media/pdf/committees/reports/82interim/House-Committee-on-Natural-
Resources-Interim-Report-2010.pdf.
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.
CITY-RELATED BILLS FILED
H.B. 506 (Callegari) – Intoxication Offenses: would require the use of an ignition interlock device as a
condition of community supervision following a conviction for certain intoxication offenses.
H.B. 507 (Button) – Procurement Notice: would provide that: (1) if a city maintains an Internet Web
site, the city – instead of publishing notice of competitive procurement solely in a newspaper – may:
(a) publish notice – either in print or on a newspaper's Internet Web site – in the newspaper once not later
than the fourteenth day before the bid receipt deadline; and (b) post notice continuously on the city’s
Web site for at least fourteen days immediately preceding the bid receipt deadline; and (2) the
procurement of legal notices is exempt from competitive bidding.
H.B. 512 (Dutton) – Peace Officer Searches: would provide that a peace officer who stops a motor
vehicle for any alleged violation of a law or ordinance regulating traffic may not search the vehicle unless
the peace officer: (1) has probable cause or another legal basis for conducting the search, including
conducting a search based on a reasonable fear for the safety of the peace officer or another person; (2)
obtains the written consent of the operator of the vehicle on a state-mandated form; or (3) obtains the oral
consent of the operator of the vehicle and ensures that the oral consent is evidenced by an audio and video
recording made according to state-adopted procedures.
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H.B. 519 (S. Turner) – Electricity: would, among other things, provide that: (1) until a municipally
owned utility or electric cooperative implements customer choice, the utility or cooperative may not
reduce in any manner programs already offered to assist low-income electric customers; (2) the Public
Utility Commission shall adopt and enforce rules requiring transmission and distribution utilities to
establish a low-income electric customers program fund under commission oversight; and (3) the
commission by rule shall impose a nonbypassable low-income electric customers program fund fee in an
amount not to exceed 63 cents per megawatt hour, allocated to customers based on the amount of kilowatt
hours used, on the retail electric customers of a municipally owned utility or electric cooperative only
after the utility or cooperative implements customer choice.
H.B. 520 (Driver) – Police Personnel Records: 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 individual subject to a termination report to contest the report through a petition
in a form created by the Commission; (3) require the Commission to refer such a petition to the State
Office of Administrative Hearings; and (4) 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.
H.B. 524 (F. Brown) – Disannexation: would provide that if a city fails or refuses to disannex an area
pursuant to a petition alleging failure to provide services, a district court shall enter an order disannexing
the area if the court finds that a valid petition was filed with the city and that the city failed to perform its
obligations in accordance with the service plan or the state law governing provision of services. (Note:
This bill would overturn a Supreme Court of Texas decision in favor of the City of Bryan.)
H.B. 526 (McLendon) – Property Tax: would provide a complete residence homestead property tax
exemption for the surviving spouse of a totally disabled veteran if: (1) the surviving spouse has not
remarried; (2) the property was the residence homestead of the surviving spouse when the disabled
veteran died; and (3) the property remains the residence homestead of the surviving spouse. (Note: please
see H.J.R. 528, below.)
H.B. 531 (McClendon) – Emergency Prehospital Care: would: (1) except emergency medical services
personnel who are providing emergency prehospital care from civil liability, criminal liability, or
disciplinary action for failure to act in accordance with a written directive; (2) except emergency medical
service personnel who are providing emergency prehospital care from reviewing, examining, interpreting
or honoring a person’s out-of-hospital do not resuscitate order; and (3) permit a physician present while a
person is receiving emergency prehospital care to order the termination of CPR if the physician
determines that it should be discontinued.
H.B. 532 (Lewis) – Immigration: would: (1) provide that as soon as practicable after a person is
arrested for a felony or for driving while intoxicated, and before the person is released on bond, the law
enforcement agency that arrested the person or that has custody of the person shall make a reasonable
effort to: (a) have the person's immigration status verified by a law enforcement officer who is authorized
under federal law to verify a person's immigration status or a federal law enforcement officer; and (b) if
United States Immigration and Customs Enforcement (ICE) does not have the results of the immigration
status of the person, notify ICE if the person is not a citizen or national of the United States and is
unlawfully present in the United States; (2) allow a peace officer: (a) without warrant, to arrest an
individual who the officer has probable cause to believe is not a citizen and is unlawfully present in the
United States; (b) to detain the individual for up to 48 hours; and (c) require an officer to promptly notify
ICE; (3) limit how bail may be set for individuals arrested for a felony or for driving while intoxicated
and who is unlawfully present in the United States; and (4) make it a felony of the second degree for a
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person who is not a citizen of the United States to: (a) submit or attempt to induce another to submit an
application for voter registration; or (b) vote in an election.
H.B. 533 (Villarreal) – Property Tax: would: (1) require the chief appraiser of an appraisal district to
provide written notice to a property owner of a penalty for failure to file a rendition statement or property
report by certified mail; (2) provide that a penalty for failure to file a rendition statement or property
report is final if the penalty is not timely protested, an appraisal review board order has been issued, or if
a court imposes the penalty; (3) repeal the statute allowing the chief appraiser to keep up to twenty
percent of a penalty and redistribute a portion to each taxing unit participating in the appraisal district; (4)
allow an appraisal review board, and not the chief appraiser, to waive a penalty under certain
circumstances.
H.B. 539 (C. Anderson) – Elections: would: (1) require the voter registrar of each county and the
secretary of state to provide notice of voter identification requirements and to educate voters about the
requirements through certain programs by posting notice on certain Web sites; (2) provide that each
election clerk shall complete training relating to the acceptance and handling of the identification
presented by a voter to an election officer; (3) provide that the presiding judge shall post in a prominent
place on the outside of each polling location notice that a provisional ballot will be provided to a person
who executes the appropriate affidavit and a list of the acceptable forms of photographic and non-
photographic identification; (4) require a voter to present to an election officer at the polling place a voter
registration certificate and an acceptable form of identification; (5) provide that, if a voter does not
present acceptable identification, the voter shall be accepted for provisional voting only; (6) modify the
types of acceptable voter identification documents; and (7) provide that a voter who is accepted for
provisional voting due to lack of proper identification may present acceptable proof of identification to
the early voting ballot board not later than the sixth day after the date of the election.
H.B. 546 (Dutton) – Arrest Expunction: would authorize a district court to expunge all records and
files relating to the arrest of a person if the person is placed on deferred adjudication community
supervision for certain offenses and the judge subsequently discharges the person and dismisses the
proceedings.
H.B. 563 (Pickett) – Transportation Reinvestment Zones: would amend the law relating to
transportation reinvestment zones (TRZs) to provide that: (1) a TRZ may be used to facilitate the
improvement, development, or redevelopment of property or to enhance a local entity's ability to sponsor
a transportation project funded by pass-through tolls; (2) 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 and contain findings that promotion of the transportation project will cultivate the
improvement, development, or redevelopment of the zone; (3) 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 amount
allocated under previous agreements; (4) 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; (5) 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; (6)
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; (7) any surplus remaining in a tax increment account on
termination of a zone may be used for other purposes as determined by the municipality; (8) county TRZ
authority is expanded; and (9) The Texas Department of Transportation may not reduce funding to a
county or city that designates and uses a TRZ, nor may the department reduce funding to one if its
districts because the district contains a TRZ.
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H.B. 564 (Craddick) – Portable Fire Extinguishers: would require a city that adopts an ordinance,
order, or policy requiring motor vehicles owned by the city to be equipped with portable fire
extinguishers to have the extinguishers inspected annually.
H.B. 567 (Guillen) – Mandatory School Attendance: would authorize a municipal court to, in some
instances where juveniles appear before the court: (1) require a parent and child to provide the court with
evidence that the child is in compliance with the compulsory school attendance requirements in state law;
(2) include in the judgment against the child an order for the parent and child to comply with compulsory
school attendance laws and provide evidence of such compliance to the court; and (3) if applicable, order
the child’s learner’s permit or driver’s license suspended for up to a year.
H.B. 571 (Huberty) – Aggregate Quarries: would place new registration, inspection, and reporting
requirements on aggregate quarries, as well as creating fees and enforcement authority through the Texas
Commission on Environmental Quality. (Any city that regulates quarry operations should review this bill
closely.)
H.B. 575 (D. Howard) – Governmental Immunity: would allow a nurse to sue a governmental entity,
including a city, that employs the nurse if the city has retaliated, discriminated, or terminated the nurse for
filing a good faith report.
H.B. 576 (McClendon) – Property Tax: would provide a complete residence homestead property tax
exemption for the surviving spouse of a totally disabled veteran if: (1) the surviving spouse has not
remarried; (2) the property was the residence homestead of the surviving spouse when the disabled
veteran died; (3) the property remains the residence homestead of the surviving spouse; and (4) the
qualifying surviving spouse applies for an exemption each year the spouse claims entitlement to the
exemption.
H.B. 577 (McClendon) – Emergency Services: would: (1) provide that emergency medical services
personnel who are providing emergency prehospital care do not have to review or honor a person’s
written directive; (2) provide that emergency medical services personnel who are providing emergency
prehospital care are subject to current statutory provisions governing advanced directives; and (3)
authorize a physician present while a person is receiving emergency prehospital care to order the
termination of cardiopulmonary resuscitation.
H.B. 582 (Button) – E-verify: would prohibit a governmental entity, including a city, from awarding an
economic development subsidy to a business that does not participate in E-verify.
H.B. 590 (Thompson) – Sales Tax: would do the following regarding the reallocation of city sales tax
revenues due to a mistake: (1) allow a taxpayer to amend a tax report for a previous reporting period
within the statute of limitations; (2) grant cities a right to notification and independent audit review
regarding reallocation decisions; and (3) allow cities to view certain information concerning the pending
reallocation, regardless of whether the information is confidential.
H.B. 593 (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.
H.B. 594 (Raymond) – Gambling: would: (1) require a coin-operated machine license holder to include
in its report to the comptroller: (a) the name and address of the owner of the machine; and (b) the name
and address of any person other than the owner who has a financial interest in the proceeds of the
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machine; (2) except from the requirement in (1)(b) above a corporate license holder where the
shareholder holds less than ten percent of the shares in the license holder’s corporation; (3) make a failure
to provide the required information to the comptroller a Class A misdemeanor; (4) provide that the
offense of gambling promotion is a state jail felony; and (5) provide that a person who commits a
gambling offense punishable as a felony or a Class A misdemeanor may also, under certain
circumstances, commit the offense of engaging in organized criminal activity.
H.B. 595 (Raymond) – False Identification as a Peace Officer: would make the offense of false
identification as a peace officer a third degree felony if the person committed the offense with the intent
to commit another felony.
H.J.R. 51 (Christian) – Mandatory Health Insurance: would: (1) prohibit a city or other governmental
entity from imposing or enforcing a penalty or sanction for an individual’s choice to have or not have
health insurance; and (2) protect the right of a city to have a contract for the provision of health insurance
coverage. (H.J.R. 24 by Paxton is identical to this resolution).
H.J.R. 52 (McLendon) – 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 if: (1) the surviving spouse has not remarried; (2) the property was the residence
homestead of the surviving spouse when the disabled veteran died; and (3) the property remains the
residence homestead of the surviving spouse. (Note: please see H.B. 526, above.)
H.J.R. 53 (Christian) – Property Tax: would amend the Texas Constitution to abolish all city, county,
and school district property taxes in Texas as of January 1, 2014.
H.J.R. 56 (Solomons) – Unfunded Mandates: would amend the Texas Constitution to provide that no
bill enacted by the legislature on or after January 1, 2012, requiring a local government to establish,
expand, or modify a duty or activity that requires the expenditure of revenue by the local government
shall be effective until and unless the legislature appropriates or otherwise provides for the payment or
reimbursement, from a source other than the revenue of the local government, or the costs incurred for the
biennium by the local government in complying with the requirement. (Please see article in this update.)
H.J.R. 57 (Berman) – Municipal Court: would: (1) require a Texas court to uphold the laws of the
Constitution of the United States, the Texas Constitution, federal laws and state laws; and (2) bar any
Texas court from enforcing, considering, or applying religious or cultural law.
S.B. 18 (Estes) – Eminent Domain
: 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 10 years preceding the offer.
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11
5. provide that: (1) an entity seeking to acquire property may not include a confidentiality provision in an
offer or agreement to acquire the property; and (2) the entity shall inform the owner of the property that
the owner has the right to: (a) discuss any offer or agreement regarding the entity’s acquisition of the
property with others; or (b) keep the offer or agreement confidential (subject to the requirements of the
Texas Public Information Act).
6. require an entity with eminent domain authority that wants to acquire real property for a public use to
make a bona fide offer to acquire the property from the property owner voluntarily, and list specific
criteria that must be met to meet the bona fide offer requirement.
7. provide that a court that determines that a condemnor did not make a bona fide offer to acquire the
property from the property owner voluntarily must abate the suit, order the condemnor to make a bona
fide offer, and order the condemnor to pay costs and attorneys’ and other professionals’ fees.
8. provide that a condemnation petition must state with specificity the public use for which the entity
intends to acquire the property and that the city made a bona fide offer to acquire the property voluntarily.
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.
(Companion bill is H.B. 279 by Geren. Also, this bill is identical to S.B. 180 by Estes.)
S.B. 313 (Seliger) – Special Districts: would allow the Texas Commission on Environmental Quality to
adopt rules regarding the inclusion of all or part of the land within an existing priority groundwater
management area in a new or existing special district.
S.B. 315 (Carona) – Criminal Street Gangs: would: (1) require a juvenile justice agency to compile
criminal information into an intelligence database for the purpose of investigating or prosecuting criminal
street gangs; and (2) include local law enforcement representatives on the Texas Violent Gang Task
Force.
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S.B. 316 (Whitmire) – Felony Forfeiture: would: (1) prohibit prosecutors from executing a plea
bargain agreement that would waive a person’s interest in property seized under the felony forfeiture
laws; (2) provide that post-judgment interest on money seized under the felony forfeiture laws shall be
used for the same purposes that the principal is used; (3) prohibit the use of felony forfeiture funds for: (a)
political campaigns; (b) donations to certain organizations that do not assist in the detection,
investigation, or prosecution of crime or provide rehabilitation services; (c) judicial training; (d) certain
travel expenses; (e) alcoholic beverages; (f) any expenditure not approved by the city council if the law
enforcement agency head holds elective office and is not running for reelection or did not prevail in a
reelection bid; or (g) a salary, expense, or allowance for an employee of the law enforcement agency that
was not approved by the city council; (3) require more detailed local audits of the expenditure of felony
forfeiture funds; (4) permit the state auditor to investigate at any time the expenditure of felony forfeiture
funds; (5) permit the attorney general to sue a law enforcement agency or prosecutor who misuses felony
forfeiture funds; and (6) permit up to a $100,000 civil fine for misuse of felony forfeiture funds.
S.B. 319 (Carona) – Electricity: would, among other things, provide that: (1) until a municipally owned
utility or electric cooperative implements customer choice, the utility or cooperative may not reduce in
any manner programs already offered to assist low-income electric customers; (2) the Public Utility
Commission shall adopt and enforce rules requiring transmission and distribution utilities to establish a
low-income electric customers program fund under commission oversight; and (3) the commission by
rule shall impose a nonbypassable low-income electric customers program fund fee in an amount not to
exceed 63 cents per megawatt hour, allocated to customers based on the amount of kilowatt hours used,
on the retail electric customers of a municipally owned utility or electric cooperative only after the utility
or cooperative implements customer choice.
S.B. 321 (Hegar) – Firearms: would: (1) preclude an employer from prohibiting an employee who has a
concealed handgun license from transporting or storing a firearm or ammunition in a locked, privately
owned vehicle in a parking lot, garage, or parking area provided for employees; but (2) provide that the
bill’s restriction on an employer do not apply to a vehicle owned or leased by the employer and used by
the employee, unless the employee is required to transport or store a firearm in the official discharge of
the employee’s duties.
S.B. 326 (Duncan) – Property Tax: would modify the Super-Freeport property tax exemption to clarify
that the exemption is not available for goods stored at a warehouse that is in “any way” owned or
controlled by the owner of the goods.
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 116 of 116 Meeting Date: January 17, 2011