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Agenda Packet TC 12/05/2005 1 Town of Trophy Club Town Council Regular Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Monday, December 5, 2005 7:00 P.M. A.1 Reception honoring Donna Welsh's retirement. A.2 Call to order and announce a quorum. 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 Carter Blood Care Presentation 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 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. Administration: · Petition to Amend the Town Charter Blood Drive Community Development: · Road Construction Building Addition Electronic Marquees Permitting Nextel Finance: · Audit Gas Well Royalty Check Information System: · No updates to report Parks and Recreation · Facilities and Programs Recreational User Fees 2 Planning & Zoning · Zoning Submissions Public Hearing scheduled on December 8th, 2005 Police and Fire Services · Police Services Bureau · Fire Services Bureau Municipal Utility District: · No updates to report D.1 Discuss and receive direction from Council regarding the duration of the posting for the Town Manager position, evaluation criteria, performance goals and revisions to the job description for the Town Manager position, and the process for recruitment and interview of applicants. D.2 Discuss and take appropriate action regarding award/rejection of landscaping bids for Indian Creek medians as part of the street construction process. D.3 Discuss and take appropriate action regarding an Ordinance creating a Parks and Recreation Board. A. Discuss and take appropriate action regarding a Resolution appointing members to serve on the Parks and Recreation Board. D.4 Discuss and receive Council direction regarding the Year in Review publication. D.5 Town Council to discuss and provide staff direction to seek bids for improvements to a storm drainage system on Inverness Drive as maintenance to the Town's storm drainage network. D.6 Discuss and take appropriate action regarding an Ordinance repealing Town Ordinance No. 2004-17 in its entirety, and adopting new regulations for the operation of motor assisted scooters, minimotorbikes, and pocket bikes. D.7 Discuss and take appropriate action regarding an Ordinance repealing Town Ordinance No. 2005-17 in its entirety, and adopting a new Ordinance relating to a new construction fee schedule for the Town. D.8 Items for Future Agenda. E.1 Council will convene into Executive Session for Consultation with Town Attorney pursuant to Section 551.071 (a) and (b) of the Open Meetings Act3 to consult 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 conflicts with the Open Meetings Act (§551.071 [a] & [b]): 1. Petition for Charter Amendment 3 E.2 Discuss and take appropriate action relative to Executive Session Item Number E1. F.1 Adjourn. 4 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-5-2005 Subject: Agenda Item No.A.1 Reception honoring Donna Welsh's retirement. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 5 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-5-2005 Subject: Agenda Item No.A.2 Call to order and announce a quorum. 6 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-5-2005 Subject: Agenda Item No.A.3 Invocation. 7 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-5-2005 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." 8 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-5-2005 Subject: Agenda Item No.A.5 Carter Blood Care Presentation EXPLANATION: Oya Davidson with Carter Blood Care will give a brief presentation to promote the Blood Drive being sponsored by the Town on December 20th. RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1.None 9 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-5-2005 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. 10 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-5-2005 Subject: Agenda Item No.B.2 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. Administration: · Petition to Amend the Town Charter December 20th Blood Drive Community Development: · Road Construction Building Addition Electronic Marquees Permitting Nextel Finance: · Audit Gas Well Royalty Check Information System: · No updates to report Parks and Recreation · Facilities and Programs Recreational User Fees Planning & Zoning · Zoning Submissions Public Hearing scheduled on December 8th, 2005 Police and Fire Services · Police Services Bureau · Fire Services Bureau Municipal Utility District: · No updates to report Attachments: 1. None 11 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-5-2005 Subject: Agenda Item No.D.1 Discuss and receive direction from Council regarding the duration of the posting for the Town Manager position, evaluation criteria, performance goals and revisions to the job description for the Town Manager position, and the process for recruitment and interview of applicants. EXPLANATION: As directed by Council at the November 21st meeting, the job opening will be posted on the Town’s, TML’s and ICMA’s website. RECOMMENDATION: In order for Council to make an appointment in March, staff recommends the closing date for mid-January with interviews in February. ACTION BY COUNCIL: (lmr) Attachments: 1. Information Memorandum 2. Job Description 2. Job Posting 12 JOB DESCRIPTION Position: TOWN MANAGER Reports To: Town Council Supervisory Pay Grade: 43 Entry $94,167 Midpoint $115,354 Maximum $136,541 Exempt Job Summary: Acts as Chief Executive and Administrative Officer of the local government. Responsible to the Town Council for the proper administration of all the Town’s affairs assigned the manager by charter, ordinance or directive. Managing the activities of all Town departments and offices and rendering direct assistance to the Mayor and Council in the planning, organization, and administration of all municipal government functions. Coordinates with the Municipal Utility District Manager on functions financed with MUD Funds. Minimum Requirements: • Bachelor’s Degree in Public Administration, Business Administration or related field Master’s Degree Preferred • 5 Years Progressive municipal Managerial Experience • Or Any Equivalent Combination of Education and Experience that Provides the Required Knowledge, Skills, and Abilities • Valid Texas Motor Vehicle Class C Operator's License Major Duties and Responsibilities: Job duties and responsibilities are not intended to reflect all duties performed within the job. • Reports directly to the Town Council • Assists the Mayor and Council in advising and furnishing leadership to civic organizations dealing with specific items affecting the Town’s welfare • Oversees, coordinates, and manages the activities of all Town departments and offices in carrying out the requirements of ordinances, laws, rules and regulations, and the policies of the Town Council • Reports regularly to the Mayor concerning the status of projects and functions of the various Town departments and offices • Advises and assists the Mayor and Town Council in the formulation and establishment of administrative policies for operation of Town government departments and offices, as well as developing policy related to the general future direction of Town government • Reports to and advises the Mayor, and Town Council as appropriate, on immediate as well as emerging municipal problems • Represents the Town/MUD to the public by attending various civic and business meetings on behalf of the Town, as the Mayor may direct • Directs the preparation of the Council agenda furnishing pertinent documents, reports and briefings as needed • Seeks out funding sources and prepares and processes grant applications in the furtherance of municipal planning goals • Prepares and administers department budget and administers overall Town annual budget 13 • Responsible for Town’s selection, evaluation, training, and termination of management and administrative staff • Negotiates and oversees Town contracts • Acts as the MUD Manager in that person’s absence • Communicates with residents, including answering questions and providing information • Other duties as assigned Work Environment: Work Environment: Work is performed in office settings with regular hours from 8:00 a.m. to 5:00 p.m. Attendance at night meetings is required. Some travel to off site locations may be required. Must be able to perform essential functions of the job. This position also requires good listening and speaking skills. Exposure to computer screens, sitting for prolonged periods of time, walking, standing, stooping, bending, kneeling, and lifting up to 50 pounds. Need manual dexterity and visual acuity. Work performed requires periods of intense concentration over extended period of time with frequent interruptions for questions and advice. Stress associated with competing priorities and time deadlines is occasionally an element of the position and must be recognized and successfully managed. THE TOWN RESERVES THE RIGHT TO CHANGE OR REVISE JOB DUTIES AND RESPONSIBILITIES AS THE NEED ARISES. THIS JOB DESCRIPTION DOES NOT CONSTITUTE A WRITTEN OR IMPLIED CONTRACT OF EMPLOYMENT. ________________________________________ _____________________ Employee Signature Date 14 • Job Description: Trophy Club is a Home Rule City with a Mayor and 5 Council positions elected at-large. The Town Manager reports to the Town Council and is responsible for exercising control over all departments, annual budget preparation, fiscal reporting and personnel matters. The Town Manager oversees the Town’s day-to-day operations and its $5.3 million operating budget. The new Town Manager must possess experience in high growth communities, municipal and utility financing and contract negotiations, as well as have an open, inclusive and collaborative management style. The Town Manager must demonstrate a background in managed growth, economic development and strategic planning. Bachelor’s Degree in Public Administration, Business Administration or related field preferred, 5 Years progressive municipal managerial experience or any equivalent combination of education and experience that provides the required knowledge, skills, and abilities Residency required within 6 months of employment. Salary $94,167-DOQ. Closing Date TBD Submit resume with references and salary requirements to Town Secretary, 100 Municipal Drive, Trophy Club, Texas 76262 or email to: lramsey@ci.trophyclub.tx.us 15 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-5-2005 Subject: Agenda Item No.D.2 Discuss and take appropriate action regarding award/rejection of landscaping bids for Indian Creek medians as part of the street construction process. EXPLANATION: This bid is to reconstruct the medians that were destroyed in the recently completed Indian Creek construction project. There are three additional medians in this bid that had been reconstructed in prior street projects but were not irrigated at that time. Nor do these medians have the pave stone end caps or planting beds currently being included in our projects. RECOMMENDATION: Staff recommends approval with consideration being given to reducing the amount of reconstruction being done to the three medians not associated with the current street project. ACTION BY COUNCIL: (rau) (aa) Attachments: 1. Information Memorandum 2. Bid Tabs 16 INFORMATIONAL MEMO: Based on the cost of the landscaping done in the previous Indian Creek project, I feel that this project is somewhat over priced. We had anticipated a cost to landscape this project more in the $90,000 to $100,000 range. The money to pay for this project will be coming out of GASB funds giving that the actual street project itself fully consumed the remaining bond funds. Use of the street GASB funds is appropriate due to the need to reconstruct these medians being caused by a street being reconstructed and on both previous reconstruction projects; the cost of the median reconstruction was paid out of bond funds. If you desire to preserve a higher level of GASB funds, you might want to consider a change order that reduces the amount of construction being done on the three medians that were not part of the most recent street project. These medians currently have grass and trees in place. The trees are somewhat stunted due to the lack of water because these medians are not irrigated. I would recommend we go ahead and irrigate these medians and construct the pave stone end caps. We could reduce the total cost of this bid by $21,000 if we left the grass and trees that are currently there in place and upgrade the plantings as time and money permit over the next few years. If you wish to reduce this cost as suggested above, we will need to generate a change order for the contractor prior to the start of the project. If not, I recommend you approve this bid as submitted. Roger A. Unger 17 18 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-5-2005 Subject: Agenda Item No.D.3 Discuss and take appropriate action regarding an Ordinance creating a Parks and Recreation Board. A. Discuss and take appropriate action regarding a Resolution appointing members to serve on the Parks and Recreation Board. EXPLANATION: Staff worked closely with the advisory group in adopting the language for this document. We compared and contrasted Park Board Ordinances from several cities when creating this Ordinance, and believe that the Town of Trophy Club will benefit from the increased contributions that a Board will offer. A draft resolution has been included with this agenda item in the event Town Council passes this Ordinance and would like to make appointments at this meeting. RECOMMENDATION: Staff recommends the changing of the Parks and Recreation Advisory Group to that of the Parks and Recreation Board, and the adoption of the existing advisory group members into the newly created Board. ACTION BY COUNCIL: Attachments: 1. Ordinance 2. Resolution 19 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2005- AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, CREATING A PARKS AND RECREATION BOARD (“BOARD”); PROVIDING FOR THE INCORPORATION OF PREMISES, PROVIDING DEFINITIONS; ESTABLISHING THE BOARD, PRESCRIBING THE NUMBER OF BOARD MEMBERS, TERMS OF OFFICE, AND QUALIFICATIONS OF THOSE MEMBERS; PROVIDING POWERS AND DUTIES OF THE BOARD; PRESCRIBING PROCEDURES FOR MEETINGS OF THE BOARD; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”) is a home rule municipality empowered to do all acts and make all regulations which may be necessary or expedient for the promotion of the public health, safety and general welfare; and WHEREAS, the Town currently has approximately nine hundred acres of parkland available for the use and enjoyment of its residents; and WHEREAS, with the existing parkland, the recently enacted parkland dedication ordinance, the pending construction of the new high school, and the park and recreational opportunities presented by Marshall Creek Park, the Town has many opportunities to explore the expansion and development of parkland and recreational amenities; and WHEREAS, because parkland and recreational amenities are intended for the benefit and enjoyment of the residents of the Town, it is important to allow those residents to play a key role in shaping the expansion and development of parkland and recreational opportunities; and WHEREAS, the change of the Parks and Recreation Advisory Group to a Parks and Recreation Board will allow residents to play a more active role and to provide direct citizen guidance and input to the Parks & Recreation Director for the development of parks and recreational facilities within the Town; WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens involved in local government through service on Boards; NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES 20 All of the above premises are true and correct and are hereby incorporated in the body of this Ordinance as if fully set forth herein. SECTION 2. DEFINITIONS For the purpose of article, the following terms, phrases, words and their derivations shall have the meaning given herein: Parks and Recreation Board (the”Board”): The Town of Trophy Club Parks and Recreation Board appointed by the Town Council. Director: A person appointed by the Town Manager as Parks and Recreation Director for the Town of Trophy Club, or the Director’s designee. Park: A park, playground, recreation center or any other area, or facility in the Town owned, used, controlled, or leased by the Town, and devoted to active or passive recreation. SECTION 3. BOARD ESTABLISHED/NUMBER OF MEMBERS/TERMS ESTABLISHED/QUALIFICATIONS A. The Parks and Recreation Board consisting of not less nine (9) nor more than eleven (11) regular members is hereby established as follows: 1. Qualifications. Members shall be residents of the Town of Trophy Club. 2. No Compensation. Members shall serve without compensation. 3. Staggered Terms. Members’ terms will be for three (3) years/staggered. Places on the Board shall be numbered 1 through 11. Places 1 through 4 on the initial Board shall serve for a term of one (1) year. Places 5 through 8 shall serve for a term of two (2) years. Upon expiration of that one (1) year term, members appointed to those seats shall serve on a regular three (3) year term interval. 4. Hold Over. If a replacement has not qualified upon the expiration of a member’s term, then that member shall continue his/her membership until replaced. 5. Officers. The Board shall annually elect a Chairperson, Vice-Chairperson and a Secretary. a. The Chairperson shall preside over meetings and shall be entitled to vote upon each issue. Board shall conduct its meetings in accordance with the Town’s Board, Commission and Committee Handbook. 21 b. The Vice-Chairperson shall assist the Chairperson in directing the affairs of the Board. In the absence of the Chairperson, the Vice-Chairperson shall assume all duties of the Chairperson. In the event that the Vice-Chairperson is absent, the proceedings shall be conducted in accordance with Robert’s Rules of Order. c. The Secretary shall keep the minutes of all meetings and in the Secretary’s absence; the Chairperson shall designate another member to act as Secretary. The Secretary shall distribute, once a year at the first regular meeting a copy of the current Parks and Recreation Ordinance. The Secretary may accept the assistance of Town personnel in taking and transcribing minutes, when available, but shall sign it officially before presenting it to the Board for approval. 6. Director Participation. The Director of the Parks and Recreation Department shall be in attendance at the Board meetings. The Director shall participate in meetings to provide staff assistance, reports, and recommendations as requested by the Board. 7. Ex Officio Member. The Director shall be an ex officio member of the Board, with the responsibility to participate in discussions but without the right to vote. 8. Absence. A member’s absence from three (3) meetings annually without formal consent of the board shall be deemed to constitute the resignation of that member and shall be certified by the chairperson to the Town Council. 9. Meetings. Regular meetings shall be held at least once a month on the date and at the time established by the Board as provided in this Ordinance unless the Chairperson designates another time, date and place and all members of the Board are notified at least seven (7) days in advance. If there are no pending items for consideration, a monthly meeting is not required. 10. Quorum. A majority of members shall constitute a quorum. 11. Minutes. Minutes of each Board meeting shall be filed with the Town Secretary. SECTION 4. POWERS AND DUTIES OF THE BOARD A. The Parks and Recreation Board shall have the following powers and perform the following duties: 22 1. Advisory Capacity to Council: The Board shall act principally in an advisory capacity to the Town staff and the Town Council in all matters pertaining to parks and recreation, shall acquaint itself with and make a continuous study of the complete parks and recreation services of the Town; and shall advise the staff and Town Council from time to time as to the present and future policies, maintenance, operation, planning, acquisition, development, and enlargement of the Town parks and recreation services. The Board shall also have such authority as designated to it by Town Ordinance. 2. Advisory Capacity to the Director: It shall advise the Parks and Recreation Director on the development of recreation areas, facilities, programs and improved recreation services. 3. Study and Development of Parks and Recreation Areas: The Board shall study and encourage the development of parks and recreation areas and the development of recreation for all residents of the Town. 4. Recommend Standards: It shall recommend the adoption of standards for areas, facilities, programs and financial support for parks and recreation purposes. 5. Advise on Long-Range Parks and Recreational Capital Improvement Programs: The Board shall advise and recommend to the Parks and Recreation Director the development of long-range capital improvement programs, and when the need exists for additional park and recreational facilities, the Board shall make appropriate recommendation to the Town Council. It may also recommend the acquisition of additional parks, park and recreational equipment and supplies. 6. Solicitations: The Board may solicit grants, on behalf of the Parks and Recreation Board; provided however, that the acceptance of any such grant is subject to the approval and acceptance of Town Council. 7. Cooperative Opportunities: The Board may cooperate with other governmental agencies, civic organizations and all citizens of the Town in the advancement of sound parks and recreation planning and programming. 8. Amendments to Ordinance: The Board may, from time to time, recommend to the Town Council amendments to this Ordinance. 9. Reports: The Board shall, through its Chairperson or his/her designee, make an oral and written report annually to the Town Council concerning its activities during the past year and its proposals for the coming year. 10. Budget: The Board shall review the proposed budget for the Parks and Recreation Department, and make any recommendations to the Parks and Recreation Director deemed necessary. The Board is not authorized to add, delete or change in any way the budget as prepared by the Parks and Recreation Director. 23 11. Additional Rules: The Board shall have authority to adopt such additional rules that are not in conflict with this ordinance that it deems necessary to carry the purpose and intent of this ordinance, subject to Town Council approval. 12. Actions of Board As a Unit. No action of any individual member(s) is authorized except as approved by the Board. Only the Board acting as a whole shall exercise the powers and duties of the Board. SECTION 5. PROCEDURES OF THE BOARD A. The procedures of the Board are as set out below: 1. The Board shall establish the schedule and time for its regular meetings. The Chairperson may call special meetings. All meetings shall be held in a public place with public notice as prescribed by law. 2. A quorum consisting of a majority of members shall be required for the transaction of any business. SECTION 6. CUMULATIVE REPEALER 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. SECTION 7. 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 or unconstitutionality and that such remaining portions shall remain in full force and effect. SECTION 8. 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 in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. 24 SECTION 9. EFFECTIVE DATE That this Ordinance shall be in full force and effect from and after its date of passage and publication, in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 5th day of December, 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 25 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2005- A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS, APPOINTING ELEVEN (11) MEMBERS TO SERVE ON A PARKS AND RECREATION BOARD (“BOARD”); PROVIDING THAT FOUR (4) MEMBERS SHALL SERVE FOR AN INITIAL TERM OF ONE (1) YEAR EACH; PROVIDING THAT SEVEN (7) MEMBERS SHALL SERVE FOR TERMS OF THREE (3) YEARS EACH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens involved in local government through service on Boards and Commissions; and WHEREAS, the Trophy Club Town Council is charged with the responsibility of making appointments to Boards and Commissions serving the Town; and WHEREAS, the Town of Trophy Club adopted Ordinance No. 2005-__ creating a Parks and Recreation Board which provides for not less than nine (9) nor more than eleven (11) members with staggered terms of three (3) years; and WHEREAS, the initial term of service for four (4) of those members shall be for a one (1) year term and the term of service for the remaining members shall be for a period of three (3) years each; and WHEREAS, the change of the Parks and Recreation Advisory Group to a Parks and Recreation Board will allow those residents who have already been assisting the Parks and Recreation Department to play a more active role and to provide citizen guidance to the Parks and Recreation Director for the development of parks and recreational facilities; and WHEREAS, the Town Council is of the opinion that the appointment of citizens to the Parks and Recreation Board is beneficial to the Town. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town Council hereby appoints the following individuals to serve on the Parks and Recreation Board as indicated, with a term of service as specifically provided below: Parks and Recreation Board 1. (1 year term) 2. (1 year term) 3. (1 year term) 4. (1 year term) 5. (2 year term) 6. (2 year term) 26 7. (2 year term) 8. (2 year term) 9. (3 year term) 10. (3 year term) 11. (3 year term) Section 2. That this Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 5th day of December, 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 27 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-5-2005 Subject: Agenda Item No.D.4 Discuss and receive Council direction regarding the Year in Review publication. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (rau) Attachments: 1. Memo 28 MEMO To: Mayor and Town Council Subject: Year in Review Date: November 29, 2005 From: Roger Unger I have placed this on the agenda in order to receive direction on your preference with respect to the development and publication of the Year in Review booklet. I need to know your preference as to the timing of the publication; do you want audited financials or just our end of year numbers? If you want audited numbers, the audit won’t be complete until late January or early February. Is the current format acceptable or would you prefer to see more of an annual report with information given primarily on only year to year changes, i.e., a new park, street extension, or building, etc. How do you want it distributed, should all residents get it in the mail as in the past or do we use this more like a chamber of commerce publication with copies available to anyone who wants one at the Town offices? If we begin this project now, it should be completed by the end of January. Thank you for your thoughts on this project. 29 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-5-2005 Subject: Agenda Item No.D.5 Town Council to discuss and provide staff direction to seek bids for improvements to a storm drainage system on Inverness Drive as maintenance to the Town's storm drainage network. EXPLANATION: These improvements are a part of the Town’s storm drainage maintenance and will provide additional above ground drainage. The estimated $50,000 project would be funded out of our GASB Storm Drainage Fund, which at fiscal year end had a balance of approximately $64,000. RECOMMENDATION: Staff recommends that the Town seek bids for this project. ACTION BY COUNCIL: (bg) Attachments: 1. Information Memorandum 2. Probable Cost Estimate 2. Proposed Redesign 30 Memorandum To: Town Council From: Beth Ann Gregory, Community Development Director Date: November 28, 2005 Re: Inverness Drive Drainage Project- Cost Estimate The attached information was provided by Teague, Nall and Perkins and is a preliminary estimate of probably cost for the Inverness Drive drainage project. The cost estimate is based off of as-built data and field surveys. The design includes the removal of the existing 10’ inlets and construction 20’ inlets at the same location. The inlet pipe system within Inverness will be reconstructed to increase the efficiency of the new inlets. A grassed overflow swale is also proposed between the houses located at 223 and 301 Inverness Drive. The current schematic design is appropriate for the continued maintenance of the drainage system on Inverness. Additional field data is needed in order to determine the storm drain capacity. This data includes the exact location and flow line information of several storm drain manholes that are currently buried in the ROW and drainage easements at the subject location. 31 CONCEPTUAL OPINION OF PROBABLE CONSTRUCTION COST PROJECT: DATE: 11/29/2005 Drainage Improvements - Inverness Drive Town of Trophy Club TNP JOB # TRO 05106 Prepared by: Keith Fisher P.E. ITEM DESCRIPTION QTY.UNIT UNIT COST TOTAL DRAINAGE IMPROVEMENTS - INVERNESS DRIVE 1 Preparation of Right-of-way 1 LS $1,000.00 $1,000.00 2 Unclassified Street Excavation 170 SY $7.50 $1,280.00 3 Remove 10' Curb Inlet 2 EA $750.00 $1,500.00 4 Remove 18" Storm Drain Pipe 20 LF $20.00 $400.00 5 Remove Existing Concrete Pavement 170 SY $7.50 $1,280.00 6 5'' Concrete Pavement 170 SY $30.00 $5,100.00 7 6" Concrete Curb 100 LF $2.50 $250.00 8 20' Curb Inlet 2 EA $4,000.00 $8,000.00 9 Modify 36" RCP at Inlet 1 LS $1,000.00 $1,000.00 10 18" Reinforced Concrete Pipe 40 LF $75.00 $3,000.00 11 24" Reinforced Concrete Pipe 30 LF $85.00 $2,550.00 12 Trench Safety for Storm Drain 70 LF $2.00 $140.00 13 Modify Existing Storm Drain Junction Box 1 LS $400.00 $400.00 14 4' x 4' Storm Drain Junction Box 1 EA $2,500.00 $2,500.00 15 Modify Irrigation Systems 1 LS $2,000.00 $2,000.00 16 Replace Landscaping 1 LS $1,000.00 $1,000.00 17 Grade swale (1' - 3' depth) 410 LF $15.00 $6,150.00 18 Block sodding of swale 550 SY $5.00 $2,750.00 19 Relocate Water Meter 2 EA $500.00 $1,000.00 20 Traffic Control 1 LS $500.00 $500.00 UNIT I SUBTOTAL $41,800.00 20% CONTINGENCY $8,360.00 TOTAL $50,160.00 32 33 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-5-2005 Subject: Agenda Item No.D.6 Discuss and take appropriate action regarding an Ordinance repealing Town Ordinance No. 2004-17 in its entirety, and adopting new regulations for the operation of motor assisted scooters, minimotorbikes, and pocket bikes. EXPLANATION: RECOMMENDATION: As directed by the Town Council at the November 7th Town Council meeting, staff has prepared the following language as a starting point for Council discussion and consideration: SECTION 3. RESTRICTIONS AND PROHIBITIONS A. Prohibitions Generally: Due to the safety interest of the public, operation of motor assisted scooters on the streets, highways, and sidewalks is prohibited except in compliance with the following criteria: 1. Registration Process. No Child younger than the age of ten** (10) years shall operate a motor assisted scooter unless such scooter shall have first been registered with the Town. No Child shall operate a motor assisted scooter unless such Child has first complied with the registration process specified in this Ordinance. An application for registration shall be issued by the Trophy Club Department of Public Safety and shall be completed as specified by the DPS. Upon completion of the application, a registration sticker shall be issued and shall be affixed on the scooter in a place where such registration is visible. A registration sticker shall be displayed on the motor assisted scooter at all times that such scooter is operated within the Town. ** 10 years of age was used because that is the youngest age at which a person may be held responsible for his actions and the violation of criminal laws. 2. Parent or Guardian. It shall be unlawful for a parent or legal guardian to knowingly permit a child or ward younger than ten (10) years of age to violate this Ordinance. 34 3. Sale or Transfer. Upon the sale or other transfer of ownership of a motor assisted scooter, a new Town registration shall be required; provided however, that if the transfer of ownership is between siblings or other family members and the registration on file with the Town identifies the name of the person to whom the scooter has been transferred, then a new registration is not required. 4. Fee. A fee of $4.00 for each scooter (which includes one [1] operator) shall be paid for the registration process to cover the costs associated with the application and registration process. An additional fee of $1.00 per operator per scooter shall also be charged. B. Registration Required. Each motor assisted scooter shall be registered with the Town and each child younger than ten (10) years of age operating a motor assisted scooter shall be registered as a user/operator on the registration application. ACTION BY COUNCIL: (RCB) Attachments: 1. Information Memorandum 2. Ordinance 3. Sample of Scooter Registration and Safety Information Brochure 35 TOWN OF TROPHY CLUB ORDINANCE NO. 20042005-17__ AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NUMBER 2004-17 ESTABLISHING RESTRICTIONS ON THE USE AND OPERATION OF MOTOR ASSISTED SCOOTERS AND ADOPTING A NEW ORDINANCE ESTABLISHING RESTRICTIONS ON THE USE AND OPERATION OF MOTOR ASSISTED SCOOTERS, MINI MOTORBIKES, AND POCKET BIKES; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING DEFINITIONS; PROVIDING RESTRICTIONS AND PROHIBITIONS; FOR THE USE OF MOTOR ASSISTED SCOOTERS AND; POCKETBIKE OR MINIMOTORBIKE PROVIDING FOR A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution; and WHEREAS, in June 2004, the Town Council of the Town of Trophy Club, Texas (the "Town") adopted Ordinance No. 2004-17 adopting has determined that adoption restrictions and regulations on the restriction of the use and operation of motor assisted scooters on the streets, pathways, and trails within the Town of Trophy Club; is necessary in the interest of safety; and WHEREAS, the Town has determined that it is necessary to regulate the operation of Pocket Bikes and Mini Motorbikes in addition to Motor Assisted Scooters and to adopt additional regulations governing the use and operation of Pocket Bikes and Mini Motorbikes, in order to prevent potential traffic hazards and injuries to children; Town Council has determined that requiring children to wear helmets while operating or riding a motor assisted scooter is necessary in the interest of safety; and WHEREAS, the Town Council has determined that it will be advantageous, beneficial and in the best interest of the citizens of Trophy Club to prevent potential traffic hazards and safety hazards resulting from unauthorized use of streets, pathways and trails resulting from children failing to wear helmets to enact certain restrictions on the operation of motor assisted scooters and Pocket bike or Minimotorbike within the Town; and WHEREAS, the Town of Trophy Club is concerned about traffic and pedestrian safety, as well as the safety of all its citizensthe Town has determined that the adoption of regulations 36 governing pocket bikes and mini motorbikes will be advantageous, beneficial and in the best interests of the citizens of Trophy Club; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY TOWN COUNCIL OF THE TOWN OF TROPHY CLUB TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. DEFINITIONS When used in this Ordinance, the following words and phrases shall have the respective meanings ascribed to them: “Child” means any individual under eighteen (18) years of age. “Daytime hours” means the time period beginning one-half hour before sunrise and ending one-half hour after sunset. “Helmet” means properly fitted protective headgear that is not structurally damaged and that conforms to the standards of the American National Standards Institute, the American Society for Testing and Materials, the Snell Memorial Foundation or any federal agency having regulatory jurisdiction over bicycle helmets, as applicable, at the time of the manufacture of the helmet. “Motor assisted scooter” shall have the same meaning assigned by Texas Transportation Code Section 551.301(2), as it exists or may be amended, and includes self-propelled device with at least two (2) wheels in contact with the ground during operation; a braking system capable of stopping the device under typical operating conditions; a gas or electric motor forty (40) cubic centimeters or less; a deck designed to allow a person to stand or sit while operating the device; and the ability to be propelled by human power alone. “Parent” means the natural or adoptive parent or court-appointed guardian or conservator of a child. “Pocket bike” or “Mini motorbike” shall have the same meaning assigned by the Texas Transportation Code Section 551.301, as it exists or may be amended, and includes a self-propelled vehicle that is equipped with an electric motor scooter or internal combustion engine having a piston displacement of less than 50 cubic centimeters, is designed to propel itself with not more than two (2) wheels in contact with the ground, has a seat or saddle for the use of the operator, is not designed for use on a highway, and 37 is ineligible for a certificate of title under Chapter 501 of the Texas Transportation Code, as it exists or may be amended; but does not include a moped, motorcycle, electric bicycle, motor-driven cycle, motorized mobility device, electric personal assistive mobility device or a neighborhood electric vehicle as those are defined in the Texas Transportation Code, as it exists or may be amended “Public way” or “Public property” means real property owned, leased or controlled by a political subdivision of the State of Texas, a governmental entity or agency, or similar entity, or any property that is publicly owned or maintained or dedicated to public use, including, but not limited to, a path, trail, sidewalk, alley, street or highway, and a public park facility. “Town” means the Town of Trophy Club, Texas. “Wearing a helmet” means that the person has a helmet fastened securely to his/her head with the straps of the helmet securely tightened in the manner intended by the manufacturer to provide maximum protection. SECTION 3. RESTRICTIONS AND PROHIBITIONS A. Locations of Use 1. A motor assisted scooter shall only be operated on public streets and highways during daytime hours as defined herein. 2. A motor assisted scooter shall only be operated on paths and trails located within a public park or paths and trails designated as part of a public pathway system. 3. It shall be unlawful for any person to operate or ride a motor assisted scooter on any path, trail, alley, street or highway within the Town, except in accordance with the provisions of this Ordinance. 4. It shall be unlawful for a parent or guardian to allow or permit a child or ward to operate or ride a motor assisted scooter on any path, trail, alley, street or highway within the Town, in violation of any provision of this Ordinance. 5. It shall be unlawful for a parent to knowingly allow a child to operate or ride a motor assisted scooter in a restricted or prohibited area. 6. It shall be is unlawful for any child, licensed minor or adult to operate or ride a minimotorbike or a pocketbike on any public way or public property within the CityTown. 7. It shall be is unlawful for a parent to allow or permit a Child or licensed minor to operate or ride a minimotorbike or a pocketbike on any public way or public property within the CityTown. 38 8. There is a presumption It is presumed that a parent allowed a Child or licensed minor to operate or ride a motor assisted scooter, a minimotorbike or a pocketbike in a restricted or prohibited area. B. Helmets Required. 1. The following criteria shall apply to operators of motor assisted scooters: (a) It shall be unlawful for any child to operate or ride a motor assisted scooter, a minimotorbike or a pocketbike unless the child is wearing a helmet. (b) It shall be unlawful for a parent to knowingly allow or permit a child to operate a minimotorbike , a pocketbike or ride a motor assisted scooter unless the child is wearing a helmet. (c) It is a defense to prosecution that the motor assisted scooter, minimotorbike , or pocketbike was not being operated upon public property or a public way at the time of the alleged offense. SECTION 4. 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 Five Hundred Dollars ($500.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 5. 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; provided however, that Ordinance No. 2004-17 is hereby repealed. 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 Ordinance No. 2004-17 on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 6. SEVERABILITY 39 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 7. SAVINGS That all rights and remedies of the Town of Trophy Club are expressly saved as to any and all violations of the provisions of any Ordinances regarding restrictions and prohibitions for motor assisted scooters and/or helmets that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 8. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 9. 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 10. 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 21st 5th day of JuneDecember, 20045. Mayor Town of Trophy Club, Texas Effective Date: 40 [SEAL] ATTEST: Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas 41 TOWN OF TROPHY CLUB ORDINANCE NO. 2005-__ AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NUMBER 2004-17 ESTABLISHING RESTRICTIONS ON THE USE AND OPERATION OF MOTOR ASSISTED SCOOTERS AND ADOPTING A NEW ORDINANCE ESTABLISHING RESTRICTIONS ON THE USE AND OPERATION OF MOTOR ASSISTED SCOOTERS, MINI MOTORBIKES, AND POCKET BIKES; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING DEFINITIONS; PROVIDING RESTRICTIONS AND PROHIBITIONS; PROVIDING FOR A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution; and WHEREAS, in June 2004, the Town Council of the Town of Trophy Club, Texas (the "Town") adopted Ordinance No. 2004-17 adopting adoption restrictions and regulations on the use and operation of motor assisted scooters on the streets, pathways, and trails within the Town of Trophy Club; and WHEREAS, the Town has determined that it is necessary to regulate the operation of Pocket Bikes and Mini Motorbikes in addition to Motor Assisted Scooters and to adopt additional regulations governing the use and operation of Pocket Bikes and Mini Motorbikes, in order to prevent potential traffic hazards and injuries to children; and WHEREAS, the Town has determined that the adoption of regulations governing pocket bikes and mini motorbikes will be advantageous, beneficial and in the best interests of the citizens of Trophy Club; and NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. 42 SECTION 2. DEFINITIONS When used in this Ordinance, the following words and phrases shall have the respective meanings ascribed to them: “Child” means any individual under eighteen (18) years of age. “Daytime hours” means the time period beginning one-half hour before sunrise and ending one-half hour after sunset. “Helmet” means properly fitted protective headgear that is not structurally damaged and that conforms to the standards of the American National Standards Institute, the American Society for Testing and Materials, the Snell Memorial Foundation or any federal agency having regulatory jurisdiction over bicycle helmets, as applicable, at the time of the manufacture of the helmet. “Motor assisted scooter” shall have the same meaning assigned by Texas Transportation Code Section 551.301(2), as it exists or may be amended, and includes self-propelled device with at least two (2) wheels in contact with the ground during operation; a braking system capable of stopping the device under typical operating conditions; a gas or electric motor forty (40) cubic centimeters or less; a deck designed to allow a person to stand or sit while operating the device; and the ability to be propelled by human power alone. “Parent” means the natural or adoptive parent or court-appointed guardian or conservator of a child. “Pocket bike” or “Mini motorbike” shall have the same meaning assigned by the Texas Transportation Code Section 551.301, as it exists or may be amended, and includes a self-propelled vehicle that is equipped with an electric motor scooter or internal combustion engine having a piston displacement of less than 50 cubic centimeters, is designed to propel itself with not more than two (2) wheels in contact with the ground, has a seat or saddle for the use of the operator, is not designed for use on a highway, and is ineligible for a certificate of title under Chapter 501 of the Texas Transportation Code, as it exists or may be amended; but does not include a moped, motorcycle, electric bicycle, motor-driven cycle, motorized mobility device, electric personal assistive mobility device or a neighborhood electric vehicle as those are defined in the Texas Transportation Code, as it exists or may be amended “Public way” or “Public property” means real property owned, leased or controlled by a political subdivision of the State of Texas, a governmental entity or agency, or similar entity, or any property that is publicly owned or maintained or dedicated to public use, including, but not limited to, a path, trail, sidewalk, alley, street or highway, and a public park facility. “Town” means the Town of Trophy Club, Texas. 43 “Wearing a helmet” means that the person has a helmet fastened securely to his/her head with the straps of the helmet securely tightened in the manner intended by the manufacturer to provide maximum protection. SECTION 3. RESTRICTIONS AND PROHIBITIONS A. Locations of Use 1. A motor assisted scooter shall only be operated on public streets and highways during daytime hours as defined herein. 2. A motor assisted scooter shall only be operated on paths and trails located within a public park or paths and trails designated as part of a public pathway system. 3. It shall be unlawful for any person to operate or ride a motor assisted scooter on any path, trail, alley, street or highway within the Town, except in accordance with the provisions of this Ordinance. 4. It shall be unlawful for a parent or guardian to allow or permit a child or ward to operate or ride a motor assisted scooter on any path, trail, alley, street or highway within the Town, in violation of any provision of this Ordinance. 5. It shall be unlawful for a parent to knowingly allow a child to operate or ride a motor assisted scooter in a restricted or prohibited area. 6. It shall be unlawful for any child, licensed minor or adult to operate or ride a minimotorbike or a pocketbike on any public way or public property within the Town. 7. It shall be unlawful for a parent to allow or permit a Child or licensed minor to operate or ride a minimotorbike or a pocketbike on any public way or public property within the Town. 8. There is a presumption that a parent allowed a Child or licensed minor to operate or ride a motor assisted scooter, a minimotorbike or a pocketbike in a restricted or prohibited area. B. Helmets Required. 1. The following criteria shall apply to operators of motor assisted scooters: (a) It shall be unlawful for any child to operate or ride a motor assisted scooter, a minimotorbike or a pocketbike unless the child is wearing a helmet. 44 (b) It shall be unlawful for a parent to knowingly allow or permit a child to operate a minimotorbike, a pocketbike or ride a motor assisted scooter unless the child is wearing a helmet. (c) It is a defense to prosecution that the motor assisted scooter, minimotorbike, or pocketbike was not being operated upon public property or a public way at the time of the alleged offense. SECTION 4. 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 Five Hundred Dollars ($500.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 5. 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; provided however, that Ordinance No. 2004-17 is hereby repealed. 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 Ordinance No. 2004-17 on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 6. 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 7. SAVINGS That all rights and remedies of the Town of Trophy Club are expressly saved as to any and all violations of the provisions of any Ordinances regarding restrictions and prohibitions for motor assisted scooters and/or helmets that have accrued at the time of the effective date of this 45 Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 8. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 9. 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 10. 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 5th day of December, 2005. Mayor Town of Trophy Club, Texas Effective Date: [SEAL] ATTEST: Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: 46 Town Attorney Town of Trophy Club, Texas 47 48 49 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-5-2005 Subject: Agenda Item No.D.7 Discuss and take appropriate action regarding an Ordinance repealing Town Ordinance No. 2005-17 in its entirety, and adopting a new Ordinance relating to a new construction fee schedule for the Town. EXPLANATION: Staff has reviewed the fee schedule adopted based on the Maximus study and found that some of the fees required adjustment. This ordinance addresses those changes. (bg) Attachments: 1. Ordinance 50 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2005-__ AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING ORDINANCE NO. 2005-20, THE SAME BEING AN ORDINANCE ADOPTING A SCHEDULE OF FEES FOR THE TOWN BY REPEALING ALL FEES RELATED TO NEW CONSTRUCTION, AND PROVIDING FOR THE ADOPTION OF A NEW SCHEDULE OF FEES FOR THE TOWN RELATED TO NEW CONSTRUCTION BY INCORPORATION OF EXHIBIT “A”, ENTITLED NEW BUILDING CONSTRUCTION FEE SCHEDULE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A PUBLICATION CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution; and WHEREAS, on August 30, 2004, the Town adopted the 2003 Edition of the International Building Code, (hereinafter “IBC”); and WHEREAS, Section 108.2 of the IBC calls for the governing authority to establish a Fee Schedule for all work requiring a permit; and WHEREAS, the Town has conducted a study of fees to insure the Town is accurately recovering the costs associated with the services provided; and WHEREAS, staff has identified miscalculations adopted by 2005-20 and recommends Council approval of the complete fee schedule for new construction; and WHEREAS, the fees adopted hereby are set forth in Exhibit “A” and all schedules thereto (collectively referred to as “Exhibit ‘A’”) are reasonable and reflect reimbursement for administrative costs incurred by the Town in providing various services to the public (A copy of Exhibit “A” is attached hereto and incorporated herein by this reference); and NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: 51 SECTION 1. INCORPORATION OF PREMISES/PURPOSE The foregoing premises are hereby adopted in their entirety and there is hereby adopted a Schedule of Fees, including any schedule thereto, and incorporated herein for all purposes for the Town of Trophy Club, Texas, the payment of which shall be a condition precedent to the issuance of any permit, any inspection or the provision of a copy of any ordinance, resolution or any other Town record or document. Such fees represent the reasonable administrative costs of the Town in providing services to the public. SECTION 2. APPLICABILITY/CONFLICT The provisions of this Ordinance shall apply to all fees established herein and shall be levied by the Town of Trophy Club, Texas, immediately upon the effective date of this Ordinance. Separately adopted ordinances may also address applicable fees for other permit requirements and services provided within the Town of Trophy Club. In the event there is a conflict between the amount of a fee enacted by a separately adopted Ordinance, the fee amount set forth herein shall apply unless the separately adopted Ordinance specifically provides that it controls. This Ordinance should not be construed to be all inclusive of required permits or fees within the Town of Trophy Club. SECTION 3. DEFINITIONS When used in this Ordinance, the following terms shall have the respective meanings ascribed to them: Accessory Building: A subordinate building or structure of masonry and/or wood construction, detached from the main building, and customarily incidental to the principal building. Addition: An extension or increase in floor area or height of a building or structure. Apartment: Any building, or portion thereof which is designed, built, rented, leased, let or hired out to be occupied as three (3) or more apartments or which is occupied as the home or residence of three (3) or more families living independently of each other and maintaining separate cooking facilities. Assembly Group: A building or portion of a building used for the gathering together of fifty (50) or more persons for such purposes as entertainment, education, worship, amusement, drinking or dining. 52 Commercial Carport: A permanent roofed structure constructed on a commercially zoned tract of land, entirely open on at least two sides, designed or used to shelter not more than two private passenger vehicles. Condominium: The separate ownership of single units or apartments in a multiple unit structure or structures with common elements as defined in Article 1301a, Texas Revised Civil Statutes Annotated, as amended. Congregate Care: Any building or portion thereof that contains facilities for living, sleeping and sanitation that may include facilities for eating and cooking, for occupancy by other than a family. A congregate care building may be a convent or monastery, but does not include jails, hospitals, nursing homes, hotels or lodging houses. Day Care Facility: An establishment where more than three (3) unrelated children under fourteen (14) years of age are left for care, training, education, custody, or supervision during the day or any portion thereof. The term “day care center” shall not include overnight lodging, medical treatment, counseling, or rehabilitative services, and does not apply to any school, public or private, as herein defined. Such facility shall be operated in a manner as required by Chapter 42 of the Human Resources Code of the state of Texas, as amended, and in accordance with such standards as may be promulgated by the Texas Department of Human Resources. Educational Building: A building reserved for the use of primary and secondary students (ages 5 to 18). Guest House: A secondary structure on a lot which may contain dwelling accommodations for the temporary occupancy by guests and not for rent or permanent occupancy, and such building not having a separate utility meter. Hospital/Medical 24 Hour Care: A facility providing health services primarily for human in- patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central services facilities, and staff offices that are an integral part of the facilities. Hotel/Motel: A building or group of buildings designed and occupied as a temporary abiding place for individuals. To be classified as a hotel an establishment shall contain a minimum of six (6) individual guest rooms or units and may furnish customary services such as linen, maid service, telephone, use and upkeep of furniture. a. High Rise: Any building, as defined above, exceeding five stories. b. Low Rise: Any building, as defined above, with one to four stories. Office: Office space used for indeterminate purposes which may include corporate, governmental, medical, or other forms of usage. Medical/24 Hour Care: Refer to “Hospital”. 53 Multi-Family Residential: A building or buildings containing or aggregating four or more single-family dwelling units. Repair Garage: A repair garage is any building or part there of which is used for painting, body and fender work, engine overhauling or other major repair of motor vehicles. This occupancy shall not include motor vehicle service stations. Residential Garage: An accessory building or a portion of a main building for the storage or parking of motor vehicles as may be required in connection with the permitted use of the main building. A private garage shall be totally enclosed with the only exceptions being openings used for access or ventilation, shall be constructed of similar style and material as the main structure. Service Station: A retail place of business engaged primarily in the sale of motor fuels, but also supplying goods and services required in the operation and maintenance of automotive vehicles. These may include petroleum products, tires, batteries, automotive accessories and replacement items, washing and lubrication services, the performance of minor automotive maintenance and repair, and the supplying of other incidental customer services and products, but excluding major automotive repairs, painting, and body and fender work. Shell Building: The construction of a functioning building, including site work, the building envelope and public areas, with operating elevators and core utility systems, but excluding work in the areas reserved for tenant occupancy. Single Family: A portion of an enclosed building having accommodations for and occupied by only one family, attached to like units, which units may be sold individually provided that the entire building meets all lot area, front yard, side yard, rear yard, height and other zoning requirements. Tennant Improvement: The completion, remodeling or altering of a space within an existing building. SECTION 4. AMENDMENT The individual fees are subject to change to reflect the Town’s actual costs and as such, the fees herein may be changed by the Town Council at any regular or scheduled public meeting through a simple majority vote in compliance with applicable law. SECTION 6. CUMULATIVE REPEALER 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 and where such other ordinances(s) does not specifically state that fees contained therein take precedence; provided however, that Ordinance No. 2005-20 is hereby 54 repealed. 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 unless such ordinance specifically states that it controls over this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to Ordinance No. 2005-20 on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 7. SAVINGS All rights and remedies of the Town of Trophy Club are expressly saved as to any and all violations of the provisions of any Ordinances affecting fees and as to any and all claims or causes of action regarding any fees imposed by Ordinance or other Town regulation which have accrued prior to or at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending causes of action, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 8. 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 or unconstitutionality and that such remaining portions shall remain in full force and effect. SECTION 9. PENALTY CLAUSE It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 10. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. 55 SECTION 11. 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 in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. SECTION 12. EFFECTIVE DATE That this Ordinance shall be in full force and effect from and after its date of passage and publication, in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 5th day of December, 2005. Mayor Town of Trophy Club, Texas Effective Date: [SEAL] ATTEST: Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas 56 EXHIBIT “A” 57 58 59 60 61 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-5-2005 Subject: Agenda Item No.D.8 Items for Future Agenda. 1. Long term capital project list, projected fiscal impact and surveys for resident input on potential projects. 2. Discussion and appropriate action for Parks and Recreation future plans for Marshall Creek. 3. Status of street repairs and bonds, including recommendation. 4. Public Safety Advisory Group researching ways to handle the garage sale traffic. 5. Discuss and take appropriate action regarding amendment to the Schedule of Fees 2005-20 Ordinance to include possible inclusion on Recreational User Fees. (January 23rd, 2006) 6. Discuss and take appropriate action regarding amendments to the restrictions on apartment ordinance. (January) 62 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-5-2005 Subject: Agenda Item No.E.1 Council will convene into Executive Session for Consultation with Town Attorney pursuant to Section 551.071 (a) and (b) of the Open Meetings Act3 to consult 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 conflicts with the Open Meetings Act (§551.071 [a] & [b]): 1. Petition for Charter Amendment 63 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-5-2005 Subject: Agenda Item No.E.2 Discuss and take appropriate action relative to Executive Session Item Number E1. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: None 64 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-5-2005 Subject: Agenda Item No.F.1 Adjourn.