The URL can be used to link to this page

Agenda Packet TC 04/04/2005Town of Trophy Club Town Council Regular Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Monday, April 4, 2005 6:00 P.M. A.1 Call to order and announce a quorum. A.2 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (a) & (b) "Consultation With Attorney", the Council will enter into executive session to discuss the following: A) Consultation with Attorney on pending or contemplated litigation or on a matter in which the duty of the Attorney to the Governmental Body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act, Section 551.071 (a) & (b)): 1) Legal advice relative to pending litigation, to wit: Perfection Homes Inc., and Mark Carr v. Town of Trophy Club, Cause No. 2003-50345-367. The Town may admit to the closed meeting various agents and representatives retained by the Town of Trophy Club as experts for the purpose of defending the Town in the pending lawsuit. Those agents and representatives will provide information necessary for the Town Council to have full and unrestrained communication with its attorneys. The presence of such expert agents and representatives is necessary for full communication between the Town and its attorneys, as allowed by Texas Attorney General Opinions, including Opinion No. JM- 238. 2) Town of Trophy Club, Texas v. Town of Westlake, Texas, Cause No. 2004-40094- 362. A.3 Invocation. A.4 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible. A.5 Discuss and take appropriate action relative to Executive Session Item Number A2. A.6 Budget Workshop to discuss Fiscal year 05-06 Budget. A.7 Adjourn Workshop session. B.1 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. B.2 Council/staff reports: this is an opportunity for Council and staff to provide brief updates on projects and to provide public service announcements. It is not a time for the expression of opinions, questions and answers, or discussion among staff and Council. Discussion is limited to whether Council desires to have a topic placed on a future agenda for future consideration. B.3 Discuss and take appropriate action regarding a contract for Solid Waste and Recyclable Material Collection with Trinity Waste Services. B.4 Discuss and take appropriate action regarding an Ordinance canceling the May 7, 2005 election for the two (2) Council Members. B.5 Discuss and take appropriate action regarding an ordinance repealing Town Ordinance No. 2004-09, and adopting new provisions relating to auto theft prevention. D.1 Consent agenda: Discuss and take appropriate action regarding a resolution approving an Interlocal Agreement with Roanoke for Automatic Aide and Mutual Aid for Fire Protection, Emergency Medical Services, and Declared or Undeclared or Emergencies Endangering the Public Health and Safety. D.2 Consent agenda: Discuss and take appropriate action to approve minutes date March 21, 2005. D.3 Consent agenda: Discuss and take appropriate action regarding a Proclamation of the Town Council of the Town of Trophy Club, Texas, establishing the week of May 6 - 12, 2005 as Nurse Appreciation Week in Trophy Club in conjunction with National Nurse Appreciation Week. E.1 Adjourn. COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-4-2005 Subject: Agenda Item No.A.1 Call to order and announce a quorum. (lr) COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-4-2005 Subject: Agenda Item No.A.2 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (a) & (b) "Consultation With Attorney", the Council will enter into executive session to discuss the following: A) Consultation with Attorney on pending or contemplated litigation or on a matter in which the duty of the Attorney to the Governmental Body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act, Section 551.071 (a) & (b)): 1) Legal advice relative to pending litigation, to wit: Perfection Homes Inc., and Mark Carr v. Town of Trophy Club, Cause No. 2003-50345-367. The Town may admit to the closed meeting various agents and representatives retained by the Town of Trophy Club as experts for the purpose of defending the Town in the pending lawsuit. Those agents and representatives will provide information necessary for the Town Council to have full and unrestrained communication with its attorneys. The presence of such expert agents and representatives is necessary for full communication between the Town and its attorneys, as allowed by Texas Attorney General Opinions, including Opinion No. JM-238. 2) Town of Trophy Club, Texas v. Town of Westlake, Texas, Cause No. 2004-40094- 362. (paa) COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-4-2005 Subject: Agenda Item No.A.3 Invocation. (lr) COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-4-2005 Subject: Agenda Item No.A.4 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible. (lr) COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-4-2005 Subject: Agenda Item No.A.5 Discuss and take appropriate action relative to Executive Session Item Number A2. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: LR Attachments: None COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-4-2005 Subject: Agenda Item No.A.6 Budget Workshop to discuss Fiscal year 05-06 Budget. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Attached separately. COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-4-2005 Subject: Agenda Item No.A.7 Adjourn Workshop session. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: lr Attachments: 1. None COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-4-2005 Subject: Agenda Item No.B.1 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. (lr) COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-4-2005 Subject: Agenda Item No.B.2 Council/staff reports: this is an opportunity for Council and staff to provide brief updates on projects and to provide public service announcements. It is not a time for the expression of opinions, questions and answers, or discussion among staff and Council. Discussion is limited to whether Council desires to have a topic placed on a future agenda for future consideration. (lr) COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-4-2005 Subject: Agenda Item No.B.3 Discuss and take appropriate action regarding a contract for Solid Waste and Recyclable Material Collection with Trinity Waste Services. EXPLANATION: RECOMMENDATION: Staff recommends approval of contract with Trinity Waste Services. ACTION BY COUNCIL: Attachments: 1. Breakdown of Cost Savings 2. Rating Sheet 3. Contract EXCLUSIVE CONTRACT FOR SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION, TRANSPORTATION AND DISPOSAL SERVICES FOR THE TOWN OF TROPHY CLUB, TEXAS THIS EXCLUSIVE CONTRACT FOR SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION, TRANSPORTATION AND DISPOSAL SERVICES FOR THE TOWN OF TROPHY CLUB, TEXAS (the “Agreement”) is entered into effective this ___ day of _________, 2005, between The Town of Trophy Club, Texas, a home rule municipal corporation of Denton County and Tarrant County, Texas (the “Town”), and Allied Waste Services, Inc., a Delaware corporation d/b/a Trinity Waste Services (“Contractor”). RECITALS WHEREAS, Contractor is in the business of providing Solid Waste and Recyclable Materials collection, transportation and disposal services; and WHEREAS, the Town desires to engage Contractor, and Contractor desires to be engaged, as the exclusive provider of Solid Waste and Recyclable Materials collection, transportation and disposal services for all Customers requiring such service within the geographical limits of the Town. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained and other good and valuable consideration, received to the full satisfaction of each of them, the parties hereby agree as follows: 1. Definitions. For purposes of this Agreement, the following terms have the meanings specified below: (a) “Agreement” has the meaning specified in the introductory paragraph of this document. (b) “Bulky Waste” means stoves, refrigerators that have had CFC’s removed by a certified technician, water tanks, washing machines, furniture, and other large household items of a similar nature. (c) “Customer” means any residential, commercial, industrial, or governmental institution, enterprise or concern of any nature, form or combination, whether or not operated for a profit located within the geographical limits of the Town. (d) “Construction Debris” means waste building materials resulting from construction, remodeling, repair and demolition operations on pavements, buildings and other structures; provided, however, “Construction Debris” shall not include asbestos containing materials. (e) “Container” means (i) a metal or plastic container supplied by Contractor; or (ii) plastic bags, cardboard, metal or wooden boxes having no outside dimension of more than four feet, no larger than thirty-three gallons in capacity and capable of containing Solid Waste without leaking or emitting odors and that weigh, when loaded, less than 50 pounds. (f) “Contractor” has the meaning specified in the introductory paragraph of this Agreement. (g) “Hazardous Waste” means (i) petroleum and petroleum products, radioactive materials, asbestos in any form that is or could become friable, urea formaldehyde foam insulation, transformers or other equipment that contain polychlorinated biphenyls, and radon gas; and (ii) any other chemicals, materials or substances defined as or included in the definition of “hazardous materials,” “hazardous wastes,” “hazardous substances,” “toxic wastes,” “toxic pollutants,” “contaminates,” “pollutants,” “infectious wastes,” “medical wastes,” “radioactive wastes,” “sewage sludges” or words of similar import under any applicable environmental law. (h) “Recyclable Materials” means material that has been recovered or diverted from the nonhazardous waste stream for the purposes of reuse, recycling, or reclamation, a substantial portion of which is consistently used in the manufacture of products that may otherwise be produced using raw or virgin materials and which materials Contractor can sell for processing and use or reuse, including newsprint, magazines, plastic (PET and HDPE) bottles, glass containers, aluminum cans and metal (tin) cans. (i) “Solid Waste” means all waste generated by any Customer, including Construction Debris, Special Waste, Bulky Waste and Yard Waste, but excluding, however, Hazardous Waste. (j) “Special Waste” means soils; media; debris or other material resulting from underground storage tank removal or from other contaminated site remediation or investigation; manufacturing or industrial process waste; sludges; asbestos waste; powders; ashes; pollution control waste; any waste designated as “special waste” or similarly under any applicable law or so designated by Contractor by general description; or any waste that requires other than normal handling, storage, management, transfer or disposal. (k) “Town” has the meaning specified in the introductory paragraph of this Agreement. (l) “Yard Waste” means grass clippings, yard cleanings, leaves, tree limbs and branches that have been cut so as not exceed four feet in length, and other similar items. 2. Term. The term of this Agreement shall be for a five-year period beginning April 18, 2005 and ending on April 17, 2010. The term may be extended for an additional five year period, on the same terms and conditions as set forth in this Agreement, by mutual consent of the parties, each expressed in writing and given at least 60 days before the end of the term. 3. Scope of Work / Exclusive Right. The Town hereby grants to Contractor the exclusive right during the term of this Agreement to collect, transport and dispose of Solid Waste and Recyclable Materials from all Customers located within the geographical limits of the Town. The Town represents and warrants that it has the authority to grant such exclusive right as set forth in this Agreement. Contractor shall provide all services necessary to perform its duties as more specifically described herein. Such work shall be performed in accordance with the terms and conditions outlined in this Agreement; in the Town’s Request for Proposal for the furnishing of Solid Waste Services, a copy of which is attached hereto and incorporated herein for all purposes as Exhibit “A”; and in the Contractor’s Proposal, a copy of which is attached hereto and incorporated herein for all purposes as Exhibit “B”. Such documents shall hereinafter be referred to collectively as “Contract Documents”. In resolving inconsistencies among two or more of the Contract Documents or sections of the Contract Documents, priority of interpretation shall be in the following order: this Agreement for Solid Waste and Recyclable Materials Collection; Town’s Request for Proposal for “Solid Waste Services”, Exhibit “A”; and Contractor’s Proposal, Exhibit “B”. 4. Service Operations and Performance. (a) Frequency of Service; Routes. Contractor shall collect Solid Waste from each residential Customer at least twice per week. Contractor and each commercial or industrial Customer shall agree on the frequency of collections; provided however, that such collection shall be at least one (1) time per week. Contractor shall provide the Town with proposed collection schedules and routes, including any amendments thereto, for acceptance by Town. Such acceptance shall not be unreasonably withheld. (b) Hours of Service. Contractor shall provide services for residential customers between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday. No collections will be made on Sunday unless approved in advance by the Town. (c) Containers. Contractor shall supply each commercial and industrial Customer with a Container appropriate to the needs of the establishment, as agreed upon by the Customer and Contractor. If a Container is damaged (including graffiti or other vandalism) without fault of Contractor, Contractor may charge the applicable Customer to repair or, if necessary, replace the Container. Contractor shall provide (or has previously provided) each residential Customer with a recycling Container, which shall be dedicated solely to the collection of Recyclable Materials. Contractor shall be entitled to charge the Customer for replacement of any recycling Container that is lost, stolen or destroyed after a residential Customer is initially provided a recycling Container. (d) Collection of Waste. Each Customer shall be responsible for placing its Containers in a location that can be serviced in a safe and efficient manner. Residential Customers shall place Containers at the curb for collection. Contractor shall collect all items placed on the curb as part of residential Solid Waste collection provided that such Solid Waste is either (i) containerized in a plastic bag of 50 pounds or less in weight; or (ii) placed in a Container supplied by Contractor; or (iii) if such materials are Yard Waste, cut and tied in bundles not to exceed four feet in length and 50 pounds in weight. Contractor shall also collect construction and fencing materials generated by residential Customers resulting from repair and remodeling projects; provided that fence panels must be cut into four-foot by six-foot sections and loose pickets must be tied and bundled. Contractor shall comply with all applicable federal and state regulations and laws applicable to the services to be provided pursuant to this Agreement. (e) Collection of Bulky Waste. Contractor shall collect Bulky Waste from residential Customers at no additional cost to the Customer. (f) Collection of Special Waste. Contractor shall have no obligation to collect any Special Waste unless such has been adequately and properly screened and profiled and Contractor determines that Contractor can dispose of such Special Waste in its disposal facility in accordance with applicable law and Contractor’s operating policies and procedures. (g) Collection of Recyclable Materials. Contractor shall collect Recyclable Materials from residential Customers that are placed at the curb in the provided recycling Containers. Contractor shall collect Recyclable Materials at least weekly from each residential Customer on one of the days scheduled for Solid Waste collection. (h) Collection from Town Facilities. Contractor shall collect Solid Waste from facilities owned by the Town. Contractor shall not charge for collection, transportation and disposal of waste at Town owned facilities; provided, however, such no charge collection shall not include collection, transportation and disposal of industrial waste, Special Waste or Construction Debris resulting from public works and other construction projects. One 30-yard container per year will be provided to the Town at no cost for 4th of July events. In addition, twice each year of the term of this Agreement, Contractor shall provide five 30-yard roll off containers at no cost to the Town for the purpose of allowing residential Customers to dispose of accumulated household trash, yard trash, and loose brush (in accordance with Town’s ordinances) which is not normally removed by Contractor’s regular collection services. The Town and Contractor shall agree upon the dates for such service. Any additional containers in excess of the ten 30-yard roll off containers per year will be charged at Contractor’s regular rate. (i) Collection Equipment. All of Contractor’s vehicles shall be licensed in the State of Texas and shall operate in compliance with all applicable state, federal, and local regulations. All vehicles shall be kept in proper repair and sanitary condition. Each vehicle shall bear, as a minimum, the name and phone number of Contractor plainly visible on the vehicle, in letters and numbers not less than two inches in height. All vehicles shall be sufficiently secured so as to prevent any littering of Solid Waste and leakage of fluid. No vehicle shall be willfully overloaded. Contractor will be responsible for cleaning up any Solid Waste that spills or is scattered from Contractor’s vehicles. All open type collection vehicles shall be covered during movement. All collection vehicles shall be washed and deodorized weekly. (j) Discontinued Service. Contractor reserves the right to discontinue service to any Customer that fails to comply with any requirement of this Agreement, including failure to pay for services rendered, or providing other than Solid Waste to Contractor for collection. Contractor shall report to the Town the termination or denial of service to any Customer and provide information related to termination or denial. Any Customer that has been denied service or whose service has been discontinued for any reason other than nonpayment may appeal the decision to the Town. The Town shall determine whether the service should be reinstated and submit its decision to Contractor; provided, however, that in no event shall Contractor be obligated to reinstate service if it has not been paid for services rendered. (k) Missed Collections. If a regularly scheduled collection is missed by Contractor through no fault of the Customer, a special collection will be required of Contractor within 48 hours after Contractor is notified on the missed collection. Should a dispute arise between the Town, Contractor, and/or a Customer as to whether Contractor actually failed to make a collection (whether the Contractor missed a pickup) the decision of the Town on such matter shall be final and the Contractor agrees to abide by said decision. However, it is understood and agreed by and between the Town and Contractor that if any Customer fails to timely place brush or Containers out, maintains improper or inadequate Containers for the nature, volume or weight of garbage and trash to be removed from the Customer’s premises, or places improper bundles or volumes of Solid Waste for collection, Contractor may refrain from collecting all or a portion of Solid Waste and shall notify the Town of the reason for such non- collection. Contractor may refuse to collect the contents of any Container that contains any material that is not Solid Waste. Contractor shall provide notice to the Customer of the reason for such non-collection (unless such non-collection is the result of the Customer’s failure to timely place the Containers out for collection). Contractor’s notice to the Customer shall be in writing, attached to the Container or the front door of the Customer’s premises and shall indicate the nature of the violation and the correction required in order and such Solid Waste may than be collected at the next regular collection date. If Contractor fails to collect the Solid Waste from a Customer’s premises without cause, Contractor shall collect such Solid Waste within 24 hours after a notification by the Customer. (l) Telephone Number. Contractor shall maintain a local or toll-free telephone number where service may be applied for and complaints can be made. The telephone number shall be staffed between 8:00 a.m. and 6:00 p.m., Monday through Friday, and 8:00 a.m. through 12:00 p.m. on Saturday. (m) Complaints. All complaints received by Contractor will be responded to within 24 hours. Contractor will maintain and make available to the Town a log of all complaints that will record the name, address, phone number, type of complaint, time and date, resolution and response time and date of response. The Town shall notify Contractor of any complaints it receives by the next regular work day after receipt of the complaint. (n) Weather Days. If weather conditions make a scheduled collection unsafe, Contractor shall use its commercially reasonable efforts to collect any missed stops as soon as practicable. (o) Holidays. Contractor may observe the following holidays as non- collection days: New Years Day; Memorial Day; Labor Day; Independence Day; Thanksgiving Day; and Christmas Day. When a collection day is missed due to the Holiday schedule, Contractor will collect Solid Waste for such missed day on the next scheduled service date. (p) Title. Title to Solid Waste and Recyclable Materials shall pass to Contractor when placed in Contractor’s collection vehicles. Title to waste that is not Solid Waste shall remain with the Customer and shall not be deemed to pass to Contractor. (q) Permits. Contractor shall obtain all permits and licenses required in connection with the services to be performed by Contractor pursuant to this Agreement. 5. Rates. Contractor shall perform the services required hereunder at the rates set forth on Exhibit “C”. The rates set forth on Exhibit “C” for Solid Waste collection and disposal shall be fixed for the first three years of the term of the Agreement. Thereafter, the rates for Solid Waste collection and disposal shall be adjusted annually during the term of this Agreement. Such annual adjustment shall commence on the third anniversary of this Agreement, and then annually on that same date for each subsequent year during the term, by the percentage increase, if any, in the Consumer Price Index for the Dallas-Fort Worth Area. If the specified index ceases to be available, the parties shall use the most closely comparable index then available. The rates for collection of Recyclable Materials shall remain fixed for the initial five-year term of the Agreement. If the Agreement is renewed for an additional five-year term, the Town and Contractor shall negotiate in good faith to agree on a rate for collection of Recyclable Materials for such renewal term. 6. Billing. (a) Residential Customers. The Town shall bill all residential Customers, and shall remit to Contractor the amount collected from all such residential Customers as further provided under this paragraph. Such remittance shall be paid to Contractor on a monthly basis and is due to Contractor by the 15th of the month following the month service was rendered. Contractor shall be entitled to payment for all services for which payment has been collected by the Town less the franchise fee due Town. The Town shall pay to Contractor the amount collected less an eight percent franchise fee, which franchise fee shall be retained by the Town. Along with this payment, Town shall provide monthly the count of all residential Customers billed and all residential Customers that remitted payment. (b) All Other Customers. Contractor shall bill all Customers, other than residential Customers. Contractor shall pay the Town a fee equal to eight percent of the revenues collected from Customers billed by Contractor. Such payment shall be due, on or before the last day of each month. Such fee will be based on the gross amount collected for all services rendered during the preceding month, excluding any sales or other taxes collected. 7. Default by Contractor. It shall be an event of default under this Agreement if Contractor fails to observe and perform any material term, covenant or agreement contained in this Agreement to be performed by Contractor and such failure continues for a period of 30 days after notice to Contractor specifying the nature of such failure and requesting that it be remedied. If Contractor fails to cure a default under this Agreement with 30 days after its receipt of notice from the Town, unless during the cure period Contractor has taken remedial steps the effect of which would be to enable Contractor to cure such event of default within an additional 15 day period following the expiration of the 30-day cure period, the Town may, by written notice to Contractor, terminate this Agreement. 8. Insurance. Contractor shall maintain in full force and effect throughout the term of this Agreement and including any extension the following types of insurance in at least the limits specified below: Coverage Minimum Limits General Liability Combined single limits of $1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury and property damage. Automobile Liability Combined single limits of $1,000,000 per occurrence for owned, non-owned and hired coverage. Workers’ Compensation Statutory limits, including employers liability coverage a minimum of $500,000 per occurrence, $500,000 per occurrence – disease and $500,000 aggregate – disease. Excess Umbrella Liability Combined limit of $2,000,000 per occurrence. The Town shall be named as additional insured on the General Liability, Automobile Liability and Excess Liability policies with a waiver of subrogation granted in favor of the Town on the Workers’ Compensation coverage. Such insurance shall be provided in accordance with the specifications contained in Exhibit “D”, a copy of which is attached hereto and incorporated herein. 9. Bond Required. Contractor shall maintain in full force and effect throughout the term of this Agreement, including any and all extensions, a performance bond in the amount of $45,000.00 to secure the Contractor’s faithful performance of all obligations imposed by this Agreement. Such bond shall be issued by a company acceptable to the Town. 10. Indemnification. Contractor does hereby agree to waive all claims, release, indemnify, defend and hold harmless Town and all of its officials, officers, agents and employees, in both their public and private capacities, from and against any and all liability, claims, losses, damages, suits, demands or causes of action including all expenses of litigation and/or settlement, court costs and attorney fees which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property occasioned by error, omission, or negligent act of Contractor, including gross negligence or willful misconduct in the performance of its duties hereunder or for breach of this Agreement by Contractor, its officers, agents, employees, subcontractors, invitees or any other person for whom Contractor is legally liable, arising out of or in connection with the performance of this contract, and Contractor shall at his or her own cost and expense defend and protect Town from any and all such claims and demands. Contractor does hereby agree to waive all claims, release, indemnify, defend and hold harmless Town and all of its officials, officers, agents and employees from and against any and all claims, losses, damages, suits, demands or causes of action, and liability of every kind including all expenses of litigation and/or settlement, court costs and attorney fees for injury or death of any person or for loss of, damages to, or loss of use of any property, arising out of or in connection with the performance of this contract. Each party to this Agreement shall be liable for its proportionate share of negligence, unless due to the percentage of negligence attributable to one party, recovery is excluded under state law. In any and all claims against any party indemnified hereunder by any employee of Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation herein provided shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any subcontractor under workman's compensation or other employee benefit acts. 11. General Provisions. (a) Governing Law. The laws of the State of Texas shall govern the validity, construction, interpretation, and effect of this Agreement. Exclusive venue shall lie in Denton County, Texas. (b) Assignment. No assignment of this Agreement or any right under this Agreement shall be made in whole or in part by Contractor without the prior written consent of the Town, which consent shall not be unreasonably withheld; provided, however, Contractor may assign this Agreement to any affiliate of Contractor or as a collateral assignment to any lender to Contractor or any of its affiliates. (c) Binding Effect; No Third Party Beneficiaries. This Agreement shall be binding upon and inure solely to the benefit of the parties hereto and their permitted assigns. Nothing in this Agreement is intended to or shall confer upon any party that is not a party to this Agreement any legal or equitable right, benefit or remedy of any nature whatsoever. (d) Amendment. This Agreement may not be amended except by a written instrument executed by each party to this Agreement. (e) Merger Clause. This Agreement constitutes the final and complete agreement and understanding between the parties. All prior and contemporaneous agreements and understandings, whether oral or written, are to be without effect in the construction of any provision or term of this Agreement if they alter, vary or contradict this Agreement. (f) Illegal and Invalid Provisions. Should any term, provision or other part of this Agreement be declared illegal it shall be excised and modified to conform to the appropriate laws and regulations. Should any terms, provision, or other part of this Agreement be held to be inoperative, invalid or unenforceable, such provision or portion thereof shall be reformed in accordance with applicable laws and regulations. In both cases of illegal and invalid provisions, the remainder of the Agreement shall not be affected but shall remain in full force and effect. (g) Waivers. A waiver by either party of any breach of any provision hereof shall not be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. No payment or acceptance of compensation for any period subsequent to any breach shall be deemed a waiver of any right or acceptance of defective performance. (h) Notices. All notices or other communications required or permitted under this Agreement shall be in writing and may be given by depositing the same in the United States mail, addressed to the party to be notified, postage prepaid and registered or certified with return receipt requested, by overnight courier, or by delivering the same in person to such party, addressed as follows: Address for notices to the Town: Town Manager 100 Municipal Drive Trophy Club, Texas 76262 Address for notices to Contractor: 15880 N. Greenway-Hayden Loop, Suite 100 Scottsdale, AZ 85260 Attention: Corporate Secretary with a copy to: 6100 Elliot Reeder Road Fort Worth 76117 Attention: General Manager 12. Construction. The headings in this Agreement are inserted for convenience only, and shall not constitute a part of this Agreement or be used to construe or interpret any of its provisions. The parties have participated jointly in the negotiation and drafting of this Agreement. If a question of interpretation arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision of this Agreement. The word “include” or “including” means include or including, without limitation. COMMENT: This provision should be allowed to remain unaltered only if there is truly a negotiation of the terms of this Agreement. 13. Counterparts. This Agreement may be executed in two or more original or facsimile counterparts, each of which shall be deemed an original and all of which together shall constitute but one and the same instrument. [SIGNATURES ARE ON THE FOLLOWING PAGE] IN WITNESS WHEREOF, the undersigned have entered this Agreement as of the day and year first above written. Allied Waste Services, Inc., d/b/a Trinity Waste Services By: Its: Town of Trophy Club, Texas By: Its: EXCLUSIVE CONTRACT FOR SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION, TRANSPORTATION AND DISPOSAL SERVICES FOR THE TOWN OF TROPHY CLUB, TEXAS THIS EXCLUSIVE CONTRACT FOR SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION, TRANSPORTATION AND DISPOSAL SERVICES FOR THE TOWN OF TROPHY CLUB, TEXAS (the “Agreement”) is entered into effective this ___ day of _________, 2005, between The Town of Trophy Club, Texas, a home rule general law municipal corporation of Denton County and Tarrant County, Texas (the “Town”), and Allied Waste Services, Inc., a Delaware corporation d/b/a Trinity Waste Services (“Contractor”). RECITALS WHEREAS, Contractor is in the business of providing Solid Waste and Recyclable Materials collection, transportation and disposal services; and WHEREAS, the Town desires to engage Contractor, and Contractor desires to be engaged, as the exclusive provider of Solid Waste and Recyclable Materials collection, transportation and disposal services for all Customers requiring such service within the geographical limits of the Town. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained and other good and valuable consideration, received to the full satisfaction of each of them, the parties hereby agree as follows: 1.2. Definitions. For purposes of this Agreement, the following terms have the meanings specified below: (a)(i) “Agreement” has the meaning specified in the introductory paragraph of this document. (b)(j) “Bulky Waste” means stoves, refrigerators that have had CFC’s removed by a certified technician, water tanks, washing machines, furniture, and other large household items of a similar nature. (c)(k) “Customer” means any residential, commercial, industrial, or governmental institution, enterprise or concern of any nature, form or combination, whether or not operated for a profit located within the geographical limits of the Town. (d)(l) “Construction Debris” means waste building materials resulting from construction, remodeling, repair and demolition operations on pavements, buildings and other structures; provided, however, “Construction Debris” shall not include asbestos containing materials. (e)(m) “Container” means (i) a metal or plastic container supplied by Contractor; or (ii) plastic bags, cardboard, metal or wooden boxes having no outside dimension of more than four feet, no larger than thirty-three gallons in capacity and capable of containing Solid Waste without leaking or emitting odors and that weigh, when loaded, less than 50 pounds. (f)(n) “Contractor” has the meaning specified in the introductory paragraph of this Agreement. (g)(o) “Hazardous Waste” means (i) petroleum and petroleum products, radioactive materials, asbestos in any form that is or could become friable, urea formaldehyde foam insulation, transformers or other equipment that contain polychlorinated biphenyls, and radon gas; and (ii) any other chemicals, materials or substances defined as or included in the definition of “hazardous materials,” “hazardous wastes,” “hazardous substances,” “toxic wastes,” “toxic pollutants,” “contaminates,” “pollutants,” “infectious wastes,” “medical wastes,” “radioactive wastes,” “sewage sludges” or words of similar import under any applicable environmental law. (h)(p) “Recyclable Materials” means material that has been recovered or diverted from the nonhazardous waste stream for the purposes of reuse, recycling, or reclamation, a substantial portion of which is consistently used in the manufacture of products that may otherwise be produced using raw or virgin materials and which materials Contractor can sell for processing and use or reuse, including newsprint, magazines, plastic (PET and HDPE) bottles, glass containers, aluminum cans and metal (tin) cans. (i)(q) “Solid Waste” means all waste generated by any Customer, including Construction Debris, Special Waste, Bulky Waste and Yard Waste, but excluding, however, Hazardous Waste. (j)(r) “Special Waste” means soils; media; debris or other material resulting from underground storage tank removal or from other contaminated site remediation or investigation; manufacturing or industrial process waste; sludges; asbestos waste; powders; ashes; pollution control waste; any waste designated as “special waste” or similarly under any applicable law or so designated by Contractor by general description; or any waste that requires other than normal handling, storage, management, transfer or disposal. (k)(s) “Town” has the meaning specified in the introductory paragraph of this Agreement. (l)(t) “Yard Waste” means grass clippings, yard cleanings, leaves, tree limbs and branches that have been cut so as not exceed four feet in length, and other similar items. 2.9. Term. The term of this Agreement shall be for a five-year period beginning April 18, 2005 and ending on April 17, 2010. The term may be extended for an additional five year period, on the same terms and conditions as set forth in this Agreement, by mutual consent of the parties, each expressed in writing and given at least 60 days before the end of the term. 10. Scope of Work / Exclusive Right. The Town hereby grants to Contractor the exclusive right during the term of this Agreement to collect, transport and dispose of Solid Waste and Recyclable Materials from all Customers located within the geographical limits of the Town. The Town represents and warrants that it has the authority to grant such exclusive right as set forth in this Agreement. Contractor shall provide all services necessary to perform its duties as more specifically described herein. Such work shall be performed in accordance with the terms and conditions outlined in this Agreement; in the Town’s Request for Proposal for the furnishing of Solid Waste Services, a copy of which is attached hereto and incorporated herein for all purposes as Exhibit “A”; and in the Contractor’s Proposal, a copy of which is attached hereto and incorporated herein for all purposes as Exhibit “B”. Such documents shall hereinafter be referred to collectively as “Contract Documents”. In resolving inconsistencies among two or more of the Contract Documents or sections of the Contract Documents, priority of interpretation shall be in the following order: this Agreement for Solid Waste and Recyclable Materials Collection; Town’s Request for Proposal for “Solid Waste Services”, Exhibit “A”; and Contractor’s Proposal, Exhibit “B”. 4.11. Service Operations and Performance. (a) Frequency of Service; Routes. Contractor shall collect Solid Waste from each residential Customer at least twice per week. Contractor and each commercial or industrial Customer shall agree on the frequency of collections; provided however, that such collection shall be at least one (1) time per week. Contractor shall provide the Town with proposed collection schedules and routes, including any amendments thereto, for acceptance by Town. Such acceptance shall not be unreasonably withheld.. (b) Hours of Service. Contractor shall provide services for residential customers between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday. No collections will be made on Sunday unless approved in advance by the Town. (c) Containers. Contractor shall supply each commercial and industrial Customer with a Container appropriate to the needs of the establishment, as agreed upon by the Customer and Contractor. If a Container is damaged (including graffiti or other vandalism) without fault of Contractor, Contractor may charge the applicable Customer to repair or, if necessary, replace the Container. Contractor shall provide (or has previously provided) each residential Customer with a recycling Container, which shall be dedicated solely to the collection of Recyclable Materials. Contractor shall be entitled to charge the Customer for replacement of any recycling Container that is lost, stolen or destroyed after a residential Customer is initially provided a recycling Container. (d) Collection of Waste. Each Customer shall be responsible for placing its Containers in a location that can be serviced in a safe and efficient manner. Residential Customers shall place Containers at the curb for collection. Contractor shall collect all items placed on the curb as part of residential Solid Waste collection provided that such Solid Waste is either (i) containerized in a plastic bag of 50 pounds or less in weight; or (ii) placed in a Container supplied by Contractor; or (iii) if such materials are Yard Waste, cut and tied in bundles not to exceed four feet in length and 50 pounds in weight. Contractor shall also collect construction and fencing materials generated by residential Customers resulting from repair and remodeling projects; provided that fence panels must be cut into four-foot by six-foot sections and loose pickets must be tied and bundled. Contractor shall comply with all applicable federal and state regulations and laws applicable to the services to be provided pursuant to this Agreement. (e) Collection of Bulky Waste. Contractor shall collect Bulky Waste from residential Customers at no additional cost to the Customer. (f) Collection of Special Waste. Contractor shall have no obligation to collect any Special Waste unless such has been adequately and properly screened and profiled and Contractor determines that Contractor can dispose of such Special Waste in its disposal facility in accordance with applicable law and Contractor’s operating policies and procedures. (g) Collection of Recyclable Materials. Contractor shall collect Recyclable Materials from residential Customers that are placed at the curb in the provided recycling Containers. Contractor shall collect Recyclable Materials at least weekly from each residential Customer on one of the days scheduled for Solid Waste collection. (h) Collection from Town Facilities. Contractor shall collect Solid Waste from facilities owned by the Town. Contractor shall not charge for collection, transportation and disposal of waste at Town owned facilities; provided, however, such no charge collection shall not include collection, transportation and disposal of industrial waste, Special Waste or Construction Debris resulting from to public works and other construction projects. One 30-yard container per year will be provided to the Town at no cost for 4th of July events. In addition, twice each year of the term of this Agreement, Contractor shall provide five 30-yard roll off containers at no cost to the Town for the purpose of allowing residential Customers to dispose of accumulated household trash, yard trash, and loose brush (in accordance with Town’s ordinances) which is not normally removed by Contractor’s regular collection services. The Town and Contractor shall agree upon the dates for such service. Any additional containers in excess of the ten 30-yard roll off containers per year will be charged at Contractor’s regular rate. (i) Collection Equipment. All of Contractor’s vehicles shall be licensed in the State of Texas and shall operate in compliance with all applicable state, federal, and local regulations. All vehicles shall be kept in proper repair and sanitary condition. Each vehicle shall bear, as a minimum, the name and phone number of Contractor plainly visible on the vehicle, in letters and numbers not less than two inches in height. All vehicles shall be sufficiently secured so as to prevent any littering of Solid Waste and leakage of fluid. No vehicle shall be willfully overloaded. Contractor will be responsible for cleaning up any Solid Waste that spills or is scattered from Contractor’s vehicles. All open type collection vehicles shall be covered during movement. All collection vehicles shall be washed and deodorized weekly. (j) Discontinued Service. Contractor reserves the right to discontinue service to any Customer that fails to comply with any requirement of this Agreement, including failure to pay for services rendered, or providing other than Solid Waste to Contractor for collection. Contractor shall report to the Town the termination or denial of service to any Customer and provide information related to termination or denial. Any Customer that has been denied service or whose service has been discontinued for any reason other than nonpayment may appeal the decision to the Town. The Town shall determine whether the service should be reinstated and submit its decision to Contractor; provided, however, that in no event shall Contractor be obligated to reinstate service if it has not been paid for services rendered. (k) Missed Collections. If a regularly scheduled collection is missed by Contractor through no fault of the Customer, a special collection will be required of Contractor within 48 hours after Contractor is notified on the missed collection. Should a dispute arise between the Town, Contractor, and/or a Customer as to whether Contractor actually failed to make a collection (whether the Contractor missed a pickup) the decision of the Town on such matter shall be final and the Contractor agrees to abide by said decision. However, it is understood and agreed by and between the Town and Contractor that if any Customer fails to timely place brush or, Containers out, maintains improper or inadequate Containers for the nature, volume or weight of garbage and trash to be removed from the Customer’s premises, or places improper bundles or volumes of Solid Waste for collection, Contractor may refrain from collecting all or a portion of Solid Waste and shall notify the Town of the reason for such non- collection. Contractor may refuse to collect the contents of any Container that contains any material that is not Solid Waste. Contractor shall provide notice to the Customer of the reason for such non-collection (unless such non-collection is the result of the Customer’s failure to timely place the Containers out for collection). Contractor’s notice to the Customer shall be in writing, attached to the Container or the front door of the Customer’s premises and shall indicate the nature of the violation and the correction required in order and such Solid Waste may than be collected at the next regular collection date. When a Customer notifies the Town that Solid Waste has not been removed from the Customer’s premises on the scheduled collection day and where no notice of non-collection or a change in collection schedule has been received from Contractor, the Town shall investigate. If the investigation discloses that Contractor failsed to collect the Solid Waste from the subjecta Customer’s premises without cause, Contractor shall collect such Solid Waste within 24 hours after a notification by the Customer. collection order is issued by the Town. (l) Telephone Number. Contractor shall maintain a local or toll-free telephone number where service may be applied for and complaints can be made. The telephone number shall be staffed between 8:00 a.m. and 6:00 p.m., Monday through Friday, and 8:00 a.m. through 12:00 p.m. on Saturday. (m) Complaints. All complaints received by Contractor will be responded to within 24 hours. Contractor will maintain and make available to the Town a log of all complaints that will record the name, address, phone number, type of complaint, time and date, resolution and response time and date of response. The Town shall notify Contractor of any complaints it receives by the next regular work day after receipt of the complaint. (n) Weather Days. If weather conditions make a scheduled collection unsafe, Contractor shall use its commercially reasonable efforts to collect any missed stops as soon as practicable. (o) Holidays. Contractor may observe the following holidays as non- collection days: New Years Day; Memorial Day; Labor Day; Independence Day; Thanksgiving Day; and Christmas Day. When a collection day is missed due to the Holiday schedule, Contractor will collect Solid Waste for such missed day on the next scheduled service date. (p) Title. Title to Solid Waste and Recyclable Materials shall pass to Contractor when placed in Contractor’s collection vehicles. Title to waste that is not Solid Waste shall remain with the Customer and shall not be deemed to pass to Contractor. (q) Permits. Contractor shall obtain all permits and licenses required in connection with the services to be performed by Contractor pursuant to this Agreement. 5.12. Rates. Contractor shall perform the services required hereunder at the rates set forth on Exhibit “C” A. The rates set forth on Exhibit “C”A for Solid Waste collection and disposal shall be fixed for the first three years of the term of the Agreement. Thereafter, the rates for Solid Waste collection and disposal shall be adjusted annually during the term of this Agreement., Such annual adjustment shall commence commencing on the third anniversary of this Agreement, and then annually on that same date for each subsequent year during the term, by the percentage increase, if any, in the Consumer Price Index for the Dallas-Fort Worth Area. If the specified index ceases to be available, the parties shall use the most closely comparable index then available. The rates for collection of Recyclable Materials shall remain fixed for the initial five-year term of the Agreement. If the Agreement is renewed for an additional five-year term, the Town and Contractor shall negotiate in good faith to agree on a rate for collection of Recyclable Materials for such renewal term. 6.13. Billing. (a) Residential Customers. The Town shall bill all residential Customers, and shall remit to Contractor the amount collected from all such residential Customers as further provided under this paragraph. Such remittance shall be paid to pay the Contractor on a monthly basis and is due to Contractor by; such remittance to be received by Contractor by the 15th of the month following the month service was rendered. Contractor shall be entitled to payment for all services for which payment has been collected by the Town less the franchise fee due Town. rendered. The Town shall pay to Contractor the amount collected net service charge for residential services rendered during the preceding month. Such net service charge shall be equal to the monthly service charges required to be invoiced to residential Customers by the Town, less an eight percent franchise fee, which franchise fee shall be retained by the Town. Along with this payment, Town shall provide monthly the count of all residential Customers billed and all residential Customers that remitted payment. (b) All Other Customers. Contractor shall bill all Customers, other than residential Customers. Contractor shall pay the Town a fee equal to eight percent of the revenues collected from Customers billed by Contractor. Such payment shall be due, on or before the last day of each month. Such fee will be based on the gross amount collected for all services rendered during the preceding month, excluding any sales or other taxes collected. 7.14. Default by Contractor. It shall be an event of default under this Agreement if Contractor fails to observe and perform any material term, covenant or agreement contained in this Agreement to be performed by Contractor and such failure continues for a period of 30 days after notice to Contractor specifying the nature of such failure and requesting that it be remedied. If Contractor fails to cure a default under this Agreement with 30 days after its receipt of notice from the Town, unless during the cure period Contractor has taken remedial steps the effect of which would be to enable Contractor to cure such event of default within an additional 15 day period following the expiration of the grace 30- day cure period, the Town may, by written notice to Contractor, terminate this Agreement. schedule a hearing to address Contractor’s default. The notice shall specify the time and place of the hearing and shall include the specific reasons in support of the Town’s claim that an event of default has occurred. The hearing shall be conducted in public by the Town Council and Contractor shall be allowed to be present and shall be given full opportunity to answer such claims as are set out against it in the notice. If, after the public hearing, the Town Council makes a finding that Contractor has materially breached this Agreement and failed to cure such breach, the Town Council may terminate this Agreement. 8.15. Insurance. Contractor shall maintain in full force and effect throughout the term of this Agreement and including any extension the following types of insurance in at least the limits specified below: Coverage Minimum Limits General Liability Combined single limits of $1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury and property damage. Automobile Liability Combined single limits of $1,000,000 per occurrence for owned, non-owned and hired coverage. Workers’ Compensation Statutory limits, including employers liability coverage a minimum of $500,000 per occurrence, $500,000 per occurrence – disease and $500,000 aggregate – disease. Excess Umbrella Liability Combined limit of $2,000,000 per occurrence. The Town shall be named as additional insured on the General Liability, Automobile Liability and Excess Liability policies with a waiver of subrogation granted in favor of the Town on the Workers’ Compensation coverage. Such insurance shall be provided in accordance with the specifications contained in Exhibit “D”, a copy of which is attached hereto and incorporated herein. 9. Bond Required. Contractor shall maintain in full force and effect throughout the term of this Agreement, including any and all extensions, a performance bond in the amount of $45,000.00 to secure the Contractor’s faithful performance of all obligations imposed by this Agreement. Such bond shall be issued by a company acceptable to the Town. 10. Indemnification. Contractor does hereby agree to waive all claims, release, indemnify, defend and hold harmless Town and all of its officials, officers, agents and employees, in both their public and private capacities, from and against any and all liability, claims, losses, damages, suits, demands or causes of action including all expenses of litigation and/or settlement, court costs and attorney fees which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property occasioned by error, omission, or negligent act of Contractor, including gross negligence or willful misconduct in the performance of its duties hereunder or for breach of this Agreement by Contractor, its officers, agents, employees, subcontractors, invitees or any other person for whom Contractor is legally liable, arising out of or in connection with the performance of this contract, and Contractor shall at his or her own cost and expense defend and protect Town from any and all such claims and demands. Contractor does hereby agree to waive all claims, release, indemnify, defend and hold harmless Town and all of its officials, officers, agents and employees from and against any and all claims, losses, damages, suits, demands or causes of action, and liability of every kind including all expenses of litigation and/or settlement, court costs and attorney fees for injury or death of any person or for loss of, damages to, or loss of use of any property, arising out of or in connection with the performance of this contract. Each party to this Agreement shall be liable for its proportionate share of negligence, unless due to the percentage of negligence attributable to one party, recovery is excluded under state law. In any and all claims against any party indemnified hereunder by any employee of Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation herein provided shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any subcontractor under workman's compensation or other employee benefit acts. 9.Arbitration. (a)Any dispute arising out of this Agreement that cannot be resolved by the parties shall be submitted to binding arbitration administered by the American Arbitration Association under the Commercial Arbitration Rules. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction. The parties agree that any such controversy shall be submitted to three arbitrators selected pursuant to the provisions of the American Arbitration Association Commercial Arbitration Rules; provided, however, none of the arbitrators shall be a resident of Denton County, Texas. This arbitration agreement applies regardless of the claims or causes of action alleged. The arbitrators’ award will be final and binding, but in no event can an award exceed the amount of direct compensatory damages actually incurred by the claiming party, and no party can recover for anything other than the benefit of the bargain under this Agreement. The parties further agree that no consequential, incidental, special or punitive damages or damages resulting from lost profits or business opportunities damages can be considered or awarded by the arbitrators. (b)The parties agree that the American Arbitration Association Commercial Arbitration Rules are modified as follows: the procedures set forth in the Federal Rules of Civil Procedure applicable in the State of Texas will govern the arbitration, including those relating to disclosures and listing of witnesses and exhibits, initiation and completion of discovery, and dispositive motions. The substantive laws of the State of Texas will govern all proceedings in the arbitration. The parties agree that any arbitration conducted shall be held in Dallas, Texas. 10.11. General Provisions. (a) Governing Law. The laws of the State of Texas shall govern the validity, construction, interpretation, and effect of this Agreement. Exclusive venue shall lie in Denton County, Texas. (b) Assignment. No assignment of this Agreement or any right under this Agreement shall be made in whole or in part by Contractor without the prior written consent of the Town, which consent shall not be unreasonably withheld; provided, however, Contractor may assign this Agreement to any affiliate of Contractor, to a buyer in connection with the sale of all of Contractor’s business in the geographic area covered by this Agreement, or as a collateral assignment to any lender to Contractor or any of its affiliates. (c) Binding Effect; No Third Party Beneficiaries. This Agreement shall be binding upon and inure solely to the benefit of the parties hereto and their permitted assigns. Nothing in this Agreement is intended to or shall confer upon any party that is not a party to this Agreement any legal or equitable right, benefit or remedy of any nature whatsoever. (d) Amendment. This Agreement may not be amended except by a written instrument executed by each party to this Agreement. (e) Merger Clause. This Agreement constitutes the final and complete agreement and understanding between the parties. All prior and contemporaneous agreements and understandings, whether oral or written, are to be without effect in the construction of any provision or term of this Agreement if they alter, vary or contradict this Agreement. (f) Illegal and Invalid Provisions. Should any term, provision or other part of this Agreement be declared illegal it shall be excised and modified to conform to the appropriate laws and regulations. Should any terms, provision, or other part of this Agreement be held to be inoperative, invalid or unenforceable, such provision or portion thereof shall be reformed in accordance with applicable laws and regulations. In both cases of illegal and invalid provisions, the remainder of the Agreement shall not be affected but shall remain in full force and effect. (g) Waivers. A waiver by either party of any breach of any provision hereof shall not be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. No payment or acceptance of compensation for any period subsequent to any breach shall be deemed a waiver of any right or acceptance of defective performance. (h) Notices. All notices or other communications required or permitted under this Agreement shall be in writing and may be given by depositing the same in the United States mail, addressed to the party to be notified, postage prepaid and registered or certified with return receipt requested, by overnight courier, or by delivering the same in person to such party, addressed as follows: Address for notices to the Town: Town Manager__________________ 100 Municipal Drive Trophy Club, Texas 76262 __________________ __________________ Address for notices to Contractor: 15880 N. Greenway-Hayden Loop, Suite 100 Scottsdale, AZ 85260 Attention: Corporate Secretary with a copy to: 6100 Elliot Reeder Road Fort Worth 76117 Attention: General Manager 11.12. Construction. The headings in this Agreement are inserted for convenience only, and shall not constitute a part of this Agreement or be used to construe or interpret any of its provisions. The parties have participated jointly in the negotiation and drafting of this Agreement. If a question of interpretation arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision of this Agreement. The word “include” or “including” means include or including, without limitation. COMMENT: This provision should be allowed to remain unaltered only if there is truly a negotiation of the terms of this Agreement. 12.13. Counterparts. This Agreement may be executed in two or more original or facsimile counterparts, each of which shall be deemed an original and all of which together shall constitute but one and the same instrument. [SIGNATURES ARE ON THE FOLLOWING PAGE] IN WITNESS WHEREOF, the undersigned have entered this Agreement as of the day and year first above written. Allied Waste Services, Inc., d/b/a Trinity Waste Services By: Its: Town of Trophy Club, Texas By: Its: EXHIBIT A TOWN’S REQUEST FOR PROPOSAL FOR SOLID WASTE SERVICES EXHIBIT “B” CONTRACTOR’S PROPOSAL EXHIBIT AC RATES EXHIBIT “D” INSURANCE SPECIFICATIONS 1. General Insurance Requirements: 1.1 The Contractor/Vendor/Supplier (hereinafter called “Contractor”) shall not start work under this contract until the Contractor has obtained at his own expense all of the insurance called for here under and such insurance has been approved by the Town; nor shall the Contractor allow any subcontractor to start work on any subcontract until all insurance required of the subcontractor has been so obtained and approved by the Contractor. Approval of insurance required of the Contractor and subcontractors for the Town of Trophy Club will be granted only after submission to the Town of original, signed certificates of insurance or, alternately, at the Town’s request, certified copies of the required insurance policies. 1.2 The Contractor shall require all subcontractors to maintain during the term of this agreement, insurance in the same amounts and manner as specified for the Contractor. The Contractor shall furnish subcontractors' certificates of insurance to the Town immediately upon request. 1.3 All insurance policies required hereunder shall be endorsed to include the following provision: "It is agreed that this policy is not subject to cancellation, non-renewal, material change, or reduction in coverage until ten (10) days prior written notice has been given to the Town of Trophy Club". NOTE: The words "endeavor to" and "but failure to mail such notice shall impose no obligation to liability of any kind upon the company, its agents or representatives" are to be eliminated from the cancellation provision of standard ACORD certificates of insurance. 1.4 No acceptance and/or approval of any insurance by the Town shall be construed as relieving or excusing the Contractor, or the surety, or its bond, from any liability or obligation imposed upon either or both of them by the provisions of the Contract Documents. 1.5 The Town of Trophy Club (including its elected and appointed officials, agents, volunteers, and employees) is to be named as an additional insured under all coverages except Workers' Compensation, and the certificate of insurance, or the certified policy, if requested, must so state. Coverage afforded under this paragraph shall be primary as respects the Town, its elected and appointed officials, agents and employees. Waiver of subrogation shall be provided in favor of the Town on Workers’ Compensation and Auto Liability. 1.5.1 The following definition of the term "Town" applies to all policies issued under the contract: The Town Council of the Town of Trophy Club and any affiliated or subsidiary Board, Authority, Committee, or Independent Agency (including those newly constituted), provided that such affiliated or subsidiary Board, Authority, Committee, or Independent Agency is either a Body Politic created by the Town Council of the Town of Trophy Club, or one in which controlling interest is vested in the Town; and Town of Trophy Club Constitutional Officers. 1.6 The Contractor shall provide insurance as specified in the "Insurance Check List" (Check List) found on the last page of the bid or proposal form. Full limits of insurance required in the checklist of this agreement shall be available for claims arising out of this agreement with the Town of Trophy Club. 1.7 The Contractor covenants to save, defend, keep harmless and indemnify the Town and all of its elected or appointed officials, agents and employees (collectively the "Town") from and against any and all claims, loss, damage, injury, cost (including court costs and attorney's fees), charges, liability or exposure, however caused, resulting from or arising out of or in any way connected with the Contractor's performance or non-performance of the terms of the Contract Documents or its obligations under the Contract. This indemnification shall continue in full force and effect until the Contractor completes all of the work required under the Contract, except that indemnification shall continue for all claims involving products or completed operations after final acceptance of the work by the Town for which the Town gives notice to the Contractor after the Town’s final acceptance of the work. 1.8 The Contractor shall be responsible for the work performed under the Contract Documents and every part thereof, and for all materials, tools, equipment, appliances, and property of any and all descriptions used in connection with the work. The Contractor assumes all risks for direct and indirect damage or injury to the property or persons used or employed on or in connection with the work contracted for, and of all damage or injury to any person or property wherever located, resulting from any action, omission, commission or operation under the Contract, or in connection in any way whatsoever with the contracted work. 1.9 Insurance coverage required in these specifications shall be in force throughout the Contract Term. Should the Contractor fail to provide acceptable evidence of current insurance within seven (7) days of written notice at any time during the Contract Term, the Town shall have the absolute right to terminate the Contract without any further obligation to the Contractor, and the Contractor shall be liable to the Town for the entire additional cost of procuring performance and the cost of performing the incomplete portion of the Contract at time of termination. 1.10 The Contractor shall assume all on-the-job responsibilities as to the control of persons directly employed by it and of the subcontractors and any persons employed by the subcontractor. 1.11 Nothing contained in the specifications shall be construed as creating any contractual relationship between any subcontractor and the Town. The Contractor shall be as fully responsible to the Town for the acts and omissions of the subcontractors and of persons employed by them as it is for acts and omissions of persons directly employed by it. 1.12 Precaution shall be exercised by the Contractor at all times for the protection of persons, (including employees) and property. The Contractor shall be held responsible for any damage to property occurring by reason of its operation on the property. 1.13 Written requests for consideration of alternate coverages must be received by the Town at least ten (10) working days prior to the date set for receipt of bids or proposals. If the Town denies the request for alternative coverages, the specified coverages will be required to be submitted. 1.14 All required insurance coverages must be acquired from insurers authorized to do business in the State of Texas and acceptable to the Town. The Town prefers that all insurers also have a policyholder's rating of "A-" or better, and a financial size of "Class VI" or better in the latest edition of A.M. Best, or A or better by Standard and Poors, unless the Town grants specific approval for an exception, in the same manner as described in 1.13 above. 1.15 The Town will consider deductible amounts as part of its review of the financial stability of the bidder. Any deductibles shall be disclosed in the Check List and all deductibles will be assumed by the Contractor. Contractor/Vendor may be required to provide proof of financial ability to cover deductibles, or may be required to post a bond to cover deductibles. 2. Contractor's Insurance - "Occurrence" Basis: 2.1 The Contractor shall purchase all insurance coverages, including the terms, provisions and limits as shown in the contract documents. In the event of a conflict between insurance requirements specified herein, the requirement providing the greatest protection to the Town shall control. All insurance coverage shall be on an “occurrence” basis. COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-4-2005 Subject: Agenda Item No.B.4 Discuss and take appropriate action regarding an Ordinance canceling the May 7, 2005 election for the two (2) Council Members. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: lr Attachments: 1. Certification of Unopposed Candidates 2. Ordinance Certification of Unopposed Candidates By the Interim Town Secretary I, Lisa Ramsey, certify that I am the Interim Town Secretary of the Town of Trophy Club and the authority responsible for preparing the ballot for the May 7, 2005 general town election. I further certify that no proposition is to appear on the ballot at the election, no person has made a declaration of write-in candidacy, and all of the following candidates are unopposed: Scott Spence Council Member Roger Williams Council Member ______________________________ Interim Town Secretary Town of Trophy Club, Texas Dated the 4th day of April, 2005. TOWN OF TROPHY CLUB ORDINANCE NO. 2005 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2005-02 CALLING THE MAY 7, 2005 ELECTION BY CANCELING THAT PORTION OF THE MAY 7, 2005, ELECTION PROVIDING FOR THE ELECTION OF TWO (2) UNOPPOSED COUNCIL MEMBERS WITHOUT AFFECTING THAT PORTION OF ORDINANCE NO. 2005-02 CALLING THE MAY 7, 2005 ELECTION AND PROVIDING FOR THE ELECTION OF A MAYOR FOR A TWO (2) YEAR TERM TO THE TOWN COUNCIL; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING AN ISSUANCE OF CERTIFICATE OF ELECTION DECLARING EACH UNOPPOSED CANDIDATE ELECTED TO OFFICE; PROVIDING THAT THE REMAINDER OF ORDINANCE NO. 2005-02 SHALL CONTINUE IN FULL FORCE AND EFFECT AND THAT THE MAYORAL ELECTION CALLED BY SUCH ORDINANCE SHALL NOT BE AFFECTED BY THE AMENDMENT OF ORDINANCE NO. 2005-02; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 7, 2005, the Town Council of the Town of Trophy Club, Texas (the “Town”) passed and approved Ordinance No. 2005-02, which Ordinance ordered a General Election of the Town of Trophy Club, Texas, for the purpose of electing a Mayor and two (2) Council Members for two (2) year terms each to the Town Council; and WHEREAS, the Town secretary has certified in writing that no person has made a declaration of write-in candidacy for either of the two (2) Council Member seats, and that each of the two (2) Council Members on the ballot is unopposed for election to office; and WHEREAS, the filing deadlines for placement on the ballot and declaration of write-in candidacy have passed; and WHEREAS, no proposition is to appear on the ballot in that election in relations to the two (2) Council Members; and WHEREAS, in these circumstances Subchapter C of Chapter 2 of the Election Code authorizes a governing body to declare each unopposed candidate elected to office and cancel that portion of the election providing for two (2) Council members without affecting the portion of the Ordinance calling an election for the position of Mayor; and WHEREAS, that portion of Ordinance No. 2005-02 calling for the election of a Mayor remains unaffected by this Amendment to Ordinance No. 2005-02. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. ISSUANCE OF ELECTION CERTIFICATE The following candidates, who are unopposed in the May 7, 2005, general election, are hereby declared elected to office, and shall be issued a certificate of election: Scott Spence Council Member Roger Williams Council Member SECTION 3. MAYORAL ELECTION UNAFFECTED The Mayoral election called by Ordinance No. 2005-02 shall be unaffected by this Amendment to Ordinance No. 2005-02 and all such provisions of Ordinance No. 2005-02 applicable to the election generally and necessary for the calling and holding of the Mayoral election shall remain in full force and effect and are therefore unaffected by this Ordinance. SECTION 4. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 5. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase 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 it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 6. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to post a copy of Ordinance No. 2005-02 and this ordinance at each designated polling place on May 7, 2005. SECTION 7. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. SECTION 8. EFFECTIVE DATE That this Ordinance shall be in full force and effect from and after its date of passage, in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 4th day of April, 2005. Mayor Town of Trophy Club, Texas Effective Date: [SEAL] ATTEST: Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Town Attorney Town of Trophy Club, Texas COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-4-2005 Subject: Agenda Item No.B.5 Discuss and take appropriate action regarding an ordinance repealing Town Ordinance No. 2004-09, and adopting new provisions relating to auto theft prevention. EXPLANATION: RECOMMENDATION: Staff Recommends Approval ACTION BY COUNCIL: (Initials) Attachments: 1. Information Memorandum 2. Resolution 3. Ordinance 4. Memo from Tarrant Auto Task Force TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2005-___ AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING ORDINANCE NO. 2004-09 RELATING TO TRAFFIC AND STREET CONTROL REGULATIONS AND ADOPTING NEW PROVISIONS RELATING TO TRAFFIC AND STREET CONTROL REGULATIONS; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING DEFINITIONS; PROVIDING FOR A MAXIMUM RATE OF SPEED FOR VEHICLES OF THIRTY (30) MILES PER HOUR WITHIN THE TOWN AND TWENTY (20) MILES PER HOUR WITHIN A CERTAIN DISTANCE OF SCHOOLS AND DURING SPECIFIC HOURS; PROVIDING FOR THE DESIGNATION OF SCHOOL ZONES; PROVIDING FOR THE POSTING OF SPEED LIMIT AND SCHOOL ZONE SIGNS; PROVIDING FOR THE POSTING OF STOP SIGNS; PROVIDING FOR THE POSTING OF STOP LIGHTS; REGULATING THE CONSTRUCTION OF STRUCTURES WHICH MIGHT IMPACT VISIBILITY ON THE ROADWAY; PROVIDING PARKING REGULATIONS; PROHIBITING THE PARKING OF MOTOR VEHICLES ON PUBLIC HIGHWAYS, STREETS AND OTHER RIGHTS- OF-WAY BETWEEN THE HOURS OF 3:00 A.M. AND 5:00 A.M. EACH DAY; PROVIDING REGULATIONS FOR OVERWEIGHT VEHICLES; PROVIDING FOR PERMITS; PROVIDING FOR WEIGHTS OF LOADS; PROVIDING FOR THE WEIGHING OF LOADED VEHICLES BY POLICE OFFICERS; PROVIDING PROCEDURES FOR THE TRANSPORTATION OF SOLID WASTE; PROVIDING PROCEDURES FOR THE TRANSPORTATION OF READY MIXED CONCRETE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER ORDINANCES AFFECTING SPEED OF MOTOR VEHICLES, TRAFFIC CONTROL DEVICES, OBSTRUCTION OF VIEW, PARKING, AND OVERWEIGHT VEHICLES EXCEPT TO THE EXTENT OF CONFLICT HEREWITH; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PUBLICATION CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING AN ENGROSSMENT AND ENROLLMENT CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 16, 2004, the Town Council of the Town of Trophy Club, Texas, approved Ordinance No. 2004-09adopting new provisions relating to traffic and street control regulations; and WHEREAS, since the passage of Ordinance No. 2004-09, the Town has evaluated the regulations regarding parking of unattended motor vehicles and WHEREAS, the Town has determined it to be in the best interest of the Town and its residents to amend Section VI “Parking” adding section (I) Unattended Motor Vehicles to Ordinance No. 200409 Prohibiting the parking of an unattended vehicle with the engine running or key in the ignition. WHEREAS, the changes to Section VI “Parking” (I) “Unattended Motor Vehicles” of Ordinance No. 2004-09 now requires amendments to Ordinance No. 2004-09; and WHEREAS, the Town Council hereby finds that the repeal of Ordinance No. 2004-09 and the adoption of this Ordinance is in the best interests of the health, safety and welfare of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: I. INCORPORATION OF PREAMBLE That the above and foregoing preamble is true and correct and is incorporated herein as if copied herein in its entirety. II. DEFINITIONS When used in this Ordinance, the following words and phrases shall have the respective meanings ascribed to them: “Alley” means a street that is not used primarily for through traffic and provides access to rear entrances of buildings or lots along a street. “Chief” or “Chief of Police” means the Chief of Police of the Town of Trophy Club, Texas. or his or her designee. “Commercial motor vehicle” means any motor vehicle other than a motorcycle, designed or used for the transportation of property, including every vehicle used for delivery purposes. “Motor Vehicle” means every vehicle, as herein defined, which is self-propelled. “Semi-trailer” means every vehicle of the trailer type so designed or used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another motor vehicle. “Stoplight” means a traffic control signal displaying different colored lights or colored lighted arrows successively or in a combination, and may display only green, yellow, or red and applies to operators of vehicles as provided by the Texas Transportation Code. “Street” means every street, road and alley within the Town of Trophy Club, Texas, exclusive of state highways within the Town. “Trailer” means every vehicle without motor power designed or used for carrying property or passengers wholly on its own structure and to be drawn by a motor vehicle. “Truck-tractors” means every motor vehicle designed or used primarily for drawing other vehicles, and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn, except that is engaged with a semi-trailer in the transportation of automobiles, and that transports motor vehicles on part of the truck-tractor. “Vehicle” means every mechanical device in, upon or by which any person or property is or may be transported or drawn upon a public highway, including motor vehicles, commercial motor vehicles, truck-tractors, trailers, and semi-trailers, severally, as hereinafter defined, but excepting devices moved by human power or used exclusively upon stationary rails or tracks. III. SPEED OF VEHICLES A. Maximum speed. 1. Except as provided by Section IV.(E) of this Ordinance, no person shall drive a vehicle on a street or highway within the Town at a speed greater than is reasonable and prudent under the circumstances then existing. 2. The maximum rate of speed on all of the streets, roads and highways within the corporate limits of the Town shall be thirty (30) miles per hour, except in designated school zones as provided herein. 3. The maximum rate of speed on all of the alleys within the corporate limits of the Town shall be (15) fifteen miles per hour. B. School Zones. The following areas, streets or portions thereof shall be designated special speed zones and it shall be unlawful for any person to drive any vehicle thereon at a speed greater than twenty (20) miles per hour during the designated times: 1. On Village Trail Road from the 0 block to the 300 block, between the hours of 7:00 a.m. and 9:00 a.m. and between the hours of 2:00 p.m. and 3:30 p.m. on school days. 2. On Trophy Lake Drive at the corner of Trophy Club Drive to 300 feet south of Village Trail Road, between the hours of 7:00 a.m. and 9:00 a.m. and between the hours of 2:00 p.m. and 3:30 p.m. on school days. 3. On Marshall Creek Road from the most western Town limits sign to 300 feet east of Parkview Drive, between the hours of 7:00 a.m. and 9:30 a.m. and between the hours of 2:30 p.m. and 4:30 p.m. on school days. 4. On Parkview Drive from the intersection of Marshall Creek Road, south to Durango Drive between the hours of 7:00 a.m. and 9:30 a.m. and between the hours of 2:30 p.m. and 4:30 p.m. on school days. C. Signs. Speed limit and school zone signs in conformity with the manual and specifications for uniform traffic control devices as adopted by the State Highway Commission shall be and hereby are directed to be erected at the appropriate locations as determined by the Chief of Police. IV. TRAFFIC CONTROL DEVICES A. Uniformity of traffic control devices; conformance to manual. All traffic control devices including signs, signals and markings (pavement and/or curb) installed or used for the purpose of directing and controlling traffic within the Town shall conform with the Texas Manual on Uniform Traffic Control Devices for Streets and Highways adopted by the State Highway Commission (the “Manual”). As required by §544.002, TEX. TRANSP. CODE ANN. (Vernon 1998), all signs, signals and markings erected or used by the Town shall be uniform, and shall be located throughout the Town in conformity with the directions shown in the Manual as far as practicable. B. Stop signs. Stop signs shall be erected at the following intersections and such intersections are hereby designated as stop intersections. Every driver of a vehicle approaching a stop intersection shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of the approaching traffic on the intersecting roadway before entering the intersection, except when directed to proceed by a police officer or traffic control signal. The stop intersections and locations of stop signs shall be as follows: 1. At the corner of every street or court intersecting with and entering onto Trophy Club Drive. 2. At the corner of every street or court intersecting with and entering onto Indian Creek Drive. 3. At the corner of every street or court intersecting with and entering onto Village Trail Drive. 4. At the northeast corner of the intersection of Indian Creek Drive and Trophy Wood Drive facing east on Indian Creek Drive. 5. At the southwest corner of the intersection of Indian Creek Drive and Trophy Wood Drive facing west on Indian Creek Drive. 6. At the southeast corner of the intersection of Indian Creek Drive and Trophy Wood Drive facing south on Trophy Wood Drive. 7. At the northeast corner of the intersection of Inverness Drive and Forest Hill Drive facing east on Inverness Drive. 8. At the northeast corner of the intersection of Phoenix Drive and Pebble Beach Drive facing east on Phoenix Drive. 9. At the northeast corner of the intersection of Carnoustie Drive and Oakmont Drive facing east on Carnoustie Drive. 10. At the northwest corner of the eastern most section of the intersection of Seminole Drive and Fresh Meadow Drive facing north on Seminole Drive. 11. At the northeast corner of the intersection of Pin Oak Drive and Trophy Wood Drive facing east on Pin Oak Drive. 12. At the northeast corner of the intersection of Pebble Beach Drive and Trophy Wood Drive facing east on Pebble Beach Drive. 13. At the southwest corner of the intersection of Pebble Beach Drive and Trophy Wood Drive facing west on Pebble Beach Drive. 14. At the northeast corner of the intersection of Inverness Drive and Trophy Wood Drive facing east on Inverness Drive. 15. At the southwest corner of the intersection of Inverness Drive and Trophy Wood Drive facing west on Inverness Drive. 16. At the northwest corner of the intersection of Michelle Court and Indian Creek Drive facing north on Michelle Court. 17. At the southeast corner of the intersection of Brook Hollow Lane and Indian Creek Drive facing northeast on Indian Creek Drive. 18. At the southeast corner of the intersection of St. Andrews Court and Indian Creek Drive facing southwest on St. Andrews Court. 19. At the southeast corner of the intersection of Lake Forest Court and Indian Creek Drive facing southwest on Lake Forest Court. 20. At the southeast corner of the intersection of Turnbury Court and Indian Creek Drive facing southwest on Turnbury Court. 21. At the southeast corner of the intersection of Glen Eagles Court and Indian Creek Drive facing southwest on Glen Eagles Court. 22. At the northeast corner of the intersection of Woodlands Court and Indian Creek Drive facing east on Woodlands Court. 23. At the northeast corner of the intersection of Shady Oaks Court and Indian Creek Drive facing east on Shady Oaks Court. 24. At the northeast corner of the intersection of Ross Court and Indian Creek Drive facing east on Ross Court. 25. At the northwest corner of the most easterly intersection of Fair Green Drive and Indian Creek Drive facing north on Fair Green Drive. 26. At the northwest corner of the most westerly intersection of Fair Green Drive and Indian Creek Drive facing north on Fair Green Drive. 27. At the northeast corner of the intersection of Sunrise Court and East Hillside Place facing east on Sunrise Court. 28. At the northeast corner of the intersection of Greenhill Trail South and East Hillside Place facing east on Greenhill Trail South. 29. At the northeast corner of the intersection of Crestwood Drive and East Hillside Place facing east on Crestwood Drive. 30. At the southeast corner of the intersection of Rockwood Drive and Crestwood Drive facing south on Rockwood Drive. 31. At the southwest corner of the intersection of Overhill Drive and Skyline Drive facing west on Overhill Drive. 32. At the southwest corner of the most southerly intersection of Panorama Trail and Skyline Drive facing west on Panorama Trail. 33. At the northeast corner of the intersection of Panorama Court and Skyline Drive facing east on Panorama Court. 34. At the southwest corner of the most northerly intersection of Panorama Trail and Skyline Drive facing west on Panorama Trail. 35. At the northwest corner of the intersection of Brookfield Drive and Creek Courts Drive facing north on Brookfield Drive. 36. At the northwest corner of the intersection of Oakmont Drive and Creek Courts Drive facing north on Oakmont Drive. 37. At the southeast corner of the intersection of Cimarron Drive and Sonora Drive facing south on Cimarron Drive. 38. At the southwest corner of the intersection of Trophy Club Drive and Indian Creek Drive facing west and controlling traffic on Trophy Club Drive. 39. At the northeast corner of the intersection of Trophy Club Drive and Michelle Court facing east and controlling traffic on Trophy Club Drive. 40. At the northwest corner of Overhill Drive and Timber Ridge Drive facing north on Overhill Drive. 41. At the southwest corner of Timber Ridge Drive and Skyline Drive facing west on Timber Ridge Drive. 42. At the northwest corner of Rockwood Drive and Meadowbrook Lane facing north on Rockwood Drive. 43. At the northeast corner of Greenleaf Drive and Meadowbrook Lane facing southeast on Greenleaf Drive. 44. At the southeast corner of Timberline Drive and Greenleaf Drive facing east on Timberline Drive. 45. At the northeast corner of Timber Ridge Drive and Greenhill Drive facing east on Timber Ridge Drive. 46. At the northwest corner of Greenleaf Drive and Timberline Drive facing north on Greenleaf Drive. 47. At the southwest corner of Trophy Wood extension at T. W. King Road facing west on Trophy Wood Drive. 48. At the southeast corner of Lake Forest Drive and Cypress Court facing south on Lake Forest Drive. 49. At the northwest corner of Summit Cove and Municipal Drive facing north on Summit Cove. 50. At the northwest corner of Hill Top Lane and Oak Hill Drive facing north on Oak Hill Drive. 51. At the southwest corner of Oak Hill Drive and Oak Hill Drive facing west; this street circles around into itself. 52. At the northeast corner of Oak Village Court and Oak Hill Drive facing east on Oak Village Court. 53. At the northwest corner of Carnoustie Drive and Wilshire Drive facing north on Carnoustie Drive. 54. At the southeast corner of Portland Drive and Wilshire Drive facing south on Portland Drive. 55. At the southeast corner of Berkshire Drive and Portland Drive facing southwest on Berkshire Drive. 56. At the southeast corner of Winding Creek Court and Creek Courts Drive facing south on Winding Creek Court. 57. At the northeast corner of Palmetto Court and Oakmont Drive facing east on Palmetto Court. 58. At the southwest corner of Oakmont Drive and Oakmont Drive facing west; this street circles around into itself. 59. At the southwest corner of Shasta Drive and Trophy Lake Drive facing west on Shasta Drive. 60. At the northwest corner of Llano Drive and Shasta Drive facing north on Llano Drive. 61. All four corners where Cimarron Drive and Shasta Drive intersect. 62. At the southeast corner of Shasta Drive and Alamosa Drive facing south on Shasta Drive. 63. At the southeast corner of Pagosa Court and Sonora Drive facing south on Pagosa Court. 64. At the southeast corner of Palo Duro Court and Sonora Drive facing south on Palo Duro Court. 65. At the southeast corner of Mesa Verde Court and Sonora Drive facing south on Mesa Verde Court. 66. At the southeast corner of Salida Drive and Chimney Rock Drive facing south on Salida Drive. 67. At the southeast corner of Sonora Drive and Monterey Drive facing south on Sonora Drive. 68. At the northwest corner of Silver Rock Drive and Chimney Rock Drive facing north on Silver Rock Drive. 69. At the southwest corner of Monterey Drive and Silver Rock Drive facing west on Monterey Drive. 70. At the southeast corner of Silver Rock Drive and Durango Drive facing south on Silver Rock Drive. 71. At the northeast corner of Chimney Rock Drive and Sonora Drive facing east on Chimney Rock Drive. 72. At the corner of every court intersection with and entering onto Creek Courts Drive. 73. At the southeast corner of the intersection of Sunset Drive and Portland Drive facing south on Sunset Drive. 74. At the northeast corner of the intersection of Oak Village Lane and Oak Hill Drive facing east on Oak Village Lane. 75. At the southwest corner of the intersection of Jaime Court and Trophy Wood Drive facing west on Jaime Court. 76. At the southwest corner of the intersection of Fairway Village and Fresh Meadow Court facing west on Fairway Village. 77. At the southeast corner of the intersection of Village Way and Fairway Village facing south on Village Way. 78. At the northeast corner of the intersection of Jennifer Court and Michelle Court facing east on Jennifer Court. 79. At the northwest corner of the intersection of Hill Lane and Oak Hill Drive facing west on Hill Lane. 80. At the southeast corner of the intersection of Glenwick Court and Meadow Ridge Drive facing south on Glenwick Court. 81. At the southeast corner of the intersection of Glen Hurst Court and Meadow Ridge Drive facing south on Glen Hurst Court. 82. At the northwest corner of the intersection of Ridgewood Drive and Meadow Ridge Drive facing north on Ridgewood Drive. 83. At the southeast corner of the intersection of Briarwood Court and Meadow Ridge Drive facing south on Briarwood Court. 84 At the southeast corner of the intersection of Meadow Lake Drive and Avalon Drive facing west on Meadow Lake Drive. 85. At the northwest corner of the intersection of Lakewood Drive and Avalon Drive facing north on Avalon Drive. 86. At the northeast corner of the intersection of Silver Rock Drive and McKenzie Drive facing east on Silver Rock Drive. 87. At the southwest corner of the northern most intersection of Lakeview Drive and Lake Shore Drive facing west on Lakeview Drive. 88. At the southwest corner of the southern most intersection of Lakeview Drive and Lakeshore Drive facing west on Lakeview Drive. 89. At the southeast corner of the intersection of Parkway Court and Park Lane facing south on Parkway Court. 90. At the southwest corner of the intersection of Park Lane and Parkview Drive facing west on Park Lane. 91. At the southeast corner of the intersection of Cimarron Court and Cimarron Drive facing west on Cimarron Court. 92. At the northeast corner of the intersection of Round Rock Court and Llano Drive facing east on Round Rock Court. 93. At the northeast corner of the intersection of Paint Rock Court and Llano Drive facing east on Paint Rock Court. 94. At the southwest corner of the intersection of Village Trail and Trophy Lake Drive facing west on Village Trail. 95. At the southeast corner of the intersection of Colonial Court and Cypress Court facing south on Colonial Court. 96. At the northwest corner of the intersection of Gentry Court and Fresh Meadow Drive facing north on Gentry Court. 97. At the northeast corner of the intersection of Hanna Court and Trophy Wood Drive facing east on Hanna Court. 98. At the corner of every street or court intersection with and entering onto Durango Drive. 99. At the corner of every street or court intersection with and entering onto Skyline Drive. 100. At the northeast corner of the intersection of Panorama Circle going west and Panorama Circle going north. 101. At the northwest corner of the intersection of Spyglass Court and Hogan’s Drive facing north on Spyglass Court. 102. At the northwest corner of the intersection of Hayes Court and Hogan’s Drive facing north on Hayes Court. 103. At the northwest corner of the intersection of Hamper Court and Hogan’s Drive facing north on Hamper Court. 104. At the northwest corner of the intersection of Spyglass Court and Cypress Court facing north on Spyglass Court. 105. At the southeast corner of the intersection of Spyglass Court and Hogan’s Drive facing south on Spyglass Court. 106. At the northeast corner of the intersection of Stephen’s Court and Hogan’s Drive facing east on Stephen Court. 107. At the northwest corner of the intersection of Edgemere Court and Drive facing northeast on Edgemere Court. 108. At the northwest corner of the intersection of Clear Vista Drive and Court facing north on Clear Vista Drive. 109. At the northwest corner of the intersection of Lakeview Drive and Lakeshore Drive facing north on Lakeshore Drive. 110. At the southwest corner of the intersection of Lakeview Drive and Lakeshore Drive facing west on Lakeview Drive. 111. At the southeast corner of the intersection of Lakeview Drive and Lakeshore Drive facing south on Lakeshore Drive. 112. At the southwest corner of the intersection of Parkview Drive and Durango Drive facing west on Durango Drive. 113. At the northeast corner of the intersection of Parkview Drive and Durango Drive facing east on Durango Drive. 114. At the northeast corner of the intersection of Durango Drive and Village Trail facing east on Durango Drive. 115. At the southwest corner of the intersection of Durango Drive and Village Trail facing west on Durango Drive. 116. At the northeast corner of the intersection of Trophy Club Drive and Trophy Lake Drive facing east on Trophy Club Drive. 117. At the southwest corner of the intersection of Trophy Club Drive and Trophy Lake Drive facing west on Trophy Club Drive. 118. At the northwest corner of the intersection of Trophy Wood Drive and Inverness Drive facing north on Trophy Wood Drive. 119. At the southeast corner of the intersection of Trophy Wood Drive and Inverness Drive facing south on Trophy Wood Drive. C. Stoplights. Stoplights shall be erected at the following intersections and such intersections are hereby designated as stop intersections. An operator of a vehicle facing only a steady red signal shall stop at a clearly marked stop line. In the absence of a stop line, the operator shall stop before entering the crosswalk on the near side of the intersection, except when directed to proceed by a police officer or traffic control signal. The stop light intersections and locations of stoplights shall be as follows: 1. At the intersection of Trophy Club Drive and State Highway 114. 2. At the intersection of Trophy Lake Drive and State Highway 114. D. Compliance. The driver of any vehicle shall obey the instructions of any official traffic control device, sign, signal or marking applicable thereto placed in accordance with this Ordinance or other traffic ordinances of the Town, unless otherwise directed by a police officer, subject to the exceptions herein granted the driver of an authorized emergency vehicle. E. Exceptions as to authorized emergency vehicles. 1. The driver of an authorized emergency vehicle, as the term “authorized emergency vehicle” is defined by §541.201, TEX. TRANSP. CODE (Vernon 1998), when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm, may exercise the privilege set forth in this section, but subject to the conditions herein stated and subject to other applicable ordinances of the Town. 2. The driver of an authorized emergency vehicle may: (a) Park or stand, irrespective of the provisions of this or any other ordinance of the Town; (b) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation; (c) Exceed the prima facie speed limits so long as he does not endanger life or property; and (d) Disregard regulations governing direction of movement or turning in specified directions. 3. The exemption herein granted to an authorized emergency vehicle shall apply only when the driver of any such vehicle in motion sounds an audible signal by bell, siren, or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one lighted lamp displaying a red light visible under normal atmospheric conditions from a distance of at least five hundred (500) feet to the front of such vehicle, except that an authorized vehicle operated as a police vehicle need not be equipped with or display a red light from in front of the vehicle. F. Display of unauthorized device. 1. No person shall place, maintain, or display upon or in view of any highway, street or alley any unauthorized sign, signal, marking, or device, whether one or more which purports to be or is an imitation of or resembles an official traffic control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal. 2. No person shall place or maintain nor shall any public authority permit upon any highway, street or alley any traffic sign or signal bearing thereon any commercial advertising. 3. This subsection (F) shall not be deemed to prohibit the erection upon private property adjacent to highways, streets or alleys of signs giving useful directional information and of a type that cannot be mistaken for official signs. 4. Every such prohibited sign, signal or marking is hereby declared to be a public nuisance, and the Chief of Police or his authorized representative is hereby empowered to remove the same or cause it to be moved without notice. G. Interference. No person shall without lawful authority attempt to or in fact alter, deface, injure, knock down or remove any official traffic control device, sign or signal or any railroad sign or signal or any inscription, shield, or insignia thereon, or any part thereof. H. Manual Operation by School Crossing Guards. 1. The school crossing guards officially designated by the Chief of Police are hereby invested with the authority to manually operate traffic control signals, pursuant to §542.202, TEX. TRANSP. CODE ANN. (Vernon 1998), by which traffic is alternately directed to stop and permitted to proceed. 2. Pursuant to §542.501, TEX. TRANSP. CODE ANN. (Vernon 1998), it shall be unlawful for any person to willfully fail or refuse to comply with a traffic-control signal operated by a school crossing guard. I. Installation and maintenance generally. The Chief of Police, or a person under the direct supervision and authority of the Chief of Police, shall place and maintain traffic control signs, signals and devices when and as required under this Ordinance or other traffic ordinances of this Town to make effective the provision of this Ordinance or other ordinances, and may place and maintain such additional traffic control devices as he may deem necessary to regulate traffic under this Ordinance or other traffic ordinances of this Town or under state law, or to guide or warn traffic. J. Same-Evidence of authority. It being unlawful for any person other than the Chief of Police, or a person acting under his supervision and control and pursuant to an ordinance of the Town, to install or cause to be installed any signal, sign or device purporting to direct the use of the streets or the activities on those streets of pedestrians, vehicles, motor vehicles, or animals, proof, in any prosecution for a violation of this Ordinance or any traffic Ordinance of the Town, that any traffic control device, sign signal or marking was actually in place on any street shall constitute prima facie evidence that the same was installed by the Chief of Police or under his authority and supervision pursuant to the authority of this Ordinance or of another Ordinance directing the installation of such device, signal or marking. K. Emergency signs. Two emergency signs shall be located on Trophy Club Drive. The sign for northbound traffic shall be located 242 feet south of the intersection of Trophy Club Drive and Municipal Drive on the east side of Trophy Club Drive. The sign for southbound traffic shall be located 343 feet north of the intersection of Trophy Club Drive and Municipal Drive in the center median of Trophy Club Drive. V. IMPAIRING VISIBILITY A. Prohibition. No object or combination of objects, including but not limited to any structure, fence, wall, screen, hedge, tree, bush, shrub, billboard or mound of earth, terrace, bank or barrier shall be erected, placed, planted or maintained on any corner lot in such a manner as to create a traffic hazard by obstructing the view of the drivers of motor vehicles using the streets adjacent thereto. B. Exceptions. Natural existing terrain which cannot be removed by reasonable landscaping techniques, including retaining walls constructed below or at the same grade line of such natural existing terrain, shall be excluded from the objects otherwise prohibited as stated within Section V.(A). C. Presumption. An object, or combination of objects, erected, placed, planted or maintained on a corner lot or parkway adjacent thereto so as to interfere with the visual line of sight at an elevation between two and one-half (2-1/2) feet above the top of the adjacent roadway curb and eight (8) feet above the top of the adjacent street curb, or if there is no curb then from the average street grade, within a triangular area formed by the intersection of the adjacent street curb lines and a point on each such right-of-way line thirty-five (35) feet from the intersection, shall be prima facie evidence that said object, or combination of objects, so erected, placed, planted or maintained is an obstruction constituting a traffic hazard. D. Removal. Any object, or combination of objects, place, erected, planted or maintained in violation of this Ordinance, shall be removed within ten (10) days of receipt of written notice by certified mail from the Chief of Police or his representative, to the owner, agent or occupant of the premises where such obstruction has been erected, placed, planted or maintained. VI. PARKING A. Definitions. For purposes of this Section VI, the terms below shall mean as follows: 1. “Approved paved surface” means a surface on which off street parking is permitted as authorized by and set forth in the Town Comprehensive Zoning Ordinance and other applicable ordinances of the Town. 2. “Recreational vehicle” means self-propelled living quarters equipped or used for sleeping and eating which may be moved from one location to another over a public street. 3. “Stand’ or “park” means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers. B. Parking of vehicles prohibited. It shall be unlawful for any person to leave, park or stand a motor vehicle, mobile home, motor home, recreational vehicle, trailer or boat upon the following portions of the specified public streets located within the Town: 1. Indian Creek Drive between its intersection with Trophy Club Drive and Heritage Court; 2. Along the south bound and west bound lanes of Indian Creek Drive between Timberline Drive and Hillcrest Court; 3. Trophy Club Drive between its intersection with State Highway 114 and Avenue Twenty; provided, however, that there shall be excluded from this portion of the public street that area which lies between median number two and median number three along Trophy Club Drive and adjacent to the Town information/map sign (the said area being located approximately one-fourth mile from the intersection of Trophy Club Drive and State Highway 114), and which area is designated and marked by striping or otherwise as a parking area where vehicles may park, stop or stand for no more than five (5) minutes for the purpose of reviewing the said information/map sign; 4. Trophy Lake Drive; 5. Along the south side of the entire length of Fairway Village Drive; and 6. Along the south side of the entire length of Summit Cove Drive. 7. Along the East Side of Parkview Drive from Durango Drive to Marshall Creek Road between the hours of 7:00 A.M. and 9:30 A.M. and between the hours of 2:30 P.M. and 4:30 P.M. on school days. C. Parking on unapproved surface. A person commits an offense if he stops, stands or parks a motor vehicle on a lot, unless the vehicle is on an approved paved surface. D. Exception for emergency vehicles. All emergency vehicles shall be exempt from the restrictions as set forth in subsection (B) and (C) hereof. Emergency vehicles shall include ambulances, fire trucks and equipment, police vehicles and all governmental vehicles used for necessary governmental purposes. E. Overnight parking. 1. Prohibition. It shall be unlawful for any person to stand or park any motor vehicle, trailer, mobile home, motor home or boat along or upon any public highway, street, alley or other public right-of-way located within the Town between the hours of 3:00 a.m. and 5:00 a.m. each day. This prohibition shall not be applicable to any motor vehicle which is being used for emergency purposes, to the operation of any motor vehicle being used by a utility company for repair purposes, or to any governmental vehicle being used for necessary governmental purposes. 2. Authority to park with permit; out of town guests. Any person who desires to stand or park a vehicle upon a public highway, street, alley or other public right-of-way between the hours of 3:00 a.m. and 5:00 a.m. may purchase a permit authorizing the same from the Permit Department, provided there are four (4) or more vehicles in the household of the person requesting the permit. One permit shall be issued for each vehicle for which a permit is requested, which permit shall be permanently affixed to the left side of the back (rear) window so that it is plainly visible to a person standing outside of the vehicle, or if there is no back (rear) window, in a place where the said permit is plainly visible. Each permit shall be a non-transferrable permit issued to the individual who owns the vehicle that will be parked on the public highway, street, alley or other public right-of- way. The permit shall remain in effect until the vehicle is sold or otherwise transferred to a third party. At the time of sale or transfer of the vehicle, such permit shall be void. A fee of fifty dollars ($50.00) per vehicle shall be charged for the issuance of a permit. It shall not be a violation of this Ordinance for a nonresident of the Town, while visiting a resident of the Town, to park or stand a vehicle owned or controlled by the non-resident on a public street, highway or other public right-of-way between the hours of 3:00 a.m. and 5:00 a.m., provided that notice of such parking or standing is given to the Chief of Police or the Permit Department by no later than 5:00 p.m. of the immediately previous day. Such parking or standing shall not exceed seven (7) consecutive days nor a total of fourteen (14) days in any one calendar month. Any vehicle parked as permitted by this section shall be parked directly in front of the residence being visited in such a manner as not to obstruct access to the private driveways of neighboring residents. F. Presumption. It is presumed that the registered owner of an unattended or unoccupied vehicle parked, stopped or standing in violation of this Ordinance illegally parked such vehicle. The records of the State Highway Department or the County Highway License Department showing the name of the person to whom the State highway license was issued is prima facie evidence of ownership by the named individual. G. Parking for handicapped persons. 1. The Town of Trophy Club or any private property owner within the Town, who voluntarily designates a parking space or area specifically for a person who is disabled by reason of mobility problems that substantially impairs the person’s ability to ambulate or who is legally blind, must post a sign that conforms to the design established and approved by the State Department of Highways and Public Transportation and the space or spaces provided must conform to the width requirements set by the Department. 2. Any vehicle displaying a symbol, table, or other device authorized by the State Department of Highways and Public Transportation and issued to the operator thereof for use in transporting a disabled person, when operated by or for the transportation of such disabled person, shall be allowed to park for unlimited periods in any parking space or parking area designated specifically for the physically handicapped. Such vehicle, being properly marked as provided by such statute, is exempt from the payment of fees or penalties imposed by any ordinance of the City for parking at a meter or in a space with a limitation on the length of time for parking, unless the vehicle was not parked at the time by or for the transportation of a disabled person. This exemption does not apply to fees or penalties imposed by a branch of the Unites States Government. This section does not permit parking a vehicle at a place or time that parking is prohibited. 3. A person commits an offense if the person is neither temporarily or permanently disabled nor transporting a temporarily or permanently disabled person and parks a vehicle with such special device or displaying a temporarily disabled person identification card in any parking space or parking area designated specifically for the disabled. A person commits an offense if the person parks a vehicle neither displaying the special device nor displaying a temporarily disabled person identification card in a parking space or parking area designated specifically for the disabled. An offense under this section is punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00). H. Parking prohibited in specified places. Except where necessary to avoid conflict with other traffic, or in compliance with law or the direction of a police officer or official traffic control device, no person shall stop, stand or park a vehicle: 1. Between a safety zone or fire lane and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings. 2. Adjacent to a fire hydrant within ten (10) feet of points on the curb directly adjacent to a fire hydrant, unless a different length is indicated by signs or markings I. Unattended Motor Vehicles It shall be unlawful and a violation of the provisions of this Ordinance for any person to cause, allow, permit or suffer any vehicle registered in the name of or operated by such person; 1. To be parked and unattended upon any street or highway, or on public or private property accessible to the public, with the engine running or key in the ignition. It is an exception if the unattended vehicle is parked in a private, single- family, residential driveway, or that an unattended vehicle in any off-street location is rendered un-drivable by an anti-theft device with no key in the ignition. VII. OVERWEIGHT VEHICLES A. Weights and loads of vehicles; special permits. 1. Prohibition. Except as otherwise provided by law, no person may drive, operate, or move, nor may the owner cause or permit to be driven, operated or moved, on any street, any vehicle or vehicles of a weight exceeding the limitations stated in this Section VII, or transport thereon any load or loads exceeding the weight prescribed in this Section VII. Permit; fee. The Town Council may issue permits limited to periods of ten (10) days or less for the transportation over Town streets of overweight commodities which cannot be reasonably dismantled or for the operation over the Town streets of superheavy equipment for the transportation of overweight commodities which cannot be reasonably dismantled. A permit fee of $50.00 shall be charged for each vehicle transporting over Town streets overweight commodities which cannot be reasonably dismantled or for the operation over Town streets of superheavy equipment for the transportation of overweight commodities which cannot be reasonably dismantled. The owner or operator of such vehicles may apply to the Permit Department for said permit. Each permit shall contain the name of the owner or operator of the vehicle, the weight which the vehicle is carrying, the vehicle identification number, and any other information deemed necessary by the Town Council. The Town Council shall designate the route within the Town to be used by said vehicles operating over the Town streets. B. Weight of load. 1. Except as otherwise provided by law, no commercial motor vehicle, truck-tractor, trailer or semi-trailer, nor combination of such vehicles shall be operated over, on or upon Town streets, having a weight in excess of one or more of the following limitations: (a) No such vehicle nor combination of vehicles shall have a greater weight than twenty thousand (20,000) pounds carried on any one axle, including all enforcement tolerances; or with a tandem axle weight in excess of thirty-four thousand (34,000) pounds, including all enforcement tolerances; or with an overall gross weight on a group of two or more consecutive axles produced by application of the following formula: W=500((LN/(N-1)) + 12 + 36 where W = overall gross weight on any group of two or more consecutive axles to the nearest 500 pounds, L = distance in feet between the extreme of any group of two or more consecutive axles, and N = number of axles in group under consideration, except that two consecutive sets of tandem axles may carry a gross load or 34,000 pounds each providing the overall distance between the first and last axles of such consecutive sets of tandem axles is thirty-six (36) feet or more; provided that such overall gross weight may not exceed eighty thousand (80,000) pounds, including all enforcement tolerances. (b) No such vehicle nor combination of vehicles shall have a greater weight than six hundred (600) pounds per inch width of tire upon any wheel concentrated upon the surface of the Town street and using high-pressure tires, and a greater weight than six hundred and fifty (650) pounds per inch width of tire upon any wheel concentrated upon the surface of the highway and using low-pressure tires, and no wheel shall carry a load in excess of eight thousand (8,000) pounds on high-pressure tires and ten thousand (10,000) pounds on low-pressure tires, nor any axle a load in excess of sixteen thousand (16,000) pounds on high-pressure tires, and twenty thousand (20,000) pounds on low-pressure tires. (c) In this subsection, an axle load is defined as the total load transmitted to the road by all wheels whose centers may be included between two (2) parallel transverse vertical planes forty (40) inches apart, extending across the full width of the vehicle. Tandem axle group is defined as two (2) or more axles spaced forty (40) inches or more apart from center to center having at least one (1) common point of weight suspension. 2. No person shall load, or cause to be loaded, a vehicle for operation on the Town streets with the intent to violate the weight limitations in subsection B.(1) of this Section VII. Intent to violate those limitations is presumed if the loaded vehicle exceeds the applicable gross vehicular weight limit by 15 percent or more. This subsection B.(2) does not apply to the loading or causing to be loaded of an agricultural or a forestry commodity prior to the processing of the commodity. 3. The load limits established by this subsection B. shall be posted by appropriate signs within the Town by the Chief of Police or his designated representative prior to the enforcement of any of the provision hereof. C. Application for registration to show weight and maximum load; license receipt; penalty for violation. When any person, firm or corporation desires to operate over any Town street any vehicle that cannot comply with one or more of the weight restrictions contained in this Section VII, the Permit Department may, as an alternative to any other procedure authorized by law, upon application issue a permit for the movement of such vehicle, when the Permit Department is of the opinion that the same may be moved without material damage to the street or road. Upon application for a permit for any commercial motor vehicle, truck-tractor, trailer or semi-trailer, the applicant shall deliver to the Permit Department an affidavit, duly sworn to before an officer authorized to administer oaths, showing the weight of said vehicle, the maximum load to be transported thereon, and the total gross weight for which said vehicle is to be permitted; which affidavit shall be kept on file by the Permit Department. The permit issued to the applicant shall also show the total gross weight for which said vehicle is registered. A copy of said receipt shall be carried at all times on any such vehicle while the vehicle is upon the Town streets. The copy of the permit above required shall be admissible in evidence in any cause in which the gross registered weight of such vehicle is an issue, and shall be prima facie evidence of the gross weight for which such vehicle is permitted. Such copy of the permit shall be displayed to any officer authorized to enforce this Ordinance, upon request by such officer. The Chief of Police shall formulate rules and regulations regarding issuance of permits including, but not limited to, the forms and procedures to be used in applying for same; whether a particular permit shall be for one trip only, or for a period of time; and such other matters as the Chief of Police may deem necessary to carry out the provisions of the Section. The failure of an owner or his representative to comply with any rule or regulation of the Chief of Police or any condition placed on his permit shall render the permit void and, immediately upon such violation, any further movement over the Town streets of the overweight vehicles shall be in violation of existing laws regulating the weight of vehicles on Town streets. The movement of such overweight vehicles is a privilege not accorded to every user of the Town streets. Therefore, the fees for a special transportation permit should be sufficient to cover the administrative costs incurred in the processing and issuing of the permit and the additional wear on the Town’s streets. It is also recognized that the use of such overweight vehicles on the Town’s streets may inconvenience other vehicle operators. It is, therefore, declared to be the policy of the Town Council that in formulating such rules and regulations and in establishing such fees, the Town Council shall consider and be guided by: 1. The Town’s investment in its streets; 2. The safety and convenience of the general traveling public; 3. The suitability of roadways and sub-grades on the streets, variation in soil grade and the seasonal effect on street load capacity. D. Liability. The issuance of a permit for an overweight movement shall not be a guarantee by the Town that the streets can safely accommodate such movement, and the owner of any vehicle involved in any overweight movement, whether with or without permit, shall be strictly liable for any damage such movement shall cause the streets or any of its structures or appurtenances. E. Motor vehicle, solid waste transport, weight limitations. Vehicles used exclusively to transport solid waste (except hazardous waste), as defined in the Solid Waste Disposal Act, §361.003, TEX. HEALTH & SAFETY CODE ANN. (Vernon 1998), may be operated upon the Town streets with a tandem axle gross load not to exceed 44,000 pounds, a single axle gross load not to exceed 20,000 pounds and a gross load for the vehicle not to exceed 64,000 pounds, provided that where the vehicle is to be operated with a tandem axle gross load in excess of 34,000 pounds, the owner, except if the owner is a municipality, of such vehicle shall first file with the State Department of Highways and Transportation a surety bond in the principal sum not to exceed $15,000 for each vehicle, which sum shall be set by the State Department of Highways and Transportation; said bond to be conditioned that the owner of such vehicle will pay to the Town, within the limit of such bond, all damages done to the Town streets by reason of the operation of such vehicle with a tandem axle gross load in excess of 34,000 pounds. F. Weight of vehicles transporting ready-mix concrete. Vehicles used exclusively to transport ready-mixed concrete, which is hereby defined as a perishable product, may be operated upon the public streets of the Town with a tandem axle load not to exceed 44,000 pounds, a single axle load not to exceed 20,000 pounds and a gross load not to exceed 64,000 pounds, provided that where the vehicle is to be operated with a tandem axle load in excess of 34,000 pounds, the owner of such vehicle shall first file with the Town a surety bond in the principal sum as fixed by the Town, which sum shall not be set at a greater amount than $15,000 for each vehicle, said bond to be conditioned that the owner of such vehicle will pay to the Town of Trophy Club, within the limit of such bond, all damages done to the Town streets by reason of the operation of such vehicle with a tandem axle load in excess of 34,000 pounds; such bond shall be subject to the approval of the Town Council. G. Weighing loaded vehicles by police officers. Any police officer having reason to believe that the gross weight or axle load of a loaded motor vehicle is unlawful, is authorized to weigh the same by means of portable or stationary scales furnished or approved by the Texas Department of Public Safety, or cause the same to be weighed by any public weigher, and to require that such vehicle be driven to the nearest available scales for the purpose of weighing. In the event the gross weight of such vehicle is found to exceed the maximum gross weight authorized by law, plus a tolerance allowance of five percent (5%) of the gross weight authorized by law, such police officer shall demand and require the operator or owner thereof to rearrange his cargo if possible to bring such vehicle and load within the maximum axle load authorized by law, and if this cannot be done by rearrangement of said cargo, then such portion of the load as may be necessary to decrease the axle load to the maximum authorized by law plus such tolerance allowance shall be unloaded before such vehicle may be operated further over the public roads of the Town. Provided, however, that if such load consists of livestock, then such operator shall be permitted to proceed to destination without being unloaded, provided the destination be within the State of Texas. It is further provided that in the event the gross weight of the vehicle exceeds the permitted gross weight, the police officer shall require the operator or owner thereof to apply to the Permit Department for a permit in an amount that will cause his gross permitted weight to be equal to the gross weight of the vehicle, provided such total permitted weight shall not exceed the legal gross weight allowed for such vehicle, before such operator or owner may proceed. Provided, however, that if such load consists of livestock or perishable merchandise then such operator or owner shall be permitted to proceed with his vehicle to the nearest practical point in the direction of his destination where his load may be protected from damage or destruction in the event he is required to secure an additional permit before being allowed to proceed. It shall be conclusively presumed and deemed prima facie evidence that where an operator or owner is apprehended and found to be carrying a greater gross load than that for which he is permitted, he has been carrying similar loads from the date of purchase of such permit. It is further provided that all forms and accounting procedures necessary to carry out the provisions of this section shall be prescribed by the Town Council. VIII. SAVINGS AND REPEALER CLAUSE That this Ordinance shall be cumulative of all other ordinances of the Town affecting traffic control and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; provided, however, that Ordinance No. 2003-14 is hereby repealed in its entirety, but provided that 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 No. 2003-14 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. IX. SEVERABILITY CLAUSE If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or its application to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. X. PUBLICATION CLAUSE The Town Secretary of the Town of Trophy Club is hereby directed to the Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. XI. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. XII. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the Town. EFFECTIVE DATE This Ordinance shall become effective from and after its date of passage and publication as required by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 16th day of February, 2004. ____________________________________ Mayor, Town of Trophy Club, Texas ATTEST: _________________________________ Town Secretary, Town of Trophy Club, Texas APPROVED AS TO FORM: _________________________________ Town Attorney, Town of Trophy Club, Texas COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-4-2005 Subject: Agenda Item No.D.1 Consent agenda: Discuss and take appropriate action regarding a resolution approving an Interlocal Agreement with Roanoke for Automatic Aide and Mutual Aid for Fire Protection, Emergency Medical Services, and Declared or Undeclared or Emergencies Endangering the Public Health and Safety. EXPLANATION: Automatic aid agreement with Roanoke. Recommended by ISO consultant. RECOMMENDATION: Staff Recommends Approval. ACTION BY COUNCIL: Attachments: 1. Resolution 2. Agreement TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. ______ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING AN AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID FOR FIRE PROTECTION, EMERGENCY MEDICAL SERVICES, AND DECLARED OR UNDECLARED EMERGENCIES ENDANGERING THE PUBLIC HEALTH AND SAFETY CITY OF ROANOKE, TEXAS; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE TOWN; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. The Town Council of the Town of Trophy Club, Texas (the “Town”) does hereby approve and agree to enter into an agreement with the City of Roanoke, Texas A true and correct copy of the said agreement is attached hereto and incorporated herein. Section 2. The Mayor and the Town of Trophy Club is hereby authorized, empowered and directed to execute the said Agreement on behalf of the Town of Trophy Club. Section 3. This Resolution shall take effect from and after its date of passage. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 21st day of March, 2005. ______________________________ Mayor, Town of Trophy Club, Texas ATTEST: _____________________________________ Town Secretary, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: ______________________________________ Town Attorney, Town of Trophy Club, Texas AGREEMENT FOR AUTOMATIC AID and MUTUAL AID FOR FIRE PROTECTION, EMERGENCY MEDICAL SERVICES, AND DECLARED OR UNDECLARED EMERGENCIES ENDANGERING THE PUBLIC HEALTH AND SAFETY THE STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT is entered into this __________ day of ________________ 20_____, by and between the Town of Trophy Club and the City of Roanoke, being municipal corporations chartered under the Constitution and laws of the State of Texas, each acting through its authorized representatives. WHEREAS, the Town of Trophy Club and the City of Roanoke (referred to as “the towns”) desire to enter into an agreement for the automatic provision of fire protective services; and WHEREAS, this Agreement is entered into pursuant to Subchapter A, Chapter 791, Texas Government Code; NOW THEREFORE, It is agreed as follows: I. MUTUAL AID 1. Upon the request of the Mayor, Fire Chief or a designated representative of one of the towns to the other town to respond to a fire, medical emergency, or specialized emergency situation within the town limits of the requesting town, the responding town will respond with available equipment and personnel in aid of the requesting town to any point within a reasonable distance of the town limits of the responding town. 2. The designee of each town that is a party hereto will designate the areas outside the town’s town limits that qualifies as a “reasonable distance.’ 3. If conditions exist within a responding town that prevent response outside its town limits, the designee or his representative shall immediately notify the designee of the requesting town that no response can be made. ll. AUTOMATIC AID 1. It is desirable to have an adequate number of firefighters on the scene of structure fires as rapidly as possible. The safety of the occupants of a burning building and the safety of the firefighters themselves can be affected by the rapid arrival and intervention by emergency personnel. 2. In accordance with Section 419.046 (d) of the Texas Government Code, 2 fully suited firefighters may enter a burning structure only when 2 or more fully suited firefighters are on the outside of the structure ready to perform rescue of the interior team. 3. This agreement permits the automatic notification and dispatch of firefighting equipment and personnel, as available, to respond to the other town’s aid on reported structure fires. 4. The designee of each town that is a party hereto will designate the areas outside the town’s limits that qualify as a reasonable distance for automatic aid response. 5. If conditions exist within a responding town that prevent response outside its town limits, the designee or his representative shall immediately notify the designee of the requesting town that no response can be made. IIl. PROCEDURES Provided conditions do not exist that prevent response outside a responding town’s town limits, the dispatch of a responding town’s equipment and personnel pursuant to this Agreement is subject to the following procedures: 1. A request for aid by street address shall specify the location by street address to which the equipment and personnel are to be dispatched. The responding town shall respond to the specified location and initiate action to mitigate the emergency or provide backup coverage if requested. 2. A responding town shall be released by the requesting town at the approval of the incident commander and when the services of a responding town are no longer required. III. COMMON TOWN LIMIT LINES In areas where common town limit lines exist between the towns, accurate determination of jurisdiction may not be possible upon receipt of an alarm. In these cases, the town receiving the alarm will dispatch its equipment and personnel as soon as practical. If the emergency is not within the town limits of a responding town, it is agreed that the services provided are pursuant to this Agreement. IV. CLAIMS Each town waives all claims against the other town for compensation for any loss, damage, personal injury or death occurring as a consequence of the performance of this Agreement. However, this waiver shall not apply in those cases in which a claim results from the failure of the requesting town to accept responsibility as required by Section VII of this Agreement with respect to either fire or emergency medical services, or both; and Section 791.006 of the Texas Government Code with respect to fire services. V. COSTS A responding town shall not be reimbursed by the requesting town for costs incurred in responding to an emergency pursuant to this Agreement except after 48 hours of continuous assistance at the scene of an emergency. Reimbursement shall be based on the most current dollar amounts listed by the Federal Emergency Management Agency for usage of equipment and personnel at the scene of a disaster/emergency. Personnel who perform duties pursuant to this Agreement shall receive the same wage, salary, pension, injury or death benefits, worker’s compensation benefits payment of expenses, and all other compensation and rights for the performance of those duties, as they would have received for their regular duties in the service of the town by which they are employed. Subject to Section IV hereof, each town shall be solely responsible for the payment of its costs associated with providing equipment and personnel under this Agreement. VI. SUPERVISION The equipment and personnel of a responding town shall be under the control and supervision of employees of such responding town during a response pursuant to this Agreement. VII. LIABILITY In accordance with Section 791.006 of the Texas Government Code, the requesting town is responsible for any civil liability that arises from the furnishing of emergency services pursuant to this Agreement. In addition, the requesting town shall be responsible for any civil liability that arises from the furnishing of emergency medical services pursuant to this Agreement. VIII. PARTICIPATION, TERMINATION AND REMOVAL Each town has the right to terminate its participation in this Agreement, without cause, by providing ninety (30) days written notice to the other towns. IX. PRIOR COMMITMENTS This Agreement contains all commitments and agreements of the towns regarding automatic aid for fire protection, emergency medical services, and declared or non-declared emergency endangering the health and safety and no other prior oral or written commitments shall have any force or effect. Notwithstanding the preceding sentence, it is understood that certain signatory towns may have contracted or may contract in the future with each other for fire protection and emergency medical services, and it is agreed that this Agreement shall not affect those contracts. X. VENUE Each party agrees that if legal action is brought under this Agreement exclusive venue shall lie in Tarrant County, Texas. XI. BENEFITS When an employee or volunteer of a responding town is performing duties under the terms of this Agreement, that person is considered to be acting in the line of duty for the purpose of 42 U.S.C.A., Section 3796; is considered to be in performance of duties within the provisions of Chapter 615 of the Texas Government Code, and Chapter 142, Texas Local Government Code; and shall death, or loss which occurs while in the line of duty. XII. SEVERABILITY In case one (1) or more of the provisions contained in this Agreement shall be for any reason held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision, and this Agreement shall be construed as if the invalid, illegal or unenforceable provision had never been contained in the Agreement. XIII. AUTHORIZATION This Agreement is made pursuant to Chapter 791 and Subchapter E, Chapter 418 of the Texas Government Code. It is agreed that in the execution of this Agreement, no party waives any immunity or defense that would otherwise be available to it, against claims arising from the exercise of governmental powers and functions. EXECUTED this day of 200 , at Tarrant County, Texas Town of Trophy Club, Texas By:___________________________________ MAYOR City of Roanoke, Texas By:___________________________________ MAYOR COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-4-2005 Subject: Agenda Item No.D.2 Consent agenda: Discuss and take appropriate action to approve minutes date March 21, 2005. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Minutes dated March 21, 2005. MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, March 21, 2005 7:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, March 21, 2005. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Scott Smith Mayor Susan Edstrom Council Member Roger Williams Council Member Beverly Foley Council Member Pam Cates Council Member TOWN COUNCIL MEMBERS ABSENT: Scott Spence Mayor Pro Tem STAFF AND GUEST(S) PRESENT: Roger Unger Finance Director Lisa Ramsey Interim Town Secretary Beth Ann Gregory Community Development Manager Patricia Adams Town Attorney Kerin Fleck Planning/Zoning Coordinator Jim Hurley Police Lieutenant Jim Hicks EDC B Tom Rutledge Teague, Nall & Perkins, Town Engineer Nick Sanders Mayor Candidate A.1 Town Council to call to order and announce a quorum. Mayor Smith called the Regular Session to order at 7:01 p.m. noting a quorum was present. A.2 Invocation. Roger Unger gave the invocation. A.3 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible." Council Member Cates led the pledges. *REGULAR SESSION A.4 Discuss and take appropriate action regarding the approval of fiscal year end September 2004 Audit Council Member Williams moved to approve requesting that upon completion of the Court investigation a statement be added to the Audit. Motion passed 3-1-0 with Council Members Williams, Foley and Edstrom voting in favor and Council Member Cates voting against. B.1 Discuss and take appropriate action by Resolution to appoint two candidates to EDC B. A. Ralph Wm. Scoggins B. Amanda Foust Jim Hicks made a recommendation to Council to appoint two candidates to EDC B. Mr. Hicks also requested that the EDC Board Members continue to be actively involved in the interview process for any other EDC vacancies. Mayor Smith suggested that Mr. Hicks submit an action item for 4-4-05 Council Agenda to change the interview process for seats on the EDC A and EDC B Boards. Council Member Edstrom moved to approve. Council Member Foley seconded; motion carried unanimously. B.2 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. Pauline Twomey 203 Oakmont, addressed the Town Council. B.3 Council/staff reports: this is an opportunity for Council and staff to provide brief updates on projects and to provide public service announcements. It is not a time for the expression of opinions, questions and answers, or discussion among staff and Council. Discussion is limited to whether Council desires to have a topic placed on a future agenda for future consideration. Updates were provided by staff and Council. B.4 Finance Director to update Council on procedures for bad debit policy. Roger pointed out ‘debit’ should be ‘debt’. Roger informed the Council that corrective measures are being taken; future audits will require written management letters that outline recommended changes, new software will help keep better track of town money and all court fine adjustments made by the town judge will require the Finance Director’s signature. B.5 Discuss and take appropriate action regarding an Ordinance enabling the Town to comply with all federal and state laws and regulations applicable to storm water discharges and to regulate construction activities that may contaminate storm water runoff. Beth Ann Gregory provided Council with an explanation of the purpose for the proposed storm water ordinance. Council Member Edstrom moved to approve. Council Member Cates seconded; motion carried unanimously. B.6 Discuss and take appropriate action regarding an Ordinance regulating the Town Design Standards and Construction Specifications for Roadway, Drainage, Water and Wastewater Design. Kerin Fleck supplied Council with an overview of the areas regulated by the Ordinance. Tom Rutledge was present to answer questions. Council Member Williams moved to approve. Council Member Edstrom seconded; motion carried unanimously. B.7 Discuss and take appropriate action regarding change orders to the contract for the Indian Creek Dr.\Shields Ct. reconstruction including a median cut at Valley Wood and the inclusion of Shields Dr. reconstruction. Council Member Williams moved to approve. Council Member Edstrom seconded; motion carried unanimously. B.8 Discuss and take appropriate action on the purchase of electronic message boards for the Town entrances and to determine the funding source. Council Member Williams moved to table until the second meeting in April. Council Member Foley seconded; motion carried unanimously. D.1 Consent agenda: Discuss and take appropriate action to approve financials dated February 2005. D.2 Consent agenda: Discuss and take appropriate action to approve minutes date March 7, 2005. Council Member Foley moved to approve Consent Agenda.D.1. and D.2 Council Member Edstrom moved to second; motion carried unanimously. D.3 Additional Information for Council This item is for informational purposes, no discussion. Town Council convened into Executive Session at 8:07 p.m. TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION EXECUTIVE SESSION E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (a) & (b) "Consultation with Attorney", the Town Council will enter into executive session to discuss the following: Consultation with Attorney on pending or contemplated litigation or on a matter in which the duty of the Attorney to the Governmental Body under the Texas Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Open Meetings Act (§551.071 (a) & (b)): Town of Trophy Club, Texas v. Town of Westlake, Texas, Cause No. 2004-40094-362 Town Council reconvened into Regular Session at 8:15 p.m. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION *REGULAR SESSION F.1 Discuss and take appropriate action regarding Executive Session Item. (AGENDA ITEM NO. E1). Council Member Edstrom made a motion to continue to pursue cause of action on the Town of Trophy Club vs. Westlake. Council Member Williams seconded; motion carried unanimously. F.2 Adjourn. Council Member Williams moved to adjourn. Council Member Cates seconded; motion carried unanimously. _______________________________ Mayor, Town of Trophy Club ______________________________________ Interim Town Secretary, Lisa Ramsey Town of Trophy Club COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-4-2005 Subject: Agenda Item No.D.3 Consent agenda: Discuss and take appropriate action regarding a Proclamation of the Town Council of the Town of Trophy Club, Texas, establishing the week of May 6 - 12, 2005 as Nurse Appreciation Week in Trophy Club in conjunction with National Nurse Appreciation Week. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: lr Attachments: 1. Proclamation TOWN OF TROPHY CLUB, TEXAS PROCLAMATION NO. 2005 - MAY 6 – 12, 2004 AS NURSE APPRECIATION WEEK IN TROPHY CLUB A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ESTABLISHING THE WEEK OF MAY 6 – 12, 2004 AS NURSE APPRECIATION WEEK IN TROPHY CLUB IN CONJUNCTION WITH NATIONAL NURSE APPRECIATION WEEK. WHEREAS: National Nurse Appreciation Week is May 6-12, 2004; and WHEREAS, This year’s celebration theme is “Nurses: Many Roles, One Profession” and WHEREAS, Nurses are truly giving and loving individuals who care for the sick and who contribute enormously to the well-being of others; and WHEREAS, Baylor Regional Medical Center at Grapevine honors their special nurses during this week. NOW, THEREFORE, I, MAYOR SCOTT SMITH, IN CONJUNCTION WITH THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, DO HEREBY PROCLAIM: Section 1. The week of May 6 – 12, 2004 as Nurse Appreciation Week in the Town of Trophy Club to coincide with National Nurse Appreciation Week and encourage all citizens to support our nurses. Section 2. That this proclamation shall take effect from and after its date of passage, in accordance with law; and it is so proclaimed. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 4th day of April, 2005. Mayor Town of Trophy Club, Texas ATTEST: ___________________________________ Town Secretary Town of Trophy Club, Texas [SEAL] COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-4-2005 Subject: Agenda Item No.E.1 Adjourn. (lr)