06.10.2024 TC Agenda Packet
TOWN OF TROPHY CLUB
MEETING AGENDA
TOWN COUNCIL
1 Trophy Wood Drive
Trophy Club, Texas 76262
June 10, 2024 6:00 PM Council Chambers
CALL WORK SESSION TO ORDER AND ANNOUNCE A QUORUM
WORK SESSION ITEM
1. Presentation and discussion of recommended changes to the appointment process for
boards and commission members, the creation of a new Boards & Commission Member
Handbook, the formation of ad-hoc committees and subcommittees including the
Appointment Committee and the Fiduciary Oversight Committee (or Budget Committee),
and the creation of a Council Rules & Procedures Manual. (Tammy Dixon, Town
Secretary and Brandon Wright, Town Manager)
ADJOURN WORK SESSION
CALL REGULAR MEETING TO ORDER (immediately following Work Session or 7:00
p.m., whichever is later)
INVOCATION led by Pastor Barry Clingan, The Church at Trophy Lakes
PLEDGES led by Council Member
Pledge of Allegiance to the American Flag
Pledge of Allegiance to the Texas Flag
PUBLIC COMMENT(S)
This is an opportunity for citizens to address the Council on any matter pursuant to Texas
Government Code 551.007. The Council is not permitted to discuss or take action on any
presentations made concerning matters that are not listed on the agenda. Presentations are
limited to matters over which the Council has authority. Speakers have up to three (3)
minutes or the time limit determined by the Presiding Officer. Each speaker must have
submitted their request to speak by completing the Speaker’s Form or may email
mayorandcouncil@trophyclub.org
COMMUNITY SPOTLIGHT
2. Working for You... Trophy Club
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a) Update from Town Council Members
b) Update from Town Manager (Brandon Wright, Town Manager)
c) Quick Civic Tip (Dean Roggia, Town Attorney)
CONSENT AGENDA
This part of the agenda consists of non-controversial, or "housekeeping" items required by
law. Items may be removed from Consent by any council member by making such request
prior to a motion and vote.
3. Consider authorizing the Town Manager to negotiate and execute a professional service
agreement with Teague Nall and Perkins, Inc. in a not-to-exceed amount of $411,500 for
civil engineering, easement acquisition, bidding and construction administration, and
construction inspection services for the Inverness Drive Drainage Improvement Project.
(Matt Cox, Community Services Director)
4. Consider a developer agreement between the Town of Trophy Club and Wasatch
Properties, LLC for the Triple Crown Estates and authorizing the Mayor or her designee to
execute same on behalf of the Town. (Matt Cox, Community Development Director)
5. Consider an ordinance revising sex offender regulations and residency restrictions by
amending Chapter 8 "Offenses and Nuisances," Article 8.06 "Sex Offender Residency
Restrictions" of the Code of Ordiances in its entirety. (Tammy Dixon, Town
Secretary/Patrick Arata, Chief of Police)
INDIVIDUAL ITEMS
6. Consider designating three council members to serve on a council subcommittee formed
for the purpose of providing fiduciary oversight of the budget, as well as providing input
regarding the administration of the budget and the budget process. (Brandon Wright,
Town Manager)
7. Consider designating three council members to serve on a Town Council Appointments
Committee tasked with making recommendations to the full Council regarding
appointments to all Boards, Commissions, and Corporations. (Brandon Wright, Town
Manager)
EXECUTIVE SESSION
Pursuant to the following designated sections of the Texas Government Code, Annotated,
Chapter 551 (Texas Open Meetings Act), the Town Council will recess into executive
session to discuss the following:
8. Section 551.076 and 551.089 to deliberate the deployment, or specific occasions for
implementation, of security personnel, critical infrastructure, or security devices; or a
security audit.
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a. Consider a resolution directing the Town Manager to utilize $200,000 dedicated to
Town Hall building improvements in the FY 2024 Capital Improvement Plan to
provide security enhancements to Town facilities. (Denise Deprato, Director of
Human Resources)
RECONVENE INTO REGULAR SESSION
ADJOURN
The Town Council may convene into executive session to discuss posted items as allowed
by Texas Government Code Sections 551.071 through 551.076 and Section 551.087.
CERTIFICATION
I do hereby certify that the Notice of Meeting was posted on the bulletin board at the Town Hall
for the Town of Trophy Club, Texas, in a place convenient and readily accessible to the general
public at all times on the following date and time: June 5, 2024, at 5:00 p.m., and said Notice of
Meeting was also posted concurrently on the Town’s website in accordance with Texas
Government Code Ch. 551 at least 72 hours prior to the scheduled time of said meeting.
/s/ Tammy Dixon
Tammy Dixon, 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 6822372900, 48 hours in advance, and
reasonable accommodations will be made to assist you.
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TOWN COUNCIL COMMUNICATION
MEETING DATE: June 10, 2024
FROM: Brandon Wright, Town Manager
Tammy Dixon, Town Secretary
AGENDA ITEM: Presentation and discussion of recommended changes to the appointment
process for boards and commission members, the creation of a new Boards &
Commission Member Handbook, the formation of ad-hoc committees and
subcommittees including the Appointment Committee and the Fiduciary
Oversight Committee (or Budget Committee), and the creation of a Council
Rules & Procedures Manual. (Tammy Dixon, Town Secretary and Brandon
Wright, Town Manager)
BACKGROUND/SUMMARY: This workshop item is to discuss the Boards and Commissions
appointment process, including the addition of criminal history background checks on
applicants, procedures for the establishment of ad-hoc committees and subcommittees, the
creation of a Boards and Commissions Manual, and a proposal for creating a Town Council
Rules and Procedures Manual.
1. Policy and Procedures for the Appointments
The Appointment Policy establishes uniform application requirements for appointments and
removal to/from the Town’s Boards and Commissions. Below are key elements that are
recommended to include:
• Appointment Process Review: The Town Council will undertake an annual review and
any amendment of appointment procedures, with a dedicated Appointments
Committee to handle interviews and recommendations. Additional changes include
recommendations for reviewing and handling potential board or commission member
removals.
• Recruitment and Application: The annual recruitment process will begin in June, with
specific criteria for applicants, including citizenship, voter registration, and residency
requirements. Minor changes include requiring applicants to consent to a criminal
history background check.
• Selection and Term: No changes are recommended for this element with interviews and
recommendations conducted by the Appointments Committee. Appointees fill two-year
staggered terms.
• Mid-Term Appointments and Removals: Procedures are included for filling mid-term
vacancies and reviewing and making recommendations for removing members for
misconduct or ineligibility.
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The Appointment Procedures details the steps involved in the appointment process.
Based on Town Council feedback, these will need to be adopted by a resolution approved by
the Town Council.
2. Criminal History Check for Boards and Commission Applicants
The recommended changes to the appointment process includes the addition of criminal
history checks for board and commission members. Any person making an application or
reapplication for appointment to any board, commission, or committee must consent to a
criminal history check prior to consideration. If an applicant is found to have been convicted of
a qualifying felony or misdemeanor listed below within the last 10 years or the applicant is on
parole or probation for any of the following offenses, the applicant shall not be considered for
appointment:
(1) A felony or a misdemeanor classified as an offense against a person;
(2) A felony or misdemeanor classified as an offense against public administration or official
misconduct;
(3) A felony or misdemeanor classified as an offense against public order or decency;
(4) A felony or misdemeanor violation of any law intended to control the possession or
distribution of any controlled substance; or
(5) Any offense involving moral turpitude. (Moral turpitude may be described as intentional
dishonesty, fraud, deceit, conduct contrary to justice, or otherwise immoral conduct.)
Based on Town Council feedback, adding this requirement will require an ordinance
amendment to Article 1.04 Boards, Commissions, and Committees. Background checks would
be conducted by the Human Resources Director in the same manner as employment
applications and will be kept confidential as allowed by State law.
3. Creation of ad-hoc committees
Ad Hoc Committees: Section 1.03.039 of the Code of ordinances provides for the creation of
Ad-Hoc Committees and other boards and commissions but does not provide procedures for
establishment. Staff is proposing to amend the section to provide definitions and clarification
of the process to include the following key elements:
• Ad-hoc committees/Task forces must be created by resolution or ordinance adopted by
the Town Council
• The resolution/ordinance must provide the committee's purpose, establish the number
of members, and create qualification and procedures.
• The Mayor shall recommend the members subject to the approval of Town Council
• Any ad-hoc committee/task force created shall cease to exist upon the accomplishment
of the special purpose for which it was created or when abolished by a majority vote of
the Town Council
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• Any existing ad-hoc committee/task force not created by resolution or ordinance
consistent with this section shall cease to exist upon adoption of the new ordinance
Subcommittees: Section 1.02.033 under Budget and Development within the Code of
Ordinances provides for the establishment of a Council Subcommittee for fiduciary oversight
and input on the budget at the first meeting in June each year. The subcommittee's role
includes meeting with town staff and updating the full council during budget development.
Consistent with the appointment process for other Council subcommittees, it is recommended
that the appointment process be established as the Mayor shall recommend members subject
to the approval of the Town Council.
This item is to discuss whether the subcommittee should continue, be modified, or be replaced
with alternative methods for budget oversight and input.
4. Draft Boards and Commissions Manual
The proposed manual was developed after in-depth research and best practice examples from
other municipalities. It outlines operational procedures of the Town’s boards, commissions,
and committees. Sections include:
• Overview of Trophy Club Municipal Government
• Procedural Information
• Ethics and Conflicts of Interest
• Texas Open Meetings Act
• Public Information Act
• Listing of Boards and Commissions
Based on Town Council feedback, a resolution will be prepared to adopt the manual and
presented at a future regular Town Council meeting.
5. Council Rules and Procedures Manual
Pursuant to Section 3.11 of the Home Rule Charter of the town, the Town Council shall
determine its own rules of procedure. The current rules are scattered and provided for within
the Town’s Code of Ordinances. Staff proposes removing the rules from the Code and
establishing a Rules and Procedures Manual to be adopted by resolution. This manual will
document accepted policies, guide Council Members, and provide a comprehensive summary
of key aspects of Town Council activities to ensure consistency, transparency, and clarity in
Council operations.
Based on Town Council feedback, staff will begin drafting a proposed Rules and Procedures
Manual and ordinance amendments to accomplish this process.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
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FISCAL IMPACT: N/A
LEGAL REVIEW: N/A
ATTACHMENTS:
1. 1. a. Draft Policy Boards and Commissions Appointments 06.04.2024
2. 1. b. Draft Procedures for Appointments to Boards and Commissions
3. 2. a. Criminal History Language
4. 3. a. Curent Code Ad Hoc and committees
5. 3. b. Proposed Ad Hoc and Committees language
6. 3. c. Council finance subcommittee
7. 4. Board and Commission Manual Draft 06.05.2024
8. 2018 HANDBOOK for Appointed Officials
9. Presentation Boards and Commissions
ACTIONS/OPTIONS:
This workshop item is being presented for discussion and feedback purposes only. No action
will be taken by the Town Council during the workshop. Any recommendations will be
presented at future Town Council Meetings for consideration.
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Appointment Policy for Advisory Boards, Commissions, and Corporations
Town Council Policy
Policy Number Use Numbering Convention List
Implementation
Date:
DRAFT
Last Revised
Date:
Policy Contact: Town Secretary
Resolution
Number:
1. STATEMENT OF PURPOSE
The purpose of this policy is to establish uniform application procedures and requirements for
advisory boards, commissions, and corporations of the Town. This policy does not apply to the
appointment of members to other “ad-hoc” or subcommittees of the Town Council.
2. POLICY
1. Appointment Process Review
At the first regular Town Council meeting in June, the Town Council will:
• Review the appointment procedures. If the Town Council desires any amendments to the
procedures, the Town Secretary shall prepare the amendments for the next scheduled
Town Council meeting for consideration.
• Appoint three (3) members of the Town Council to serve on the Town Council
Appointments Committee.
Unless directed otherwise by the Town Council, the Town Secretary will advertise
positions/places on Boards with expiring terms of office as provided by the policy.
2. Town Council Appointments Committee
The Town Council Appointments Committee is established to interview applicants and make
recommendations to the full Council regarding appointments to all Boards during the annual
appointment process and during the year in the event of mid-year vacancies. The Committee will
also review and make recommendations for any removals from the town’s boards and
commissions as deemed necessary.
The Committee shall consist of three (3) members of the Town Council, which may include the
Mayor. The Mayor shall recommend the members, designating one of them as chair, subject to
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the approval of the Town Council. The Committee shall also include additional non-voting ex-
officio members appointed by the Town Manager as deemed appropriate.
3. Recruitment
The annual recruitment period for Board positions with expiring terms and known vacancies will
begin in June, and applications will be accepted through July or within a time frame as otherwise
directed by the Town Council.
In June of each year, the Town Secretary will:
• Advertise that the town is accepting applications for individuals to be considered for
appointment to Boards. The notice will specify the vacancies for all Boards and set forth
the details regarding the application procedure and the deadline for receipt of
applications. Advertisements will be made available on the town’s website, marquees,
weekly newsletter, and through all town-managed social media sites.
• Notify incumbent Board members with expiring terms that their term is approaching. If
the member is eligible and wishes to seek another term, the member must reapply in the
same manner as other applicants.
4. Applicant Requirements
Applicants for Boards, Commissions, or Corporations must meet the following criteria prior to
their appointment:
• Be United States Citizens.
• Be registered voters.
• Be residents of the Town for at least six (6) months.
• The Council may waive the voter registration and/or length of residency requirement for
an applicant upon good cause shown, except where restricted by State law. Town elected
officials and persons appointed to fill vacancies on any elected Town governmental body
may not serve on a Town Board, Commission, or Corporation in accordance with the
Town Charter.
The technical expertise of applicants will be considered during the appointment process.
Some boards may require additional qualifications per the town charter, ordinance and/or
state law.
5. Application Process
All qualified candidates must complete an application form through the portal on the Town’s
website prior to the advertised deadline. All applicants, new and returning, shall consent to a
criminal history check prior to consideration of the person’s application. The application will
solicit information about the applicant’s background, including current occupation, community
activities, and personal or professional experience related to the subject of the board to which the
applicant is applying. In addition to the completed application, applicants are encouraged to
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submit a letter or resume further explaining their interest and experience. Applications will be
considered active for one year from the date of receipt.
6. Term
Individuals are appointed to serve on a Board at the pleasure of the Town Council. Typically,
appointments are for 2-year staggered terms that commence on the first day of October and end
on the last day of September of each year. In the event of a vacant position, the appointment will
be for the remainder of the position’s term.
7. Selection Process
• Application Review: The Town Secretary will review the eligibility requirements and
identify those applicants who are ineligible for appointment. When the application
deadline has passed, the Town Secretary will distribute copies of all eligible applications
to the Appointment Committee.
• Interview and Appointment Process: Interviews will be conducted by the
Appointments Committee after the close of each application period. The Town
Secretary’s Office will be responsible for scheduling interviews as determined by the
Committee. The Committee shall make every effort to interview each applicant including
the staff liaison appointed by the Town Manager. At the conclusion of the interview
process, the Committee shall prepare a report with its recommended slate of nominees for
each Board appointment. The report shall be submitted to the Town Secretary to be
included in the Town Council agenda for discussion and consideration, preferably in
September but not later than the first meeting in October.
8. Mid-Term Appointments
Occasionally, a Board member may be unable to finish their term or may voluntarily resign prior
to the term ending. Resignations should be submitted in writing and submitted to the Town
Secretary. In such cases, the vacant position may be filled by the Town Council with a mid-term
appointee who will serve out the remainder of the unexpired term. The Committee may
recommend to the Town Council the appointment of an applicant whose application is previously
on file under the established application process.
9. Removal
At the request of the Town Manager, Town Secretary, Board/Commission Chair, or any two
members of the Town Council, the Committee will review any circumstances such as
misconduct, absenteeism, or ineligibility of a board member. The Committee will thoroughly
investigate the situation considering all facts and viewpoints. If after careful deliberation, a
majority of the Committee votes in favor, a formal recommendation for removal will be made to
the Town Council.
3. PROCEDURES & FORMS
Appointment Procedures for Advisory Boards, Commissions, and Corporations
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Appointment Procedure for Advisory Boards, Commissions, and Corporations
Town Council Procedure
Procedure Number TC-102.2
Implementation Date: DRAFT
Last Revised Date:
Policy Contact: Town Manager
Resolution Number:
1. PURPOSE
This procedure exists to detail the steps involved in the appointment process for advisory boards,
commissions, and corporations as per the established policy.
2. REFERENCE DOCUMENTS
• Appointment Policy
3. RESPONSIBILITY
• Town Council
• Town Secretary
• Town Manager
• Appointments Committee
4. ANNUAL APPOINTMENT PROCEDURES
Step Responsible
Position
Action
1. Appointment
Process
Review/Appointments
Town Secretary and
Town Council
At the first regular Town Council meeting in June, review
the appointment procedures, prepare amendments if
necessary, and appoint three (3) members to the Town
Council Appointments Committee.
2. Recruitment Town Secretary Begin the annual recruitment period in June, advertise the
vacancies, and notify incumbent members. Applications are
accepted through July or as directed by the Town Council.
3. Application Process Applicants and
Town Secretary
Applicants complete the application form, consent to a
criminal history check, and submit any additional
documents. The Town Secretary reviews eligibility and
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distributes eligible applications to the Appointment
Committee.
4. Interview and
Appointment Process
Town Council
Appointments
Committee, Town
Manager Appointed
Staff as needed, and
Town Secretary
Conduct interviews, prepare a report with
recommendations, and submit it to the Town Council for
consideration.
5. Selection Process Town Council and
Town Secretary
Discuss and vote on the recommended slate of nominees
for each Board. Notify applicants of decision.
5. MID-TERM APPOINTMENT PROCEDURES
Step Responsible
Position
Action
1. Town Secretary Notify the Committee of vacancies
2. Town Council
Appointments
Committee
Review vacancies, if needed, recommend mid-term
appointments from the current pool of applicants or initiate a
new application process if necessary.
3. Town Council and
Town Secretary
Discuss and vote on recommended replacement for vacant
position. Notify applicant of appointment.
6. REMOVAL PROCEDURES
Step Responsible
Position
Action
1. Town Manager,
Town Secretary,
Town Council
Members, Board
Chairs
Request a review of a board member’s conduct, attendance, or
eligibility
2. Town Council
Appointments
Committee
Investigate circumstances such as misconduct or absenteeism.
If a majority votes in favor, make a formal recommendation for
removal to the Town Council.
3. Town Council Review and consider the recommendation in a public hearing.
Make a final decision regarding removal.
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Sec. XXX. Criminal history checks of board and commission applicant.
(a) Any person making application for appointment to a position on any board, commission, or committee to
which the town council has the final authority to make such appointment shall consent to a criminal history
check prior to consideration of the person's application.
(b) Failure to consent to a criminal history check as required by this section shall be grounds for disqualification
for consideration for appointment by the town council.
(c) The town shall cause a criminal history check to be conducted on each applicant for appointment to a
position described in subsection (a) of this section. If upon review of a criminal history check an applicant is
found to have been convicted within the last 10 years or the applicant is on parole or probation for any of
the following offenses of, the applicant shall not be considered for appointment:
(1) A felony or a misdemeanor classified as an offense against a person;
(2) A felony or misdemeanor classified as an offense against public administration or official misconduct;
(3) A felony or misdemeanor classified as an offense against public order or decency;
(4) A felony or misdemeanor violation of any law intended to control the possession or distribution of any
controlled substance; or
(5) Any offense involving moral turpitude. (Moral turpitude may be described as intentional dishonesty,
fraud, deceit, conduct contrary to justice, or otherwise immoral conduct.)
(d) The provisions of this section are administrative in nature and not subject to criminal penalties.
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The following Code does not display images or complicated formatting. Codes should be viewed online. This
tool is only meant for editing.
CURRENT CODE
§ 1.03.039 Creation of committees, boards and commissions.
(a) Ad-hoc committees. The council may, as the need arises, authorize the appointment of “ad hoc”
committees. Except where otherwise specifically provided, the mayor shall appoint the members of the
“ad hoc” committees, subject to the approval of the town council. Any committee so created shall cease
to exist upon the accomplishment of the special purpose for which it was created or when abolished by a
majority vote of the town council.
(b) Citizen boards, commissions, corporations, and other appointed bodies. The town council may create
boards, commissions, corporations and other council appointed bodies to assist in the conduct of the
operation of the town government with such duties as the council may specify. Memberships and
selection of members shall be as provided in accordance with the guidelines in the handbook for elected
and appointed officials, as amended from time to time. Any such appointed bodies so created shall cease
to exist upon the accomplishment of the special purpose for which it was created, or when abolished by
a majority vote of the town council. No body so appointed shall have powers other than advisory to the
town council, except as otherwise specified by the laws of the state. These rules of procedure shall apply
to council appointed boards, commissions, corporations, and other appointed bodies in accordance with
the town’s handbook for appointed and elected officials and shall only be modified as provided in the
enabling ordinances for each such council appointed body.
(2006 Code, ch. 1, sec. 6.01; Ordinance 2001-27, ex. A, adopted 11/19/01; Ordinance 2006-03, ex. A,
adopted 2/6/06; Ordinance 2006-30, sec. II, adopted 8/21/06; 2006 Code, ch. 1, sec. 6.01; Ordinance 2008-19
adopted 8/4/08; Ordinance 2009-16, sec. II, adopted 7/6/09; Ordinance 2014-10, sec. 2, ex. A, adopted
4/7/14; Ordinance 2014-14 adopted 6/16/14; Ordinance 2016-09, sec. 2, adopted 3/22/16; Ordinance 2017-19
adopted 9/26/17; Ordinance 2017-30 adopted 1/9/18; Ordinance 2020-17 adopted 9/22/20; Ordinance 2021-
10 adopted 5/25/21; Ordinance 2023-11 adopted 6/13/2023)
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Proposed
General Provisions for Town-Created Boards/Ad Hoc Committees/Task Forces.
DEFINITIONS.
(A) "Board" means a permanent advisory or decision-making body created by the Town
Council. The term does not include separate corporations filed of record with the Texas
Secretary of State.
(B) "Ad Hoc Committee" or "Task Force" means a temporary advisory body created by the
Town Council.
(C) "Member" means a person authorized to serve on the Board, Ad Hoc Committee, or Task
Force.
APPLICABILITY.
(A) This article applies to all Boards, Ad Hoc Committees, and Task Forces, and their
respective Members except to the extent otherwise provided herein.
(B) Federal law, state law, the Town Charter, and Town Council ordinances and resolutions
supersede this chapter to the extent of conflict.
BOARDS ESTABLISHED.
(A) Each Board described is established or continued in existence by the Town Council as an
advisory or decision-making body to perform specified duties.
(B) A Board established by the Town Council that is to be in existence for more than three years
should be included in this chapter, unless other law conflicts with provisions of this chapter.
(C) Prior to the creation of any Board, at the direction of Town Council, the Town Manager and
Town Secretary shall conduct a needs assessment that includes mission, goals, and
objectives to be achieved by the board with deliverables (such as formal presentation/report)
and fiscal impact. A time frame to achieve required outcomes must be specified. The needs
assessment must state that a long-term need exists of at least three years before formally
amending code for inclusion.
(D) The Town Secretary shall maintain a list of all Boards, Ad Hoc Committees and Task
Forces, and other bodies established by council that are not included in this chapter and to
which the council or mayor appoints one or more members.
CREATION OF AD HOC COMMITTEE/TASK FORCE.
(A) The Town Council may create an Ad Hoc Committee/Task Force to assist the Town
Council in its business.
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(B) The Ad Hoc Committee/Task Force shall be established by a Town Council resolution or
ordinance for a specific purpose that expires upon the completion of its assigned task(s) or
according to a specified deadline.
(C) In the absence of other termination language, the Ad Hoc Committee/Task Force will expire
at the end of the appointing council's term.
D) Any existing ad-hoc committee not created by resolution or ordinance shall cease to exist
upon adoption of this ordinance.
10.1.6 BOARD APPOINTMENTS.
(A) Appointments will be made in accordance with the Policy approved by the Town Council.
AD HOC COMMITTEE OR TASK FORCE APPOINTMENTS.
(A) Membership for ad Hoc or task force committee shall be established in the resolution or
ordinance creating the committee. The number of members will be carefully evaluated for
the task at hand.
(B) All vacancies must be listed on the Town Council agenda in order for appointments to be
made.
(C) All members of a Town Council ad hoc committee or task force shall be recommended by
the Mayor subject to the approval of the Council.
QUORUM AND ACTION.
(A) Except as otherwise provided by ordinance, a majority of the total number of the Members
constitutes a quorum for the conduct of business.
(B) An action must be adopted by an affirmative vote of the majority of the quorum present and
voting.
(C) All Members necessary to provide a quorum must be physically present at a meeting to
conduct business.
(D) An ex officio member may participate in discussions at meetings but may not vote or bring
a motion and does not count towards calculation of a quorum or any other minimum vote
count required by town code or state law.
STAFF SUPPORT.
(A) The Town Manager shall designate staff members to serve as liaisons and to provide staff
support for each Board, Ad Hoc Committee or Task Force.
(B) The Town Secretary serves as a liaison between Boards/Ad Hoc Committees/Task Forces
and citizens, council, and department liaisons.
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tool is only meant for editing.
§ 1.02.033 Council subcommittee.
At the first meeting in June of each year, the town council shall take action to designate three (3) of its
members to serve on a council subcommittee formed for the purpose of providing fiduciary oversight of the
budget, as well as providing input regarding the administration of the budget and the budget process. The
subcommittee shall meet with town staff and shall provide updates to the full council as the budget is
developed. The members of the subcommittee shall be recommended by the Mayor subject to the approval
of the Town Council.
(Ordinance 2015-25 adopted 9/8/15)
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Town of Trophy Club
1 Trophy Wood Dr.
Trophy Club , Texas 76262
www.trophyclub.org
2024
TROPHY CLUB
Boards and
Commissions Manual
Adopted by the Town Council on (date),
by Resolution No.
D R A F T
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Board, Commission, and Committee Manual Page 1 of 27
Table of Contents
INTRODUCTION ............................................................................................ 3
ARTICLE I TROPHY CLUB MUNICIPAL GOVERNMENT ....................... 4
1.01 Town Charter..................................................................................................... 4
1.02 Town Council..................................................................................................... 4
1.03 Town Manager .................................................................................................. 4
1.04 Town Secretary ................................................................................................. 5
1.05 Town Attorney ................................................................................................... 5
1.06 Staff Liaison or Staff Contact ............................................................................. 5
ARTICLE II PROCEDURAL INFORMATION .............................................. 6
2.01 Qualifications ..................................................................................................... 6
2.02 Appointments .................................................................................................... 6
2.03 Service Term and Resignations ......................................................................... 6
2.04 Election of Officers ............................................................................................ 6
2.05 Oath of Office and Anti Bribery Statement ......................................................... 7
2.06 Role of an Alternate ........................................................................................... 7
2.07 Attendance ........................................................................................................ 7
2.08 Vacancies .......................................................................................................... 7
2.09 Orientation and Training .................................................................................... 8
2.10 Rules of Procedure ............................................................................................ 8
2.11 Minutes ............................................................................................................. 9
2.12 Communication with Town Council .................................................................... 9
2.13 Communication with Media and Social Media .................................................... 9
2.14 Being an Effective Board Member ..................................................................... 9
2.15 Security ........................................................................................................... 10
ARTICLE III ETHICS AND CONFLICTS OF INTEREST ........................... 10
3.01 Ethics .............................................................................................................. 10
3.02 Conflict of Interest............................................................................................ 10
3.02.1 Appearance of Conflict............................................................................................ 11
3.02.2 Chapter 176 Conflicts Disclosure ............................................................................ 12
3.02.3 Incompatibility of Office ......................................................................................... 12
ARTICLE IV TEXAS OPEN MEETINGS ACT ............................................ 12
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ARTICLE V PUBLIC INFORMATION ACT ............................................... 13
ARTILE VI BOARDS, COMMISSIONS, AND COMMITTEES ................ 14
6.01 Animal Services Board .................................................................................... 16
6.02 Building Standards Commission ...................................................................... 16
6.03 Crime Control and Prevention District ............................................................ 18
6.04 Economic Development Corporation ............................................................... 19
6.05 Ethics Commission .......................................................................................... 20
6.06 Parks and Recreation Board ........................................................................... 21
6.07 Planning and Zoning Commission ................................................................... 22
6.08 Tax Increment Reinvestment Zone No. 1 Board ..........................................................
6.10 Zoning Board of Adjustment ................................................................................
ARTICLE VII CONTACTS AND RESOURCES .......................................... 27
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INTRODUCTION
“A Great Place to Call Home,” the Town Council of Trophy Club encourages and
is indebted to our dedicated citizens who serve on Boards, Commissions, and
Corporations.
The Town of Trophy Club has over eighty individuals that serve on nine boards,
commissions, and committees who advise and assist in carrying out the functions
of local government.
Throughout this manual, reference to “board(s)” should be interpreted to mean
“commission(s)” and “committee(s)”.
As a board member you perform a public service to the Town and have both the
obligation and an opportunity to provide input. This requires a thorough
understanding of your role, as well as a willingness to engage constructively with
the public, elected officials, and Town staff.
While no one document could adequately cover all aspects of serving on a Town
board, this manual covers basic knowledge regarding the operations of most
boards. It consolidates various topics and regulations into one place for quick
reference. It is not intended to answer every question or address every matter that
you may face as a board member. Based on your experience as a board member,
you may have suggestions to improve this manual for future editions. We welcome
your input.
Most boards are created by Town resolution or ordinance and members serve in
an advisory role to the Town Council. They provide information, analysis, and
recommendations to assist the Town Council in making important decisions. Some
boards have specific authority to make binding decisions in certain areas, such as
the Board of Adjustment; the Planning and Zoning Commission; the Economic
Development Corporation, and the Crime Control and Prevention District. These
boards generally derive their decision-making authority from state laws.
This manual has been adopted by resolution of the Town Council and will be
updated from time to time. If any provision of this manual conflicts with any Town
Ordinance or the Town Charter, then the Ordinance or Charter shall prevail.
Thank you for your interest in serving the Town of Trophy Club!
Town Secretary’s Office
682.237.2988
TownSec@trophyclub.org
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ARTICLE I TROPHY CLUB MUNICIPAL GOVERNMENT
1.01 Town Charter
The Trophy Club Town Charter was
adopted in 2004 and is the basic governing
authority of the Town. The Charter
determines the form of municipal
government, the composition, and powers
of the Town Council, and establishes the
legal framework necessary for the Town to
function. The Charter provides for the
operation of municipal functions under the
council-manager form of government.
Under this system, the Town Council
serves as community leaders and policy
makers and a professional manager oversee the daily operations of the Town.
1.02 Town Council
The Town Council consists of a mayor and six council members that serve as the
legislative body of the Town; all of which are elected from the Town at large and
serve three-year terms.
The mayor presides at Town Council meetings, serves as spokesperson to the
community, and facilitates communication and understanding between elected
officials.
The council members are the policy makers elected to represent the entire
community and concentrate on policy issues responsive to citizens’ needs and
wishes. As a legislative body, the council members are the community decision
makers. They approve the budget and determine the tax rate. The council focuses
on community goals, major projects, and long-term considerations such as
community growth, land use development, capital improvement plans, and
strategic planning.
The Town Council appoints the Town Manager, Town Secretary, Town Attorney,
and municipal judge, all of which report directly to the council. All other employees
of the Town report to the Town Manager.
1.03 Town Manager
The Town Manager is appointed by the council to serve the community through
the professional administration of local government projects and programs. The
Town Manager prepares the Town’s annual budget for the council’s consideration
and approval; recruits, hires, and supervises the Town staff; and serves as the
council’s chief adviser by bringing forth objective information regarding policy
matters. The Town Manager makes policy recommendations to the council, which
the council may adopt, modify, or reject.
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1.04 Town Secretary
The Town Secretary is appointed by the council. The Town Secretary provides
legislative and administrative support to the Town Council and Town Manager. The
Town Secretary serves as the Records Management Officer, is responsible for the
Boards and Commissions appointment process, conducting Town elections,
preparing and posting Town Council meeting agendas and minutes, and
maintaining the official records of the Town.
1.05 Town Attorney
The Town Attorney is appointed by the Town Council. The Town Attorney serves
as the legal advisor, representing the Town’s legal interests and rights. The Town
Attorney attends the meetings of the Town Council and the Planning and Zoning
Commission, and Board of Adjustment, when needed, given their quasi-judicial
structure and decision-making authority. Questions regarding legal matters should
first be directed to the board liaison to determine if a consultation with the Town
Attorney is needed.
1.06 Staff Liaison
The Town Manager assigns a staff liaison to work with each board.
A staff liaison serves as a resource for the board to answer questions or provide general
assistance to the board.
Staff liaison and staff support role:
1) Prepare and provide meeting calendars, agendas, staff reports, and
supporting information to the board members prior to meetings.
2) Ensure compliance with the Texas Open Meetings Act.
3) Respond to board member or public requests for information related to the
business of the board.
4) Take meeting minutes, as applicable.
Board members do not have authority over the work program of Town
staff. Rather, the liaison acts as an information resource and provides
technical assistance to the board. Board members may not direct Town
staff in the performance of their board-related activities, nor can they
assign projects or direct the work of staff. A board may request staff’s
assistance on various projects; however, the Town Manager must approve
all requests which create a substantial demand for a work product.
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ARTICLE II PROCEDURAL INFORMATION
The following information contains general procedures applicable to most boards.
2.01 Qualifications
Most boards require members to be a resident, without regard
to length of residency, and a registered voter at the time of their
appointment. There are some exceptions where members may
not be residents due to specific requirements (e.g.
veterinarian). Qualifications link
2.02 Appointments
The Town Council is responsible for making appointments for board positions.
Applicants are considered on a Town wide basis with a review of qualifications,
willingness to serve, and other factors, and without regard to age, race, color,
national origin, religion, gender, or disability. Appointments are made as outlined
in the Appointment Procedures Policy adopted by the Town Council. Policy link
2.03 Service Term and Resignations
Members are usually appointed to a two-year term and with no term limits. All
board members serve at the pleasure of the Town Council and may be removed
before their term of office expires.
Exception: Board of Adjustment members may only be removed when
their term has expired or for cause on a written charge after a public
hearing (LGC 211.008).
A member’s appointment to a board can be terminated by written resignation from
the member to the Town Secretary or board liaison.
2.04 Election of Officers
Procedures for the election of a chair and vice chair (officers) ensure meetings are
conducted in an orderly manner. Except as otherwise provided by state or federal
law, Town Charter, or Town ordinance or resolution, election of officers for Town
Council appointed boards will be as follows:
a) The Town Council has the sole authority to appoint the chair, and in some
instances, the vice-chair for some boards (e.g., Planning & Zoning
Commission, Tax Increment Reinvestment Zone, Zoning Board of
Adjustment). All other chairs and vice-chairs will be elected by voting board
members.
b) For boards that elect officers, elections shall be held annually as soon as
practicable after the annual appointment process. If, for any reason, the
chair or vice-chair vacates their seat, an election should be held by the
voting members to fill the unexpired term. A temporary chair may be
selected by the board. The chairperson presides over the meetings and is
entitled to vote.
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2.05 Oath of Office and Anti Bribery Statement
All appointed Board members are required to take the oath of office
and sign the anti-bribery statement as required by the Texas
Constitution.
2.06 Role of an Alternate
Alternates serve as voting members in the absence of a regular member. In
determining which of the alternate members shall serve in the absence of a regular
member. Alternates will be selected in order of place number. If for any reason
alternate member #1 is unable to serve, alternate member #2 shall so serve, and
so forth.
Alternates are encouraged to attend all meetings to remain apprised of the board
work product, but may not participate unless serving in the absence of a regular
member.
2.07 Attendance
Because your viewpoint is valuable to the Town Council, they take your
appointment, attendance, and involvement on a board very seriously and ask that
you do also.
The Town Council is aware that board members have careers and other
responsibilities that demand their time. However, because of the importance of
citizen boards, the Town Council asks that each board member, including both
regular and alternate members, make every effort to attend all meetings of the
board and notify the staff liaison in advance if they will be unable to attend a
meeting.
Consideration shall be given to absences such as personal or family illness, death
of a family member, jury duty, service in the armed forces, or attending a seminar
involving municipal matters of importance to the member’s duties, absence
necessary for the member’s business or employment, and any related
emergencies.
Should a board member fail to notify the board liaison after three consecutive
regular meetings of the board, or if the reason for their absence is not as described
in the above referenced paragraph, the board liaison will inform the Town
Secretary who will then advise the Town Council Appointments Committee for
review.
The attendance of all members shall be recorded by the staff liaison or board
secretary and provided to the Town Secretary annually upon request.
2.08 Vacancies
Vacancies generally occur when a member resigns or moves out of Town. Board
members should notify their staff liaison or staff contact immediately once that
vacancy is confirmed. The staff person will inform the Town Secretary’s office, who
will in turn notify the Town Council Appointments Committee of the vacancy. Action
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in the way of a replacement will be timely if the vacancy creates a hardship in the
board’s ability to conduct business, or if the vacancy is early in the fiscal year.
Otherwise, a replacement may be delayed until the Town’s annual board process
takes place in the fall.
A vacancy can also be created if council action is taken to remove a member, and
regardless of service term.
2.09 Orientation and Training
Open Meetings Act and Public Information Act Training
The Open Meetings Act and the Public Information Act impose
mandatory open government educational requirements on
elected and appointed officials. Each board member is required
to take this training within 90 days after their appointment.
Training videos are available online at www.oag.state.tx.us.
External Training
Other training opportunities may be made available through area governmental
organizations such as North Central Texas Council of Governments, Texas
Municipal Clerks Association, or Texas Municipal League. The Town Secretary’s
office or staff liaison will make the outreach to board members based on relevance
and availability of funds.
2.10 Rules of Procedure
Most boards establish their own rules and procedures
that govern its operation. Those rules will be discussed
in detail with your staff liaison or staff contact.
1. Every open meeting will include a public comment section on the agenda.
The Texas Open Meetings Act restricts members of the governing body,
or board from discussing items not posted on the agenda. If the topic is
not a posted agenda, action or responses to a speaker’s remarks by
members of the governing body, or board, is limited to either a statement of
fact, recitation of existing policy, or a proposal to place the subject on the
agenda for a future meeting.
2. The Town Council has adopted Robert’s Rules of Order to serve as a guide
on all questions of procedure not addressed by provisions of the Town
Charter or contained within the Code of Ordinances. In the event of a
conflict between the Charter or Code of Ordinances and Robert’s Rules of
Order, the Charter and/or Code of Ordinances shall prevail.
For more information:
• Parliamentary procedures at a glance
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• Public hearing format and procedure
2.11 Minutes
The staff liaison will take meeting minutes in a form consistent with Town Council
meeting minutes. Minutes of the meeting will be presented for approval by the
members present at the next meeting with revisions, corrections, or amendments
being made at that time. For retention purposes, approved minutes shall be stored
in accordance with the Town’s Records Retention Program.
For some boards there may be a secretary, selected by the members, that takes
the minutes, as applicable.
2.12 Communication with Town Council
Staff liaisons will seek input from boards for work topics and priorities for council
discussion and consideration during their annual strategic planning session.
At the request of the Town Council, boards and commissions may occasionally
participate in a joint work session with the Town Council when more immediate
feedback or input on a topic is needed.
Some boards are required to provide annual reports to the Town Council. Other
boards may be periodically asked to report on their activities, accomplishments,
projects, and initiatives.
Board and commission members are encouraged to first contact their staff liaison
regarding policy matters that fall within the scope and purpose of the board. The
mayor or any member of council may also be contacted individually or collectively
at MayorandCouncil@trophyclub.org.
2.13 Communication with Media and Social Media
Should you choose to post information on social media sites
or communicate with the media, please refrain from using
your title so it doesn’t give the impression you are making a
statement or opinion that is representative of the entire
board you serve on. This also applies when speaking to
others. Make it clear that you are speaking in your personal
capacity.
Board members may incur personal liability for statements made
publicly outside of a posted meeting.
2.14 Being an Effective Board Member
The role of a board member is to bring their experience and insight to the board
and deliberate with other members to reach decisions that fulfill the purpose of the
board in the best interest of the citizens it serves, and with consideration to
applicable laws. Several strategies may be used to be an effective board member:
a) Be prepared. Reading your agenda packet prior to the board meeting is
essential. Thorough preparation will enhance the ability to actively
participate in the meeting.
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b) Ask questions. Board members are not expected to know everything.
When policy is discussed or deliberations are held on decisions, these are
key moments to ask questions to facilitate learning. Seek clarification from
those presenting during the meeting.
c) Know the law. New regulations are continually revised and updated. Stay
apprised to changes that impact the board you serve on.
d) Maintain focus. Being a board member requires being attentive and open
to learning new things. Remain engaged in the meeting and avoid
distractions that can steal your attention such as smartphones and other
devices.
e) Be courteous. Every member’s contribution is significant and important.
All members should be treated equally and with the utmost respect and
courtesy when sharing thoughts, ideas, and suggestions. Those viewpoints
are crucial to help in the decision-making process.
f) Be punctual. Make every attempt to arrive on time to meetings and let your
board liaison know if you will be absent. Unexpected absences can cause
a meeting to be cancelled if not enough members are present to establish
a quorum. If a quorum is not present the board will be unable to conduct
business, so as a courtesy to your fellow board members and the public,
please provide advance notice of any absences.
g) Active participation. Passivity breeds inactivity. Rather than reacting to
what occurs, be pro-active in thinking. Asking appropriate questions,
requesting important information, and participating in discussions will be
beneficial in your role as a board member.
h) Watch/Listen. You may wish to review materials or videos from prior
meetings to familiarize yourself with topics that come before the board you
serve on, as applicable. Most board meetings are streamed live, recorded,
and archived at www.trophyclub.org/agendas.
2.15 Security
There are security measures in place at Town Hall should the need ever arise.
Your staff liaison can provide an overview of those measures and the evacuation
plan.
ARTICLE III ETHICS AND CONFLICTS OF INTEREST
3.01 Ethics
The Town Council has adopted an ethics policy that applies to all council members
and appointed Town officials, including board members. Click here for detailed
information about the Town’s Code of Ethics. Please familiarize yourself with these
regulations.
3.02 Conflict of Interest
The State’s conflict of interest law, Chapter 171 of the Texas Local Government
Code, although only applicable to officers of the Town, has been made applicable
to all board members by practice. However, penal provisions of Chapter 171 are
not applicable to advisory board members.
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Chapter 171 requires a board member with substantial interest in a business entity
or real property to file an affidavit with the staff liaison and abstain prior to a vote
or decision on any matter involving the business entity or real property if the action
on the matter will have a special economic effect on the business entity
distinguishable from the effect on the public, or if it is foreseeable that the action
on the matter will have a special economic effect on the value of the real property,
distinguishable from its effect on the public. For example, the Attorney General
(AG) has opined that a special economic effect on the value of real property
distinguishable from the effect on the public exists when a Planning and Zoning
board member has an interest in real property located within 200 feet of property
being rezoned. However, the AG made it clear that these evaluations are highly
fact intensive. Ask yourself the question, will this action before my board affect the
value of my real property in a manner that is different from the public at large?
You have a substantial interest in a business entity if:
1. You own 10 percent or more of the voting shares of the business entity or
own either 10 percent or more or $15,000 or more of its fair market value;
2. You received funds from the business entity exceeding 10 percent of your
gross income for the previous year.
You have a substantial interest in real property if the interest is an equitable or
legal ownership with a fair market value of $2,500 or more.
You have a substantial interest if your close relative within the first degree of
consanguinity and affinity has a substantial interest.
A violation of chapter 171 is a Class A misdemeanor.
If you think you have a Chapter 171 conflict, contact the staff liaison prior to the
meeting to sign the required affidavit. The affidavit must be signed prior to the item
being considered. You, or the presiding officer, should also announce that you
have a conflict at the meeting and excuse yourself from the room while the item is
being considered. You should not participate on the matter, including contacting
members of the board or staff concerning the matter.
3.02.1 Appearance of Conflict
There are times you will have a perceived conflict of interest even though it is not
a conflict that is prohibited by law. In those cases, you should make a judgment
call as to whether you should abstain from the matter. If you think the perceived
conflict affects your ability of independent judgment or there is a strong appearance
that you lack the ability to remove yourself from the perceived conflict in making a
decision, you should carefully consider whether abstention is appropriate. Often,
these are difficult judgment calls for which there are no absolute right answers. In
making your decision, you should weigh the harm of participating against your
general duty to serve on the board. You have a duty to participate and vote on all
matters that come before the board, unless you have a conflict, or you lack
information to decide the issue. Do not hesitate to consult with the Town Attorney’s
office for guidance.
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3.02.2 Chapter 176 Conflicts Disclosure
Chapter 176 of the Texas Local Government Code requires you to file a Conflict
Disclosure Statement with the Town Secretary if you or your family member:
a) Has an employment or business relationship with a Town contractor or
vendor that results in taxable income.
b) Received or accepted one or more gifts from a Town contractor or vendor
(excluding gifts of food, lodging, transportation, or entertainment accepted
as a guest) with an aggregate value of $250 in the preceding 12 months.
You are required to file the form within seven days after you become aware
of the relationship with the Town. The Conflict Disclosure Statement is
signed under penalty of perjury, and it is a Class C misdemeanor to fail to
timely file the form. However, it is a defense to prosecution if you file the
Conflict Disclosure Statement not later than the seventh day after you
receive notice of violation. Therefore, you have two chances to comply.
3.02.3 Incompatibility of Office
The common law doctrine of incompatibility of office prohibits you from holding two
conflicting public offices. You cannot hold another public office that conflicts with
your duties with the board. Because this is very fact-sensitive, you should contact
the Town Secretary who will consult with the Town Attorney’s office if you hold
another public office. You should do this prior to serving as a governmental board
member, as your acceptance of the governmental board appointment may result
in the automatic forfeiture of your other public office.
ARTICLE IV TEXAS OPEN MEETINGS ACT
Most Town boards must comply with the Texas Open Meetings
Act (the “Act”)(Government Code Chapter 551). There are
exceptions for some recommending boards or committees
based on their duties or how they are structured.
The act generally provides that meetings of a governmental
body shall be public. Written notice must be given of dates,
times, and locations of all meetings. Minutes of each meeting must be taken, and a record
of votes and decisions kept as public record. The board liaison will ensure the agenda is
properly posted and minutes are taken, as applicable. There are criminal penalties for
holding an unauthorized closed meeting for boards with decision making authority.
When a quorum is anticipated in any given place where Town business is being discussed,
the meeting should be posted as a precautionary measure to avoid the accusation of
attempting to conduct Town business in private. Board discussion during meetings should
be limited to only those items listed on the posted agenda. Conversation or action on items
not posted on the agenda would be considered a violation of the act. The Open Meetings
Act does not apply to purely social gatherings, conventions, or workshops. Any specific
questions or issues should be referred to the Town Attorney’s office through the staff
liaison.
All board members are required to take the Texas Open Meetings training within 90 days
of their appointment.
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For more detailed information about the Act, such as what constitutes a meeting, notice
requirements, open/closed session rules, and penalties and remedies for violations of the
act, see click on the following link for the Texas Open Meetings Act Handbook produced
by the Texas Attorney General.
ARTICLE V PUBLIC INFORMATION ACT
The Texas Public Information Act (the “Act”), provides all public records must be open to
inspection and copying unless otherwise made confidential by law. All board members are
subject to the Act. For this reason, it is a good approach to always presume that the public
has access to the contents of board files and records, including email, text messages, and
social media as it relates to Town business. Treat the contents of all communication in a
professional manner.
Rule of Thumb: Ask yourself, would I want to see what I wrote in the local paper, posted
in social media, or recited during a public meeting?
As part of your orientation as a new board member, and in accordance with Government
Code 552.024 you will be asked to complete a form that indicates your preference as to
what information you would allow the public access to as it relates to home address, home
telephone number, emergency contact information, or that reveals whether the person has
family members. This form should be completed and signed no later than the 14th day after
appointment.
ARTILE VI BOARDS, COMMISSIONS, AND COMMITTEES
The Town has nine (9) active boards that serve the
citizens of Trophy Club. Some carry decision making
authority and others provide recommendations to Council
for final approval. The board recommendation is included
in the staff report for that item.
Ad hoc boards may be temporarily created and terminate upon completion of a specific
task or special purpose for which it was created, or when abolished by a majority vote of
the Town Council.
Each Town board is listed below, and includes:
a) Overview
b) Powers and duties
c) Member makeup
d) Meeting frequency
e) Board URL or additional information
f) Board liaison or staff contact
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6.01 Animal Shelter Advisory Board
Overview: The Animal Shelter Advisory Board is charged with working with staff
to set standards for the town's animal shelter and the care of
animals, and to provide periodic reports to the Texas Department of
Health.
Powers & Duties: Duties of the board shall include the making of recommendations to
the town council concerning the town’s animal shelter and the
shelter’s compliance with chapter 823 of the Health and Safety
Code, as amended, and all other applicable state and local laws.
Members: Six members comprised of at least one (1) licensed veterinarian, one
(1) county or municipal official, one (1) person whose duties include
the daily operation of an animal shelter, the animal control officer for
the town, one (1) representative from an animal welfare
organization, and two (2) residents from the community.
Meetings: Minimum three (3) times annually.
Staff Liaison: Brian Hall, Animal Control Officer
bhall@trophyclub.org
6.02 Building Standards Commission
Overview: The Building Standards Commission hears and determines cases
concerning alleged violations of Ordinances regulating buildings and
structures.
Powers & Duties: The Commission is tasked with determining whether buildings and
structures within the Town meet minimum building, fire, floodplain,
and related code requirements. The Commission also orders
appropriate remedial actions, has the authority to impose civil
penalties as allowed by law, and provides a review of administrative
decisions in addition to other functions authorized by the ordinance.
Cases must be heard by at least 4 members, either regular or
alternate.
Members: Five regular members and two alternate members. To the extent
possible, members of the commission should be qualified in one (1)
or more of the fields of fire prevention, building construction,
sanitation, plumbing, electricity, mechanical systems, engineering,
architecture or public health. Failure of a person to be qualified in
any of such fields shall not prevent or disqualify that person from
sitting on the commission.
Meetings: Meetings held on an as-needed basis.
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Staff Liaison: Max Cox, Director of Community Development
mcox@trophyclub.org
6.03 Crime Control and Prevention District
Overview: The Trophy Club Crime Control and Prevention District (CCPD) was
established pursuant to the authority granted by Section 363 of the
Local Government Code, following the approval, by the voters of
Trophy Club, of a 0.25% local option sales tax on May 11, 2013.
After establishment in 2013, the CCPD was subsequently continued
by voters on May 5, 2018, for a 5-year period, and again on May 7,
2022, for a 20-year period. The next continuation election will occur
in 2042.
Powers & Duties: The purpose of the CCPD to enhance the capability of law
enforcement and to further crime prevention programs through the
acquisition of personnel, new equipment and technology for the
police department. The Board establishes the annual budget and
policies, oversees expenditures and evaluates programs funded by
the district. Funds are restricted as outlined in Section 363,
Subchapter D of the Local Government Code. Additional information
concerning the duties and responsibilities of the Board may be found
in Chapter 363, Texas Local Government Code.
Members: Seven regular memebers.
Meetings: The CCPD meets quarterly, typically at 6:00 p.m.
Staff Liaison: Patrick Arata, Chief of Police
parata@trophyclub.org
6.04 Economic Development Corporation
Overview: Established in 1996, the Trophy Club Economic Development
Corporation (EDC) is a Type B Economic Development Corporation
created under sections 501, 504, and 505 of Texas Local
Government Code. The Trophy Club EDC is funded through at a
quarter cent sales tax.
Powers & Duties: The EDC is a Type B Corporation governed by Chapter 505 of the
Development Corporation Act and its Bylaws. All programs and
expenditures must be approved by the Trophy Club Town Council.
For more information on Economic Development Corporations
powers visit the Texas Comptroller’s website
Members: Seven regular members.
Meetings: The EDC meets as needed.
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Staff Liaison: Brandon Wright, Town Manager
bwright@trophyclub.org
6.05 Ethics Review Commission
Overview: Per the Town’s Charter, the Ethics Review Commission is
established by ordinance to administer and enforce the Code of
Ethics and Conduct Ordinance.
Powers & Duties: The commission is responsible for reviewing and making decisions
about any alleged violations of the Code of Ethics by individuals it
governs as provided for in the Town’s Code of Ordinances.
Members: Five regular members and two alternate members.
Meetings: The Ethics Commission meets as needed.
Staff Liaison: Brandon Wright, Town Manager
bwright@trophyclub.org
6.06 Parks and Recreation Board
Overview: The Parks and Recreation Board acts principally in an advisory
capacity to the town staff and the town council in all matters
pertaining to parks and recreation.
Powers & Duties: The Parks and Recreation Board is tasked with encouraging the
development of recreational areas and programs for all town
residents, advising the parks and recreation director on
improvement issues, and recommending standards and capital
improvement programs. The Boad also serves as the town's tree
board, responsible for tree preservation and removal policies.
Members: Nine regular members.
Meetings: The Parks and Recreation Board meets monthly.
Staff Liaison: Chase Ellis, Director of Parks and Recreation
cellis@trophyclub.org
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6.07 Planning and Zoning Commission
Overview: The Planning and Zoning Commission (P&Z) is an advisory body to
the Town Council. The P&Z hears, recommends, or determines any
matter relating to zoning, planning, or subdivision control as they
may be specified or required under the Town’s Comprehensive
Zoning Ordinance or applicable laws of the State of Texas.
Powers & Duties: The P&Z recommends boundaries for districts, approves or denies
zoning changes, and addresses matters related to zoning, planning,
or subdivision control. The commission also advises on
amendments to zoning ordinances to clarify classifications and
interpret zoning maps where discrepancies occur.
Members: Seven regular members.
Meetings: The Parks and Recreation Board meets monthly.
Staff Liaison: Chase Ellis, Director of Parks and Recreation
cellis@trophyclub.org
6.08 Tax Increment Reinvestment Zone Board #1
Overview: The Tax Increment Reinvestment Zone (TIRZ) Number 1 board aims
to promote an economically thriving district that enhances the town's
tax base, attracts new investment opportunities, and preserves
existing development values through various financial, marketing,
land planning, and capital infrastructure development tools.
Powers & Duties: The Board shall make recommendations to the Town Council
concerning the administration, management and operation of the
Zone. The Board shall prepare and adopt a project plan and a
reinvestment zone financing plan for the Zone and submit such plans
to the Town Council for its approval. The Board shall perform all
duties imposed upon it by Chapter 311, Texas Tax Code and all
other applicable laws.
Members: Five regular members.
Meetings: Meets as needed.
Staff Liaison: April Duvall, Director of Finance
aduvall@trophyclub.org
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Board, Commission, and Committee Manual Page 18 of 27
6.09 Zoning Board of Adjustment
Overview: The Zoning Board of Adjustment (ZBA) serves as an appeal body
for individuals seeking variances or special exemptions to the zoning
ordinance or to a decision made by an administrative official
enforcing the ordinance.
Powers & Duties: The ZBA may, in conformity with the provisions of the Town’s
Ordinances and the provisions of chapter 211 of the Texas
Government Code, as amended, reverse or affirm, wholly or partly,
or may modify the order, requirement, decision or determination
appealed from and may make such order, requirement, decision or
determination as should be made, and to that end shall have all the
powers of the officer from whom the appeal is taken.
Members: Five regular members and four alternate members.
Meetings: Meets as needed.
Staff Liaison: Max Cox, Director of Community Development
mcox@trophyclub.org
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Board, Commission, and Committee Manual Page 19 of 27
This manual was adopted by the Town Council on (date), by Resolution (#).
Administrative updates will be made as warranted.
Page 37 of 123
MUNICIPALITY OF TROPHY CLUB
Handbook for Elected and Appointed Officials
TOWN OF
TROPHY
CLUB
MUNICIPALITY OF TROPHY CLUB
Handbook for Elected and Appointed Officials
EFFECTIVE DATE: 06-12-2018 REVISION DATE : 06-12-2018
(Resolution No. 2018-08)
This Handbook is applicable to all paid, non-paid and voluntary positions and seats to include;
Town Council, Boards, Commissions, and Corporations.
I acknowledge receiving and agree to comply with the policies set forth in the Handbook for
Elected and Appointed Officials.
Elected/ Appointed Official Signature Date
Elected/ Appointed Official Printed Name Board/Commission/Corporation Serving
Return this page to the Town Secretary and attach the Texas Open Government Training
Certificates where applicable.
Handbook for Elected and Appointed Officials Page 1 of 11
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Introduction
In order to be "A Great Place to Call Home," the Town of Trophy Club encourages and is
indebted to our dedicated citizens who serve on Boards, Commissions, and Corporations. In
accordance with Section 4.16 of the Town Charter, the citizens who serve do so without
compensation. They are appointed to serve after indicating their interest through the
application process, and they serve at the discretion of the Town Council.
Generally, members of each Board, Commission or Corporation are charged with researching
pertinent projects and with making recommendations to the Town Council. Members serve in
an advisory capacity. The exceptions are the Zoning Board of Adjustment and the Building
Standards Commission, which have quasi-judicial duties. The exact duties and requirements of
each Board, Commission or Corporation can be found in the ordinance establishing that specific
body and/or applicable enabling statute.
Each Board, Commission, and Corporation consists of members, a Chair/President, a Town Staff
liaison and a Council liaison if one is appointed by the Council.
Applicant Requirement for Boards. Commissions. or Corporations
Applicants for Boards, Commissions, or Corporations must be United States Citizens and
registered voters prior to their appointment and must also be Trophy Club residents for at least
six (6) months prior to their appointment. Based upon good cause shown, Council may waive
the voter registration and/or length of residency requirement for a person appointed to a
Board, Commission, or Corporation, except where restricted by State law. Neither Town elected
officials, nor persons appointed to fill vacancies on any elected Town governmental body may
serve on a Town Board, Commission, or Corporation, per Town Charter.
The technical expertise of applicants shall be a consideration in gaining appointment.
Residency Requirement/Temporary Change in Residency Status
In addition to the residency requirement for citizens making application to serve on Town
Boards, Commissions, and Corporations, a person serving as a member must reside within the
Town of Trophy Club during his or her term of service in order to continue serving. However, if
during the term of appointment or during the time frame for reapplication, the residency status
of a then current member of a Board, Commission or Corporation temporarily changes for a
period of no more than six (6) months, the member may request that the Council review
his/her specific circumstances affecting residency. If the temporary change in residency status
does not disqualify a member of a Board, Commission, or Corporation from continuing to serve
either because of a Charter or state law requirement for service on his/her respective Board,
Commission, or Corporation, the Council may authorize the continued service or
reappointment of the member until such time as the member returns to permanent residency
status.
Handbook for Elected and Appointed Officials Page 2 of 11
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Posting Process
The Town Secretary will ensure that annual appointments for Boards, Commissions, and
Corporations are posted in the month of June:
• Announced in the Town Newsletter
• Posted on the marquees
• Posted on the Town's Web page at: www.trophyclub.org
• Posted to Town-managed social media sites at: www.facebook.com/TrophyClubGov and
www.twitter.com/TrophyClubGov
The Town Secretary will also notify each member whose term is expiring that they must
resubmit the Board, Commission and Corporation Application.
Application Process for Annual Appointments
Applications will be accepted each year in July or within a time frame as otherwise directed by
Town Council. A received application will be considered active for one year following the date
of receipt, provided it meets all previously stated requirements.
Applications are available in the Town office and online at the Town's website. The completed
application shall be submitted to the Town Secretary and forwarded as soon as possible to the
Town Council Appointments Committee and ex-officio members, all additional members of the
Town Council, the Chair/President of the respective Board, Commission, or Corporation, and
the Staff Liaison.
Town Council Appointments Committee
At the first Town Council meeting in June, the Council shall establish a Town Council
Appointments Committee tasked with making recommendations to the full Council regarding
appointments to all Boards, Commissions, and Corporations (hereinafter " Appointments
Committee"). The Appointments Committee shall be comprised of three (3) Council members,
and the Committee shall have the discretion to add additional non-voting ex-officio members to
the Committee as determined appropriate.
Interview Process -Appointments Committee
Interviews shall be conducted by the Appointments Committee after the close of each
application period.
Staff Liaisons shall be responsible for scheduling interviews for each candidate who submits an
application for their respective Board, Commission, or Corporation. Typically these interviews
will be held at a regular interval as determined by the Appointments Committee. In the event
of scheduling conflicts or workload demands, alternate dates may be selected. The
Appointments Committee shall make every effort to interview the applicants. It is not required
that there be more than 1 member of the committee at an interview although it is
recommended that at least 2 members be present. Having other Council members who are not
members of the Committee present in interviews is not recommended.
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After conducting interviews, the Appointments Committee shall provide its recommendations
relating to nominations for appointment to the Town Manager preceding the Council meeting
at which such appointments are to be considered. Appointments generally will be made by
resolution at the second (2 nd ) Town Council meeting of the month.
The Appointments Committee and Council will not evaluate applicants on the basis of race,
color, religion, sex, national origin, ethnic group, age, or disability. Recommendations for
appointment to a Board, Commission or Corporation will not be made based on stereotypes or
assumptions about the abilities or traits of individuals of a certain race, color, religion, sex,
national origin, ethnic group, or age, or individuals with disabilities.
Mid-Term Vacancy/ Resignations
When a Board, Commission, or Corporation member resigns mid-term, a written notice of
resignation shall be submitted to that body's Chair/President. The Chair/President shall forward
the notice to the Staff Liaison who shall then forward the notice to the Town Secretary and
Town Council.
Upon receiving notice of vacancy, the Town Secretary shall initiate the application process in
accordance with the Posting Process set forth above, and interviews shall be conducted in
accordance with the Interview Process as set forth above.
Members appointed to fill vacancies shall be appointed to serve out the remainder of a
predecessor's term. Council may directly appoint an applicant whose application is previously
on file under the established application process provided that the applicant is still willing to
serve on the Board, Commission or Corporation that he/she applied for without the
requirement of an additional interview.
Removal
Members of Boards, Commissions and Corporations serve at the discretion of the Town Council
and may therefore be removed at the sole discretion of Council at any time; provided however,
that members of the Building Standards Commission may only be removed for cause on a
written charge. Before the decision regarding removal is made, the Council shall hold a public
hearing on the matter if requested by the member that is subject to the removal action.
Removal shall be by majority vote of the Council.
Appointments Process
Terms of office for Board, Commission, and Corporation members shall begin in October unless
Town Council extends the time period for the application process or otherwise determines it
appropriate to alter the annual appointment schedule.
Term Lengths
Term lengths are set forth in the ordinance establishing the Board, Commission, or Corporation
and/or applicable enabling statutes.
Terms are staggered, with the Council making annual appointments to replace members whose
regular terms expire in any given year.
Handbook for Elected and Appointed Officials Page 4 of 11
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Compensation
Members appointed to a body by the Town Council shall serve without compensation; provided
however, that they shall be entitled to reimbursement of any necessary expenses incurred in
the performance of their official duties, when approved by Council or its' designee.
Maximum number of Appointments
It is the goal of the Council to afford the opportunity to serve on Town Boards, Commissions
and Corporations to as many interested residents as possible; however, except as otherwise
specifically provided in this Section, if the number of open Board, Commission, or Corporation
seats exceeds the number of qualified applicants, the Council may allow a person to serve on
more than one (1) Board, Commission, or Corporation. In the event that the number of
qualified applicants exceeds the number of open Board, Commission, or Corporation seats, it is
the goal of the Council to first appoint those qualified applicants not already serving before
taking action to appoint an applicant who is already serving on a Town Board, Commission, or
Corporation. Council may act to replace a current member who is serving on more than one
Board, Commission or Corporation prior to the end of his or her term, provided there is an
adequate number of qualified applicants.
Exception: Since the Building Standards Commission (BSC) and the Zoning Board of Adjustment
(ZBA) do not meet on a regular basis but meet only as needed, it is the intention of the Council
to utilize a dual appointment process when making appointments to the BSC and ZBA.
Therefore, a person may be appointed to serve on both the Building Standards Commission and
the Zoning Board of Adjustment concurrently.
Open Government Training
Elected and appointed public officials are required by State law to receive training in Texas
open government laws. The Office of the Attorney General offers free video training courses,
which were developed to ensure that all elected and appointed government officials, have a
good command of both open records and open meetings laws.
Each elected or appointed official who is a member of a governmental body subject to the
Open Meetings Act or the Public Information Act must attend training. Additionally, employees
who serve as a governmental body's designated public information coordinator are required to
complete the Public Information Act training course.
Officials who are elected or appointed shall complete the required open government training
within ninety (90) days after taking elected office or after appointment. Staff Liaisons from the
individual groups requiring the training shall be responsible to ensure that all members of their
group receive the training. Training CDs are available in the Town Secretary's office.
Certificates of completion must be maintained by the member's governmental body and made
available for public inspection upon request. The original Certificate shall be forwarded to the
Town Secretary to be kept in permanent records.
More information on Open Government may be obtained online at the Texas Attorney
General's Office. (http://www.oag.state.tx.us)
Handbook for Elected and Appointed Officials Page 5 of 11
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Nepotism
Members of an Economic Development Corporation, Building Standards Commission, Zoning
Board of Adjustment or Planning and Zoning Commission cannot be related to a Council
member.
For all other Boards, Commissions, and Corporations, the following rules shall apply:
1. A Board, Commission, or Corporation Chair/President cannot be a relative of the Mayor
or of a Council Member; and
2. No more than one (1) member on any given Board, Commission, or Corporation may be
a relative of a Council Member. A person is a relative if he/she is related in the first degree
by consanguinity (blood) or by affinity (marriage).
Guidelines for Members
All members of Boards, Commissions, and Corporations have specific duties and
responsibilities.
All members of Boards, Commissions, and Corporations are expected to participate in formal
and informal training sessions.
Many Boards, Commissions, and Corporations deal with technical issues that can require a
foundation of certain knowledge that must be updated from time to time. The Town will
provide reasonable opportunities for members to acquire and keep current in these training
efforts. Members are expected to participate.
Regular attendance
Effectiveness as a member requires regular attendance. Should a member of a Board,
Commission, or Corporation fail to attend three consecutive regular meetings without being
excused by the Board, Commission, or Corporation, the Council may declare that member's
appointment forfeited. A member who is unable to attend a meeting shall notify the Staff
Liaison of his/her inability to attend the meeting and shall provide an explanation of the conflict
or other reason that prevents his/her attendance. Notice to the Staff Liaison shall be provided
as soon as practicable after the member becomes aware of the impending absence.
It is particularly important that all members attend briefing sessions and work sessions prior to
formal meetings to promote effective and efficient meetings. If a member finds difficulty in
maintaining regular attendance, it is suggested that the member consider whether they have
sufficient time to be an effective member. It is the responsibility of a member in this position to
initiate a discussion with the Chair/President or Staff Liaison about attendance.
The Chair/President of the Board, Commission, or Corporation is to maintain a charted
attendance record for all members. If attendance becomes an issue, the Staff Liaison will
attempt to secure a written resignation.
The Staff Liaison is responsible for submitting periodic reports to the Town Council on behalf of
Handbook for Elected and Appointed Officials Page 6 of 11
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the Board, Commission, or Corporation noting progress and members' attendance.
Avoidance of contacts and individual discussions
It is not uncommon for applicants, opponents, or their representatives to approach individual
members to solicit support or disapproval of a pending issue. These individual contacts shall be
declined by members of the Building Standards Commission, Zoning Board of Adjustment and
by members of the Ethics Commission.
Requests for sponsorships/donations/agreements with vendors
Unless acting jointly with a Staff Liaison pursuant to the direction of their respective Board,
Commission, or Corporation, members do not have the authority to seek donations, to make
agreements with vendors, or to give the impression that they are acting as an agent for the
Town. Furthermore, Board, Commission and Corporation members are not permitted to
obligate any Town funds or enter into any agreements without prior written approval of the
Town Manager or the Manager's designee. All actions requiring the obligation or expenditure
of funds shall be in accordance with the applicable approved budget.
Ethics
All members of the Town Council, Boards, Commissions, and Corporations shall be familiar with
the requirements of the Town's Ethics ordinance.
Effective Meetings
All members of Boards, Commissions and Corporations should familiarize themselves with the
elements of a successful meeting. These include:
• Having a purpose for the meeting;
• Giving adequate notice;
• Posting public notice when required;
• Preparing for the meeting in advance;
• Preparing an agenda;
• Allowing for appropriate participation from all parties;
• Selecting an appropriate meeting place;
• Determining the outcome or results of the meeting;
• Keeping an accurate record of all proceedings; and
• Keeping discussion focused on items listed on the agenda.
Members should avoid common mistakes that can make meetings unproductive, including but
not limited to:
• Lack of control at the meeting, appearing unfair, being unable to bring issues to a vote and
wasting people's time.
The Staff Liaison and all members are responsible for compliance with the Texas Open
Meetings law. Meetings of all Boards, Commissions and Corporations are open to the public. All
meetings shall be held in such a fashion that all participants have assigned seating with clearly
visible nameplates. Board Members must take care to speak into the microphone at all times
while in session. If a meeting is recorded with only audio and no video, each person must
identify themselves prior to speaking. Prior to initiating a closed or "Executive Session," the
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Staff Liaison and Chair/President shall receive approval from the Town Attorney.
Prior to any meeting, the Chair/President and Staff Liaison shall prepare an agenda describing
actions to be taken by the group. The agenda shall be prepared in a format approved by the
Town Attorney and shall be posted in compliance with State law.
The Chair/President shall allocate sufficient time for both applicants and opponents of an issue
to present their information. Regardless of whether an agenda item is listed as a public hearing
item or not, members of the public shall be given a reasonable opportunity to present their
information and opinions. The Chair/President must allocate and manage the time to be
allotted and shall use discretion based upon the agenda, the Council Rules of Procedure and
other factors; provided however, that the Chair/President shall have the discretion to allow
additional time without objection by a majority of the Board, Commission or Corporation.
The Chair/President shall endeavor to see that all persons attending or participating in
meetings are treated with respect and dignity. All members must refrain from prejudicial or
stereotypical comments. All members must refrain from questioning that takes the form of
"badgering" or "debating" with those providing testimony/comment.
All members need to be cautious of publicly representing their positions beyond the scope of
the business at hand. The official position of the Town shall be represented only by Town staff,
as established by the Town Council.
Conduct in meetings
Board, Commission, and Corporation members should act in a professional manner. If a
resident presents a complaint to the Board, Commission, or Corporation at a meeting the
information should be taken and referred to Staff to reply to the resident.
Rules of Decorum
Meetings of all Boards, Commissions, and Corporations shall be conducted in accordance with
adopted Town Council Rules of Procedure.
1. To adjourn
2. To take a recess
3. To commit, refer, or recommit to
committee
4. To amend
5. To amend an amendment
6. To postpone indefinitely
7. To table
8. Calling the question
9. Objecting to consideration of a
question
Handbook for Elected and Appointed Officials
Yes No
Yes No
Yes Yes
Yes Yes
Yes Yes
Yes Yes
Yes No
No No
No No
No Yes
Yes Yes
Yes Yes
Yes Yes
No Yes
No Yes
No Yes
No 2/3
No 2/3
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Responsibilities of the Chair/President
Each Board, Commission, or Corporation shall have a Chair/President. A Board, Commission, or
Corporation at the Council's discretion, may be asked to make a recommendation for a
Chair/President with the final determination left to the Council. The Chair/President should
have some experience as a member of the group. The Planning and Zoning Commission's Chair
will be determined entirely by the Council.
The Chair/President must act as the "leader" and take responsibility for the group's efficient
and meaningful operation. The Chair/President must ensure that roles are clearly spelled out,
meetings are efficiently conducted and necessary information is readily available, which helps
create a good working environment.
Appointment of a Chair/President
The Council will have final determination on the appointment of a Chair/President for each
Board, Commission and Corporation, except where state law requires appointment of a
Chair/President by another method. Following the appointment of a new Chair/President, the
Mayor or his or her designee and a Staff Liaison will arrange a meeting with the new
Chair/President to review this Handbook and share ideas on how to run an effective meeting.
The Chair/President should manage the meeting to ensure that:
•
•
•
•
•
•
•
A few members do not monopolize discussion or questions;
Appropriate time is taken for presentation and discussion;
Dialogue and interactions are maintained in a courteous and professional Manner;
Minutes of each Board, Commission, and Corporation meeting are taken and maintained
by the Staff Liaison;
Staff and members treat each other with mutual respect at all times;
Discussion is limited to those items on the agenda. However, the Chair/President or Staff
Liaison may place any item on a future agenda for discussion;
All Board, Commission, and Corporation meetings shall be recorded as required by the
Texas Open Meetings Act.
The Chair/President must ensure that effective communication exists between Board,
Commission, Corporation, Council, Staff and the public. This requires frequent interaction with
the Staff Liaison and Council Liaison to the Board, Commission, or Corporation. The Town
Manager is responsible for ensuring that that the Staff Liaison is efficient in providing requested
technical assistance and information to members. This includes helping to develop appropriate
rules and procedures for the group in order to complete its duties. It also requires preparation
of proper meeting notices and agendas, gathering and relaying pertinent information in a
timely fashion to members and providing support at meetings. If the Staff Liaison is not
effectively operating in this manner, the Chair/President should first discuss the issue with the
Town Manager. If satisfactory results are not achieved, the Chair/President should next contact
the Mayor and Council Liaison to the Board, Commission or Corporation if a Council Liaison has
been named.
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It is the responsibility of the Chair/President to be mindful of the attendance, actions and
activities of individual members, as well as to discuss with these members any deviations from
the rules.
The Chair/President shall be responsible for communicating to the Staff Liaison any requests to
be placed on the Town Council agenda for consideration.
The Chair/President and Staff Liaison shall define the scope, objectives and criteria for
completion of any project to be undertaken by the group that has not been referred directly
from Council. This should be done prior to the initiation of all projects. For items referred to a
Board, Commission or Corporation by Council, it is the responsibility of the Chair/President and
Staff Liaison to see that proceedings of the Board, Commission or Corporation fulfill the
direction provided by Council in whole and in a timely manner, with appropriate information
and context.
Prior to a Board, Commission or Corporation undertaking any project or initiative that requires
the expenditure of funds, other than those authorized in the approved Town budget, such
initiative or project shall be submitted to the Staff Liaison for action by the Town Manager.
Responsibilities of the Staff Liaison
A member of the Town staff will be assigned to each Board, Commission, or Corporation. The
Staff Liaison shall not assume the responsibility or task of the group. Rather, the Staff Liaison
shall provide information that group members need to perform their obligations. The Staff
Liaison shall also serve as a communication link between members of the group and the Town
staff. The Staff Liaison shall be responsible for making periodic reports to the Town Council
regarding the activities of his/her Board, Commission or Corporation. The Staff Liaison, when
appropriate and in accordance with the Texas Open Meetings Act, shall place an item on the
agenda for his/her designated Board, Commission or Corporation to allow the Council liaison to
provide an update regarding the actions, direction and input of the Town Council.
Responsibilities of the Council Liaison and Council members
A member of the Town Council may be assigned as liaison to each Board, Commission, or
Corporation. The Council Liaison shall not assume the responsibility or task of the assigned
body. The Council Liaison shall serve as a communication link between the Board, Commission
or Corporation and the Town Council. The Council Liaison shall make periodic reports to the
Town Council regarding the activities of their assigned Board, Commission or Corporation.
In order to maintain appropriate separation of responsibilities between Council and boards,
Council Liaisons and Council members are expected to exercise restraint in providing input to
boards, but if they choose to do so, shall clearly and definitively state that they are providing
input as an individual and do not represent the Council as a body in any way. Council members
may freely speak before any Board, Commission or Committee on behalf of their own personal
interest and concerns; in which case, they shall publicly state the nature of their interest and/or
concern and that they are appearing only in their private capacity. The Council Liaison should
communicate with the Chair/President throughout the year to ensure Boards, Commissions and
Corporations focus on their missions and roles and to stay abreast of board activities. Council
Handbook for Elected and Appointed Officials Page 10 of 11
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Liaisons should be accessible to Board, Commission and Corporation Chairs/Presidents to offer
feedback and guidance. Council members and Council Liaisons may address a Board,
Commission or Corporation and express his or her individual opinion when that Board,
Commission or Corporation is addressing a matter that personally impacts the Council Liaison or
his or her personal property or interests; however, all other statements made by ~ouncil
members or Council liaisons shall reflect the opinion, advice or direction of a majority of the
Town Council.
Handbook for Elected and Appointed Officials Page 11 of 11
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Presentation of recommended changes
to the appointment process for boards
and commissions.
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Policy and Procedures
for the Appointments
Page 50 of 123
Appointment Process Review: The Town Council
will undertake an annual review and any
amendment of appointment procedures, with
a dedicated appointments Committee to
handle interviews and recommendations.
Additional changes include recommendations
for reviewing and handling potential board or
commission member removals
Page 51 of 123
Recruitment and Application: The annual
recruitment process will begin in June,
with specific criteria for applicants,
including citizenship, voter registration,
and residency requirements. Minor
changes include requiring applicants to
consent to a criminal history background
check.
Page 52 of 123
Selection and Term: No changes are
recommended for this element with
interviews and recommendations
conducted by the Appointments
Committee. Appointees fill two-year
staggered terms.
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Mid-Term Appointments and Removals: Procedures are included for filling mid-
term vacancies and reviewing and making recommendations for removing
members for misconduct or ineligibility.
This Photo by Unknown Author is licensed under CC BY
Page 54 of 123
Any person making an application
or reapplication for appointment to
any board, commission, or
committee must consent to a
criminal history check prior to
consideration. If an applicant is
found to have been convicted of a
qualifying felony or misdemeanor
within the last 10 years, or the
applicant is on parole or probation
for any of the listed offenses, the
applicant shall not be considered
for appointment.
Criminal History Check for Boards and
Commission Applicants
Page 55 of 123
Qualifying Felony or Misdemeanor
1.A felony or a misdemeanor classified as an offense against a person;
2.A felony or a misdemeanor classified as an offense against public administration or official
misconduct;
3.A felony or misdemeanor classified as an offense against public order or decency;
4.A felony or misdemeanor violation of any law intended to control the possession or distribution of
any controlled substance; or
5.Any offense involving moral turpitude. (Moral turpitude may be described as international
dishonesty, fraud, deceit, conduct contrary to justice, or otherwise immoral conduct.)
*Adding this requirement will require an ordinance amendment to Article 1.04 Boards, Commissions,
and Committees.
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Ad Hoc Committee/Task Force and
Subcommittees
❑Ad-hoc committee/Task Force must be created by resolution or ordinance adopted
by the Town Council.
❑The resolution/ordinance must provide the committee’s purpose, establish the
number of members, and create qualification and procedures.
❑The Mayor shall recommend the members subject to the approval of Town Council.
❑Any ad-hoc committee/task force created shall cease to exist upon the
accomplishment of the special purpose for which it was created or when abolished
by a majority vote of the Town Council.
❑Any existing ad-hoc committee/task force not created by resolution or ordinance
consistent with this section shall cease to exist upon adoption of the new ordinance.
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Section 1.02.033 under Budget and Development within
the Code of Ordinances provides for the establishment
of a Council Subcommittee for fiduciary oversight and
input on the budget at the first meeting in June each
year.
Consistent with the appointment process for other
Council subcommittees, it is recommended that the
appointment process be established as the Mayor shall
recommend members subject to the approval of the
Town Council.
Subcommittees
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Draft Boards and Commissions Manual
❑Overview of Trophy Club Municipal Government
❑Procedural Information
❑Ethics and Conflicts of Interest
❑Texas Open Meetings Act
❑Public Information Act
❑Listing of Boards and Commissions
Page 59 of 123
Council Rules and Procedures Manual
Town Charter, Section 3.11 Town Council shall determine its own rules of
procedure.
Current rules and procedures are scattered within policies, resolutions, and
the Code of Ordinances.
Propose to remove the rules from the Code and establish a Rules and
Procedures Manual to be adopted by resolution. The manual will document
accepted policies, guide council members, and provide key aspects of Town
Council activities to ensure consistency, transparency, and clarity.
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social media | email | website
Page 61 of 123
TOWN COUNCIL COMMUNICATION
MEETING DATE: June 10, 2024
FROM: Matt Cox, Director of Community Development
AGENDA ITEM: Consider authorizing the Town Manager to negotiate and execute a
professional service agreement with Teague Nall and Perkins, Inc. in a not-to-
exceed amount of $411,500 for civil engineering, easement acquisition,
bidding and construction administration, and construction inspection services
for the Inverness Drive Drainage Improvement Project. (Matt Cox, Community
Services Director)
BACKGROUND/SUMMARY: At the April 22, 2024 Town Council Meeting, staff presented
solution options to address flooding concerns on Inverness Drive. Over the past several years,
staff has tracked instances of high water and flooding within this area. Over the past decade,
there has been a persistent issue of high water pooling and residential property damage at 223
Inverness Drive.
In November 2022, the Town Council approved the initiation of a comprehensive drainage shed
study for the Inverness area. This study, undertaken by Teague Nall and Perkins (TnP) was
completed in 2024 with the findings presented to the Town Council showing three distinct
areas prone to flooding within the drainage study area. The general cause of overland flooding
on Inverness is due to insufficient storm drain and inlet capacity from Indian Creek Drive to the
outfall of the storm drain system at Trophy Club Country Club. Overland flow from Indian Creek
DRive and Hillcrest Court overwhelms the downstream storm drain system causing water to
leave the right-of-way.
On April 22, 2024, the Town Council directed staff to proceed expeditiously with the
completion of the Inverness Drive Drainage Improvement Project and to include storm drain
and inlet upsizing from Indian Creek to the outfall at Trophy Club Country Club. The estimated
cost of the project is $2.2 million. The attached professional services agreement engages TnP in
designing, bidding, and conducting construction administration and inspection services on
behalf of the Town of Trophy Club. Because this project is scheduled to be funded by American
Rescue Plan Act (ARPA) grant funds, the project must be committed by December 31, 2024 and
all expenditures made by December 31, 2026. In order to meet the December 31, 2024
commitment deadline, the Town must execute a contract with the construction firm. In order
to meet this deadline, staff the TnP have developed the following project schedule:
June 10, 2024 Engineering Agreement Approval
June 17-July 19, 2024 Survey and SUE Work
Page 62 of 123
July 22-November 1, 2024 Engineering Design
November 7-December 5, 2024 Project Let for Bid
December 5, 2024 Bid Opening
December 9-December 13, 2024 Bid Evaluation & Scoring
December 16, 2024 Special Town Council Meeting to Approve
Award
December 16-31, 2024 Completion of Contracts, Bonds, and Insurance
January 10, 2025 Pre-Construction Meeting
January 14, 2025 Neighborhood Meeting
January 21, 2025 Construction Start (270 Calendar Days)
October 21, 2025 Project Completion
November 21, 2025 Project Final Acceptance
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: The Town previously committed funding from the ARPA grant to assist local
municipalities to address stormwater infrastructure. The Town has $2.3 million committed to
address stormwater drainage available for the Inverness Drive Drainage Improvement Project.
If more detailed cost estimates in the future exceed the amount of ARPA funds available, the
Town has approximately $1.6 million in uncommitted funding in the Drainage Fund.
LEGAL REVIEW: Town Attorney Roggia has reviewed the professional services agreement as to
form and legality.
ATTACHMENTS:
1. Professional Services Agreement
ACTIONS/OPTIONS:
Staff recommends that the Town Council move to authorize the Town Manager to negotiate
and execute a professional service agreement with Teague Nall and Perkins, Inc. in a not-to-
exceed amount of $411,500 for civil engineering, easement acquisition, bidding and
construction administration, and construction inspection services for the Inverness Drive
Drainage Improvement Project.
Page 63 of 123
Project Name: Trophy Club – Inverness Drive Drainage Improvements
Client: Town of Trophy Club
TNP Project #: TRO24XXX
Date: 06.03.2024 Page 1
AUTHORIZATION AND AGREEMENT FOR PROFESSIONAL SERVICES
PROJECT NAME: Town of Trophy Club – Inverness Drainage Improvements
TNP PROJECT NUMBER: TRO 24XXX
CLIENT: Town of Trophy Club
Attn: Brandon Wright, Town Manager
ADDRESS: 1 Trophy Wood Drive
Trophy Club, TX 76262
In accordance with Texas Gov’t Code Ch. 2254, the Town of Trophy Club (the CLIENT) has determined
that the CONSULTANT is the most highly qualified provider of professional services for this project on
the basis of demonstrated competence and qualifications and hereby requests and authorizes Teague
Nall and Perkins, Inc., (the CONSULTANT) to perform the following services:
Article I
SCOPE: Provide Civil Engineering services associated with the drainage improvements for Inverness
Drive in Trophy Club, Texas, as generally shown on Attachment ‘D’.
A detailed scope of services is included as Attachment ‘A’ and is made a part hereto.
(
Article II
COMPENSATION shall be on the basis of the following:
A. Basic Services: The CONSULTANT’s compensation for Basic Services included in Attachment
‘A’ shall be based on a Fixed Fee:
• Easement Acquisition Support (assume 7 parcels) $ 84,000
o Negotiation Services ($5,500 per parcel) - $ 38,500
o Title Research & Recording Services ($1,500 per parcel) - $10,500
o Real Estate Appraisal Services ($5,000 per parcel) - $35,000
• Topo & Boundary Survey $ 35,000
• Easement Documents (7 @ $2,500 per parcel) $ 17,500
• SUE (Subsurface Utility Engineering) $ 25,000
• Civil Engineering $ 160,000
• Bidding & Construction Administration $ 40,000
• Construction Inspections $ 50,000
The above costs include expenses such as prints, plots, photocopies, plans or documents on CD,
DVD or memory devices, mileage, air fare, and lodging. Payment to the CONSULTANT shall be
due in monthly installments based on the CONSULTANT’s estimate of the percentage of the
contact completed during the billing period.
B. Special Services: Services required for the project, but not included in the fixed fee for Basic
Services, are considered Special Services. The CONSULTANT’s compensation for Special
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Project Name: Trophy Club – Inverness Drive Drainage Improvements
Client: Town of Trophy Club
TNP Project #: TRO24XXX
Date: 06.03.2024 Page 2
Services included in Attachment ‘A’ may be on a Fixed Fee, Hourly Reimbursable, or Unit Cost
basis. Refer to Attachment 'B-1’ Compensation Summary for the compensation basis for Special
Services.
Fixed Fee Compensation for Special Services: Payment shall be as described above for Basic
Services.
Hourly Reimbursable Compensation for Special Services: Payment shall be due in monthly
installments based on the amount of hours worked by each employee and the CONSULTANT’S
current standard rates presented in Attachment ‘B’ Standard Rate Schedule.
Unit Cost Compensation for Special Services: Payment to CONSULTANT shall determined by
the quantity (per Each or per LF) completed times the Unit Price reflected in Attachment ‘B-2’
Compensation Summary. Payment shall be due in monthly installments based on the quantity
completed during the billing period.
C. Additional Services: Any service provided by the CONSULTANT which is not specifically
described in the scope of work for this contract as defined above or delineated in an attachment
shall be considered additional services. Additional services shall include, but shall not be limited
to:
1) Platting preparation, zoning applications, zoning exhibits, preliminary utility plans,
drainage studies, and preliminary drainage plans;
2) Preparation of Encroachment or Access Agreements;
3) Environmental Assessments;
4) Franchise Utility Extensions or Relocations;
5) Water of Sanitary Sewer Studies;
6) Screen Wall Design;
7) Storm Water Pollution Prevention Plan (SWPPP);
8) TxDOT Turn Lanes (Acceleration or Deceleration);
9) LEED Certification Design;
10) Geotechnical Engineering;
11) Lift Station Design;
12) Electrical Engineering;
13) Onsite Water Storage Tank or Fire Pump System;
14) Permitting;
15) Construction staking
Upon written authorization from the CLIENT, the CONSULTANT will perform Additional Services.
Payment to the CONSULTANT for Additional Services shall be on a Fixed Fee or Hourly
Reimbursable basis, as described above.
D. Fees: Any permit fees, filing fees, or other fees related to the project and paid on behalf of the
client by the CONSULTANT to other entities shall be invoiced at 1.10 times actual cost.
E. Payment Terms: CLIENT shall be billed monthly for services rendered and pay promptly upon
receipt of invoice. Delays of transmitting payments to CONSULTANT more than 30 days from
invoice date may result in cessation of services until payment is received.
F. Compensation Summary: A summary of project fees is included in Attachment ‘B-1’.
G. Sample Invoice: The CONSULTANT’S invoice format will match the sample invoice included in
Attachment ‘B-2’.
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Project Name: Trophy Club – Inverness Drive Drainage Improvements
Client: Town of Trophy Club
TNP Project #: TRO24XXX
Date: 06.03.2024 Page 3
Article III
SCHEDULE: The proposed services shall begin within 10 working days of authorization to proceed. A project
schedule is included as Attachment 'C’ and made a part hereto.
Article IV
CONTRACT PROVISIONS: The document entitled “Contract Provisions” which are attached hereto is made a
part hereof. This Authorization of Professional Services, together with the Contract Provisions and all other
exhibits attached hereto are collectively referred to as the “Agreement”.
Please execute and return a signed copy for our files. Receipt of an executed copy of this contract will serve as
notice to proceed. No work shall commence on the project until CONSULTANT receives an executed copy of
this contract. By signing below, the signer warrants that he or she is authorized to execute binding contracts for
the CLIENT.
Approved by CLIENT: Accepted by CONSULTANT:
Town of Trophy Club Teague Nall and Perkins, Inc.
By: By: Michael Wilson
Title: Title: Principal
Date: Date: June 4, 2024
Firm Contact Information:
5237 N. Riverside Drive, Suite 100
Fort Worth, Texas 76137
817-336-5773
Contact: Mike Wilson
TNP Firm Registrations
Texas Board of Professional Engineers and Land Surveyors | Engineering Firm No. F-230 | Surveying Firm No. 10011600 | 10194381 | 10011601
Texas Board of Architectural Examiners Firm No. BR 2673
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Project Name: Trophy Club – Inverness Drive Drainage Improvements
Client: Town of Trophy Club
TNP Project #: TRO24XXX
Date: 06.03.2024 Page 4
CONTRACT PROVISIONS
1 AUTHORIZATION TO PROCEED
Signing this agreement shall be construed as authorization by CLIENT for CONSULTANT to proceed with the work, unless otherwise provided for in this agreement.
2. DIRECT EXPENSES
A fee equal to 3% of labor billings shall be included on each monthly invoice for prints, plots, photocopies, plans or documents on CD, DVD or memory devices,
and mileage. No individual or separate accounting of these items will be performed by TNP.
3. OUTSIDE SERVICES
When technical or professional services are furnished by an outside source, subject to reasonable, timely and substantive objections of CLIENT, an additional
amount shall be added to the cost of these services for CONSULTANT's administrative costs, as provided herein.
4. OPINION OF PROBABLE COST
In providing opinions of probable cost, the CLIENT understands that CONSULTANT has no control over costs or the price of labor, equipment, or materials, or
over the Contractor’s method of pricing, and that the opinions of probable cost provided to CLIENT are to be made on the basis of the design professional’s
qualifications and experience. CONSULTANT makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs.
5. PROFESSIONAL STANDARDS
The standard of care for all professional engineering and services performed or furnished by CONSULTANT shall be the care and skill ordinarily used by other
members of the relevant profession in the same circumstances and type of work in the State of Texas, and with the same level of professional and technical
soundness, accuracy, and adequacy of all design, drawings, specifications, and other work and materials furnished under this Authorization as other members
of the same profession in the same circumstances and location. CONSULTANT makes no other warranty, expressed or implied concerning the standard of care.
Subject to the above standards of care, CONSULTANT may use or rely upon design elements and information ordinarily or customarily furnished by others,
including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards.
6. TERMINATION
Either CLIENT or CONSULTANT may terminate this authorization by giving 10 days written notice to the other party. In such event CLIENT shall forthwith pay
CONSULTANT in full for all work previously authorized and performed prior to effective date of termination. If no notice of termination is given, relationships and
obligations created by this Authorization shall be terminated upon completion of all applicable requirements of this Authorization.
7. LEGAL EXPENSES
In the event legal action is brought by CLIENT or CONSULTANT against the other to enforce any of the obligations hereunder or arising out of any dispute
concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses as
may be set by the court.
8. PAYMENT TO CONSULTANT
Monthly invoices will be issued by CONSULTANT for all work performed under the terms of this agreement. Invoices are due and payable on receipt. If payment
is not received within 30 days of invoice date, all work on CLIENT’s project shall cease and all work products and documents shall be withheld until payment is
received by TNP. Time shall be added to the project schedule for any work stoppages resulting from CLIENT’s failure to render payment within 30 days of invoice
date. Interest at the rate of 1½% per month will be charged on all past-due amounts, unless not permitted by law, in which case, interest will be charged at the
highest amount permitted by law in accordance with Texas Gov’t Code Ch. 2251.
9. ADDITIONAL SERVICES
Services not specified as Basic Services in Scope and Attachment ‘A’ will be provided by CONSULTANT as Additional Services when authorized by the CLIENT.
Additional services will be paid for by CLIENT as indicated in Article II, Compensation.
10. SALES TAX
In accordance with the State Sales Tax Codes, certain surveying services are taxable. Applicable sales tax is not included in the fee set forth and will not be
added on or collected as the Client is tax exempt under Texas law.
11. SURVEYING SERVICES
In accordance with the Professional Land Surveying Practices Act of 1989, the CLIENT is informed that any complaints about surveying services may be forwarded
to the Texas Board of Professional Engineers and Land Surveyors, 1917 S. Interstate 35, Austin, Texas 78741, (512) 440-7723.
12. LANDSCAPE ARCHITECT SERVICES
The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as landscape architects
in Texas. The CLIENT is informed that any complaints about landscape architecture services be forwarded to the Texas Board of Architectural Examiners, Hobby
Building: 333 Guadalupe, Suite 2-350, Austin, Texas 78701, Telephone (512) 305-9000, Fax (512) 305-8900.
13. INVALIDITY CLAUSE
In case any one or more of the provisions contained in this Agreement shall be held illegal, the enforceability of the remaining provisions contained herein shall
not be impaired thereby.
14. PROJECT SITE SAFETY
CONSULTANT has no duty or responsibility for project site safety.
15. CONSTRUCTION MEANS AND METHODS AND JOBSITE SAFETY
Means and methods of construction and jobsite safety are the sole responsibility of the contractor. CONSULTANT shall not: (I) at any time supervise, direct,
control, or have authority over any contractor’s work, or (ii) be responsible for construction site safety, the means and methods of construction or the safety
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Project Name: Trophy Club – Inverness Drive Drainage Improvements
Client: Town of Trophy Club
TNP Project #: TRO24XXX
Date: 06.03.2024 Page 5
precautions a selected or used by any contractor. CONSULTANT shall not be responsible for any decisions, acts or omissions of any constructor.
16. OWNER RESPONSIBILITY
CLIENT shall be responsible for all requirements and instructions that it furnishes to CONSULTANT pursuant to this Agreement, and for the accuracy and
completeness of all programs, reports, data, and other information furnished by CLIENT to CONSULTANT pursuant to this Agreement CONSULTANT may use
and rely upon such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement, subject to any
express limitations or reservations applicable to the furnished items. CLIENT shall give prompt written notice to CONSULTANT whenever CLIENT observes or
otherwise becomes aware of: (i) any hazardous materials or matters that affect the scope or time of performance of CONSULTANT's services; or (ii) any defect
or nonconformance in CONSULTANT’s services or the contractor’s work; provided, however, this Section 16 shall not relieve CONSULTANT of its obligations
under Texas Business and Commerce Code Ch. 59 or any other law, and this Section 16 shall not be construed as a limitation or waiver of CLIENT under Texas
Civil Practice and Remedies Code Ch. 16.
17. SITE VISITS
In the event the Scope of work requires CONSULTANT to make site visits to observe contractor’s work on a Project, such visits and observations are not intended
to be exhaustive or to extend to every aspect of the Work or to involve detailed inspections of the work, but rather are to be limited to spot checking, selective
sampling, and similar methods of general observation of the work based on CONSULTANT’s exercise of professional judgment. CONSULTANT will have no
responsibility for any defects in the work not actually discovered by CONSULTANT during such site visits.
18. CHOICE OF LAW; VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without regard to applicable principles of conflicts of law.
Each of the parties hereto irrevocably consents to the exclusive jurisdiction of any federal or state court located within Denton County, Texas, in connection with
any matter based upon, arising out of, or contemplated in this Agreement.
19. DOCUMENTS
A. All documents prepared by CONSULTANT (“Documents”) are instruments of service, purchased with public funds and shall be become the property of the
Town upon payment whether or not the subject project (“Project”) is completed. CLIENT may make and retain copies of Documents for information and reference
in connection with the use of the Documents on the Project and for other municipal purposes related to this Agreement., and will have the right to use the Documents
only on the Project, extensions of the Project, and for other related uses, subject to receipt by CONSULTANT of full payment due and owing for all services relating
to preparation of the Documents, may not be used unless completed and not for any work or purpose not intended.
B. CLIENT and CONSULTANT may transmit, and shall accept, Project-related correspondence, Documents, text, data, drawings, information, and graphics, in
electronic media or digital format, either directly, or through access to a secure Project website, in accordance with a mutually agreeable protocol.
20. ATTORNEY FEES
In the event that any suit or action over the enforcement, interpretation or other matter emanating from this Agreement, the prevailing party in such dispute shall be
entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement,
including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses
of appeals.
21. MISCELLANEOUS
21.1. This Agreement is binding on and will inure to the benefit of each of the parties and their respective successors and legal representatives. Neither party
may assign this Agreement in whole or in part without the prior written consent of the other party. There are no third party beneficiaries. Any provision or part of
the Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid
and binding upon the parties. non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision
or of the remainder of this Agreement.
21.2. Insurance. The CONSULTANT shall effect and maintain insurance to protect itself from claims under workmen's compensation act's claims for damages
because of bodily injury, including personal injury; sickness or disease; death of any of its employees; and from claims for damages because of injury to or
destruction of tangible property, including loss of use resulting therefrom; and from claims arising out of the performance of professional services caused by any
errors, omissions, or negligent acts for which it is legally liable. The CONSULTANT shall provide to the TOWN a copy of the Certificate of Insurance naming
TOWN as an additional insured.
21.3. Indemnity. The CONSULTANT shall indemnify and hold harmless the CLIENT and its officers, agents, and employees from the liability of the CLIENT on
account of any injuries or damages received or sustained by any person or persons or property, including court costs and reasonable attorney fees incurred by
the CLIENT, proximately caused by the negligent acts or omissions of the CONSULTANT or its officers, agents, employees, or subcontractors in the execution,
operation, or performance of this Agreement. This indemnity provision shall be construed in compliance with Texas Local Gov’t Code Sec. 271.904, to the
greatest extent allowed by law. In the event of a conflict between this paragraph and Texas Local Gov’t Code Sec. 271.904, then Sec. 271.904 shall supersede
this Agreement and shall be made enforceable under this Agreement.
21.4. Additional Verifications. To the extent required by Texas law, the CONSULTANT verifies that: (1) It does not have a practice, policy, guidance, or directive
that discriminates against a firearm entity or firearm trade association, as defined in Texas Government Code § 2274.001, and that it will not during the term of
this Agreement discriminate against a firearm entity or firearm trade association; (2) It does not “boycott Israel” as that term is defined in Texas Government
Code § 808.001 and 2271.001, as amended, and it will not boycott Israel during the term of this Agreement; (3) It does not “boycott energy companies,” as
those terms are defined in Texas Government Code §§ 809.001 and 2276.001, and it will not boycott energy companies during the term of the Agreement; and
(4) It does not engage in scrutinized business operations with Sudan, Iran, or designated foreign terrorist organization as defined in Texas Government Code,
Chapter 2270; and (5) It is not owned by or the majority of its stock or other ownership interest is held or controlled by i) individuals who are citizens of China,
Iran, North Korea, Russia, or a designated country as defined by Texas Government Code § 2275.0101; or ii) a company or other entity, including a governmental
entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; nor is it
headquartered in China, Iran, North Korea, Russia, or a designated country.
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Client: Town of Trophy Club
TNP Project #: TRO24XXX
Date: 06.03.2024 Page 6
21.5. Non-collusion. The CONSULTANT represents and warrants that the CONSULTANT has not given, made, promised or paid, nor offered to give, make,
promise or pay any gift, bonus, commission, money or other consideration prohibited by law to any person as an inducement to obtain the services to be provided
to the CLIENT under this Agreement.
21.6. Governmental Functions. The Parties hereby acknowledge and agree that the CLIENT is entering into this Agreement pursuant to its governmental functions
and that nothing contained in this Agreement shall be construed as constituting a waiver of the CLIENT’s governmental immunity from suit or liability, which is
expressly reserved to the extent allowed by law. Notwithstanding anything to the contrary herein, the Parties hereby acknowledge and agree that to the extent
this Agreement is subject to the provisions of Subchapter I of Chapter 271, Texas local Government Code, as amended, the CLIENT’s immunity from suit is
waived only as set forth in Subchapter I of Chapter 271, Texas Local Government Code. Further, the parties agree that this Agreement is made subject to all
applicable provisions of the Texas Civil Practice and Remedies Code (“CPRC”), including but not limited to all defenses, limitations, and exceptions to the limited
waiver of immunity from liability provided in CPRC Chapter 101 and Chapter 75.
21.7. Adverse Interests. The CONSULTANT further agrees that during the course and scope of this Agreement, except with CLIENT’s knowledge and consent,
the CONSULTANT shall not represent any third party against the CLIENT in any claim, litigation, or other matter, or be retained to act as an expert witness for
any third party in any claim, litigation, or any other matter that is, or may be, adversarial to the CLIENT, as determined by the CLIENT.
21.8. Ethics Disclosure. To the extent required by law, the CONSULTANT represents that it has completed a Texas Ethics Commission (the “TEC”) form 1295
(“Form 1295”) generated by the TEC’s electronic filing application in accordance with the provisions of Texas Gov’t Code Ch. 2252.908 and the rules
promulgated by the TEC. The Parties agree that, with the exception of the information identifying the CLIENT and the contract identification number, the CLIENT
is not responsible for the information contained in the Form 1295. The information contained in the Form 1295 has been provided solely by the CONSULTANT
and the CLIENT has not verified such information.
21.9. Public Funding. This Agreement is subject to the appropriation of public funds by the CLIENT in its budget adopted for any fiscal year for the specific
purpose of making payments pursuant to this Agreement for that fiscal year. The obligation of the CLIENT pursuant to this Agreement in any fiscal year for which
this Agreement is in effect shall constitute a current expense of the CLIENT for that fiscal year only, and shall not constitute an indebtedness of the CLIENT of
any monies other than those lawfully appropriated in any fiscal year. In the event of non-appropriation of funds in any fiscal year to make payments pursuant to
this Agreement, this Agreement may be terminated without any liability to either party.
21.10. Public Information; Confidentiality. The CONSULTANT will maintain as confidential any documents or information provided by CLIENT and will not release
or publish same to any third-party without prior permission from CLIENT, unless compelled by law or order of a court or regulatory body of competent jurisdiction.
Such release will occur only after prior notice to the CLIENT. The requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to this
Agreement and the CONSULTANT agrees that this Agreement may be terminated if the CONSULTANT knowingly or intentionally fails to comply with a
requirement of that subchapter.
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Project Name: Trophy Club – Inverness Drive Drainage Improvements
Client: Town of Trophy Club
TNP Project #: TRO24XXX
Date: 06.04.2024 Page 7
ATTACHMENT 'A'
ITEMIZED SCOPE OF SERVICES
Teague Nall and Perkins, Inc., (TNP) shall render the following professional services necessary for the development of the project: BASIC SERVICES
RIGHT OF WAY ACQUISITION SUPPORT (7 PARCELS)
1. Negotiation Services
a. Utilize County Appraisal District information and other online tools to locate contact
information for the impacted landowners.
b. Analyze ownership & lien report to determine property vesting.
c. Contact the landowners to update them on the project and see if they are willing to donate
the needed easement for the project.
d. Obtain an Ownership and Lien report for each parcel.
e. Prepare the initial letter, instruments of conveyance, and any other documents required
or requested by the CLIENT, on CLIENT approved forms.
f. Develop an initial offer value based on estimated unit valuations from the Appraisal
District.
g. Once approved by the CLIENT, send an offer letter, and required brochures to each
property owner or the property owner’s designated representative through CMRRR
(Certified Mail Return Receipt Requested). Maintain follow-up contacts and secure the
necessary instruments upon acceptance of the offer for recording with the County.
h. Make at least four (4) diligent attempts to negotiate with each property owner after which
negotiations will be considered exhausted.
i. Prepare and maintain a negotiator’s report for each parcel.
j. Receive any counteroffers from the property owner. Evaluate all counters and submit to
and discuss them with the CLIENT’s Project Manager.
k. Have the executed easement document filed in the County deed records and provide the
CLIENT with the filed copy.
2. Title Research and Recording (combined)
a. Secure ownership and lien reports from the Title Company.
b. Any fees related to obtaining certified court documents and fees for recording the same,
shall be direct pass- through fees at the exact cost.
c. PROVIDER shall cause the recordation of instruments conveying property to the CLIENT.
The cost of recording and filing fees is incorporated into the fixed fee for this service.
3. Real Estate Appraisal Service (as needed)
a. Appraisers will provide advance notice of the date and time of their appraisal inspections
of the subject property to the CONSULTANT’S Project Manager.
b. Appraisers will prepare and conduct personal pre-appraisal contact with interest owners
for each parcel.
c. Appraisers will contact property owners or their designated representative to offer an
opportunity to accompany the appraiser on the appraiser’s inspection of the subject
property. Maintain a record of contact in the file.
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Client: Town of Trophy Club
TNP Project #: TRO24XXX
Date: 06.04.2024 Page 8
d. For an initial appraisal assignment, prepare an appraisal report for each parcel to be
acquired utilizing appropriate appraisal forms. These reports shall conform to policies and
procedures along with the Uniform Standards of Professional Appraisal Practices as
promulgated by the Appraisal Foundation.
e. CONSULTANT will review and recommend completed appraisals for approval by the
CLIENT Staff or assigns.
f. Should revisions or updates to appraisal reports be requested by the CLIENT,
CONSULTANT will submit associated fees to CLIENT for approval before authorizing
such revisions or updates.
TOPO AND BOUNDARY SURVEY
1. Establish horizontal control points as needed throughout the project. The basis of bearings
will be the Texas Coordinate System of 1983 (North Central Zone; NAD83 (2011) Epoch
2010).
2. Title research and deeds obtained of the subject property and the adjoining property owners.
3. A thorough investigation of boundary markers/corners will be made on the subject property
and the adjoining property.
4. A boundary analysis of the property will be made by a Registered Professional Land Surveyor.
5. Establish vertical benchmarks as needed throughout the project.
6. The visible improvements such as curbs, walks, fences, buildings, signs, etc. will be located
and shown on the survey.
7. Visible utilities such as power poles, manholes and valves etc. will be located.
Deliverable = Existing Property base and Topographic drawing in digital format showing 1foot contour
intervals and the items listed above for design purposes.
Data will be delivered in Texas Coordinate System of 1983 North Central Zone (4202).
EASEMENT DOCUMENTS (SEPARATE INSTRUMENT EXHIBITS)
1. Title research and deeds obtained of the subject property and the adjoining property owners.
2. A thorough investigation of boundary markers/corners will be made on the subject property
and the adjoining property.
3. A boundary analysis of the property will be made by a Registered Professional Land Surveyor.
4. 5/8” iron rods with plastic caps “TNP” will be set for property corners where or when necessary.
5. A metes and bounds description will be prepared, signed and sealed by a Registered
Professional Land Surveyor.
6. A survey sketch will be prepared and signed/sealed by a Registered Professional Land
Surveyor.
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Project Name: Trophy Club – Inverness Drive Drainage Improvements
Client: Town of Trophy Club
TNP Project #: TRO24XXX
Date: 06.04.2024 Page 9
Deliverable = Separate Instrument exhibit and Legal Description for filing.
Data will be delivered in Texas Coordinate System of 1983 North Central Zone (4202) scaled to Surface
with a combined scale factor supplied.
SUE (SUBSURFACE UTILITY ENGINEERING)
The following represents the general understanding between the Client and Engineer regarding the basis
and/or limitations under which these subsurface utility designating and/or locating services are provided:
1. These services will be conducted and provided in general compliance with CI/ASCE 38-22
(Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data). This
standard establishes and defines four quality levels for data collection that are briefly described
as:
▪ Quality Level D (QL-“D”) – Generally QL-“D” indicates information collected or derived from
research of existing records and/or oral discussions.
▪ Quality Level C ( QL-“C”) - Generally QL-“C” indicates information obtained by surveying and
plotting visible above-ground utility features and by using professional judgment in correlating
this information to QL-“D” information. Incorporates QL-“D” information. (Limited in this scope,
this scope is to cover underground utility crossings)
▪ Quality Level B (QL-“B”) – Generally QL-“B”, also known as “designating” indicates information
obtained through the application of appropriate surface geophysical methods to determine the
existence and approximate horizontal position of subsurface utilities. Quality level B data
should be reproducible by surface geophysics at any point of their depiction. This information
is surveyed to applicable tolerances defined by the project and reduced onto plan documents.
Incorporates QL-“D” & QL-“C” information.
▪ Quality Level A (QL-“A”) - Generally QL-“A”, also known as “locating”, indicates the precise
horizontal and vertical location of utilities obtained by the actual exposure (or verification of
previously exposed and surveyed utilities) and subsequent measurement of subsurface
utilities, at a specific point. Incorporates QL-“D” QL-“C” & QL-“B” information.
2. These services are for the purpose of aiding the design of the subject project by providing
information related to subsurface utilities in order to allow potential utility conflicts to be minimized
or eliminated.
3. The Engineer will provide services that meet the standard of care for existing subsurface utility
location and mapping as established in CI/ASCE 38-22 by exercising due diligence with regard
to records research and acquisition of utility information, including visually inspecting the work
area for evidence of utilities and reviewing the available utility record information from the various
utility owners. However, the Engineer makes no guarantee that all utilities can or will be identified
and shown as there still may be utilities within the project area that are undetectable or unknown.
4. Facilities that are discovered through field investigative efforts by the Engineer but no plan records
or ownership data can be identified will be hereafter referred to as unknown. As part of these
services, the Engineer will provide QL-C information in the project deliverables for all unknown
utilities that may be identified in the field investigation of the project. Designating and/or locating
unknown utilities will typically not be part of the initial scope of work but depending on the client’s
Page 72 of 123
Project Name: Trophy Club – Inverness Drive Drainage Improvements
Client: Town of Trophy Club
TNP Project #: TRO24XXX
Date: 06.04.2024 Page 10
needs can be added as additional work to address concerns of the project impacts of “unknown”
facilities.
5. Ground penetrating radar will not be used as a part of the field investigation of the project site
unless that use has been specifically addressed with the scope of services described herein.
6. Test holes are very limited in size or diameter (typically 12 inches by 12 inches, or approximately
144 square inches). Given this limited size, some subsurface conditions may prevent the
completion of test holes, including rock(s), groundwater, large roots, other utilities & structures,
etc. Test hole attempts which cannot be completed due to site conditions will be documented
and noted on the plans.
7. When test holes are used to locate utilities, the nominal pipe sizes of the targeted utility will be
documented and reported by using field measurements of the outside diameter (OD) of the pipe
(to the nearest inch). Based upon this field measured OD, the nominal pipe size will be
determined using typical pipe wall thickness data and other available data including record
information. Pipe diameters that are too large for measurement, encased or non-encased conduit
duct banks and other concrete encased systems which cannot be adequately measured will be
reported based upon the best available information.
8. The documented results produced by these services represent a professional opinion and
interpretation based upon record information and/or field evidence. These results may be affected
by a variety of existing site conditions, including soil content, depth of the utility, density of utility
clusters, and electro-magnetic characteristics of the targeted utilities. Also, the lack of and/or
poor condition of a trace wire for non-conductive materials such as PVC, HDPE, etc. in most
cases will make the successful detection and location of the utility unlikely.
9. The Engineer will apply professional judgment to determine which utilities require additional field
effort and/or methods to properly designate and/or locate, most commonly when record drawings
are not available. In such cases, the Engineer will provide a recommendation or request for
additional services to the Client. Among other methods, a detectable duct rodder or other
conductor may be introduced into the line to enable the designation of the utility. This method is
dependent upon approval by the utility owner, as well as access to, size and condition of the utility.
10. None of these services are intended to and should not be understood to relieve the Client or
others from the responsibility to comply with the statutory requirements related to notifying the
proper one-call system(s) in advance of any and all excavation, grading and/or construction within
the project site.
SCOPE OF BASIC SERVICES:
The scope of subsurface utility designating and/or locating services for this project is described below.
Survey services to tie utility crossing marks and/or identifiers placed during the subsurface utility
designating and/or locating effort will be provided in this contract.
1. Quality Level ‘B’ through ‘D’ Utility Information & Designation – TNP will provide utility
information, up to QL-“B”, for the following areas:
a. At all major road and railroad crossings along the proposed sewer route, a 100’ wide
area centered on the proposed sewer alignment. Crossings include King Rd, FM 552,
State Hwy 66, Huckaby Dr, Dallas Garland and Northeastern RR, and the Cypress
Creek Apartment main driveway
Page 73 of 123
Project Name: Trophy Club – Inverness Drive Drainage Improvements
Client: Town of Trophy Club
TNP Project #: TRO24XXX
Date: 06.04.2024 Page 11
This work includes:
a. Requesting utility records on all crossing utilities from the Client, public utilities and private
utility companies known to provide service within the project area, as well as other
sources, in an effort to develop a comprehensive inventory of utility systems likely to be
encountered. Record documents may include construction plans, system diagrams,
distribution maps, transmission maps, geographic information system data, as well as oral
descriptions of the existing systems. The depiction of utilities from records (QL-“C” or “D”)
will be based on thorough field and office activities and shall be based on the most reliable
indication of position available.
b. Visible surface features and appurtenances of subsurface utilities found within the
project site will also be evaluated. Using appropriate surface geophysical methods, TNP
will search for detectible indications of the location of anticipated subsurface utilities.
c. Marking all locations that can be validated, using paint, flags or other devices.
d. Preparing documentation of the utilities encountered and marked, including their general
location, orientation, type & size, if known.
e. Based on ASCE Standard 38-22 standards, a 2d CADD file and PDF depicting the
subsurface utilities designated, signed and sealed by a professional engineer in the state
of Texas.
b) Quality Level A Utility Test Hole – TNP will excavate by air-vacuum or other minimally invasive
methods up to three (3) test holes, at locations yet to be determined within the project limits in
order to identify the exact horizontal & vertical locations of crucial utility. The location of the tests
hole will be outside of any paved area. Also, if locating the end of casing is requested the cost
will be based on an hourly charge based on the fee schedule below. This work includes:
a. Providing all necessary personnel, equipment, supplies, management and supervision
needed for the test hole excavation, backfill and restoration.
b. Coordinating with Client, property owner, and/or permitting authorities, as needed and
obtaining any required permits, permission or rights-of-entry with help from The Client
c. Contacting the appropriate one-call system to request utilities to be marked on-the-ground
prior to beginning excavation of test hole.
d. Providing and utilizing appropriate traffic control devices, as necessary, in conformance
with the MUTCD, including any state or locally adopted supplements. (if closures or
additional traffic control equipment is needed other than cones additional direct expenses
will be charged)
e. Preparing documentation for each test hole attempted. This documentation will include
the horizontal and vertical position of the targeted utility or structure, a general description
of the target utility, with condition, material and general orientation noted, a generalized
description of the material encountered in the test hole, and any other field observations
noted during the excavation.
CIVIL ENGINEERING
CONSULTANT will use the drainage study previously performed as the basis of the design.
CONSULTANT will coordinate the work as necessary with the Town and provide periodic updates as
well as meet with Town staff to review scope, estimates and schedules.
Page 74 of 123
Project Name: Trophy Club – Inverness Drive Drainage Improvements
Client: Town of Trophy Club
TNP Project #: TRO24XXX
Date: 06.04.2024 Page 12
Provide Civil Engineering for the drainage improvements as shown on Attachment ‘D’.
Scope of work shall include the following:
• Drainage Plans and Profiles
• Project Details
• Project Contracts per Town Standards
BIDDING AND CONSTRUCTION ADMINISTRATION
1. Once plans are approved to move forward to bidding, CONSULTANT will reproduce full detailed
contract documents to complete the bid package for distribution to prospective bidders.
CONSULTANT will represent the plans and answer questions to perspective bidders and issue
addendums as necessary. CONSULTANT will represent the Town at the bid opening to receive
and open bids and prepare a bid tabulation of the bids. CONSULTANT will review all bids and
evaluate the apparent low bidder and make recommendation in writing to the Town Council as
well as present the bid to the Council in public hearing as necessary.
2. CONSULTANT will prepare the contract documents for execution by the Owner and approved
Contractor. CONSULTANT will conduct a pre-construction meeting to initiate the construction.
CONSULTANT will attend and oversee periodic job site meetings to oversee the construction of
the project. It is anticipated that the project will take approximately 10-months to complete.
3. For purposes of this agreement, the scope will include bi-weekly Owner-Engineer-Contractor
(OEC) meetings which will be up to 18 meetings. In addition to the site meetings, the Design
Team will review all Shop Drawings, respond to RFI’s and review and make payment
recommendations to the Owner.
4. Once the project is substantially complete, a punch list will be developed to identify any
noncompliant or incomplete work by the contractor and to assist in the final completion of the
project and final payment. An additional follow up to any outstanding items or issues will be
provided until Final Acceptance of the work is given to the Contractor.
CONSTRUCTION INSPECTION
The project scope will be to provide Construction Inspection for all public improvements – paving and
storm drainage improvements. Any water/sewer improvements to be inspected by the Town MUD.
CONSULTANT will provide an onsite inspector as necessary to review, oversee and inspect all public
improvements, including subgrade, lime stabilization, pre-installation of pavement that would include
review placement of forms and reinforcing steel as well as inspection of placement and finishing of
concrete pavements, and installation of storm drainage infrastructure.
The inspection will be based plans and specifications prepared by the CONSULTANT, the engineer of
record and under the oversite of CONSULTANT who is providing construction management services.
Inspector will maintain inspection reports and provide feedback and direction to the contractor and Town
as necessary to make any adjustments during these construction activities.
Page 75 of 123
Project Name: Trophy Club – Inverness Drive Drainage Improvements
Client: Town of Trophy Club
TNP Project #: TRO24XXX
Date: 06.04.2024 Page 13
ADDITIONAL SERVICES (NOT INCLUDED)
Title and Closing Services (combined), if requested by the CLIENT
a. Secure preliminary title commitment or preliminary title search, and 5-year sales data from Title
Company that will be providing title insurance.
b. Secure title insurance for all parcels acquired, ensuring acceptable title to the CLIENT. Written
approval by the CLIENT is required for any exception.
c. The curative services necessary to provide clear title to the CLIENT is the responsibility of
CONSULTANT.
d. CONSULTANT provides closing services in conjunction with the Title Company.
e. Any fee related to obtaining certified court documents and fees for recording the same, which are
not collected at the closing of the parcel, shall be direct pass-through fees at the exact cost.
f. CONSULTANT shall cause the recordation of all instruments conveying property to the CLIENT.
The cost of the recording fees and filing fees are paid by CLIENT and are not included in the
CONSULTANT’s negotiated fee schedule.
Page 76 of 123
Project Name: Trophy Club – Inverness Drive Drainage Improvements
Client: Town of Trophy Club
TNP Project #: TRO24XXX
Date: 06.04.2024 Page 14
ATTACHMENT ‘B’
STANDARD RATE SCHEDULE
2024 Standard Hourly Rates
Effective January 1, 2024 to December 31, 2024
Hourly
Engineering/Landscape Architecture/ROW Billing
Rate
Principal or Director $310.00
Team Leader $285.00
Senior Project Manager $280.00
Project Manager $240.00
Senior Engineer $290.00
Project Engineer $190.00
Senior Structural Engineer $295.00
Structural Engineer $210.00
Engineer III/IV $170.00
Engineer I/II $145.00
Senior Landscape Architect/Planner $290.00
Landscape Architect / Planner $210.00
Landscape Designer $150.00
Senior Designer $195.00
Designer $170.00
Senior CAD Technician $165.00
CAD Technician $130.00
IT Technician $190.00
Clerical $90.00
ROW Manager $265.00
Senior ROW Agent $195.00
ROW Agent $155.00
Relocation Agent $195.00
ROW Tech $110.00
Intern $90.00
Hourly
Surveying Billing
Rate
Survey Manager $310.00
Registered Professional Land Surveyor (RPLS) $265.00
Field Coordinator $160.00
S.I.T. or Senior Survey Technician $155.00
Survey Technician $140.00
1-Person Field Crew w/Equipment** $170.00
2-Person Field Crew w/Equipment** $200.00
3-Person Field Crew w/Equipment** $225.00
4-Person Field Crew w/Equipment** $245.00
Flagger $65.00
Abstractor (Property Deed Research) $105.00
Small Unmanned Aerial Systems (sUAS) Equipment & Crew $475.00
Terrestrial Scanning Equipment & Crew $290.00
Page 77 of 123
Project Name: Trophy Club – Inverness Drive Drainage Improvements
Client: Town of Trophy Club
TNP Project #: TRO24XXX
Date: 06.04.2024 Page 15
Hourly
Utility Management, Utility Coordination, and SUE Billing
Rate
Senior Utility Coordinator $190.00
Utility Coordinator $170.00
SUE Field Manager $190.00
Sr. Utility Location Specialist $180.00
Utility Location Specialist $135.00
1-Person Designator Crew w/Equipment*** $165.00
2-Person Designator Crew w/Equipment*** $220.00
2-Person Vac Excavator Crew w/Equip (Exposing Utility Only) $335.00 (4 hr. min.)
Core Drill (equipment only) $830.00 per day
SUE QL-A Test Hole (0 < 8 ft)**** $2,400.00 each
SUE QL-A Test Hole (> 8 < 15 ft)**** $2,900.00 each
Hourly
Construction Management, Construction Engineering and Inspection (CEI) Billing
Rate
Construction Inspector I/II $120.00
Construction Inspector III $140.00
Senior Construction Inspector $160.00
Construction Manager $235.00
Senior Construction Manager $280.00
Direct Cost Reimbursables
A fee equal to 3% of labor billings shall be included on each monthly invoice for prints, plots,
photocopies, plans or documents on CD, DVD or memory devices, and mileage. No individual or
separate accounting of these items will be performed by TNP.
Any permit fees, filing fees, or other fees related to the project and paid on behalf of the client
by TNP to other entities shall be invoiced at 1.10 times actual cost.
Notes:
All subcontracted and outsourced services shall be billed at rates comparable to TNP’s billing rates above or cost times a
multiplier of 1.10.
* Rates shown are for 2024 and are subject to change in subsequent years.
** Survey equipment may include truck, ATV, Robotic Total Station, GPS Units and Digital Level.
*** Includes crew labor, vehicle costs, and field supplies.
Page 78 of 123
Project Name: Trophy Club – Inverness Drive Drainage Improvements
Client: Town of Trophy Club
TNP Project #: TRO24XXX
Date: 06.04.2024 Page 16
ATTACHMENT 'B-1'
COMPENSATION SUMMARY
SERVICE FEE FEE BASIS
BASIC SERVICES
ROW Acquisition Support (7 parcels)
Negotiation Services $38,500 Per Each
Title Research & Recording Services $10,500 Per Each
Real Estate Appraisal Services $35,000 Per Each
Topo & Boundary Survey $35,000 Fixed Fee
Easement Documents $17,500 Per Each
SUE (Subsurface Utility Engineering) $25,000 Fixed Fee
Civil Engineering $160,000 Fixed Fee
Bidding & Construction Administration $40,000 Fixed Fee
Construction Inspections $50,000 Fixed Fee
TOTAL FEE $411,500
Page 79 of 123
Project Name: Trophy Club – Inverness Drive Drainage Improvements
Client: Town of Trophy Club
TNP Project #: TRO24XXX
Date: 06.04.2024 Page 17
ATTACHMENT 'B-2'
SAMPLE INVOICE
Teague, Nall & Perkins, Inc.
5237 N. Riverside Drive
Suite 100
Fort Worth, TX 76137
817-336-5773
Client Contact
Client
Address
Invoice number
Date
Professional services rendered for the month ending November 30,2022
Description
Contract
Amount
Percent
Complete
Total
Billed
Prior
Billed
Current
Billed
Easement Acquisition Support (7 parcels)
Negotiation Services
Title Research & Recording Services
Real Estate Appraisal Services
Topo & Boundary Survey
Easement Documents
SUE
Civil Engineering
Bidding & Construction Administration
Construction Inspections
Total
Invoice total
Please show project number on all payments of this statement
Page 80 of 123
Project Name: Trophy Club – Inverness Drive Drainage Improvements
Client: Town of Trophy Club
TNP Project #: TRO24XXX
Date: 06.04.2024 Page 18
ATTACHMENT 'C'
PROJECT SCHEDULE
The CONSULTANT shall endeavor to accomplish the work in accordance with the project schedule
provided by the Owner and/or Architect.
Page 81 of 123
Project Name: Trophy Club – Inverness Drive Drainage Improvements
Client: Town of Trophy Club
TNP Project #: TRO24XXX
Date: 06.04.2024 Page 19
ATTACHMENT 'D'
Inverness Drive Drainage
(red lines represent existing storm drain infrastructure, yellow lines represents the new storm drain
improvements)
Page 82 of 123
TOWN COUNCIL COMMUNICATION
MEETING DATE: June 10, 2024
FROM: Matt Cox, Director of Community Development
AGENDA ITEM: Consider a developer agreement between the Town of Trophy Club and
Wasatch Properties, LLC for the Triple Crown Estates and authorizing the
Mayor or her designee to execute same on behalf of the Town. (Matt Cox,
Community Development Director)
BACKGROUND/SUMMARY: On January 8, 2024, Council approved the Final Plat for the Triple
Crown Estates consisting of six (6) residential lots and one (1) open space lot with a public
right-of-way street with a cul-de-sac serving each lot, containing approximately 2.992 acres of
land. The developer’s agreement was not presented and approved with the Final Plat due to
staff, legal review, consultations, and revisions. As a result, this developer’s agreement is now
ready for consideration and approval, allowing Wasatch Properties, LLC to commence
infrastructure construction at Triple Crown Estates.
As per subdivision Ordinance 10.02.201 requirements, a developer’s agreement shall be signed
by the Mayor after engineering plans and cost estimates have been approved. Wasatch
Properties, LLC is responsible for the public improvements principally listed in Chapter 10,
Article 10.02 Division 4.
1. Water Distribution System
2. Sanitary Sewer System
3. Drainage and Storm Sewer
4. Street Construction
A homeowner’s association (HOA) will be created with the filing of the Final Plat that will own
and maintain Lot 7X. Additionally, the satisfaction of Parkland Dedication shall be paid prior to
construction beginning and the issuance of building permits.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: N/A
LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the developer's agreement as to
form and legality.
Page 83 of 123
ATTACHMENTS:
1. Triple Crown Estates Developers Agreement - FINAL
ACTIONS/OPTIONS:
Staff recommends that the Town Council move to approve the developer's agreement between
the Town of Trophy Club and Wasatch Properties, LLC for the Triple Crown Estates and
authorizing the Mayor or her designee to execute same on behalf of the Town.
Page 84 of 123
Page 1 of 10
THE TRIPLE CROWN ESTATES DEVELOPMENT CONTRACT
FOR
PUBLIC IMPROVEMENTS
WHEREAS, WASATCH PROPERTIES (the “Developer”), whose business address is 2008
Wood Thrush Court, Westlake, TX 76262, is the developer of real property located in the limits of the
Town of Trophy Club, being described as THE TRIPLE CROWN ESTATES SUBDIVISION (the
“Development”), an unrecorded subdivision to the Town of Trophy Club, Texas, being further identified
on Exhibit A attached hereto; and
WHEREAS, Developer wishes to enter into this Development Contract for Public
Improvements (the “Agreement”) with the Town of Trophy Club, a Texas home-rule municipality (the
“Town”) to provide for the construction of certain public improvements (the “Public Improvements”),
as described in Exhibit B attached hereto and made a part hereof by reference, which, among other
things, are necessitated by and will serve the Development; and
WHEREAS, this Agreement is entered into pursuant to Chapter 212 of the Texas Local
Government Code, and Town Code of Ordinances Chapter 10 - Subdivision Regulation, and the Public
Improvements are necessary to serve the Development and are roughly proportional to the benefits
received and burdens imposed by the Development; and
WHEREAS, this Agreement is required to ensure that the Public Improvements are
constructed in accordance with the Town’s standard specifications for public works projects, applicable
ordinances and design criteria manuals (“Standard Specifications”), and the plans and specifications
prepared by Developer’s engineer, Vasquez Engineering, LLC (“Developer’s Engineer”) dated May
2023, which were approved by the Town and are on file in the office of: Teague, Nall & Perkins, Tom
Rutledge, Town Engineer, 100 Macon Street, Fort Worth, Texas 76102 (“Town Engineer”), which may
be amended with the written approval of the Town Engineer or their designee (the “Project
Specifications”), such Standard Specifications and Project Specifications being incorporated hereby by
reference and herein called collectively the “Plans and Specifications”; and
WHEREAS, the Developer understands and agrees that it is responsible for and has retained
at its sole expense, the Developer’s Engineer to design the Public Improvements in accordance with the
Plans and Specifications, taking into consideration the specific site conditions, including differing site
conditions, that may impact the Public Improvements; and
WHEREAS, the Developer shall provide for the construction of the Public Improvements by
and through the Developer’s contractor North Texas Contracting Inc, (the “Contractor”) whose address
is 4999 Keller Haslet Rd, Keller, TX 76248, a construction contractor experienced in the construction
of improvements similar to the Public Improvements. The Contractor shall 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 contract documents to the Town and to participate in pre-construction meetings with
the Town and all Contractors; and
WHEREAS, Developer and Contractor recognize that the Town has an interest in ensuring
that the Public Improvements, which will, upon completion and acceptance by the Town, become public
Page 85 of 123
Page 2 of 10
property, are properly constructed in accordance with the Plans and Specifications and that full payment
by Developer is provided therefore;
NOW, THEREFORE, the Developer, Contractor, and the Town (the “Parties”) for and in
consideration of the recitals above and their mutual promises and covenants contained herein agree as
follows:
1. Covenants of Developer and Contractor:
a. Construction:Developer and Contractor shall construct the Public
Improvements in accordance with the Plans and Specifications and complete
the Public Improvements on or before eighteen (18) months from the final
date of execution of this Agreement. Developer shall be responsible for all
monies due to the Contractor for construction of the Public Improvements. In
no event shall the Town be responsible for payment of any of the expenses or
costs to construct the Public Improvements. The Town Engineer in its
discretion may require the Developer to provide security for payments to the
Contractor, which may be in the form of a cash deposit with the Town, an
unconditional and irrevocable letter of credit, a dedicated construction
account with a lending institution approved by the Town Engineer, or other
security that the Town Engineer in their discretion deems adequate to ensure
that the Developer does not default in its payment obligations to the
Contractor.
b. Authority of Town Engineer, Inspections, Tests and Orders, Developer and
Contractor Warranty. All work on the Public Improvements shall be
performed in a good and workmanlike manner and to the satisfaction of the
Town Engineer or its representative. The Town Engineer shall decide all
questions, which arise as to the quality and acceptability of materials
furnished, work performed, and the interpretation of the Plans and
Specifications and may reject any work not performed in accordance with the
Plans and Specifications. The Contractor, its surety on the performance bond
required herein, and the Developer, warrant, that the Public Improvements
will be free from defects in materials and workmanship and that they will pay
to remedy same for a period of two years after the completion of the Public
Improvements and final acceptance by the Town. This warranty shall not
constitute a limitation on the duty to remedy latent defects in construction that
were not known at the time of final acceptance or within said two-year
warranty period. The Developer and Contractor shall furnish the Town
Engineer or their representative with every reasonable facility for ascertaining
whether or not the work performed was in accordance with the Plans and
Specifications applicable thereto. Any work done, or materials used without
suitable inspection by the Town may be ordered removed and replaced at
Contractor’s expense. The Town Engineer or its designee shall perform
periodic inspections of the work and shall perform a final inspection prior to
final acceptance by the Town and an inspection thirty (30) days prior to the
expiration of two years from the date of final completion, inspection, and
acceptance of the work by the Town. Upon failure of the Contractor to allow
for inspection, to test materials furnished, to satisfactorily repair, remove or
replace, if so directed, rejected, unauthorized or condemned work or
materials, or to follow any other request or order of the Town Engineer or its
representative, the Town Engineer shall notify the Developer of such failure
and may suspend inspections of such work until such failure is remedied. If
such failure is not remedied to the satisfaction of the Town Engineer, the
Town shall have no obligation under this agreement to approve or accept the
Public Improvements and the Town may withhold, suspend or revoke any
Page 86 of 123
Page 3 of 10
permits or other approvals for the Development until such matter is remedied
to the satisfaction of the Town Engineer.
c. Insurance. Contractor shall provide insurance in form and substance in
accordance with the Town’s standard insurance requirements for public works
projects, which are on file in the Town and/or in the Office of the Town
Engineer and which are incorporated herein by reference.
d. Means and Methods of Construction. The means and methods of construction
shall be such as Contractor may choose; subject, however, to the Town’s right
to reject the Public Improvements for which the means or method of
constructions does not, in the judgment of the Town Engineer, assure that the
Public Improvements are constructed in accordance with Plans and
Specifications.
e. Books and Records. All of the Developer’s and the Contractor’s books and
other records related to the construction of the Public Improvements shall be
available for inspection by the Town.
f. Performance, Payment, and Maintenance Bonds. Prior to the execution of this
agreement, the commencement of construction, or the issuance of any
building permits, Developer or Contractor shall present to the Town
performance bond(s), payment bond(s), and maintenance bond(s) that meet
the requirements of Chapter 2253 of the Texas Government Code. Each bond
shall be in the full amount of the costs to construct the Public Improvements,
as estimated by the Developer’s engineer and approved by the Town Engineer,
in favor of the Town ensuring completion of the Public Improvements in
accordance with the Plans and Specifications and warranting against defects
in materials and workmanship for a period of two years from the date of final
acceptance by the Town. The Contractor shall provide a written estimate of
the costs to construct the Public Improvements. The estimated Public
Improvement construction costs shall be included in Exhibit B. The
performance bond(s), payment bond(s), and maintenance bond(s) shall be
executed by a corporate surety authorized to do business in Texas in
accordance with Chapter 2253 of the Texas Government Code, shall be on the
Town’s standard form or such other form approved by the Town, and shall
contain a local resident agent for service of process. The Developer or
Contractor may be a co-obligee on the performance bond with regard to the
Contract’s obligations.
g. Payment Bonds.The Developer or Contractor shall execute a payment bond
in the full amount of the costs to construct the Public Improvements in favor
of the Town insuring against claims from suppliers and subcontractors. The
payment bond shall be executed by a corporate surety authorized to do
business in Texas in accordance with Chapter 2253 of the Texas Government
Code, shall be on the Town’s standard form or such other form approved by
the Town, and shall contain a local resident agent for service of process. The
Developer or Contractor may be a co-obligee on the payment bond.
h. Retainage – Final Payments. As security for the faithful completion of the
Public Improvements, Contractor and Developer agree that the Developer
shall, retain ten (10) percent of the total dollar amount of the contract price
until after final approval or acceptance of the Public Improvements by the
Town. The Developer shall thereafter pay the Contractor the retainage, only
after Contractor has furnished to the Developer satisfactory evidence
including an affidavit that all indebtedness has been paid, that all indebtedness
Page 87 of 123
Page 4 of 10
connected with the work and all sums of money due for labor, materials,
apparatus, fixtures, or machinery furnished for all and used in the performance
of the work have been paid or otherwise satisfied. In addition, Contractor
shall provide Developer with a consent to final payment from the payment
bond surety.
i. Encumbrances. Upon final completion, inspection, and acceptance of the
Public Improvements by the Town, the Public Improvements shall become
the property of the Town free and clear of all liens, claims, charges, or
encumbrances of any kind. If, after acceptance of the Public Improvements,
any claim, lien, charge or encumbrance is made, or found to exist, against the
Public Improvements, or land dedicated to the Town, to which they are
affixed, the Developer and Contractor shall upon notice by the Town promptly
cause such claim, lien, charge or encumbrance to be satisfied and released or
promptly post a bond with the Town in the amount of such claim, liens, charge
or encumbrance, in favor of the Town, to ensure payment of such claim, lien,
charge or encumbrance.
j.INDEMNIFICATION. THE DEVELOPER AND
CONTRACTOR SHALL AND HEREBY DO INDEMNIFY,
DEFEND AND HOLD HARMLESS, THE TOWN, ITS
OFFICERS, AGENTS AND EMPLOYEES FROM ALL
SUITS, ACTIONS OR CLAIMS OF ANY CHARACTER,
NAME AND DESCRIPTION BROUGHT FOR OR ON
ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED
OR SUSTAINED BY ANY PERSON, PERSONS OR
PROPERTY ON ACCOUNT OF THE OPERATIONS OF THE
CONTRACTOR, THEIR AGENTS, EMPLOYEES OR
SUBCONTRACTORS; OR ON ACCOUNT OF ANY
NEGLIGENT ACT OR FAULT OF THE CONTRACTOR,
THEIR AGENTS, EMPLOYEES OR SUBCONTRACTORS
IN CONSTRUCTION OF THE IMPROVEMENTS; AND
SHALL PAY ANY JUDGMENT, WITH COSTS, WHICH
MAY BE OBTAINED AGAINST THE TOWN GROWING
OUT OF SUCH INJURY OR DAMAGE.
k. Approval by the Town Engineer of any plans, designs or specifications
submitted by Developer pursuant to this Agreement shall not constitute or be
deemed to be a release of the responsibility and liability of the Developer, or
the Developer’s Engineer, employees, officers or agents with respect to the
construction of any of the Development’s improvements or facilities, or for
the accuracy and competency of the Development’s improvements and
facilities design and specifications prepared by the Developer’s 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.
l. The Developer and Contractor shall comply with all local, state, and federal
laws, rules, and regulations, relating to drainage, flood control, runoff,
erosion, pollution, hazardous materials, waste, sedimentation, and any other
control and mitigation requirements related thereto. The Developer and
Contractor are responsible for all liability for drainage to adjacent and
downstream property, but only to the extent directly caused by the design and
construction of the Public Improvements contemplated by this Agreement.
Page 88 of 123
Page 5 of 10
m. This 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 Agreement, the Town’s
Subdivision regulations, Town Ordinances, and State and Federal Law, shall
be construed in favor of the Town’s Ordinances as allowed by law, subject to
Chapter 245 of the Local Government Code. To the extent any such conflict
exists, only that portion of the Agreement 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.
n. 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 any rights, remedies, or privilege 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 forfeiture of any rights, remedies, or privileges under this Agreement
by the Town.
2. Agreement Controlling. The provisions of this Agreement shall control over any
conflicting provision of any contract between the Developer and Contractor, and any
other entity as it relates to the construction of the Public Improvements.
3. Covenants of Town of Trophy Club. Upon proper final completion and inspection of
the Public Improvements in accordance with this Agreement, the Town agrees to
accept the dedication of the Public Improvements.
4. Nexus and Rough Proportionality. The Developer acknowledges and agrees that there
is a reasonable nexus between the demands created by the Development and the Public
Improvements, and that the costs associated with the construction and dedication of
land for the Public Improvements is roughly proportional to the benefits received and
the burdens imposed by the Development. The Developer further acknowledges and
agrees that all prerequisites to such a determination of rough proportionality have been
met, and that any costs incurred relative to the conveyance, dedication, construction
costs and other payments, if any, for the Public Improvements are related both in nature
and extent to the impact of the Development. The Developer shall indemnify and hold
the Town harmless against any claim by it or others claiming through it, that the
required Public Improvements and associated dedication of land are unlawful
exactions pursuant to the indemnification provision of this Agreement. In addition to
the foregoing sentence, the Developer waives and releases all claims against the Town
related to any and all rough proportionality and individual determination requirements
mandated by Section 212.904, Texas Local Gov’t Code, or the Texas or U.S.
Constitutions as those claims relate to any theory of rough proportionality.
5. Venue and Governing Law. The Parties herein agree that this Agreement shall be
enforceable in Denton County, Texas, without regard to conflict of laws principles,
and if legal action is necessary in connection therewith, exclusive venue shall lie in
Denton County, Texas. The terms and provisions of this Agreement shall be construed
in accordance with the laws and court decisions of the State of Texas.
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Page 6 of 10
6. Successor and Assigns. This Agreement shall be binding upon and inure to the
benefit of the parties, hereto, their respective successors and assigns. This Agreement
may not be assigned without written consent of the Parties.
7. Legal Construction. In case any one or more of the provisions contained in the
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 of the Agreement, and the Agreement shall be considered as if such invalid,
illegal, or unenforceable provision had never been contained in the Agreement.
8. Counterparts. The Agreement may be executed in any number of counterparts, each
of which shall be deemed an original and constitute one and the same instrument.
9. Texas Public Information Act. Unless otherwise provided by law, all information,
documents, and communications relating to the Agreement shall be subject to the
Texas Public Information Act (“Act”) and any opinion of the Texas Attorney General
or a court of competent jurisdiction relating to the Act. The requirements of Subchapter
J, Chapter 552, Government Code, may apply to this Agreement and each party agrees
that this Agreement may be terminated with regard to such party if such party
knowingly or intentionally fails to comply with a requirement of that subchapter, if
applicable.
10. Governmental Function(s) and Immunity. The parties hereby acknowledge and agree
that the Town is entering into the Agreement in the performance of and pursuant to its
governmental functions for the health, safety, and welfare of the citizens of the Town,
the general public, and the State of Texas, and nothing contained in the Agreement
shall be construed as constituting a waiver of the Town’s governmental immunity from
suit or liability, which is expressly reserved to the fullest extent allowed by law.
11. Waiver of Attorney’s Fees. The parties expressly covenant and agree that in the event
of any litigation arising between the parties to this Agreement, each party shall be
solely responsible for payment of its attorneys (except as required pursuant to the
indemnity obligations in this Agreement) and that in no event shall either party be
responsible for the other party’s attorneys’ fees regardless of the outcome of the
litigation.
12. Additional Verifications. To the extent required by Texas law, the Developer and
Contractor each verify that: (1) It does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association, as
defined in Texas Government Code § 2274.001, and that it will not during the term of
the contract discriminate against a firearm entity or firearm trade association; (2) It
does not “boycott Israel” as that term is defined in Texas Government Code Ch. 2271
and § 808.001 and it will not boycott Israel during the term of this Agreement; (3) It
does not “boycott energy companies,” as those terms are defined in Texas Government
Code §§ 809.001 and 2274.001, and it will not boycott energy companies during the
term of the Agreement; (4) It does not engage in scrutinized business operations with
Sudan, Iran, or designated foreign terrorist organization as defined in Texas
Government Code, Chapter 2270; and (5) It is not owned by or the majority of its stock
or other ownership interest is held or controlled by i) individuals who are citizens of
China, Iran, North Korea, Russia, or a designated country as defined by Texas
Government Code § 2275.0101; or ii) a company or other entity, including a
governmental entity, that is owned or controlled by citizens of or is directly controlled
by the government of China, Iran, North Korea, Russia, or a designated country; nor
is it headquartered in China, Iran, North Korea, Russia, or a designated country.
Page 90 of 123
Page 7 of 10
13. Ethics Disclosure. To the extent required by law, the Developer and Contractor each
represent that it has completed a Texas Ethics Commission (the “TEC”) form 1295
(“Form 1295”) generated by the TEC’s electronic filing application in accordance with
the provisions of Texas Gov’t Code Ch. 2252.908 and the rules promulgated by the
TEC. The parties agree that, with the exception of the information identifying the
Town and the contract identification number, the Town is not responsible for the
information contained in the Form 1295.
Executed this, _______________day of __________________________, 2024.
DEVELOPER:
NAME: ______________________________________
BY: _________________________________________
Name:
Title:
Address:
CONTRACTOR:
NAME: _____________________________________
BY: ________________________________________
Name:
Title:
Address:
TOWN OF TROPHY CLUB:
BY: _________________________________________
Jeannette Tiffany, Mayor
ATTEST:
BY: _________________________________________
Tammy Dixon, Town Secretary
APPROVED AS TO FORM:
BY: _________________________________________
Dean Roggia, Town Attorney
Page 91 of 123
Exhibit A
The Development
Page 92 of 123
Exhibit B
Page 93 of 123
Page 94 of 123
TOWN COUNCIL COMMUNICATION
MEETING DATE: June 10, 2024
FROM: Tammy Dixon, Town Secretary
Patrick Arata, Chief of Police
AGENDA ITEM: Consider an ordinance revising sex offender regulations and residency
restrictions by amending Chapter 8 "Offenses and Nuisances," Article 8.06
"Sex Offender Residency Restrictions" of the Code of Ordiances in its entirety.
(Tammy Dixon, Town Secretary/Patrick Arata, Chief of Police)
BACKGROUND/SUMMARY: In October 2006, the Trophy Club Town Council adopted
Ordinance No. 2006-29, establishing regulations for sex offender residences within the Town of
Trophy Club. The ordinance includes requirements for a safety zone map, which must be
incorporated into the ordinance and updated as necessary to reflect new developments and
the construction of qualifying facilities. Under the current ordinance, updates to the map
require formal Town Council approval and updating the Town's Code of Ordinances.
A legal review of the current ordinance was performed by the Town Attorney. The proposed
ordinance replaces the current ordinance in its entirety. The most significant change is shifting
the authority to update the safety zone map from the Town Council to the Town Manager. The
map is removed from being directly inserted into the Code of Ordinances and will be made
available to the public during the Town’s regular business hours at the Town’s police
department as well as on the Town's website.
The Town’s sex offender ordinance aims to safeguard the community by imposing restrictions
on the residency and activities of registered sex offenders within Town limits. Granting the
Town Manager the authority to manage this process would streamline operations and ensure
the map is kept current. The recommended amendments do not change the distance
requirements or other restrictions established in the current version of the sex offender
ordinance.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: N/A
LEGAL REVIEW: Town Attorney Roggia prepared the amended ordinance.
ATTACHMENTS:
1. Ordinance
2. Safety Zone Map 5-15-24
Page 95 of 123
3. Texas Sex Offender Registration Program _ Department of Public Safety
4. US DOJ Recidivism of Adult Sexual Offenders
5. AG Opinion Sex Offenders
ACTIONS/OPTIONS:
Staff recommends that the Town Council move to approve the ordinance revising sex offender
regulations and residency restrictions by amending Chapter 8 "Offenses and Nuisances," Article
8.06 "Sex Offender Residency Restrictions" of the Code of Ordiances in its entirety.
Page 96 of 123
Page 1
ORDINANCE NO. _______
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
REVISING SEX OFFENDER REGULATIONS AND RESIDENCY
RESTRICTIONS BY AMENDING CHAPTER 8 “OFFENSES AND
NUISANCES,” ARTICLE 8.06 “SEX OFFENDER RESIDENCY
RESTRICTIONS” OF THE CODE OF ORDINANCES, TOWN OF
TROPHY CLUB, TEXAS, IN ITS ENTIRETY; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF FIVE
HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH
DAY DURING OR ON WHICH A VIOLATION OCCURS OR
CONTINUES; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas (the “Town”) is a home rule
municipality 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, the Town Council has previously adopted regulations restricting the
residency of sex offenders; and
WHEREAS, the Town Council finds and declares that sex offenders are a threat to
public safety; and
WHEREAS, the Town Council finds from the evidence that the recidivism rate for
released sex offenders is significant, especially for those who commit crimes against minors;
and
WHEREAS, the Town Council finds from the evidence that restrictions on the
proximity of sex offenders to schools or other facilities that might create temptation to repeat
offenses are one way to minimize the risk of recidivism; and
WHEREAS, the Town Council finds that establishing a policy to restrict the property
available for residence of sex offenders will provide better protection for children gathering in
the Town; and
WHEREAS, the Town Council desires to establish child safety zones and distance
restrictions for sex offenders in order to protect the health, safety, and welfare of its residents
and residents of the State of Texas; and
WHEREAS, the Attorney General issued Opinion No. GA-0526 in 2007, which
confirmed that home rule municipalities may pass ordinances restricting the residency of sex
offenders.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
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Page 2
SECTION 1.
INCORPORATION OF RECITALS
The above and foregoing recitals are true and correct and are incorporated herein and
made a part hereof for all purposes.
SECTION 2.
The Code of Ordinances, Town of Trophy Club, Texas, Chapter 8 “Offenses and
Nuisances,” Article 8.06 “Sex Offender Residency Restrictions,” is hereby amended in its
entirety to read as follows:
Ҥ 8.06.001 Definitions.
For the purposes of this article, the following terms, words, and the derivations thereof shall
have the meanings given herein:
Child safety zone. A premises where children commonly gather. The term includes a school,
day-care facility, playground, youth center, swimming pool, video arcade facility, or other
facility that regularly holds events primarily for children. The term does not include a church,
as defined by section 544.251, Texas Insurance Code.
Database. The Texas Department of Public Safety’s sex offender database or registry, which
contains sex offender information that is reported, collected, and disseminated pursuant to
Chapter 62, Texas Code of Criminal Procedure.
Day-care facility. An establishment where more than three (3) unrelated children under the age
of fourteen (14) are left for care, training, education, custody, or supervision during the day or
any portion thereof. The term does not include overnight lodging, medical treatment,
counseling or rehabilitative services and does not apply to any school, public or private, as
herein defined.
Minor. A person younger than seventeen (17) years of age.
Permanent residence. A place where a person abides, lodges, or resides for fourteen (14) or
more consecutive days.
Playground. Any outdoor facility that is not on the premises of a school and that: (a) is
intended for recreation; (b) is open to the public; and (c) contains three (3) or more play stations
or apparatus intended for the recreation of children, such as slides, swing sets, and teeterboards.
Premises. Real property and all buildings and appurtenances pertaining to the real property.
Sex offender. An individual who is required to register as a sex offender under Chapter 62,
Texas Code of Criminal Procedure.
School. A private or public elementary or secondary school or a day-care center, as defined by
Section 42.002, Texas Human Resources Code.
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Page 3
Swimming pool. Any structure intended or used by the public for swimming or recreational
bathing, regardless of size, and including in-ground, above-ground and on-ground swimming
pools. The term shall not include swimming or bathing facilities located on private residential
property which are not open for use by the public or swimming or bathing facilities located
within an apartment or other multifamily housing complex
Temporary residence. A place where a person abides, lodges, or resides for a period of fourteen
(14) or more days in the aggregate during any calendar year and which is not the person’s
permanent address, or a place where a person routinely abides, resides, or lodges for a period
of four (4) or more consecutive or nonconsecutive days in any month and which is not the
person’s permanent residence.
Video arcade facility. means any facility that: (a) is open to the public, including persons who
are 17 years of age or younger; (b) is intended primarily for the use of pinball or video
machines; and (c) contains at least three pinball or video machines.
Youth center. Any public or private recreational facility or gymnasium that: (a) is intended
primarily for use by persons who are 17 years of age or younger; and (b) regularly provides
athletic, civic, or cultural activities.
§ 8.06.002 Offenses.
(a)For each person who is a sex offender pursuant to Chapter 62, Texas Code of Criminal
Procedure, because of a reportable conviction or adjudication involving a victim who
was as minor, it is unlawful for that person to establish a permanent residence or
temporary residence within 1,000 feet of any child safety zone.
(b)It is unlawful for any person to let or rent any place, structure, or part thereof with the
knowledge that it will be used as a permanent residence or temporary residence by any
person prohibited from establishing such permanent residence or temporary residence
pursuant to the terms of this section, if such place, structure, or part thereof is located
within 1,000 feet of any child safety zone.
(c)For each person required to register as a sex offender pursuant to Chapter 62, Texas
Code of Criminal Procedure, on the database because of a reportable conviction or
adjudication involving a victim who was a minor, it is unlawful for that person to go in,
on, or within 1,000 feet of any child safety zone.
(d)Nothing in this section shall require any person to terminate any lease, or sell or
otherwise dispose of any real estate, or real property interest, or home acquired or
owned prior to the conviction of the person as a sex offender.
§ 8.06.003 Evidentiary matters; measurements.
(a)It shall be prima facie evidence that this article applies to a person if that person’s record
appears on the database and the database indicates that the victim was a minor.
(b)For the purposes of determining the minimum distance separation, the requirement shall
be measured by following a straight line from the outer property line of the permanent
or temporary residence to the nearest property line of the child safety zone, or, in the
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Page 4
case of multiple residences on one property, the distance requirement shall be measured
from the nearest portion of the building or structure used as a permanent or temporary
residence by the sex offender or the parking lot or driveway providing access thereto,
whichever is closest to the nearest property line of the child safety zone.
(c)A map depicting child safety zones is hereby adopted by the Town and shall be made
available to the public during the Town’s regular business hours at the Town’s police
department. The Town Manager shall review the map at least annually. The Town
Manager may make adjustments to the map at any time to remove or add child safety
zones (1) to conform with development in the Town; (2) as a change in the condition
of a premises may require; or (3) as may be required by law. Any adjustments made to
the map by the Town Manager shall be provided to the Town Secretary, and the Town
Secretary shall provide a certified copy of the revised map to the Chief of Police. The
Town may also publish a certified copy of the map on the Town’s website.
§ 8.06.004 Culpable mental state not required.
Neither allegation nor evidence of a culpable mental state is required for the proof of an offense
defined by this article.
§ 8.06.005 Exemptions; affirmative defenses.
(a)A person who established residency in a temporary or permanent residence located
within 1,000 feet of a child safety zone prior to the effective date of this article is exempt
from the application of this article, but only to the extent necessary to access areas
necessary for the person to have access to and to live in the residence and only for the
period the person maintains residency in the residence.
(b)A person subject to this article may seek an exemption from its application by
submitting a request in writing to the Town Manager specifying the background,
reason, and scope of the requested exemption. The Town Manager may seek additional
information from the requestor, and shall issue a written determination on the requested
exemption within ten (10) business days from the filing of the request. The requestor
may appeal to the Town Council from the determination of the Town Manager by filing
such appeal request in writing to the Town Secretary within ten (10) business of the
Town Manager’s determination.
(c)It is an affirmative defense to prosecution that any of the following conditions apply:
(1)The person required to register on the database was a minor when he or she
committed the offense requiring such registration and was not convicted as an
adult.
(2)The person required to register on the database is a minor.
(3)The premises where children commonly gather, as specified herein, that is
located within 1,000 feet of the permanent or temporary residence of the person
required to register on the database was opened after the person established the
permanent or temporary residence and complied with all sex offender
registration laws of the state.
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Page 5
(4)The information on the database is incorrect, and, if corrected, this article would
not apply to the person who was erroneously listed on the database.
(5)The person required to register on the database was in, on, or within 1,000 feet
of a child safety zone for a legitimate purpose, including transportation of a
child that the person is permitted to be with, transportation to and from work,
and other work-related purposes.
§ 8.06.006 Penalty.
Any person violating the provisions of this article shall, upon conviction, be punished by a fine
in an amount not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00)
for each offense, and each and every day such violation shall continue shall be deemed to
constitute a separate offense.
§ 8.06.007 Injunctive relief.
Any violation of this article can be enjoined by a suit filed in the name of the Town in a court
of competent jurisdiction, and this remedy shall be in addition to any penal provision in this
ordinance or in any ordinance of the town.”
SECTION 3.
CUMULATIVE
This Ordinance shall be cumulative of all provisions of ordinances of the Town, except
where the provisions of this Ordinance are in direct conflict with the provisions of such
ordinances, in which event the conflicting provisions of such ordinances are hereby repealed.
SECTION 4.
SEVERABILITY
It is hereby declared to be the intention of the Town Council that the phrases, clauses,
sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause,
sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this
Ordinance, since the same would have been enacted by the Town Council without the
incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
SECTION 5.
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 hereof shall be fined, upon conviction,
in an amount not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00),
and a separate offense shall be deemed committed each day during or on which a violation
occurs or continues.
SECTION 6.
SAVINGS
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Page 6
All rights and remedies of the Town are expressly saved as to any and all violations of
the ordinances of the Town that have accrued at the time of the effective date of this Ordinance;
and, as to such accrued violations and all pending litigation, both civil and criminal, whether
pending in court or not, under such ordinances, same shall not be affected by this Ordinance,
but may be prosecuted until final disposition by the courts.
SECTION 7.
PUBLICATION
The Town Secretary of the Town is hereby directed to publish the caption and penalty
clause of this Ordinance as required by Section 3.16 of the Town’s Charter.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, and it is so ordained.
PASSED AND APPROVED ON THIS ________ DAY OF ______, 2024.
_______________________________
Jeannette Tiffany, Mayor
ATTEST:
_______________________________
Tammy Dixon, Town Secretary
APPROVED AS TO FORM:
__________________________
Dean Roggia, Town Attorney
Page 102 of 123
Page 103 of 123
Services Driver License & IDs Regulatory Services Crime Laboratory
Crime Records
Home Texas Sex Offender Registration Program
Texas Sex Offender Registration Program
The Texas Sex Offender Registration Program (Chapter 62 of the Code of Criminal Procedure) is a
sex offender registration and public notification law designed to protect the public from sex offenders.
This law requires adult and juvenile sex offenders to register with the local law enforcement authority of
the city they reside in or, if the sex offender does not reside in a city, with the local law enforcement
authority of the county they reside in. Registration involves the sex offender providing the local law
enforcement authority with information that includes, but is not limited to, the sex offender's name and
address, a color photograph, and the offense the offender was convicted of or adjudicated for.
Registered sex offenders are required to periodically report to the local law enforcement authority to
verify the accuracy of the registration information and to promptly report certain changes in the
information as those changes occur. A sex offender who fails to comply with any registration requirement
is subject to felony prosecution.
Public notification of registered sex offenders is accomplished in several different ways. First, the Texas
Department of Public Safety (“TXDPS”) maintains a statewide sex offender registration database. This
database contains all information provided to Texas local law enforcement authorities by sex offenders
required to register. State law specifically makes most information in this database freely available to the
public. The public may access this information at any time through the TXDPS website located at Texas
Public Sex Offender Registry. Further, every local law enforcement authority in Texas maintains a sex
offender registry that contains information on all sex offenders registered with the authority. Like the
information in the TXDPS database, state law makes most registration information contained in local
registries available to the public. Some local law enforcement authorities have established local websites
the public can access to search for sex offenders living in their community. State law also permits local
law enforcement authorities to publish some sex offenders in a newspaper, circular, or other periodical
that serves the community the sex offender resides in. Finally, if a high risk sex offender or a civilly
committed sexually violent predator moves into a community, the TXDPS will notify the community by
mailing to each residence and business in the community a postcard containing information about the
offender or predator.
Please review the Sex Offender Frequently Asked Questions for more detailed information about sex
offender registration in Texas.
Page 104 of 123
U.S. Department of Justice
Office of Justice Programs
Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking
SOMAPIRE SEARCH
BRIEF
SEX OFFENDER MANAGEMENT ASSESSMENT AND PLANNING INITIATIVE
Luis C.deBaca, Director • July 2015
Recidivism of Adult
Sexual Offenders About SOMAPI
In 2011, the SMART Office
began work on the Sex Offender
by Roger Przybylski Management Assessment and
Planning Initiative (SOMAPI), a
project designed to assess the
state of research and practice in
sex offender management. As part
Introduction of the effort, the SMART Office
contracted with the National
R Criminal Justice Association (NCJA)
ecidivism has long been a concern of criminal justice practitioners and and a team of subject-matter
experts to review the literature on policymakers, but has received renewed attention in recent years due sexual offending and sex offender
to the record number of convicted offenders living in our communities.1 management and develop
summaries of the research for Research has demonstrated that repeat offenders account for a disproportionate dissemination to the field. These
amount of crime, and there is widespread recognition today that recidivism summaries are available online at
http://smart.gov/SOMAPI/index. reduction should be a key goal of the criminal justice system. html.
A national inventory of
sex offender management
professionals also was conducted
in 2011 to gain insight about
nonsexual crime. It also addresses the recidivism rates of different types of sex promising practices and pressing
needs in the field. Finally, a offenders. Discussion Forum involving
national experts was held in 2012
for the purpose of reviewing
Summary of Research Findings the research summaries and
inventory results and refining
what is currently known about sex
offender management.
of sex crimes, the fact that few sexual offenses are reported to authorities, and Based on the work carried out
the variation in the ways researchers calculate recidivism rates all contribute to under SOMAPI, the SMART Office
has published a series of Research the problem. Briefs, each focusing on a topic
covered in the sexual offending Research has clearly shown that many sex offenses are never reported to
and sex offender management
authorities, and several studies have shown that the likelihood that a sexual
literature review. Each brief is
designed to get key findings assault will be reported to law enforcement decreases with the victim’s age.2
from the literature review into In addition, only a subset of sex offenses that are reported to law enforcement
the hands of policymakers and
result in the arrest of the perpetrator. Given these dynamics, there is
practitioners. Overall, the briefs are
intended to advance the ongoing
dialogue related to effective
offenders are a diluted measure of reoffending. interventions for sexual offenders
and provide policymakers and
practitioners with trustworthy, up
to-date information they can use
to identify what works to combat
sexual offending and prevent
sexual victimization.
Page 105 of 123
2
It is also important to recognize that recidivism rates
are often measured differently from one study to the
next. Different ways of measuring recidivism rates can
produce substantially different results, and comparing
rates that were derived in different ways can lead to
inaccurate conclusions. Some of the most common ways
in which measurement variation occurs in recidivism
research are—
■ Variation in the way researchers operationally define
recidivism.
■ Variation in the length of the followup period.
■ Differences in the populations being studied.
Recidivism Rates for All Sex Offenders
Perhaps the largest single study of sex offender
recidivism to date was carried out by Langan, Schmitt,
and Durose (2003). The study examined the recidivism
patterns of 9,691 male sex offenders released from
prisons in 15 states in 1994.3 The researchers found
a sexual recidivism rate of 5.3 percent for the entire
sample of sex offenders, based on an arrest during the
3-year followup period. The violent and overall arrest
recidivism rates for the entire sample were much higher:
17.1 percent and 43 percent, respectively. Nearly 4 out of
every 10 (38.6 percent) sex offenders in the study were
returned to prison within 3 years of their release due to
the commission of a new crime or a technical violation of
their release conditions.
As part of their study, Langan, Schmitt, and Durose
(2003) conducted a comparative analysis of sex-offender
and non-sex-offender recidivism. They found that the
sex offenders in the study had a lower overall rearrest
rate than non-sex offenders (43 percent compared to 68
percent), but their sex crime rearrest rate was four times
higher than the rate for non-sex offenders (5.3 percent
compared to 1.3 percent).
Another important recidivism study was conducted
by Sample and Bray (2003). The researchers examined
the arrest recidivism of 146,918 offenders who were
originally arrested in Illinois in 1990. Arrestees
categorized as sex offenders (based on their most serious
charge in 1990 being a sex offense) had 1-year, 3-year,
and 5-year rearrest rates for a new sexual offense of 2.2
percent, 4.8 percent, and 6.5 percent, respectively.4 Sex
offenders in the study had 1-year, 3-year, and 5-year
rearrest rates for any new offense of 21.3 percent, 37.4
percent, and 45.1 percent, respectively.
In a meta-analysis involving 10 different studies, Harris
and Hanson (2004) generated recidivism estimates
based on new charges or convictions for sexual offenses,
using 5-, 10-, and 15-year followup periods for several
categories of sex offenders.5 The sexual recidivism
estimates for all sex offenders in the study were 14
percent at 5 years, 20 percent at 10 years, and 24 percent
at 15 years. An important finding that emerged from
the analysis was that the 15-year sexual recidivism rate
for offenders who already had a prior conviction for a
sexual offense was nearly twice that for first-time sex
offenders (37 percent compared to 19 percent). Another
important finding was that the rate of reoffending
decreased the longer offenders had been offense-free.
Whereas 14 percent of the offenders in the analysis
were sexual recidivists after 5 years of followup, only 7
percent of the offenders who were offense-free at that
time sexually recidivated during the next 5 years of
followup.
Recidivism Rates for Rapists
Researchers studying the recidivism of sex offenders
are increasingly reporting recidivism rates specifically
for rapists. Langan, Schmitt, and Durose (2003), for
example, found that 5 percent of the 3,115 rapists6 in
their study were arrested for a new sex offense during
the 3-year followup period, 18.7 percent were arrested
for a violent crime, and 46 percent were arrested for
any crime. Rapists in the study with more than one
prior arrest were rearrested at a rate nearly double
(49.6 percent compared to 28.3 percent) that of rapists
with just one prior arrest. Harris and Hanson (2004)
reported sexual recidivism estimates for rapists (based
on new charges or convictions) of 14 percent at 5-year
followup, 21 percent at 10 years, and 24 percent at 15
years.7 Another study, noteworthy because of its 25
year followup period, was conducted by Prentky and
colleagues (1997). Generalizing some of the study’s
findings to offenders who engage in rape behavior
today is problematic because the study period began
in 1959 and ended in 1985, and sex offender treatment
and management practices were far different then than
they are today. In addition, the study sample was small
(136 rapists), and it consisted of individuals who were
determined to be sexually dangerous and who were
civilly committed. Nevertheless, it is worth noting
that Prentky and colleagues found that some rapists
remained at risk to reoffend long after their discharge.
Based on the 25-year followup period, the researchers
Page 106 of 123
3
Recidivism of Adult Sexual Offenders
found a sexual recidivism rate of 39 percent and a
recidivism rate for any charge of 74 percent.
Recidivism Rates for Child Molesters
A relatively large body of research exists on the
recidivism rates of child molesters. The study of sex
offenders released from state prisons in 1994, by Langan
and colleagues (2003), included a large sample (N =
4,295) of child molesters. The researchers reported that
5.1 percent of the child molesters in the study were
rearrested for a new sex crime within 3 years of their
release, 14.1 percent were rearrested for a violent crime,
and 39.4 percent were rearrested for a crime of any kind.
Similar to the pattern for rapists, child molesters with
more than one prior arrest had an overall recidivism rate
nearly double (44.3 percent compared to 23.3 percent)
that of child molesters with only one prior arrest. As
might be expected, child molesters were more likely
than any other type of offender—sexual or nonsexual—
to be arrested for a sex a crime against a child following
release from prison.
Harris and Hanson (2004) documented differential rates
of recidivism for different types of child molesters. Table
1 presents the study’s recidivism estimates (based on
new charges or convictions) for 5-year, 10-year, and 15
year followup periods for boy-victim child molesters,
girl-victim child molesters, and incest offenders.
Prentky and his colleagues (1997) also examined the
recidivism of child molesters. Based on a 25-year
followup period, the researchers found a sexual
recidivism rate of 52 percent (defined as those charged
with a subsequent sexual offense) using a sample of
115 child molesters who were discharged from civil
commitment in Massachusetts between 1960 and 1984.
While the difference between the 52 percent sexual
recidivism rate found by Prentky and colleagues (1997)
using a 25-year followup period and the 23 percent rate
found by Harris and Hanson (2004) using a 15-year
follow period is striking, it can be interpreted in different
ways. One interpretation is that first-time recidivism
may occur for some child molesters 20 or more years
after criminal justice intervention, and that recidivism
estimates based on shorter followup periods are likely
to underestimate the lifetime risk of child molester
reoffending (Doren, 1998). An alternative interpretation
is that the difference is primarily an artifact of sampling,
as Harris and Hanson’s findings are based on a larger,
more diverse sample of child molesters, including
some serving community sentences, and the lifetime
prevalence of sexual recidivism for child molesters
is lower than the 52 percent suggested by Doren and
is based, at least in part, on the Prentky et al. (1997)
findings.
Recidivism Rates for Exhibitionists
A limited body of research exists on the recidivism rates
of exhibitionists. The findings and characteristics of three
relevant studies are reported in table 2 on page 4.
Comparative Recidivism Rates of Female
and Male Sex Offenders
Research demonstrates that female sex offenders
reoffend at significantly lower rates than male sex
offenders. Based on a study of 380 female sex offenders,
Cortoni and Hanson (2005) found average sexual,
violent, and overall recidivisms rates for female sex
offenders of 1 percent, 6.3 percent, and 20.2 percent
respectively, after an average follow-up period of 5
years.8 More recently, a meta-analysis of 10 studies
involving a combined sample of 2,490 female sex
offenders found an average sexual recidivism rate of
about 3 percent for female sex offenders, based on an
average followup period of 6.5 years9 (Cortoni, Hanson,
& Coache, 2010).10
TABLE 1. SEXUAL RECIDIVISM RATES (BASED ON NEW CHARGES OR CONVICTIONS) AT 5-YEAR, 10-YEAR, AND 15
YEAR FOLLOWUP FOR BOY-VICTIM CHILD MOLESTERS, GIRL-VICTIM CHILD MOLESTERS, AND INCEST OFFENDERS
5 years 10 years 15 years
N Percent N Percent N Percent
Any type (one or more) 315 23.0 105 27.8 95 35.4
Sexual assault 766 9.2 218 13.1 208 16.3
Sexual coercion 416 6.4 73 9.4 69 13.2
Source: Harris and Hanson (2004).
Page 107 of 123
4
TABLE 2. RECIDIVISM RATES FOR EXHIBITIONISTS
Study Sample
Followup
Period Recidivism Findings
Sugarman et al. (1994) 210 exhibitionists 17 years
32% based on
conviction for a
contact sexual offense
75% based on
conviction for any type
of crime other than
exposing
Rabinowitz-Greenberg et
al. (2002)
221 exhibitionists,
assessed 1983–1996
6.8 years
(average)
11.7% based on
new sexual charge
or conviction
16.8% based on
new violent charge
or conviction
32.7% based on
any new charge
or conviction
Firestone et al. (2006) 221 exhibitionists,
assessed 1983–1996 13.2 years
23.6% based on
new sexual charge
or conviction
31.3% based on
new violent charge
or conviction
8.9% based on
any new charge
or conviction
Research Limitations
and Future Needs
A sound foundation of knowledge on the extent of sex
offender recidivism has been produced in recent years,
but significant knowledge gaps remain. Variations
across studies in the operational definition of recidivism,
the length of the followup period employed, and other
measurement factors continue to make it difficult to
make cross-study comparisons of observed recidivism
rates. Studies that produce more readily comparable
findings are greatly needed, as are those that employ
followup periods longer than 5 years. Analyses are also
needed that standardize the time at risk for all offenders
in a given study using survival analysis. Future research
should also attempt to build a stronger evidence base
on the differential recidivism patterns of different types
of sex offenders, particularly the recidivism patterns of
crossover offenders.
Conclusions and
Policy Implications
Studies clearly demonstrate that the actual reoffending
rates of sexual offenders are poorly reflected in official
records. The magnitude of the difference between
observed and actual reoffending needs to be better
understood, and there is universal agreement in the
scientific community that the observed recidivism
rates of sex offenders are underestimates of actual
reoffending.
The observed sexual recidivism rates of sex offenders
range from about 5 percent after 3 years to about 24
percent after 15 years. Relatively low rates of recidivism
particularly sexual recidivism—are reported in studies
using followup periods shorter than 5 years. Langan
and colleagues (2003), for example, found a sexual
recidivism rate of 5.3 percent, using a 3-year followup
period for a large sample of sex offenders released from
prison in 1994. Studies employing longer followup
periods consistently report higher rates of recidivism.
Harris and Hanson (2004), for example, reported a
sexual recidivism rate of 24 percent for a sample of sex
offenders, based on a 15-year followup period. Although
observed recidivism rates will naturally increase as the
length of the followup period increases, it is important
to recognize that recidivism rates derived from followup
periods of 5 years or less may mislabel a considerable
proportion of repeat offenders as nonrecidivists.
Sex offenders—regardless of type—have higher rates
of general recidivism than sexual recidivism. Although
this basic reoffending pattern would naturally be
expected to occur, the magnitude of the difference found
in research is somewhat striking. It suggests that sex
offenders are far more likely to reoffend for a nonsexual
crime than a sexual crime and, as Hanson and Morton-
Bourgon (2004, p. 4) have aptly stated, “policies aimed
at public protection should also be concerned with the
likelihood of any form of serious recidivism, not just
sexual recidivism.”
Sex offenders have lower rates of general recidivism
but higher rates of sexual recidivism than non-sex
offenders. Research comparing the recidivism rates
of sex offenders with those of non-sex offenders
consistently finds that sex offenders have lower overall
recidivism rates than non-sex offenders. Child molesters,
rapists, and sex offenders overall, however, are far more
likely than non-sex offenders to recidivate sexually.
Page 108 of 123
5
Recidivism of Adult Sexual Offenders
Different types of sex offenders have markedly
different rates of recidivism. The empirical evidence
clearly demonstrates that different types of sex offenders
have a different propensity to reoffend. Research that
examines the recidivism of rapists and child molesters
indicates that the highest observed recidivism rates
are found among child molesters who offend against
boys. Comparatively lower recidivism rates are found
for rapists, child molesters who victimize girls, and
incest offenders. This suggests that different recidivism-
reduction policies and practices are needed for different
types of sex offenders.
Female sex offenders have lower rates of recidivism
than male sex offenders. Five- to six-year rates of sexual
recidivism for female sex offenders may be as low as 1
to 3 percent. The differential recidivism rates of female
and male sex offenders suggests that intervention and
management practices need to differentiate between
female and male sex offenders, and that procedures for
assessing risk that were developed for male sex offenders
are unlikely to be accurate when applied to female sex
offenders (Cortoni, Hanson, & Coache, 2010).11
Notes
1. This includes offenders returning to the community
upon release from incarceration as well as offenders
who are serving or who have been discharged from
community-based sentences.
2. See, for example, Kilpatrick, Saunders, and Smith
(2003) and Sorenson and Snow (1991). See Pipe et al.
(2007) for more information about childhood disclosure
of sexual abuse.
3. These offenders accounted for about two-thirds of
all male sex offenders released from state prisons in the
United States that year.
4. Sample and Bray (2003) did not report the number of
1990 arrestees who were categorized as sex offenders.
5. All of the sex offenders in the analysis were released
from correctional institutions, except for 202 Canadian
sex offenders who were placed on probation and 287 sex
offenders in Washington state who received community-
based sentences.
6. The study conducted by Langan and colleagues
(2003) separated “violent sex crimes” into two
categories: “rape” and “other sexual assault.” The term
“rapist” was used to refer to a released sex offender
whose imprisonment offense was defined by state
law as forcible intercourse with a female or male. The
“rape” category excluded statutory rape or any other
nonforcible sexual act with a minor or with someone
unable to give legal or factual consent. Sex offenders
whose imprisonment offense was a violent sex crime
that could not be positively identified as “rape” were
placed in the “sexual assault” category. The 3-year
recidivism rates reported for the 6,576 sex offenders
categorized as sexual assaulters were as follows: 5.5
percent were rearrested for a new sex crime, 16.4 percent
were rearrested for a violent crime, and 41.5 percent
were rearrested for a crime of any kind.
7. The 5-year recidivism rate estimate is based on 514
offenders, the 10-year estimate is based on 261 offenders,
and the 15-year estimate is based on 157 offenders.
8. The definition of recidivism varied widely, ranging
from arrests to convictions to reports provided by
probation officers.
9. As a comparison, the researchers reported a sexual
recidivism rate of 13.7 percent for male sex offenders,
based on an average followup period of 5.5 years. The
average sexual recidivism rate reported for male sex
offenders was derived from a previous meta-analysis
(Hanson & Morton-Bourgon, 2004) of 84 studies
involving 20,440 sex offenders, the majority of whom
were males. Hanson and Morton-Bourgon (2004)
reported that 1 of the 84 studies in the meta-analysis
focused on female sex offenders. Based on the sample
size reported in that study of female offenders, fewer
than 100 of the 20,440 sex offenders in the Hanson and
Morton-Bourgon (2004) meta-analysis were female.
10. Recidivism was defined as an arrest, charge,
conviction, or incarceration for a new offense.
11. Cortoni and Hanson (2005). Recidivism Rates of
Female Sexual Offenders. Research Summary, Vol. 11,
No. 3. Ottawa, Ontario, Canada: Public Safety Canada.
Retrieved from http://www.publicsafety.gc.ca/cnt/
rsrcs/pblctns/rcvdsm-fmlffndrs/index-eng.aspx.
References
Cortoni, F., & Hanson, R.K. (2005). A Review of the
Recidivism Rates of Adult Female Sex Offenders. Research
Report No. R-169. Ottawa, Ontario, Canada: Correctional
Service of Canada.
Page 109 of 123
6
Cortoni, F., Hanson, R.K., & Coache, M.È. (2010). The
recidivism rates of female sex offenders are low: A meta-
analysis. Sexual Abuse: A Journal of Research and Treatment,
22, 387–401.
Doren, D. (1998). Recidivism base rates, predictions
of sex offender recidivism, and the “sexual predator”
commitment laws. Behavioral Sciences and the Law, 16,
97–114.
Firestone, P., Kingston, D.A., Wexler, A., & Bradford,
J.M. (2006). Long-term follow-up of exhibitionists:
Psychological, phallometric, and offense characteristics.
Journal of the American Academy of Psychiatry and the Law,
34(3), 349–359.
Hanson, R.K., & Morton-Bourgon, K. (2004). Predictors
of Sexual Recidivism: An Updated Meta-Analysis. Ottawa,
Ontario, Canada: Public Safety and Emergency
Preparedness Canada.
Harris, A.J.R., & Hanson, R.K. (2004). Sex Offender
Recidivism: A Simple Question. Ottawa, Ontario, Canada:
Public Safety and Emergency Preparedness Canada.
Kilpatrick, D.G., Saunders, B.E., & Smith, D.W.
(2003). Youth Victimization: Prevalence and Implications.
Washington, DC: U.S. Department of Justice, Office of
Justice Programs, National Institute of Justice.
Langan, P., Schmitt, E., & Durose, M. (2003). Recidivism
of Sex Offenders Released From Prison in 1994. Washington,
DC: U.S. Department of Justice, Office of Justice
Programs, Bureau of Justice Statistics.
Pipe, M.E., Lamb, M.E., Orbach, Y., & Cederborg, A.C.
(Eds.). (2007). Child Sexual Abuse: Disclosure, Delay, and
Denial. Mahwah, NJ: Lawrence Erlbaum Associates.
Prentky, R., Lee, A., Knight, R., & Cerce, D. (1997).
Recidivism rates among child molesters and rapists: A
methodological analysis. Law and Human Behavior, 21,
635–659.
Rabinowitz-Greenberg, S., Firestone, P., Bradford, J.,
& Greenberg, D. (2002). Prediction of recidivism in
exhibitionists: Psychological, phallometric, and offense
factors. Sexual Abuse: A Journal of Research and Treatment,
14(4), 329–347.
Sample, L.L., & Bray, T.M. (2003). Are sex offenders
dangerous? Criminology and Public Policy, 3, 59–82.
Seto, M.C. (2008). Pedophilia and Sexual Offending
Against Children: Theory, Assessment, and Intervention.
Washington, DC: American Psychological Association.
Sorenson, T., & Snow, B. (1991). How children tell: The
process of disclosure in child sexual abuse. Child Welfare,
70, 3–15.
Sugarman, P., Dumughn, C., Saad, K., Hinder, S., &
Bluglass, R. (1994). Dangerousness in exhibitionists.
Journal of Forensic Psychiatry, 5, 287–296.
ABOUT SMART
The Adam Walsh Child Protection and Safety Act of
2006 authorized the establishment of the Sex Offender
Sentencing, Monitoring, Apprehending, Registering, and
Tracking (SMART) Office within OJP. SMART is responsible
for assisting with implementation of the Sex Offender
Registration and Notification Act (SORNA), and also for
providing assistance to criminal justice professionals across
the entire spectrum of sex offender management activities
needed to ensure public safety.
This research brief was produced by the National Criminal
Justice Association under grant number 2010-DB-BX-K086,
awarded by the Office of Sex Offender Sentencing,
Monitoring, Apprehending, Registering, and Tracking
(SMART), Office of Justice Programs, U.S. Department
of Justice. The opinions, findings, and conclusions or
recommendations expressed in this research brief are those
of the author(s) and contributors and do not necessarily
represent the official position or policies of the SMART
Office or the U.S. Department of Justice.
Page 110 of 123
GREG ABBOTT
March 6,2007
The Honorable Jane Nelson Opinion No. GA-0526
Chair, Committee on Health and Human Services
Texas State Senate Re: Whether a municipality may prohibit
Post Office Box 12068 registered sex offenders from living in
Austin, Texas 7871 1-2068 certain locations within the municipality
(RQ-0526-GA)
Dear Senator Nelson:
You state that n~unicipalities "across the state either have passed or are considering passing
municipal ordinances that prohibit registered sex offenders from living within a specified distance
from locations where children typically congregate, including day-care facilities, schools, public
swimming pools, and parks and playgrounds."' You ask whether a municipality may adopt such
ordinances. See Request Letter, supra note 1, at 1. You particularly ask us to address two issues:
(1) whether Chapter 508, Government Code, Article 42.12, Code of
Criminal Procedure, or Chapter 62, Code of Criminal Procedure,
preempts or otherwise limits a municipality's authority in this regard
and (2) whether Section 3 or 19, Article I, Texas Constitution, or any
other provision of the Texas Constitution limits a municipality's
authority in this regard.
Id. at 2.
We note preliminarily that no particular adopted or proposed ordinance is at issue. Thus, our
answer is general and does not speak to the preemption or constitutionality of a specific ordinance.
In addition, we note that you do not specify whether your question concerns general-law or
home-rule municipalities. See id. at 1-2. A general-law municipality is a political subdivision
"created by the State and, as such, possess[es] those powers and privileges that the State expressly
confers upon [it] ." Tex. Dep 't of Transp. v. City of Sunset Valley, 146 S. W.3d 637,645 (Tex. 2004).
We have found no law authorizing a general-law municipality to adopt this type of residence
'Letter from Honorable Jane Nelson, Chair, Committee on Health and Human Services, Texas State Senate, to
Honorable Greg Abbott, Attorney General of Texas, at 1 (Aug. 29, 2006) (on file with the Opinion Committee, also
available at http://www.oag.state.tx.us) [hereinafter Request Letter].
Page 111 of 123
The Honorable Jane Nelson - Page 2 (GA-0526)
restriction. Thus, unless the Legislature expressly authorizes it, a general-law municipality may not
adopt an ordinance restricting where a registered sex offender may live.
On the other hand, a home-rule municipality "do[es] not depend on the legislature for specific
grants of authority but, instead, ha[s] a constitutional right of self-government and look[s] to the
legislature only for specific limitations on [its] power." City ofLaredo v. Webb County, No. 03-05-
00168-CV, 2005 WL 3234768, at *3 (Tex. App.-Austin Dec. 1,2005, no pet.); see TEX. CONST.
art. XI, tj 5; Quick v. City of Austin, 7 S.W.3d 109, 122 (Tex. 1998); Dallas Merchant's &
Concessionaire's Ass 'n v. City of Dallas, 852 S.W.2d 489,490-91 (Tex. 1993). We thus consider
whether the Legislature has specifically limited a home-rule municipality's authority to adopt
ordinances like those you generally describe.
I. Whether Residence Restrictions Adopted by Home-Rule Municipalities are Preempted
by Government Code Chapter 508, Code of Criminal Procedure Article 42.12, or Code
of Criminal Procedure Chapter 62
Despite its broad authority, a home-rule municipality may not adopt an ordinance that is
"inconsistent with the Constitution of the State, or [with] the general laws enacted by the Legislature
of this State." Dallas Merchant S & Concessionaire 's Ass 'n, 852 S.W.2d at 490 (quoting TEX.
CONST. art. XI, 5 5); see City of Corpus Christi v. Five Citizens of Corpus Christi, 103 S. W.3d 660,
663 (Tex. App.-Corpus Christi 2003, pet. denied). Consequently, a municipal ordinance "that
attempts to regulate a subject matter preempted by a state statute is unenforceable to the extent it
conflicts with the state statute." Dallas Merchant's & Concessionaire S Ass 'n, 852 S. W.2d at 49 1.
Nevertheless, "the mere fact that the legislature has enacted a law addressing a subject does not mean
[that the] subject matter is completely preempted." Id. (quoting City of Richardson v. Responsible
Dog Owners, 794 S. W.2d 17, 19 (Tex. 1990)). A court will not hold a general law and a municipal
ordinance "repugnant to each other if any other reasonable construction leaving both in effect can
be reached." Id. (quoting City of Beaumont v. Fall, 291 S.W. 202, 206 (Tex. 1927)). And if the
Legislature chooses to preempt a subject matter usually encompassed within a home-rule
municipality's broad powers, "it must do so with unmistakable clarity." Id.
You suggest that Government Code section 508.187, Code of Criminal Procedure article
42.12, or Code of Criminal Procedure chapter 62 may preempt the home-rule municipalities'
ordinances. See Request Letter, supra note 1, at 2. We will discuss chapter 62 of the Code of
Criminal Procedure first.
Chapter 62 establishes a sex-offender-registration program under which persons with a
"reportable conviction or adjudication" or who are "required to register as a condition of parole,
release to mandatory supervision, or community supervision" must register "with the local law
enforcement authority in any municipality where the person resides or intends to reside for more than
seven days." TEX. CODE CRIM. PROC. ANN. art. 62.051(a) (Vernon Supp. 2006); see also id. art.
62.001(1) (defining "Department"); id. art. 62.004 (requiring the Department of Public Safety to
determine "which local law enforcement authority serves as [a] person's primary registration
authority"). The phrase "reportable conviction or adjudication" is defined to include various sex
offenses, such as indecency with a child, possessing or promoting child pornography, burglary with
Page 112 of 123
The Honorable Jane Nelson - Page 3 (GA-0526)
intent to commit a sex offense, and aggravated kidnapping with intent to sexually abuse a person
younger than 17 years old. Id. art. 62.001(5). Compare Act of May 26,2005,79th Leg., R.S., ch.
1008, 5 1.01, 2005 Tex. Gen. Laws 3385, 3386-87 (defining "reportable conviction or
adjudication"), with Act of May 25,2005,79th Leg., R.S., ch. 1273, 5 2,2005 Tex. Gen. Laws 4049,
4050-5 1 (same). Depending on the precise sex offense the person committed, a person's duty to
register as a sex offender expires when the person dies or on the tenth anniversary of the date on
which (1) the person was released from a penal institution or discharged from community
supervision, or (2) the court dismissed the criminal proceedings against the person. TEX. CODE
CRIM. PROC. ANN. art. 62.101 (Vernon Supp. 2006). Failing to register as required is a criminal
offense. See id. art. 62.102.
The statutory duty to register as a sex offender does not conflict with a municipal ordinance
limiting the area in which a sex offender must live. Accordingly, chapter 62 does not preempt the
municipal ordinances.
Article 42.12, section 13B of the Code of Criminal Procedure and section 508.187 of the
Government Code (the "child-safety-zone statutes") both provide in similar terms for the
establishment of a child-safety zone that certain sex offenders may not enter. Code of Criminal
Procedure article 42.12, section 13B pertains to defendants placed on community supervision, while
Government Code section 508.187 pertains to convicted defendants who have served a sentence
for a sex offense and are placed on parole. See id. art. 42.12, 5 13B(a); TEX. GOV'T CODE ANN.
5 508.187(a)-(b) (Vernon 2004). Under both statutes, a defendant or convicted defendant who, as
a condition of community supervision or parole, must adhere to child-safety-zone provisions may
not:
(A) supervise or participate in any program that includes as
participants or recipients persons who are 17 years of age or younger
and that regularly provides athletic, civic, or cultural activities; or
(B) go in, on, or within [1,000 feet, under article 42.12,
section 13B or a distance specified by the panel under Government
Code section 508.187(b)(l)(B)] of premises where children
commonly gather, including a school, day-care facility, playground,
public or private youth center, public swimming pool, or video arcade
facility.
TEX. GOV'TCODEANN. 5 508.187(b)(l) (Vernon 2004); cJ: TEX. CODECRIM. PROC. ANN. art. 42.12,
5 13B(a)(l) (Vernon Supp. 2006). Subsection (B) of the child-safety-zone statutes is particularly
relevant to our preemption inquiry.
The child-safety-zone statutes are not inconsistent with home-rule municipality residence
restrictions as you have described them. See Dallas Merchant's & Concessionaire S Ass 'n, 852
S.W.2d at 490 (quoting TEX. CONST. art. XI, 5 5). A sex offender may comply with both the child-
safety-zone statutes and a home-rule municipality's residence restrictions by staying out of the areas
described in both. In this way, the state statutes and the municipal ordinances are not repugnant;
instead, they are complementary. See id. at 491 (quoting City of Beaumont, 29 1 S.W. at 206).
Page 113 of 123
The Honorable Jane Nelson - Page 4 (GA-0526)
Moreover, nothing in either of the child-safety-zone statutes evidences an unmistakably clear
legislative intent to preempt a home-rule municipality's authority to regulate where sex offenders
may live. See id. at 49 1. Certainly, neither child-safety-zone statute expressly preempts municipal
regulation. CJ: TEX. ALCO. BEV. CODE ANN. 5 109.57(a)-(b) (Vernon Supp. 2006) (expressly
restricting a home-rule municipality's authority to impose stricter standards on premises or
businesses required to have a license or permit under the Alcoholic Beverage Code and setting out
the Legislature's intent that the Alcoholic Beverage Code "shall exclusively govern the regulation
of alcoholic beverages in this state"); Dallas Merchant S & Concessionaire S Ass 'n, 852 S.W.2d at
491-92 (stating that the Alcoholic Beverage Code "clearly preempts an ordinance of a home-rule
city that regulates where alcoholic beverages are sold"). In addition, nothing in the child-safety-zone
statutes' legislative history suggests an intent to preempt municipal regulation. See generally
SENATE COMM. ON CRIM. JUSTICE, BILL ANALYSIS 1, Tex. C.S.S.B. 1 1 1, 74th Leg., R.S. (1 995);
HOUSE COMM. ON CRIM. JURISPRUDENCE 1, Tex. C.S.S.B. 1 1 1,74th Leg., R.S. (1995); see HOUSE
RESEARCH ORG., BILL ANALYSIS 1,3, Tex. C.S.S.B. 1 1 1,74th Leg., R.S. (1 995).
Because the child-safety-zone statutes and municipal residence restrictions are not
inconsistent and because the child-safety-zone statutes do not "with unmistakable clarity" preempt
a home-rule municipality's authority to legislate in this area, we conclude that state law does not
preempt municipal residence restrictions generally.2 Dallas Merchant's & Concessionaire S Ass 'n,
852 S.W.2d at 491.
11. Whether Residence Restrictions Adopted by Home-Rule Municipalities Contravene
Various Provisions of the Texas Constitution
You also ask whether article I, section 3 or 19, "or any other provision of the Texas
Constitution" limits a home-rule municipality's authority to adopt residence restrictions. Request
Letter, supra note 1, at 2. Article I, section 3, like its federal counterpart found in the Fourteenth
Amendment to the United States Constitution, guarantees "all persons similarly situated . . . equal
protection under the laws of this [sltate and of the United States." Nonn v. State, 117 S.W.3d 874,
881-82 (Tex. Crim. App. 2003); see TEX. CONST. art. I, 5 3; see also U.S. CONST. amend. XIV,
5 1. Texas cases apply federal standards "when determining whether a statute violates equal
protection under either provision." Rose v. Doctors Hosp., 801 S.W.2d 841,846 (Tex. 1990). Under
those standards, when a law creates a classification that "does not infringe upon fundamental rights
or does not burden an inherently suspect class, equal protection requires only that the statutory
classification . . . rationally relate[] to a legitimate state interest." Id. "In determining whether or
not a state law violates the Equal Protection Clause," a court must "consider the facts and
circumstances behind the law, the interests [that] the State claims to be protecting, and the interests
of those who are disadvantaged by the classification." Williams v. Rhodes, 393 U.S. 23,30 (1968).
Given that we have no particular municipal ordinance before us here, we cannot perform an equal-
protection analysis. Courts that have considered specific state statutory residence restrictions in the
'Several bills already have been filed for the Eightieth Legislative Session that prescribe state-wide residence
restrictions for sex offenders. See, e.g., Tex. S.B. 94,SOth Leg., R.S. (2007); Tex. S.B. 88,SOth Leg., R.S. (2007); Tex.
H.B. 203,XOth Leg., R.S. (2007); Tex. H.B. 62,SOth Leg., R.S. (2007). We do not consider in this opinion whether any
of these bills, if adopted, will preempt municipal residence restrictions.
Page 114 of 123
The Honorable Jane Nelson - Page 5 (GA-0526)
context of an equal-protection analysis, however, have held that the residence restrictions do not
impinge upon fundamental rights or burden an inherently suspect class and that the residence
restrictions rationally relate to the state's legitimate interest in promoting children's safety. The
residence restrictions that have been considered thus were found not to violate the Federal Equal
Protection Cla~se.~
Article I, section 19 of the Texas Constitution, which prohibits the deprivation "of life,
liberty, property, privileges, or immunities" without "due course of the law," is nearly identical to
the Federal Due Process Clause, which is found in the Fourteenth Amendment to the United States
Constitution. See Univ. of Tex. Med. Sch. v. Than, 901 S.W.2d 926, 929 (Tex. 1995). Compare
TEX. CONST. art. I, tj 19, with U.S. CONST. amend. XIV, 5 1. In matters of procedural due process,
Texas courts traditionally follow "contemporary federal due process interpretations of procedural
due process issues." Than, 901 S.W.2d at 929. A court's review of a due-process claim requires a
two-part analysis: (1) whether the liberty or property interests allegedly involved are entitled to
procedural due-process protection; and (2) if so, what process is due. Id. The Texas Supreme Court,
quoting the United States Supreme Court, has indicated that the liberty interests protected by
procedural due process mirror those protected by the constitutional equal-protection guarantees:
In defining the scope of protected liberty interests under the
Fourteenth Amendment, the United States Supreme Court has stated
that a liberty interest:
[Dlenotes not merely freedom from bodily restraint but also the right
of the individual to contract, to engage in any of the common
occupations of life, to acquire useful knowledge, to mky, establish
a home and bring up children, to worship God according to the
dictates of one's own conscience, and generally to enjoy those
privileges long recognized . . . as essential to the orderly pursuit of
happiness by free men.
Id. at 929-30 (quoting Bd. of Regents of State Colleges v. Roth, 408 U.S. 564, 572 (1972)). A
property interest to which procedural due process applies is one that is either vested or springs from
state law. See Pickell v. Brooks, 846 S.W.2d 421,426 (Tex. App.-Austin 1992, writ denied).
3See Weems v. Little Rock Police Dep't, 453 F.3d 1010, 1013, 1016 (8th Cir. 2006) (considering the
constitutionality of an Arkansas law prohibiting certain high-risk sex offenders fi-om residing within 2,000 feet of the
property on which a public or private elementary or secondary school or daycare facility is located); Doe v. Miller, 405
F.3d 700, 704, 71 1-14 (8th Cir.) (considering the constitutionality of an Iowa statute that prohibits a person convicted
of certain sex offenses from residing within 2,000 feet of a school or registered child-care facility), cert, denied, 126 S.
Ct. 757 (2005); Graham v. Henry, No. 06 CV 381 TCK FHM, 2006 WL 2645130, at *1, *8 (N.D. Okla. 2006)
(considering the constitutionality of an Oklahoma statute prohibiting certain sex offenders fi-om residing within 2,000
feet of a public or private school, educational institution, playground, park, or licensed child-care facility); People v.
Leroy, 828 N.E.2d 769,775,778 (Ill. App. Ct. 2005) (considering the constitutionality of an Illinois statute prohibiting
certain sex offenders from knowingly residing within 500 feet of a playground or a facility providing programs or
services exclusively directed toward persons under 18 years of age).
Page 115 of 123
The Honorable Jane Nelson - Page 6 (GA-0526)
Whether, in a particular instance, a sex offender subject to a municipal residence restriction
can succeed in a case alleging that the residence restriction violates his or her constitutional right to
procedural due process is a question that a court must decide after determining the relevant facts.
See Tex. Att'y Gen. Op. No. GA-0446 (2006) at 18 ("Questions of fact are not appropriate to the
opinion process."). To date no sex offender has successfully persuaded a court that a residence
restriction violated the offender's procedural due process rights. See, e.g., Doe, 405 F.3d at 709
(concluding that the absence of an individualized hearing to determine a sex offender's
dangerousness "does not offend principles of procedural due process"); State v. Seering, 70 1 N. W.2d
655, 666 (Iowa 2005) (finding that the plaintiff "has not even explained how the [Iowa] residency
restriction statute" violates "a private interest in freedom of choice in residence").
Finally, you ask if any other provision of the Texas Constitution limits a home-rule
municipality's authority to impose residence restrictions. See Request Letter, supra note 1, at 2. We
know of no Texas case considering challenges to residence restrictions on state constitutional
grounds. We note, however, that sex offenders in other states have raised numerous federal
constitutional provisions, but none have successfully argued that a residence restriction was
unconstit~tional.~ Given the fact-intensive nature of any constitutional analysis of a specific home-
rule municipality's ordinance, we will not consider the possible claims generally here.
4See, e.g., Weems, 453 F.3d at 10 15, 10 17 (holding that Arkansas statutory residence restriction does not violate
constitutional substantive due-process principles, does not violate a constitutional right to travel, and is not an
unconstitutional ex post facto law); Doe, 405 F.3d at 708, 709-23 (holding that Iowa's statutory residence restriction
is not unconstitutionally vague, does not violate substantive due process, does not violate the right against self-
incrimination, and is not an ex post facto law); Graham, 2006 WL 2645130, at *4-*10 (concluding, in the context of
a motion for a preliminary injunction, that Oklahoma's statutory residence restriction did not violate the constitutional
prohibition against double jeopardy, substantive due-process principles, or the Privileges and Immunities Clause of the
Fourteenth Amendment); Coston v. Petro, 398 F. Supp. 2d 878, 880, 887 (S.D. Ohio 2005) (noting sex offender's
arguments that an Ohio statutory residence restriction that prohibits a sex offender from residing within 1,000 feet of a
school premises infringes on the fundamental right of privacy in family matters and the fundamental right of intrastate
travel and violates the constitutional right against impairment of contracts, the right against self-incrimination, the Ex
Post Facto Clause, and the Takings Clause ofthe Fifth Amendment); Seering, 701 N.W.2d at 665,66649,670 (holding
that Iowa's statutory residence restriction does not violate substantive due process, the Ex Post Facto Clause, or the right
against self-incrimination, and did not constitute unconstitutionally cruel and unusual punishment); Leroy, 828 N.E.2d
at 776-77,778-84 (holding that Illinois statutoryresidence restrictions do not violate substantive due-process principles,
constitute an ex post facto law, violate the prohibition against self-incrimination, or constitute cruel and unusual
punishment); Denson v. Georgia, 600 S.E.2d 645, 64647 (Ga. Ct. App. 2004) (concluding that Georgia's statutory
residence restriction, which prohibits a sex offender from residing within 1,000 feet of a day-care facility, is not an ex
post facto law because the sex offender can be punished only if he "prospectively chooses to violate the law by
continuing to reside" within the prohibited zone).
Page 116 of 123
The Honorable Jane Nelson - Page 7 (GA-0526)
SUMMARY
State law does not preempt a home-rule municipality's
ordinance prohibiting registered sex offenders from living within a
specified distance from locations where children typically congregate.
Whether a particular ordinance is permitted by the Texas Constitution
is a question that must be determined by a court after considering all
of the relevant facts applicable to a specific ordinance; to date,
however, no court has found that a statutory residence restriction
violates any federal constitutional provision.
Very truly yours,
Attorney Meral of Texas
KENT C. SULLIVAN
First Assistant Attorney General
ELLEN L. WITT
Deputy Attorney General for Legal Counsel
NANCY S. FULLER
Chair, Opinion Committee
Kymberly K. Oltrogge
Assistant Attorney General, Opinion Committee
Page 117 of 123
TOWN COUNCIL COMMUNICATION
MEETING DATE: June 10, 2024
FROM: Brandon Wright, Town Manager
AGENDA ITEM: Consider designating three council members to serve on a council
subcommittee formed for the purpose of providing fiduciary oversight of the
budget, as well as providing input regarding the administration of the budget
and the budget process. (Brandon Wright, Town Manager)
BACKGROUND/SUMMARY: Article 1.02.033 "Council subcommittee" of the Trophy Club Town
Code states that "At the first meeting in June of each year, the town council shall take action to
designate three (3) of its members to serve on a council subcommittee formed for the purpose
of providing fiduciary oversight of the budget, as well as providing input regarding the
administration of the budget and the budget process. The subcommittee shall meet with town
staff and shall provide updates to the full council as the budget is developed."
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: N/A
LEGAL REVIEW: N/A
ATTACHMENTS:
None
ACTIONS/OPTIONS:
Staff recommends that the Town Council move to designate three council members to serve on
a council subcommittee formed for the purpose of providing fiduciary oversight of the budget,
as well as providing input regarding the administration of the budget and the budget process.
Page 118 of 123
TOWN COUNCIL COMMUNICATION
MEETING DATE: June 10, 2024
FROM:
AGENDA ITEM: Consider designating three council members to serve on a Town Council
Appointments Committee tasked with making recommendations to the full
Council regarding appointments to all Boards, Commissions, and
Corporations. (Brandon Wright, Town Manager)
BACKGROUND/SUMMARY: The Trophy Club Handbook for Elected and Appointed Officials
states that "At the first Town Council meeting in June, the Council shall establish a Town
Council Appointments Committee tasked with making recommendations to the full Council
regarding appointments to all Boards, Commissions, and Corporations (hereinafter
'Appointments Committee'). The Appointments Committee shall be comprised of three (3)
Council members, and the Committee shall have the discretion to add additional non-voting ex-
officio members to the Committee as determined appropriate."
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: N/A
LEGAL REVIEW: N/A
ATTACHMENTS:
None
ACTIONS/OPTIONS:
Staff recommends that the Town Council move to designate three council members to serve on
a Town Council Appointments Committee tasked with making recommendations to the full
Council regarding appointments to all Boards, Commissions, and Corporations.
Page 119 of 123
TOWN COUNCIL COMMUNICATION
MEETING DATE: June 10, 2024
FROM: Denise Deprato, Director of Human Resources
AGENDA ITEM: Section 551.076 and 551.089 to deliberate the deployment, or specific
occasions for implementation, of security personnel, critical infrastructure, or
security devices; or a security audit.
a. Consider a resolution directing the Town Manager to utilize $200,000
dedicated to Town Hall building improvements in the FY 2024 Capital
Improvement Plan to provide security enhancements to Town
facilities. (Denise Deprato, Director of Human Resources)
BACKGROUND/SUMMARY: The Town of Trophy Club’s facilities require physical security
enhancements to ensure the safety and well-being of residents, employees, and visitors. A
recent security audit recommended improvements to the Town's security infrastructure,
surveillance systems, access controls, and integrated emergency response protocols. With
these recommended improvements, Trophy Club will be proactively addressing issues to
prevent potential security breaches and improve emergency response. Current and modern
security measures will act as a natural deterrent against crime and improve the Town's ability
to respond to active threats.
Contracts that are valued at $25,000 or more for this purpose will be presented at future
meetings of the Town Council for consideration, per the Town Charter. The attached resolution
authorizes the Town Manager to dedicate Town Hall improvement funding specifically to
security items and to solicit vendors and firms to perform the necessary upgrades. Contracts
valued below the $25,000 threshold will be executed by the Town Manager.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: Funding for the security enhancements will be funded by the FY 2024 Capital
Improvement Projects budget.
LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the resolution as to form and
legality.
ATTACHMENTS:
1. Resolution - Town Security Enhancements
Page 120 of 123
ACTIONS/OPTIONS:
Staff recommends that the Town Council move to approve the direct at the resolution directing
the Town Manager to utilize $200,000 dedicated to Town Hall building improvements in the FY
2024 Capital Improvement Plan to provide security enhancements to Town facilities.
Page 121 of 123
TOWN OF TROPHY CLUB
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS, APPROVING A RESOLUTION DIRECTING THE TOWN
MANAGER TO UTILIZE $200,000 DEDICATED TO TOWN HALL
BUILDING IMPROVEMENTS TO PROVIDE SECURITY
ENHANCEMENTS TO TOWN FACILITIES.
WHEREAS, a recent security audit has revealed significant vulnerabilities in the current
security infrastructure; and
WHEREAS, the Town facilities require physical enhancements to ensure the safety and
well-being of residents, employees and visitors; and
WHEREAS, investing in updating modern security measures, and training for Town
employees and Town Council will enhance the Town’s readiness in crisis situations.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
SECTION 1. That the Town Manager is hereby directs to utilize $200,000, originally
dedicated to Town Hall building improvements, to provide security enhancements to Town
facilities.
PASSED and APPROVED by the Town Council of the Town of Trophy Club, Texas
on this the 10th day of June 2024.
Jeannette Tiffany,
Mayor
ATTEST:
Tammy Dixon, Town Secretary
APPROVED TO AS FORM:
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2
Dean Roggia, Town Attorney
Page 123 of 123