Agenda Packet TC 03/05/2012Town Council
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom7:00 PMMonday, March 5, 2012
CALL TO ORDER AND ANNOUNCE A QUORUM
INVOCATION
PLEDGES
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
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.
1.2012-86-T Consider and take appropriate action regarding the Minutes dated February 20, 2012.
February 20 2012.pdfAttachments:
REGULAR SESSION
2.2012-90-T Consider and take appropriate action regarding a Proclamation proclaiming March 18
-24, 2012 as Poison Prevention Week.
PRO 2012-01 50th Annual Observance of Poison Prevention Week.pdfAttachments:
3.2012-99-T Consider and take appropriate action regarding a Proclamation proclaiming April 25,
2012 as the 7th annual Parental Alienation Awareness Day and Bubbles of LOVE Day.
PRO 2012-02 Parental Alienation Awareness Day.pdfAttachments:
Town Council Page 1 of 50 Meeting Date: March 5, 2012
March 5, 2012Town Council Meeting Agenda
4.2012-87-T Consider and take appropriate action regarding an Interlocal Cooperation Agreement
between the Town and Denton County relative to County funding of road improvements
for the roundabout at Trophy Lake Drive and Trophy Club Drive and for funding of other
street improvements in the Town; and authorizing the Mayor or her designee to execute
all necessary documents.
5.2012-88-T Consider and take appropriate action regarding the approval of a joint election
agreement and contract for election services with Denton County; and authorizing the
Mayor or her designee to execute all necessary documents.
Joint Contract May 2012.pdfAttachments:
6.2012-89-T Consider and take appropriate action regarding the approval of an Ordinance ordering
and calling a joint general election between the Town of Trophy Club and the Trophy
Club Municipal Utility District No. 1 to be held on May 12, 2012 for the purpose of
electing one (1) Council Member for Place #3 for a three year term and one (1) Council
member for Place #4 for a three year term on the Trophy Club Town Council; providing
for canvassing of returns; providing for a runoff election as necessary; adopting
provisions relative to publication and other matters necessary to conduct the election;
and providing an effective date.
ORD 2012-06 Calling May 12, 2012 Election.pdfAttachments:
7.2012-65-T Consider and take appropriate action regarding the May 7, 2012 Council meeting.
8.2012-95-T Town Council Liaison Updates; discussion of same:
- February 21, 2012 TCMUD No. 1 Meeting; Council member Rose
9.2012-96-T Town Manager Slye's update regarding the following; discussion of same.
- Warrant Round-Up
- Beautification Committee
- Beck Expansion
- Community Clean-Up/Arbor Day
- PD-30
- May 2012 Election
10.2012-97-T Mayor and Council Updates regarding training opportunities, educational sessions, and
regional meetings; discussion of same.
- February 24, 2012 Neighbor Helping Neighbor
- February 24, 2012 Texas Public Officials Workshop
- March 2, 2012 Mayor's Roundtable
- March 2, 2012 Council Strategic Planning Session
11.2012-98-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 Page 2 of 50 Meeting Date: March 5, 2012
March 5, 2012Town 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 Thursday, March 1, 2012 by
5:00 P.M. in accordance with Chapter 551, Texas Government Code.
______________________________
Shannon DePrater, Town Secretary
If you plan to attend this public meeting and have a disability that requires special
needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in
advance, and reasonable accommodations will be made to assist you.
I certify that the attached notice and agenda of items to be considered by this Board
was removed by me from the front window of the Svore Municipal Building, 100
Municipal Drive, Trophy Club, Texas, on the __________ day of
______________________, 2012.
________________________________, Title: ___________________________
Town Council Page 3 of 50 Meeting Date: March 5, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-86-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/28/2012 Town Council
On agenda:Final action:3/5/2012
Title:Consider and take appropriate action regarding the Minutes dated February 20, 2012.
Attachments:February 20 2012.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding the Minutes dated February 20, 2012.
Town Council Page 4 of 50 Meeting Date: March 5, 2012
MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, February 20, 2012 at 6:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, February 20, 2012.
The meeting was held within the boundaries of the Town and was open to the public.
STATE OF TEXAS §
COUNTY OF DENTON §
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Larry Hoover Mayor Pro Tem
Margi Cantrell Council Member
Bill Rose Council Member
Glenn Strother Council Member
Jeannette Tiffany Council Member
STAFF AND GUEST(S) PRESENT:
Mike Slye Town Manager
Stephen Seidel Assistant Town Manager
Shannon DePrater Town Secretary
Patricia Adams Town Attorney
Scott Kniffen Police Chief
Danny Thomas Fire Chief
Carolyn Huggins Community Development Director
Adam Adams Parks and Recreation Director
Eric Cannon Finance Director
Mayor White announced the date of February 20, 2012, called the Workshop Session to order and announced a
quorum at 6:01 p.m.
WORKSHOP SESSION - 6:00 P.M.
1. Recognition of Employee of the Quarter and Employee of the Year (2011); discussion of same.
Town Manager Slye introduced Mario Najera, Landscape Maintenance Worker as the Employee of the Quarter
and Tony Jaramillo, Parks Superintendent as Employee of the Year (2011).
2. Acknowledge Induction of Steve Melbourne, Coach of Triton Swim Team, into the Texas Amateur
Athletic Federation Hall of Fame for 2012; discussion of same.
Town Manager Slye introduced Steve Melbourne and congratulated him on his induction. Town Manager Slye
introduced Laura Gutherie, who presented Mr. Melbourne with a plaque and offered some history on Mr.
Melbourne’s achievements with the Triton Swim Team.
Mr. Melbourne thanked the swim team members in the audience.
Town Council Page 5 of 50 Meeting Date: March 5, 2012
3. Presentation by Staff and the Parks and Recreation Board concerning various Park and Recreation
operations; discussion of same.
Jacob Lohse, Aquatic & Outdoor Supervisor, presented the Town Council with a 2011 Community Pool and
Trophy Club Park 2011 update and addressed questions from the Council.
Presentations included in the Minutes.
4. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for
February 20, 2012.
5. Discussion of proposed agenda items for the March 5, 2012 Regular Session Agenda.
Mayor White called for a small break.
CONVENE INTO REGULAR SESSION AT - TIME 7:07 p.m.
The Invocation was offered by Parks & Recreation Director Adam Adams.
The Pledges were led by Police Chief Scott Kniffen.
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.
No citizen presentations were made.
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.
6. Consider and take appropriate action regarding the Minutes dated February 6, 2012.
7. Consider and take appropriate action to approve the First Modification to Neighborhood 6, Phase 2F
Subdivider's Agreement by and between the Town and High Trophy Development, LLC, and
authorizing the Mayor or her designee to execute all necessary documents.
Motion made by Council member Cantrell, seconded by Mayor Pro Tem Hoover to approve the consent agenda
items as presented. Motion carried unanimously.
Town Council Page 6 of 50 Meeting Date: March 5, 2012
REGULAR SESSION
8. Consider and take appropriate action regarding a request for Site Plan approval for Samuel Beck
Elementary School, 401 Parkview Drive, located in the Northwest Independent School District (NISD),
East Campus Addition. Applicant: M. J. Thomas Engineering on behalf of NISD
A. Consider and take appropriate action regarding an Ordinance abandoning an existing 15-ft. utility
easement for the Samuel Beck Elementary School NISD project, and authorizing the Mayor or her
designee to execute all necessary documents.
B. Consider and take appropriate action regarding a Developer’s Agreement between NISD and the
Town for the public improvements to be constructed by NISD in conjunction with, and to service
the needs of, Samuel Beck Elementary School, and authorizing the Mayor or her designee to
execute all necessary documents.
Town Manager Slye introduced Mickey Thomas, M.J. Thomas Engineering, who presented the Council with a
presentation of the Samuel Beck Elementary School NISD Project and addressed questions from Council.
Planning and Zoning Chairman Gene Hill stated the following:
On February 16, 2012 the Planning and Zoning Commission heard the representatives of M. J. Thomas
Engineering, LLC, of Ft. Worth TX, on behalf of Northwest Independent School District (NISD), concerning a
request for Site Plan approval for Samuel Beck Elementary School, 401 Parkview Drive, located in the NISD East
Campus Addition.
NISD is proposing to add a 12,715 sq. ft. building to its existing Samuel Beck Elementary school, along with an
additional looped driveway on the north side of the property and additional parking on the south side of the site.
As part of this project, NISD will be adding landscaping to comply with the Town's landscape regulations;
additional details concerning this project are incorporated in the Council's agenda packet for this meeting.
Town Staff and the Town Engineer advised the Commission that the request and plans have been reviewed and
that they meet or exceed Town ordinances and regulations requirements.
By a unanimous vote of 7-0, the Commission recommended approval of the NISD request for additions to the
Samuel Beck Elementary School campus.
Motion made by Council member Rose, seconded by Council member Tiffany, to approve the Site Plan for
Samuel Beck Elementary School, 401 Parkview Drive, located in the Northwest Independent School District
(NISD), East Campus Addition, Ordinance 2012-05 abandoning an existing 15-ft. utility easement for the Samuel
Beck Elementary School NISD project, and authorizing the Mayor or her designee to execute all necessary
documents, and the Developer’s Agreement between NISD and the Town for the public improvements to be
constructed by NISD in conjunction with, and to service the needs of, Samuel Beck Elementary School, and
authorizing the Mayor or her designee to execute all necessary documents as amended. Motion carried
unanimously.
9. Consider and take appropriate action regarding a Resolution in support of the reallocation of two
million dollars in TRIP 08 Bond funds by the Denton County Commissioners Court from a grant to the
Town for a Loop Road Study to a Grant for the Construction of the Roundabout and other street
improvements within the Town; and providing an effective date.
Town Manager Slye explained that this Resolution will allow Denton County to reallocate the funds requested for
planning the loop road to be moved toward the Roundabout project located at Trophy Club Drive and Trophy Lake
Drive and other street improvements that have been identified.
Jim Parrow, 8 Brookfield addressed the Council and spoke against building the Roundabout located at Trophy
Club Drive and Trophy Lake Drive.
Town Council Page 7 of 50 Meeting Date: March 5, 2012
Mayor White opened agenda item #10 in conjunction with the current agenda item.
10. Consider and take appropriate action regarding the award/rejection of bids for the Trophy Club Drive
and Trophy Lake Drive Roundabout Project, apparent lowest responsible bidder CPS Civil, LLC, in
an amount not to exceed $1,815,090.35, and authorizing the Mayor or her designee to execute all
necessary documents.
Tom Rutledge, Town Engineer, presented the Council with an overview of the proposed Roundabout Project at
Trophy Club Drive and Trophy Lake Drive, explained the bids received and addressed questions from the
Council.
Mayor White called a short break and resumed the meeting at 8:51 p.m.
The following residents addressed the Council and expressed their views against the building of the Roundabout:
• Dave Edstrom, 269 Oak Hill Drive
• Nick Sanders, 7 Hayes Court
• Scott Smith, 2 Salida
• Jim Parrow, 8 Brookfield
Council member Rose presented a short video and presentation.
Motion made by Mayor Pro Tem Hoover, seconded by Council member Rose, to award the bid for the Trophy
Club Drive and Trophy Lake Drive Roundabout Project, to apparent lowest responsible bidder CPS Civil, LLC, in
an amount not to exceed $1,275,987.00 with alternates totaling $539,103.35, and authorizing the Mayor or her
designee to execute all necessary documents.
Council member Cantrell, seconded by Mayor Pro Tem Hoover, called the question. Motion carried unanimously.
Original motion to award the bid to CPS Civil, LLC passed unanimously.
Motion made by Council mem ber Cantrell, seconded by Council member Tiffany, to approve Resolution 2012-02
in support of the reallocation of two million dollars of TRIP 08 Bond funds by the Denton County Commissioners
Court from a grant to the Town for a Loop Road Study to a Grant for the Construction of the Roundabout and
other street improvements within the Town; and providing an effective date. Motion carried unanimously.
Presentations included in the Minutes.
11. Consider and take appropriate action to direct Staff regarding sales tax reallocation for
consideration by voters at the May, 2012 election.
A. Receive CFAB Status Update relative to sales tax reallocation; discussion of same.
Town Manager Slye introduced Kathy Carlton, Citizens Financial Advisory Board Secretary.
Ms. Carlton advised Council of the meeting schedule of the Citizens Financial Advisory Board and gave a brief
update of the Board’s status and a list of items the Board is researching and that there is no report to be made to
the Council.
Susan Edstrom, 269 Oak Hill addressed the Council and asked them to wait until the November Election to have
enough time to research every option.
Town Manager Slye stated to Council that with no recommendation from the Citizens Financial Advisory Board,
Staff is not ready to move forward at this time.
Discussion only, no action taken.
Town Council Page 8 of 50 Meeting Date: March 5, 2012
12. Consider and take appropriate action regarding Park project prioritization and expenditure of
remaining Park Bond Funds.
Parks and Recreation Director Adam Adams announced a quorum of the Parks and Recreation Board.
Mr. Adams provided Council with an update on the Park Bond Projects, gave options of remaining potential bond
projects and addressed questions from Council.
Dean Murray, 2000 Churchill Downs Drive, addressed the Council in regards to lighting Independence East for
additional events.
Parks and Recreation Board Chair Larry Lentzner addressed the Council and addressed various questions from
Council members.
Trails Subcommittee Chair Kathy Trotter asked Council to consider giving more funds to the trails to build a trail
head for the east entrance to Trophy Club Park.
Council member Rose provided a brief presentation on splash pads.
Town Manager Slye stated that he would like to bring back numbers for a 600 square foot splash park and revisit
the discussion.
Council member Strother asked the Parks and Recreation Board to perform a critical needs analysis on the
potential bond projects list and bring back to Council.
Mayor White requested that the Parks and Recreation Board also bring back the smaller splash park numbers
and include a ranking for potential bond projects.
Discussion only; no action taken.
Presentation included in the minutes.
13. Consider and take appropriate action regarding a Resolution of the Town Council suspending the
March 6, 2012 effective date of the Atmos Energy Corporation, Mid-Tex Division ("Atmos Mid-Tex")
requested rate change to permit the Town time to study the request and establish reasonable rates;
approving cooperation with ATMOS Cities Steering Committees and the hiring of attorneys and
consultants; requiring reimbursement of rate case expenses; and providing an effective date.
Motion made by Council member Rose, seconded by Mayor Pro Tem Hoover, to approve Resolution 2012-03 of
the Town Council suspending the March 6, 2012 effective date of the Atmos Energy Corporation, Mid-Tex
Division ("Atmos Mid-Tex") requested rate change to permit the Town time to study the request and establish
reasonable rates; approving cooperation with ATMOS Cities Steering Committees and the hiring of attorneys and
consultants; requiring reimbursement of rate case expenses; and providing an effective date. Motion carried
unanimously.
14. Consider and take appropriate action regarding a Resolution to approve the application for a Crime
Analysis Impact Program Grant through the Criminal Justice Division of the Office of the Governor,
Criminal Justice Division; and providing an effective date.
Motion made by Council member Tiffany, seconded by Mayor Pro Tem Hoover, to approve Resolution 2012-04
approving the application for a Crime Analysis Impact Program Grant through the Criminal Justice Division of the
Office of the Governor, Criminal Justice Division; and providing an effective date. Motion carried unanimously.
Town Council Page 9 of 50 Meeting Date: March 5, 2012
Mayor White opened Agenda Item 15 and 16 to discuss concurrently.
15. Consider and take appropriate action regarding a Resolution to approve the application for a
Criminal Justice Technology Program Grant through the Criminal Justice Division of the Office of
the Governor, Criminal Justice Division; and providing an effective date.
16. Consider and take appropriate action regarding a Resolution to approve the application for a Drug
Interdiction and Juvenile Resource Program Grant through the Criminal Justice Division of the
Office of the Governor, Criminal Justice Division; and providing an effective date.
Motion made by Council member Cantrell, seconded by Council member Rose, to approve Resolution 2012-05
approving the application for a Criminal Justice Technology Program Grant and to approve Resolution 2012-06
approving the application for a Drug Interdiction and Juvenile Resource Program Grant through the Criminal
Justice Division of the Office of the Governor, Criminal Justice Division; and providing an effective date. Motion
carried unanimously.
17. Consider and take appropriate action regarding the submittal of an application for the Staffing for
Adequate Fire and Emergency Response (SAFER) Grant; and providing an effective date.
Motion made by Council member Rose, seconded by Mayor Pro Tem Hoover approving the submittal of an
application for the Staffing for Adequate Fire and Emergency Response (SAFER) Grant; and providing an
effective date.
Council member Cantrell requested that when the time arrives to discuss this item jointly with the Trophy Club
Municipal Utility District No. 1 Board.
Motion carried unanimously.
18. Consider and take appropriate action to allow Town Manager or his designee to approve
modifications to the Subdivider’s or Developer’s Agreements if the actual bid amount is within
Twenty percent (20%) of the construction estimates approved by the Town Engineer.
Motion made by Mayor Pro Tem Hoover , seconded by Council member Cantrell to allow the Town Manager or
his designee to approve modifications to the Subdivider’s or Developer’s Agreements if the actual bid amount is
within Twenty percent (20%) of the construction estimates approved by the Town Engineer. Motion carried
unanimously.
19. Review financial year ending September 30, 2011 unaudited position; discussion of same.
Town Manager Slye provided Council with a September 30, 2011 unaudited position and addressed questions
from Council.
Discussion only, no action taken.
20. Consider and take appropriate action regarding financial and variance report dated January 2012.
Motion made by Council member Cantrell, seconded by Council member Strother to approve financial and
variance report dated January 2012. Motion carried unanimously.
Town Council Page 10 of 50 Meeting Date: March 5, 2012
21. Receive Racial Profiling Report; discussion of same.
Police Chief Kniffen stated the Citizen Contact Report, sometimes referred to as the Racial Profiling Report, is
required by state law to be submitted to the governing body of the Town by March 1st of each year.
Input only, No action taken.
Report included in the minutes.
22. Town Council Liaison Updates; discussion of same:
- February 13, 2012 EDC 4B Meeting; Council member Strother
Town Council Strother was not able to attend the meeting, Mayor Pro Tem Hoover attended in his absence and
updated the Council and addressed questions. No action taken, update only.
23. Town Manager Slye's update regarding the following; discussion of same.
- Codification Initiative
- Strategic Planning Session
- Joint Session with TCMUD No. 1
- *Hazard Mitigation Action Grant Application
- May 2012 Election
Town Manager Slye updated the Council and addressed questions. No action taken, update only.
24. Mayor and Council Updates regarding training opportunities, educational sessions, and regional
meetings; discussion of same.
- February 7, 2012 - Chamber Luncheon
- February 8, 2012 - Northwest Communities Partnership Meeting
- - - BNHS Highlights
- February 10, 2012 - Northeast Tarrant Transportation Summit
- February 16, 2012 - Metroport Communities Partnership
- February 16, 2012 - Emergency Preparedness Planning Council Meeting
- February 17-19, 2012 - Elected Officials Conference
Mayor White and Council members gave a brief update of the meetings they attended since the last Council
meeting. No action taken, update only.
25. Items for Future Agendas.
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.
1. Consider and take appropriate action regarding procurement policies and their alignment with State
statutes. (Rose, 2/1/10)
2. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and
Production (Rose, 4/26/10)
3. Staff proposal regarding the amenity lakes, including associated costs to accept the amenity lakes from the
developer. (Stotts, 10/4/10)
4. Consider and take appropriate action regarding the creation of a “Going Green” initiative throughout the
Town. (White, 2/24/2011)
Town Council Page 11 of 50 Meeting Date: March 5, 2012
5. Consider and take appropriate action regarding updates to the Sign Ordinance (retail windows and political
signs) (White and Cantrell, 5/2/2011)
6. Consider and take appropriate action regarding ball park signage. (Cantrell, 6/6/2011)
7. Consider and take appropriate action regarding a Golf Cart Community. (Tiffany, 6/6/2011)
8. Rewrite of Handbook for Elected and Appointed Officials Handbook. (Rose/Slye, 8/15/11)
9. Consider and take appropriate action regarding splash pad options at Harmony Park, including
input/direction from Council to Staff to start construction and have available next summer. (Strother,
8/1/2011)
10. Consider and take appropriate action regarding the Town’s park space located just north of the new ball
fields at the corner of Parkview and Bobcat Boulevard to investigate whether or not it would be beneficial to
place on the ballot, for citizens approval, to sale and rezone as commercial and provide the proceeds
towards other parks and recreation needs. (Cantrell, 9/12/2011)
11. Consider and take appropriate action regarding the possibility of erecting a marquee at the North entrance
of the Town and asking the MUD and/or developers to help with the funding. (Cantrell, 11/14/2011)
No changes were made to the list of future agenda items.
ADJOURN
Motion made by Council member Cantrell seconded by Council member Tiffany to adjourn. Motion carried
unanimously. Meeting adjourned at 11:32 p.m.
___________________________________ ___________________________________
Shannon DePrater, Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Page 12 of 50 Meeting Date: March 5, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-90-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/28/2012 Town Council
On agenda:Final action:3/5/2012
Title:Consider and take appropriate action regarding a Proclamation proclaiming March 18 -24, 2012 as
Poison Prevention Week.
Attachments:PRO 2012-01 50th Annual Observance of Poison Prevention Week.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding a Proclamation proclaiming March 18 -24, 2012 as Poison Prevention
Week.
TOWN COUNCIL GOAL(S):
Goal # 3: Strong Partnerships and Community Involvement
Create a positive regional identity
Foster a well informed community
Forge collaborative relationships with other governmental and public entities
Support citizen volunteer opportunities
Promote recreational / active lifestyle opportunities for all ages
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Staff recommends approval of Proclamation.
Town Council Page 13 of 50 Meeting Date: March 5, 2012
TOWN OF TROPHY CLUB
PROCLAMATION 2012-01
50th Annual Observation of Poison Prevention Week - March 18-24, 2012
WHEREAS, our society has become increasingly dependent on household
chemicals to perform labor-saving, time-saving miracles; and on medicine to provide
health-giving, life-sustaining benefits.
WHEREAS, these products, when not used as intended or directed, may be
hazardous, particularly if children gain access to them.
WHEREAS, over the past 50 years, the nation has been observing Poison
Prevention Week to call attention to these hazards and how proper handling and
disposal of these substances and proper use of safety packaging can help eliminate
them.
WHEREAS, the efforts of our community organizations, complimented by the
efforts of the North Texas Poison Center have reduced childhood poisonings in Trophy
Club, Texas.
WHEREAS, the North Texas Poison Center, a regional poison center, located at
Parkland Health & Hospital System, provides the ultimate in human service
programming, immediate, accessible emergency information to save lives of victims of
poison-related emergencies, and
WHEREAS, these programs must continue as long as even one child swallows a
household product or medicine by mistake.
NOW THEREFORE, I Connie White, Mayor of the Town of Trophy Club, do
hereby proclaim the week of March 18-24, 2012, as Poison Prevention Week in this
Town. Further, I direct the appropriate agencies in our local government to continue
their cooperation with concerned citizens and community organizations, including our
schools, to develop programs which will alert our people to the continued danger of
misusing medicines and household products and to promote effective safeguards
against accidental poisonings among young children.
PROCLAIMED THIS THE 5TH DAY OF MARCH 2012.
_______________________________ ________________________________
Connie White, Mayor Shannon DePrater, Town Secretary
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Page 14 of 50 Meeting Date: March 5, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-99-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:3/1/2012 Town Council
On agenda:Final action:3/5/2012
Title:Consider and take appropriate action regarding a Proclamation proclaiming April 25, 2012 as the 7th
annual Parental Alienation Awareness Day and Bubbles of LOVE Day.
Attachments:PRO 2012-02 Parental Alienation Awareness Day.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding a Proclamation proclaiming April 25, 2012 as the 7th annual Parental
Alienation Awareness Day and Bubbles of LOVE Day.
TOWN COUNCIL GOAL(S):
Goal # 3: Strong Partnerships and Community Involvement
Create a positive regional identity
Foster a well informed community
Forge collaborative relationships with other governmental and public entities
Support citizen volunteer opportunities
Promote recreational / active lifestyle opportunities for all ages
Town Council Page 15 of 50 Meeting Date: March 5, 2012
TOWN OF TROPHY CLUB
PROCLAMATION 2012-02
Parental Alienation Awareness Day - April 25, 2012
WHEREAS, Parental Alienation deprives children of their right to love and be
loved by both parents and it is considered a form of child abuse;
WHEREAS, behaviors such as speaking negatively about a parent to, or in front
of, a child can destroy the bond between a loving parent and child;
WHEREAS, with awareness comes education, understanding and the power to
stop the abuse of innocent children caught in the crossfire of the people they love;
WHEREAS, this year is the 7th annual Parental Alienation Awareness Day and
the caring citizens of our community will gather together, joining others around the world
for 10 minutes at 12:00 noon on April 25, 2012 to blow bubbles for LOVE;
NOW THEREFORE, I Connie White, Mayor of the Town of Trophy Club, for the
sake of the precious children of our community and the world, do hereby proclaim April
25, 2012 as “Parental Alienation Awareness Day” in Trophy Club, Texas.
PROCLAIMED THIS THE 5th DAY OF MARCH 2012.
_______________________________ ________________________________
Connie White, Mayor Shannon DePrater, Town Secretary
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Page 16 of 50 Meeting Date: March 5, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-87-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/28/2012 Town Council
On agenda:Final action:3/5/2012
Title:Consider and take appropriate action regarding an Interlocal Cooperation Agreement between the
Town and Denton County relative to County funding of road improvements for the roundabout at
Trophy Lake Drive and Trophy Club Drive and for funding of other street improvements in the Town;
and authorizing the Mayor or her designee to execute all necessary documents.
Attachments:
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding an Interlocal Cooperation Agreement between the Town and Denton
County relative to County funding of road improvements for the roundabout at Trophy Lake Drive and Trophy Club Drive
and for funding of other street improvements in the Town; and authorizing the Mayor or her designee to execute all
necessary documents.
TOWN COUNCIL GOAL(S):
Goal # 3: Strong Partnerships and Community Involvement
Create a positive regional identity
Foster a well informed community
Forge collaborative relationships with other governmental and public entities
Support citizen volunteer opportunities
Promote recreational / active lifestyle opportunities for all ages
Goal #4: Healthy, Picturesque, and Environmentally Sound
Promote recreational / active lifestyle opportunities for all ages
Maintain neat and tidy appearance
Improve property maintenance standards and code enforcement
Develop / Enhance environmental and sustainability standards and programs
Goal #5: Financial and Operational Stewardship
Develop, recognize, and retain quality staff
Implement strong financial management standards
Improve effectiveness and efficiency of operational processes
Maintain / Improve infrastructure and assets
Provide cost-effective services
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Staff recommends approval.
Town Council Page 17 of 50 Meeting Date: March 5, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-88-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/28/2012 Town Council
On agenda:Final action:3/5/2012
Title:Consider and take appropriate action regarding the approval of a joint election agreement and
contract for election services with Denton County; and authorizing the Mayor or her designee to
execute all necessary documents.
Attachments:Joint Contract May 2012.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding the approval of a joint election agreement and contract for election
services with Denton County; and authorizing the Mayor or her designee to execute all necessary documents.
TOWN COUNCIL GOAL(S):
Goal # 3: Strong Partnerships and Community Involvement
Create a positive regional identity
Foster a well informed community
Forge collaborative relationships with other governmental and public entities
Support citizen volunteer opportunities
Promote recreational / active lifestyle opportunities for all ages
Goal #5: Financial and Operational Stewardship
Develop, recognize, and retain quality staff
Implement strong financial management standards
Improve effectiveness and efficiency of operational processes
Maintain / Improve infrastructure and assets
Provide cost-effective services
Deliver responsible customer service
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Staff recommends approval of the Joint Election Agreement with Denton County.
Town Council Page 18 of 50 Meeting Date: March 5, 2012
Page 1 of 10
THE STATE OF TEXAS
COUNTY OF DENTON
JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES
THIS CONTRACT for election services is made by and between the Denton County Elections Administrator and
the following political subdivisions located entirely or partially inside the boundaries of Denton County:
Town of Argyle
City of Aubrey
Town of Bartonville
City of Celina
Town of Copper Canyon
City of Corinth
Town of Corral City
Town of Cross Roads
City of Denton
Town of DISH
Town of Double Oak
Town of Flower Mound
City of Fort Worth
City of Frisco
City of Hackberry
Town of Hebron
Town of Hickory Creek
City of Highland Village
City of Justin
City of Krugerville
City of Krum
City of Lake Dallas
City of Lakewood Village
City of Lewisville
Town of Lincoln Park
Town of Little Elm
City of Northlake
City of Oak Point
City of Pilot Point
Town of Ponder
Town of Prosper
Town of Providence Village
City of Roanoke
City of Sanger
Town of Shady Shores
City of The Colony
Town of Trophy Club
Town of Westlake
Argyle Independent School District
Aubrey Independent School District
Celina Independent School District
Denton Independent School District
Frisco Independent School District
Krum Independent School District
Lake Dallas Independent School District
Lewisville Independent School District
Little Elm Independent School District
Northwest Independent School District
Pilot Point Independent School District
Ponder Independent School District
Prosper Independent School District
Sanger Independent School District
Trophy Club MUD 1
This contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 and Texas Education Code
Section 11.0581 for a joint May 12, 2012 election to be administered by Frank Phillips, Denton County Elections
Administrator, hereinafter referred to as “Elections Administrator.”
RECITALS
Each participating authority listed above plans to hold a general and/or special election on May 12, 2012.
The County owns an electronic voting system, the Hart InterCivic eSlate/eScan Voting System (Version 6.2.1),
which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and
is compliant with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section
61.012. The contracting political subdivisions desire to use the County’s electronic voting system and to compensate the
County for such use and to share in certain other expenses connected with joint elections in accordance with the
applicable provisions of Chapters 31 and 271 of the Texas Election Code, as amended.
NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS
AGREED as follows:
Town Council Page 19 of 50 Meeting Date: March 5, 2012
Page 2 of 10
I. ADMINISTRATION
The parties agree to hold a “Joint Election” with Denton County and each other in accordance with Chapter 271 of
the Texas Election Code and this agreement. The Denton County Elections Administrator shall coordinate, supervise,
and handle all aspects of administering the Joint Election as provided in this agreement. Each participating authority
agrees to pay the Denton County Elections Administrator for equipment, supplies, services, and administrative costs as
provided in this agreement. The Denton County Elections Administrator shall serve as the administrator for the Joint
Election; however, each participating authority shall remain responsible for the decisions and actions of its officers
necessary for the lawful conduct of its election. The Elections Administrator shall provide advisory services in connection
with decisions to be made and actions to be taken by the officers of each participating authority as necessary.
At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The
participating parties shall share a mutual ballot in those polling places where jurisdictions overlap. Multiple ballot styles
shall be available in those shared polling places where jurisdictions do not overlap.
II. LEGAL DOCUMENTS
Each participating authority shall be responsible for the preparation, adoption, and publication of all required
election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or the
participating authority’s governing body, charter, or ordinances, except that the Elections Administrator shall be
responsible for the preparation and publication of all electronic voting equipment testing notices that are required by the
Texas Election Code. Election orders should include language that would not necessitate amending the order if any of
the Early Voting and/or Election Day polling places change.
Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each
participating authority, including translation to languages other than English. Each participating authority shall provide a
copy of their respective election orders and notices to the Denton County Elections Administrator.
The Elections Administrator shall prepare a submission, on behalf of all participating authorities, to the United
States Department of Justice for preclearance of the joint election procedures and polling places, pursuant to the Voting
Rights Act of 1965, as amended. The Elections Administrator will provide to each participating authority a photocopy of
the joint submission and any correspondence from the Department of Justice.
The joint submission prepared by the Elections Administrator will not include submission of information for any
special elections held by the participating authorities. Participating authorities are hereby notified and encouraged to
prepare their own submissions to the United States Department of Justice for special election procedures, or any changes
that are specific to their own political subdivision.
By signing this agreement, each participating authority certifies that it has no unresolved preclearance or
voting rights issues known to it that would preclude or delay Department of Justice preclearance of the joint
election.
The Elections Administrator will file an amended submission to the United States Department of Justice in the
event that any polling places are changed after the original submission is filed, including changes resulting from the
withdrawal of one or more participating authorities pursuant to Section XII of this contract.
III. VOTING LOCATIONS
The Elections Administrator shall select and arrange for the use of and payment for all Election Day voting
locations. Voting locations will be, whenever possible, the usual voting location for each election precinct in elections
conducted by each participating city, and shall be compliant with the accessibility requirements established by Election
Code Section 43.034 and the Americans with Disabilities Act (ADA). The proposed voting locations are listed in
Attachment A of this agreement. In the event that a voting location is not available or appropriate, the Elections
Town Council Page 20 of 50 Meeting Date: March 5, 2012
Page 3 of 10
Administrator will arrange for use of an alternate location with the approval of the affected participating authorities. The
Elections Administrator shall notify the participating authorities of any changes from the locations listed in Attachment A.
If polling places for the May 12, 2012 joint election are different from the polling place(s) used by a participating
authority in its most recent election, the authority agrees to post a notice no later than May 12, 2012 at the entrance to any
previous polling places in the jurisdiction stating that the polling location has changed and stating the political subdivision’s
polling place names and addresses in effect for the May 12, 2012 election. This notice shall be written in both the English
and Spanish languages.
IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL
Denton County shall be responsible for the appointment of the presiding judge and alternate judge for each
polling location. The Elections Administrator shall make emergency appointments of election officials if necessar y.
Upon request by the Elections Administrator, each participating authority agrees to assist in recruiting polling
place officials who are bilingual (fluent in both English and Spanish). In compliance with the Federal Voting Rights Act of
1965, as amended, each polling place containing more than 5% Hispanic population as determined by the 2010 Census
shall have one or more election official who is fluent in both the English and Spanish languages. If a presiding judge is
not bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend a bilingual worker for
the polling place. If the Elections Administrator is unable to recommend or recruit a bilingual worker, the participating
authority or authorities served by that polling place shall be responsible for recruiting a bilingual worker for translation
services at that polling place.
The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of
Chapter 32 of the Texas Election Code, and will take the necessary steps to insure that all election judges appointed for
the Joint Election are eligible to serve.
The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The
Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election
supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying him of his
appointment, the time and location of training and distribution of election supplies, and the number of election clerks that
the presiding judge may appoint.
Each election judge and clerk will receive compensation at the hourly rate established by Denton County pursuant
to Texas Election Code Section 32.091. The election judge will receive an additional sum of $25.00 for picking up the
election supplies prior to Election Day and for returning the supplies and equipment to the central counting station after
the polls close.
Election judges and clerks who attend voting equipment training and/or procedures training shall be compensated
at the rate of $7 per hour.
The Elections Administrator may employ other personnel necessary for the proper administration of the election,
including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies during
early voting and on Election Day, and for the efficient tabulation of ballots at the central counting station. Part-time
personnel working as members of the Early Voting Ballot Board and/or central counting station on election night will be
compensated at the hourly rate set by Denton County in accordance with Election Code Sections 87.005, 127.004, and
127.006.
Town Council Page 21 of 50 Meeting Date: March 5, 2012
Page 4 of 10
V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT
The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited
to, the County’s electronic voting system and equipment, sample ballots, voter registration lists, and all forms, signs, maps
and other materials used by the election judges at the voting locations. The Elections Administrator shall ensure
availability of tables and chairs at each polling place and shall procure rented tables and chairs for those polling places
that do not have tables and/or chairs. The Elections Administrator shall be responsible for conducting all required testing
of the electronic equipment, as required by Chapters 127 and 129 of the Texas Election Code.
At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The
participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. Multiple ballot styles shall
be available in those shared polling places where jurisdictions do not overlap. The Elections Administrator shall provide
the necessary voter registration information, maps, instructions, and other information needed to enable the election
judges in the voting locations that have more than one ballot style to conduct a proper election.
Each participating authority shall furnish the Elections Administrator a list of candidates and/or propositions
showing the order and the exact manner in which the candidate names and/or proposition(s) are to appear on the official
ballot (including titles and text in each language in which the authority’s ballot is to be pr inted). Each participating
authority shall be responsible for proofreading and approving the ballot and the audio recording of the ballot, insofar as it
pertains to that authority’s candidates and/or propositions.
The joint election ballots that contain ballot content for more than one joint participant because of overlapping
territory shall be arranged in the following order: Independent School District, City, Water District(s), and other political
subdivisions.
Early Voting by Personal Appearance and voting on Election Day shall be conducted exclusively on Denton
County’s eSlate electronic voting system.
The Elections Administrator shall be responsible for the preparation , testing, and delivery of the voting equipment
for the election as required by the Election Code.
The Elections Administrator shall conduct criminal background checks on relevant employees upon hiring as
required by Election Code Section 129.051(g).
VI. EARLY VOTING
The participating authorities agree to conduct joint early voting and to appoint the Election Administrator as the
Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Each participating
authority agrees to appoint the Elections Administrator’s permanent county employees as deputy early voting clerks. The
participating authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to
assist in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be
compensated at an hourly rate set by Denton County pursuant to Section 83.052 of the Texas Election Code. Deputy
early voting clerks who are permanent employees of the Denton County Elections Administrator or any participating
authority shall serve in that capacity without additional compensation.
Early Voting by personal appearance will be held at the locations, dates, and times listed in Attachment “B” of this
document. Any qualified voter of the Joint Election may vote early by personal appearance at any of the joint early voting
locations.
As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by
mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted
by mail received by the participating authorities shall be forwarded immediately by fax or courier to the Elections
Administrator for processing.
Town Council Page 22 of 50 Meeting Date: March 5, 2012
Page 5 of 10
The Elections Administrator shall provide each participating authority a copy of the early voting report on a daily
basis and a cumulative final early voting report following the election. In accordance with Section 87.121(g) of the
Election Code, the daily reports showing the previous day’s early voting activity will be distributed to each participating
authority no later than 9:00 AM each business day. This will be accomplished by Denton County posting the daily reports
on its website.
VII. EARLY VOTING BALLOT BOARD
Denton County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Joint
Election. The Presiding Judge, with the assistance of the Elections Administrator, shall appoint two or more additional
members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to
efficiently process the early voting ballots.
VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS
The Elections Administrator shall be responsible for establishing and operating the central counting station to
receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this
agreement.
The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 of the Texas
Election Code, appoint the following central counting station officials:
Counting Station Manager: Frank Phillips, Denton County Elections Administrator
Tabulation Supervisor: Eric Leija, Denton County Technical Operations Manager
Presiding Judge: Jason Barnett, Deputy Elections Administrator
Alternate Judge: Paula Paschal, Contract Manager
The counting station manager or his representative shall deliver timely cumulative reports of the election results
as precincts report to the central and remote counting stations and are tabulated. The manager shall be responsible for
releasing unofficial cumulative totals and precinct returns from the election to the joint participants, candidates, press, and
general public by distribution of hard copies at the central counting station and by posting to the Denton County web site.
To ensure the accuracy of reported election returns, results printed on the tapes produced by Denton County’s voting
equipment will not be released to the participating authorities at the remote collection sites or by phone from individual
polling locations.
The Elections Administrator will prepare the unofficial canvass reports after all precincts have been counted, and
will deliver a copy of the unofficial canvass to each participating authority as soon as possible after all returns have been
tabulated. The Elections Administrator will include the tabulation and precinct-by-precinct results that are required by
Texas Election Code Section 67.004 for the participating entities to conduct their respective canvasses. Each
participating authority shall be responsible for the official canvass of its respective election(s).
The Elections Administrator will prepare the electronic precinct-by-precinct results reports for uploading to the
Secretary of State as required by Section 67.017 of the Election Code. The Elections Administrator agrees to upload
these reports for each participating authority unless requested otherwise.
The Elections Administrator shall be responsible for conducting the post-election manual recount required by
Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies
of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State’s Office.
Town Council Page 23 of 50 Meeting Date: March 5, 2012
Page 6 of 10
IX. RUNOFF ELECTIONS
Each participating authority shall have the option of extending the terms of this agreement through its runoff
election, if applicable. In the event of such runoff election, the terms of this agreement shall automatically extend unless
the participating authority notifies the Elections Administrator in writing within 3 business days of the original election.
Each participating authority shall reserve the right to reduce the number of early voting locations and/or Election
Day voting locations in a runoff election. If necessary, any voting changes made by a participating authority between the
original election and the runoff election, shall be submitted by the authority making the change to the United States
Department of Justice for the preclearance required by the Federal Voting Rights Act of 1965, as amended.
Each participating authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the
May 12, 2012 election and to conduct its drawing for ballot positions at or immediately following such meeting in order to
expedite preparations for its runoff election.
Each participating authority eligible to hold runoff elections agrees that the date of the runoff election, if
necessary, shall be Saturday, June 23, 2012. This date may be negotiable based on the Secretary of State’s calendar for
elections in 2012.
X. ELECTION EXPENSES AND ALLOCATION OF COSTS
The participating authorities agree to share the costs of administering the Joint Election. Allocation of costs,
unless specifically stated otherwise, is mutually agreed to be shared according to a formula which is based on the
average cost per election day polling place (unit cost) as determined by adding together the overall expenses and dividing
the expenses equally among the total number of polling places. Costs for polling places shared by more than one
participating authority shall be pro-rated equally among the participants utilizing that polling place.
It is agreed that charges for Election Day judges and clerks and Election Day polling place rental fees shall be
directly charged to the appropriate participating authority rather than averaging those costs among all participants.
If a participating authority’s election is conducted at more than one election day polling place, there shall be no
charges or fees allocated to the participating authority for the cost of election day polling places in which the authority has
fewer than 50% of the total registered voters served by that polling place, except that if the number of registered voters in
all of the authority’s polling places is less than the 50% threshold, the participating authority shall pay a pro-rata share of
the costs associated with the polling place where it has the greatest number of registered voters.
The participating authorities agree to share the cost of Early Voting. Allocations of costs is mutually agreed to be
shared according to a formula which is based on the cost of all Early Voting polling locations being divided equally among
the number of participating authorities.
Costs for Early Voting by Personal Appearance shall be allocated based upon the actual costs associated with
each early voting site. Each participating authority shall be responsible for a pro-rata portion of the actual costs
associated with the early voting sites located within their jurisdiction. Participating authorities that do not have a regular
(non-temporary) early voting site within their jurisdiction shall pay a pro-rata portion of the nearest regular early voting site.
Each participating authority agrees to pay the Denton County Elections Administrator an administrative fee equal
to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code.
The Denton County Elections Administrator shall deposit all funds payable under this contract into the appropriate
fund(s) within the county treasury in accordance with Election Code Section 31.100.
The Denton County Elections Administrator reserves the right to adjust the above formulas in agreement with any
individual jurisdiction if the above formula results in a cost allocation that is inequitable.
Town Council Page 24 of 50 Meeting Date: March 5, 2012
Page 7 of 10
XI. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION
Any participating authority may withdraw from this agreement and the Joint Election should it cancel its election in
accordance with Sections 2.051 - 2.053 of the Texas Election Code. Any monies deposited with the Elections
Administrator by the withdrawing authority shall be refunded, minus a cancellation fee of $75.00.
XII. RECORDS OF THE ELECTION
The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint
Election as authorized by Section 271.010 of the Texas Election Code.
Access to the election records shall be available to each participating authority as well as to the public in
accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election
records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county
records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the
records are clearly identifiable and retrievable.
Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of
the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or
open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment,
whichever is applicable. It is the responsibility of each participating authority to bring to the attention of the Elections
Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed
with the participating authority.
XIII. RECOUNTS
A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the
presiding officer of the contracting participating authority agrees that any recount shall take place at the offices of the
Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the participating
authority’s official or employee who performs the duties of a secretary under the Texas Election Code shall serve as
Recount Coordinator.
The Elections Administrator agrees to provide advisory services to each participating authority as necessary to
conduct a proper recount.
XIV. MISCELLANEOUS PROVISIONS
1. It is understood that to the extent space is available, other districts and political subdivisions may wish to
participate in the use of the County’s election equipment and voting plac es, and it is agreed that the
Elections Administrator may contract with such other districts or political subdivisions for such purposes
and that in such event there may be an adjustment of the pro-rata share to be paid to the County by the
participating authorities.
2. The Elections Administrator shall file copies of this document with the Denton County Judge and the
Denton County Auditor in accordance with Section 31.099 of the Texas Election Code.
3. Nothing in this contract prevents any party from taking appropriate legal action against any other party
and/or other election personnel for a breach of this contract or a violation of the Texas Election Code.
4. This agreement shall be construed under and in accord with the laws of the State of Texas, and all
obligations of the parties created hereunder are performable in Denton County, Texas.
Town Council Page 25 of 50 Meeting Date: March 5, 2012
Page 8 of 10
5. In the event that one or more of the provisions contained in this Agreement shall for any reason be held to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not
affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
6. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local
governments, and any other entities with local jurisdiction.
7. The waiver by any party of a breach of any provision of this agreement shall not operate as or be
construed as a waiver of any subsequent breach.
8. Any amendments of this agreement shall be of no effect unless in writing and signed by all parties hereto.
XV. COST ESTIMATES AND DEPOSIT OF FUNDS
The total estimated obligation for each participating authority under the terms of this agreement is listed below.
Each participating authority agrees to pay the Denton County Elections Administrator a deposit of approximately 90% of
this estimated obligation no later than 15 days after execution of this agreement. The exact amount of each participating
authority’s obligation under the terms of this agreement shall be calculated after the May 12, 2012 election (or runoff
election, if applicable), and if the amount of an authority’s total obligation exceeds the amount deposited, the authority
shall pay to the Elections Administrator the balance due within 30 days after the receipt of the final invoice from the
Elections Administrator. However, if the amount of the authority’s total obligation is less than the amount deposited, the
Elections Administrator shall refund to the authority the excess amount paid within 30 days after the final costs are
calculated.
The total estimated obligation and required deposit for each participating authority under the terms of this
agreement shall be as follows:
Estimated Deposit
Political Subdivision Cost
Town of Argyle
Town of Bartonville
Town of Copper Canyon
City of Corinth
Town of Cross Roads
City of Denton
Town of DISH
Town of Flower Mound
City of Fort Worth
City of Hackberry
City of Hebron
Town of Hickory Creek
City of Justin
City of Krugerville
City of Lake Dallas
City of Lewisville
Town of Little Elm
City of Oak Point
Town Council Page 26 of 50 Meeting Date: March 5, 2012
Page 9 of 10
Town of Ponder
Town of Shady Shores
City of Southlake
City of The Colony
Town of Trophy Club
Aubrey ISD
Krum ISD
Lewisville ISD
Little Elm ISD
Northwest ISD
Pilot Point ISD
Ponder ISD
Sanger ISD
Trophy Club MUD1
Revised 1.09.2012 (11:00 a.m.)
Town Council Page 27 of 50 Meeting Date: March 5, 2012
XVII. JOINT CONTRACT ACCEPTANCE AND APPROVAL
IN TESTIMONY HEREOF, this agreement has been executed on behalf of the parties hereto as follows, to-wit:
(1) It has on the _____ day of ___________, 2012 been executed by the Denton County Elections
Administrator pursuant to the Texas Election Code so authorizing;
(2) It has on the 5th day of March, 2012 been executed on behalf of the Town of Trophy Club
pursuant to an action of the Town Council of the Town of Trophy Club so authorizing;
ACCEPTED AND AGREED TO BY DENTON COUNTY ELECTIONS ADMINISTRATOR:
APPROVED:
___________________________________________
FRANK PHILLIPS
ACCEPTED AND AGREED TO BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB:
APPROVED: ATTESTED:
_____________________________________________ _______________________________________
Connie White, Mayor Shannon DePrater, Town Secretary
Town of Trophy Club Town of Trophy Club
Town Council Page 28 of 50 Meeting Date: March 5, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-89-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/28/2012 Town Council
On agenda:Final action:3/5/2012
Title:Consider and take appropriate action regarding the approval of an Ordinance ordering and calling a
joint general election between the Town of Trophy Club and the Trophy Club Municipal Utility District
No. 1 to be held on May 12, 2012 for the purpose of electing one (1) Council Member for Place #3 for
a three year term and one (1) Council member for Place #4 for a three year term on the Trophy Club
Town Council; providing for canvassing of returns; providing for a runoff election as necessary;
adopting provisions relative to publication and other matters necessary to conduct the election; and
providing an effective date.
Attachments:ORD 2012-06 Calling May 12, 2012 Election.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding the approval of an Ordinance ordering and calling a joint general election
between the Town of Trophy Club and the Trophy Club Municipal Utility District No. 1 to be held on May 12, 2012 for the
purpose of electing one (1) Council Member for Place #3 for a three year term and one (1) Council member for Place #4
for a three year term on the Trophy Club Town Council; providing for canvassing of returns; providing for a runoff election
as necessary; adopting provisions relative to publication and other matters necessary to conduct the election; and
providing an effective date.
TOWN COUNCIL GOAL(S):
Goal # 3: Strong Partnerships and Community Involvement
Create a positive regional identity
Foster a well informed community
Forge collaborative relationships with other governmental and public entities
Support citizen volunteer opportunities
Promote recreational / active lifestyle opportunities for all ages
Goal #5: Financial and Operational Stewardship
Develop, recognize, and retain quality staff
Implement strong financial management standards
Improve effectiveness and efficiency of operational processes
Maintain / Improve infrastructure and assets
Provide cost-effective services
Deliver responsible customer service
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Staff recommends approval of this Ordinance calling the May 12, 2012 Election.
Town Council Page 29 of 50 Meeting Date: March 5, 2012
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2012-06
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, ORDERING AND CALLING A JOINT
GENERAL ELECTION BETWEEN THE TOWN OF TROPHY CLUB AND
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, TO BE HELD
ON MAY 12, 2012 FOR THE PURPOSE OF ELECTING ONE (1)
COUNCIL MEMBER FOR PLACE #3 FOR A THREE (3) YEAR TERM,
AND ONE (1) COUNCIL MEMBER FOR PLACE #4 FOR A THREE (3)
YEAR TERM; DESIGNATING A POLLING PLACE WITHIN THE TOWN;
PROVIDING FOR THE APPOINTMENT OF A PRESIDING ELECTION
JUDGE AND AN ALTERNATE PRESIDING ELECTION JUDGE;
ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE
ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS;
PROVIDING FOR NECESSARY ACTIONS; PROVIDING A JOINT
ELECTION AGREEMENT WITH DENTON COUNTY; PROVIDING A
CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 41.001(a)(2) of the Texas Election Code establishes the
second Saturday of May as a Uniform Election Date for the purposes of conducting a
General or Special Election; and
WHEREAS, Section 3.004 of the Texas Election Code provides that the
governing body of a municipality shall be the authority to order a General or Special
Election; and
WHEREAS, the Town Council finds and declares that the meeting at which this
Ordinance is considered is open to the public as required by law, and that public notice
of the time, place, and purpose of said meeting was given as required by Chapter 551,
Texas Government Code, as amended; and
WHEREAS, the Town Council desires to and hereby calls a General Election for
the purpose of electing one (1) Council member for Place #3 for a three (3) year term,
and electing one (1) Council member for Place #4 for three (3) year term to the Town of
Trophy Club Town Council; and
WHEREAS, Section 3.005 of the Texas Election Code provides that an election
ordered by an authority of a municipality shall be ordered not later than the 62nd day
before Election Day; and
WHEREAS, Section 271.002 of the Texas Election Code provides that the
governing bodies of two or more political subdivisions may enter into an agreement to
hold a joint election if the elections ordered by the authorities of the subdivisions are to
Town Council Page 30 of 50 Meeting Date: March 5, 2012
be held on the same day in all or part of the same territory and can be served by
common polling places; and
WHEREAS, having met the statutory requirements to hold the May, 2012
election jointly, the Town of Trophy Club and Trophy Club Municipal Utility District No. 1
have entered into a Joint Election Agreement, a copy of which is attached and
incorporated herein as Exhibit “A”; and
WHEREAS, because the Town of Trophy Club is located in both Denton County
and Tarrant County, the Town will enter into an Election Services Contract with Denton
County for the purpose of having Denton County provide election services for both the
Denton County and Tarrant County residents of Trophy Club; and
WHEREAS, the Election shall be conducted in accordance with the Code under
the jurisdiction of the Denton County Elections Administration (the “Elections
Administrator”) pursuant to an Election Services Contract (the “Contract”) by and among
Denton County Elections Administration (“DCEA”), and other participating entities, if
any, described in a Contract between the Town and Denton County, a copy of which
Contract will be incorporated herein as Exhibit “B” upon its final approval and execution
by the Town; and
WHEREAS, Section 85.004 of the Texas Election Code provides that an election
order and the election notice must state the location of each early voting polling place;
and,
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. All resident, qualified voters of the Town shall be eligible to vote at
the Election.
Section 2. The voting precincts for the Election are designated by their
respective county precinct numbers. The proposed times and locations of early voting
for Denton County are set forth in Exhibit “C”, a copy of which is attached hereto and
incorporated herein. Exhibit “C” shall be amended to include the final schedule of times
and locations of early voting for both Town of Trophy Club Denton and Tarrant County
residents upon announcement by the Denton County Elections Administrator.
Notwithstanding the foregoing, the early voting times and locations set forth in Exhibit
“C” may be changed without further action of the Town Council if so directed by the
Elections Administrator for Denton County.
In addition to the early voting polling locations within the Town, all Denton County
Trophy Club voters may vote at all early voting polling locations as designated and
maintained by Denton County throughout the County.
Town Council Page 31 of 50 Meeting Date: March 5, 2012
Tarrant County Trophy Club voters may only vote at the Svore Municipal Building, 100
Municipal Drive, Trophy Club, Texas.
The Elections Administrator is hereby authorized and directed to make such changes in
polling locations as may be necessary for the proper conduct of the Election. Each
polling place shall be open from 7:00 a.m. to 7:00 p.m. on Election Day.
Section 3. The Denton County Elections Administrator, Frank Phillips, is hereby
appointed as Denton County Early Voting Clerk for the Election. Deputy early voting
judges/clerks will be appointed as needed to process early voting mail and to conduct
early voting. Early voting by mail shall be conducted in conformance with the
requirements of the Code. Ballot applications and ballots voted by mail shall be sent to:
Early Voting Clerk, 401 West Hickory, Denton, Texas 76201. The Elections
Administrator and/or the Early Voting Clerk are hereby authorized to appoint the
members of the Early Voting Ballot Board and the presiding judge and alternate judge in
accordance with the requirements of the Code. Early voting by personal appearance
shall be conducted at the times on the dates and at the locations designated on Exhibit
“C” hereto. The main early voting polling place is hereby designated to be Joseph A.
Carroll County Administration Building, 401 West Hickory, Denton, Texas 76201. Early
voting shall be conducted by the Early Voting Clerk, at the main early voting polling
location listed above, and at the locations designated on Exhibit “C” hereto; such
locations may be changed or additional early voting locations may be added by the
Elections Administrator, without further action of the Town Council, as is necessary for
the proper conduct of the Election.
Section 4. Compensation for election judges and alternate judges for their
service in the Election shall be determined by the Elections Administrator. E-slate, a
Direct Record Electronic (DRE) System shall be used for early voting by personal
appearance, and in the May 12, 2012 election at Denton County Polling Sites. Paper
ballots, which are optically scanned, shall be used for early voting by mail. In the May
12, 2012 election, the Elections Administrator shall cause ballots to be prepared in the
form of the ballot first above prescribed, being in both English and Spanish, and shall
furnish election officials such ballots, in such form, together with any other forms or
blanks, in accordance with the Charter of the Town of Trophy Club, the Constitution and
laws of the State of Texas and the Voting Rights Act of 1965, and any amendments
thereto, insofar as same are applicable.
Section 5. The purpose of such Election is to: elect one (1) Council member for
Place #3 for a three (3) year term and elect one (1) Council member for Place #4 for a
three (3) year term to the Town of Trophy Club Town Council.
Section 6. As set forth in Section 141.001 of the Texas Election Code, no
person shall be eligible for a public elective office of this state, unless that person is a
United States citizen, has not been determined mentally incompetent by a final
judgment of a court, has not been finally convicted of a felony from which the person
has not been pardoned or otherwise released from the resulting disabilities, and has
Town Council Page 32 of 50 Meeting Date: March 5, 2012
resided continuously in the State of Texas for twelve (12) months immediately
preceding the date of the regular filing deadline for the candidate’s application for a
candidate whose name is to appear on the general election ballot, or the date of the
election at which the candidate’s name is written in for a write in candidate. Additional
requirements are set forth in the Town Charter and are as follows:
A. Mayor or Council Member:
As set forth in Section 141.001 of the Texas Election Code and Article III of the
Trophy Club Town Charter:
(1) be at least twenty-one (21) years of age on the first day of the form to be filed;
(2) be a citizen of the United States;
(3) be a qualified voter of the Town;
(4) reside and have resided for at least twelve (12) months preceding the election
within the corporate limits of the Town;
(5) no candidate may file for more than one office or position number per
election;
(6) no employee of the Town shall continue in such position after becoming a
candidate for a Town elective office; and,
(7) If any sitting Council member files to become a candidate for another public
office, he shall resign his current seat upon filing for the new office.
Section 7. Pursuant to Section 143.007 of the Texas Election Code, any
eligible and qualified person may have that person's name printed upon the official
ballot as a candidate for the office hereinbefore set forth by filing the person's sworn
application with the Town Secretary not earlier than February 4, 2012 and not later than
5:00 p.m. on March 5, 2012. Each such application shall be on a form as prescribed by
the Texas Election Code. The order in which the names of the candidates are to be
printed on the ballot shall be determined by a drawing by the Town Secretary as
provided by Section 52.094 of the Texas Election Code. Notice of the time and place
for such drawing shall be given in accordance with Section 52.094(c) and (d) of the
Texas Election Code.
Section 8. If no candidate receives a majority of all votes cast for all of the
candidates for his or her office at such election as required to be lawfully elected, there
shall be a runoff election held. The runoff election shall be conducted as required by
the Town Charter and the Texas Election Code. Notwithstanding the foregoing, due to
legal action pending in Court, the runoff election date has tentatively been set for June
23, 2012.
Section 9. In addition to the early voting polling location located within the Town,
Trophy Club Denton County voters may vote at all early voting polling locations as
designated and maintained by Denton County throughout the County per the Joint Election
Agreement and Contract for Election Services with Denton County.
Trophy Club Tarrant County voters may only vote at the early voting polling location
designated and maintained by the Denton County Elections Administrator.
Town Council Page 33 of 50 Meeting Date: March 5, 2012