Agenda Packet TC 10/22/2019
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Town CouncilPage 1 of 136Meeting Date: October 22, 2019
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Town CouncilPage 2 of 136Meeting Date: October 22, 2019
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Town CouncilPage 3 of 136Meeting Date: October 22, 2019
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Town CouncilPage 4 of 136Meeting Date: October 22, 2019
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Town CouncilPage 5 of 136Meeting Date: October 22, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-503-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
10/9/2019Town Council
On agenda:Final action:
10/22/2019
Title:
Receive Town Manager Norwood's update and provide input regarding the following (S. Norwood):
*Early Voting
*Veterans Day Ceremony
*Fall Family Campout
*November and December 2019 Meeting Dates
Attachments:
DateVer.Action ByActionResult
Agenda Item No. 1:
Receive Town Manager Norwood's update and provide input regarding the following (S. Norwood):
*Early Voting
*Veterans Day Ceremony
*Fall Family Campout
*November and December 2019 Meeting Dates
Town CouncilPage 6 of 136Meeting Date: October 22, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-505-T1
Type:Status:
Agenda ItemConsent Agenda
File created:In control:
10/9/2019Town Council
On agenda:Final action:
10/22/2019
Title:
Consider and take appropriate action regarding the Town Council Regular Session Minutes dated
October 8, 2019 (S. Norwood).
Attachments:
Draft TC Regular Session Minutes October 8, 2019.pdf
DateVer.Action ByActionResult
Agenda Item No. 2:
ConsiderandtakeappropriateactionregardingtheTownCouncilRegularSessionMinutesdatedOctober8,2019(S.
Norwood).
Town CouncilPage 7 of 136Meeting Date: October 22, 2019
TOWN OF TROPHY CLUB
TOWN COUNCIL REGULAR SESSION MINUTES
TUESDAY, OCTOBER 8, 2019 7:00 P.M.
LOCATION: 1 TROPHY WOOD DRIVE, TROPHY CLUB, TEXAS
COUNCIL CHAMBERS
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, October 8, 2019. The
meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
C. Nick Sanders Mayor
Eric Jensen Mayor Pro Tem, Place 2
Alicia L. Fleury Council Member, Place 1
Sean Bone Council Member, Place 3
Karl Monger Council Member, Place 4
Philip Shoffner Council Member, Place 6
TOWN COUNCIL MEMBERS ABSENT:
Michael Geraci Council Member, Place 5
STAFF PRESENT:
Wade Carroll Interim Town Manager Tony Jaramillo Director of Parks and Recreation
David Dodd Town Attorney Jill Lind Communications and Marketing Manager
Holly Fimbres Town Secretary/RMO Mike Pastor Information Services Manager
Patrick Arata Police Chief Lisa Payne Town Planner
Kevin Arrington Firefighter/EMT-P Brian Peters Firefighter/EMT-P
Greg Boos Fire Driver/Engineer Eric Sampson Firefighter/EMT-P
Gary Cochran Interim Fire Chief Gary Sipes Fire Captain/Training Coordinator
Shereen Contrereas Community Service Officer Sara Stockstrom Firefighter/EMT-P
Cheryl Davenport Interim Director of Finance Tommy Uzee Director of Community Development
April Duvall Chief Financial Analyst Steve Woodard Police Captain
Ernest Gillespie Senior Accountant Steve Zieverink Information Services Specialist
Mayor Sanders announced the date of October 8, 2019, called the Town Council to order and announced a
quorum at 7:00 p.m.
The Invocation was offered by Director of Parks and Recreation Jaramillo.
The Pledges to the American Flag and Texas Flag were led by Council Member Monger.
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 mustcomplete 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.
Lisa Wust, with Community Storehouse located in the City of Fort Worth, presented information on their service to
provide charity to children that were from low income families within the school districts of Northwest, Carroll,
and Keller. In 2018, Community Storehouse served almost 5,000 children and provided over 107,000 services.
This past year, Community Storehouse provided services to 423 children in about 100 households within the Town
Town CouncilPage 8 of 136Meeting Date: October 22, 2019
of Trophy Club. The program assists with educational and wellness programs, and helps with the resource gap
when schools cannot step in. Programs include after school and weekend programs, book clubs and an in-house
facilities program, with a focus on literacy and helping children succeed in the classroom. Community Storehouse
partners with local businesses and area churches to provide food and clothing for the children, weekend snacks,
monthly groceries for families, and Dignity Closets providing hygiene items to be distributed throughout the
schools. Community Storehouse works close with the Trophy Club citizens and families to provide services for
their children and invites the Town Council to tour their facility.
Jeffrey Ramsbottom, 2826 Exeter Drive, spoke regarding the parking ordinance from 3:00 a.m. to 5:00 a.m. He was
not against the ordinance but felt there was room for adjustments. The original ordinance was created for street
cleaning when there were about 2,000 citizens within the Town. He has a garage that will hold one vehicle, two
cars fit on his driveway and he has four drivers within his household. With the limited space, this has created a
problem when his children are home visiting. He received a citation but there should be options available such as
two day permits, a seven to 10 day permit during Spring Break, or up to 90 day permits during the summer
months. Currently his children come home twice a month on top of the holiday season. Mr. Ramsbottom
presented a proposal to adjust the parking permit ordinance.
ANNOUNCEMENTS AND REPORTS
1. Receive Interim Town Manager Carroll’s Update and provide input regarding the following (W. Carroll):
Service Award Ceremony – An Employee Service Awards Ceremony would be held on Monday, October
14, 2019 at 8:30 a.m. in the EOC Room to recognize employees for their five, 15 and 20 years of services.
Employees include Sergio Vargas, Thad Johnson, Luis Gonzalez and Samuel Barron for five years, Mike
Pastor for 15 years, and Tony Simmons for 20 years.
Town Manager Reception – Citizens were invited to attend a Meet and Greet Reception for the newly
hired Town Manager Steve Norwood on Tuesday, October 29, 2019 at HG Sply from 5:00 and 7:30 p.m.
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.
2. Consider and take appropriate action regarding the Town Council Regular Session Minutes dated September
24, 2019 (W. Carroll).
3. Consider and take appropriate action regarding the financial and variance report dated August 2019 (W.
Carroll).
4. Consider and take appropriate action regarding a Resolution providing the written consent of the Town of
Trophy Club for a 1.0055 acre tract of land situated in the J. Michael Survey, Abstract No. 821, Town of
Trophy Club, Denton County, Texas to be annexed into the boundaries of the Trophy Club Municipal Utility
District No. 1; and providing an effective date (W. Carroll).
5. Consider and take appropriate action regarding a Requisition Request for procurement of Tyler Technology
(Incode); and authorizing the Mayor or his designee to execute all necessary documents (W. Carroll).
Motion:
Motion made by Mayor Pro Tem Jensen, seconded by Council Member Fleury, to approve Consent Agenda Items
No. 2 through No. 5.
Motion carried unanimously 6-0-0.
Town Council Minutes October 8, 2019 Page 2 of 6
Town CouncilPage 9 of 136Meeting Date: October 22, 2019
REGULAR SESSION
6. Consider and take appropriate action regarding a Proclamation of the Town Council recognizing October
2019 as Bullying Prevention Month in Trophy Club; and providing an effective date (Mayor Sanders and
Council Member Fleury).
Council Member Fleury read the proclamation into the record.
Motion:
Motion made by Council Member Fleury, seconded by Council Member Monger, to approve Proclamation No.
2019-21, recognizing October 2019 as Bullying Prevention Month in Trophy Club; and providing an effective date of
October 8, 2019.
Motion carried unanimously 6-0-0.
Mayor Sanders presented Community Service Officer Shereen Contrereas with the proclamation.
Consider and take appropriate action regarding a Proclamation of the Town Council recognizing October
7.
2019 as Breast Cancer Awareness Month in Trophy Club; and providing an effective date (Mayor Sanders
and Council Member Fleury).
Council Member Fleury read the proclamation into the record.
Motion:
Motion made by Council Member Fleury, seconded by Council Member Bone, to approve Proclamation No. 2019-
22, recognizing October 2019 as Breast Cancer Awareness Month in Trophy Club; and providing an effective date
of October 8, 2019.
Motion carried unanimously 6-0-0.
Sarah Hamp thanked Council Member Fleury for inviting her to accept the proclamation. She was diagnosed in
February 2018 and realized there was a lack of social support networks to connect with other local survivors.
Within a few days of creating a private Facebook support group page, she found 20 survivors that lived in the area
and they were scheduled to have their first meeting on October 12, 2019 at the Beauty Hive in Roanoke from 4:00
to 6:00 p.m. This group will encourage and empower each other during their journey and have created the group
name The Pink Life.
Mayor Sanders presented Sarah Hamp with the proclamation.
8. Consider and take appropriate action regarding a Proclamation of the Town Council recognizing October
2019 as National Domestic Violence Awareness Month in Trophy Club; and providing an effective date
(Mayor Sanders and Council Member Fleury).
Council Member Fleury read the proclamation into the record.
Motion:
Motion made by Council Member Fleury, seconded by Council Member Bone, to approve Proclamation No. 2019-
23, recognizing October 2019 as National Domestic Violence Awareness Month in Trophy Club; and providing an
effective date of October 8, 2019.
Motion carried unanimously 6-0-0.
Town Council Minutes October 8, 2019 Page 3 of 6
Town CouncilPage 10 of 136Meeting Date: October 22, 2019
9. Consider and take appropriate action regarding a Proclamation of the Town Council recognizing October
6-12, 2019 as Fire Prevention Week in Trophy Club; and providing an effective date (W. Carroll).
Council Member Fleury read the proclamation into the record.
Motion:
Motion made by Council Member Fleury, seconded by Council Member Bone, to approve Proclamation No. 2019-
24, recognizing October 6-12, 2019 as Fire Prevention Week in Trophy Club; and providing an effective date of
October 8, 2019.
Motion carried unanimously 6-0-0.
Mayor Sanders presented the Trophy Club Fire Department with the proclamation.
Interim Town Manager Carroll remarked that the Fire Department would be hosting an Open House on Saturday,
October 19, 2019.
Police Chief Arata advised that School Resource Officer Jeff Annillo lost their home the night before due to a fire.
Gifts and donations were being accepted and a Go Fund Me page would be setup in the next few days.
Council Member Fleury announced that the Trophy Club Emergency Volunteers Association (TCEVA) was accepting
online donations for the Annillo family and they were accepting clothing and other donated items at the Town Hall,
and the Fire and Police Departments.
10. Recognition of Interim Director of Finance Cheryl Davenport for her service that she provided to the Town
of Trophy Club (W. Carroll).
Interim Town Manager Carroll recognized Interim Director of Finance Davenport for her recent work on the fiscal
year budget. She holds 26 years’ experience and did an outstanding job assisting during the budget process. He
thanked Ms. Davenport for her dedication and hard work.
Mayor Sanders thanked Ms. Davenport for her service and leadership and provided her with a plaque.
Council Member Fleury thanked Ms. Davenport for doing an excellent job.
11. Referred Agenda Item - Case RP-19-001 (Section 1, Lots 12R-1 & 12R-2)
Consider and take appropriate action regarding a request for a replat for the purpose of splitting one
residential lot into two residential lots containing approximately 0.567 acres of land and generally located
on the northeast corner of Palmetto Court and Oakmont Drive (W. Carroll).
Town Planner Payne stated that the purpose of this item was to consider approval of a residential replat to split
one lot into two lots on Palmetto Court. The strategic link was Nature and Beautification - Maintain Town assets,
services, and codes of ordinances that preserve the natural beauty of the Town. The proposed replat splits the
property on the corner of Palmetto Court and Oakmont Drive and meets the Town’s Subdivision Regulations and
Zoning Requirements. Several neighbors spoke against the proposal at the Planning and Zoning (P&Z) Commission
meeting and the Town Council meeting, and produced a petition to protest the replat. The petition requires a
super majority vote, which mandates six out of seven Council Members must vote in favor of the replat, if this was
to be approved. The P&Z Commission unanimously approved the replat in June 2019 and the Town Council
continued the public hearing in July 2019 in order for Staff to hold a Neighborhood Meeting. The meeting was
held on August 14, 2019 and the residents left understanding that the replat approval was a ministerial duty per
State law and residents have the authority to enforce their Covenants and Restrictions because the Town could
only enforce Town ordinances. At the August 27, 2019 Council meeting, the Town Council closed the public
hearing and referred this agenda item to the October 8, 2019 Council meeting to provide time for legal issues
between neighbors regarding the Covenants and Restrictions to be resolved. The proposed replat conforms to the
Town Council Minutes October 8, 2019 Page 4 of 6
Town CouncilPage 11 of 136Meeting Date: October 22, 2019
State law as well as the Town’s Subdivision Regulations and Zoning Requirements. Additionally, Staff
recommended approval of the replat.
Brian Denby, applicant, was present to address any questions.
Mayor Pro Tem Jensen stated that this was one of the most difficult cases submitted to the Council since his time
serving on Council. It was important that each decision made be in compliance with State law and Town
ordinances. It was the Council’s duty to follow the Town ordinance and after many discussions, nothing had been
proven otherwise; therefore the Council must follow the Town ordinance.
Motion:
Motion made by Mayor Pro Tem Jensen, seconded by Mayor Sanders, to approve Case RP-19-001 (Section 1, Lots
12R-1 & 12R-2), a request for a replat for the purpose of splitting one residential lot into two residential lots
containing approximately 0.567 acres of land and generally located on the northeast corner of Palmetto Court and
Oakmont Drive.
Mayor Sanders inquired if a super majority vote was based on Council Members present. Town Attorney Dodd
responded that it was based on the body and not on how many members of Council were present.
Council Member Bone remarked that he had spoken with a couple of real estate attorneys and although he was
disappointed in the answer, the Town’s due diligence was performed for the citizens and it was the Council’s duty
to approve the case.
The vote was taken.
Motion carried unanimously 6-0-0.
12. Discussion of items for Future Agendas to include agenda items for consideration on the October 22, 2019
Council agenda and items from the Town Council Future Agenda Items list (H. Fimbres).
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.
Council Member Shoffner requested to add the following item to the Town Council Future Agenda Items list: Task
the Town Attorney and Planning and Development Department to identify all Town situations that allow citizen
petition where ministerial duty is required. Mayor Sanders agreed to add the item.
Council Member Bone requested to add the following item to the Town Council Future Agenda Items list: Review
potential revisions to the overnight parking ordinance specific to temporary parking permits in order to
incorporate suggestions made by citizen Mr. Ramsbottom. Mayor Sanders agreed to add the item.
EXECUTIVE SESSION
13. Pursuant to the following designated section of the Texas Government Code, Annotated, Chapter 551 (Texas
Open Meetings Act), the Council convened into executive session to discuss the following:
A)Section 551.072 Deliberation regarding Real Property to discuss or deliberate the purchase,
exchange, lease, or value of real property if deliberation in an open meeting would have a
negotiations with a third person:
detrimental effect on the position of the governmental body in
Town Council Minutes October 8, 2019 Page 5 of 6
Town CouncilPage 12 of 136Meeting Date: October 22, 2019
North of State Highway 114, east of Trophy Club Drive and west of Town limits (Mayor Pro Tem Jensen
and Council Member Shoffner)
(Town Secretary Note: Council did not enter into Executive Session)
RECONVENED INTO REGULAR SESSION
14. Consider and take appropriate action regarding the Executive Session (W. Carroll).
No action was taken on this item.
ADJOURNMENT
Mayor Sanders adjourned the meeting at 7:43 p.m.
___________________________________ ___________________________________
Holly Fimbres, Town Secretary C. Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Minutes October 8, 2019 Page 6 of 6
Town CouncilPage 13 of 136Meeting Date: October 22, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-521-T1
Type:Status:
Agenda ItemConsent Agenda
File created:In control:
10/11/2019Town Council
On agenda:Final action:
10/22/2019
Title:
Consider and take appropriate action regarding designating an Acting Town Manager in compliance
with Section 4.06, Acting Town Manager, of the Trophy Club Town Charter (S. Norwood).
Attachments:
Acting Town Manager Designation Letter.pdf
DateVer.Action ByActionResult
Agenda Item No. 3:
ConsiderandtakeappropriateactionregardingdesignatinganActingTownManagerincompliancewithSection4.06,
Acting Town Manager, of the Trophy Club Town Charter (S. Norwood).
Town CouncilPage 14 of 136Meeting Date: October 22, 2019
Town CouncilPage 15 of 136Meeting Date: October 22, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-507-T1
Type:Status:
Agenda ItemConsent Agenda
File created:In control:
10/9/2019Town Council
On agenda:Final action:
10/22/2019
Title:
Consider and take appropriate action regarding a Requisition Request for Annual Benefits Consulting
and Online Benefit Enrollment; and authorizing the Mayor or his designee to execute all necessary
documents (S. Norwood).
Attachments:
Staff Report - Renewal of HUB International Insurance Services Annual Consulting.pdf
Requisition Request.pdf
HUB International Insurance Services Invoice No 1621041.pdf
DateVer.Action ByActionResult
Agenda Item No. 4:
ConsiderandtakeappropriateactionregardingaRequisitionRequestforAnnualBenefitsConsultingandOnlineBenefit
Enrollment; and authorizing the Mayor or his designee to execute all necessary documents (S. Norwood).
Town CouncilPage 16 of 136Meeting Date: October 22, 2019
To: Mayor and Town Council
From:James Edwards, Human Resources Manager
CC: Steve Norwood, Town Manager
Holly Fimbres, Town Secretary/RMO
Re: HUB International Insurance Services
Town Council Meeting, October 22, 2019
Agenda Item:
Consider and take appropriate action regarding a Requisition Request for Annual Benefits
Consulting and Online Benefit Enrollment; and authorizing the Mayor or his designee to
execute all necessary documents (S. Norwood).
Strategic Link:
Administrative& Financial Services – Exercise fiscal disciplinein all Town operations.
Employee Development – Develop and retain a skilled workforce.
Background and Explanation:
The Town of Trophy Club switched to HUB International, (formerly IPS), for its benefits
consulting services on February 10, 2016. HUB International provides knowledge and expert
advice to assist staff in making cost effective decisions to provide full-time employees with
medical, dental, vision and life insurance. In addition, HUB provides customer supportto
Human Resources and staff, benchmarking and market trend analysis, and assists with
analyzing quotes from the market during the Request for Proposal process.
With the help of HUB, the Town has kept its medical renewal below market trend without
significant plan design changes.
HUB also provides an on-line benefits enrollment tool for employees to make elections and/or
changes to their coverages.
Financial Considerations:
Annual cost of agreement for Hub International consulting services and on-line benefit
enrollment tool is $31,100.00.
Page 1 of 2
Town CouncilPage 17 of 136Meeting Date: October 22, 2019
Legal Review:
Not applicable.
Board/Commission/ or Committee Recommendation:
Not applicable.
Staff Recommendation:
Staff recommends Council approval of the Requisition Request, renewing the agreement with
HUBInternational.
Attachments:
Requisition Request
HUBInternational Insurance Services Invoice No1621041
Town Council Approval:
_____________________________
Mayor C. Nick Sanders or designee
Page 2 of 2
Town CouncilPage 18 of 136Meeting Date: October 22, 2019
Invoice #
Hub International Insurance Services
1621041
Page1 of 1
ACCOUNT NUMBERDATE
10000 North Central Expressway, Suite 1100
TOWNOFT-0410/07/2019
Dallas, Texas 75231
BALANCE DUE ONAMOUNT DUE
Phone:214-443-2400Fax:214-443-2424 10/21/2019$31,100.00
Town of Trophy Club
Attn: Accounts Payable
1 Trophy Wood Drive
Trophy Club, TX 76262
Group Consulting FeePolicyNumber:CONSULTING FEEEffective:04/01/2019to04/01/2020
Item #Trans Eff DateDue DateTransDescriptionAmount
1693740604/01/201910/21/2019AFEEAnnual Benefits Consulting FEE$21,500.00
Policy Invoice Balance:$21,500.00
Group Consulting FeePolicyNumber:TRIUNEEffective:04/01/2019to04/01/2020
Item #Trans Eff DateDue DateTransDescriptionAmount
1693741104/01/201910/21/2019AFEEAnnual Benefit Connector Fee $9,600.00
Policy Invoice Balance:$9,600.00
Total Invoice Balance:$31,100.00
More detailed information about how Hub International is compensated can be found at hubinternational.com behind the "How We Get Paid" tab.
Town CouncilPage 20 of 136Meeting Date: October 22, 2019
JTHOMPSON2
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-508-T1
Type:Status:
Agenda ItemConsent Agenda
File created:In control:
10/9/2019Town Council
On agenda:Final action:
10/22/2019
Title:
Consider and take appropriate action regarding a Requisition Request for procurement of Microsoft
licensing from SHI; and authorizing the Mayor or his designee to execute all necessary documents (S.
Norwood).
Attachments:
Staff Report - Annual licensing for Microsoft.pdf
Requisition Request.pdf
SHI Quote for MS Licensing.pdf
DateVer.Action ByActionResult
Agenda Item No. 5:
ConsiderandtakeappropriateactionregardingaRequisitionRequestforprocurementofMicrosoftlicensingfromSHI;
and authorizing the Mayor or his designee to execute all necessary documents (S. Norwood).
Town CouncilPage 21 of 136Meeting Date: October 22, 2019
To:Mayor and Town Council
From:Mike Pastor, Information Services Manager
CC: Steve Norwood, Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Procurement of Annual licensing for Microsoft from SHI
Town Council Meeting, October22, 2019
Agenda Item:
Consider and take appropriate action regarding a Requisition Request for procurement of
Microsoft licensing from SHI; and authorizing the Mayor or his designee to execute all
necessary documents (S. Norwood).
Strategic Link:
Infrastructure & Development – Maintain and improve all Town infrastructure.
Administrative & Financial Services – Exercise fiscal discipline in all Town operations.
Administrative & Financial Services – Provide high value technology and information services.
Background and Explanation:
The proposed Requisition Request is for the annual licensing costs for Microsoft from SHI. This
is the normal annual licensing costs from Microsoft, and it’s budgeted appropriately. It meets
all our purchasing guidelines and is purchased off theapprovedDepartment of Information
Resources(DIR)contract.
The total annual licensing for Microsoft through SHIis $42,518.46.
Legal Review:
Not applicable.
Board/Commission/or Committee Recommendation:
Not applicable.
Staff Recommendation:
Staff recommends Council approval of the Requisition Request.
Page 1 of 2
Town CouncilPage 22 of 136Meeting Date: October 22, 2019
Attachments:
Requisition Request
SHI Quote for MS Licensing
Town Council Approval:
_____________________________
Mayor C. Nick Sanders or designee
Page 2 of 2
Town CouncilPage 23 of 136Meeting Date: October 22, 2019
2019
22,
October
Date:
Meeting
136
of
24
Page
Council
Town
Embedded Secure Document
The file https://trophyclub.legistar.com/View.ashx?M=F&ID=7808053&GUID=ECC7EE4F-0570-4ED5-851C-
966728D609CA is a secure document that has been embedded in this document. Double click the pushpin to view.
Town CouncilPage 25 of 136Meeting Date: October 22, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-509-T1
Type:Status:
Agenda ItemConsent Agenda
File created:In control:
10/9/2019Town Council
On agenda:Final action:
10/22/2019
Title:
Consider and take appropriate action regarding a Requisition Request for procurement of legal
representation between the Town of Trophy Club and JD Dodd Law for operations in legal services;
and authorizing the Mayor or his designee to execute all necessary documents (S. Norwood).
Attachments:
Staff Report - Renewal of Legal Services.pdf
Requisition Request.pdf
Town Attorney Agreement.pdf
DateVer.Action ByActionResult
Agenda Item No. 6:
ConsiderandtakeappropriateactionregardingaRequisitionRequestforprocurementoflegalrepresentationbetween
theTownofTrophyClubandJDDoddLawforoperationsinlegalservices;andauthorizingtheMayororhisdesigneeto
execute all necessary documents (S. Norwood).
Town CouncilPage 26 of 136Meeting Date: October 22, 2019
To: Mayor and Town Council
From:Steve Norwood, Town Manager
CC: Holly Fimbres, Town Secretary/RMO
Re: Legal Representation
Town Council Meeting, October 22, 2019
Agenda Item:
Consider and take appropriate action regarding a Requisition Request for procurement of legal
representationbetween the Town of Trophy Club and JD Dodd Lawfor operations in legal
services; and authorizing the Mayor or his designee to execute all necessarydocuments (S.
Norwood).
Strategic Link:
Administrative & Financial Services - Exercise fiscal discipline in all Town operations.
Background and Explanation:
JD Dodd Law has provided legal services for the Town since May 2016, this is authorizing the
renewal of the services for Fiscal Year 2020.
Financial Considerations:
There have been no changes to the initial contract signed in 2016, all fees and expectations
remain the same. The contract was accounted for and approved as part of the Fiscal Year 2020
Budget.
Legal Review:
Not applicable.
Board/Commission/ or Committee Recommendation:
Not applicable.
Staff Recommendation:
Staff recommends Council approval of the Requisition Request.
Page 1 of 2
Town CouncilPage 27 of 136Meeting Date: October 22, 2019
Attachments:
Requisition Request
Town Attorney Agreement
Town Council Approval:
_____________________________
Mayor C. Nick Sanders or designee
Page 2 of 2
Town CouncilPage 28 of 136Meeting Date: October 22, 2019
2019
22,
October
Date:
Meeting
136
of
29
Page
Council
Town
Town CouncilPage 30 of 136Meeting Date: October 22, 2019
Town CouncilPage 31 of 136Meeting Date: October 22, 2019
Town CouncilPage 32 of 136Meeting Date: October 22, 2019
Town CouncilPage 33 of 136Meeting Date: October 22, 2019
Town CouncilPage 34 of 136Meeting Date: October 22, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-517-T1
Type:Status:
Agenda ItemConsent Agenda
File created:In control:
10/9/2019Town Council
On agenda:Final action:
10/22/2019
Title:
Consider and take appropriate action regarding a Requisition Request for the replacement of a fleet
patrol vehicle for the Police Department; and authorizing the Mayor or his designee to execute all
necessary documents (S. Norwood).
Attachments:
Staff Report - Purchase of a Police Replacement Vehicle.pdf
Requisition Request.pdf
Freedom Chevrolet Quote.pdf
Vehicle Evaluation Summary Report.pdf
DateVer.Action ByActionResult
Agenda Item No. 7:
ConsiderandtakeappropriateactionregardingaRequisitionRequestforthereplacementofafleetpatrolvehicleforthe
Police Department; and authorizing the Mayor or his designee to execute all necessary documents (S. Norwood).
Town CouncilPage 35 of 136Meeting Date: October 22, 2019
To: Mayor and Town Council
From:Patrick Arata, Police Chief
CC: Steve Norwood, Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Replacement Fleet Vehicle Program
Town Council Meeting, October 22, 2019
Agenda Item:
Consider and take appropriate action regarding a Requisition Request for the replacement of a
fleet patrol vehicle for the Police Department; and authorizing the Mayor or his designee to
execute all necessary documents (S. Norwood).
Strategic Link:
Safety & Security - Achieve exceedingly high standards for public safety and low crime rates.
Background and Explanation:
Under the Town’s Vehicle Replacement program, the Police Department request approval to
replace a police patrol vehicle. The vehicle will replace a 2015 Patrol unit with over 100,000
miles. The vehicle will be purchased off the Tarrant County contract.
Financial Considerations:
The item was accounted for and approved as part of the FY 2020 CCPD Budget for $30,600.00.
Legal Review:
Not applicable.
Board/Commission/ or Committee Recommendation:
Not applicable.
Staff Recommendation:
Staff recommends Council approval of the Requisition Request.
Page 1 of 2
Town CouncilPage 36 of 136Meeting Date: October 22, 2019
Attachments:
Requisition Request
Freedom Chevrolet Quote
Vehicle Evaluation Summary Report
Town Council Approval:
_____________________________
Mayor C. Nick Sanders or designee
Page 2 of 2
Town CouncilPage 37 of 136Meeting Date: October 22, 2019
Town CouncilPage 38 of 136Meeting Date: October 22, 2019
Town CouncilPage 39 of 136Meeting Date: October 22, 2019
Town CouncilPage 40 of 136Meeting Date: October 22, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-522-T1
Type:Status:
Agenda ItemConsent Agenda
File created:In control:
10/11/2019Town Council
On agenda:Final action:
10/22/2019
Title:
Consider and take appropriate action regarding a Requisition Request for the replacement of a Fire
Marshal vehicle for the Fire Department; and authorizing the Mayor or his designee to execute all
necessary documents (S. Norwood).
Attachments:
Staff Report - Purchase of a Replacement Vehicle.pdf
Requisition Request.pdf
Reliable Chevrolet Quote.pdf
Vehicle Evaluation Summary Report.pdf
DateVer.Action ByActionResult
Agenda Item No. 8:
ConsiderandtakeappropriateactionregardingaRequisitionRequestforthereplacementofaFireMarshalvehiclefor
the Fire Department; and authorizing the Mayor or his designee to execute all necessary documents (S. Norwood).
Town CouncilPage 41 of 136Meeting Date: October 22, 2019
To: Mayor and Town Council
From:Gary Cochran, Fire Marshal
CC: Steve Norwood, Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Replacement Fleet Vehicle Program
Town Council Meeting, October 22, 2019
Agenda Item:
Consider and take appropriate action regarding a Requisition Request for the replacement of a
Fire Marshal vehicle for the Fire Department; and authorizing the Mayor or his designee to
execute all necessary documents (S. Norwood).
Strategic Link:
Safety & Security - Achieve exceedingly high standards for public safety and low crime rates.
Background and Explanation:
Under the Town’s Vehicle Replacement program, the FireDepartment request approval to
replace a Fire Marshal vehicle. The vehicle will replace a 2006 pickup with over 79,000 miles.
The vehicle was discussed and approved at the joint Trophy Club Municipal Utility District No. 1
and Town Council meeting on July 29, 2019. The vehicle will be purchased off the Tarrant
County contract.
Financial Considerations:
The item was accounted for and approved as part of the FY 2020 EMS Budget for $40,000.00.
Legal Review:
Not applicable.
Board/Commission/ or Committee Recommendation:
Not applicable.
Staff Recommendation:
Staff recommends Council approval of theRequisition Request.
Page 1 of 2
Town CouncilPage 42 of 136Meeting Date: October 22, 2019
Attachments:
Requisition Form
Reliable Chevrolet Quote
Vehicle Evaluation Summary Report
Town Council Approval:
_____________________________
Mayor C. Nick Sanders or designee
Page 2 of 2
Town CouncilPage 43 of 136Meeting Date: October 22, 2019
2019
22,
October
Date:
Meeting
136
of
44
Page
Council
Town
Town CouncilPage 45 of 136Meeting Date: October 22, 2019
Town CouncilPage 46 of 136Meeting Date: October 22, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-523-T1
Type:Status:
Agenda ItemConsent Agenda
File created:In control:
10/15/2019Town Council
On agenda:Final action:
10/22/2019
Title:
Consider and take appropriate action regarding a Payment Authorization Memo for TML Property,
Casualty and Worker’s Comp Insurance; and authorizing the Mayor or his designee to execute all
necessary documents (S. Norwood).
Attachments:
Staff Report - Renewal of TML-IRP Insurance.pdf
Payment Authorization Memo.pdf
TML-IRP Invoice No 3411.pdf
DateVer.Action ByActionResult
Agenda Item No. 9:
ConsiderandtakeappropriateactionregardingaPaymentAuthorizationMemoforTMLProperty,CasualtyandWorker’s
Comp Insurance; and authorizing the Mayor or his designee to execute all necessary documents (S. Norwood).
Town CouncilPage 47 of 136Meeting Date: October 22, 2019
To: Mayor and Town Council
From:James Edwards, Human Resources Manager
CC: Steve Norwood, Town Manager
Holly Fimbres, Town Secretary/RMO
Re: TML Intergovernmental Risk Pool Insurance Renewal
Town Council Meeting, October 22, 2019
Agenda Item:
Consider and take appropriate action regarding a Payment Authorization Memo for TML
Property, Casualty and Worker’s Comp Insurance; and authorizing the Mayor or his designee to
execute all necessary documents (S. Norwood).
Strategic Link:
Administrative& Financial Services – Exercise fiscal disciplinein all Town operations.
Employee Development – Develop and retain a skilled workforce.
Background and Explanation:
TML Intergovernmental Risk Pool provided insurance coverage to the Town of Trophy Club for
Automobile Liability, Law Enforcement Liability, Auto Physical Damage, General Liability, Errors
& Omissions Liability, Real and Personal Property, Mobile Equipment, Animal Mortality, Crime
Coverage and Workers’ Compensation.
Financial Considerations:
The annual cost for Fiscal Year 2019/2020 is $183,162.98.
Legal Review:
Not applicable.
Board/Commission/ or Committee Recommendation:
Not applicable.
Staff Recommendation:
Staff recommends Council approval of the Payment Authorization Memo, renewing insurance
coverage with TML-IRP.
Page 1 of 2
Town CouncilPage 48 of 136Meeting Date: October 22, 2019
Attachments:
Payment Authorization Memo
TML-IRP Invoice No3411
Town Council Approval:
_____________________________
Mayor C. Nick Sanders or designee
Page 2 of 2
Town CouncilPage 49 of 136Meeting Date: October 22, 2019
Town CouncilPage 50 of 136Meeting Date: October 22, 2019
Town CouncilPage 51 of 136Meeting Date: October 22, 2019
Town CouncilPage 52 of 136Meeting Date: October 22, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-518-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
10/9/2019Town Council
On agenda:Final action:
10/22/2019
Title:
Case SUP-19-001 (Hampton Inn Alcohol Sales)
A)Conduct a Public Hearing regarding a request made by Hampton Inn for a Specific Use
Permit for alcoholic beverage sales for off-premise consumption, generally located at the northwest
corner of Trophy Wood Drive and Plaza Drive (S. Norwood).
B)Consider and take appropriate action regarding a request made by Hampton Inn for a Specific
Use Permit for alcoholic beverage sales for off-premise consumption, generally located at the
northwest corner of Trophy Wood Drive and Plaza Drive (S. Norwood).
Attachments:
Staff Report - Case SUP-19-001.pdf
ORD 2019-25 P&Z - Hampton Inn Alcohol SUP.pdf
Exhibit A - Location Map.pdf
Exhibit B - TABC Application (First Page Only).pdf
DateVer.Action ByActionResult
Agenda Item No. 10:
Case SUP-19-001 (Hampton Inn Alcohol Sales)
A)ConductaPublicHearingregardingarequestmadebyHamptonInnforaSpecificUsePermitforalcoholic
beveragesalesforoff-premiseconsumption,generallylocatedatthenorthwestcornerofTrophyWoodDriveand
Plaza Drive (S. Norwood).
B)ConsiderandtakeappropriateactionregardingarequestmadebyHamptonInnforaSpecificUsePermitfor
alcoholicbeveragesalesforoff-premiseconsumption,generallylocatedatthenorthwestcornerofTrophyWood
Drive and Plaza Drive (S. Norwood).
Town CouncilPage 53 of 136Meeting Date: October 22, 2019
To: Mayor and Town Council
From:Lisa Payne, Town Planner
CC: Steve Norwood, Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Case SUP-19-001
Town Council Meeting, October 22, 2019
Agenda Item:
Case SUP-19-001 (Hampton InnAlcoholSales)
A)Conduct a Public Hearing regarding a request made by Hampton Inn for a Specific
Use Permit for alcoholic beverage sales for off-premise consumption, generally
located at the northwest corner of Trophy Wood Drive and Plaza Drive (S. Norwood).
B)Consider and take appropriate action regarding a request made by Hampton Inn for
a Specific Use Permit for alcoholic beverage sales for off-premise consumption,
generally located at the northwest corner of Trophy Wood Drive and Plaza Drive (S.
Norwood).
Strategic Link:
Infrastructure & Development – Foster a business-friendly environment.
Background and Explanation:
Hampton Inn is requesting approval of a Specific Use Permit (SUP) for alcoholic beverage sales
for off-premise consumption so that they may be able to sell beer and wine in the Suite Shop,
alongside snacks and toiletries, located inside the hotel.
As shown on Exhibit B, Hampton Inn is applying to the Texas Alcoholic Beverage Commission
(TABC) to obtain a BQ - Wine and Beer Retailer’s Off-Premise Permit. A BQ Permit authorizes
the holder to sell unopened beer, wine, and malt liquor containing between 0.5% and 17%
alcohol by volume for off-premise consumption. If the Suite Shop, specifically, is the only area
in the hotel permitted under the BQ permit by the TABC, which forbids on-premise
consumption where alcohol is sold, then consumption remains legal throughout the rest of the
hotel so guests can continue to bring alcoholic beverages of any kind into their hotel rooms,
whether the alcohol is bought at the Suite Shop or elsewhere.
Page 1 of 2
Town CouncilPage 54 of 136Meeting Date: October 22, 2019
Section 14.02.252(b)of the Code of Ordinances states that no alcoholic beverages may be sold
within 300 feet of a church, public school or private school, or public hospital. Hampton Inn
complies with this requirement, as the closest church (Lake Cities Church of Christ) is
approximately 5,700 feet away, the closest public school (Lakeview Elementary School) is
approximately 2.5 miles away, the closest private school (Primrose School of Westlake at
Entrada) is approximately 3,000 feet away, and the closest public hospital (Methodist Southlake
Hospital) is approximately 4 miles away, when measured as directedin Section 14.02.252(g) of
the Town’s Code. The nearby Baylor Scott & White Medical Center – Trophy Club is a private
hospital so there are no separation requirements.
Due to the intention of the Suite Shop inside Hampton Inn, parking needs won’t be affected, as
sales will only be for guests, just as other items in the Suite Shop are. Furthermore, signage is
not proposed to advertise to the public.
The Chief of Police has reviewed this application, as required by Code, and does not have any
objections.
Public notice was published in the newspaper and sent to those who own property within 200
feet of the subject property, as required by State law. Presently, one inquiry has been made
with no issue about the proposal.
Financial Considerations:
Not applicable.
Legal Review:
The Town Attorney has reviewed this item and concurs with the Staff recommendation.
Planning and Zoning Commission Recommendation:
The Planning and Zoning Commission consideredthis item on October 3, 2019. There was no
discussion and the request was unanimously recommended for approval.
Staff Recommendation:
Staff recommends approval of the Specific Use Permit.
Attachments:
Ordinance No. 2019-25 P&Z
Exhibit A – Location Map
Exhibit B – TABC Application (First Page Only)
Page 2 of 2
Town CouncilPage 55 of 136Meeting Date: October 22, 2019
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2019-25P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
APPROVINGASPECIFIC USE PERMIT FOR ALCOHOLIC
BEVERAGES FOR OFF-PREMISES CONSUMPTION (BEER AND WINE
ONLY) AT HAMPTON INN & SUITESLOCATED ON LOT 3R1, BLOCKA
OF TROPHY WOOD BUSINESS CENTER, WITHIN PD PLANNED
DEVELOPMENT NO. 25;PROVIDING FOR INCORPORATIONOF
PREMISES;PROVIDINGAPPLICABLE REGULATIONS,
DISCONTINUATION, & REVOCATION; PROVIDING A SAVINGS AND
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES;
PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the applicant seeks to sell beer and wine only for off-premises
consumptionspecifically from the Suite Shop within Hampton Inn & Suites; and
WHEREAS, all legal requirements and conditions were complied with, and after
public notices were given in compliance with State law andpublic hearings were
conducted, and after considering the information submitted at those public hearings and
all other relevant information and materials, the Planning & Zoning Commission of the
Town has recommended to the Town Council the adoption ofthisOrdinance; and
WHEREAS,after due deliberations and consideration of the recommendation of
the Planning and Zoning Commission and the information and other materials received
at the public hearing, the Town Council has concluded thatthe adoption of this
Ordinance is in the best interests of the Town of Trophy Club, Texas and of the public
health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
Town CouncilPage 56 of 136Meeting Date: October 22, 2019
SECTION 2.
APPLICABLE REGULATIONS,DISCONTINUATION, & REVOCATION
In all respects the Land shall be subject to the applicable regulations contained in
the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances
and regulations of the Town, including without limitation regulations governing PD
Planned Development No. 25and all amendments thereto. TheSpecific Use Permit
granted by this Ordinance shall control in cases of conflict between this Ordinance
and/or PD Planned Development No. 25and/or theComprehensive Zoning Ordinance.
The Specific Use Permit granted hereby shall discontinueif the use for which this
Specific Use Permit is granted ceases to be operated at the permitted location for a
minimum period of six (6) continuous months.Further, this Specific Use Permit shall be
subject to revocation in accordance with the Townof Trophy ClubCode of Ordinances.
SECTION 3.
SAVINGSAND REPEALER
This Ordinance shall be cumulative of all other ordinances of the Town affecting
the regulation of land and zoning and shall not repeal any of the provisions of those
ordinances except in those instances where the provisions of those Ordinances are in
direct conflict with the provisions of this Ordinancewhether such Ordinances are
codified or uncodified, and all other provisions of the Ordinances ofthe Town of Trophy
Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall
remain in full force and effect.Notwithstanding the foregoing, any complaint, action,
cause of action or claim which prior to the effective date of this Ordinance has been
initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to
be governed by the provisions of that Ordinance and for that purpose the Ordinance
shall be deemed to remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
The sections, paragraphs, sentences, phrases, clauses and words of this
Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or
word in this Ordinance or application thereof to any person or circumstance is held
invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not
affect the validity of the remaining portions of this Ordinance, and the Town Council
hereby declares that it would have passed such remaining portions of this Ordinance
despite such invalidity, which remaining portions shall remain in full force and effect.
ORD 2019-25P&Z Page 2 of 4
Town CouncilPage 57 of 136Meeting Date: October 22, 2019
SECTION 5.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision hereof shall be fined, upon
conviction, in an amount not less than One Dollar ($1.00) nor more than Two Thousand
Dollars ($2,000.00), and a separate offense shall be deemed committed each day
during or on which a violation occurs or continues. The penalty provided by this section
shall be cumulative of all other penalties allowed by law, including without limitation, civil
remedies available for enforcement of this Ordinance.
SECTION 6.
PUBLICATION
The Town Secretary of the Town ofTrophy Club is hereby directed to publishthe
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of
the Texas Local Government Code.
SECTION 7.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, and it is so ordained.
ORD 2019-25P&Z Page 3 of 4
Town CouncilPage 58 of 136Meeting Date: October 22, 2019
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 22ndday ofOctober 2019.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
\[SEAL\]
ATTEST:
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
J. David Dodd III, Town Attorney
Town of Trophy Club, Texas
ORD 2019-25P&Z Page 4 of 4
Town CouncilPage 59 of 136Meeting Date: October 22, 2019
2019
22,
October
Date:
Meeting
A
136
of
60
Page
Exhibit
Council
Town
Exhibit B
Town CouncilPage 61 of 136Meeting Date: October 22, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-519-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
10/9/2019Town Council
On agenda:Final action:
10/22/2019
Title:
Case SUP-19-002 (The Byron Freestanding Development Identification Sign)
A)Conduct a Public Hearing regarding a request for a Specific Use Permit to allow for a
freestanding development identification sign as required by Planned Development No. 30, generally
located southeast of Trophy Club Drive and approximately 650 feet north of SH 114 (S. Norwood).
B)Consider and take appropriate action regarding a request for a Specific Use Permit to allow
for a freestanding development identification sign as required by Planned Development No. 30,
generally located southeast of Trophy Club Drive and approximately 650 feet north of SH 114 (S.
Norwood).
Attachments:
Staff Report - Case SUP-19-002.pdf
Ord 2019-26 P&Z - Byron Freestanding Sign.pdf
Exhibit A - Location Map.pdf
Exhibit B - Sign Plans.pdf
DateVer.Action ByActionResult
Agenda Item No. 11:
Case SUP-19-002 (The Byron Freestanding Development Identification Sign)
A)ConductaPublicHearingregardingarequestforaSpecificUsePermittoallowforafreestandingdevelopment
identificationsignasrequiredbyPlannedDevelopmentNo.30,generallylocatedsoutheastofTrophyClubDriveand
approximately 650 feet north of SH 114 (S. Norwood).
B)ConsiderandtakeappropriateactionregardingarequestforaSpecificUsePermittoallowforafreestanding
developmentidentificationsignasrequiredbyPlannedDevelopmentNo.30,generallylocatedsoutheastofTrophy
Club Drive and approximately 650 feet north of SH 114 (S. Norwood).
Town CouncilPage 62 of 136Meeting Date: October 22, 2019
To: Mayor and Town Council
From:Lisa Payne, Town Planner
CC: Steve Norwood, Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Case SUP-19-002
Town Council Meeting, October 22, 2019
Agenda Item:
Case SUP-19-002 (The Byron Freestanding Development Identification Sign)
A)Conduct a Public Hearing regarding a request for a Specific Use Permit to allow for a
freestanding development identification sign as required by Planned Development
No. 30, generally located southeast of Trophy Club Drive and approximately 650 feet
north of SH 114 (S. Norwood).
B)Consider and take appropriate action regarding a request for a Specific Use Permit
to allow for a freestanding development identification sign as required by Planned
Development No. 30, generally located southeast of Trophy Club Drive and
approximately 650 feet north of SH 114 (S. Norwood).
Strategic Link:
Infrastructure & Development – Foster a business-friendly environment.
Background and Explanation:
Section II.H.1.c of the Planned Development No. 30 (PD-30) Development Standards states that
freestanding development identification signs are permissible by Specific Use Permit (SUP) and
the number of signs, location, size, and lighting shall be determined by said SUP. Though the
proposal is for a monument-style sign, PD-30’s section on monument signs (Sec. II.H.1.b.i)
refers specifically to signs that identify the overall Trophy Club Town Center development,
rather than a tenant within it. An example would be a large sign reading “The Shops at Legacy”
or “Alliance Town Center”. The proposedsinglefreestanding development identification sign is
for Byron Apartment Homes which front on Trophy Club Drive between SH 114 and Indian
Creek Drive, within the PD-30 development.
Page 1 of 2
Town CouncilPage 63 of 136Meeting Date: October 22, 2019
As shown on Exhibit B, the proposed double-sided sign is set back 23 feet from Trophy Club
Drive which is outside of a vision triangleformed where the street meets the main entrance to
the Byron. The sign is shown as almost 132 square feet in area, being 10 feet tall and
approximately 13 feet in length. The word “Byron” on the sign structure is 6 feet tall from the
top of the capital “B” to the bottom of the lowercase “y”, has a white acrylic face, and internally
illuminates white at night. Most of the body of the sign will be stucco that is painted “Naval”
blue, and the lower portion of the sign will be CMU to match the building with “Apartment
Homes” and the address “90” in non-illuminated 5-inch and 8-inch acrylic channel letters,
respectively.
Public notice was published in the newspaper and sent to those who own property within 200
feet of the subject property, as required by State law. At this time, one resident has spoken
against the request.
Financial Considerations:
Not applicable.
Legal Review:
The Town Attorney has reviewed this item and concurs with the Staff recommendation.
Planning and Zoning Commission Recommendation:
The Planning and Zoning Commission consideredthis item on October 3, 2019. Discussion
included the purpose of the SUP request, comparison to existing signs in Town, and the location
of the proposed sign. There were no public comments made at the meeting and the request
was unanimously recommended for approval.
Staff Recommendation:
Staff recommends approval of the Specific Use Permit for a freestanding development
identification sign for the Byron Apartment Homes within Planned Development No. 30.
Attachments:
Ordinance No. 2019-26 P&Z
Exhibit A – Location Map
Exhibit B – Sign Plans
Page 2 of 2
Town CouncilPage 64 of 136Meeting Date: October 22, 2019
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2019-26P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
APPROVING A SPECIFIC USE PERMIT FOR A FREESTANDING
DEVELOPMENT IDENTIFICATION SIGN FOR THE BYRON
APARTMENT HOMES LOCATED ATLOT 3, BLOCK A OF TROPHY
CLUB TOWN CENTER, WITHIN PD PLANNED DEVELOPMENT NO.
30, AS REQUIRED BY ORDINANCE NO. 2016-11 P&Z; PROVIDING
FOR INCORPORATION OF PREMISES; PROVIDING AMENDMENTS;
PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TOEXCEED
THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSEAND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS OR CONTINUES;PROVIDING A PUBLICATION CLAUSE;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,the Town Council of the Town of Trophy Club, Texas (the Town),
is authorized and empowered by law, in accordance with Chapter 212 of the Texas
Local Government Code, to regulate the subdivision of land and propertydevelopment
within the Town; and
WHEREAS,Section II.H.1.c of the PD-30 Development Standards within Exhibit
B of Ordinance No. 2016-11 P&Z allows freestanding development identification signs
by Specific Use Permit only; and
WHEREAS,North American Properties, the developer ofthe Byron Apartment
Homes onLot 3, Block A ofTrophy Club TownCenter, filed an application with the
Townrequesting aSpecific Use Permit and providing Exhibit A Location Map and
Exhibit B Sign Plans, attached hereto and incorporated herein; and
WHEREAS, all legal requirements and conditions were complied with, and after
publicnotices weregiven in compliance with State law and public hearings were
conducted, and after considering the information submitted at those public hearings and
all other relevant information and materials, the Planning & Zoning Commission of the
Town has recommended to the Town Council the adoption of this Ordinance; and
WHEREAS,after due deliberations and consideration of the recommendation of
the Planning & Zoning Commission and the information and other materials received at
the public hearing, the Town Council has concluded that the adoption of this Ordinance
approving a Specific Use Permit for a freestanding development identification signis in
the best interests of the Town of Trophy Club, Texas and of the public health, safety,
and welfare.
ORD 2019-26P&Z Page 1 of 4
Town CouncilPage 65 of 136Meeting Date: October 22, 2019
NOW, THEREFORE, BEIT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
APPLICABLE REGULATIONS,DISCONTINUATION, & REVOCATION
In all respects the Land shall be subject to the applicable regulations contained in
the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances
and regulations of the Town, including without limitation regulations governing PD
Planned Development No. 30and all amendments thereto. The Specific Use Permit
granted by this Ordinance shall control in cases of conflict between this Ordinance
and/or PD Planned Development No. 30and/or the Comprehensive Zoning Ordinance.
The Specific Use Permit granted hereby shall discontinue if the use for which this
Specific Use Permit is granted ceases to be operated at the permitted location for a
minimum period of six (6) continuous months.Further, this Specific Use Permit shall be
subject to revocation in accordance with the Town of Trophy Club Code of Ordinances.
SECTION 3.
SAVINGS AND REPEALER
This Ordinance shall be cumulative of all other ordinances of the Town affecting
the regulation of land and zoning and shall not repeal any of the provisions of those
ordinances except in those instances where the provisions of those Ordinances are in
direct conflict with the provisions of this Ordinancewhether such Ordinances are
codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy
Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall
remain in full force and effect.Notwithstanding the foregoing, any complaint, action,
cause of action or claim which prior to the effective date of this Ordinance has been
initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to
be governed by the provisions of that Ordinance and for that purpose the Ordinance
shall be deemed to remain and continue in full force and effect.
ORD 2019-26P&Z Page 2 of 4
Town CouncilPage 66 of 136Meeting Date: October 22, 2019
SECTION 4.
SEVERABILITY
The sections, paragraphs, sentences, phrases, clauses and words of this
Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or
word in this Ordinance or application thereof to any person or circumstance is held
invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not
affect the validity of the remaining portions of this Ordinance, and the Town Council
hereby declares that it would have passed such remaining portions of this Ordinance
despite such invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision hereof shall be fined, upon
conviction, in an amount not less than One Dollar ($1.00) nor more than Two Thousand
Dollars ($2,000.00), and a separate offense shall be deemed committed each day
during or on which a violation occurs or continues. The penalty provided by this section
shall be cumulative of all other penalties allowed by law, including without limitation, civil
remedies available for enforcement of this Ordinance.
SECTION 6.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publishthe
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of
the Texas Local Government Code.
SECTION 7.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
andenroll this Ordinance by filing this Ordinance in the ordinance records of the Town.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, and it is so ordained.
ORD 2019-26P&Z Page 3 of 4
Town CouncilPage 67 of 136Meeting Date: October 22, 2019
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 22d day of October2019.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
\[SEAL\]
ATTEST:
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
J. David Dodd III, Town Attorney
Town of Trophy Club, Texas
ORD 2019-26P&Z Page 4 of 4
Town CouncilPage 68 of 136Meeting Date: October 22, 2019
2019
22,
October
Date:
Meeting
136
A
of
69
Page
Exhibit
Council
Town
2 OF 9
2019
22,
4, 2019 11:36 AM
All designs, creatives, and layouts represented in these drawings are the sole property of Dodd CG, LLC. No part of these drawings may be used or duplicated without the express written
permission of Dodd CG, LLC.
October
Date:
EPTEMBER
INSTALLATION NOTES:S
SPEC
QUANTITY
Meeting
NORTH AMERICAN PROPERTIESBYRON
PROPERTY SIGNAGE LOCATIONS
CLIENT
PROJECT
SIGN TYPE
B
136
of
70
FREESTANDING DEVELOPMENT IDENTIFICATION SIGN
Page
Exhibit
214.821.6992
FAX
|
214.821.6990
PHONE
|
7263 Envoy Court, Dallas, Tx 75247
doddcreative.com
WEBMAIL
Council
Town
LEASING CANOPY
6 OF 9
BYRON= 64
ADDRESS= .54
2019
SQUARE FOOTAGE
22,
4, 2019 11:36 AM
All designs, creatives, and layouts represented in these drawings are the sole property of Dodd CG, LLC. No part of these drawings may be used or duplicated without the express written
permission of Dodd CG, LLC.
October
CLIENT TO BUILD ENTIRE MONUMENT
ENTIRE STRUCTURE= 131.66
APARTMENT HOMES= 3.36
Date:
EPTEMBER
INSTALLATION NOTES:16 DEEP CONCRETE FOOTING, 2 ABOVE GRADE, STRUCTURES
1
QUANTITY
Meeting
FOOTING
NORTH AMERICAN PROPERTIESBYRON
FREESTANDING DEVELOPMENT ID
B
CLIENT
PROJECT
SIGN TYPE
136
of
71
Exhibit
Page
214.821.6992
FAX
|
214.821.6990
PHONE
|
7263 Envoy Court, Dallas, Tx 75247
doddcreative.com
WEBMAIL
Council
Town
SW 6244 NAVALSW WHITESW 0012 EMPIRE GOLD
2019
22,
October
Date:
Meeting
STRUCTURE TO BE BUILT BY CLIENT CMU STRUCTURE TO MATCH BUILDING
BYRON4 DEEP ALUMINUM CHANNEL LETTERS, WHITE ACRYLIC FACE, TRIM CAP & RETURNS PAINTED SW WHITE, LIGHTS WHITE AT NIGHT, FLUSH MOUNT TO MONUMENT STRUCTURE
APARTMENT HOMES.5 ACRYLIC PAINTED SW 6244,FLUSH MOUNT TO STRUCTURE
BY CLIENT
136
of
72
FINISH PAINTED SW 9178
STRUCTURE TO BE BUILT
Page
CMU STRUCTURE W/ STUCCO
ADDRESS NUMBERS
.5 ACRYLIC PAINTED SW 0012,
FLUSH MOUNT TO STRUCTURE
Council
Town
4 OF 9
CLIENT TO
2019
8
22,
4, 2019 11:36 AM
All designs, creatives, and layouts represented in these drawings are the sole property of Dodd CG, LLC. No part of these drawings may be used or duplicated without the express written
permission of Dodd CG, LLC.
October
Date:
EPTEMBER
INSTALLATION NOTES:FLUSH MOUNT TO STRUCTURE, BUILD ENTIRE STRUCTURES
9.75
ADDRESS NUMBERS.5 ACRYLIC PAINTED SW 0012,FLUSH MOUNT TO STRUCTURE
QUANTITY
Meeting
2 OF EACH
5
NORTH AMERICAN PROPERTIESBYRON
FREESTANDING DEVELOPMENT ID
CLIENT
PROJECT
SIGN TYPE
136
of
73
BYRON4 DEEP ALUMINUM CHANNEL LETTERS, WHITE ACRYLIC FACE, TRIM CAP & RETURNS PAINTED SW WHITE, LIGHTS WHITE AT NIGHT, FLUSH MOUNT TO STRUCTURE
Page
214.821.6992
FAX
|
128
214.821.6990
PHONE
APARTMENT HOMES.5 ACRYLIC PAINTED SW 6244,FLUSH MOUNT TO STRUCTURE
97
|
7263 Envoy Court, Dallas, Tx 75247
doddcreative.com
WEBMAIL
Council
72
Town
SW 6244 NAVALSW WHITESW 0012 EMPIRE GOLD
SQUARE FOOTAGEENTIRE STRUCTURE= 131.66BYRON= 64APARTMENT HOMES= 3.36ADDRESS= .54
TO POWER 120 V/20A DEDICATED CIRCUIT
2019
22,
October
FOOTING 16 DEEP 172 X 40 CONCRETE FOOTING WITH #5 REBAR 20 O.C.
Date:
Meeting
PRE-WIRED BY CLIENT
ELECTRICAL STUB-OUTS
#5 REBAR
2 THICK
20 O.C. WITH 12 LEG
TBD BY CLIENT
TBD BY CLIENT,
BUILT BY CLIENTSTONE VENEER
CMU STRUCTURE
8 X 16 FILL SOLID
CAST-STONE CAP
136
THICKNESS MAY VARY
of
74
Page
Council
Town
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-520-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
10/9/2019Town Council
On agenda:Final action:
10/22/2019
Title:
Case ME-19-001 (The Byron Leasing Canopy Sign)
Consider and take appropriate action regarding a request for a Meritorious Exception for a proposed
canopy sign within Planned Development No. 30, generally located southeast of Trophy Club Drive
and approximately 650 feet north of SH 114 (S. Norwood).
Attachments:
Staff Report - Case ME-19-001.pdf
Exhibit A - Location Map.pdf
Exhibit B - Sign Plans.pdf
DateVer.Action ByActionResult
Agenda Item No. 12:
Case ME-19-001 (The Byron Leasing Canopy Sign)
ConsiderandtakeappropriateactionregardingarequestforaMeritoriousExceptionforaproposedcanopysignwithin
PlannedDevelopmentNo.30,generallylocatedsoutheastofTrophyClubDriveandapproximately650feetnorthofSH
114 (S. Norwood).
Town CouncilPage 75 of 136Meeting Date: October 22, 2019
To: Mayor and Town Council
From:Lisa Payne, Town Planner
CC: Steve Norwood, Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Case ME-19-001
Town Council Meeting, October 22, 2019
Agenda Item:
Case ME-19-001 (The Byron Leasing Canopy Sign)
Consider and take appropriate action regarding a request for a Meritorious Exception for a
proposed canopy sign within Planned Development No. 30, generally located southeast of
Trophy Club Drive and approximately 650 feet north of SH 114 (S. Norwood).
Strategic Link:
Infrastructure & Development – Foster a business-friendly environment.
Background and Explanation:
Section 3.09.010 of the Town’s Code of Ordinances allows an interested party to make a
request for a Meritorious Exception to thePlanning & Zoning Commission and Town Council to
considera proposal that is nonconforming to the sign regulations, but may have obvious merit
and may make a positive contribution to the visual environment.
A request for a Meritorious Exception is necessary for the proposed leasing canopy sign at the
Byron Apartment Homes because it does not fit into any of the sign categories within the
Planned Development No. 30 (PD-30) Development Standards (Section II.H.1), such as
architectural roof sign, sloped roof sign, blade or hanging sign, or wall sign. According to the
table shown in Section 3.09.092 within the Code’s sign regulations, a canopysign cannot exceed
the greater of 25square feet or 10% of the face of the canopy, which would only be 2.1 square
feet on this 21 foot wide canopy. At 67.86 square feet, the proposed canopy sign exceeds the
maximum allowed in the Town’s Code of Ordinances.
As shown on Exhibit B, the 6 foot tall canopy signwill be attached to the2 foottallcanopyface
and extend upwards fromthe outer edge of the canopy over the Byron leasing office, which sits
at the southern corner of the apartment building, facing SH 114 and the interior of the Trophy
Page 1 of 2
Town CouncilPage 76 of 136Meeting Date: October 22, 2019
Club Town Center development. The canopy, which was approved with the multifamily building
plans and is already constructed, is buttressed approximately 20 feet above grade against a 50
foot building façade. The Byron sign is proposed with double-illuminated channel letters with a
white acrylic face that will internally illuminate white from the front and will have white halo
backlighting onto the “Naval” blue background that will be manufactured as an outline of the
word “Byron”. Six and a half inch channel letters reading “Apartment Homes” and painted
“Empire Gold” will be included on the canopy, but will not be illuminated.
Financial Considerations:
Not applicable.
Legal Review:
The Town Attorney has reviewed this item and concurs with the Staff recommendation.
Planning and Zoning Commission Recommendation:
The Planning and Zoning Commission considered this item on October 3, 2019. Discussion
included how the proposed sign does not fit into a PD-30 signage category, that it will be visible
from SH 114, and that it was shown on the site plan. There were no public comments made at
the meeting and the request was unanimously recommended for approval.
Staff Recommendation:
Staff recommends approval of the Meritorious Exception for a leasing canopy sign for the Byron
Apartment Homes within Planned Development No. 30.
Attachments:
Exhibit A – Location Map
Exhibit B – Sign Plans
Page 2 of 2
Town CouncilPage 77 of 136Meeting Date: October 22, 2019
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2019
22,
4, 2019 11:36 AM
All designs, creatives, and layouts represented in these drawings are the sole property of Dodd CG, LLC. No part of these drawings may be used or duplicated without the express written
permission of Dodd CG, LLC.
October
Date:
EPTEMBER
INSTALLATION NOTES:S
SPEC
QUANTITY
Meeting
NORTH AMERICAN PROPERTIESBYRON
PROPERTY SIGNAGE LOCATIONS
B
CLIENT
PROJECT
SIGN TYPE
136
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Exhibit
FREESTANDING DEVELOPMENT IDENTIFICATION SIGN
Page
214.821.6992
FAX
|
214.821.6990
PHONE
|
7263 Envoy Court, Dallas, Tx 75247
doddcreative.com
WEBMAIL
Council
Town
LEASING CANOPY
2019
22,
October
Date:
Meeting
136
of
79
Page
Council
Town
2019
22,
BRACE STRUCTURAL BRACE PAINTED SW 7069 J-BOX & PHOTOCELL 120V/20A DEDICATED CIRCUIT JUNCTION BOX & PHOTOCELL TIMER
October
Date:
ELECTRICAL
Meeting
INSTALLER TO CONNECT TO
WHIP TO TOP OF CANOPY FOR
CLIENT TO BRING ELECTRICAL
APARTMENT HOMES1 THICK ACRYLIC LETTERS PAINTED FRONT & SIDES SW 0012
136
of
80
RACEWAY(7.5H X 96W X 7.5D)ALUMINUM RACEWAY PAINTED SW 7069
BYRON(67.5H X 119.86W)6 DEEP ALUMINUM DOUBLE ILLUMINATED CHANNEL LETTERS, WHITE ACRYLIC FACE, TRIM CAP & RETURNS PAINTED SW WHITE, FACE LIGHTS WHITE & HALO LIGHTS WHITE
Page
(72H X 124.36W)
BACKGROUND .080 ALUMINUM BACKGROUND PLATE PAINTED SW 6244
Council
Town
8 OF 9
2019
22,
4, 2019 11:36 AM
All designs, creatives, and layouts represented in these drawings are the sole property of Dodd CG, LLC. No part of these drawings may be used or duplicated without the express written
permission of Dodd CG, LLC.
October
Date:
EPTEMBER
INSTALLATION NOTES:MOUNT BYRON TO TOP OF CANOPY, FOAM TAPE & SILICONE APARTMENT HOMES TO FRONT EDGE OF CANOPY S
1
CANOPY SIDE VIEW
QUANTITY
Meeting
NORTH AMERICAN PROPERTIESBYRON
LEASING CANOPY SIGNMOUNTING SPECS
CLIENT
B
SIDE VIEW
PROJECT
SIGN TYPE
136
of
81
Exhibit
Page
214.821.6992
FAX
|
214.821.6990
PHONE
|
7263 Envoy Court, Dallas, Tx 75247
doddcreative.com
WEBMAIL
CANOPY TOP VIEW
Council
Town
SW 7069 IRON ORESW 6244 NAVALSW WHITESW 0012 EMPIRE GOLD
SQUARE FOOTAGEENTIRE SIGN= 93.32BYRON= 62.18APARTMENT HOMES= 5.68
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-513-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
10/9/2019Town Council
On agenda:Final action:
10/22/2019
Title:
Receive an update from the Council Liaison, Council Member Philip Shoffner, regarding the October
15, 2019 Charter Review Commission meeting; and discussion of and take appropriate action
regarding Charter provisions to have the Charter Review Commission review (S. Norwood).
Attachments:
Town of Trophy Club Home Rule Charter.pdf
DateVer.Action ByActionResult
Agenda Item No. 13:
ReceiveanupdatefromtheCouncilLiaison,CouncilMemberPhilipShoffner,regardingtheOctober15,2019Charter
ReviewCommissionmeeting;anddiscussionofandtakeappropriateactionregardingCharterprovisionstohavethe
Charter Review Commission review (S. Norwood).
Town CouncilPage 82 of 136Meeting Date: October 22, 2019
HOME RULE
CHARTER
Article I. Form of Government & Boundaries........................................................................C-7
1.01 Incorporation, Corporate Name.............................................................................C-7
1.02 Form of Government.............................................................................................C-7
1.03 Boundaries.............................................................................................................C-7
1.04 Annexation............................................................................................................C-7
1.05 Disannexation........................................................................................................C-8
Article II. Powers of the Town.................................................................................................C-8
2.01 Enumerated Powers Not Exclusive.......................................................................C-8
2.02 Eminent Domain....................................................................................................C-8
2.03 Power to Acquire Property Inside and Outside the Town for Any
Lawful Purposes..................................................................................................C-9
Article III. The Council.............................................................................................................C-9
3.01 Number, Selection, Term.......................................................................................C-9
3.02 Qualifications.........................................................................................................C-9
3.03 Number, Selection, Term, Council Judge of Election of Members.....................C-10
3.04 Vacancies, Forfeiture of Office, Filling of Vacancies.........................................C-10
3.05 Compensation......................................................................................................C-11
3.06 Mayor..................................................................................................................C-11
3.07 Mayor Pro-Tem...................................................................................................C-11
3.08 Powers of the Council..........................................................................................C-12
3.09 Meetings of the Council......................................................................................C-13
3.10 Special Meetings..................................................................................................C-14
3.11 Rules of the Council............................................................................................C-14
3.12 Quorum................................................................................................................C-14
3.13 Interference in Town Manager Appointments and Removals or Duties.............C-14
3.14 Action Requiring an Ordinance...........................................................................C-15
3.15 Form of Ordinances.............................................................................................C-15
3.16 Procedure for Enacting Ordinances and Resolutions; Publications.....................C-15
3.17 Emergency Ordinances........................................................................................C-16
3.18 Bonds for Employees...........................................................................................C-16
3.19 Investigative Powers of the Council....................................................................C-17
3.20 Conflict of Interest and Abstention......................................................................C-17
3.21 Indemnification of Officers.................................................................................C-17
3.22 Term Limits.........................................................................................................C-17
Article IV. Administrative Services.......................................................................................C-18
4.01 Administrative Departments................................................................................C-18
4.02 Town Manager - Appointment and Qualifications..............................................C-18
4.03 Compensation......................................................................................................C-18
4.04 Term and Removal..............................................................................................C-18
4.05 Powers and Duties...............................................................................................C-19
4.06 Acting Town Manager.........................................................................................C-20
C-1
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Trophy Club Code of Ordinances Home Rule Charter
4.07 Town Secretary....................................................................................................C-20
4.08 Duties of the Town Secretary..............................................................................C-20
4.09 Compensation......................................................................................................C-21
4.10 Municipal Court...................................................................................................C-21
4.11 Judge of Court.....................................................................................................C-21
4.12 Clerk of the Court................................................................................................C-21
4.13 Fines....................................................................................................................C-21
4.14 Town Attorney - Appointment & Qualifications.................................................C-22
4.15 Professional Services...........................................................................................C-22
4.16 Town Boards, Commissions and Corporations...................................................C-22
4.17 Personal Financial Interest...................................................................................C-22
4.18 Accepting Gifts, Etc............................................................................................C-23
Article V. Nominations and Elections....................................................................................C-23
5.01 Elections..............................................................................................................C-23
5.02 Regulation of Elections.......................................................................................C-25
5.03 Special Elections..................................................................................................C-25
5.04 Filing for Office...................................................................................................C-25
5.05 The Official Ballot...............................................................................................C-26
5.06 Canvassing and Election Results.........................................................................C-26
5.07 Notification of Town Officers.............................................................................C-26
5.08 Oath of Office......................................................................................................C-26
Article VI. Recall.....................................................................................................................C-26
6.01A Scope of Recall....................................................................................................C-26
6.02 Petition for Recall................................................................................................C-27
6.03 Form of Recall and Oath.....................................................................................C-27
6.04 Procedure After Filing Petition for Recall...........................................................C-28
6.05 Public Notice.......................................................................................................C-29
6.06 Official Ballot......................................................................................................C-29
6.07 Recall Petition Prohibited....................................................................................C-29
6.08 Refusal of Recall Petition....................................................................................C-29
Article VII. Legislation By The People, Initiative and Referendum...................................C-30
7.01 Initiative Generally..............................................................................................C-30
7.02 Petition.................................................................................................................C-30
7.03 Referendum.........................................................................................................C-30
7.04 Voluntary Submission of Legislation by the Council..........................................C-31
7.05 Form of Ballots....................................................................................................C-31
7.06 Publication of Proposed and Referred Ordinances..............................................C-31
7.07 Adoption of Ordinances.......................................................................................C-31
7.08 Inconsistent Ordinances.......................................................................................C-31
7.09 Ordinances Passed by Popular Vote: Repeal or Amendment..............................C-31
7.10 Further Regulations by Council...........................................................................C-32
Article VIII. Municipal Planning and Zoning......................................................................C-32
8.01 State Law Adopted - Zoning...............................................................................C-32
8.02 State Law Adopted - Subdivision Regulation.....................................................C-32
8.03 The Planning and Zoning Commission...............................................................C-32
8.04 Purpose, Objective, Power and Duties................................................................C-33
8.05 Board of Adjustment...........................................................................................C-34
8.06 Comprehensive Master Plan................................................................................C-34
C-2
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Trophy Club Code of Ordinances Home Rule Charter
Article IX. Budget, Finance and Taxation............................................................................C-34
9.01 Fiscal Year...........................................................................................................C-34
9.02 Submission..........................................................................................................C-35
9.03 Budget Message...................................................................................................C-35
9.04 Budget..................................................................................................................C-35
9.05 Council Action on Budget...................................................................................C-36
9.06 Amendment after Adoption.................................................................................C-37
9.07 Administration and Fiduciary Oversight of the Budget.......................................C-38
9.08 Capital Program...................................................................................................C-38
9.09 Audit and Examination of Town Books and Accounts.......................................C-39
9.10 Defect Shall Not Invalidate Tax Levy.................................................................C-39
9.11 Public Records.....................................................................................................C-39
9.12 Specified Reserve Fund.......................................................................................C-40
9.13 Changes in Budget...............................................................................................C-40
9.14 Authority to Incur Indebtedness..........................................................................C-40
9.15 Bonds Incontestable.............................................................................................C-40
9.16 Borrowing in Anticipation of Property Tax.........................................................C-40
9.17 Use of Bond Funds..............................................................................................C-41
9.18 Power to Tax........................................................................................................C-41
9.19 Tax Rate...............................................................................................................C-41
9.20 Other Rules and Regulations...............................................................................C-41
Article X. Franchises and Public Utilities.............................................................................C-41
10.01 Inalienability of Control of Public Property........................................................C-41
10.02 Powers of the Town.............................................................................................C-42
10.03 Power to Grant Franchise....................................................................................C-42
10.04 Franchise Value Not to be Allowed.....................................................................C-42
10.05 Right of Regulation.............................................................................................C-42
10.06 Consent of Property Owner.................................................................................C-43
10.07 Extensions............................................................................................................C-43
10.08 Other Conditions..................................................................................................C-44
10.09 Accounts of Municipally Owned Utilities...........................................................C-44
10.10 Sales of Electricity, Water and Sewer Service....................................................C-44
10.11 Regulation of Rates and Service..........................................................................C-44
Article XI. General Provisions...............................................................................................C-45
11.01 Charter Authority.................................................................................................C-45
11.02 Public Records.....................................................................................................C-45
11.03 Property Not Subject to Execution......................................................................C-45
11.04 Town Not Required to Give Security or Execute Bond......................................C-45
11.05 Notice of Injury or Damage.................................................................................C-45
11.06 Powers to Remit Penalties...................................................................................C-46
11.07 Property Not Exempt from Special Assessments................................................C-46
11.08 Town Depository.................................................................................................C-46
11.09 Judicial Notice.....................................................................................................C-46
11.10 Severability Clause..............................................................................................C-46
11.11 Construction of Charter.......................................................................................C-46
11.12 Renumber, Rename, Rearrange, Clerical, Typographical and
Grammatical Error Correction...........................................................................C-47
11.13 Amendment to Charter........................................................................................C-47
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Trophy Club Code of Ordinances Home Rule Charter
11.14 Code of Ethics and Conduct; Ethics Commission...............................................C-47
11.15 Charter Review Commission...............................................................................C-47
Article XII. Transitional Provisions......................................................................................C-48
12.01 Interim Municipal Government...........................................................................C-48
12.02 Persons Serving on Boards, Commissions or Corporations................................C-48
12.03 Effect of this Charter on Existing Law................................................................C-48
12.04 Continuance of Contracts, Franchises and Succession of Rights........................C-49
12.05 Submission of Charter to Voters..........................................................................C-49
\[Next page is C-7.\]
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Trophy Club Code of Ordinances Home Rule Charter
*
HOME RULE CHARTER
Article I. Form of Government & Boundaries
1.01 Incorporation, Corporate Name
All citizens of the Town of Trophy Club, in Denton and Tarrant Counties, Texas, within the
boundaries of said Town now established or as hereinafter established in the manner provided by
law shall continue to be a municipal body politic and corporate in perpetuity under the name
ÐTown of Trophy ClubÑ hereinafter referred to as the ÐTownÑ with such powers, rights, authority,
privileges, obligations and immunities as are herein provided and as otherwise provided by law.
1.02 Form of Government
The municipal government provided by this Charter shall be known as the Ðcouncil-manager
governmentÑ. Pursuant to its provisions and subject only to the limitations imposed by the Texas
Constitution, and the laws of the State of Texas, and by this Charter, all powers of the Town shall
be vested in an elective council, hereinafter referred to as the ÐCouncilÑ which shall enact
legislation, adopt budgets, determine policies, and appoint the Town Manager, who shall execute
the laws and administer the government of the Town. All powers of the Town shall be exercised
in the manner prescribed by this Charter, or if the manner be not prescribed, then in such manner
as may be prescribed by ordinance or State law.
State law referenceÎ Form of government, V.T.C.A., Local Government Code, sec. 26.021.
1.03 Boundaries
The boundaries of the Town shall be as they have been established previously, now exist, and as
hereinafter amended by the Council in accordance with the law and a map of such boundaries
shall be on file with the Town Secretary.
State law referencesÎ Municipal boundaries and annexation, V.T.C.A., Local Government Code, ch. 41 et
seq.; map of municipal boundaries and extraterritorial jurisdiction, V.T.C.A., Local Government Code, sec.
41.001.
1.04 Annexation
(a) The Council shall have the power by ordinance to fix boundaries of the Town and to
provide for the alteration or the extension of said boundaries, pursuant to any laws of the State of
Texas now or hereinafter enacted, with or without the consent of the owners or inhabitants of
such territory.
*
EditorÓs noteÎ Printed herein is the charter of the Town of Trophy Club, Texas, which was adopted at an
election held on November 2, 2004 and effected by Ordinance 2004-32, sec. II, adopted November 15,
2004. Apart from minor nonsubstantive changes in style and formatting, the charter is reproduced as it
appeared in chapter 1, article 1 of the 2006 Code of Ordinances. Capitalization, punctuation and grammar
have been retained. Obviously misspelled words have been corrected without notation. Material enclosed in
brackets has been added for clarification. Amendments to the charter are indicated by a history note
following the amended provision. The absence of a history note indicates the material is unchanged from
the original charter.
State constitution referenceÎ Charter to be consistent with constitution and general laws, art. XI, sec. 5.
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Trophy Club Code of Ordinances Home Rule Charter
(b) The annexation ordinance shall describe the territory to be annexed. Notice shall be
published and public hearings held as required by State law. Amendments not enlarging or
extending the boundaries set forth in the proposed ordinance may be incorporated into the
proposed ordinance without the necessity of republication of said notice. The additional territory
annexed shall be a part of the Town and the property situated therein shall bear its pro rata part of
the taxes levied by the Town as provided by State law. The inhabitants thereof shall be entitled to
all the rights and privileges of other citizens and shall be bound by the acts, ordinances,
resolutions and regulations of the Town.
State law referenceÎ Municipal annexation, V.T.C.A., Local Government Code, ch. 43.
1.05 Disannexation
The Council may, by ordinance, disannex any territory within the corporate boundaries of the
Town, if the Council determines the territory is not necessary or suitable for Town purposes or if
it is determined that disannexation is required as a result of a valid municipal purpose, and may
exchange territory with other municipalities. When the disannexation ordinance is passed, the
disannexed territory shall cease to be a part of the Town. The disannexed territory shall remain
liable for its pro rata share of any indebtedness incurred while the area was a part of the Town
and the Town shall continue to levy, assess and collect taxes on the property in the disannexed
territory until such indebtedness has been paid.
State law referenceÎ Disannexation, V.T.C.A., Local Government Code, sec. 43.141 et seq.
*
Article II. Powers of the Town
2.01 Enumerated Powers Not Exclusive
The Town shall have the powers which are herein expressly provided as well as all powers that
are now or which hereafter may be granted to municipalities by the Constitution or laws of the
State of Texas, together with all the implied powers necessary to execute such granted powers.
The enumeration of particular powers in the Charter shall not be held or deemed to be exclusive
of those powers not expressly enumerated but shall be cumulative and shall not be interpreted as
limiting the TownÓs power in any way.
2.02 Eminent Domain
The Town shall have full right, power and authority to exercise the power of eminent domain
when necessary or desirable to carry out any of the powers conferred upon it by this Charter, or
by the Constitution, by the laws of the State of Texas or by Town ordinance. The power of
eminent domain hereby conferred shall include the right of the Town to take the fee, easement
and other interest in the lands so condemned, and such power and authority shall include the right
to condemn public and private property for such purposes. The Town shall have and possess this
*
State law referencesÎ Powers of home-rule municipality, V.T.C.S. art. 1175; general powers of home-
rule municipality, V.T.C.A., Local Government Code, sec. 51.071 et seq.; authority of local self-
government, V.T.C.A., Local Government Code, sec. 51.072.
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Trophy Club Code of Ordinances Home Rule Charter
power of condemnation of property within or without the corporate limits for any municipal or
public purposes, even though not specifically enumerated herein or in this Charter.
State law referencesÎ Eminent domain, V.T.C.A., Property Code, ch. 21; municipal right of eminent
domain, V.T.C.A., Local Government Code, ch. 251.
2.03 Power to Acquire Property Inside and Outside the Town for Any Lawful
Purposes
The Town shall have the power to sell and to acquire by purchase either private or public
property located inside or outside of the corporate limits for any lawful purposes.
State law referenceÎ Authority relating to property, V.T.C.A., Local Government Code, sec. 51.076.
Article III. The Council
3.01 Number, Selection, Term
The Council shall consist of seven (7) members, a Mayor and six (6) Councilmembers, elected
from the Town at-large-by-place in the manner provided in Article V, for a term of three (3) years
or until their successors have been elected and take office as provided in Article V. Each
Councilmember shall be elected to and occupy a place on the Council, such Places being
numbered (e.g., Place 1, Place 2, Place 3, etc.).
(Section 3.01 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 4, adopted
5/18/09 and May 11, 2013 election, effected by Ordinance 2013-15, prop. 18, adopted 5/21/13)
3.02 Qualifications
(a) Each person who becomes a candidate for Mayor or Councilmember shall meet the
following qualifications:
(1) be at least eighteen (18) years of age on the first day of the form to be filed;
(2) be a citizen of the United States;
(3) be a qualified voter of the Town;
(4) reside and have resided for at least twelve (12) months preceding the election within
the corporate limits of the Town;
(5) no candidate may file for more than one office or position number per election;
(6) no employee of the Town shall continue in such position after becoming a candidate
for a Town elective office; and,
(7) If any sitting Council member files to become a candidate for another public office,
he shall resign his current seat upon filing for the new office.
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Trophy Club Code of Ordinances Home Rule Charter
(b) The Council shall be the judge of the qualifications of candidates for office in accordance
with Section 3.04(b) and for these purposes shall have the power to subpoena witnesses and
require the production of records.
(Subsection (a)(1) amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 4,
adopted 5/18/09 and May 11, 2013 election, effected by Ordinance 2013-15, prop. 3, adopted
5/21/13. Subsection (a)(7) added by May 9, 2009 election, effected by Ordinance 2009-12, prop.
5, adopted 5/18/09 Subsection (b) amended by May 11, 2013 election, effected by Ordinance
2013-15, prop. 4, adopted 5/21/13.)
State law referenceÎ Age and residence requirements for home-rule city office, V.T.C.A., Election Code,
sec. 141.003.
3.03 Number, Selection, Term\[,\] Council Judge of Election of Members
The Council shall be the judge of the election and qualifications of its own members, subject to
review of the courts in case of contest. The Council shall after each regular or special election,
canvass the return and declare the results of each election as required by law.
3.04 Vacancies, Forfeiture of Office, Filling of Vacancies
(a) The office of the Mayor or a Councilmember shall become vacant upon the Mayor or
CouncilmemberÓs death, resignation, removal from office (in any manner authorized by law), or
forfeiture of office.
(b) The Mayor or a Councilmember shall forfeit his office if during a term of office, the Mayor
or Councilmember:
(1) lacks any qualification for the office prescribed by this Charter or by other law;
(2) violates any express prohibition of this Charter;
(3) is convicted of a felony crime or is convicted of a crime involving moral turpitude;
or,
(4) fails to attend three consecutive regular meetings of the Council without being
excused by the Council.
The Council shall, by an affirmative 3/4 vote of the entire membership, be the judge in matters
involving forfeiture of office by a Councilmember or the Mayor; provided however, that if any
member is convicted of a felony or a crime of moral turpitude while in office, the office shall
immediately and automatically become vacant without any requirement for action by the Council.
Forfeiture of office pursuant to this section may be appealed to an appropriate court as provided
by law.
(c) If there is a vacancy in the office of Mayor, a new Mayor shall be elected by special
election within one hundred twenty (120) days after such vacancy occurs, in accordance with the
Texas Constitution and the Texas Election Code.
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(d) A vacancy in the office of a Councilmember shall be filled by special election within one
hundred twenty (120) days after such vacancy occurs, in accordance with the Texas Constitution
and the Texas Election Code. If the vacated office is that of Mayor Pro-Tem, the Town Council
shall elect a new Mayor Pro-Tem at the next regular meeting.
(e) Vacancies filled by special election shall be for the remainder of the term that was vacated.
(Subsection (b)(2) added and former subsections (b)(2) and (b)(3) renumbered to (b)(3) and (b)(4)
by May 9, 2009 election, effected by Ordinance 2009-12, prop. 6, adopted 5/18/09. The closing
paragraph of subsection (b) amended by May 11, 2013 election, effected by Ordinance 2013-15,
prop. 4, adopted 5/21/13. Subsection (c) amended and Subsection (d) and (e) added by May 9,
2009 election, effected by Ordinance 2009-12, props. 4, 7, adopted 5/18/09)
State law referenceÎ Special election to fill vacancy generally, V.T.C.A., Election Code, sec. 201.051 et
seq.
3.05 Compensation
The Mayor and Councilmembers shall serve without pay or compensation; provided, however,
that they shall be entitled to reimbursement of any necessary expenses incurred in the
performance of their official duties, when approved by Council or their designee.
State law referenceÎ Compensation of officers in home-rule municipality, V.T.C.A., Local Government
Code, sec. 141.004.
3.06 Mayor
The Mayor shall preside over the meetings of the Council, and perform such other duties
consistent with the office as may be imposed upon him by this Charter and by ordinances and
resolutions passed in pursuance thereof. He may participate in the discussion of all matters
coming before the Council and he shall have a vote on all matters before the Council. He shall
sign after authorization by the Council, all contracts, conveyances made or entered into by the
Town, all bonds, warrants and any other obligations issued under the provisions of this Charter, in
the manner prescribed in the ordinance authorizing the signing of any such obligation. He shall
present an annual state of the Town message, which shall include setting out needs and goals for
the Town. He shall be recognized as the official head of the Town by the courts for the purpose of
serving civil process, by the Governor for the purpose of enforcing military law and for all
ceremonial purposes.
(Section 3.06 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 9, adopted
5/18/09 and May 11, 2013 election, effected by Ordinance 2013-15, prop. 5, adopted 5/21/13)
EditorÓs noteÎ Former section 3.06A pertaining to the mayor and amended by May 9, 2009 election
effected by Ordinance 2009-12, prop. 19, adopted 3/9/09 and renumbered by Ordinance 2009-21 adopted
8/24/09 was repealed by May 11, 2013 election, effected by Ordinance 2013-15, prop. 5, adopted 5/21/13)
3.07 Mayor Pro-Tem
The Council, at its first meeting after election of Councilmembers, shall elect one of its number as
Mayor Pro Tem. He shall perform all the duties of the Mayor in the absence or disability of the
Mayor.
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3.08 Powers of the Council
All powers of the Town, and the determination of all matters of policy, shall be vested in the
Council. Without limitation of the foregoing, and among the other powers that may be exercised
by the Council, the following are hereby enumerated for greater certainty:
(a) Appoint and remove a Town Manager as hereinafter provided;
(b) Adopt the budget of the Town, and remain fully advised as to the financial condition
and future needs of the Town;
(c) Authorize the issuance and sale of bonds by a bond ordinance;
(d) Develop long term goals for the Town and strategies to implement goals;
(e) Inquire into the conduct of any office, department or agency of the Town and
authorize investigations as to municipal affairs;
(f) Provide for such additional boards, commissions and corporations not otherwise
provided for in this Charter, as may be deemed necessary, and appoint the members
of all such boards, commissions and corporations. Such boards, commissions and
corporations shall have all powers and duties now or hereafter conferred and created
by this Charter, by Town ordinance or by State law;
(g) Adopt and modify the zoning plan, and a building code, including electrical and
plumbing codes, of and for the Town; and to require building permits;
(h) Adopt and modify the official map of the boundaries of the Town and its
extraterritorial jurisdiction;
(i) Adopt, modify and carry out plans proposed by the Town Planning and Zoning
Commission for the clearance of slum districts and rehabilitation of blighted areas;
(j) Adopt, modify and carry out plans proposed by the Town Planning and Zoning
Commission for the replanning, improvement and redevelopment of any area or
district which may have been destroyed in whole or in part by disaster;
(k) Regulate, license and fix the charges or fares made by any person, firm or
corporation owning, operating or controlling any vehicle of any character used for the
carrying of passengers for hire or the transportation of freight for hire on the public
streets and alleys of the Town;
(l) Provide for the establishment and designation of fire limits, and prescribe the kind
and character of buildings or structures or improvements to be erected therein;
provide for the erection of fireproof buildings within said limits; provide for the
condemnation of dangerous structures, buildings, dilapidated buildings or buildings
calculated to increase the fire hazard, and prescribe the manner of their removal or
destruction, within said limits;
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(m) Provide for a sanitary sewer and water system, and require property owners to
connect their premises with sewer system and provide the penalties for failure to
make sanitary sewer connections;
(n) Provide for sanitary garbage disposal, and set fees and charges therefor, and provide
penalties for failure to pay such fees and charges; define nuisances and to prohibit
same, and provide penalties for violations;
(o) Provide for all necessary public utilities and set fees and charges therefor and provide
penalties for misuses of same;
(p) Exercise exclusive dominion, control and jurisdiction (including the right to close
and abandon streets and alleys) in, upon, over and under the public streets, avenues,
sidewalks, alleys, highways, boulevards and public grounds of the Town; provide for
the improvement of same as set forth in State law or as determined appropriate by the
Council in order to meet a municipal purpose;
(q) Compromise and settle any and all claims, demands and lawsuits, of every kind and
character, in favor of, or against, the Town;
(r) Require bonds, both special and general, of such contractors and others constructing
or building for the Town as Council determines appropriate, and to set up standards,
rules and regulations therefor;
(s) Pass ordinances defining and prohibiting misdemeanors and provide penalties for
violations;
(t) Provide and/or arrange for any and all Ðcivil defense measuresÑ and Ðpublic shelter
measuresÑ for the Town and for the citizens thereof, deemed necessary for the public
welfare;
(u) Exercise, or delegate to the Mayor, extraordinary and total executive powers (on a
temporary basis) during the existence and duration of any major public disaster, for
the public welfare; and,
(v) Name and designate an ÐOfficial NewspaperÑ for the Town and cause only the
caption of duly enacted ordinances to be published except as provided otherwise by
law.
(Subsection (b) amended, Subsection (d) added, and subsections (a) Î (v) renumbered accordingly
by May 9, 2009 election, effected by Ordinance 2009-12, prop. 19, adopted 5/18/09)
3.09 Meetings of the Council
The Council shall hold at least two (2) regular meetings a month for at least seven (7) months and
a minimum of one meeting during each of the other five (5) months at a time to be fixed by
Council for such regular meetings. Council may hold as many other meetings as may be
necessary for the transaction of the business of the Town. All regular meetings shall be held at the
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Municipal Building or at such other places within town limits as will permit the attendance of the
general public. All meetings will be held in accordance with open meeting laws of the State of
Texas.
State law referenceÎ Open meetings, V.T.C.A., Government Code, ch. 551.
3.10 Special Meetings
The Mayor or any three (3) members of the Council may call special meetings by giving notice to
the Town Secretary of the nature of the meeting, the items for consideration, and the proposed
date and time of the meeting. The Town Secretary shall notify each member of the Council of the
time of such meeting and purpose thereof. Only matters mentioned in the call shall be considered.
3.11 Rules of the Council
(a) The Council shall determine its own rules of procedure and may compel the attendance of
its members. Minutes of the proceedings of the Council shall be kept, to which any citizen may
have access at all reasonable times and which shall constitute one of the archives of the Town.
(b) Any item requested by two (2) Councilmembers, or the Mayor, or by the Town Manager
shall be placed on the agenda by the Town Secretary. The Mayor will establish the order of the
agenda for each Council meeting. The Town Secretary shall prepare the agenda, which shall be
publicly posted in accordance with the Texas Open Meetings Act.
(c) The rules shall provide that citizens of the Town shall have a reasonable opportunity to be
heard at any meeting.
(Subsection (b) amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 10,
adopted 5/18/09)
3.12 Quorum
A majority of the Council shall constitute a quorum to do business. A number less than a quorum
may adjourn from time to time and compel the attendance of absent members. Except as
otherwise specifically provided herein or as provided by law, four (4) members of Council shall
constitute a quorum for the purpose of transaction of business and no action of the Council shall
be valid or binding unless adopted by the affirmative vote of four (4) or more members of the
Council, or as required by State law or this Charter. If the Council is reduced to less than four (4)
members on account of vacancies, the remaining members shall constitute a quorum for the sole
purpose of calling an election.
(Section 3.12 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 9, adopted
5/18/09)
3.13 Interference in Town Manager Appointments and Removals or Duties
Neither the Council nor any of its members shall direct or request the appointment of any person
to or his removal from office by the Town Manager or by any of his subordinates. However, the
Council may consult and advise with the Town Manager, make inquiry regarding the
appointments or removals and may express their opinion in regard thereto. In regard to
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administrative and executive duties under the Town Manager, the Council and its members shall
deal solely through the Town Manager, either publicly or privately.
3.14 Action Requiring an Ordinance
In addition to other acts required by law or by specific provision of this Charter to be done by
ordinance, those acts of the Council shall be by ordinance which:
(a) Adopt or amend an administrative code;
(b) Provide for a fine or other penalty or establish a rule or regulation for violation of
which a fine or other penalty is imposed;
(c) Levy taxes;
(d) Grant, renew or extend a franchise;
(e) Regulate the rate charged for its services by a public utility;
(f) Authorize the borrowing of money that cannot be repaid within the current fiscal
year;
(g) Convey, lease or authorize the conveyance or lease of any lands of the Town;
(h) Regulate land use and development;
(i) Amend or repeal any ordinance previously adopted; and,
(j) Adopt an annual budget.
Acts other than those referred to in the preceding sentence may be done either by ordinance or by
resolution provided that such action is in compliance with applicable law.
State law referenceÎ Ordinance, rule or regulation necessary to carry out other powers, V.T.C.A., Local
Government Code, sec. 51.001.
3.15 Form of Ordinances
Every proposed ordinance shall be introduced in writing and in substantially the form required for
final adoption. The subject of the ordinance shall be clearly expressed in its title. The enacting
clause of every ordinance shall be in accordance with State law. Any ordinance which repeals or
amends an existing ordinance or part of the Town code shall clearly set forth the provision or
provisions being repealed or amended and, if amended, shall further clearly set forth the
amendment being made.
3.16 Procedure for Enacting Ordinances and Resolutions; Publications
(a) Ordinances and resolutions may be passed at any regular meeting or special meeting called
for that purpose provided notice has been given in accordance with the Texas Open Meetings Act.
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(b) All ordinances, exclusive of emergency ordinances defined by Section 3.17 of this Charter,
shall be considered and passed in open meeting of the Council. All persons interested shall have
the opportunity to be heard. The Town Attorney shall opine as to legality all ordinances prior to
final adoption. Every ordinance, resolution or motion shall require on passage the affirmative
vote of four (4) or more members of Council present unless more is required by State law.
(c) The descriptive caption or title of an ordinance that imposes a penalty, fine or forfeiture,
and the penalty for violating the ordinance, shall be published at least once in the official
newspaper of the Town.
(d) An ordinance required to be published takes effect when the publication requirement is
satisfied, unless the ordinance provides otherwise. An ordinance that is not required to be
published takes effect when adopted unless the ordinance provides otherwise.
(e) All ordinances and resolutions may be admitted and received in all courts, subject to the
rules of evidence and laws of jurisdictions where proof of such ordinances and resolutions are
tendered, without further proof.
(Subsection (b) amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 9,
adopted 5/18/09)
State law referenceÎ Publication of ordinances, V.T.C.A., Local Government Code, sec. 52.013.
3.17 Emergency Ordinances
The Council may adopt emergency ordinances only to meet public emergencies affecting the life,
health, property or the public peace in accordance with State law. In particular, such ordinances
shall not levy taxes, grant or renew or extend a franchise or regulate the rate charged by any
public utility for its services, and shall be adopted as authorized by applicable state or federal law.
After adoption the ordinance shall be published as required by law, but may become effective
immediately upon enactment.
(Section 3.17 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 9, adopted
5/18/09 and May 11, 2013 election, effected by Ordinance 2013-15, prop. 6, adopted 5/21/13)
3.18 Bonds for Employees
The Town Manager and the Town Secretary and such other Town officers and employees as the
Council may require, shall, before entering upon the duties of their office, enter into a good and
sufficient fidelity bond in a sum to be determined by the Council payable to the Town, and
conditioned upon the faithful discharge of the duties of such persons, and upon the faithful
accounting for all monies, credits and things of value coming into the hands of such persons, and
such bonds shall be signed as surety by some company authorized to do business under the laws
of the State of Texas. Premium of such bonds shall be paid by the Town, and such bonds must be
acceptable to the Council.
State law referenceÎ Official bonds, V.T.C.A., Government Code, ch. 604.
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3.19 Investigative Powers of the Council
The Council, by the affirmative vote of a quorum, shall have the power to authorize an inquiry or
investigation into the official conduct of any office, department, or agency of the Town.
(Section 3.19 amended by May 11, 2013 election, effected by Ordinance 2013-15, prop. 7,
adopted 5/21/13)
3.20 Conflict of Interest and Abstention
(a) 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 of municipal
officers, with an agenda item then before the Town Council, he shall openly declare same before
discussion proceeds, and he is thereby prohibited from discussing the item or voting on the
question, and is not considered as present and voting for the purposes of the tally.
(b) Abstention. Should any person on the Town Council choose to abstain from voting on any
question before the Town Council, where no conflict of interest exists, the personÓs vote shall be
recorded as a negative vote in the official minutes of the meeting.
(Section 3.20 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 11,
adopted 5/18/09)
EditorÓs noteÎ The election held May 9, 2009 amended Article III to add a section entitled ÐConflict of
Interest and AbstentionÑ numbered as Section 3.20 and replacing the current Section 3.20 of Article III
which was amended, renumbered and moved to Article IX, Section 9.09 effected by Ordinance 2009-12,
prop. 19, adopted May 18, 2009.
State law referencesÎ Conflicts of interest of officers, V.T.C.A., Local Government Code, ch. 171; public
disclosure, V.T.C.A., Government Code, ch. 553.
3.21 Indemnification of Officers
The Council may, by appropriate ordinance, provide for the indemnification and defense of the
officers and employees of the Town, including members of the Council, or any board,
commission, or committee, including volunteers, against any loss, cost, or expense arising out of
or related to the discharge of official duties, to the extent such indemnification is allowed by law
and to the extent such actions or inactions are covered under the terms of the TownÓs general
liability insurance coverage. Under no circumstances shall indemnification be provided for any
act arising out of the intentional or knowing violation of any penal statute or for any personal or
private business of such officer, employee, member or volunteer, or for any criminal misconduct.
(Section 3.21 amended by May 11, 2013 election, effected by Ordinance 2013-15, prop. 8,
adopted 5/21/13)
3.22 Term Limits
No person shall serve as Mayor for successive elected full terms totaling more than six years, and
no person shall serve as Councilmember for successive elected full terms totaling more than six
years. A term of office shall be defined as an elected period of two (2) years or an elected period
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of three (3) years. A portion of a term does not count as a term of office for purposes of a limit.
Term limits shall apply to the May of 2010 election and all subsequent elections. Election terms
previously served or being served at the May of 2010 election are not counted in the application
of term limits.
(Section 3.22 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 23,
adopted 5/18/09)
*
Article IV. Administrative Services
4.01 Administrative Departments
Administrative departments shall be established by the Town Manager. The head of each
department shall be appointed by the Town Manager and shall be subject to the direction and
supervision of the Town Manager.
4.02 Town Manager - Appointment and Qualifications
(a) The Council shall appoint a Town Manager, who shall be the chief administrative officer of
the Town.
(b) The method of selection shall be left to the discretion of the Council so long as the method
insures orderly, non-partisan action toward securing a competent and qualified person to fill the
position. The Town Manager shall be chosen upon the basis of administrative training,
experience, ability, character and other such professional qualifications as determined appropriate
by Council.
(c) Neither the Mayor nor any Councilmember may be appointed Town Manager or acting
Town Manager while holding office or for a period of two (2) years thereafter.
(d) The Town Manager shall establish residency in the Town unless excused by Council.
(Subsection (a) amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 12,
adopted 5/18/09)
4.03 Compensation
The Town Manager shall receive compensation as may be fixed by the Council.
State law referenceÎ Compensation of officers in home-rule municipality, V.T.C.A., Local Government
Code, sec. 141.004.
4.04 Term and Removal
The Town Manager shall not be appointed for a definite term but may be removed at the
discretion of the Council by majority vote of the Council. Such action taken by Council shall be
done in accordance with the personnel policies of the Town applicable to at-will employees. The
action of the Council in suspending or removing the Town Manager shall be final. It is the
*
State law referenceÎ Creation of municipal offices, V.T.C.A., Local Government Code, sec. 26.041.
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intention of this Charter to vest all authority and fix all responsibilities of such suspension or
removal in the Council.
4.05 Powers and Duties
The Town Manager shall be the chief administrative officer and head of the administrative branch
of the Town. He shall be responsible to the Council for the proper administration of all the affairs
of the Town and to that end shall have the power and be required to:
(a) Oversee the effective enforcement of all applicable laws and ordinances, implement
the directives and policies established by Council and oversee the administration of
contracts and franchises to ensure compliance with the terms approved by Council;
(b) Appoint, suspend and/or remove all or any one of the heads of departments and all
subordinate officers and employees of the Town in accordance with applicable laws
and policies. The Town Manager may authorize any administrative officer subject to
the ManagerÓs direction and supervision to exercise these powers with respect to
subordinates in that officerÓs department, office or agency;
(c) Direct and supervise the administration of all departments;
(d) Attend all meetings of the Council, except when excused by the Council. The Town
Manager shall have the right to take part in discussion but shall not vote;
(e) Prepare and submit the annual budget and capital program to the Town Council, and
implement the final budget approved by Council to achieve the goals of the Town;
(f) On an annual basis, submit to the Town Council and make available to the public a
complete report on the finances and administrative activities of the TownÓs prior
fiscal year;
(g) Keep the Town Council fully advised as to the financial condition and future needs of
the Town;
(h) Make recommendations to the Council concerning affairs of the Town and facilitate
the work of the Council in developing policy;
(i) Provide staff support services for the Mayor and Councilmembers;
(j) Assist the Council in developing goals and strategies for the next fiscal period;
(k) Assist the Council to develop long term goals for the Town and develop strategies to
implement those goals;
(l) Encourage and provide staff support for regional and intergovernmental cooperation;
(m) Promote partnerships among Council, Staff and citizens in developing public policy
and building a sense of community;
(n) Perform such other duties as may be prescribed by Council, by this Charter, by
ordinance or other law; and,
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(o) Recommend to the Council rules and regulations to be adopted by ordinances to
protect the safety and security of the municipal records.
(Subsections (f), (g), (j) and (k) added and subsections (f), (g), (h), (i), (j) and (k) renumbered to
(h), (i), (l), (m) (n) and (o) by May 9, 2009 election, effected by Ordinance 2009-12, prop. 19,
adopted 5/18/09. Subsection (f) amended by May 11, 2013 election, effected by Ordinance 2013-
15, prop. 9, adopted 5/21/13. Subsection (o) amended by May 11, 2013 election, effected by
Ordinance 2013-15, prop. 10, adopted 5/21/13)
4.06 Acting Town Manager
(a) The Town Manager, within thirty (30) days after taking office, shall designate, by letter
filed with the Town Secretary, a qualified administrative officer of the Town to perform the
duties of the Town Manager in his absence or disability. Such designation shall be subject to
approval of the Council. No member of the Council shall serve as Acting Town Manager. Upon
resignation or termination of the Town Manager, the Acting Town Manager shall perform the
duties of the Town Manager until a new Town Manager or Acting Town Manager is appointed by
the Council.
(b) Should the need for an Acting Town Manager occur prior to the Town Manager submitting
a designee or prior to the CouncilÓs approval of the Town ManagerÓs designee, the Council shall
appoint an Acting Town Manager.
(c) The Town Manager may select a different Acting Town Manager by repeating the letter of
designation and obtaining the CouncilÓs approval for designation of a new Acting Town Manager.
4.07 Town Secretary
The Council shall appoint a Town Secretary who shall act as the Secretary to the Council and
shall hold office at the pleasure of the Council. He shall be entitled to a seat at the Council table
at all official meetings.
(Section 4.07 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 12,
adopted 5/18/09)
4.08 Duties of the Town Secretary
The Town Secretary shall:
(a) Record the minutes of all official meetings of the Council; provided, however, only
the captions of duly enacted ordinances and resolutions shall be recorded in the
minutes;
(b) Hold and maintain the Town Seal and affix to all instruments requiring such seal;
(c) Verify the sufficiency of any petition for recall, initiative, or referendum based upon
the requirements of this Charter and all applicable laws; and,
(d) Be the custodian of all municipal records of the Town; and
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(e) Perform such other duties as may be required by the Council, the Town Manager, this
Charter or the laws of the State of Texas.
(Subsection (e) (renumbered to subsection (d)) added by May 11, 2013 election, effected by
Ordinance 2013-15, prop. 10, adopted 5/21/13; subsections (d) and (e) renumbered by Ordinance
2015-43, sec. 2.01, adopted 12/8/15)
4.09 Compensation
The Council shall set the compensation of the Town Secretary. The authority to set compensation
may be delegated at the discretion of Council.
4.10 Municipal Court
There shall be a court designated to serve the Town as the Municipal Court for the trial of
misdemeanor offenses, with all such powers and duties as are now, or may hereafter be,
prescribed by laws of the State of Texas relative to Municipal Courts.
(Section 4.10 amended by May 11, 2013 election, effected by Ordinance 2013-15, prop. 11,
adopted 5/21/13)
4.11 Judge of Court
The Council shall by ordinance appoint one or more Judges of the Municipal Court. A Judge shall
be a resident of this state, be a citizen of the United States, a licensed attorney in good standing,
licensed to practice in the State of Texas and must have two (2) or more years of experience in
practicing law in this state.
(Section 4.11 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 12,
adopted 5/18/09)
4.12 Clerk of the Court
The Council shall by ordinance provide for the appointment and oversight of a Clerk, Deputy
Clerk and such other personnel that the Council determines appropriate to serve the Municipal
Court of the Town. The duties and authority of all Court personnel shall be in accordance with
state law and Town ordinance.
(Section 4.12 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 12,
adopted 5/18/09 and May 11, 2013 election, effected by Ordinance 2013-15, prop. 12, adopted
5/21/13)
4.13 Fines
All costs and fines imposed by the Municipal Court shall be paid to the Town general fund for the
use and benefit of the Town, unless otherwise required by State law.
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4.14 Town Attorney - Appointment & Qualifications
The Council shall appoint an attorney licensed and in good standing to practice in the State of
Texas as the Town Attorney. He shall serve at the discretion of the Council and he shall receive
for his services such compensation as may be fixed by the Council. The authority to set
compensation may be delegated at the discretion of Council.
(Section 4.14 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 12,
adopted 5/18/09)
4.15 Professional Services
The Council may employ such professional consultants, including engineers, planners, architects
or others whom it finds appropriate and in the best interest of the Town to engage. The Council
may fix the compensation of such professionals and work directly with them or direct that they
work with the Town Manager or his designee. The authority to set compensation may be
delegated at the discretion of Council.
4.16 Town Boards, Commissions and Corporations
(a) Members of boards, commissions and corporations appointed by the Town shall serve
without compensation, provided, however, that they shall be entitled to reimbursement of any
necessary expenses incurred in the performance of their official duties, when approved by
Council or their designee.
(b) A person who holds a paid or elected position with the Town is not eligible to serve on a
board, commission or corporation.
(c) All boards, commissions and corporations shall maintain minutes of their meetings which
shall be public records and which indicate, at a minimum, the members present, the subject of
matters considered and the result of any vote taken. The minutes shall also indicate how each
member voted on each matter.
4.17 Personal Financial Interest
Any officer or employee who has any substantial financial interest, direct or indirect, or by reason
of ownership of stock or shares of a business entity, or in any contract with the Town, or in the
sale of any land, material, supplies or services to the Town or to a contractor supplying the Town
shall make known that interest and shall refrain from voting upon or otherwise participating in his
capacity as a Town officer or employee in the making of such sale or in the making or performing
of such contract.
Any Town officer or employee who knowingly or intentionally conceals such a financial interest
or knowingly or intentionally violates the requirements of this section shall be guilty of
malfeasance in office or position and shall forfeit his office or position.
Violation of this section with the knowledge, express or implied, of the person or corporation
contracting with or making a sale to the Town shall render the contract or sale voidable by the
Town Manager or the Council.
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4.18 Accepting Gifts, Etc.
No officer or employee of the Town shall ever solicit, agree to accept or accept, directly or
indirectly, any gift, favor or privilege from any public utility corporation, or other corporation,
person or persons, enjoying a grant, contract, franchise, privilege or easement from or with said
Town, during the term of office of such officer, or during such employment of such employee,
except as may be authorized by law, resolution or ordinance. Any officer or employee of the
Town who shall violate a provision of this section shall forfeit his office.
In addition to the penalties imposed by State law for a violation of this section, any person
convicted of a violation of this Section shall be ineligible for a period of five (5) years following
such conviction to hold any Town office or position and, if an officer or employee of the Town,
shall immediately forfeit his office or position. The Council may establish by ordinance such
further penalties as it may deem appropriate.
*
Article V. Nominations and Elections
5.01 Elections
The general Town election shall be held annually on a date in accordance with the laws of the
State of Texas and as established by Town ordinance, commencing in the year 2009 at which
time officers will be elected to fill those offices which become vacant that year. The Council may,
by ordinance, order a special election, fix the time and place for holding same and provide all
means for holding such special election.
The Mayor and six (6) Councilmembers shall be elected and serve in the following manner:
(a) The Mayor shall have a three-year term beginning with the May 2011 election.
(b) Councilmembers elected at the May 2009 election shall draw lots to determine Places
1 and 2. Places 1 and 2 shall receive a two-year term at the May 2009 election;
thereafter, Places 1 and 2 shall have three year terms.
(c) Councilmembers elected at the May 2008 election shall draw lots to determine Places
3, 4, and 5. At the May 2010 election, Places 3 and 4 shall receive two year terms and
Place 5 shall receive a three year term; thereafter, Places 3, 4, and 5 shall have three-
year terms.
(d) A Councilmember shall be elected to Place 6 at the November 2013 election for an
initial term of office expiring at the May, 2016 election; thereafter Place 6 shall have
three year terms.
(e) The candidate for Mayor who receives a majority of all votes cast for all the
candidates for such office at the election shall be declared elected.
(f) The candidate for election to each Place on the Council, who receives a majority of
all votes cast for all the candidates for such Place at the election, shall be declared
elected.
*
State law referenceÎ Applicability of Election Code, V.T.C.A., Election Code, sec. 1.002.
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(g) In the event any candidate for an office fails to receive a majority of all votes cast for
all the candidates for such office at such election, the Town Council shall, upon
completion of the official canvass of the ballots, issue a call for a runoff election to
be held within thirty (30) days following the issuance of such call, or in accordance
with the Texas Election Code. The two (2) candidates receiving the highest number
of votes (or three (3) persons in case of tie for second place) for any such office in the
first election shall be placed upon the ballot to be voted on in such runoff election;
and, in case of a tie vote in the runoff election or in the first election if there are only
two (2) candidates, as to the two (2) candidates, the Council shall order subsequent
elections in the same manner as the runoff election until the tie vote between the two
(2) candidates has been resolved. (See EditorÓs note 1 below)
(h) Except as specifically provided in this section, in the case of a tie vote as between
two (2) or more candidates, a special election shall be called by the Council in
accordance with the Texas Election Code. If the tie does not prevent the filling of the
vacancies then the special election shall not be required. (See EditorÓs note 2 below)
(Subsections (a)Î(e) amended, subsections (f) and (g) added by May 9, 2009 election, effected by
Ordinance 2009-12, prop. 4, adopted 5/18/09. Subsection 5.01(e) added by May 9, 2009 election,
effected by Ordinance 2009-12, prop. 13, adopted 5/18/09 and renumbered to subsection (h) by
Ordinance 2009-21 adopted 8/24/09. First two paragraphs and subsection (d) amended by May
11, 2013 election, effected by Ordinance 2013-15, prop. 18, adopted 5/21/13)
EditorÓs note 1Î Ref 5.01(e) and 5.01(h). The 2009 election ballot language did not allow for the
integration of two propositions into one section. For clarification, proposition #4 made the following
changes: Deleted the original 5.01(e) which read ÐExcept as specifically provided in this section, in the
case of a tie vote as between two (2) or more candidates, a special election shall be called by Council. The
Council shall order a special election not less than thirty (30) days nor more than forty (40) days after the
regular election to resolve the tie vote as between such candidates. If the tie does not prevent the filling of
the vacancies then the special election shall not be required.Ñ Added subsections Ð(e) The candidate for
Mayor who receives a majority of all votes cast for all the candidates for such office at the election shall be
declared elected. (f) The candidate for election to each Place on the Council, who receives a majority of all
votes cast for all the candidates for such Place at the election, shall be declared elected. (g) In the event any
candidate for an office fails to receive a majority of all votes cast for all the candidates for such office at
such election, the Town Council shall, upon completion of the official canvass of the ballots, issue a call for
a runoff election to be held within thirty (30) days following the issuance of such call, or in accordance
with the Texas Election Code. The two (2) candidates receiving the highest number of votes (or three (3)
persons in case of tie for second place) for any such office in the first election shall be placed upon the
ballot to be voted on in such runoff election; and, in case of a tie vote in the runoff election or in the first
election if there are only two (2) candidates, as to the two (2) candidates, the Council shall order
subsequent elections in the same manner as the runoff election until the tie vote between the two (2)
candidates has been resolved.Ñ
EditorÓs note 2Î Ref 5.01(e) and 5.01(h). The 2009 election ballot language did not allow for the
integration of two propositions into one section. For clarification, proposition #13 made the following
changes: First sentence, following the word ÐbyÑ deleted the word ÐCouncilÑ at the end of the sentence and
following the word ÐbyÑ added Ðthe Council in accordance with the Texas Election Code.Ñ Deleted a
second sentence which read ÐThe Council shall order a special election not less than thirty (30) days nor
more than forty (40) days after the regular election to resolve the tie vote as between such candidates.Ñ
State law referenceÎ Date for election of officers, V.T.C.A., Local Government Code, sec. 26.042.
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5.02 Regulation of Elections
All general and special elections shall be held in accordance with the laws of the State of Texas
regulating the holding of municipal elections and in accordance with this Charter and ordinances
or resolutions adopted by the Council for the conduct of elections. The Council shall appoint the
Election Judges and other election officials and shall provide for the compensation of all election
officials in the Town elections and for all other expenses in holding said elections.
State law referenceÎ Appointment of election judges, V.T.C.A., Election Code, sec. 32.005.
5.03 Special Elections
The Council may call such special elections as are authorized by the State law, this Charter or for
any other reason the Council deems necessary. The Council shall fix the time and place of
holding same, and provide all means for holding such special elections in accordance with State
law.
5.04 Filing for Office
(a) Each candidate for an elective office shall meet the qualifications set forth in Section 3.02
of this Charter.
(b) Any person so qualified who desires to become a candidate for election shall file an
application with the Town Secretary, in accordance with the Texas Election Code, as amended,
and all other applicable laws.
(c) Within five (5) days after the filing of an application, the Town Secretary shall notify the
candidate whether or not the application satisfied the requirements prescribed by this Charter. If
an application is found insufficient, the Town Secretary shall return it immediately to the
candidate with a statement certifying wherein it is insufficient. Within the regular time for filing
applications, a new application may be filed by the same candidate. The Town Secretary shall
keep on file all applications found sufficient at least until the expiration of the term of which the
candidates are nominated in those applications.
(d) If any member of a board, commission or corporation appointed by the Council shall
become a candidate for election to any public office of the Town, he shall immediately upon his
being elected, forfeit his place as a member of such board, commission or corporation.
(e) If any employee of the Town becomes a candidate for election to any public office of the
Town they shall, immediately upon becoming a candidate, forfeit the employment held with the
Town.
(f) If any sitting Council member files to become a candidate for another public office, he shall
resign his current seat upon filing for the new office.
(Subsection (f) added by May 9, 2009 election, effected by Ordinance 2009-12, prop. 5, adopted
5/18/09)
State law referencesÎ Eligibility for public office, V.T.C.A., Election Code, sec. 141.001 et seq.;
candidates for city office, V.T.C.A., Election Code, ch. 143.
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5.05 The Official Ballot
(a) Candidates Names on Ballots: The names of all candidates who have filed for office shall
be printed on the official ballots without party designation. The order on the ballot of the names
of the candidates for each office or position shall be determined by lot in a drawing to be held
under the supervision of the Town Secretary, or as otherwise required by State law.
(b) Early voting shall be governed by the Texas Election Code.
State law referenceÎ Ballot form, content and preparation, V.T.C.A., Election Code, ch. 52.
5.06 Canvassing and Election Results
Returns of every municipal election shall be delivered forthwith by the Election Judges to the
Town Secretary with a copy of the returns sent to the Mayor. The Council shall canvass the
returns, investigate the qualifications of the candidates and declare the official results of the
election in accordance with the Texas Election Code, including without limitation, any provision
that alters the requirements of this Charter. The results of every municipal election shall be
recorded in the minutes of the Council. The qualified person receiving a majority of the votes cast
for any office shall thereupon be declared elected by said Council. The decision of the Council, as
to qualifications of candidates, shall be conclusive and final for all purposes.
(Section 5.06 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 4, adopted
5/18/09 and May 11, 2013 election, effected by Ordinance 2013-15, prop. 13, adopted 5/21/13)
State law referenceÎ Canvassing elections, V.T.C.A., Election Code, ch. 67.
5.07 Notification of Town Officers
The Town Secretary, with the concurrence of the Council, shall promptly notify all persons
elected to office. A candidate who is elected in a regular or special Town election shall, after
taking the oath of office as prescribed herein, take office, and enter upon his duties at the next
Council meeting at which he is legally eligible to participate.
5.08 Oath of Office
Every officer of the Town, whether elected or appointed, shall take the oath of office as
prescribed by the Texas Constitution or other applicable law prior to assuming office.
State constitution referenceÎ Oath of office, Texas Constitution, art. 16, sec. 1.
Article VI. Recall
6.01A Scope of Recall
Any elected Town official shall be subject to recall and removal from office by the qualified
voters of the Town on any one or more of the following grounds: incompetency, misconduct,
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malfeasance in office or who knowingly or intentionally violates any express prohibition of the
Charter.
In this section:
(a) ÐIncompetencyÑ means (a) gross ignorance of official duties; or (b) gross
carelessness in the discharge of official duties; or (c) inability or unfitness to
promptly and properly discharge official duties because of a serious mental or
physical defect that did not exist at the time of the officerÓs election. The term is used
in a sense that the Town official has exceeded his or her authority by defying or
overruling lawful actions done by the Town Council.
(b) ÐOfficial misconductÑ means intentional unlawful behavior relating to official duties
by a Town Official entrusted with the administration of justice or the execution of the
law. The term includes an intentional or corrupt failure, refusal, or neglect of a Town
Official to perform a duty imposed on the officer by law.
(c) ÐMalfeasanceÑ means the doing of an act by a Town Official through ignorance,
inattention, or malice, which act the official had no legal right or authority to do, or
which act exceeds or abuses the officialÓs rightful authority or powers; or the failure
to do an act which the Town Official had a legal duty to do.
(Section 6.01 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 14,
adopted 5/18/09 and renumbered to 6.01A by Ordinance 2009-21 adopted 8/24/09. Introductory
paragraph amended by May 11, 2013 election, effected by Ordinance 2013-15, prop. 14, adopted
5/21/13)
EditorÓs noteÎ Former Section 6.01 pertaining to scope of recall and amended by May 9, 2009 election,
effected by Ordinance 2009-12, prop. 4, adopted 5/18/09 was repealed by May 11, 2013 election, effected
by Ordinance 2013-15, prop. 14, adopted 5/21/13.
6.02 Petition for Recall
Before the question of recall of such officer shall be submitted to the qualified voters of the
Town, a petition demanding such question to be so submitted shall first be filed with the person
performing the duties of the Town Secretary, which petition shall be signed by a number equal to
at least twenty percent (20%) of those who were qualified voters on the date of the last regular
municipal election as determined from the list of qualified voters maintained by the County
Election Administrator. All signatures must be in compliance with the requirements set out in the
Texas Election Code.
(Section 6.02 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 13,
adopted 5/18/09)
6.03 Form of Recall and Oath
The recall petition must be addressed to the Council, must distinctly and specifically point out the
ground or grounds upon which such petition for removal is predicated and, if there be more than
one (1) ground, such as for incompetency, misconduct, or malfeasance in office shall specifically
state each ground with such certainty as to give the Officer sought to be removed notice of the
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matters and things with which he is charged on each ground. The signature shall be verified by
oath in the following form:
STATE OF TEXAS §
COUNTY OF ________ §
I, ____________, being first duly sworn, on oath depose and say that I am one of the
signers of the above petition and that each signature appearing thereto was made in my
presence on the day and date it purports to have been made, and I solemnly swear that the
same is the genuine signature of the person whose name it purports to be.
Subscribed and sworn to before me this ______ day of ____________, ____.
__________________________
Notary Public, ____________ County, Texas
(Section 6.03 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 14,
adopted 5/18/09)
6.04 Procedure After Filing Petition for Recall
(a) Upon the filing of a petition, the Town Secretary shall review the petition to determine the
existence of the requisite number of signatures of qualified voters and whether the form of the
petition complies with the provisions of this Charter. The Town Attorney shall review the petition
for legal sufficiency.
(b) Within ten (10) business days after the petition is filed, the Town Secretary shall complete
a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is
defective and shall promptly send a copy of the certificate to the person(s) who filed the petition
by registered mail.
(c) A petition certified insufficient for lack of the required number of valid signatures or due to
inadequate form or content may be amended once if each of the following requirements are met:
(1) the person(s) who filed the petition with the Town Secretary files a notice of
intention to amend it with the Town Secretary within five (5) business days after
receiving the copy of this certificate via registered mail; and,
(2) such person(s) also file a supplementary petition upon additional papers within ten
(10) business days after receiving the copy of such certificate. Such supplementary
petition shall comply with the requirements of section 6.02. Within five (5) business
days after the supplementary petition is filed, the Town Secretary shall complete a
certificate as to the sufficiency of the petition as amended and promptly send a copy
of such certificate to the person(s) who filed the petition for recall via registered mail
as in the case of an original petition.
(d) If a petition or amended petition is certified sufficient and in compliance with the terms of
this Article of the Charter, the Town Secretary shall present this certificate to the Council at its
next regular Council meeting or special meeting called for this purpose and immediately shall
notify the Councilmember whose removal is sought and provide him with a copy of his petition
by registered or certified mail.
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(e) No signature to a recall petition shall remain effective or be counted if it was placed upon
the petition more than forty-five (45) days prior to filing of the recall petition with the Town
Secretary.
(f) If the Councilmember whose removal is sought does not resign within seven (7) days after
the certified petition is presented to the Council, the Council, at its next regular meeting or at a
specially called meeting, shall order a recall election. The date selected for the recall election
shall be the earliest available date in accordance with the Texas Election Code for which all legal
requirements to verify the petition and call the election may be met.
(Subsection (g) deleted by May 9, 2009 election, effected by Ordinance 2009-12, prop. 4, adopted
5/18/09 and subsection (f) amended by May 9, 2009 election, effected by 2009-12, prop. 13,
adopted 5/18/09)
6.05 Public Notice
The Council shall make or cause to be made publication or notice and provide for holding such
election for the successor Councilmember, and the same shall be conducted, and the result thereof
declared in all respects as other Town elections.
6.06 Official Ballot
Any Officer so elected shall hold office only during the unexpired term of his predecessor. Any
person sought to be removed may be a candidate to succeed himself and, unless he requests
otherwise in writing, the Town Secretary shall place his name on the official ballot without
nomination. The names of other candidates for such position shall be placed on the official ballot
in the same manner as provided in Article V of this Charter. At such election, the candidate
receiving a majority of all votes cast for such office, according to the rules regulating the election
of Councilmembers as set forth in this Charter, shall be declared elected. At such election, if
some person other than the incumbent receives a majority of all votes cast for such office, the
incumbent shall thereupon be deemed removed from the office upon the qualification of his
successor. In case the party who receives a majority of all votes cast at said election should fail to
qualify within the (10) days after receiving notification of his election, the office shall then
become vacant. If the incumbent receives a majority of all votes cast at such election, he shall
continue in office and shall not be subject to any other recall for any grounds existing prior to said
election. In the event that a runoff election is required, the procedure set forth shall be followed.
(Section 6.06 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 4, adopted
5/18/09)
6.07 Recall Petition Prohibited
No recall petition shall be filed against any Officer of the Town within six (6) months after his
election, nor within six (6) months after an election for such OfficerÓs recall\[.\]
6.08 Refusal of Recall Petition
In case all of the requirements of this Charter shall have been met and the Council shall fail or
refuse to receive the recall petition, or order such recall election, or discharge any other duties
imposed upon said Council by the provisions of this Charter with reference to such recall, then
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the County Judge of Denton County, Texas, shall discharge any of such duties herein provided to
be discharged by the person performing the duties of Town Secretary, or by the Council.
Article VII. Legislation By The People, Initiative and Referendum
7.01 Initiative Generally
The people of the Town reserve the power of direct legislation by initiative, and in the exercise of
such power, may propose any ordinance not in conflict with this Charter, the State Constitution or
the State laws, except an ordinance appropriating money or authorizing the levy of taxes or an
ordinance repealing an ordinance appropriating money or levying taxes.
7.02 Petition
Qualified voters of the Town may initiate legislation by submitting a petition addressed to the
Council which requests the submission of a proposed ordinance or resolution to a vote of the
qualified voters of the Town. Said petition must be signed by qualified voters of the Town equal
in number to twenty (20) percent of the number of qualified voters at the last regular municipal
election of the Town, and each copy of the petition shall have attached to it a copy of the
proposed legislation. The petition shall be signed in the same manner as recall petitions are
signed, as provided in Section 6.02 of this Charter, and shall be verified by oath in the manner
and form provided for recall petitions in Section 6.03 of this Charter. The petition may consist of
one or more copies as permitted for recall petitions in Section 6.04 of this Charter. Such petitions
shall be filed with the person performing the duties of Town Secretary, who after verification of
the petition as provided in Section 6.04 of this Charter, shall present the petition and proposed
ordinance or resolution to the Council at its next regular or special meeting called for this
purpose. Upon presentation to the Council of the petition and draft of the proposal, ordinance or
resolution, it shall become the duty of the Council, within the twenty (20) days from the date of
presentation to determine whether the proposed ordinance complies with Section 7.01 and to
either vote to adopt such ordinance or resolution without alteration as to meaning or effect or to
call a special election. A special election shall be held on the earliest available date in accordance
with the Texas Election Code for which all legal requirements to verify the petition and call the
election may be met. At the election, the qualified voters of the Town shall be allowed the
opportunity to vote on the question of adopting or rejecting the proposed legislation. However, if
any other municipal election is to be held within sixty (60) days after the filing of the petition, the
question may be voted on at such election.
(Section 7.02 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 13,
adopted 5/18/09)
7.03 Referendum
Qualified voters of the Town may require that any ordinance or resolution passed by the Council
be submitted to the voters of the Town for approval or disapproval by submitting a petition for
this purpose within forty-five (45) days after the ordinance or resolution becomes effective. Said
petition shall be addressed, prepared, signed and verified as required for petitions initiating
legislation as provided in Section 7.02 of this Charter and shall be submitted to the person
performing the duties of Town Secretary. The Town Secretary shall present the petition to the
Council at its next regular or special meeting called for this purpose. Upon presentation of the
petition to the Council, it shall become the duty of the Council, within twenty (20) days from the
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date of presentation to reconsider such ordinance or resolution. If Council does not repeal the
ordinance or resolution either in its entirety or as specified in the petition, Council shall call a
special election. Pending the holding of such election, such ordinance or resolution shall be
suspended and shall not later take effect unless a majority of the qualified voters voting thereon at
such election shall vote in favor thereon. A special election shall be held on the earliest available
date in accordance with the Texas Election Code for which all legal requirements to verify the
petition and call the election may be met. At the election, the qualified voters of the Town shall
be allowed the opportunity to vote on the question of approving or disapproving the ordinance or
resolution. However, if any other municipal election is to be held within sixty (60) days after the
filing of the petition, the question may be voted on at such election.
(Section 7.03 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 13,
adopted 5/18/09)
7.04 Voluntary Submission of Legislation by the Council
The Council, upon its own motion and by a majority vote of its members, may submit to popular
vote at any election for adoption or rejection any proposed ordinance or resolution or measure, or
may submit for repeal any existing ordinance, resolution or measure, in the same manner and
with the same force and effect as provided in this Article for submission on petition, and may in
its discretion call a special election for this purpose.
7.05 Form of Ballots
The ballots used when voting upon such proposed and referred ordinances, resolutions or
measures, shall set forth their nature sufficiently to identify them and shall also set forth upon
separate lines the words: ÐFOR the ORDINANCE,Ñ and ÐAGAINST the ORDINANCE,Ñ or
ÐFOR the RESOLUTION,Ñ and ÐAGAINST the RESOLUTIONÑ.
7.06 Publication of Proposed and Referred Ordinances
The person performing the duties of Town Secretary shall publish the proposed or referred
ordinance or resolution in accordance with State law, and shall give such other notices and do
such other things relative to such election as are required in general municipal elections or by the
ordinance or resolution calling said election.
7.07 Adoption of Ordinances
If a majority of the qualified voters voting on any proposed ordinance or resolution or measure
shall vote in favor thereof, it shall thereupon, or at any time fixed therein, become effective as a
law or as a mandatory order of the Council.
7.08 Inconsistent Ordinances
If the provisions of two or more proposed ordinances or resolutions approved at the same election
are inconsistent, the ordinance or resolution receiving the highest number of votes shall prevail.
7.09 Ordinances Passed by Popular Vote: Repeal or Amendment
No ordinance or resolution which may have been passed by the Council upon a petition or
adopted by popular vote under the provisions of this Article shall be repealed or amended except
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by the Council in response to a referendum petition or by submission as provided in Section 7.04
of this Charter.
7.10 Further Regulations by Council
The Council may pass ordinances or resolutions providing other and further regulations for
carrying out the provisions of this Article not inconsistent herewith.
*
Article VIII. Municipal Planning and Zoning
8.01 State Law Adopted - Zoning
The Council shall have the power and authority to zone the Town and to pass all necessary
ordinances, rules and regulations governing same, under and by virtue of the authority given to
cities and the legislative bodies thereof by the Texas Local Government Code, together with all
amendments which may hereafter be made thereto, and all other applicable law.
State law referenceÎ Municipal zoning authority, V.T.C.A., Local Government Code, ch. 211.
8.02 State Law Adopted - Subdivision Regulation
The Council shall have the power and authority to regulate the layout, development and platting
of the subdivisions of land within the Town and its extraterritorial jurisdiction and to pass all
necessary ordinances, rules and regulations governing same, under and by virtue of the authority
given to cities and the legislative bodies thereof by the Texas Local Government Code, together
with all amendments which may hereafter be made thereto, and all other applicable law.
State law referenceÎ Regulation of subdivision and property development, V.T.C.A., Local Government
Code, ch. 212.
8.03 The Planning and Zoning Commission
There shall be established a Planning and Zoning Commission which shall consist of seven (7)
citizens from the Town. The members of said Commission shall be appointed by the Council for
a term of two (2) years. Four (4) members of the Planning and Zoning Commission shall be so
appointed each odd-numbered year and three (3) members shall be so appointed each even-
numbered year. The Council shall appoint a chairman from among the CommissionÓs
membership. Vacancies and unexpired terms shall be filled by the Council for the remainder of
the term. A majority of the members shall constitute a quorum.
A member of the Commission may be removed by a majority vote of the Council. If a vacancy
occurs upon the Planning and Zoning Commission, by either resignation or otherwise, the
Council shall appoint a commissioner to fill such a vacancy for the unexpired term. The
*
State law referenceÎ Planning and zoning generally, V.T.C.A., Local Government Code, chs. 211, 212,
371.
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Commission shall keep minutes of its proceedings which shall be a public record. No member of
the Planning and Zoning Commission shall hold another salaried or elected Town office.
State law referenceÎ Authority of municipality to establish planning and zoning commission, V.T.C.A.,
Local Government Code, sec. 211.007.
8.04 Purpose, Objective, Power and Duties
The Planning and Zoning Commission is created to act as an advisory board to the Council in
matters relating to the physical development of the Town. The Commission is expected to advise
the Council on matters relating to the zoning and planning of land and related public
improvements, civic improvements, opening, widening, and changing of streets, routing of public
utilities, development of regulatory ordinances, annexation proposals/plans and such other
matters related to Town improvements as the Commission and Council may deem beneficial to
the Town. In addition to the other duties and authority that the Commission may have under state
law or under Town ordinance, the specifically delegated duties of the Commission shall be as
follows:
(a) Recommend a comprehensive master plan for the physical development of the Town
together with its related components;
(b) Conduct periodic reviews of the TownÓs comprehensive master plan and its
component elements to recommend modifications, changes, revisions or updates to
ensure that the comprehensive master plan adequately and accurately reflects the
policy, goals and objectives of the Town;
(c) Hold required public hearings on any proposed changes to the zoning plan, map, and
ordinances of the Town for the purpose of making recommendations to the Council
on the reasonableness of these proposals;
(d) Recommend any change to the zoning plan, map or ordinances of the Town where
the Commission deems it necessary in the furtherance of the TownÓs comprehensive
master plan;
(e) Conduct appropriate hearings on any proposals for the subdivision/platting of land
within the corporate limits of the Town and its extraterritorial jurisdiction pursuant to
the provisions of State law and requirements of the TownÓs subdivision regulation
ordinances. The Commission shall take action on those proposals as it deems
appropriate and conforming to the requirements of the TownÓs comprehensive master
plan. The Commission shall ensure that proposals for subdivision or development of
land are consistent with the TownÓs plan components as an element of the review
process. As an element of this Charter, the Town has determined that it is a
reasonable legislative enactment to require subdivision plats to conform to the
TownÓs comprehensive master plan and failure to achieve conformance shall be a
legitimate ground for the denial of a development proposal; and,
(f) The Commission shall hold such hearings and meetings as are mandated by the
Council on any matter determined appropriate by Council to secure information for
the purpose of making recommendations to the Council.
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8.05 Board of Adjustment
The Council shall appoint a Board of Adjustment which shall have all of the powers and authority
as set forth by State law, as amended, and other applicable laws, and such additional powers and
privileges as may be duly assigned to it by the ordinances of the Town.
State law referenceÎ Establishment and authority of zoning board of adjustment, V.T.C.A., Local
Government Code, sec. 211.008 et seq.
8.06 Comprehensive Master Plan
No later than two (2) years after the adoption of this Charter, the Council shall adopt a
comprehensive master plan projecting for at least five (5) years the growth and physical
development of the Town pursuant to the provisions of State law. The Council shall establish and
adopt by ordinance a procedure for periodic review and/or revision of the comprehensive master
plan. The Town may adopt the comprehensive master plan by resolution or by ordinance
following a public hearing upon which public input is received. The purpose of the
comprehensive master plan is to guide the growth and development of the Town and to establish
the standards that the Town will seek to attain through the adoption of its development
regulations to include its zoning regulations, subdivision regulations, building and construction
regulations, landscaping regulations, signage regulations and other related police power
enactments. The comprehensive master plan shall identify the goals and objectives of the
community for growth and development and shall serve as the basis of the TownÓs capital
improvement program for the development and construction of public works infrastructure.
*
Article IX. Budget, Finance and Taxation
9.01 Fiscal Year
The fiscal year of the Town shall begin on the first (1st) day of October and end on the last (30th)
day of September of each calendar year. Such fiscal year shall also constitute the budget and
accounting year.
State law referencesÎ General fiscal power to establish fiscal year, V.T.C.A., Local Government Code, sec.
101.022; city fiscal year, V.T.C.A., Tax Code, sec. 1.05.
*
State law referencesÎ General financial provisions applicable to home-rule municipality, V.T.C.A., Local
Government Code, sec. 101.021 et seq.; municipal budget, V.T.C.A., Local Government Code, ch. 102;
purchasing and contracting authority of municipality, V.T.C.A., Local Government Code, chs. 252, 271;
Public Security Procedures Act, V.T.C.A., Government Code, ch. 1201; municipal bonds, V.T.C.A.,
Government Code, ch. 1331; Texas Property Tax Code supersedes municipal charter, V.T.C.A., Tax Code,
sec. 1.02; local taxation, V.T.C.A., Tax Code, ch. 301 et seq.
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9.02 Submission
The Town Manager shall submit to the Council a proposed budget and accompanying message
each year in accordance with the requirements of State law.
(Section 9.02 added and former Section 9.02 renumbered to 9.04 by May 9, 2009 election,
effected by Ordinance 2009-12, prop. 19, adopted 5/18/09; amended by November 3, 2015
election, effected by Ordinance 2015-41 adopted 11/13/15)
State law referenceÎ Annual budget required, V.T.C.A., Local Government Code, sec. 102.002.
9.03 Budget Message
The Town ManagerÓs message shall explain the budget both in fiscal terms and in terms of the
work programs, linking those programs to organizational goals and community priorities. It shall
outline the proposed financial policies of the Town for the ensuing fiscal year and the impact of
those policies on future years. It shall describe the important features of the budget, indicate any
major changes from the current year in financial policies, expenditures, and revenues together
with the reasons for such changes, summarize the TownÓs debt position, including factors
affecting the ability to raise resources through debt issues, and include such other material as the
Town Manager deems desirable.
(Section 9.03 repealed and replaced by May 9, 2009 election, effected by Ordinance 2009-12,
prop. 19, adopted 5/18/09)
9.04 Budget
The budget shall provide a complete financial plan of all Town funds and activities for the
ensuing fiscal year and, except as required by law or this charter, shall be in such form as the
Town Manager deems desirable or the Council may require for effective management and an
understanding of the relationship between the budget and the TownÓs strategic goals. The budget
shall begin with a clear general summary of its contents; shall show in detail all estimated income
citing the source or basis of the estimates, indicating the proposed property tax levy, and all
proposed expenditures, including debt service, for the ensuing fiscal year; and shall be so
arranged as to show comparative figures for actual and estimated income and expenditures of the
current fiscal year and actual income and expenditures of the three prior fiscal years and the
projected budgets for the next three fiscal years; the total of the proposed expenditures shall not
exceed the total estimated income and the balance of available funds. The budget shall indicate in
separate sections:
(a) The proposed goals and expenditures for current operations during the ensuing fiscal
year, detailed for each fund by department or by other organization unit, and
program, purpose or activity, method of financing such expenditures, and methods to
measure outcomes and performance related to the goals;
(b) Proposed longer term goals and capital expenditures during the ensuing fiscal year,
detailed for each fund by department or by other organization unit when practicable,
the proposed method of financing each such capital expenditure, and methods to
measure outcomes and performance related to the goals; and
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(c) The proposed goals, anticipated income and expense, profit and loss for the ensuing
year for each utility or other enterprise fund or internal service fund operated by the
Town, and methods to measure outcomes and performance related to the goals. For
any fund, the total of proposed expenditures shall not exceed the total of estimated
income plus carried forward fund balance exclusive of reserves.
(Section 9.04 repealed and replaced by May 9, 2009 election, effected by Ordinance 2009-12,
prop. 19, adopted 5/18/09; subsections (1)Î(3) renumbered to (a)Î(c) by Ordinance 2015-43, sec.
2.02, adopted 12/8/15)
State law referenceÎ Itemized budget and contents, V.T.C.A., Local Government Code, sec. 102.003.
9.05 Council Action on Budget
(a) Budget Preparation. The Council shall provide to the Town Manager goals for the next
fiscal period, by the end of January of the current fiscal year.
(b) Notice and Hearing. The Council shall review the proposed budget and revise it as deemed
appropriate prior to general circulation for public hearing. The Council shall publish the general
summary of the budget and a notice stating:
(1) The times and places where copies of the message and budget are available for
inspection by the public, and
(2) The time and place, not less than two weeks after such publication, for public
hearings on the budget.
(c) Amendment Before Adoption. After the public hearing, the Council may adopt the budget
with or without amendment. In amending the budget, it may add or increase programs or amounts
and may delete or decrease any programs or amounts, except expenditures required by law or for
debt service or for an estimated cash deficit, provided that no amendment to the budget shall
increase the authorized expenditures to an amount greater than total estimated income plus the
balance of available funds.
(d) Adoption. The Council shall adopt the budget by ordinance not later than the 30th day of
September. Adoption of the budget shall constitute appropriations of the amount specified as
expenditures from the fund indicated.
(e) Failure to Adopt a Budget. If the Council fails to adopt the budget by the beginning of the
fiscal year, the amounts appropriated for the current fiscal year shall be deemed adopted for the
ensuing fiscal year until the Council adopts a budget for the ensuing fiscal year.
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(f) ÐPublishÑ defined. As used in this article, the term ÐpublishÑ means to print in the
contemporary means of information sharing, which includes but is not limited to, one or more
newspapers of general circulation in the Town, and, if available, in a web site.
(Section 9.05 repealed and replaced by May 9, 2009 election, effected by Ordinance 2009-12,
prop. 19, adopted 5/18/09)
State law referencesÎ Public hearing on proposed budget, V.T.C.A., Local Government Code, sec.
102.006; special notice by publication for budget hearing, V.T.C.A., Local Government Code, sec.
102.0065; adoption of budget, V.T.C.A., Local Government Code, sec. 102.007.
9.06 Amendment after Adoption
(a) Supplemental Appropriations. If during or before the fiscal year the Town Manager
certifies that there are available for appropriation revenues in excess of those estimated in the
budget, the Council by ordinance may make supplemental appropriations for the year up to the
amount of such excess\[.\]
(b) Emergency Appropriations. To address a public emergency affecting life, health, property
or the public peace, the Council may make emergency appropriations. Such appropriations may
be made by emergency ordinance. To the extent that there are no available unappropriated
revenues or a sufficient fund balance to meet such appropriations, the Council may by such
emergency ordinance authorize the issuance of emergency notes, which may be renewed from
time to time, but the emergency notes and renewals of any fiscal year shall be paid or refinanced
as long term debt not later than the last day of the fiscal year next succeeding that in which the
emergency appropriation was made.
(c) Reduction of Appropriations. If at any time during the fiscal year it appears probable to the
Town Manager that the revenues or fund balances available will be insufficient to finance the
expenditures for which appropriations have been authorized, the Town Manager shall report to
the Council without delay, indicating the estimated amount of the deficit, any remedial action
taken by the Town Manager and recommendations as to any other steps to be taken. The Council
shall then take such further action as it deems necessary to prevent or reduce any deficit and for
that purpose it may by ordinance reduce or eliminate one or more appropriations.
(d) Transfer of Appropriations. At any time during or before the fiscal year, the Council may
by resolution transfer part or all of the unencumbered appropriation balance from one department,
fund, service, strategy or organizational unit to the appropriation for other departments or
organizational units or a new appropriation. The Town Manager may transfer funds among
programs within a department, fund, service, strategy or organizational unit and shall report such
transfers to the Council in writing in a timely manner.
(e) Limitation. No appropriation for debt service may be reduced or transferred, except to the
extent that the debt is refinanced and less debt service is required, and no appropriation may be
reduced below any amount required by law to be appropriated or by more than the amount of the
unencumbered balance thereof.
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(f) Effective Date. The supplemental and emergency appropriations and reduction or transfer
of appropriations authorized by this section may be made effective immediately upon adoption.
(Section 9.06 repealed and replaced by May 9, 2009 election, effected by Ordinance 2009-12,
prop. 19, adopted 5/18/09)
State law referencesÎ Levy of taxes and expenditure of funds under budget, emergency expenditure,
V.T.C.A., Local Government Code, sec. 102.009; changes in budget for municipal purposes, V.T.C.A.,
Local Government Code, sec. 102.010.
9.07 Administration and Fiduciary Oversight of the Budget
The Council shall provide by ordinance the procedures for administration and fiduciary oversight
of the budget.
(Section 9.07 repealed and replaced by May 9, 2009 election, effected by Ordinance 2009-12,
prop. 19, adopted 5/18/09)
9.08 Capital Program
(a) Submission to Council. The Town Manager shall prepare and submit to the Council a five
(5) year capital program before the first day of August of each year. The capital program shall be
revised and extended each year with regard to capital improvements still pending or in process of
construction or acquisition.
(b) Contents. The capital program shall include:
(1) A clear general summary of its contents;
(2) Identification of the long-term goals of the community as identified by the Council;
(3) A list of all capital improvements (facilities and property) and other capital
expenditures which are proposed to be undertaken during the five (5) fiscal years
next ensuing, with appropriate supporting information as to the necessity for each;
(4) Cost estimates and recommended time schedules for each improvement or other
capital expenditure;
(5) Method of financing upon which each capital expenditure is to be reliant;
(6) The estimated annual cost of operating and maintaining the facilities to be
constructed or acquired;
(7) A commentary on how the plan addresses the sustainability of the community and the
region of which it is a part; and
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(8) Methods to measure outcomes and performance of the capital plan related to the
long-term goals of the community.
(Section 9.08 added and former Section 9.08 renumbered to 9.10 by May 9, 2009 election,
effected by Ordinance 2009-12, prop. 19, adopted 5/18/09. Subsection (a) amended by May 11,
2013 election, effected by Ordinance 2013-15, prop. 15, adopted 5/21/13)
State law referenceÎ Financing capital improvements required by new development, V.T.C.A., Local
Government Code, ch. 395.
9.09 Audit and Examination of Town Books and Accounts
The Council shall cause an independent annual audit to be made of the books and accounts of
every department of the Town and may provide for more frequent audits as it deems necessary.
Such audit shall be made by a Certified Public Accountant who shall be selected by the Council
and who shall have no interest, direct or indirect, in the financial affairs of the Town government
or in any of its officers. The Council may designate such accountant or firm annually or for a
period not exceeding two (2) years, provided that the designation for any particular year shall be
made no later than thirty (30) days after the beginning of such fiscal year. Nothing herein shall
prevent the Council from redesignating the same accountant or firm which has previously been
designated to prepare an audit. No Certified Public Accountant shall serve more than six (6)
consecutive years.
(Section 9.09 repealed and Section 3.20 renumbered to become the new Section 9.09 by May 9,
2009 election, effected by Ordinance 2009-12, prop. 19, adopted 5/18/09)
State law referenceÎ Audit of municipal finances, V.T.C.A., Local Government Code, ch. 103.
9.10 Defect Shall Not Invalidate Tax Levy
Errors or defects in the form or preparation of the budget or the failure to perform any procedural
requirements shall not nullify the tax levy or the tax rate.
(Former Section 9.08 renumbered to 9.10 by May 9, 2009 election, effected by Ordinance 2009-
12, prop. 19, adopted 5/18/09)
9.11 Public Records
Copies of the approved operation budget, capital facilities and property budget and supporting
papers shall be filed with the Town Secretary and shall be public records available to the public
for inspection upon request\[.\]
(Former Section 9.10 renumbered to 9.11 by May 9, 2009 election, effected by Ordinance 2009-
12, prop. 19, adopted 5/18/09)
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9.12 Specified Reserve Fund
Specified reserve funds may be created for specific purposes, and may be used only for such
purposes.
(Former Section 9.14 renumbered to 9.12 by May 9, 2009 election, effected by Ordinance 2009-
12, prop. 19, adopted 5/18/09)
9.13 Changes in Budget
The Council may make changes in the budget for any municipal purpose or as otherwise
permitted by law.
(Former Section 9.12 renumbered to 9.13 by May 9, 2009 election, effected by Ordinance 2009-
12, prop. 19, adopted 5/18/09)
State law referenceÎ Changes in budget for municipal purposes, V.T.C.A., Local Government Code, sec.
102.010.
9.14 Authority to Incur Indebtedness
The Council shall have the power to incur, create, refund and refinance indebtedness and borrow
money for public purposes, to issue special or general obligation bonds, revenue bonds, funding
and refunding bonds, time warrants, certificates of obligation and other evidences of indebtedness
and to secure and pay the same in the manner and in accordance with the procedures provided
and required by State law.
(Former Section 9.18 renumbered to 9.14 by May 9, 2009 election, effected by Ordinance 2009-
12, prop. 19, adopted 5/18/09)
State law referenceÎ Municipal bonds, V.T.C.A., Government Code, ch. 1331.
9.15 Bonds Incontestable
All bonds of the Town having been issued and sold and having been delivered to the purchaser
thereof, shall thereafter be incontestable and all bonds issued to refund in exchange for
outstanding bonds previously issued shall and after said exchange be incontestable.
(Former Section 9.19 renumbered to 9.15 by May 9, 2009 election, effected by Ordinance 2009-
12, prop. 19, adopted 5/18/09)
9.16 Borrowing in Anticipation of Property Tax
In any budget year, the Council may, by resolution, authorize the borrowing of money in
anticipation of the collection of the property tax for the same year whether levied or to be levied.
Notes may be issued for periods not exceeding one (1) year and must be retired by the end of the
budget year in which issued.
(Former Section 9.20 renumbered to 9.16 by May 9, 2009 election, effected by Ordinance 2009-
12, prop. 19, adopted 5/18/09)
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9.17 Use of Bond Funds
Any and all bond funds approved by a vote of the qualified voter\[s\] of the Town will be expended
only for the purposes stated in the bond issue and as otherwise authorized by law.
(Former Section 9.21 renumbered to 9.17 amended by May 9, 2009 election, effected by
Ordinance 2009-12, prop. 19, adopted 5/18/09)
9.18 Power to Tax
The Council shall have the power to levy, assess and collect taxes within the jurisdiction of the
Town for any municipal purpose.
(Former Section 9.22 renumbered to 9.18 by May 9, 2009 election, effected by Ordinance 2009-
12, prop. 19, adopted 5/18/09)
State law referencesÎ Local taxation, V.T.C.A., Tax Code, ch. 301 et seq.; property taxes authorized,
V.T.C.A., Tax Code, sec. 302.001; occupation taxes, V.T.C.A., Tax Code, sec. 302.101; tax collection
powers, V.T.C.A, Tax Code, sec. 302.102.
9.19 Tax Rate
The tax rate shall be calculated, publicized and adopted in accordance with State law.
(Former Section 9.23 renumbered to 9.19 by May 9, 2009 election, effected by Ordinance 2009-
12, prop. 19, adopted 5/18/09)
9.20 Other Rules and Regulations
Except as otherwise provided by law or this Charter, the Council shall have the power to provide
by ordinance or resolution such rules, regulations and mode of procedure to enforce and facilitate
the collection by and payment to the Tax Assessor and Collector of all taxes due the Town as it
may deem expedient, and may provide such penalty and interest as prescribed by State law for the
failure to pay such taxes.
(Former Section 9.24 renumbered to 9.20 by May 9, 2009 election, effected by Ordinance 2009-
12, prop. 19, adopted 5/18/09)
*
Article X. Franchises and Public Utilities
10.01 Inalienability of Control of Public Property
The right of control and use of the public streets, highways, sidewalks, bridges, alleys, parks,
public squares, and all public places and real property of the Town is hereby declared to be
*
State law referencesÎ Franchise to use streets in municipality, V.T.C.A., Transportation Code, sec.
311.071 et seq.; authority to grant franchise to use or occupy public grounds, V.T.C.A., Local Government
Code, sec. 282.003; municipal home-rule powers to regulate public utilities and franchises using streets,
etc., V.A.C.S., art. 1175; municipal utilities, V.T.C.A., Local Government Code, sec. 552.001 et seq.
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inalienable by the Town, except by ordinances not in conflict with the provisions of this Charter.
No act or omission by the Council, an Officer or Agent of the Town, or any third party shall be
construed to grant, renew, extend, or amend, expressly or by estoppel or implication, any right,
franchise, or easement affecting such public streets, highways, sidewalks, bridges, alleys, parks,
public squares, and all public places and real property of the Town, except as provided in this
Charter.
10.02 Powers of the Town
The Town shall have the power, right and authority, to buy, construct, lease, maintain, operate
and regulate public utilities, and to manufacture, distribute and sell the output of such utilitiesÓ
operations. Additionally, the Town shall have all further rights, authorities, and powers as may
now, or hereafter, be granted under the Constitution and laws of the State of Texas.
10.03 Power to Grant Franchise
The Council shall have the power by ordinance, after public hearing, to grant, renew, and extend
all franchises of every character operating within the Town and to amend the same, provided,
however, that no franchise shall be granted for an indeterminate term. No grant or franchise to
construct, maintain, or operate and no renewal or extension of such grant shall be exclusive. All
required publication costs shall be paid by the franchisee.
(Section 10.03 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 24,
adopted 5/18/09)
10.04 Franchise Value Not to be Allowed
In fixing reasonable rates and charges for utility service within the Town and in determining the
just compensation to be paid by the Town for the public utility property which the Town may
acquire by condemnation or otherwise, nothing shall be included as the value of any franchise
granted by the Town under this Charter.
10.05 Right of Regulation
All grants, removals, extensions, or amendments of public utility franchises approved after the
effective date of this Charter, whether or not it be specifically provided in the ordinance
approving a franchise or in a franchise agreement, shall be subject to right and power of the
Council:
(a) To repeal the franchise ordinance at any time upon the failure of the grantee to
comply with any provision of the franchise ordinance, the Charter of the Town, an
applicable statute of the State of Texas, or the rules of any applicable governing
body;
(b) To require proper and adequate extension of plant and service, and the maintenance
of the plant and fixtures at the highest reasonable standard of efficiency;
(c) To establish reasonable standards of service and quality of products and prevent
unjust discrimination in service or rates;
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(d) At any time, to examine and audit the accounts and other records of any such utility,
and to require annual, and other reports, including reports on operations within the
Town;
(e) To require at any time compensation and rental for use of public streets, sidewalks,
highways, bridges, alleys, and public places;
(f) To require the franchisee to restore at the franchiseeÓs expense, all public or private
property to a condition equally as good as or better than before disturbed by
construction, repair or removal. The franchise holder in opening and refilling of all
earth openings shall repair the pavement and do all other work necessary to complete
restoration of streets, sidewalks or grounds to a condition equally as good or better as
when disturbed;
(g) To require every franchisee to furnish within a reasonable time to the Town, without
cost to the Town, a general map, with updates outlining the location, character, size,
length, and terminals of all facilities of such franchisee in, over, and under ground of
property in the Town and to provide detailed information on request in a format as
specified by the Town;
(h) To impose other regulations, requirements, and conditions as may be deemed
necessary to promote the health, safety, welfare, or accommodation of the public and
to insure safe, efficient and continuous service to the public;
(i) To require such compensation and rental as may be permitted by the laws of the State
of Texas; and,
(j) To require the franchisee to remove, at its sole expense, infrastructure that has not
been used for a period of six months or to require a franchisee whose franchise has
terminated for any reason to remove, at its sole expense, such infrastructure as the
Council may in its discretion require.
10.06 Consent of Property Owner
The consent of abutting and adjacent property owners shall not be required for the construction,
extension, maintenance or operation of any public utility; but, nothing in this Charter, or in any
franchise granted hereunder, shall ever be construed to deprive any such property owner of any
right of action for damage or injury to this property as now or hereafter provided by law.
10.07 Extensions
All extensions of public utilities within the town limits shall become a part of the aggregate
property of the public utility, shall be operated as such, and shall be subject to all the obligations
and reserved rights contained in this Charter and in any franchise grant made to such public
utility. The right to use and maintain any extensions shall terminate with the termination of the
original franchise grant, and shall be terminable as provided in Section 10.04 of this Charter. In
case of an extension of a public utility operated under a franchise hereafter granted, such right
shall be terminable at the same time and under the same conditions as the original grant.
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10.08 Other Conditions
All franchises heretofore granted are recognized as contracts between the Town and the
franchisee, and the contractual rights, as contained in any such franchise shall not be impaired by
the provisions of this Charter, except that the power of the Town to exercise the right of eminent
domain in the acquisition of utility property is in all things reserved, and except the general power
of the Town, to regulate the rates and services of a grantee, which shall include the right to
require proper and adequate extension of plant and service and the maintenance of the franchise
hereafter granted shall be held subject to all the terms and conditions contained in the various
sections of this article whether or not such terms are specifically mentioned in the franchise.
Nothing in this Charter shall operate to limit in any way, as specifically stated, the discretion of
the Council, or voters of the Town, in imposing terms and conditions as may be reasonable in
connection with any franchise granted.
10.09 Accounts of Municipally Owned Utilities
Accounts shall be kept for each public utility owned or operated by the Town, in such manner as
to show the true and complete financial results of such ownership and operation, including all
assets and all liabilities, appropriately subdivided by classes, depreciation reserve, other reserves
and surplus; also revenues, operating expenses including depreciation interest payments, rental
and other disposition of annual income. The accounts shall show actual capital cost to the Town
of each public utility owned, also the cost of all extensions, additions and improvements and the
source of funds expended for such capital purposes. They shall show as nearly as possible the
cost of any service to or rendered by any such utility to any Town department. The Council shall
cause an annual report to be made by a Certified Public Accountant and shall publish such report,
showing the financial results of such Town ownership and operation, giving the information
specified in this section and such other data as the Council shall deem expedient.
10.10 Sales of Electricity, Water and Sewer Service
(a) The Council shall have the right, power and authority to sell and distribute electricity and
water, and to sell and provide for sewer services, and any other utilities, to any person, firm or
corporation inside or outside the limits of the Town, and to permit them to connect with said
system under contract with the Town, under such terms and conditions as may appear to be for
the best interest of the Town.
(b) The Council shall have the right, power and authority to prescribe the kind of materials
used inside or outside the limits of the Town in the construction of electric, water and sewer
utilities, where it furnishes the service, and to inspect the same and require them to keep in good
order and condition at all times and to make such rules and regulations as shall be necessary and
proper, and prescribe penalties for noncompliance with same.
10.11 Regulation of Rates and Service
The Council shall have the absolute right, authority and power after due notice and hearing, to
regulate by ordinance, the rates and services of every franchise operating in the Town; and shall
have the power to employ, at the expense of the franchisee, expert assistance and advice in
determining a reasonable rate and equitable profit to the franchisee. The Council shall also have
the right, authority, and power to require at any time or times, detailed reports and financial
statements on the operations of any franchise, which reports and statements shall be in such form,
and contain such information, as the Council shall prescribe.
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Article XI. General Provisions
11.01 Charter Authority
This Charter shall not be construed as a mere grant of enumerated powers, but shall be construed
as a general grant of power, and not as a limitation of power on the government of the Town.
Except where expressly prohibited by this Charter, each and every power under the Constitution
of Texas, which it would be competent for the people of the Town to grant expressly to the Town,
shall be construed to be granted to the Town by this Charter.
11.02 Public Records
Access to the records of every office, department or agency of the Town shall be subject to public
inspection as provided by law. This section shall not be construed to require any action or
measure beyond that required by state law.
State law referencesÎ Public access to records, V.T.C.A., Local Government Code, sec. 201.009; public
information, V.T.C.A., Government Code, ch. 552.
11.03 Property Not Subject to Execution
No property owned or held by the Town shall be subject to any execution of any kind or nature.
No lien of any kind or character can be created, and none shall ever exist or be established, on or
against the public buildings, property, public halls, parks, or public works or any other asset of
the Town.
State law referenceÎ Authority relating to property, V.T.C.A., Local Government Code, sec. 51.076.
11.04 Town Not Required to Give Security or Execute Bond
It shall not be necessary in any action, suit or proceeding in which the Town is a party, for any
bond, undertaking, or security to be demanded or executed by or on behalf of the Town in any of
the State courts, but in all such actions, suits, appeals or proceedings, same shall be conducted in
the same manner as if such bond, undertaking or security had been given as required by law.
State law referenceÎ Cities exempt from security for court costs, V.T.C.A., Civil Practice and Remedies
Code, sec. 6.002.
11.05 Notice of Injury or Damage
(a) Before the Town shall be liable for any claim for damages for the death or personal injuries
of any person or for damages to property, the complainant or his authorized representative shall
notify the Town Secretary in accordance with this Section. The notification shall be in writing
and shall state specifically how, when and where the death, injury or damage occurred; the
amount of loss claimed; and the identity of any witnesses upon whom it is relied to establish the
claim. The notification shall be filed within sixty (60) days of the date of injury or damage or in
the case of death, within sixty (60) days of the date of death.
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(b) No provision of this section shall ever be so construed as to expand the ordinary liability of
the Town; and provided, that nothing herein contained shall be construed to mean that the Town,
waives any rights, privileges, defenses or immunities in tort actions which are provided under the
common law, the Constitution, and general laws of the State of Texas.
State law referencesÎ Texas Tort Claims Act, V.T.C.A., Civil Practice and Remedies Code, ch. 101; notice
procedures, V.T.C.A., Civil Practice and Remedies Code, sec. 101.101
11.06 Powers to Remit Penalties
The governing body shall have the right to remit, in whole or in part, any civil fine or penalty
belonging to the Town, which may be imposed under any ordinance passed pursuant to this
Charter.
11.07 Property Not Exempt from Special Assessments
No property of any kind regardless of the ownership of the property, (except property of the
Town), shall be exempt in any way from any of the special taxes, charges, levies and assessments,
authorized or permitted by this Charter, for local improvement, for the public welfare except
where such exemption is required by law or where Council has the discretion to authorize such
exemption and a majority of Council votes to approve such exemption.
11.08 Town Depository
The provisions of the State laws governing the selection and designation of a Town depository
are hereby adopted as the law governing the selection and designation of a depository of and for
the Town.
State law referenceÎ Depositories for municipal funds, V.T.C.A., Local Government Code, ch. 105.
11.09 Judicial Notice
This Charter shall be deemed a public act, and shall have the force and effect of a general law,
may be read in evidence without pleading or proof, and judicial notice shall be taken thereof in all
courts and places, without further proof.
11.10 Severability Clause
If any section or part of this Charter shall be held invalid by a Court of competent jurisdiction,
such holding shall not affect the remainder of this Charter, nor the context in which such section
or part of section so held invalid may appear, except to the extent that any entire section, or part
of section, may be inseparably connected in meaning and effect, with the section or part of \[the\]
section to which such holding shall directly apply. The Charter is translated in Spanish. For
purposes of interpretation and enforcement, in the event of conflict, the English version of the
Charter shall prevail.
11.11 Construction of Charter
The provisions of this Charter shall be construed for the purpose of effecting the objects and ends
thereof. All references to state law or laws of the State of Texas, however expressed, shall mean
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Trophy Club Code of Ordinances Home Rule Charter
Ðas presently enacted or hereinafter enacted.Ñ All gender references shall be interpreted to include
both masculine and feminine.
11.12 Renumber, Rename, Rearrange, Clerical, Typographical and
Grammatical Error Correction
The Council shall have the power, by ordinance, to renumber, rename and rearrange all articles,
sections and paragraphs of this Charter, or any amendments thereto, and to correct clerical,
typographical or grammatical errors within the Charter, as it shall deem appropriate, provided that
such action does not change the meaning or effect of any part hereof, and, upon the passage of
any such ordinance, a copy thereof, certified by the Town Secretary, shall be forwarded to the
Secretary of State of the State of Texas for filing.
(Section 11.12 amended by May 11, 2013 election, effected by Ordinance 2013-15, prop. 16,
adopted 5/21/13)
11.13 Amendment to Charter
Amendments to this Charter may be framed and submitted to the voters of the Town in the
manner provided by State law.
State constitution referenceÎ Adoption or amendment of charter, Texas Constitution, art. 11, sec. 5.
State law referenceÎ Adoption or amendment of charter, V.T.C.A., Local Government Code, sec. 9.001 et
seq.
11.14 Code of Ethics and Conduct; Ethics Commission
(a) The Town Council shall adopt by ordinance a code of ethics and conduct that is consistent
with the provisions of this Charter and applicable to elected officers, appointed board,
commission, and committee members, and employees of the Town.
(b) The Town Council shall establish by ordinance an independent Ethics Commission to
administer and enforce the Code of Ethics and Conduct ordinance. No member of the
Commission may hold elective or appointed office under the Town or any other government or
hold any political party office. The Town Council shall appropriate sufficient funds to the Ethics
Commission to enable it to perform the duties assigned.
(Section 11.14 added by May 9, 2009 election, effected by Ordinance 2009-12, prop. 21, adopted
5/18/09)
11.15 Charter Review Commission
The Council shall appoint a Charter Review Commission at intervals of not more than seven (7)
years. The Commission shall consist of nine (9) qualified voters of the Town. Each council
member shall appoint one member to serve on the Charter Review Commission, and remaining
members shall be appointed by vote of the Council. The Commission shall review the Town
Charter and make Charter amendment recommendations, where appropriate, that will help protect
C-47
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Trophy Club Code of Ordinances Home Rule Charter
or enhance the rights, powers and benefits of all Trophy Club residents. It shall be the duty of the
Charter Review Commission to:
(a) Inquire into the operation of the Town government under the Charter and determine
whether any provisions require revision. To this end, public hearings may be held;
(b) Propose any recommendations it deems desirable to ensure compliance with this
Charter;
(c) Propose amendments to this Charter to improve its effective application to current
conditions; and
(d) Report its findings and present its proposed amendments to the Town Council.
The Council shall receive and have published in the TownÓs official newspaper the Charter
Review CommissionÓs final report. It shall consider any recommendations and, if any
amendments are presented, may order the amendment or amendments submitted to the voters of
the Town.
The term of office of \[the\] Commission shall be six (6) months or longer if extended by the
Council and, at the completion of such term, a report of the proceedings of the Commission shall
be filed with the Town Secretary and shall become public record.
(Section 11.15 added by May 9, 2009 election, effected by Ordinance 2009-12, prop. 22, adopted
5/18/09. First paragraph amended by May 11, 2013 election, effected by Ordinance 2013-15,
prop. 17, adopted 5/21/13; grammatical error corrected by Ordinance 2015-43, sec. 2.03, adopted
12/8/15)
Article XII. Transitional Provisions
12.01 Interim Municipal Government
Nothing in this Charter except as otherwise specifically provided shall affect or impair the rights
or privileges of persons who are Town officers or employees at the time of its adoption.
12.02 Persons Serving on Boards, Commissions or Corporations
Persons serving on any board, commission or corporation at the time of the adoption of this
Charter shall continue to serve until their term shall have expired or until their successors shall
have qualified.
12.03 Effect of this Charter on Existing Law
All ordinances, resolutions, rules and regulations in force in the Town on the effective date of this
Charter, and not in conflict with this Charter, shall remain in force until altered, amended or
repealed. All taxes, assessments, liens, encumbrances and demands, of or against the Town, fixed
or established before or on the effective date of this Charter shall be valid when properly fixed or
established either under the law in force at the time of beginning of such proceedings or under the
law after the adoption of this Charter.
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Trophy Club Code of Ordinances Home Rule Charter
12.04 Continuance of Contracts, Franchises and Succession of Rights
All contracts including without limitation franchises entered into by the Town or for its benefit
prior to the taking effect of this Charter shall continue in full force and effect. Public
improvements for which legislative steps have been taken under laws or ordinances existing at the
time this Charter takes effect may be carried to completion in accordance with the provisions of
such existing laws or ordinances. All suits, taxes, penalties, forfeitures and all other rights, claims,
and demands, which have accrued under the laws, heretofore in force governing the Town shall
belong to and be vested in and shall be prosecuted by and for the use and benefit of the
corporation hereby created, and shall not in any way be diminished, affected or prejudiced by the
adoption and taking effect of this Charter.
12.05 Submission of Charter to Voters
The Charter Commission in preparing this Charter concludes that it is impracticable to segregate
each subject so as to permit a vote of ÐyesÑ or ÐnoÑ on the same, for the reason that the Charter is
so constructed that in order to enable it to work and function it is necessary that it should be
adopted in its entirety. For these reasons, the Charter Commission directs that the said Charter be
voted upon as a whole and that it shall be submitted to the qualified voters of the Town at an
election to be held for that purpose on Tuesday, November 2, 2004. Not less than thirty days prior
to such election, the Council shall cause the Town Secretary to mail a copy of this Charter to each
qualified voter of the Town as appears from the latest certified list of registered voters. If a
majority of the qualified voters voting in such election shall vote in favor of the adoption of this
Charter, it shall immediately become the governing law of the Town, until amended or repealed.
The form of the ballot for use in such election shall be as follows:
FOR THE ADOPTION OF THE CHARTER
AGAINST THE ADOPTION OF THE CHARTER
C-49
Town CouncilPage 129 of 136Meeting Date: October 22, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-514-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
10/9/2019Town Council
On agenda:Final action:
10/22/2019
Title:
Discussion of items for Future Agendas to include agenda items for consideration on the November
12, 2019 Council agenda and items from the Town Council Future Agenda Items list (S. Norwood)
A)Item No. 2 from the Future Agenda Items list: Receive an update from Town Staff regarding
Entryway Monumentation and Landscaping for the Town of Trophy Club. (Sanders 2/27/2018) (1-
May 22, 2018) (2-August 28, 2018) (3-December 11, 2018) (4-March 26, 2019) (5-June 25, 2019) (6-
July 23, 2019) (7-October 22, 2019)
Attachments:
November 12, 2019 Proposed Council Meeting Agenda.pdf
Town Council Future Agenda Items List updated 10-17-2019.pdf
DateVer.Action ByActionResult
Agenda Item No. 14:
DiscussionofitemsforFutureAgendastoincludeagendaitemsforconsiderationontheNovember12,2019Council
agenda and items from the Town Council Future Agenda Items list (S. Norwood)
A)ItemNo.2fromtheFutureAgendaItemslist:ReceiveanupdatefromTownStaffregardingEntryway
MonumentationandLandscapingfortheTownofTrophyClub.(Sanders2/27/2018)(1-May22,2018)(2-August28,
2018) (3-December 11, 2018) (4-March 26, 2019) (5-June 25, 2019) (6-July 23, 2019) (7-October 22, 2019)
Town CouncilPage 130 of 136Meeting Date: October 22, 2019
Meeting Date: November 12, 2019
Regular Session Start Time 7:00 p.m.
Announcements & Reports
No.
Receive Town Manager Norwood's update and provide input regarding the
1Town Mgr
following (S. Norwood):
*November and December 2019 Meeting Dates
Receive Town Council Liaison update; discussion of same (S. Norwood):
2Town Sec
*Parks and Recreation Board, November 4, 2019
Council Liaison - Council Member Michael Geraci
STAFF
No. ConsentRESORDPROCFile IDDept
RPT
ConsiderandtakeappropriateactionregardingtheTownCouncilRegularSession
3Town Sec
Minutes dated October 22, 2019 (S. Norwood).
Consider and take appropriate action regarding the Fourth Quarter Investment
4Finance
Report for Fiscal Year 2019 (S. Norwood).
ConsiderandtakeappropriateactionregardingrepealingResolutionNo.2018-26
andadoptinganewResolutionamendingtheInvestmentPolicyfortheTownof
5Finance
Trophy Club; and providing an effective date (S. Norwood).
Consider and take appropriate action regarding an Ordinance amending
subsection i, Annual capital improvement and maintenance charge, of Section
A1.014, Water and wastewater fees for Public Improvement District No. 1, within
6Finance
Appendix A, Fee Schedule, of the Trophy Club Code of Ordinances, to adopt a
monthly surcharge for PID residents; providing for severability; providing a
penalty; and providing an effective date (S. Norwood).
Case TUP-19-004 (Aloft Construction Trailer)
7Com Dev
Consider and take appropriate action regarding a request for a Temporary Use
Permit to allow a construction trailer on the PD-30 hotel property, generally
located approximately 950 feet east of Trophy Club Drive and approximately 300
feet north of SH 114 (S. Norwood).
Consider and take appropriate action regarding two Interlocal Cooperation
Agreements between the Town of Trophy Club and Denton County for Fire
8Fire
Protection Services and Ambulance Services; and authorizing the Mayor or his
designee to execute all necessary documents (S. Norwood).
STAFF
No. Regular SessionRESORDPROCFile IDDept
RPT
Case PP-19-001 (Last Acre Addition)
9Com Dev
Consider and take appropriate action regarding a request for a preliminary plat
containing 1.0055 acres of land located north of Meadowbrook Lane and
approximately 110 feet west of Rockwood Drive (S. Norwood).
Case FP-19-001 (Last Acre Addition)
10Com Dev
Consider and take appropriate action regarding a request for a final plat
containing 1.0055 acres of land located north of Meadowbrook Lane and
approximately 110 feet west of Rockwood Drive (S. Norwood).
Receive an update from the Greater Northwest Soccer Association regarding their
11Parks
current season (S. Norwood).
Town CouncilPage Page 1 of 2 131 of 136Meeting Date: October 22, 2019
Receive an update from the Trophy Club Roanoke Youth Baseball Association
12Parks
regarding their current season (S. Norwood).
Receive an update from the Bobcat Youth Football Organization regarding their
13Parks
current season (S. Norwood).
Discussion of and take appropriate action regarding setting a date for the 2020
14Town Mgr
Council Retreat and discuss potential agenda items (S. Norwood).
STAFF
No. Upcoming Agenda & Council Future Agenda Items List UpdateRESORDPROCFile IDDept
RPT
Discussion of items for Future Agendas to include agenda items for consideration
on the December 10, 2019 Council agenda and items from the Town Council
15Town Sec
Future Agenda Items list (S. Norwood)
Item No. 4 from the Future Agenda Items list: Discussion of and take appropriate
action to have the Interim Town Manager prioritize an investigation of the use of
turf fields at Independence Park along with a cost benefit analysis & review
A)Parks
offering a payback program between the Town and TCR Youth Baseball
Association. (Geraci & Shoffner 5/28/2019) (1-November 12, 2019)
STAFF
No. Executive SessionRESORDPROCFile IDDept
RPT
Pursuant to the following designated section of the Texas Government Code,
Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into
16Town Sec
executive session to discuss the following:
Section 551.072 Deliberation regarding Real Property to discuss or deliberate the
purchase, exchange, lease, or value of real property if deliberation in an open
A)
meeting would have a detrimental effect on the position of the governmental
body in negotiations with a third person:
North of State Highway 114, east of Trophy Club Drive and west of Town limits
(Mayor Pro Tem Jensen and Council Member Shoffner)
STAFF
No. Regular SessionRESORDPROCFile IDDept
RPT
Consider and take appropriate action regarding the Executive Session (S.
17Town Sec
Norwood).
Town CouncilPage Page 2 of 2 132 of 136Meeting Date: October 22, 2019
Town Council Future Agenda Items List
(Updated 10/17/2019)
1. 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 and the maintenance building by the
Wastewater Treatment Plant. (Lamont 11/10/2015) (1-February 9, 2016)(2-May 10, 2016)
(3-August 9, 2016) (4-November 8, 2016) (5-February 14, 2017) (6-May 23, 2017) (7-May 22,
2018) (8-August 28, 2018) (9-December 11, 2018) (10-April 9, 2019) (11-July 23, 2019)(12-
October 22, 2019)
1/12/2016 – At the January 12, 2016 Council meeting, Council made TCMUD No. 1 an offer
regarding the Annex Building.
5/10/2016 - Town Manager Seidel advised that Town Staff are continuing to work on this
item.
8/9/2016 - Mayor Sanders advised that several items have taken precedence and that this
item can remain on the list until the applicable time to deal with it.
9/19/2016 – This item was scheduled to be placed on a future Joint Meeting agenda,
tentatively for January 2017, with the TCMUD No. 1 Board of Directors.
11/8/2016 – Council consensus was to leave this item on the Future Agenda Items list.
2/20/2017 – Council moved this item to be discussed during the February 25, 2017 Council
Retreat.
3/28/2017 – Mayor Sanders added the maintenance building by the Wastewater Treatment
Plant to this item.
5/23/2017 - Mayor Sanders advised that his intent was that the Annex Building would be
utilized for Town storage after Staff relocated into the new Town Hall facility.
5/22/2018 – Direction was given to place the above items on the Joint Session agenda
between Council and the TCMUD No. 1 Board of Directors that would occur in July 2018.
8/28/2018 – There was no new update to provide.
12/11/2018 – Town Manager Class provided an update during Executive Session.
4/9/2019 – Town Manager Class provided an update during Executive Session.
7/23/2019 – Interim Town Manager Carroll provided an update during Executive Session.
2. Receive an update from Town Staff regarding Entryway Monumentation and Landscaping
for the Town of Trophy Club. (Sanders 2/27/2018) (1-May 22, 2018) (2-August 28, 2018)
(3-December 11, 2018) (4-March 26, 2019) (5-June 25, 2019) (6-July 23, 2019) (7-October
22, 2019)
5/22/2018 – Town Planner Payne provided an update regarding Entryway Monument signs,
Wayfinding signs, and Parks signs. Council gave direction to bring back a plan for repairing
and updating Parks monument signs and a plan for standardizing trailhead signs.
8/28/2018 – Town Planner Payne presented an update regarding Park signage. Council
provided feedback on the design for Park signage.
12/11/2018 – Town Planner Payne provided an updateand Council directed Staff to move
forward with preparing an RFP for Parks signage with Town logos and without Town logos.
3/26/2019 – Town Planner Payne provided an update regarding entryway monumentation
and wayfinding signage. Council directed Staff to move forward with entryway
monumentation.
6/25/2019 – Town Planner Payne provided an update regarding entryway monumentation
and Park signage. Council directed Staff to bring the item back for direction to allow the en-
tire Council to be present.
Page 1 of 2
Town CouncilPage 133 of 136Meeting Date: October 22, 2019
7/23/2019 – Town Planner Payne provided an update regarding entryway monumentation
and Park signage. Council recommended Staff reach out to NISD to work together to have
monumentation by the schools, reach out to the developer of PD 30 to potentially have
monumentation on Trophy Club Drive compliment PD 30 signage, and review having a sign
with backlit lettering on Trophy Wood Drive.
3. Discussion of and possible action between the Town and EDC 4B regarding long range
planning to use the parcel between Bread Winners and Trophy Club Town Hall. (Sanders
7/24/2018) (1-October 23, 2018) (2-April 9, 2019) (3-July 23, 2019) (4-October 22, 2019)
10/23/2018 – Council recommended giving the liaison direction during the Executive Ses-
sion and that information could be provided to the EDC 4B through the liaison without a
joint meeting.
4/9/2019 – Town Manager Class provided an update during Executive Session.
7/23/2019 – Interim Town Manager Carroll provided an update during Executive Session.
4. Discussion of and take appropriate action to have the Interim Town Manager prioritize an
investigation of the use of turf fields at Independence Park along with a cost benefit anal-
ysis & review offering a payback program between the Town and TCR Youth Baseball As-
sociation. (Geraci & Shoffner 5/28/2019) (1-November 12, 2019)
8/13/2019 – Mayor Sanders inquired if this item would be ready for an update by the August
27th Council meeting. Council Member Geraci commented that additional time would be
needed.
5. Discussion of and take appropriate action regarding drainage issues in Town. (Shoffner
6/11/2019) (1-September 10, 2019)(2-December 10, 2019)
9/10/2019 – Director of Community Development Uzee provided an update and advised that
the Storm Water Mater Plan update had been received and would be reviewed.
6. Review of the Town’s Charter and Code of Ordinances to allow the Council to take action
to enforce deed restrictions or covenants. (Bone & Geraci 8/27/2019) (1-December 10,
2019)
7. Creation of a strategic plan for a percentage of funds set aside for Capital Replacement
items. (Geraci & Sanders 8/27/2019) (1-December 10, 2019)
8. Develop a strategic plan related to the Town’s Budget and work with each department
head. (Geraci & Sanders 9/10/2019) (1-December 10, 2019)
9. Task the Town Attorney and Planning and Development Department to identify all Town
situations that allow citizen petition where ministerial duty is required. (Shoffner & Sand-
ers 10/8/2019) (1-January 14, 2020)
10.Review potential revisions to the overnight parking ordinance specific to temporary park-
ing permits in order to incorporate suggestions made by citizen Mr. Ramsbottom. (Bone
& Sanders 9/10/2019) (1-January 14, 2020)
Page 2 of 2
Town CouncilPage 134 of 136Meeting Date: October 22, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-515-T1
Type:Status:
Agenda ItemExecutive Session
File created:In control:
10/9/2019Town Council
On agenda:Final action:
10/22/2019
Title:
Pursuant to the following designated section 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 551.072 Deliberation regarding Real Property to discuss or deliberate the purchase,
exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental
effect on the position of the governmental body in negotiations with a third person:
1)North of State Highway 114, east of Trophy Club Drive and west of Town limits (Mayor Pro
Tem Jensen and Council Member Shoffner)
2)Parcel between Bread Winners and Trophy Club Town Hall (S. Norwood)
3)Potential transfer of property between the Town and TCMUD No. 1 (S. Norwood)
Attachments:
DateVer.Action ByActionResult
Agenda Item No. 15:
PursuanttothefollowingdesignatedsectionoftheTexasGovernmentCode,Annotated,Chapter551(TexasOpen
Meetings Act), the Council will convene into executive session to discuss the following:
A)Section551.072DeliberationregardingRealPropertytodiscussordeliberatethepurchase,exchange,lease,or
valueofrealpropertyifdeliberationinanopenmeetingwouldhaveadetrimentaleffectonthepositionofthe
governmental body in negotiations with a third person:
1)NorthofStateHighway114,eastofTrophyClubDriveandwestofTownlimits(MayorProTemJensenand
Council Member Shoffner)
2)Parcel between Bread Winners and Trophy Club Town Hall (S. Norwood)
3)Potential transfer of property between the Town and TCMUD No. 1 (S. Norwood)
Town CouncilPage 135 of 136Meeting Date: October 22, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-516-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
10/9/2019Town Council
On agenda:Final action:
10/22/2019
Title:
Consider and take appropriate action regarding the Executive Session (S. Norwood).
Attachments:
DateVer.Action ByActionResult
Agenda Item No. 16:
Consider and take appropriate action regarding the Executive Session (S. Norwood).
Town CouncilPage 136 of 136Meeting Date: October 22, 2019