Agenda Packet TC 02/23/2016 - Special Session
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Town CouncilPage 3 of 101Meeting Date: February 23, 2016
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Town CouncilPage 4 of 101Meeting Date: February 23, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-103-T Version:1 Name:
Type:Agenda Item Status:Executive Session
File created:2/13/2016 In control:Town Council
On agenda:2/23/2016 Final action:
Title:Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter
551 (Texas Open Meetings Act), the Council will convene into executive session to discuss the
following:
A.Section 55.1.074 Personnel Matters to discuss or deliberate the appointment, employment,
evaluation, reassignment, duties, discipline or dismissal of a public officer or employee and Section
551.071 (1) and (2) Consultation with Attorney seeking advice of its attorney regarding pending or
contemplated litigation or a settlement offer or to consult with its attorney on a matter in which the duty
of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the
State Bar of Texas clearly conflict with the Open Meetings Act.
1.Patricia Adams, Town Attorney - Terms of employment
B.Section 551.071 “Consultation with Attorney” under Subsection (1) when the governmental
body seeks the advice of its attorney about pending or contemplated litigation and Subsection (2) for
consultation with its attorney on a matter in which the duty of the attorney to the Governmental Body
under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the
Open Meetings Act (551.071(1) and (2)).
1.Legal Advice regarding water rate review and appeal pending at Public Utility Commission of
Texas.
Attachments:
DateVer.Action ByActionResult
PursuanttothefollowingdesignatedsectionsoftheTexasGovernmentCode,Annotated,Chapter551(TexasOpen
Meetings Act), the Council will convene into executive session to discuss the following:
A.Section55.1.074PersonnelMatterstodiscussordeliberatetheappointment,employment,evaluation,
reassignment,duties,disciplineordismissalofapublicofficeroremployeeandSection551.071(1)and(2)
ConsultationwithAttorneyseekingadviceofitsattorneyregardingpendingorcontemplatedlitigationorasettlement
offerortoconsultwithitsattorneyonamatterinwhichthedutyoftheattorneytotheGovernmentalBodyunderthe
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act.
1.Patricia Adams, Town Attorney - Terms of employment
B.Section551.071“ConsultationwithAttorney”underSubsection(1)whenthegovernmentalbodyseekstheadvice
ofitsattorneyaboutpendingorcontemplatedlitigationandSubsection(2)forconsultationwithitsattorneyona
matterinwhichthedutyoftheattorneytotheGovernmentalBodyundertheDisciplinaryRulesofProfessional
Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act (551.071(1) and (2)).
1.Legal Advice regarding water rate review and appeal pending at Public Utility Commission of Texas.
Town CouncilPage 5 of 101Meeting Date: February 23, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-104-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:2/13/2016 In control:Town Council
On agenda:2/23/2016 Final action:
Title:Consider and take appropriate action regarding the Executive Session.
Attachments:
DateVer.Action ByActionResult
Consider and take appropriate action regarding the Executive Session.
Town CouncilPage 6 of 101Meeting Date: February 23, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-90-T Version:1 Name:
Type:Agenda Item Status:Consent Agenda
File created:2/13/2016 In control:Town Council
On agenda:2/23/2016 Final action:
Title:Consider and take appropriate action regarding the Minutes dated January 26, 2016.
Attachments:Draft TC Minutes January 26, 2016.pdf
DateVer.Action ByActionResult
Consider and take appropriate action regarding the Minutes dated January 26, 2016.
Town CouncilPage 7 of 101Meeting Date: February 23, 2016
MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Tuesday, January 26, 2016 at 7:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, January 26, 2016. The
meeting was held within the boundaries of the Town and was open to the public.
STATE OF TEXAS §
COUNTY OF DENTON §
TOWN COUNCIL MEMBERS PRESENT:
C. Nick Sanders Mayor
Greg Lamont Mayor Pro Tem, Place 5
Jim Parrow Council Member, Place 1
Garrett Reed Council Member, Place 2
Rhylan Rowe Council Member, Place 3 arrived at 7:07 p.m.
Tim Kurtz Council Member, Place 4
Philip Shoffner Council Member, Place 6
STAFF AND GUEST(S) PRESENT:
Stephen Seidel Town Manager
Patricia Adams Town Attorney
Steven Glickman Assistant Town Manager/CFO
Holly Fimbres Town Secretary/RMO
Adam Adams Parks and Recreation Director
Patrick Arata Police Chief
Pat Cooke Development Services Manager
April Reiling PIO/Marketing Manager
Ron Ruthven Town Planner
Mayor Sanders announced the date of Tuesday, January 26, 2016, called the Town Council to order and announced
a quorum at 7:00 p.m.
The Invocation was offered by Mayor Sanders.
The Pledges were led by Council Member Shoffner.
CITIZEN PRESENTATIONS
This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda.
The Council is not permitted to take action on or discuss any presentations made to the Council at this time
concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to
the Council addressing those items. You may speak up to four (4) minutes or the time limit determined by the
Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the
topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority.
There were no citizen presentations.
Town CouncilPage 8 of 101Meeting Date: February 23, 2016
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one
motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed
from the consent agenda and will be considered separately.
1. Consider and take appropriate action regarding financial and variance report dated December 2015.
2. Consider and take appropriate action regarding the First Quarter Investment Report for Fiscal Year 2016.
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to approve the Consent Agenda
Items 1 and 2.
Motion passed unanimously.
Town Manager Seidel commented that Town Staff have made a concerted effort to increase investment yields for
the Town, regarding the Investment Report. He added that it is anticipated that total investment earnings will
exceed in Fiscal Year 2016 by approximately $25,000 more than in Fiscal Year 2015, which is about a 600 percent
increase over the prior year.
PUBLIC HEARING
3. Conduct a public hearing regarding an amendment to Ordinance No. 95-20 P&Z, PD Planned Development
District No. 13, amending Exhibit “C”, "Development Standards” to adopt regulations for on-premises
signage for Tract 3, Meat U Anywhere restaurant, Lot 3, The Village, located at 91 Trophy Club Drive, Case
PD-AMD-16-047.
Mayor Sanders opened the public hearing at 7:05 p.m.
There was no one present that wished to speak regarding the item.
Mayor Sanders closed the public hearing and reconvened into Regular Session at 7:07 p.m.
REGULAR SESSION
4. Consider and take appropriate action regarding an amendment to Ordinance No. 95-20 P&Z, PD Planned
Development No. 13, amending Exhibit "C", "Development Standards" to adopt regulations for on-premises
signage for Tract 3, Meat U Anywhere restaurant, Lot 3, The Village, located at 91 Trophy Club Drive, Case
PD-AMD-16-047.
Town Planner Ruthven advised that a requirement of PD 13 is that the signage is approved as an amendment to
the ordinance. He stated that the proposed signage plan included five wall signs, one monument sign, and red LED
banding around the building and around the monument sign. Additionally, he advised that the Planning and
Zoning (P&Z) Commission approved the signage plan on January 21, 2016, subject to the following conditions:
That the sign package be approved as submitted specifying the following waivers:
1.That one 9’5” high monument sign be allowed as shown on the plans to include a red LED band;
2.That five wall signs be allowed as shown on the plans (south elevation – two signs, east elevation – two
signs, west elevation – one sign)
3.That red LED banding be allowed on the building as shown on the plans
4.That any potential trademark issues regarding use of the Towns logo for the sign be reviewed and
reported by the Town Attorney prior to the final Council vote
Town Planner Ruthven stated that Staff recommended approval of the signage plan, as presented with the Town’s
logo, with the ability to present a separate agreement to the Council regarding the Town’s trademark.
Town Council Minutes January 26, 2016 Page 2 of 10
Town CouncilPage 9 of 101Meeting Date: February 23, 2016
Dennis Sheridan, Chair of the P&Z Commission, was present to address any questions.
Main Motion:
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to approve Ordinance No. 2016-02
P&Z, an amendment to Ordinance No. 95-20 P&Z, PD Planned Development No. 13, amending Exhibit "C",
"Development Standards" to adopt regulations for on-premises signage for Tract 3, Meat U Anywhere restaurant,
Lot 3, The Village, located at 91 Trophy Club Drive, as presented with a separate agreement regarding the Town’s
logo.
Motion to Amend:
Motion to Amend was made by Mayor Sanders to strike the Town logo being on the building and the design.
Motion failed for lack of a second.
The vote for the Main Motion was taken, to approve Ordinance No. 2016-02 P&Z, an amendment to Ordinance No.
95-20 P&Z, PD Planned Development No. 13, amending Exhibit "C", "Development Standards" to adopt regulations
for on-premises signage for Tract 3, Meat U Anywhere restaurant, Lot 3, The Village, located at 91 Trophy Club
Drive, as presented with a separate agreement regarding the Town’s logo.
Motion carried 6-1-0 with Mayor Pro Tem Lamont and Council Members Parrow, Reed, Rowe, Kurtz, and Shoffner
voting for, and Mayor Sanders voting against.
5. Consider and take appropriate action regarding design modifications of the new Joint Police and Town Hall
facility; receive an update from Tom Batenhorst with GSBS and Steele & Freeman, Inc. the Town’s
Construction Manager at Risk, discussion of same.
Town Manager Seidel stated that the intent of this item was to receive an update regarding the facility and to have
the Council provide some feedback regarding design options.
Tom Batenhorst, Principal with GSBS, presented the forecasted project schedule and stated that they anticipated
that the final detailing of the project would be completed by March 1, 2016; at that point the project would be
turned over to Steele & Freeman, Inc. for their formal bidding process. He discussed using a Pavestone retaining
wall system at the rear of the property, which would result in cost savings, as opposed to using a Recon retaining
wall system. He addressed the downside of using a Pavestone retaining wall, which would be that additional space
would be needed behind the wall and would eliminate approximately five trees. Additionally, he discussed the
reduction on landscaping along the top side of the wall and eliminating thirty-five (35) parking spaces that were
not needed to meet code.
Council Member Shoffner inquired if the road behind the project was needed and pointed out the possibility that
trees could be planted in that area at a future time.
Town Manager Seidel stated that the road was not needed and advised that currently there is no longer a road
within that area. He stated that Staff proposed to relocate the twelve (12) inch water line that runs diagonally
through the property.
Mr. Batenhorst discussed relocating the water line so that it does not interfere with the paving process and any
future development.
Town Manager Seidel advised that the construction budget needed to be reduced by approximately $600,000 and
he discussed potential revenue sources to offset costs of the site and building, for example Crime Control and
Prevention District (CCPD) and storm drainage funds.
Town Council Minutes January 26, 2016 Page 3 of 10
Town CouncilPage 10 of 101Meeting Date: February 23, 2016
Mr. Batenhorst and David Marsh, Vice President of Preconstruction with Steele & Freeman, Inc., advised that the
bidding process will end on March 31, 2016, and that the current budget illustration is based on historical
information and competitive sub-contractor estimates.
Town Manager Seidel advised that currently the building and the site is approximately $640,000 over budget which
includes furniture, fixtures, and equipment (FF&E) and audiovisual, after the proposed $347,776.60 cost reduction
analysis.
Mayor Sanders received no objections to move forward with the accepted $347,776.60 reductions from the cost
reduction analysis.
Mayor Sanders received no objections to move forward with removing the thirty-five (35) parking spaces, that
would save $44,151, and to review potential alternative funding sources.
Discussion took place that there is approximately 300 feet of water line that will need to be lowered and that it
was more economically feasible to proceed with the relocation prior to the construction in order to save potential
repairs. Additional discussion took place that it would not be feasible to eliminate the attic space, which will be
able to be used for storage.
Council Member Rowe stated that he would recommend the full savings of $36,190 regarding item number 7,
landscape reduction-trees and shrubs at top of retaining wall, which would add an additional $6,190 to the
accepted cost savings.
Mayor Sanders received no objections to move forward with Council Member Rowe’s recommendation.
Mayor Sanders received no objections to keep the attic storage area.
Discussion ensued regarding using CCPD as a funding source for the security fence and using the storm drainage
fund.
Council Member Shoffner recommended rejecting item number 16, electrical feeders to be aluminum in lieu of
copper, because he would prefer the entire wiring system to be copper.
Mayor Sanders received consensus to move forward with the following proposed changes:
1)Accepted - Remove limestone at plaza, add stained and scored concrete
2)Rejected - Change site lighting to MH from LED
3)Accepted - Use a Pavestone retaining wall versus a Recon retaining wall
4)Rejected - Adding 1” of concrete to remove lime stabilization
5)Accepted - Parking deleted 35 spaces and associated drive lane and to move forward with alternate
funding
6)Accepted - Substitute Lafayette fence for Amiristar fence
Mr. Batenhorst advised that there is a portion of the fence that will have to be installed on top of the retaining
wall. Mayor Sanders discussed that if the security fence had to be eliminated there could be potential to install it
at a future date and possibly use CCPD funding.
Mayor Sanders received consensus to move forward with the following proposed changes:
7)Accepted – Landscape reduction-trees and shrubs at top of retaining wall for the full valued amount of
$36,190
8)Accepted – Landscape-broadcast seed in lieu of hydromulch at native vegetation area north of retaining
wall
9)Accepted – Additional 12” water line (relocate to north side of property)
10)Rejected – Delete attic space
Town Council Minutes January 26, 2016 Page 4 of 10
Town CouncilPage 11 of 101Meeting Date: February 23, 2016
Council Member Reed commented that regarding item number 11, delete folding partition and steel structure, the
purpose for Council Chambers was to allow the community to use it. He pointed out that the cost to install the
security fence, which could be done at a future time, could cover the cost of the partition.
Council Member Shoffner inquired about scaling the security fence down to allow for cost savings.
Police Chief Arata stated that the facility will be in close proximity to the hotels and highway and that he did not
have an issue with waiting to install the security fence, which would secure vehicles, maintenance trucks, and
equipment.
Council Member Shoffner believed that it could be in their best interest of the community to proceed with the
design of the security fence, such as electrical, and install the fence at a future date in order to allow for as much
meeting space as possible.
Council Members Parrow and Kurtz pointed out that there will be two additional meeting spaces and inquired if a
third meeting space was necessary.
Mr. Batenhorst advised that something for the Council to consider would be to fund approximately $6,000 for the
structure above the ceiling to install the partition at a future date using any contingency funds available at the end
of construction.
Main Motion:
Motion made by Mayor Sanders, seconded by Council Member Rowe, to instruct the Town Manager to proceed
with construction plans allowing for the structural installation for the folding wall but eliminate the folding wall
itself until a future date.
Mayor Sanders stated that the motion will allow an approximate cost savings of $30,000, permit the necessary
structural design to be done now, and purchase the partition at a later date.
Motion to Amend:
Motion to Amend made by Council Member Shoffner, seconded by Council Member Reed, to proceed with adding
the partition.
Mayor Sanders ruled the motion to amend out of order.
The vote for the Main Motion was taken, to instruct the Town Manager to proceed with construction plans
allowing for the structural installation for the folding wall but eliminate the folding wall itself until a future date.
Motion carried 4-3-0 with Mayor Sanders, Mayor Pro Tem Lamont, and Council Members Parrow and Kurtz voting
for, and Council Members Reed, Rowe, and Shoffner voting against.
Mayor Sanders received consensus to move forward with the following proposed changes:
12)Accepted – Carpet to VCT at PD hallways
13)Accepted – Lobby logo to “TC” letters
14)Accepted - Canopy deduct alternate (three doors on PD side and one on Town Hall side)
15)Accepted - Delete window mecho shades (inside)
Town Manager Seidel advised that Staff is exploring moving item number 15 to FF&E.
Mayor Sanders received consensus to move forward with the following proposed changes:
16)Rejected - Electrical feeders to be aluminum in lieu of copper
17)Accepted – Generator allowance reduced by approximately 30 percent capacity to 300kw 600 amp
generator
Town Council Minutes January 26, 2016 Page 5 of 10
Town CouncilPage 12 of 101Meeting Date: February 23, 2016
Mr. Batenhorst recommended that during an outage, the Police Department would continue to have air
conditioning and power, and selected areas on the Town Hall side would have power.
Council Member Rowe commented that this item could possibly be further refined as long as essential functions
are able to be performed.
6.Consider and take appropriate action regarding an Agreement between the Town of Trophy Club and
Trophy Club Soccer Club d/b/a Greater Northwest Soccer Association; and authorizing the Mayor or his
designee to execute all necessary documents.
Assistant Town Manager/CFO Glickman provided an update regarding the item and stated that according to the
Secretary of State’s Office the legal name is Trophy Club Soccer Club and they have filed with Denton County to do
business as Greater Northwest Soccer Association. Additionally, he stated that the North Texas State Soccer
Association provided a letter that they are a participating member in good standing and are recognized under their
federal tax identification number as an affiliate.
Mayor Pro Tem Lamont inquired about the corporation being a non-profit organization with the state.
Matt Tibbets, President of Trophy Club Soccer Club d/b/a Greater Northwest Soccer Association, stated that in
1985, when the group was originally formed, they went to the State and registered as Trophy Club Soccer Club,
and about seven to eight years later the previous administration changed the name to Greater Northwest Soccer
Association. The association filed with the IRS under the name Greater Northwest Soccer Association, but they did
not go back to the State to officially change the name. He stated that they file with their parent organization,
North Texas Soccer, as a 501(c)(3). He advised that they do want to change their name to Greater Northwest
Soccer Association and that he has contacted a tax attorney to proceed with the process to file an LLC down the
road. Additionally, he advised that soccer has an international body, national body, and a state body and that they
are all connected, and that they can file with North Texas Soccer as a group affiliate.
Council Member Shoffner commented that under the North Texas Soccer website they were listed under the
associations youth division but they were not listed under the adult division. He inquired if everyone would be
covered under their association if an injury occurred.
Mr. Tibbets stated that everyone is covered because they all register under North Texas Soccer and are covered
under the insurance policy. He discussed the history that Grapevine was the association that hosted adults, and
since then they are adjusting to northern mid-cities which is their play in league. Additionally, he stated that the
insurance policy and background checks are through North Texas State Soccer, which he will provide proof of
insurance to the Town.
Council Member Shoffner mentioned that the Organized Sports Council subcommittee made a modification to this
agreement requiring GNWSA to work with the required Town departments to produce a “community update” on
soccer following the end of each season and prior to the start of the following season, as opposed to other sports
agreements that require the association or board to attend a Council meeting and provide an update to the
Council within a certain timeframe. He added that the subcommittee would like to mirror this requirement in all
sports agreements.
Motion:
Motion made by Council Member Rowe, seconded by Council Member Reed, to approve an Agreement between
the Town of Trophy Club and Trophy Club Soccer Club d/b/a Greater Northwest Soccer Association; and
authorizing the Mayor or his designee to execute all necessary documents.
Motion passed unanimously.
Town Council Minutes January 26, 2016 Page 6 of 10
Town CouncilPage 13 of 101Meeting Date: February 23, 2016
7. Town Council to provide direction to Town Staff regarding the regulation of solar panels and the
interpretation, enforcement and regulation of roof shingle requirements in the Code of Ordinances insofar
as the requirements relate to solar panels.
Town Planner Ruthven advised that this item was to seek direction from the Council regarding how to proceed
with solar panels, specific to roof mounted solar panels. He advised that approximately twelve (12) homes have
roof mounted solar panel systems and that currently there are no allowances for them within the Town Code of
Ordinances. He believed that in the past, they have been allowed through an electrical permit but the current roof
shingle ordinance only allows architectural type roof shingles. He informed the Council that a request came
through early January 2016 and that Staff believed that there are no allowances for roof mounted solar panels
through the Code and roof shingle requirements. He noted that within Chapter 3, Section 11.06, of the Code of
Ordinances, there is an appeal process to the roof shingle requirements, which goes before the Council for a final
decision. Additionally, he stated that Staff is seeking direction from Council regarding the following: how to
proceed with the current solar panel electrical permit request; how to proceed with any further solar panel permit
requests; and how to proceed with any potential code or policy amendments and research regarding future solar
panel installation.
Council Member Rowe inquired if a separate section should be created specific to roof mounted solar panels.
Town Manager Seidel stated that Staff would like to have a section that is clear and specific to address the item.
Council Member Parrow pointed out that there are solar shingles manufactured that take the place of regular roof
shingles.
Mayor Sanders received consensus from the Council to instruct staff to proceed with the following: 1) allow for
solar panels to be controlled through a building permit; 2) not to be accomplished through roofing material; 3)
allow for stand-alone structures in some fashion; 4) use a building permit to address Item No. 3; and 5) receive
additional information specific to Flower Mound, Southlake, North Richland Hills, and Argyle solar panel
regulations.
Discussion took place regarding issuing a building permit versus an electrical permit, such that a building permit
addresses dimensions, size, weight, structural integrity, and how affixed to the structure.
Development Services Manager Cooke commented that Staff wanted to make sure Council was aware that the
current requested permit will have the solar panels in the rear of the house, but the panels will be visible from the
street because it is on a corner lot.
Council Member Reed stated that he would like to make sure to review how the solar panels will be connected to
the structure and to allow the Council to address the line of sight issue because that could affect neighboring
homes.
Mayor Sanders received consensus from the Council to move forward with the current solar panel request
consistent with how they have been processed in the past.
Larry Skinner, Regional Manager with PetersenDean Roofing, representing Mr. and Mrs. Snyder at 2817
Darlinghurst, advised that they received permission from the homeowners association (HOA) to install the system.
He stated that certain HOA’s require them to receive permission from the surrounding neighbors.
Council Member Rowe commented that he believed that it is often better to address these items through the HOA
if the neighborhoods have one.
Town Council Minutes January 26, 2016 Page 7 of 10
Town CouncilPage 14 of 101Meeting Date: February 23, 2016
8. Consider and take appropriate action regarding proposed Town Council meeting dates for February 2016.
Mayor Sanders received consensus from the Council to have a regularly scheduled Council meeting on February
19, 2016 at 5:30 p.m. and to have a special called Council meeting on February 23, 2016 at 7:30 p.m.
9. Town Council Liaison Updates; discussion of same.
*Parks and Recreation Board, January 18, 2016
Council Liaison - Council Member Philip Shoffner
Provided update, no action taken, just discussion.
10. Town Manager Seidel's update regarding the following; discussion and provide input regarding same.
*Candidate Filing Period
*Concealed Handgun License Class
*Highway 114 Sound Wall
Town Manager Seidel updated the Council and addressed questions, no action taken, update only.
11. Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular
Session Council Agenda for February 9, 2016 meeting and discussion of the Town Council Future Agenda
Items list.
This item allows Council to request the placement of items on upcoming agendas when the topic of discussion
requires research and review that cannot be accomplished in the time frame between regular Council meetings.
However, a Council Member may request that an item be placed on the next regularly scheduled meeting without
first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter
requirements.
Mayor Sanders pointed out that for several weeks the Council has had access to the proposed 2014 Code of
Ordinances that will be presented at the February 9, 2016 Council meeting. He suggested that if Council located
any typos or errors, to advise Staff of those items.
Discussion took place that the intent for the item on the February 9, 2016 Council agenda, regarding adoption of
day care standards of care, was to set standards for the day camp offered by the Town.
Town Manager Seidel advised that Item No. 3 from the Town Council Future Agenda Items List, Consider and take
appropriate action regarding adding a parking lot between the baseball fields (Reed 8/11/2015), will be discussed
at the Council Retreat on January 29, 2016.
Mayor Sanders requested to have Item No. 9 from the Town Council Future Agenda Items List, To open the Council
Rules of Procedure (Shoffner 11/10/2015), as an agenda item on the February 9, 2016 Council agenda.
Council Member Reed requested to add an item to the Town Council Future Agenda Items List: Discussion and
consideration of laws related to texting while driving inside the Town.
Mayor Sanders requested to add an item to the Town Council Future Agenda Items List: Discussion of Interlocal
Agreements with TCMUD No. 1 for Fire services and building services such as trash, drainage, etc.
Town Council Minutes January 26, 2016 Page 8 of 10
Town CouncilPage 15 of 101Meeting Date: February 23, 2016
EXECUTIVE SESSION
12. Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will convene into closed
executive session as authorized by:
A. Section 551.071 “Consultation with Attorney” under Subsection (1) when the governmental body seeks
the advice of its attorney about pending or contemplated litigation and Subsection (2) for consultation
with its attorney on a matter in which the duty of the attorney to the Governmental Body under the
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open
Meetings Act (551.071(1) and (2)).
(1) Legal Advice regarding water rate review and appeal pending at Public Utility Commission of Texas.
(2) Legal advice regarding the Fire Department Personnel Services and other Interlocal Agreements
with the Trophy Club Municipal Utility District No. 1.
B. Section 551.087 Deliberation Regarding Economic Development Negotiations to discuss or deliberate
the offer of financial or other incentives to a business prospect that the Town seeks to have locate
within the territory of the Town and Section 551.071 (2) "Consultation with Attorney", for Consultation
with the its attorney on a matter in which the duty of the attorney to the Governmental Body under the
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open
Meetings Act (551.071 (2)).
(1) Development incentives for business prospects and development and legal advice regarding
potential development, potential incentives and contractual agreements, and related matters.
CONVENED INTO EXECUTIVE SESSION - START TIME – 9:22 P.M.
RECONVENED INTO REGULAR SESSION - START TIME – 10:02 P.M.
RECONVENED INTO REGULAR SESSION
13. Consider and take appropriate action regarding the Executive Session.
Motion:
Motion made by Mayor Sanders, seconded by Council Member Parrow, to direct the Town Manager to continue
the search for Fire Chief and bring to Council a proposed Interlocal Agreement (ILA) with the Trophy Club
Municipal Utility District (TCMUD) No. 1 for Fire and EMS services to be under operational control of the Town
Management.
Mayor Sanders stated that at the last TCMUD No. 1 meeting, they canceled the ILA for Fire Department Personnel
Services and have not provided written notice to the Town as of yet; therefore he wanted to have the ability to
allow the Town Manager to proceed with this item since there is a limited amount of time to deal with it.
Council Member Reed spoke in favor of the motion and stated that the priority of the Town is to protect the safety
of the residents.
Council Member Rowe stated that the Town has a MUD that does not encompass the entire area of the Town and
that the Town has to decide how to provide service to both MUD and non-MUD residents, which will be through
an ILA with the TCMUD No. 1.
Town Council Minutes January 26, 2016 Page 9 of 10
Town CouncilPage 16 of 101Meeting Date: February 23, 2016
Council Member Parrow stated that this matter needed to be addressed by the end of September 2016, and that
he believed that the Fire/EMS personnel needed to know that this will be resolved.
Council Member Shoffner stated that during a TCMUD No. 1 meeting, a MUD Director discussed several groups
that had reviewed this ILA and they had all came to same conclusion, that under the current structure it does not
work and should have one reporting structure. Council Member Shoffner advised that the Blue Ribbon Panel was
made up of members who were not connected to the politics and that their conclusion was that the structure
should be under the Town. He believed that the Town’s primary responsibility was the safety of the residents.
Mayor Pro Tem Lamont commented that he was surprised by the lack of emotion shown by the MUD Directors
after they canceled the ILA.
Council Member Kurtz commented that the Council owed it to the Town and Fire/EMS personnel to prepare this
ILA and for it to be managed by one structure.
Mayor Sanders advised that he had requested from TCMUD No. 1 President Moss to provide the Town with the
delineated issues and what they wished to accomplish. He stated that Council is ready to pursue addressing this
matter.
The vote was taken.
Motion passed unanimously.
ADJOURN
Motion made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to adjourn. Motion carried
unanimously. Meeting adjourned at 10:10 p.m.
___________________________________ ___________________________________
Holly Fimbres, Town Secretary/RMO C. Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Minutes January 26, 2016 Page 10 of 10
Town CouncilPage 17 of 101Meeting Date: February 23, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-106-T Version:1 Name:
Type:Agenda Item Status:Consent Agenda
File created:2/19/2016 In control:Town Council
On agenda:2/23/2016 Final action:
Title:Consider and take appropriate action regarding a resolution authorizing the Texas Coalition for
Affordable Power, Inc. (TCAP) to negotiate an Electric Supply Agreement for five years for deliveries
of electricity effective January 1, 2018; authorizing TCAP to act as an agent of behalf of the Town to
enter into a contract for electricity; authorizing the Mayor to execute an electric supply agreement for
deliveries of electricity effective January 1, 2018 and committing to budget for energy purchases in
2018 through 2022 and to honor the Town’s commitments to purchase power for its electrical needs in
2018 through 2022 through TCAP.
Attachments:Staff Report - TCAP.pdf
RES 2016-05 - Authorizing TCAP to negotiate an electric supply agreement.pdf
DateVer.Action ByActionResult
ConsiderandtakeappropriateactionregardingaresolutionauthorizingtheTexasCoalitionforAffordablePower,Inc.
(TCAP)tonegotiateanElectricSupplyAgreementforfiveyearsfordeliveriesofelectricityeffectiveJanuary1,2018;
authorizingTCAPtoactasanagentofbehalfoftheTowntoenterintoacontractforelectricity;authorizingtheMayorto
executeanelectricsupplyagreementfordeliveriesofelectricityeffectiveJanuary1,2018andcommittingtobudgetfor
energypurchasesin2018through2022andtohonortheTown’scommitmentstopurchasepowerforitselectricalneeds
in 2018 through 2022 through TCAP.
Town CouncilPage 18 of 101Meeting Date: February 23, 2016
To: Mayor and Town Council
From:Steven Glickman, Assistant Town Manager/CFO
CC: Stephen Seidel, Town Manager
Holly Fimbres, Town Secretary
Re: TCAP
Town Council Meeting, February 23, 2016
Agenda Item:
Consider and take appropriate action regarding a resolution authorizing the Texas Coalition for
Affordable Power, Inc. (TCAP) to negotiate an Electric Supply Agreement for five years for
deliveries of electricity effective January 1, 2018; authorizing TCAP to act as an agent of behalf
of the Town to enter into a contract for electricity; authorizing the Mayor to execute an electric
supply agreement for deliveries of electricity effective January 1, 2018 and committing to
budget for energy purchases in 2018 through 2022 and to honor the Town’s commitments to
purchase power for its electrical needs in 2018 through 2022 through TCAP.
Explanation:
This resolution is designed to support the second of several opportunities for TCAP members to
contract for electricity for thepost-2017 time period. If interested in contracting for a five-year
term (2018-2022) during 2016, the authorizing resolution must be passed by the governing
body of the interested TCAP member by February 25, 2016. The deadline will allow definition
of the load to be served under each of three different electric supply options, which must be at
least a minimum of 50 megawatts. Also, the deadline will give the wholesale provider ample
opportunity to lock a fixed-price, equal to or less than a specific benchmark for each ERCOT
zone, before June 30, 2016. When that supply scenario is locked, each member that passed the
authorizing resolution must immediately sign a contract for that power.
As reflected in the fourth and seventh Whereas clauses, TCAP is anon-profit, political
subdivision corporation, owned and controlled by its 171 political subdivision members, the
vast majority of whom are cities. TCAP was formed in 2011 from the merger of Cities
Aggregation Power Project (“CAPP”) and South Texas Aggregation Project (“STAP”), both of
which were created in 2001, shortly before retail deregulation became effective on January 1,
2002. TCAP is governed by a 15 member board of directors, all of whom must be city
employees or elected city officials. Typically, board members have been mayors, city managers,
assistant city managers, finance directors or city attorneys.
As explained in the eleventh thru fourteenth Whereas clauses, after the size of the load for the
2015 contract opportunity is defined by February 25, 2016, TCAP’s supplier will look for an
Page 1 of 3
Town CouncilPage 19 of 101Meeting Date: February 23, 2016
opportunity to lock prices for the five-year term at or below specified benchmarks (4.1 – 4.25
cents per kWh). That may happen by the second week of March, but if it appears that prices
are trending downward, TCAP will direct its designated supplier, NextEra, to daily monitor the
market to hopefully capture a price under lower than benchmarked prices. The window of
opportunity for capturing a reasonable price at or below the benchmarks will expire by June 30,
2016. TCAP will develop another supply opportunity in the Fall of 2016 for any members not
contracting in this offering.
Whereas Clause 13 identifies three different supply options that TCAP has arranged as choices
for each member. Option 1 is a fixed price for all consumption regardless of time of day. The
price will not exceed 4.1 cents per kWh in the North and West ERCOT zones. It will not exceed
4.25 cents per kWh in the Houston and South zones. The actual price is likely to be less than
the benchmark prices. The prices will become effective January 1, 2018. Given that these
prices are to be locked in 2016 and will not expire until December 31, 2022, they are reflective
of the lowest prices for electricity experienced since the retail market was deregulated January
1, 2002. Generally speaking, there ought to be an expectation that the price of energy will
climb marginally for each year of the contract term beyond two years. The possibility of
locking-in energy prices at or below 4 cents per kWh for a period that terminates in seven years
is truly remarkable based upon the history of deregulation.
In the Spring of 2015, TCAP consultants received indicative fixed-prices around 4.5 cents per
kWh. They then developed two supply options to the fixed price full requirements contract
that offered attractive savings opportunities. Both Options 2 and 3 have variable components
related to the energy spot market. While the average spot price in the past three years has
been $32.14/Mwh (2013), $38.50/Mwh (2014), $25.53/Mwh (2015), respectively, it is
important to note that spot market prices can change every 15 minutes, therefore it is
impossible to provide members a precise price for Options 2 and 3. While they provide an
opportunity for savings off of the benchmarked prices for Option 1, savings cannot be
guaranteed, and thus Option 2 and 3 involve risk to that does not exist with Option 1. A TCAP
member that is completely risk adverse should select Option 1.
Option 2 fixes a price for the peak usage period and then turns to the spot market for all off-
peak usage. When TCAP was developing these products in 2014, there was a large enough gap
between fixed price options and spot prices that this option looked very attractive. Now, with
market prices at historic recent term lows, both spot prices and fixed prices have fallen and
their price differential has shrunk to the point that future savings from the spot market may not
be as great as the risk of future price increases. The following graph shows how low current
spot market prices have gone.
Page 2 of 3
Town CouncilPage 20 of 101Meeting Date: February 23, 2016
Option 2 was developed with the anticipation that spot prices during the off peak period would
be in the range of $10/MWh to $40/MWh ($0.01-$0.04/kWh) over time for spot purchases. Our
latest quotes for fully fixed priced products (Option 1) includes off peak pricing fixed at under
$20/MWh. These low Option 1 fixed prices for off peak usage may make it harder for future off
peak spot prices to create additional savings under Option 2 over time even though the
customer will be incurring market price risk.
Option 3 begins with the purchase of a block of power to cover the base use of all members
who commit to this option. Block power, since it is a firm commitment 24 hours a day, is the
cheapest form of energy available in the wholesale market. Daytime peak consumption will be
partly covered by a fixed price for solar power with all other consumption supplied by the spot
market.
In considering Option 2, TCAP consultants would tell you that with current prices about a half
cent less than the price that existed when Option 2 was conceptualized last Spring, it will be
difficult for Option 2 to generate savings sufficient to justify its selection. Option 3 with its
majority reliance on the cheapest form of energy has a greater probability than Option 2 of
producing savings over Option 1. But again, with such low Option 1 fixed priced products now
available to TCAP members, and since there are no guarantees that Options 2 or 3, which utilize
spot market pricing, will remain as attractive as they were even a few months ago.
Attachments:
Resolution No. 2016-05
Recommendation:
Staff recommends Council approve the resolution and option 1 to allow TCAP to act as an agent
of the Town and enter into a contract for electricity as presented.
Page 3 of 3
Town CouncilPage 21 of 101Meeting Date: February 23, 2016
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2016-05
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, AUTHORIZING THE TEXAS COALITION
FOR AFFORDABLE POWER, INC. (TCAP) TO NEGOTIATE AN
ELECTRIC SUPPLY AGREEMENT FOR FIVEYEARS FOR
DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2018;
AUTHORIZING TCAP TO ACT AS AN AGENT ON BEHALF OF THE
TOWN TO ENTER INTO A CONTRACT FOR ELECTRICITY;
AUTHORIZING THE MAYORTO EXECUTE AN ELECTRIC SUPPLY
AGREEMENT FOR DELIVERIES OF ELECTRICITY EFFECTIVE
JANUARY 1, 2018 AND COMMITTING TO BUDGET FOR ENERGY
PURCHASES IN 2018 THROUGH 2022AND TO HONOR THE TOWN’S
COMMITMENTS TO PURCHASE POWER FOR ITS ELECTRICAL
NEEDS IN 2018 THROUGH 2022 THROUGH TCAP.
WHEREAS,Trophy Club
1.the Townof , Texas (Town) is a member of Texas
Coalition For Affordable Power, Inc. (TCAP), a non-profit, political subdivision corporation
dedicated to securing electric power for its more than 170 members in the competitive retail
market; and
WHEREAS,
2.TCAP has unique rights under Texas law to negotiate directly in the
wholesale market and arrange separate contracts for power supply and retail services which
provides TCAP leverage to achieve contract provisions that single townnegotiations with a
Retail Electric Provider (REP) would be unlikely to produce; and
WHEREAS,
3.TCAP’s geographic diversity across all four ERCOT zones
produces an aggregated peak load that is lower than the total of individual peak loads of the
individual TCAP members, allowing price benefits in the wholesale market that are not likely to
be available to any given TCAP member alone; and
WHEREAS,
4.TCAP and its predecessor organizations, Cities Aggregation Power
Project, Inc. (CAPP) and South Texas Aggregation Project, Inc. (STAP), negotiated favorable
contract terms that resulted in rebates from the wholesale supplier and reasonable commodity
Town CouncilPage 22 of 101Meeting Date: February 23, 2016
prices for delivered electricity since 2002 resulting in stable budgets for electricity for members;
and
WHEREAS,
5.commodity prices for electricity experienced significant volatility
between 2002 and 2009, with prices ranging from 4 cents to over 13 cents per kWh, causing
CAPP and STAP members to welcome a five year contractual commitment that came close to
cutting the 2008 prices in half, with that contract being extended until December 31, 2017, with a
negotiated price reduction of about 1 cent per kWh; and
WHEREAS,
6.TCAP has become a forceful voice for consumer protections and
market reform to benefit the public and well as cities and other political subdivisions; and
WHEREAS,
7.TCAP is owned by its members and distributes monetary and other
resources according to relative load size of members and is controlled by a 15 member Board of
Directors, all of whom must be cityemployees of members who represent diversity in size and
geography; and
WHEREAS,
8.wholesale power prices within the deregulated Texas market are
largely determined by the NYMEX gas futures prices for natural gas which are currently low and
relatively stable, but which change daily; and
WHEREAS,
9.daily price changes require retail customers to execute a contract
immediately upon receipt of a favorable offer; and
WHEREAS
10., pursuant to Texas Local Government Code Section 252.022(a)(15)
expenditures for electricity are exempt from competitive bidding requirements; and
WHEREAS,
11.on any given day, TCAP is able to capture afavorable wholesale
price for any period of time, comparable to or better than any given REP or broker; and
RES 2016-05 Page 2 of 5
Town CouncilPage 23 of 101Meeting Date: February 23, 2016
WHEREAS
12., TCAPintends to continue to contract with its current wholesale
supplier, NextEra, because the relationship with NextEra is such that NextEra is willing, after it
knows the size of a given load, to execute a contract at or below prescribed price and terms; and
WHEREAS,
13.the Towndesires to execute a contract for electricity for the period
beyond the expiration of its current contract on December 31, 2017, that locks-in favorable
wholesale prices under one of three different supply options:
Option 1-fixed-price, full-requirements at a price not to exceed 4.1cents per kWhfor
the North and West zones or 4.25 cents per kWh for the South and Houston zones;
Option 2-fixed price for on-peak hours and variable spot market prices for off-peak
hours;
Option 3- block energy at a fixed price to cover the base load hours, a fixed price for
solar energy to cover mid-day peak hours (approximately 10% of total load) and variable spot
market prices for all remaining consumption; and
WHEREAS,
14.TCAP will allow members six weeks from receipt of this resolution
to consider whether to participate in this second opportunity to contract for post-2017 electrical
supply, and thereafter allow NextEra until June 30, 2016 to contact for power for fiveyears at a
price not to exceed 4.1 cents per kWh in the North and West zones and a price not to exceed 4.25
cents per kWh in the South and Houston zones for Option 1, so long as the aggregated load for
any of the three supply options reaches at least 50 megawatts; and
WHEREAS
15.,wholesale suppliers demand assurance that TCAP will pay for all
contracted load; and
WHEREAS
16.,the Townneeds to assure TCAP that it will sign a Commercial
Electric Supply Agreement (CESA) reflecting the contract extension and budget for energy
RES 2016-05 Page 3 of 5
Town CouncilPage 24 of 101Meeting Date: February 23, 2016
purchases for the post-2017 period and honor its commitment to purchase power for its electrical
needs for 2018 through 2022 through TCAP,
THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF Trophy Club, TEXAS:
Section 1.
That the TCAP Board of Directors and its consultants and advisors are agents authorized
to negotiate for the Town’s electricity needs as a member of TCAP for the period 2018
through 2022 at a price not to exceed 4.1cents per kWhfor the North and West zones
and a price not to exceed 4.25 cents per kWh in the Houston and South zones for supply
Option 1;
Section 2.
The Townprefers to participate in supply Option 1with the following understanding: a)
while supply Option 1is a full-requirements, fixed-price option, Options 2(fixed price
on-peak, variable spot prices for off-peak usage) and 3 (fixed price for base load, fixed
price for a portion of peakload, and variable spot market for remainder) have variable
price components and savings over Option 1cannot be guaranteed, and b)if there is
insufficient desire among members to achieve a 50 MW threshold for either Option 2or
3, the member selecting the inadequately subscribed option will be placed in the Option 1
category. If no option is selected, TCAP will assume that a passed Resolution approves
of Option 1.
Section 3.
Assuming this resolution is passed before February 25, 2016 and the combined load of
TCAP members passing this resolution exceeds 50 megawatts for the preferred Option
and NextEra is able to provide TCAP an opportunity prior to June 30, 2016 to contract
for power to be delivered to members at a price not to exceed 4.1cents per kWh for the
North and West zones and not to exceed 4.25 cents per kWh in the Houston and South
zones for supply Option 1for the period January 1, 2018 through December 31, 2022,the
Mayoris hereby authorized to sign an electric supply agreement for the Townwithin 24
hours of receipt of a contract that has been approved and recommendedby the TCAP
Board of Directors.
Section 4.
That the Townwill commit to purchase power to meet all of itselectricity needs eligible
for competition pursuant to the TCAP approved supply agreement and approve funds
necessary to pay electricity costs proportionate to the Town’s load under the supply
agreement (whether wholesale or retail) arranged by TCAP and signed by TCAP’s
RES 2016-05 Page 4 of 5
Town CouncilPage 25 of 101Meeting Date: February 23, 2016
Executive Director or President or other TCAP representatives authorized by the TCAP
Board.
Section 5.
That a copy of this resolution shall be sent to Jay Doegey, Executive Director,TCAP,
15455 Dallas Parkway, Suite 600, Addison, Texas 75001and Geoffrey M. Gay, legal
counsel to TCAP at 816 Congress Avenue, Suite 1900, Austin, Texas 78701.
PRESENTED AND PASSED
on this the 23rd day of February, 2016, by a vote of
ayes and nays at a regular meeting of the TownCouncil of Trophy Club,
Texas.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
\[SEAL\]
ATTEST:
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams , Town Attorney
Town of Trophy Club, Texas
RES 2016-05 Page 5 of 5
Town CouncilPage 26 of 101Meeting Date: February 23, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-92-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:2/13/2016 In control:Town Council
On agenda:2/23/2016 Final action:
Title:Consider and take appropriate action regarding design modifications of Trophy Club Town Hall;
receive an update from GSBS and Steele & Freeman, Inc.; discussion of same.
Attachments:
DateVer.Action ByActionResult
ConsiderandtakeappropriateactionregardingdesignmodificationsofTrophyClubTownHall;receiveanupdatefrom
GSBS and Steele & Freeman, Inc.; discussion of same.
Town CouncilPage 27 of 101Meeting Date: February 23, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-95-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:2/13/2016 In control:Town Council
On agenda:2/23/2016 Final action:
Title:Consider and take appropriate action regarding a Resolution relating to the giving of Notice of
Intention to issue Town of Trophy Club, Texas combination tax and revenue Certificates of Obligation,
Series 2016; and providing an effective date.
Attachments:Staff Report - Notice of Intent 2016 CO.pdf
RES 2016-04 - Notice of Intent 2016 CO.pdf
DateVer.Action ByActionResult
ConsiderandtakeappropriateactionregardingaResolutionrelatingtothegivingofNoticeofIntentiontoissueTownof
Trophy Club, Texas combination tax and revenue Certificates of Obligation, Series 2016; and providing an effective date.
Town CouncilPage 28 of 101Meeting Date: February 23, 2016
To: Mayor and Town Council
From:Steven Glickman, Assistant Town Manager/CFO
CC: Stephen Seidel, Town Manager
Holly Fimbres, Town Secretary
Re: Notice of Intent 2016 CO
Town Council Meeting, February 23, 2016
Agenda Item:
Consider and take appropriate action regarding a Resolution relating to the giving of Notice of
Intention to issue Town of Trophy Club, Texas combination tax and revenue Certificates of
Obligation, Series 2016; and providing an effective date.
Explanation:
The resolution before the Council relates to providing a Notice of Intention to issue Certificates
of Obligation in an amount not to exceed $4.4M for the purposes of:
Designing, developing, constructing, and equipping joint Police and Town Hall facilities
(CCPD funding)
Designing, developing, constructing, improving, extending, and expanding streets,
thoroughfares, sidewalks, bridges and other public ways of the Town and all costs
included in those processes
Professional services in connection with the projects and issuance
Upon approval of the resolution the Notice of Intention will be advertised for two consecutive
weeks the first of which will be before March 12, 2016. The ordinance authorizing the issuance
is scheduled to be before Council at the April 12, 2016 meeting.
Attachments:
Resolution No. 2016-04
Recommendation:
Staff recommends approval to move forward with the Notice of Intention for the 2016
Certificates of Obligation for the CCPD funded portion of the Police Facility, street and drainage
projects, and professional services associated with the projects and issuance.
Town CouncilPage 29 of 101Meeting Date: February 23, 2016
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2016-04
A RESOLUTION RELATING TO THE GIVING OF NOTICE
OF INTENTION TO ISSUE TOWN OF TROPHY CLUB,
TEXAS COMBINATION TAX AND REVENUE
CERTIFICATES OF OBLIGATION, SERIES 2016;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas (the “Town”), pursuant to Chapter 271,
Subchapter C, Texas Local Government Code, as amended, is authorized to issue its certificates
of obligation for the purpose of paying contractual obligations to be incurred for the purposes set
forth below; and
WHEREAS, the TownCouncil of the Townhas found and determined that a notice of
intention to issue certificates of obligation should be published in accordance with the
requirements of applicable law;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWNCOUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS, THAT:
Section 1. The findings and determinations set forth in the preambles hereto are
hereby incorporated by reference for all purposes.
Section 2. The TownSecretary of the Townis hereby authorized and directed to
issue a notice of intention to issue certificates of obligation in substantially the form attached
hereto as Exhibit A.
Section 3. The foregoing notice shall be published once a week for two consecutive
weeks, the date of the first publication being before thethirtieth (30th) day prior to the date set
forth in the foregoing notice for passage of the ordinance authorizing the Combination Tax and
Revenue Certificates of Obligation. Such notice shall be published in a newspaper of general
circulation in the area of the Town of Trophy Club, Texas.
Section 4. That this resolution shall take effect from and after the date of its passage.
FINALLY PASSED, APPROVED AND EFFECTIVE this 23rd day of February, 2016.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
Town CouncilPage 30 of 101Meeting Date: February 23, 2016
\[SEAL\]
ATTEST:
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams , Town Attorney
Town of Trophy Club, Texas
RES 2016-04 Page 2 of 3
Town CouncilPage 31 of 101Meeting Date: February 23, 2016
EXHIBIT A
NOTICE OF INTENTION TO ISSUE TOWN OF TROPHY CLUB, TEXAS
COMBINATIONTAX AND REVENUE CERTIFICATES OF OBLIGATION,
SERIES 2016
NOTICE IS HEREBY GIVEN that on April 12, 2016, the TownCouncil of the Townof
Trophy Club, Texas, at 7:00 p.m. at a regularmeeting ofthe TownCouncil to be held in the
Council Chambers at the Trophy Club Municipal Building,100 Municipal Drive,Trophy Club,
Texas 76262, the regular meeting place of the TownCouncil, intends to pass an ordinance
authorizing the issuance of not to exceed $4,400,000 principal amount of Certificates of
Obligation (excluding premium) for the purpose of paying contractual obligations to be incurred
for the following purposes, to wit: (a) designing, developing, constructingand equipping joint
Police and Town Hall facilities,(b) designing, developing, constructing, improving, extending,
and expanding streets, thoroughfares, sidewalks, bridges, and other public ways of the City,
including streetscaping, streetlighting, right-of-way protection, utility relocation, and related
storm drainage improvements; and acquiring rights-of-way in connection therewith ((a) and (b)
together, the “Project”); and (c) payingprofessional services of attorneys, financial advisors and
other professionals in connection with the Project and the issuance of the Certificates. The
Certificates shall be issued in one or more series, shall bear interest at a rate not to exceed fifteen
percent (15%) per annum, and shall have a maximum maturity date of not later than twenty-five
(25) yearsafter their date. Said Certificates shall be payable from the levy of a direct and
continuing ad valorem tax against all taxable property within the Townsufficient to pay the
interest on this series of Certificates as due and to provide for the payment of the principal
thereof as the same matures, as authorized by Chapter 271, Subchapter C, Texas Local
Government Code, as amended, and from all or a part of the surplus revenues of the Town’s
municipal drainage utility system, such pledge of surplus revenues being limited to $1,000.
THIS NOTICE is given in accordance with law and as directed by the TownCouncil of
the Townof Trophy Club, Texas.
GIVEN THIS February 23, 2016
/s/ Holly Fimbres,TownSecretary
Town of Trophy Club, Texas
Town CouncilPage 32 of 101Meeting Date: February 23, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-96-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:2/13/2016 In control:Town Council
On agenda:2/23/2016 Final action:
Title:Consider and take appropriate action regarding a Concessionaire Agreement between the Town and
Marshall Creek Ranch for the use of trails within Trophy Club Park for equestrian purposes; and
authorizing the Mayor or his designee to execute all necessary documents.
Attachments:Staff Report - Marshall Creek Ranch.pdf
Concessionaire Agreement with Marshall Creek Ranch.pdf
DateVer.Action ByActionResult
ConsiderandtakeappropriateactionregardingaConcessionaireAgreementbetweentheTownandMarshallCreek
RanchfortheuseoftrailswithinTrophyClubParkforequestrianpurposes;andauthorizingtheMayororhisdesigneeto
execute all necessary documents.
Town CouncilPage 33 of 101Meeting Date: February 23, 2016
To: Mayor and Town Council
From:Steven Glickman, Assistant Town Manager/CFO
CC: Stephen Seidel, Town Manager
Adam Adams, Parks and Recreation Director
Holly Fimbres, Town Secretary
Re: Marshall Creek Ranch
Town Council Meeting, February 23, 2016
Agenda Item:
Consider and take appropriate action regarding a Concessionaire Agreement between the Town
and Marshall Creek Ranch for the use of trails within Trophy Club Park for equestrian purposes;
and authorizing the Mayor or his designee to execute all necessary documents.
Explanation:
Staff has met with the owners of Marshall Creek Ranch to negotiate a concessionaire’s
agreement for the use of trails within Trophy Club Park for equestrian purposes. They provided
staff with the schedule C (Profit or Loss from Business) from their 2014 income tax return –
which included income from the business of just over $11k. Staff took into consideration the
profit from the schedule C when determining an appropriate monthly payment to recommend
in the amount of $850 per month or $10,200 per year. Undoubtedly, with the current
conditions at Trophy Club Park, Marshall Creek Ranch has experienced substantial losses in
2015. Staff also considered the substantial contributions Marshall Creek Ranch has made to
various Town events such as Petfest and Back to Nature.
Attachments:
Concessionaire Agreement with Marshall Creek Ranch
Recommendation:
Staff recommends approval of a concessionaire’s agreement with Marshall Creek Ranch for the
use of trails within Trophy Club Park for equestrian purposes in an amount not to exceed $850
per month.
Page 1 of 1
Town CouncilPage 34 of 101Meeting Date: February 23, 2016
THE STATE OF TEXAS §
§
COUNTY OF DENTONand TARRANT §
CONCESSIONAIREAGREEMENT BY AND BETWEEN
THE TOWN OF TROPHY CLUB
AND THE MARSHALL CREEK RANCH, LLC
THIS CONCESSIONAIREAGREEMENTis made and entered into by and
between the TOWN OF TROPHY CLUB, TEXAS (hereinafter referred to as “TOWN”), a
home rule municipality, acting by and through its Mayor or designee, and MARSHALL
CREEK RANCH LLC, a limited liability corporation (hereinafter referred to as
MARSHALL CREEK RANCH) for the limited use of and access to a trail system for
equestrian purposes in accordance with the terms and provisions set forth herein.
WITNESSETH:
WHEREAS
, the TOWN leasesand maintains Marshall Creek Park(hereinafter referred
toas Trophy Club Park)from the United States Army Corp of Engineers;
and
WHEREAS
, MARSHALL CREEK RANCHis a business that utilizes the trail system
within Trophy ClubPark to conduct its equestrian services; and
WHEREAS
, the TOWN has implemented an equestrian impact fee for persons riding
horses within Trophy Club Park; and
WHEREAS
, maintenance and upkeep obligations shall due to equestrian uses shall be
shared by TOWN and MARSHALL CREEK RANCHas expressly set forth
in this Agreement; and
WHEREAS
, MARSHALL CREEK RANCHand TOWN agree that it serves their best
interests to work together; and
WHEREAS,
MARSHALL CREEK RANCHand TOWN agree that the properties and
facilities identified herein shall be used by MARSHALL CREEK RANCH
solely for the purpose of providing equestrian services;
NOW THEREFORE, FOR AND IN CONSIDERATION
of the above and
foregoing premises, the benefits flowing to each of the parties hereto, and other good
and valuable consideration, TOWN and MARSHALL CREEK RANCHdo hereby agree
as follows:
Town CouncilPage 35 of 101Meeting Date: February 23, 2016
I.
INCORPORATION OF PREMISES
1.01Incorporation of Premises.
The foregoing premises to this Agreementare
incorporated herein for all purposes as if set out herein verbatim.
II.
NON-EXCLUSIVE USE OF TRAILS/TROPHY CLUB PARK
2.01NON-EXCLUSIVE USE OF TRAILS.
TOWN, under the terms and conditions
provided herein, shall allow MARSHALL CREEK RANCHthe non-exclusive use
ofdesignated portions of the trail systemlocated within Trophy Club Park as
specifically identified in Exhibit “A”, a copy of which is attached hereto and
incorporated herein, for equestrianand equestrian related activities (hereinafter
collectively “Trails”).
III.
TERM/ CONSIDERATION
3.01Term.
The Parties understand and agree that that at the time of execution of this
Agreement, the Trails in Trophy Club Park are closed to equestrian use due to
flood conditions existing within the Park. The Parties agree that the term of this
th
Agreement shall commence on April 1, 2016 or on the thirtieth (30) day
following the date that the TOWN opens the Trailsfor equestrian use, whichever
occurs later. The TOWN shall notify MARSHALL CREEK RANCH in writing
when the Trailsareopen for equestrian use. MARSHALL CREEK RANCH shall
have no right to use the Trailsfor equestrian useduring any period in which the
Trails are closed by TOWN.
This Agreement shall remain in effect until December 31, 2016 (“Initial Term”),
unless otherwise terminated as provided herein. At the end of the Initial Term,
this Agreement shall automatically renew for one (1) additional term of one (1)
year, provided that neither Party gives written notice of termination at least sixty
(60) days prior to the end of the then existing Agreementterm.
3.02Consideration.
In addition to the fees, fines,and/or penalties otherwise
authorized or required under TOWN ordinances, MARSHALL CREEK RANCH
shall remit to the TOWNa monthly payment of EIGHT HUNDRED AND FIFTY
th
DOLLARS ($850.00) by the fifteenth (15) dayof each month during which this
Agreement is in effect.
In further consideration for the use of the Trails,MARSHALL CREEK RANCH
shall provide TOWNa proposed operation scheduleidentifying when
MARSHALL CREEK RANCH will be open to the public; such proposed operation
2016 ConcessionaireAgreement with MARSHALL CREEK RANCHPage 2 of 10
Town CouncilPage 36 of 101Meeting Date: February 23, 2016
schedule shall only be utilized afterapproved in writing by TOWN. If there is a
change to the proposed operation schedule, including without limitation, a
change to hours of operation, MARSHALL CREEK RANCHshall provide TOWN
with a written noticedetailing the change(s) and requesting approval of the
change(s)at least seventy-two (72) hours prior to the effective date/time of the
proposed change. Acceptance of the proposed changes shall be within the sole
discretion of the Town; provided however, that acceptance shall not be
unreasonably withheld.
IV.
MAINTENANCE RESPONSIBILITIES
4.01MARSHALL CREEK RANCHMaintenance Responsibilities.
MARSHALL
CREEK RANCHshall be responsible for routine maintenance of the equestrian
trails, including the following:
1.Clearing underbrush and overhanging tree limbs and branches so that the Trails are
clear and safe for equestrian use. Clean up under this section shall be done on an as
needed basis; however, at minimum, it shall be done quarterly.
2.Monthlypick up and removal of loose trash and debris on Trails; and
3.Any damage to the Trails resulting from equestrian use by MARSHALL
CREEK RANCH.
4.02MARSHALL CREEK RANCHAlterations.
MARSHALL CREEK RANCHshall
not move, alter or remove, in whole or in part, any TOWN improvement, fixed or
movable, withinTrophy Club Park, without first obtaining the express written
permission of the TOWN.
4.03 PartnershipOpportunities.
MARSHALL CREEK RANCHshall diligently pursue
any actions or opportunities that will reducethe maintenance and operational
costs of both MARSHALL CREEK RANCHand TOWN, including without
limitation, capital improvement initiativesand other TOWN authorized activities.
4.04 Events.
TOWN and MARSHALL CREEK RANCHagree and understand that
there is a benefit in combining resources and participation in TOWN sponsored
events. MARSHALL CREEK RANCHagrees to work with TOWN in the joint
scheduling and promotion of TOWN events as practicable for both parties.
2016 ConcessionaireAgreement with MARSHALL CREEK RANCHPage 3 of 10
Town CouncilPage 37 of 101Meeting Date: February 23, 2016
V.
RULESAND REGULATIONS / CLOSURE/ PARKING
5.01TOWN Regulations
. MARSHALL CREEK RANCHunderstands and agrees that
in addition to compliance with the requirements of this Agreement, its’ use of
Trailsshall be allowed only in accordance with TOWN ordinances, guidelines
and regulations, including without limitation the following:
A.Rainout Procedures
: During questionable weather periods, status of Trails
will be posted on the Trophy Club Parkwebsiteby 12:00p.m. on weekdays
and by 7:00 a.m. on Saturdays, Sundays, and Holidays by TOWN’S
RecreationSuperintendent or designee.
B.Trails Closure Policy and Procedure
:MARSHALL CREEK RANCHshall
cancel, delay or postpone any use of Trails or related activityif severe
weather conditions are present.Notwithstanding the terms of this Agreement,
TOWN, in its sole discretion, retains the right to closeeither a portion of or all
of the Trails and/or Trophy Club Parkthat is the subject of this Agreement.
The RecreationSuperintendant or designee, at their sole discretion, may
close the Trails and/or Trophy Club Parkand suspend use at any time if, in
TOWN’S sole discretion, it is determined that continued use presents a risk of
injury to persons or damage to the Trails and/or Trophy Club Parkor the
general health, safety or welfare of the public.
In additionto the foregoing, all of or a portion of the Trails and/or Trophy Club
Parkmay be closed for repairorother maintenance. In the event of closure
for such maintenance, TOWN shall notify MARSHALL CREEK RANCHin
order to minimize the impact on operationsas much as reasonably possible.
VI.
MARSHALL CREEK RANCHUSE OF TRAILS
6.01 Sub-leasing Prohibited.
MARSHALL CREEK RANCHshallutilize Trailsand/or
Trophy Club Parkonly for equestrian related activities.MARSHALL CREEK
RANCHis strictly prohibited from leasing or sub-leasing any Trails and/or Trophy
Club Park or portions thereof for equestrian related or other activitywithout
written permission from the Town Manager or their designee.
6.02As-Is Condition.
MARSHALL CREEK RANCHshall utilizeTrails and/or Trophy
Club Parkon an “as-is” basison the date of execution of this Agreementand
there shall be no obligation by the TOWN to make any other improvements to the
Trails and/or Trophy ClubParkfacilities. MARSHALL CREEK RANCHshall not
make any improvements or structural changes to Trails and/or Trophy Club Park
withoutpriorwritten permission by the Town Manageror their designee.
2016 ConcessionaireAgreement with MARSHALL CREEK RANCHPage 4 of 10
Town CouncilPage 38 of 101Meeting Date: February 23, 2016
VII.
GENERAL REQUIREMENTS APPLICABLE TO MARSHALL CREEK RANCH
USE OF TRAILS AND TROPHY CLUB PARK
7.01Immunity:
Nothing in this Agreement, or in any exhibit or attachment hereto,
shall be construed to affect, alter, or modify the immunity of either party under the
Texas Civil Practice and Remedies Code §§101.001 et seq. It is expressly
understood and agreed that in the execution of this Agreement, neither TOWN
nor MARSHALL CREEK RANCHwaives, nor shall be deemed to waive, any
immunity or defense that would otherwise be available to each against claims
arising in the exercise of governmental powers and functions.
7.02.Insurance:
During the term of this AgreementMARSHALL CREEK RANCHshall
obtain and maintain, at its sole expense, general liability insurance with the
minimum amounts of $1,000,000 Bodily Injury Liability and $1,000,000 Property
Damage Liability while naming the TOWN of Trophy Club as an additional
insured to protect against potential claims arising out of the MARSHALL CREEK
RANCH’s use of Trails and Trophy Club Park.MARSHALL CREEK RANCHshall
furnish TOWN with certificates of insurance evidencing its compliance with this
Paragraphat least ten (10) days prior to the commencement of the term of this
Agreement. Nothing contained herein shall be construed to grant any third party
rights or as a waiver of any governmental and/or public purpose of the operation
or use of all ora portion of Trails and/or Trophy ClubPark.
7.03No Third Party Beneficiary:
For purposes of this Agreement, including its
intended operation and effect, the parties specifically agree and contract that: (1)
the Agreementonly affects matters/disputes between the parties to this
Agreement, and is in no way intended by the parties to benefit or otherwise affect
any third person or entity, notwithstanding the fact that such third person or
entities may be in a contractual relationship with TOWN or MARSHALL CREEK
RANCHor both; and (2) the terms of this Agreementare not intended to release,
either by contract or operation of law, any third person or entity from obligations
owing by them to either TOWN or MARSHALL CREEK RANCH. This Agreement
shall not create any third-party beneficiaries.
7.04Notice:
Each notice or other communication which may be or is required to be
given under this Agreementshall be in writing and shall be deemed to have been
properly given when deliveredby e-mail or personally during the normal business
hours of the party to whom such communication is directed, or upon receipt when
sent by United States registered or certified mail, return receipt requested,
postage prepaid, to the following addresses asmay be designated by the
appropriate party; however, each party has a right to designate a different
address by giving the other party fifteen (15) days prior written notice of such
designation:
2016 ConcessionaireAgreement with MARSHALL CREEK RANCHPage 5 of 10
Town CouncilPage 39 of 101Meeting Date: February 23, 2016
If to MARSHALL CREEK RANCH, LLC:
Shandra Doran
Owner
2228Galloway Blvd
Trophy Club, Texas 76262
If to TOWN:
Stephen Seidel, Town Manager
Town of Trophy Club
100 Municipal Drive
Trophy Club, Texas 76262
7.05Claims Against Parties
: Each party shall be responsible for defending and/or
disposing of all causes arising against the respective party as a result of its use
or occupation of Trails and/or Trophy ClubPark. It is expressly understood and
agreed that in the execution of this Agreement, neither TOWN nor MARSHALL
CREEK RANCHwaives, nor shall be deemed to waive, any immunity or defense
that would otherwise be available to each against claims arising in the exercise of
governmental powers and functions.
7.06Entire Agreement:
ThisAgreementcontains the entireagreementof the parties
hereto, and no other oral or written commitments shall have any force or effect if
not contained herein.
7.07Severability
: In case any one (1) or more of the provisions contained herein
shall forany reason be held to be invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not affect any other provision
thereof, and this Agreementshall be construed as if such invalidity, illegality or
unenforceable provision had never been contain herein.
7.08Authority
: The undersigned officers and/or agents are authorized to execute this
Agreementon behalf of the parties hereto, and each party hereto certifies to the
other that any necessary resolutions extending such authority have been duly
passed and are now in full force and effect.
7.09 Defective Conditions.
MARSHALL CREEK RANCHshall promptly report to
TOWN any defects or dangerous conditions it becomes aware of, discoverson or
concerningTrails and/or Trophy ClubPark, and shall cease any such use until
such defect or condition is repaired or cured. Notwithstanding the foregoing,
TOWN shall not have an obligation to repair or cure any such defect of condition.
2016 ConcessionaireAgreement with MARSHALL CREEK RANCHPage 6 of 10
Town CouncilPage 40 of 101Meeting Date: February 23, 2016
VIII.
TERMINATION
8.01Termination for Cause.
TOWN in its sole discretion may elect to terminate this
Agreementupon ten (10)calendar days written noticeof defaultto MARSHALL
CREEK RANCHif MARSHALL CREEK RANCHdefaults by failing to timely remit
payment to TOWN in accordance with the provisions of this Agreement or
otherwise defaults upon any one or more of its obligations under this Agreement,
andMARSHALL CREEK RANCHhas failed to remedy such default within ten
(10) calendar days of the date of TOWN’S written notice of default to MARSHALL
CREEK RANCH.
8.02Termination Without Cause.
Either party may terminate thisAgreementwith or
without cause, by giving at least sixty (60) days prior written notice of the date of
termination to the other party. Upon termination, all permanent improvements
shall remain the property of TOWN and all personal property shall remain the
property of the party paying for such personal property. Removal of personal
property or improvements shall be subject to the terms contained herein.
However, all personal property and improvements remaining on Trails and/or
Trophy ClubPark property for sixty (60) days after the date of termination of this
Agreement shall become the personal property and improvements of the TOWN.
IX.
REMEDIES
9.01
Remedies.No right or remedy granted or reserved to the parties is exclusive of
any other right or remedy herein by law or equity provided or permitted; but each
shall be cumulative of every other right or remedy given hereunder. No covenant
or condition of this Agreementmay be waived without written consent of the
parties. Forbearance or indulgence by either party shall not constitute a waiver of
any covenant or condition to be performed pursuant to this Agreement.
X.
APPLICABLE LAW
This Agreementis governed by the laws of the State of Texas; exclusive venue for any
action shall be in Denton County, Texas.
2016 ConcessionaireAgreement with MARSHALL CREEK RANCHPage 7 of 10
Town CouncilPage 41 of 101Meeting Date: February 23, 2016
XI.
ASSIGNMENT
MARSHALL CREEK RANCHshall not assign, sublet, subcontract or transfer all or a
portion of its rights or obligations under this Agreementwithout the prior written approval
of the TOWN.
XII.
GENERAL REQUIREMENTS
12.01 Reports.
Quarterly, MARSHALL CREEK RANCHshall provide a written report
on the total number of paidand unpaid rides from the precedingquarter.
MARSHALL CREEK RANCH
By:________________________________
Shandra Doran,Owner,MARSHALL CREEK RANCH
TOWN OF TROPHY CLUB, TEXAS
By:________________________________
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
By:__________________________
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
By:__________________________
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
2016 ConcessionaireAgreement with MARSHALL CREEK RANCHPage 8 of 10
Town CouncilPage 42 of 101Meeting Date: February 23, 2016
ACKNOWLEDGMENTS
STATE OF TEXAS §
§
COUNTY OF DENTONand TARRANT §
This instrument was acknowledged before me on the _____ day of
C. Nick Sanders, MayorTOWN OF TROPHY
___________________, 2016 by of the
CLUB, TEXAS
, a home rule municipal corporation, on behalf of such corporation.
______________________________
Notary Public in and for the
State of Texas
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on the _____ day of
Shandra Doran,OwnerMARSHALL CREEK
___________________, 2016 by of the
RANCH.
______________________________
Notary Public in and for the
State of Texas
2016 ConcessionaireAgreement with MARSHALL CREEK RANCHPage 9 of 10
Town CouncilPage 43 of 101Meeting Date: February 23, 2016
EXHIBIT “A”
(MAP OF THE AREATO BE USED BY MARSHALL CREEK RANCH)
2016 ConcessionaireAgreement with MARSHALL CREEK RANCHPage 10of 10
Town CouncilPage 44 of 101Meeting Date: February 23, 2016
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Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-97-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:2/13/2016 In control:Town Council
On agenda:2/23/2016 Final action:
Title:Consider and take appropriate action regarding soccer bleachers Harmony Park; discussion of same.
Attachments:Staff Report - Soccer Bleachers.pdf
Soccer Bleacher Attachments.pdf
DateVer.Action ByActionResult
Consider and take appropriate action regarding soccer bleachers Harmony Park; discussion of same.
Town CouncilPage 46 of 101Meeting Date: February 23, 2016
To: Mayor and Town Council
From:Adam Adams, Parks and Recreation Director
Steven Glickman, Assistant Town Manager
CC: Stephen Seidel, Town Manager
Holly Fimbres, Town Secretary
Re: Soccer Bleachers at Harmony Park
Town Council Meeting, February 23, 2016
Agenda Item:
Consider and take appropriate action regarding soccer bleachers Harmony Park;discussion of
same.
Explanation:
At the January 29, 2016, Town Council retreat, Council discussed the possibility of removing a
portion of the older bleachers currently located at Harmony Park. This item is a continuation of
that discussion.
Attachment:
Layout of Harmony Park Soccer fields identifying the location of the various bleachers. The
orange arrows indicate bleachers that are metal and wood with the blue arrows identifying
aluminum bleachers.
Page 1 of 1
Town CouncilPage 47 of 101Meeting Date: February 23, 2016
Town CouncilPage 48 of 101Meeting Date: February 23, 2016
Town CouncilPage 49 of 101Meeting Date: February 23, 2016
Town CouncilPage 50 of 101Meeting Date: February 23, 2016
Town CouncilPage 51 of 101Meeting Date: February 23, 2016
Town CouncilPage 52 of 101Meeting Date: February 23, 2016
Town CouncilPage 53 of 101Meeting Date: February 23, 2016
Town CouncilPage 54 of 101Meeting Date: February 23, 2016
Town CouncilPage 55 of 101Meeting Date: February 23, 2016
Town CouncilPage 56 of 101Meeting Date: February 23, 2016
Town CouncilPage 57 of 101Meeting Date: February 23, 2016
Town CouncilPage 58 of 101Meeting Date: February 23, 2016
Town CouncilPage 59 of 101Meeting Date: February 23, 2016
Town CouncilPage 60 of 101Meeting Date: February 23, 2016
Town CouncilPage 61 of 101Meeting Date: February 23, 2016
Town CouncilPage 62 of 101Meeting Date: February 23, 2016
Town CouncilPage 63 of 101Meeting Date: February 23, 2016
DEMO BOTH
BLEACHERS ON F8
Town CouncilPage 64 of 101Meeting Date: February 23, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-98-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:2/13/2016 In control:Town Council
On agenda:2/23/2016 Final action:
Title:Consider and take appropriate action regarding Parks and Recreation Board recommendations for
non-resident and business use fees at Town aquatic facilities and provide direction to staff regarding
related ordinance amendments.
Attachments:Staff Report - Pool Fee's.pdf
Current Pool Fees.pdf
DateVer.Action ByActionResult
ConsiderandtakeappropriateactionregardingParksandRecreationBoardrecommendationsfornon-residentand
business use fees at Town aquatic facilities and provide direction to staff regarding related ordinance amendments.
Town CouncilPage 65 of 101Meeting Date: February 23, 2016
To: Mayor and Town Council
From:Steven Glickman, Assistant Town Manager/CFO
CC: Stephen Seidel, Town Manager
Adam Adams, Parks and Recreation Director
Holly Fimbres, Town Secretary
Re: Pool Fee’s
Town Council Meeting, February 23, 2016
Agenda Item:
Consider and take appropriate action regarding Parks and Recreation Board recommendations
for non-resident and business use fees at Town aquatic facilities and provide direction to staff
regarding related ordinance amendments.
Explanation:
At the January 18, 2016Parks and Recreation Board meeting the board recommendedto the
Town Council the following regarding pool entry fees:
Eliminate all non-resident memberships and entries
Eliminate entry to businesses located outside of Trophy Club
Increase local business entry fees from $3 to $4
In 2015, there were 16,667 resident and non-resident pool entries. Of the 16,667 users, 6,629
users were non-residents, or 40%.A responsible estimate is to assume that if the Council
adopted the Parks and Recreation Board recommendation then two lifeguard positions can be
eliminated. Patron safety is the top priority in the operation of the pool, and eliminating staff
to absorb the entirety of the lost revenue would compromise the safety of the facility and
adversely affect the pool’s operations. The lost revenue and cost savings of the Parks and
Recreation Board recommendations are illustrated below:
Pool Entry Revenue Decrease$ 51,000
Personnel Savings (16,000)
Concession Revenue Decrease 8,400
Concession Supplies Savings (3,400)
Total Loss$ 40,000
Additional issues may arise with elimination of all non-resident pool entries such as:
Entry for out of Town visitors/relatives of residents
Attachments:
Current Pool Fees
Page 1 of 1
Town CouncilPage 66 of 101Meeting Date: February 23, 2016
CURRENT POOL FEES:
(f)Community pool fees. Pool rental fees listed below are for a minimum two-hour period.
Resident Rates*
Daily rate$4.00
Individual season pass $25.00
Family pass (up to 5 members) $75.00
Additional family members
$10.00/member
Resident guest pass (unassigned pass valid for entire season)
$20.00/pass
Nonresident rates*
Daily rate$6.00
Individual season pass $50.00
Family season pass (up to 5 members)$150.00
Additional family member$20.00
Local business group rate** (with a minimum of 8 bathers)$3.00 per user
Non-local business group rate**(with a minimum of 8 bathers)$4.00 per user
For 20 or more bathers$3.00 per bather
* Children under 35 inches admitted free of charge.
** In order to receive the group rate, group shall schedule date and time of use with parks and
recreation department.
Town CouncilPage 67 of 101Meeting Date: February 23, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-99-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:2/13/2016 In control:Town Council
On agenda:2/23/2016 Final action:
Title:Consider and take appropriate action regarding proposed amendments to the Town Council Rules of
Procedure and provide direction to staff regarding related ordinance amendments.
A)Consider and take appropriate action regarding an Ordinance adopting various amendments
to Division 2, “Meetings and Rules of Procedure” of Article 1.03, “Town Council” of Chapter 1,
“General Provisions” of the Code of Ordinances of the Town of Trophy Club to make changes to the
rules and procedures of the Town Council; and providing an effective date.
Attachments:ORD 2016-09 - Amend Chap 1-Article 1_03 - Division 2 Meetings and Rules of Procedure.pdf
Article 1_03 Town Council Division 2 Meetings and Rules of Procedure.pdf
REDLINED VERSION Rules of Procedure with proposed changes.pdf
DateVer.Action ByActionResult
ConsiderandtakeappropriateactionregardingproposedamendmentstotheTownCouncilRulesofProcedureand
provide direction to staff regarding related ordinance amendments.
A)ConsiderandtakeappropriateactionregardinganOrdinanceadoptingvariousamendmentstoDivision2,
“MeetingsandRulesofProcedure”ofArticle1.03,“TownCouncil”ofChapter1,“GeneralProvisions”oftheCode
ofOrdinancesoftheTownofTrophyClubtomakechangestotherulesandproceduresoftheTownCouncil;
and providing an effective date.
Town CouncilPage 68 of 101Meeting Date: February 23, 2016
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE 2016-09
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDINGSECTION 1.03.031 ENTITLED “AUTHORITY”,
SUBSECTION (A) ENTITLED “AGENDA” OF SECTION 1.03.035
ENTITLED “ORDER OF BUSINESS; AGENDA”, SUBSECTION (B)
ENTITLED “ORDER” OF SECTION 1.03.037 ENTITLED “RULES OF
DECORUM”, AND SECTION 1.03.038 ENTITLED “PARLIAMENTARY
MOTIONS AND PRECEDENCE” OF DIVISION 2 ENTITLED
“MEETINGS AND RULES OF PROCEDURE”, OF ARTICLE 1.03,
ENTITLED “TOWN COUNCIL” OF CHAPTER 1 “GENERAL
PROVISIONS” OF THE CODE OF ORDINANCESTO MAKE CHANGES
TO THE RULES AND PROCEDURES OF THE TOWN COUNCIL;
PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS
, the Town Council establishes rules and procedures to ensure that
its meetings are conducted in an orderly manner; and
WHEREAS
, the Town Council has the authority to generally review and make
changes to its procedural rules as it determines appropriate for the orderly conduct of its
meetings; and
WHEREAS
, having reviewed the existing procedures and considering the desire
to conduct orderly and efficient meetings, the Town Council hereby finds that the
amendment of Section1.03.031“Authority”, Subsection (a) “Agenda” of Section
1.03.035 “Order of business; agenda”, Subsection (b) “Order” of Section 1.03.037
“Rules of decorum,” and Section 1.03.038 “Parliamentary motions and precedence”
serves the best interests of the Townand willassist with the conduct of orderly and
efficient meetings.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
Town CouncilPage 69 of 101Meeting Date: February 23, 2016
SECTION 2.
AMENDMENT
2.01
Sections 1.03.031 “Authority”, Subsection (a) “Agenda” of Section 1.03.035
“Order of business; agenda”, Subsection (b) “Order” of Section 1.03.037 “Rules of
decorum,” and Section 1.03.038 “Parliamentary motions and precedence” of Division 2
entitled “Meetings and Rules of Procedure” of Article 1.03 entitled “Town Council” of
Chapter 1, entitled “General Provisions” of the Code of Ordinances of the Town of
Trophy Club, Texas are herebyamended andshall be and read in their entirety as
follows:
ARTICLE 1.03 TOWN COUNCIL
. . .
Division 2. Meetings and Rules of Procedure
“Sec. 1.03.031 Authority
The Charter of the Town of Trophy Club, Texas, provides for open meetings for
the Town Council at which reasonable opportunity shall be given for Citizens to
be heard under such rules as the Council may provide. The Rules of Procedure
establish guidelinesto be followed by all persons attending a Town Council
meeting, including members of the Town Council, Town Staff, and visitors.
. . .
Sec. 1.03.035 Order of business; agenda
(a)Agenda. The business of each meeting shall be as contained in the agenda in
the order established by the mayor. The town secretary shall prepare the
agenda. The agenda shall be a listing of topics to be considered by the town
council and delivered to members of the town council each Thursday
preceding the Tuesday meeting to which it pertains. At the end of each
agenda item, the agenda should specify the first initial and last name of the
person(s) adding the item to be considered on the agenda.
. . .
Sec. 1.03.037Rules of decorum
. . .
(b)Order. While the council is in session, the members must preserve order and
decorum, and a member shall neither, by conversation or otherwise, delay or
interrupt the proceedings or the peace of the town council nor disturb any
member while speaking or refuse to obey the orders of the chairman/mayor.
ORD 2016-09 Page 2 of 5
Town CouncilPage 70 of 101Meeting Date: February 23, 2016
Members of the town council shall not leave their seats during a meeting
without first advising the chairman/mayor.
. . .
Sec. 1.03.038 Parliamentary motions and precedence
The following steps may be used as a model or guidebook by the Presiding
Officer. The meeting is governed by the agenda and the agenda constitutes the
only items to be discussed. Each agenda item can be handled by the Presiding
Officer in the following basic format:
Announce the Item. The Presiding Officer should clearly announce the
(a)
agenda item number and should clearly state what the subject matter of the
agenda item is by reading the caption for the item being considered.
Receive a Report. The Presiding Officer should invite the appropriate people
(b)
to report on the item, including any recommendation they might have.
Ask Clarifying Questions. The Presiding Officer should ask the Members if
(c)
they have any technical questions for clarification. At this point, the members
may ask clarifying questions to the people who reported on the item, and they
should be given time to respond.
Seek Resident Input. The Presiding Officer should invite resident comments
(d)
(limited to 4 minutes or a time determined appropriate by the Presiding
Officer) – or if a public hearing, open the public hearing. Upon conclusion of
the public hearing, the Presiding Officer should announce the public hearing
closed.
Motion First. The Presiding Officer should invite a motion from the Members
(e)
before debate is given on the merits of the item. The Presiding Officer should
announce the name of the Members who makes the motion.
Motion Second. The Presiding Officer should determine if any Members
(f)
wishes to second the motion. The Presiding Officer should announce the
name of the Members who seconds the motion. If no Members wishes to
second the motion, then the motion fails, and should be so stated by the
Presiding Officer.
Repeat Motion. If the motion is made and seconded, the Presiding Officer
(g)
should make certain that everyone (including the audience) understands the
motion. This is done in three ways: a. The Presiding Officer can ask the
maker of the motion to repeat it; b. The Presiding Officer can repeat the
motion; orc. The Presiding Officer can ask the Town Secretary to repeat the
motion.
ORD 2016-09 Page 3 of 5
Town CouncilPage 71 of 101Meeting Date: February 23, 2016
Discuss the Motion. The Presiding Officer should now invite the Members to
(h)
discuss the motion. If there is no desired discussion, the Presiding Officer
may call for a vote. If there has been no discussion or a brief discussion, then
there is no need to repeat the motion before taking a vote. If the discussion
has been lengthy, it is a good idea to repeat the motion before calling for the
vote.
Seek Resident Input. The Presiding Officer should invite resident comments
(i)
(limited to 2 minutes or a time determined appropriate by the Chair)
Vote. The Presiding Officer calls for the vote. Unless a super-majority is
(j)
required for passage of the motion, a simple majority vote determines
whether the motion passes or fails.
Announce the Outcome. The Presiding Officer announces the results of the
(k)
vote and should also state what action (if any) the Members have taken.”
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other ordinances of the Town affecting
rules of procedure and shall not repeal any of the provisions of such ordinances except
in those instances where provisions of those ordinances are in direct conflict with the
provisions of this Ordinance; whether such ordinances are codified or uncodified, and all
other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified,
not in conflict with the provisions of this Ordinance, shall remain in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or
its application to any person or circumstance is held invalid or unconstitutional by a
Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this Ordinance; and the Town Council hereby declares it would have passed
such remaining portions of the Ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in accordance with the Town Charter and by filing this
Ordinance in the Ordinance records of the Town.
ORD 2016-09 Page 4 of 5
Town CouncilPage 72 of 101Meeting Date: February 23, 2016
SECTION 6.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of passage and
publication as required by law.
PASSED AND APPROVED
by the Town Council of the Town of Trophy Club,
Texas, this 23rd day of February2016.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
\[SEAL\]
ATTEST:
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams , Town Attorney
Town of Trophy Club, Texas
ORD 2016-09 Page 5 of 5
Town CouncilPage 73 of 101Meeting Date: February 23, 2016
*
ARTICLE 1.03 TOWN COUNCIL
Division 1. Generally
Secs. 1.03.001–1.03.030 Reserved
†
Division 2. Meetings and Rules of Procedure
Sec. 1.03.031 Authority
Pursuant to section 3.11 of the home rule charter of the town, the town council shall determine its own
rules of procedure. (2006 Code, ch. 1, sec. 6.01(A). See end of this division for full history for this
division.)
Sec. 1.03.032 General rules
(a)Meetings to be public. All official meetings of the town council and all sessions of a subcommittee
of the town council consisting of a quorum of the council shall be public unless otherwise specified by
council.
(b) Quorum. The governing body of the town consists of a mayor and six (6) council members.
Attendance at a council meeting by four (4) of the seven (7) members of the town council constitutes a
quorum for the purpose of a regular or special meeting.
Charter reference–
Quorum, sec. 3.12.
(c)Attendance. As specified in the town charter, should a member of the town council fail to attend
three consecutive regular meetings without being excused by the council, his/her office may be declared
forfeited by the council. A member of the town council who is unable to attend a council meeting shall
notify the town secretary 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 town secretary shall be provided as
soon as practicable after the member becomes aware that he/she will be absent. The town secretary shall
notify the council of the absence prior to the beginning of the council meeting from which the member
will be absent.
Charter reference–
Forfeiture of office, sec. 3.04.
(d) Misconduct. The town council may punish its own members for misconduct as authorized by state
law and town charter.
(e)Minutes of town council meetings. An account of all proceedings of the town council shall be kept
by the town secretary and shall be entered into a book constituting the official record of the town council.
(f)Questions to contain one subject. All questions submitted for a vote shall contain only one subject.
If two or more points are involved, any member may require a division, if the question reasonably admits
of a division.
*
Charter references–
Council, sec. 3.00; nominations and elections, sec. 5.00; recall, sec. 6.00; initiative and
referendum, sec. 7.00.
†
Charter reference–
Rules of the council, sec. 3.11.
State law reference–
Open meetings, V.T.C.A., Government Code, ch. 551.
Rules of ProcedurePage 1 of 9
Town CouncilPage 74 of 101Meeting Date: February 23, 2016
(g)Right to floor. Any town council member desiring to speak shall be recognized by the
chairman/mayor. No member shall be allowed to speak more than once on any one subject until every
member wishing to speak shall have spoken.
(h) Town manager. The town manager or assistant town manager or acting town manager, shall attend
all meetings of the town council unless excused by the mayor or town council. The town manager,
assistant town manager, or acting town manager may make recommendations to the town council and
shall have the right to take part in all discussions of the town council, but shall have no vote. The town
manager may place an item for discussion and/or action on the council agenda.
(i)Town attorney. The town attorney or acting town attorney, shall attend all meetings of the town
council unless excused by the mayor or town council and shall, upon request, give an opinion, either
written or oral, on questions of law. The town attorney shall act as the town council’s parliamentarian.
(j)Town secretary. The town secretary or acting town secretary, shall attend all meetings of the town
council unless excused by the mayor or town council, and shall keep the official minutes and perform
such other duties as may be requested of him/her by the town council.
(k)Officers and employees. Any officer or employee of the town, when requested by the town
manager, shall attend any meeting of the town council. If requested to do so by the town manager, they
may present information relating to matters before the town council.
(l)Rules of order. Robert’s Rules of Order Newly Revised, as amended by the council, shall govern
the proceedings of the town council.
(m)Suspension of rules. Any provision of these rules may be temporarily suspended by a two-thirds
vote of all members of the town council in attendance. The vote on any such suspension shall be taken by
a show of hands and entered into the record.
(n) Amendment to rules. These rules maybe amended, or new rules adopted with a favorable vote by
four (4) members of the town council in attendance, provided that the proposed amendments or new rules
shall have been introduced into the record at a prior town council meeting.
(2006 Code, ch. 1, sec. 6.01(B). See end of this division for full history for this division.)
Sec. 1.03.033 Types of meetings
(a)Regular meetings. The town council shall meet in the council/board room at the Municipal Utility
District Building, 100 Municipal Drive, Trophy Club, Texas, on the second and fourth Tuesday of each
month and each meeting shall commence at the time and place posted on the agenda for that meeting.
(b) Special meetings. Special meetings may be called by the mayor or by any three (3) members of the
town council. The call for a special meeting shall be filed with the town secretary in written form, except
that announcement of a special meeting, during any regular meeting at which all members are present,
shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day and
the hour of the special meeting, and shall list the subject or subjects to be considered. No special meeting
shall be held until at least 72 hours after the call is issued or within two (2) hours for an emergency
meeting. Only such business may be transacted at a special meeting as may be listed in the call for said
meeting or as incident thereto.
Rules of ProcedurePage 2 of 9
Town CouncilPage 75 of 101Meeting Date: February 23, 2016
(c)Emergency meetings. In case of emergency or urgent public necessity, which shall be expressed in
notice of the meeting, an emergency meeting shall be called by the chairman/mayor or on the application
of three (3) members of the town council, and it shall be sufficient if the notice is posted two (2) hours
before the meeting is convened.
(d) Recessed meetings. Any meeting of the town council may be recessed to a later time, provided that
no recess shall be for a longer period than until the next regular meeting.
(e) Public hearings.
(1) All meetings shall be held in full compliance with the provisions of state law and codes of the
town. Any party in interest may appear in his/her own behalf or be represented by counsel or
agent.
(2) The town secretary shall set public hearing dates for the town council as requested, be
responsible for timelyadvertising in the official newspaper, and notify interested parties
according to requirements of the town council.
(2006 Code, ch. 1, sec. 6.01(C). See end of this division for full history for this division.)
Charter references–
Meetings of the council, sec. 3.09; special meetings, sec. 3.10.
Sec. 1.03.034 Chairman
(a)Designation. The mayor, if present, shall preside as chairman at all meetings of the town council. In
the absence of the mayor, the mayor pro-tem shall preside. In the absence of both the mayor and the
mayor pro-tem, the town council shall elect a chairman.
(b) Call to order. The meetings of the town council shall be called to order by the mayor, or in his
absence, by the mayor pro-tem. In the absence of both the mayor and the mayor pro-tem, the meeting
shall be called to order by the town secretary.
(c)Preservation of order. The chairman shall preserve order and decorum, prevent personalities from
becoming involved in debate and confine members in debate to the question under discussion.
(d) Points of order.
(1) A member may interrupt debate for immediate consideration of questions relating to rights
and privileges of the assembly. The chairman/mayor will decide the question or may refer to
the town attorney for a ruling. The chairman/mayor’s decision is subject to appeal to the town
council.
(2) A member of the council may appeal a ruling of the chair by obtaining the floor and stating,
“I appeal from the ruling of the Chair.” The person appealing can interrupt a speaker who has
the floor. If another member seconds the appeal, the procedure is as follows: the mayor/chair
puts the question to the members for a vote. The question cannot be amended and it is
debatable unless the immediately pending question is not debatable, the purpose of the vote is
to decide whether the chair’s ruling should be sustained. The mayor/chair is entitled to speak
first and last in any discussion about the appeal or his/her decision. A majority vote is
required to overturn the decision of the chair, and the question can be reconsidered.
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(e)Questions to be stated. The chairman shall state all questions submitted for a vote and announce the
result. The announcement of the result will include the number of votes for, number of votes against and
abstentions, or state if unanimous.
(f)Substitution of chairman. The chairman may call any other member to take his place in the chair,
such substitution not to continue beyond adjournment.
(2006 Code, ch. 1, sec. 6.01(D). See end of this division for full history for this division.)
Sec. 1.03.035 Order of business; agenda
(a) Agenda. The business of each meeting shall be as contained in the agenda in the order established
by the mayor. The town secretary shall prepare the agenda. The agenda shall be a listing of topics to be
considered by the town council and delivered to members of the town council each Thursday preceding
the Tuesday meeting to which it pertains. The agenda may provide for a work session immediately
preceding the commencement of the council meeting in order to allow council discussion and questions
related to one or more of the items posted on the agenda.
(b) Presentations by members of town council; future agenda items. The agenda shall provide a time
when the mayor or any town council member maybring before the town council any business that the
town council member believes should be deliberated upon by the town council at a future meeting of the
town council. However, pursuant to the town charter, before any item is placed for discussion and/or
action on a future town council agenda, a request for its placement on the agenda shall be made by either
the mayor or by any two (2) councilmembers. These matters need not be specifically listed on the agenda,
but discussion and formal action on such matters shall be deferred until a subsequent town council
meeting provided that the requirements of chapter 551 Texas Government Code have been met.
Charter reference–
Agenda, sec. 3.11(b).
(c)Request for agenda item by chairperson. A chairperson of a council appointed board, commission,
corporation, or other appointed body requesting that an item be placed on the council agenda for
discussion and/or action shall present such request to the town manager in writing in the time frame set
forth in subsection (d) below.
(d) Deadline for submission of agenda items. A subject for the town council’s consideration shall be
submitted to the town secretary’s office in writing not later than 5:00 p.m. on Monday, (7 days prior) to
the meeting at which the subject is to be considered.
(e)Presentation by citizens or representative(s) of organized groups; citizen presentations.
Presentations by citizens at the citizens presentation segment of a council meeting, with or without prior
notification, shall be limited to a total of four (4) minutes.
(f)Presentation by citizens or representative(s) of organized groups; agenda items. Presentations by
citizens, with or without prior notification, shall be limited to a total of six minutes. For items on the
agenda, the speaker will be limited to four (4) minutes of time to complete his/her comments prior to
council discussion and two (2) minutes of time subsequent to council discussion but before the chair calls
for a vote. The designated timekeeper shall maintain the time and advise the speaker when his/her time
has expired. The speaker shall then complete his sentence and take his/her seat. A person may not give
his/her speaking time to another. Persons wishing to express their position on an agenda item but who do
not wish to speak shall complete a speaker’s card and indicate their support or opposition. The name and
respective position of such person(s) shall be read into the record.
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(g)Rules of conduct applicable to citizen’s presentations for agenda items, citizen’s presentations, and
for public hearings.
(1) Each person addressing the council shall step up to the microphone, shall give his or her
name and address in an audible tone of voice for the record. If representing an organized
group, the speaker shall identify the group represented. All remarks shall be addressed to the
council as a body, and not to any member thereof. No person, other than town staff, members
of the council and the person having the floor, shall be permitted to enter into any discussion,
either directly or through the members of the council. No questions shall be asked of the
councilmembers, except through the presiding officer.
(2) All citizens shall refrain from private conversations in the chamber while the town council is
in session.
(3) Citizens attending town council meetings shall observe the same rules of priority, decorum,
and good conduct applicable to the administrative staff. Any persons making personal,
impertinent, or slanderous remarks, or who becomes boisterous while addressingthe town
council or while attending the town council meeting, shall be removed from the room if the
chief of police (or his representative) is so directed by the mayor/chairman, and such person
shall be barred from further audience before the town councilduring that session of the town
council.
(4) Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar
demonstrations shall not be permitted by the mayor/chairman, who shall direct the chief of
police to remove such offenders from the room.
(5) In case the chairman shall fail to act, any other of the town council may move to require the
chair to enforce the rules, and the affirmative vote of a majority of all members present of the
town council shall require the presiding officer to act.
(6) No placards, banners or signs of any kind shall be permitted in the council chamber unless
exhibits, displays and visual aids are used in connection with presentations to the town
council, provided that such exhibits, displays and visuals aids do not disrupt the meeting.
(h) Written communications to council.
(1) General. Interested parties, or their authorized representatives, may address the council by
written communication in regard to any matter concerning the town’s business or over which
the council has control at any time.
(2) Agenda items. A written communication relative to an item posted for consideration on a
town council agenda may be submitted by direct mail to the council or by delivery of the
communication to the town secretary at least four (4) hours prior to the time for
commencement of the town council meeting at which an item will be discussed. Upon timely
receipt of a communication, the town secretary shall distribute copies to each of the
councilmembers and shall make copies available for public review at a designated location in
the council chambers. The names of those submitting the communication and the topic
addressed will be entered into the record without the necessity for reading as long as
sufficient copies are available at the meeting for review by members of the audience/public.
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(i)Presentations by town manager. Matters requiring the council’s attention which may have
developed since the deadline for delivery of the written communication to the council may bepresented
orally by the town manager for informational purposes only in accordance with chapter 551 Texas
Government Code.
(j)Requests for research or information. The mayor and individual councilmembers may request
information or research from the townstaff on a given topic through the town manager who will make all
members of council aware of the special request, as it may be of interest to them as well. Accordingly, the
town manager will provide the results of the request to all members of council. In the event the town
manager believes he cannot respond in a timely manner, he and the members of council will coordinate a
reasonable and responsible timeframe in which to expect the results without unduly interfering with other
activities of higher priority.
(k)Notification of significant activities or events. The mayor and councilmembers expect the town
manager to notify them, and provide periodic updates regarding significant activities or events in the town
related to natural or manmade disasters, major criminal activity, accidents involving town property, or
death involving town staff/employees.
(l)Seating arrangement. The town manager, town secretary, and town attorney shall occupy the
respective seats in the council chamber assigned to them by the chairman/mayor, but any two (2) or more
of the town council may exchange seats.
(2006 Code, ch. 1, sec. 6.01(E). See end of this division for full history for this division.)
Sec. 1.03.036 Ordinances, resolutions and motions
(a)Printed or typewrittenform. All ordinances and resolutions shall be presented to the town council
only in written form.
(b) Town attorney to approve. All ordinances and resolutions shall be approved as to form and legality
by the town attorney.
(c)Distribution of ordinances. The town secretary shall prepare copies of all proposed ordinances for
distribution to all members of the town council at the meeting at which the ordinance is introduced, or at
such earlier time as is expedient.
(d) Recording of votes. The show of hands shall be taken and entered upon the passage of all
ordinances and resolutions and entered into the official record of the council.
(e)Vote required for approval. Approval of every ordinance, resolution, or motion shall require the
affirmative vote of four (4) of the members of the town council in attendance.
(f)Mayoral vote. The mayor shall have a vote on all matters before the council.
(g)Conflict of interest. Should any person on the town council have a conflict of interest pursuant to
any state laws and/or town ordinances regulating conflicts of interest with regard to an item on the council
agenda, such person shall openly declare the conflict before the discussion proceeds, shall complete an
affidavit as required by state law, and shall be prohibited from participating in the discussion or vote on
the item.
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(h) Abstention from voting. Should any person on the town council abstain from voting on an agenda
item where no conflict of interest under state law and/or town ordinance exists, the person’s vote shall be
recorded as a negative vote in the minutes of the council meeting.
(2006 Code, ch. 1, sec. 6.01(F). See end of this division for full history for this division.)
Charter references–
Procedure for enacting ordinances and resolutions, sec. 3.16; conflict of interest and abstention,
sec. 3.20.
Sec. 1.03.037 Rules of decorum
(a)Recognition by chairman/mayor. No person shall address the town council without first being
recognized by the chairman/mayor.
(b) Order. While the council is in session, the members must preserve order and decorum, and a
member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the
town council nor disturb any member while speaking or refuse to obey the orders of the chairman/mayor.
Members of the town council shall not leave their seats during a meeting without first obtaining the
permission of the chairman/mayor.
(c)Chairman/mayor may debate. The chairman/mayor may move only to such limitations of debate as
are the rights and privileges of a town council member by reason of his acting as the chairman/mayor. If
the chairman/mayor is engaged in debate and is abusing his position as chairman, at the insistence of any
three (3) council members, the chairman/mayor member must relinquish the chair in accordance with
provisions of Robert’s Rules of Order Newly Revised.
(d) Getting the floor, improper references to be avoided. Every member desiring to speak shall address
the chair, and upon recognition by the chairman/mayor shall confine himself/herself to the questions
under debate, avoiding all personalities and inappropriate language.
(e) Interruptions. A member, once recognized, shall not be interrupted when speaking unless it be to
call the member to order, or as herein otherwise provided. If a member, while speaking, is called to order,
the town council member shall cease speaking until the question of order be determined and, if in order,
the town council member shall be permitted to proceed.
(2006 Code, ch. 1, sec. 6.01(G). See end of this division for full history for this division.)
Sec. 1.03.038 Parliamentary motions and precedence
(a)Discussion of items. Each agenda item shall be considered open for discussion when that item is
announced by the chairman/mayor. If a member wishes to challenge an agenda item on the basis that the
item is not a proper topic for council discussion, such member shall state that he or she “objects to the
consideration of the question.” This action does not require a second. When the objection is made, the
chairman/mayor shall immediately call the question: “will the assembly consider this question?” if 2/3 of
the members vote “no,” the question cannot be introduced. An objection to consideration of a question
must be made when the item is first introduced and before it has been debated. A motion for appropriate
action shall be made after discussion of an item has been concluded.
(b) Motions. After obtaining the floor a motion can be made before the assembly on the particular
subject of discussion. A “second” to the motion must be made by another town council member within a
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reasonable but brief time period. Without a “second” the motion dies. No main motion can be made when
another motion is pending.
(c)Withdrawal of motions. A motion may be withdrawn, or modified, by its mover without asking
permission until the motion has been stated by the chairman/mayor. If the mover modifies his motion, the
person who seconds the motion may withdraw his second. After the question has been stated, the mover
shall neither withdraw it nor modify it without the consent of the council.
(d) Stating the question. In principle, the chairman/mayor must state the question on a motion
immediately after it has been made and seconded, unless the council member is obligated to rule that the
motion is out of order or if the wording is not clear.
(e)Amendments to motions. No motion or proposition of a subject different from that under
consideration shall be admitted under color of amendment. A motion to amend an amendment shall be in
order, but one to amend an amendment to an amendment shall not be in order.
(f)Debate. Debate must be limited to the merits of the immediately pending question as stated by the
chair and by authority of the chairman/mayor.
(g)Calling for the question by chair - ending debate.
(1) The chairman/mayor may “call for the question” without a vote if debate appears to have
closed and if there are no objections by any council member.
(2) A motion for the previous question (call the question) may not interrupt a speaker who has
the floor, must be made and seconded, is not debatable, cannot be amended, requires an
affirmative, two-thirds vote of members present to pass and in this assembly cannot be
reconsidered. Additionally, in order to protect the democratic process, any council member or
member of the public who is on record to speak before the motion is made will be permitted
to speak before the vote is taken on the motion for the previous question.
(2006 Code, ch. 1, sec. 6.01(H). See end of this division for full history for this division.)
Sec. 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
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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(I). See end of this division for full history for this division.)
(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)
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*
ARTICLE 1.03 TOWN COUNCIL
Division 1. Generally
Secs. 1.03.001–1.03.030Reserved
†
Division 2. Meetings and Rules of Procedure
Sec. 1.03.031Authority
Pursuant to section 3.11 of the home rule charter of the town, the town council shall
determine its own rules of procedure.
The Charter of the Town of Trophy Club, Texas, provides for open meetings for the Town Council at which
reasonable opportunity shall be given for Citizens to be heard under such rules as the Council may
provide. The Rules of Procedure establish guidelines to be followed by all persons attending a Town
Council meeting, including members of the Town Council, Town Staff and visitors.
(2006 Code, ch. 1, sec. 6.01(A). See end of this division for full history for this division.)
Sec. 1.03.032General rules
(a)Meetings to be public. All official meetings of the town council and all sessions of a
subcommittee of the town council consisting of a quorum of the council shall be public
unless otherwise specified by council.
(b)Quorum. The governing body of the town consists of a mayor and six (6) council
members. Attendance at a council meeting by four (4) of the seven (7) members of the
town council constitutes a quorum for the purpose of a regular or special meeting.
Charter reference–
Quorum, sec. 3.12.
(c)Attendance. As specified in the town charter, should a member of the town council
fail to attend three consecutive regular meetings without being excused by the council,
his/her office may be declared forfeited by the council. A member of the town council
who is unable to attend a council meeting shall notify the town secretary 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 town secretary shall be provided
as soon as practicable after the member becomes aware that he/she will be absent.
The town secretary shall notify the council of the absence prior to the beginning of the
council meeting from which the member will be absent.
*
Charter references–
Council, sec. 3.00; nominations and elections, sec. 5.00; recall, sec. 6.00; initiative and
referendum, sec. 7.00.
†
Charter reference–
Rules of the council, sec. 3.11.
State law reference–
Open meetings, V.T.C.A., Government Code, ch. 551.
Town CouncilPage 83 of 101Meeting Date: February 23, 2016
Charter reference–
Forfeiture of office, sec. 3.04.
(d)Misconduct. The town council may punish its own members for misconduct as
authorized by state law and town charter.
(e)Minutes of town council meetings. An account of all proceedings of the town
council shall be kept by the town secretary and shall be entered into a book constituting
the official record of the town council.
(f)Questions to contain one subject. All questions submitted for a vote shall contain
only one subject. If two or more points are involved, any member may require a division,
if the question reasonably admits of a division.
(g)Right to floor. Any town council member desiring to speak shall be recognized by
the chairman/mayor. No member shall be allowed to speak more than once on any one
subject until every member wishing to speak shall have spoken.
(h)Town manager. The town manager or assistant town manager or acting town
manager, shall attend all meetings of the town council unless excused by the mayor or
town council. The town manager, assistant town manager, or actingtown manager may
make recommendations to the town council and shall have the right to take part in all
discussions of the town council, but shall have no vote. The town manager may place
an item for discussion and/or action on the council agenda.
(i)Town attorney. The town attorney or acting town attorney, shall attend all meetings
of the town council unless excused by the mayor or town council and shall, upon
request, give an opinion, either written or oral, on questions of law. The town attorney
shall act as the town council’s parliamentarian.
(j)Town secretary. The town secretary or acting town secretary, shall attend all
meetings of the town council unless excused by the mayor or town council, and shall
keep the official minutes and perform such other duties as may be requested of him/her
by the town council.
(k)Officers and employees. Any officer or employee of the town, when requested by
the town manager, shall attend any meeting of the town council. If requested to do so by
the town manager, they may present information relating to matters before the town
council.
(l)Rules of order. Robert’s Rules of Order Newly Revised, as amended by the
council, shall govern the proceedings of the town council.
(m)Suspension of rules. Any provision of theserules may be temporarily suspended
by a two-thirds vote of all members of the town council in attendance. The vote on any
such suspension shall be taken by a show of hands and entered into the record.
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(n)Amendment to rules. These rules may be amended, or new rules adopted with a
favorable vote by four (4) members of the town council in attendance, provided that the
proposed amendments or new rules shall have been introduced into the record at a
prior town council meeting.
(2006 Code, ch. 1, sec. 6.01(B). See end of this division for full history for this division.)
Sec. 1.03.033Types of meetings
(a)Regular meetings. The town council shall meet in the council/board room at the
Municipal Utility District Building, 100 Municipal Drive, Trophy Club, Texas, on the
second and fourth Tuesday of each month and each meeting shall commence at the
time and place posted on the agenda for that meeting.
(b)Special meetings. Special meetings may be called by the mayor or by any three (3)
members of the town council. The call for a special meeting shall be filed with the town
secretary in written form, except that announcement of aspecial meeting, during any
regular meeting at which all members are present, shall be sufficient notice of such
special meeting. The call for a special meeting shall specify the day and the hour of the
special meeting, and shall list the subject or subjects to be considered. No special
meeting shall be held until at least 72 hours after the call is issued or within two (2)
hours for an emergency meeting. Only such business may be transacted at a special
meeting as may be listed in the call for said meeting or as incident thereto.
(c)Emergency meetings. In case of emergency or urgent public necessity, which shall
be expressed in notice of the meeting, an emergency meeting shall be called by the
chairman/mayor or on the application of three (3) members of the town council, and it
shall be sufficient if the notice is posted two (2) hours before the meeting is convened.
(d)Recessed meetings. Any meeting of the town council may be recessed to a later
time, provided that no recess shall be for a longer periodthan until the next regular
meeting.
(e)Public hearings.
(1)All meetings shall be held in full compliance with the provisions of state law
and codes of the town. Any party in interest may appear in his/her own behalf
or be represented by counsel or agent.
(2)The town secretary shall set public hearing dates for the town council as
requested, be responsible for timely advertising in the official newspaper, and
notify interested parties according to requirements of the town council.
(2006 Code, ch. 1,sec. 6.01(C). See end of this division for full history for this division.)
Charter references–
Meetings of the council, sec. 3.09; special meetings, sec. 3.10.
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Sec. 1.03.034Chairman
(a)Designation. The mayor, if present, shall preside as chairman at all meetings of the
town council. In the absence of the mayor, the mayor pro-tem shall preside. In the
absence of both the mayor and the mayor pro-tem, the town council shall elect a
chairman.
(b)Call to order. The meetings of the town council shall be called to order by the
mayor, or in his absence, by the mayor pro-tem. In the absence of both the mayor and
the mayor pro-tem, the meeting shall be called to order by the town secretary.
(c)Preservation of order. The chairman shall preserve order and decorum, prevent
personalities from becoming involved in debate and confine members in debate to the
question under discussion.
(d)Points of order.
(1)A member may interrupt debate for immediate consideration of questions
relating to rights and privilegesof the assembly. The chairman/mayor will
decide the question or may refer to the town attorney for a ruling. The
chairman/mayor’s decision is subject to appeal to the town council.
(2)A member of the council may appeal a ruling of the chair by obtainingthe
floor and stating, “I appeal from the ruling of the Chair.” The person appealing
can interrupt a speaker who has the floor. If another member seconds the
appeal, the procedure is as follows: the mayor/chair puts the question to the
members for a vote.The question cannot be amended and it is debatable
unless the immediately pending question is not debatable, the purpose of the
vote is to decide whether the chair’s ruling should be sustained. The
mayor/chair is entitled to speak first and last in any discussion about the
appeal or his/her decision. A majority vote is required to overturn the decision
of the chair, and the question can be reconsidered.
(e)Questions to be stated. The chairman shall state all questions submitted for a vote
and announce the result. The announcement of the result will include the number of
votes for, number of votes against and abstentions, or state if unanimous.
(f)Substitution of chairman. The chairman may call any other member to take his
place in the chair, such substitution not to continue beyond adjournment.
(2006 Code, ch. 1, sec. 6.01(D). See end of this division for full history for this division.)
Sec. 1.03.035Order of business; agenda
(a)Agenda. The business of each meeting shall be as contained in the agenda in the
order established by the mayor. The town secretary shall prepare the agenda. The
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agenda shall be a listing of topics to be considered by the town council and delivered to
members of the town council each Thursday preceding the Tuesday meeting to which it
pertains. The agenda may provide for a work session immediately preceding the
commencement of the council meeting in order to allow council discussion and
questions related to one or more of the items posted on the agenda.
At the end of each
agenda item, the agenda should specify the first initial and last name of the person(s) adding the item to
be considered on the agenda.
(b)Presentations by members of town council; future agenda items. The agenda shall
provide a time when the mayor or any town council member may bring before the town
council any business that the town council member believes should be deliberated upon
by the town council at a future meeting of the town council. However, pursuant to the
town charter, before any item is placed for discussion and/or action on a future town
council agenda, a request for its placement on the agenda shall be made by either the
mayor or by any two (2) councilmembers. These matters need not be specifically listed
on the agenda, but discussion and formal action on such matters shall be deferred until
a subsequent town council meeting provided that the requirements of chapter 551
Texas Government Code have been met.
Charter reference–
Agenda, sec. 3.11(b).
(c)Request for agenda item by chairperson. A chairperson of a council appointed
board, commission, corporation, or other appointed body requesting that an item be
placed on the council agenda for discussion and/or action shall present such request to
the town manager in writing in the time frame set forth in subsection (d) below.
(d)Deadline for submission of agenda items. A subject for the town council’s
consideration shall be submitted to the town secretary’s office in writing not later than
5:00 p.m. on Monday, (7 days prior) to the meeting at which the subject is to be
considered.
(e)Presentation by citizens or representative(s) of organized groups; citizen
presentations. Presentations by citizens at the citizens presentation segment of a
council meeting, with or without prior notification, shallbe limited to a total of four (4)
minutes.
(f)Presentation by citizens or representative(s) of organized groups; agenda items.
Presentations by citizens, with or without prior notification, shall be limited to a total of
six minutes. For items on the agenda, the speaker will be limited to four (4) minutes of
time to complete his/her comments prior to council discussion and two (2) minutes of
time subsequent to council discussion but before the chair calls for a vote. The
designated timekeeper shall maintain the time and advise the speaker when his/her
time has expired. The speaker shall then complete his sentence and take his/her seat.
A person may not give his/her speaking time to another. Persons wishing to express
their position on an agenda item but who do not wish to speak shall complete a
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speaker’s card and indicate their support or opposition. The name and respective
position of such person(s) shall be read into the record.
(g)Rules of conduct applicable to citizen’s presentations for agenda items, citizen’s
presentations, and for public hearings.
(1)Each person addressing the council shall step up to the microphone, shall
give his or her nameand address in an audible tone of voice for the record. If
representing an organized group, the speaker shall identify the group
represented. All remarks shall be addressed to the council as a body, and not
to any member thereof. No person, other than town staff, members of the
council and the person having the floor, shall be permitted to enter into any
discussion, either directly or through the members of the council. No
questions shall be asked of the councilmembers, except through the presiding
officer.
(2)All citizens shall refrain from private conversations in the chamber while the
town council is in session.
(3)Citizens attending town council meetings shall observe the same rules of
priority, decorum, and good conduct applicable to the administrative staff. Any
persons making personal, impertinent, or slanderous remarks, or who
becomes boisterous while addressing the town council or while attending the
town council meeting, shall be removed from the room if the chief of police (or
his representative) is so directed by the mayor/chairman, and such person
shall be barred from further audience before the town council during that
session of the town council.
(4)Unauthorized remarks from the audience, stamping of feet, whistles, yells and
similar demonstrations shall not be permitted by the mayor/chairman, who
shall direct the chief of police to remove such offenders from the room.
(5)In case the chairman shall fail to act, any other of the town council may move
to require the chair to enforce the rules, and the affirmative vote of a majority
of all members present of the town council shall require the presiding officer
to act.
(6)No placards, banners or signs of any kind shall be permitted in the council
chamber unless exhibits, displays and visualaids are used in connection with
presentations to the town council, provided that such exhibits, displays and
visuals aids do not disrupt the meeting.
Article 1.03 Town Council
Division 2. Meetings and Rules of ProcedurePage 6 of 12
Town CouncilPage 88 of 101Meeting Date: February 23, 2016
(h)Written communications to council.
(1)General. Interested parties, or their authorized representatives, may address
the council by written communication in regard to any matter concerning the
town’s business or over which the council has control at any time.
(2)Agenda items. A written communication relative to an item posted for
consideration on a town council agenda may be submitted by direct mail to
the council or by delivery of the communication to the town secretary at least
four (4) hours prior to the time for commencement of the town council meeting
at which an item will be discussed. Upon timely receipt of a communication,
the town secretary shall distribute copies to each of the councilmembers and
shall make copies available for public review at a designated location in the
council chambers. The names of those submitting the communication and the
topic addressed will be entered into the record without the necessity for
reading as long as sufficient copies are available at the meeting for review by
members of the audience/public.
(i)Presentations by town manager. Matters requiring the council’s attention which
may have developed since the deadline for delivery of the written communication to the
council may be presented orally by the town manager for informational purposes only in
accordance with chapter 551 Texas Government Code.
(j)Requests for research or information. The mayor and individual councilmembers
may request information or research from the town staff on a given topic through the
town manager who will make all members of council aware of the special request, as it
may be of interest to them as well. Accordingly, the town manager will provide the
results of the request to all members of council. In the event the town manager believes
he cannot respond in a timely manner, he and themembers of council will coordinate a
reasonable and responsible timeframe in which to expect the results without unduly
interfering with other activities of higher priority.
(k)Notification of significant activities or events. The mayor and councilmembers
expect the town manager to notify them, and provide periodic updates regarding
significant activities or events in the town related to natural or manmade disasters,
major criminal activity, accidents involving town property, or death involving town
staff/employees.
(l)Seating arrangement. The town manager, town secretary, and town attorney shall
occupy the respective seats in the council chamber assigned to them by the
chairman/mayor, but any two (2) or more of the town council may exchange seats.
(2006 Code, ch. 1, sec. 6.01(E). See end of this division for full history for this division.)
Article 1.03 Town Council
Division 2. Meetings and Rules of ProcedurePage 7 of 12
Town CouncilPage 89 of 101Meeting Date: February 23, 2016
Sec. 1.03.036Ordinances, resolutions and motions
(a)Printed or typewritten form. All ordinances and resolutions shall be presented to
the town council onlyin written form.
(b)Town attorney to approve. All ordinances and resolutions shall be approved as to
form and legality by the town attorney.
(c)Distribution of ordinances. The town secretary shall prepare copies of all proposed
ordinances for distribution to all members of the town council at the meeting at which
the ordinance is introduced, or at such earlier time as is expedient.
(d)Recording of votes. The show of hands shall be taken and entered upon the
passage of all ordinances and resolutions and entered into the official record of the
council.
(e)Vote required for approval. Approval of every ordinance, resolution, or motion shall
require the affirmative vote of four (4) of the members of the town council in attendance.
(f)Mayoral vote. The mayor shall have a vote on all matters before the council.
(g)Conflict of interest. Should any person on the town council have a conflict of
interest pursuant to any state laws and/or town ordinances regulating conflicts of
interest with regard to an itemon the council agenda, such person shall openly declare
the conflict before the discussion proceeds, shall complete an affidavit as required by
state law, and shall be prohibited from participating in the discussion or vote on the
item.
(h)Abstention from voting. Should any person on the town council abstain from voting
on an agenda item where no conflict of interest under state law and/or town ordinance
exists, the person’s vote shall be recorded as a negative vote in the minutes of the
council meeting.
(2006 Code, ch. 1, sec. 6.01(F). See end of this division for full history for this division.)
Charter references–
Procedure for enacting ordinances and resolutions, sec. 3.16;
conflict of interest and abstention, sec. 3.20.
Sec. 1.03.037Rules of decorum
(a)Recognition by chairman/mayor. No person shall address the town council without
first being recognized by the chairman/mayor.
(b)Order. While the council is in session, the members must preserve order and
decorum, and a member shall neither, by conversation or otherwise, delay or interrupt
the proceedings or the peace of the town council nor disturb any member while
speaking or refuse to obey the orders of the chairman/mayor. Members of the town
Article 1.03 Town Council
Division 2. Meetings and Rules of ProcedurePage 8 of 12
Town CouncilPage 90 of 101Meeting Date: February 23, 2016
council shall not leave their seats during a meeting without first obtaining the permission
advising
of the chairman/mayor.
(c)Chairman/mayor may debate. The chairman/mayor may move only to such
limitations of debate as are the rights and privileges of a town council member by
reason of his acting as the chairman/mayor. If the chairman/mayor is engaged in debate
and is abusing his position as chairman, at the insistence of any three (3) council
members, the chairman/mayor member must relinquish the chair in accordance with
provisions of Robert’s Rules of Order Newly Revised.
(d)Getting the floor, improper references to be avoided. Every member desiring to
speak shall address the chair, and upon recognition by the chairman/mayor shall
confine himself/herself to the questions under debate, avoiding all personalities and
inappropriate language.
(e)Interruptions. A member, once recognized, shall not be interrupted when speaking
unless it be to callthe member to order, or as herein otherwise provided. If a member,
while speaking, is called to order, the town council member shall cease speaking until
the question of order be determined and, if in order, the town council member shall be
permitted to proceed.
(2006 Code, ch. 1, sec. 6.01(G). See end of this division for full history for this division.)
Sec. 1.03.038Parliamentary motions and precedence
(a)Discussion of items. Each agenda item shall be considered open for discussion
when that item isannounced by the chairman/mayor. If a member wishes to challenge
an agenda item on the basis that the item is not a proper topic for council discussion,
such member shall state that he or she “objects to the consideration of the question.”
This action does not require a second. When the objection is made, the chairman/mayor
shall immediately call the question: “will the assembly consider this question?” if 2/3 of
the members vote “no,” the question cannot be introduced. An objection to
consideration of a question must be made when the item is first introduced and before it
has been debated. A motion for appropriate action shall be made after discussion of an
item has been concluded.
(b)Motions. After obtaining the floor a motion can be made before the assembly on
the particular subject of discussion. A “second” to the motion must be made by another
town council member within a reasonable but brief time period. Without a “second” the
motion dies. No main motion can be made when another motion is pending.
(c) Withdrawal of motions. A motion may be withdrawn, or modified, by its mover
without asking permission until the motion has been stated by the chairman/mayor. If
the mover modifies his motion, the person who seconds the motion may withdraw his
second. After the question has been stated, the mover shall neither withdraw it nor
modify it without the consent of the council.
Article 1.03 Town Council
Division 2. Meetings and Rules of ProcedurePage 9 of 12
Town CouncilPage 91 of 101Meeting Date: February 23, 2016
(d)Stating the question. In principle, the chairman/mayor must state the question on a
motion immediately after it has been made and seconded, unless the council member is
obligated to rule that the motion is out of order or if the wording is not clear.
(e)Amendments to motions. No motion or proposition of a subject different from that
under consideration shall be admitted under color of amendment. A motion to amend an
amendment shall be in order, but one to amend an amendment to an amendment shall
not be in order.
(f)Debate. Debate must be limited to the merits of the immediately pending question
as stated by the chair and by authority of the chairman/mayor.
(g)Calling for the question by chair - ending debate.
(1)The chairman/mayor may “call for the question” without a vote if debate
appears to have closed and if there are no objections by any council member.
(2)A motion for theprevious question (call the question) may not interrupt a
speaker who has the floor, must be made and seconded, is not debatable,
cannot be amended, requires an affirmative, two-thirds vote of members
present to pass and in this assembly cannot be reconsidered. Additionally, in
order to protect the democratic process, any council member or member of
the public who is on record to speak before the motion is made will be
permitted to speak before the vote is taken on the motion for the previous
question.
The following steps may be used as a model or guidebook by the Presiding Officer. The meeting
is governed by the agenda and the agenda constitutes the only items to be discussed. Each
agenda item can be handled by thePresiding Officer in the following basic format:
1. Announce the Item. The Presiding Officer should clearly announce the agenda item number
and should clearly state what the subject matter of the agenda item is by reading the caption
for the item being considered.
2. Receive a Report. ThePresiding Officershould invite the appropriate people to report on the
item, including any recommendation they might have.
3. Ask Clarifying Questions. The Presiding Officer should ask the Members if they have any
technical questions for clarification. At this point, the members may ask clarifying questions to
the people who reported on the item, and they should be given time to respond.
4. Seek Resident Input. The Presiding Officer should invite resident comments (limited to 4
minutes or a time determined appropriate by the Presiding Officer) – or if a public hearing, open
the public hearing. Upon conclusion of the public hearing, the Presiding Officer should announce
the public hearing closed.
Article 1.03 Town Council
Division 2. Meetings and Rules of ProcedurePage 10of 12
Town CouncilPage 92 of 101Meeting Date: February 23, 2016
5. Motion First. The Presiding Officer should invite a motion from the Members before debate is
given on the merits of the item. The Presiding Officershould announce the name of the
Members who makes the motion.
6. Motion Second. The Presiding Officer should determine if any Members wishes to second the
motion. The Presiding Officer should announce the name of the Members who seconds the
motion. If no Members wishes to second the motion, then the motion fails, and should be so
stated by the Presiding Officer.
7. Repeat Motion. If the motion is made and seconded, thePresiding Officershould make
certain that everyone (including the audience) understands the motion. This is done in three
ways: a. The Presiding Officer can ask the maker of the motion to repeat it; b. The Presiding
Officer can repeat the motion; or c. The Presiding Officer can ask the Town Secretary to repeat
the motion.
8. Discuss the Motion. The Presiding Officer should now invite the Membersto discuss the
motion. If there is no desired discussion, the Presiding Officer may call for a vote. If there has
been no discussion or a brief discussion, then there is no need to repeat the motion before
taking a vote. If the discussion has been lengthy, it is a good idea to repeat the motion before
calling for the vote.
9.Seek Resident Input. The Presiding Officer should invite resident comments (limited to 2
minutes or a time determined appropriate by the Chair)
10. Vote.The Presiding Officercalls for the vote. Unless a super-majority is required for
passage of the motion, a simple majority vote determines whether the motion passes or fails.
11. Announce the Outcome. The Presiding Officer announces the results of the vote and should also
state what action (if any) the Members have taken.
(2006 Code, ch. 1, sec. 6.01(H). See end of this division for full history for this division.)
Sec. 1.03.039Creation 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
Article 1.03 Town Council
Division 2. Meetings and Rules of ProcedurePage 11of 12
Town CouncilPage 93 of 101Meeting Date: February 23, 2016
provided in accordance with the guidelines in the handbook for elected and appointed
officials, as amended from time to time. Any suchappointed 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(I). See end of this division for full history for this division.)
(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)
Article 1.03 Town Council
Division 2. Meetings and Rules of ProcedurePage 12of 12
Town CouncilPage 94 of 101Meeting Date: February 23, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-100-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:2/13/2016 In control:Town Council
On agenda:2/23/2016 Final action:
Title:Town Council Liaison Updates; discussion of same.
*Parks and Recreation Board, February 15, 2016
Council Liaison - Council Member Philip Shoffner
Attachments:
DateVer.Action ByActionResult
Town Council Liaison Updates; discussion of same.
*Parks and Recreation Board, February 15, 2016
Council Liaison - Council Member Philip Shoffner
Town CouncilPage 95 of 101Meeting Date: February 23, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-101-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:2/13/2016 In control:Town Council
On agenda:2/23/2016 Final action:
Title:Town Manager Seidel's update regarding the following; discussion and provide input regarding same.
*Town Hall Groundbreaking
*Early Voting for Primary Election
*Senior Court Clerk
Attachments:
DateVer.Action ByActionResult
Town Manager Seidel's update regarding the following; discussion and provide input regarding same.
*Town Hall Groundbreaking
*Early Voting for Primary Election
*Senior Court Clerk
Town CouncilPage 96 of 101Meeting Date: February 23, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-102-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:2/13/2016 In control:Town Council
On agenda:2/23/2016 Final action:
Title:Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming
Regular Session Council Agenda for March 8, 2016 meeting; and discussion of the Town Council
Future Agenda Items list.
Attachments:March 8, 2016 Upcoming Agenda.pdf
Items for Future Agendas updated 2-15-2016.pdf
DateVer.Action ByActionResult
ItemsforFutureAgendastoincludediscussionofAgendaItemsforconsiderationontheupcomingRegularSession
Council Agenda for March 8, 2016 meeting; and discussion of the Town Council Future Agenda Items list.
Town CouncilPage 97 of 101Meeting Date: February 23, 2016
Meeting Date 3/8/2016
STAFF
No. ConsentRESORDPROCFile IDDept
RPT
ConsiderandtakeappropriateactionregardingtheMinutesdatedJanuary29and
1Town Sec
30, 2016.
ConsiderandtakeappropriateactionregardingtheMinutesdatedFebruary9,
2Town Sec
2016.
ConsiderandtakeappropriateactionregardingarequestfromTrophyClub
Women’sClubforaTemporaryUsePermit-SpecialPrivilegeRequesttoallow
3
Com Dev
two communitygarage sales in calendar year 2016.
STAFF
No. Regular SessionRESORDPROCFile IDDept
RPT
Consider and take appropriate action regarding the acceptance of the Audit for the
4
Finance
Town of Trophy Club, Fiscal Year 2014-2015.
ConsiderandtakeappropriateactionregardingaProclamationproclaimingApril5,
2016 as Mayors Day of Recognition for National Service in the Town of Trophy Club.
5
Town Sec
ReviewofCapitalProjectsthatwerediscussedattheCouncilRetreatinJanuary
Town
6
2016; discussion of same.
Mgr
Receive an update from Keep Trophy Club Wild regarding the Community Garden.
7
Parks
Town Council Liaison Updates; discussion of same:
8
Town Sec
Town Manager Seidel's update regarding the following; discussion and provide
9
Town Mgr
input regarding same.
STAFF
No. Upcoming Agenda & Council Future Agenda Items List UpdateRESORDPROCFile IDDept
RPT
Items for Future Agendas to include discussion of Agenda Items for consideration
on the upcoming Regular Session Council Agenda for March 22, 2016 meeting; and
10
Town Sec
discussion of the Town Council Future Agenda Items list, to include discussion of
the below items from the Future Agenda Items list:
A) Item No. 1 - Consider and take appropriate action regarding signage in medians
at Trophy Club Drive, Trophy Wood Drive, Indian Creek and possibly Bobcat.
(Sanders 7/22/2014) (1-Oct 28, 2014) (2-Feb 10, 2015) (3-May 12, 2015) (4-August
11, 2015) (5-December 8, 2015) (6-March 8, 2016)
B) Item No. 2 - Review ordinances regarding Town Homes, Condos and apartments.
(Sanders 8/4/2014) (1-Nov 13, 2014) (2-Feb 24, 2015) (3-May 26, 2015) (4-August
11, 2015) (5-December 8, 2015) (6-March 8, 2016)
C) Item No. 3 - Discussion of possible uses of hotel occupancy tax funds, including
the ability to use the funds for Trophy Club Park. (Lamont and Kurtz 4/14/2015) (1-
July 14, 2015) (2-December 8, 2015) (3-March 8, 2016)
D) Item No. 4 - Discussion and action related to town garage/special/estate/moving
sales, etc. (Sanders 4/28/2015) (1-July 28, 2015) (2-December 8, 2015) (3-March 8,
2016)
Town CouncilPage 98 of 101Meeting Date: February 23, 2016
E) Item No. 5 - Establish a reserve policy for Trophy Club Park. (Sanders 5/26/2015)
(1-August 25, 2015) (2-December 8, 2015) (3-March 8, 2016)
STAFF
No. Executive SessionRESORDPROCFile IDDept
RPT
Pursuant to the following designated sections of Texas Government Code,
Annotated, Subchapter 551 (Texas Open Meetings Act), the Council will enter into
11
Town Sec
executive session to discuss the following items:
STAFF
No. Regular Session
RPTRESORDPROCFile IDDept
Consider and take appropriate action regarding the Executive Session.
12
Town Sec
Town CouncilPage 99 of 101Meeting Date: February 23, 2016
Town Council Future Agenda Items List
(Updated 2/15/2016)
1. Consider and take appropriate action regarding signage in medians at Trophy Club Drive,
Trophy Wood Drive, Indian Creek and possibly Bobcat. (Sanders 7/22/2014) (1-Oct 28, 2014)
(2-Feb 10, 2015)(3-May 12, 2015) (4-August 11, 2015)(5-December 8, 2015) (6-March 8,
2016)
10/28/2014 – Council discussed and would like a plan brought back on a future agenda.
2/10/2015 – Mayor Sanders provided update including examples of Southlake signage.
5/12/2015 – No new update provided.
7/15/2015 – Will be placed on the August 25, 2015 agenda for an update.
8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this
item.
12/8/2015 - Assistant Town Manager/CFO Glickman advised that the Town is in the process
of going out for bids regarding park monument signage and wayfinding signage.
2.Review ordinances regarding Town Homes, Condos and apartments. (Sanders 8/4/2014) (1-
Nov 13, 2014) (2-Feb 24, 2015) (3-May 26, 2015) (4-August 11, 2015) (5-December 8, 2015)
(6-March 8, 2016)
2/24/2015 – Acting Town Manager Seidel provided update (waiting to fill vacant Planning
position).
5/12/2015 – Mayor Sanders provided an update that this item will be discussed once the
vacant Planning position is filled.
7/15/2015 – Will be placed on the August 25, 2015 agenda for an update.
8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this
item.
12/8/2015 - Mayor Sanders advised that he was concerned that the restrictions for condos
and apartments, such as multiple families living at one address, may be insufficient.
3. Discussion of possible uses of hotel occupancy tax funds, including the ability to use the
funds for Trophy Club Park. (Lamont and Kurtz 4/14/2015) (1-July 14, 2015) (2-December 8,
2015) (3-March 8, 2016)
7/14/2015 – Discussed having this item for an update on the August 25, 2015 agenda.
8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this
item.
12/8/2015 - Mayor Sanders advised that he would like additional information on specific
items that hotel occupancy tax funds could be used for.
4. Discussion and action related to town garage/special/estate/moving sales, etc. (Sanders
4/28/2015) (1-July 28, 2015) (2-December 8, 2015) -March 8, 2016)
(3
7/14/2015 – Discussed having this item for an update on the August 25, 2015 agenda.
8/25/2015 – Mayor Sanders commented to possibly look at this item at the end of the year
in time for the next Women’s Garage Sale.
12/8/2015 - Discussion took place that Town Staff is continuing to work on this item.
5. Establish a reserve policy for Trophy Club Park. (Sanders 5/26/2015) (1-August 25, 2015) (2-
December 8, 2015) -March 8, 2016)
(3
Page 1 of 2
Town CouncilPage 100 of 101Meeting Date: February 23, 2016
8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this
item.
12/8/2015 – Discussion took place to have the ability to pay for certain Parks personnel cost
out of the general fund and at the end of the year the Parks budget would reconcile those
costs.
6. Review negotiating with the Trophy Club Municipal Utility District No. 1 to transfer the title
for the land that the Annex Building is built on. (Lamont 11/10/2015) (1-February 9, 2016)
(2-May 10, 2016)
1/12/2016 – At the January 12, 2016 Council meeting, Council made TCMUD No. 1an offer
regardingthe Annex Building.
7. Discussion to change park hours to stay open until 10 p.m. and clearly note change on new
signage. (Reed 1/12/2016) (1-April 12, 2016)
8. Discussion and consideration of laws related to texting while driving inside the Town. (Reed
1/26/2016) (1-April 26, 2016)
9. Discussion of Interlocal Agreements with TCMUD No. 1 for Fire services and building
services such as trash, drainage, etc. (Sanders 1/26/2016) (1-April 26, 2016)
Page 2 of 2
Town CouncilPage 101 of 101Meeting Date: February 23, 2016