Agenda Packet TC 03/07/2005Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, March 7, 2005
6:00 P.M.
A.1 Joint Workshop: Economic Development Corporation A and Economic Development
Corporation B.
A.2 Town Council, EDC A and EDC B to call to order and announce a quorum.
A.3 Town Council, EDC A and EDC B to meet with Chamber representatives and local
developers and to discuss future development and development issues.
A.4 EDC A and EDC B to adjourn.
A.5 Invocation.
A.6 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.7 Discuss and take appropriate action regarding the approval of fiscal year end September
2004 Audit.
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 direct staff regarding dual roles of EDC A Corporation/Ways and Means
Advisory Group with respect to establishing a separate corporation and advisory group.
B.4 Town Council to interview and take appropriate action by Resolution to appoint two
candidates to EDC B.
A. Tillman C. Burks, III
B. Michael E. Claussen
C. John W. Cochran
D. Amanda Foust
E. Vivek Ratna
F. Ralph Wm. Scoggins
B.5 Discuss and take appropriate action regarding approval of EDC B funding of booth for
Northwest Communities Partnership Realtor Conference in April in the amount of
$1,350.00.
B.6 Discuss and take appropriate action regarding approval of EDC B funding of 20th Year
Anniversary and Arbor Day Celebration in amount of $3,850.00.
B.7 Discuss and take appropriate action regarding a request for a Temporary Use Community
Garage Sale granted by Special Privilege. (Applicant: Anna Langley, Trophy Club
Women's Club)
D.1 Consent agenda: Discuss and take appropriate action to approve financials dated January
2005.
D.2 Consent agenda: Discuss and take appropriate action to approve minutes dated February
7, 2005.
D.3 Consent Agenda: Discuss and Take appropriate action regarding Racial Profiling Report
for 2004.
D.4 Consent Agenda: Discuss and take appropriate action regarding a Resolution supporting
House Bill 1227 regarding Utility Relocation.
D.5 Consent Agenda: Discuss and take appropriate action to appoint Lisa Ramsey as Interim
Town Secretary.
F.1 Adjourn.
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-7-2005
Subject: Agenda Item No.A.1
Joint Workshop: Economic Development Corporation A and Economic
Development Corporation B.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: None
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-7-2005
Subject: Agenda Item No.A.2
Town Council, EDC A and EDC B to call to order and announce a quorum.
(dc)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-7-2005
Subject: Agenda Item No.A.3
Town Council, EDC A and EDC B to meet with Chamber representatives and local
developers and to discuss future development and development issues.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-7-2005
Subject: Agenda Item No.A.4
EDC A and EDC B to adjourn.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-7-2005
Subject: Agenda Item No.A.5
Invocation.
(dc)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-7-2005
Subject: Agenda Item No.A.6
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."
(dc)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-7-2005
Subject: Agenda Item No.A.7
Discuss and take appropriate action regarding the approval of fiscal year end
September 2004 Audit.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(Initials)
Attachments: 1. Audit
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-7-2005
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.
(dc)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-7-2005
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.
(dc)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-7-2005
Subject: Agenda Item No.B.3
Discuss and direct staff regarding dual roles of EDC A Corporation/Ways and
Means Advisory Group with respect to establishing a separate corporation and
advisory group.
EXPLANATION:
Given the six applicants for EDC B, the Council could choose to establish an EDC A
appointment separate from Ways and Means. Utilization of the the four non-selected applicants
for EDC-B would allow 5 Ways & Means members, 5 EDC A members and 7 EDC B members
allowing additional residents to be involved.
RECOMMENDATION: This is being brought forth for Council consideration not as a staff
recommendation.
ACTION BY COUNCIL:
Attachments: 1. Ordinance 2000-07 Calling EDC A Election May 2000
2. Resolution 2000-06 Public Hearing regarding EDC A
3. Resolution 2000-11 Creation of EDC A
4. Articles of Incorp. for EDC A
5. Bylaws – EDC A
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-7-2005
Subject: Agenda Item No.B.4
Town Council to interview and take appropriate action by Resolution to appoint
two candidates to EDC B.
A. Tillman C. Burks, III
B. Michael E. Claussen
C. John W. Cochran
D. Amanda Foust
E. Vivek Ratna
F. Ralph Wm. Scoggins
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(Initials)
Attachments: 1. Resolution
2. Candidates applications
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2005 -
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,
TEXAS, APPOINTING TWO (2) CITIZENS TO TWO (2) SEATS ON THE ECONOMIC
DEVELOPMENT CORPORATION B COMMITTEE FOR THE REMAINDER OF THE
UNEXPIRED TERMS BOTH EXPIRING ON JUNE 30, 2006; OR A TWO (2) YEAR
TERM; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town benefits by having its citizens involved in local government through
service on Town Committees.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS:
Section 1. That the Town of Trophy Club, Texas, agrees that the following individuals to
both be designated and is hereby duly appointed to complete a two year term, expiring June 30, 2006 in
the capacity as set out herein:
Economic Development Corporation 4B
1.
2.
Section 3. 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 7th
day of March, 2005.
_______________________________________
Scott Smith, Mayor
Town of Trophy Club, Texas
ATTEST:
___________________________________
Diane Cockrell, Town Secretary
Town of Trophy Club, Texas
[Seal]
APPROVED AS TO FORM:
____________________________________
Town Attorney
Town of Trophy Club, Texas
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-7-2005
Subject: Agenda Item No.B.5
Discuss and take appropriate action regarding approval of EDC B funding of booth
for Northwest Communities Partnership Realtor Conference in April in the amount
of $1,350.00.
EXPLANATION:
To build an ongoing relationship with visibility in the surrounding areas with realtors; chambers,
landowner, businesses, city and town officials.
RECOMMENDATION:
ACTION BY COUNCIL:
(Initials)
Attachments: 1. Signed application of funds form.
2. Expenditure form showing how money will be utilized.
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-7-2005
Subject: Agenda Item No.B.6
Discuss and take appropriate action regarding approval of EDC B funding of 20th
Year Anniversary and Arbor Day Celebration in amount of $3,850.00.
EXPLANATION:
To build an ongoing relationship with visibility in the surrounding areas with realtors; chambers,
landowner, businesses, city and town officials.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Signed Application of Funds form.
2. Expenditure form showing how money will be utilized.
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-7-2005
Subject: Agenda Item No.B.7
Discuss and take appropriate action regarding a request for a Temporary Use
Community Garage Sale granted by Special Privilege. (Applicant: Anna Langley,
Trophy Club Women's Club)
LOCATION:
OWNER:
APPLICANT: Anna Langley, Trophy Club Women’s Club
LAND PLANNER:
NO. NOTICES SENT:
RESPONSES:
STAFF COMMENTS: There will be no changes from the way the event has been run the
past several years. Anna Langley has been in contact with Randy Briggs to discuss any
DPS issues for the event.
The spring garage sale will be held April 30th and the fall sale will occur October 1st. For each
event, no alternate rain day is planned.
The Commission unanimously recommended approval of the request at their 17 February 2005
meeting.
(kcf)
TOWN OF TROPHY CLUB 100 MUNICIPAL DRIVE
TROPHY CLUB, TEXAS 76262
PHONE # (682) 831-4681 FAX # (817) 490-0705
TEMPORARY USE PERMIT APPLICATION
DATE: February 7, 2005
ADDRESS OR AREA OF REQUEST: Town of Trophy Club
SECTION: ZONING DISTRICT:
NAME/NAME OF ORGANIZATION: Trophy Club Women's Club
APPLICANT/ORGANIZATION ADDRESS: 111 Carnoustie Dr., Trophy Club
PHONE #: FAX #: EMAIL ADDRESS:
817-961-0526 682.831.0015 walangley@charter.net
Request to hold a bi-annual Trophy Club Garage Sale
sponsored by the Trophy Club Women's Club
Spring Date: April 30, 2005
Fall Date: October 1, 2005
DESCRIPTION OF
TEMPORARY USE
REQUEST:
No rain date
DATE OF REQUEST: April 30, October 1 TIME OF EVENT: 8:00 - 4:00
DEPARTMENT OF PUBLIC SAFETY APPROVAL: Yes No
FOR PLANNING DEPARTMENT USE
Application Submission Fee: ______________ Date: __________ Check No.: ____________
TIMELINE
EVENT DATE ACTION COMMENTS
*P&Z
Commission Meeting 2/17/05 Approved
Town Council
Meeting 3/7/05
Effective Date of
Event/Use
Expiration Date
of Event/Use
*Extension
Granted by Zoning
Coordinator
* If applicable, see Zoning Requirements for details
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-7-2005
Subject: Agenda Item No.D.1
Consent agenda: Discuss and take appropriate action to approve financials dated
January 2005.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: None, previously emailed to you by Renae.
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-7-2005
Subject: Agenda Item No.D.2
Consent agenda: Discuss and take appropriate action to approve minutes dated
February 7, 2005.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Minutes dated February 7, 2005.
MINUTES OF WORKSHOP/REGULAR TOWN COUNCIL
MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, February 7, 2005
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in Workshop/Regular Session on Monday,
February 7, 2005. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Scott Smith Mayor
Scott Spence Mayor Pro Tem
Susan Edstrom Council Member
Roger Williams Council Member
Beverly Foley Council Member
Pam Cates Council Member
STAFF AND GUEST(S) PRESENT:
Donna Welsh Town Manager
Diane Cockrell Town Secretary
Roger Unger Finance Director
Beth Ann Gregory Community Development Manager
Patricia Adams Town Attorney
A.1 Call to order and announce a quorum.
Mayor Smith called the Workshop/Regular Session to order at 7:05 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."
Mayor Pro Tem Spence led the pledges.
A.4 Public Works Citizen Advisory Group Workshop to discuss current/recent projects.
This agenda item was heard after the Audit.
Roger Unger explained that the group has reviewed the Indian Creek/Shields Court reconstruction project
and the
General Curb and Street Repair “bid” and they are getting ready to plan future road projects.
Riley Mills shared that the Advisory Group recommends all alternates on the Indian Creek/Shields Court
project.
The new Cartagraph software has really turned out to be better than expected to create a database of all
the streets
and tracking the maintenance and restoration of streets.
A.5 Ways & Means Citizen Advisory Group Workshop to discuss current/recent projects.
Roger Unger shared that the group has recently reviewed the Audit and discussed the 2005/2006
budgeting
process. Neil Twomey, Dwight Morrow and Gary Cantrell were present for discussion. The group also
has some
members that would like to see a zero based budget.
*REGULAR SESSION
A.6 Discuss and take appropriate action regarding the approval of fiscal year end September
2004 Audit.
Council Member Cates moved to table this item until the next meeting. Council Member Edstrom
seconded.
The motion failed 2-3-0 with Council Members Cates and Edstrom voting for the motion and Council
Members
Williams and Foley and Mayor Pro Tem Spence voting against.
Chris Rutledge explained that there is a dramatic change in the presentation of the audit and financial
statement,
the audit found an “unqualified” opinion attached to the financial statements of the Town’s 2004-2005
Audit.
Council Member Cates moved to table the Audit until the February 21st Council meeting for
consideration. Council Member seconded; motion carried unanimously.
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.
There were no presentations.
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.
Council and staff reports were given.
B.3 Discuss and take appropriate action regarding an Ordinance calling a General Election for
May 7, 2005 for Mayor and two Council Members.
Council Member Williams moved to approve. Council Member Edstrom seconded; motion carried
unanimously.
B.4 Discuss and take appropriate action regarding accepting and awarding the Engineer's
recommended bid for the 2005 Annual Miscellaneous Concrete Repair Project
Council Member Foley moved to accept and award the bid to Driveway Maintenance in the amount of
$82,600. as recommended by Teague, Nall and Perkins. Council Member Edstrom seconded; motion
carried unanimously.
B.5 Discuss and take appropriate action regarding accepting and awarding the Engineer's
recommended bid for Paving and Drainage Improvements for Indian Creek Drive and
Shields Court Project
George Mikovsky of 5 Valley Wood Court addressed the Council.
Council Member Edstrom moved to accept and award the base bid to McClendon Construction Company,
Inc. addition of B, D and A contingent on the approval of the Municipal Utility District for the Indian
Creek Drive project. Council Member Williams seconded; motion carried unanimously.
Staff will come back with a bid for a curb cut at Valley Wood for consideration.
D.1 Consent Agenda: Discuss and take appropriate action regarding a resolution endorsing
certain legislative changes to Senate Bill 7 supported by Cities Aggregation Power Project,
Inc. "CAPP"
D.2 Consent Agenda: Discuss and take appropriate action regarding Minutes dated January 17,
2005.
D.3 Consent Agenda: Discuss and take appropriate action to approve Financials dated
December 31, 2004.
Diane Cockrell requested the removal of item D.2 minutes dated January 17, 2005 for discussion. Council
Member Edstrom moved to approve D.1 CAPP Resolution and D.3 Finacials dated December 31, 2004.
Council Member Foley seconded; motion carried unanimously.
Diane Cockrell shared that the minutes should show Scott Smith as present and Scott Spence as absent.
Council Member Edstrom moved to approve. Council Member Foley seconded; motion carried
unanimously.
D.4 Additional Information for Council.
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be
enacted by one motion. There will not be a separate discussion of these items. If discussion is
desired, that item will be removed from the consent agenda and will be considered separately.
The Council convened into Executive Session at 8:58 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) and
(b) "Consultation with Attorney", the Council will enter into executive session to discuss the
following:
(A) Consultation with Town Attorney on a matter in which the duty of the Attorney to the
Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar
of Texas clearly conflict with the Open Meetings Act (551.071 (b)).
(1) Legal Advice Relative to proposed Sign Ordinance
Council reconvened into Regular Session at 9:17 p.m.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
F.1 Discuss and take appropriate action regarding an ordinance repealing Town Ordinance No.
2004-02 P&Z, and adopting new provisions relating to sign regulations.
Council Member Edstrom moved to approve as presented with recommended changes by P&Z as
discussed. Council Member Williams seconded; motion carried 4-1-0 with Council Members Williams,
Edstrom, Cates and Foley voting for and Mayor Pro Tem Spence voting against.
F.2 Adjourn.
Council Member Foley moved to adjourn at 9:29 p.m. Council Member Edstrom seconded; motion
carried unanimously.
_____________________________________________
Mayor, Town of Trophy Club, Texas
_____________________________________________________
Town Secretary, Town of Trophy Club
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-7-2005
Subject: Agenda Item No.D.3
Consent Agenda: Discuss and Take appropriate action regarding Racial Profiling
Report for 2004.
EXPLANATION: Department of Public Safety Annual Racial Profiling Report
RECOMMENDATION: Staff recommends approval
ACTION BY COUNCIL:
(RCB)
Attachments: 1. Information Memorandum
2. Memo from Director of Police and Fire Services
3. Racial Profiling Summary Report
TROPHY CLUB
DEPARTMENT OF PUBLIC SAFETY
INTEROFFICE MEMORANDUM
TO: TOWN COUNCIL
FROM: DIRECTOR RANDALL C. BRIGGS #038
SUBJECT: 2004 RACIAL PROFILING REPORT
DATE: 3/3/2005
CC: DONNA WELSH-TOWN MANAGER
Shown below is the annual racial profiling report summary for 2004.
As you know, all local law enforcement agencies are required to issue a report by March 1, to
their local governing bodies, which should consist, in part, of a comparative analysis of racial
profiling data collected pursuant to SB1074.
A report required under SB 1074,Subsection (b) must include:
(1) a comparative analysis of the information compiled under Article 2.133 CCP to:
(A) determine the prevalence of racial profiling by peace officers employed by the
agency; and
(B) examine the disposition of traffic and pedestrian stops made by officers employed
by the agency, including searches resulting from the stops; and
(2) information relating to each complaint filed with the agency alleging that a peace officer
employed by the agency has engaged in racial profiling.
A law enforcement agency shall compile and analyze the information contained in each report received
by the agency under Article 2.133. Not later than March 1 of each year, each local law enforcement
agency shall submit a report containing the information compiled during the previous calendar year to the
governing body of each county or municipality served by the agency in a manner approved by the agency.
The Trophy Club Department of Public Safety did not receive or have any complaints pertaining
to allege racial profiling for calendar year 2004.
Race Sex Search Consent Jailed Count
A F N N N 5
A M N 2
A M N N N 14
A Total 21
B F N 1
B F N N N 3
B F N N Y 1
B M N 1
B M N N N 8
B M N N Y 1
B Total 15
C F N 25
C F N N N 175
C F Y N N 2
C F Y Y N 2
C F N 5
C F N N N 56
C M N 46
C M Y 1
C M N N N 256
C M N N Y 1
C M Y N N 7
C M Y Y N 10
C M N 13
C M N N N 86
C M Y N N 1
C N N N 1
C Total 687
H F N 2
H F N N N 15
H M N 9
H M N N N 68
H Total 94
M N N N 1
M Total 1
Unk F N 1
Unk F N N N 4
Unk M N N N 2
Unk N 23
Unk N N N 26
Unk Total 56
Grand Total 874
Racial Profiling Summary 2004
Asian Total
2.40%
Middle Eastern Total
0.11%
Unk Total
6.41%
Hispanic Total
10.76%
Caucasian Total
78.60%
African American
Total
1.72%
Unk Total Asian Total African American Total
Caucasian Total Hispanic Total Middle Eastern Total
Unk Total 56
Asian Total 21
African American Total 15
Caucasian Total 687
Hispanic Total 94
Middle Eastern Total 1
Person Search - Type of Sex
85%
15%
M =
F =
Person Not Searched - Type Sex
61%
39%
No Search M =
No Search F =
Person who Consented to Search by Type of Sex
85%
15%
M =
F =
Person not Consenting to Search - Type of Sex
61%
39%
M =
F =
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-7-2005
Subject: Agenda Item No.D.4
Consent Agenda: Discuss and take appropriate action regarding a Resolution
supporting House Bill 1227 regarding Utility Relocation.
EXPLANATION:
This Texas Municipal League sponsored bill on Utility Relocation would provide that: (a) a city
may require a utility to relocate its property in the city’s right-of-way, at the utility’s expense, to
accommodate the construction or improvement of a road, street, or other public works project;
(b) the city must give the utility 30 days’ written notice, must provide a new location in the right-
of-way, and must give a reasonable amount of time to relocate; and (c) the time for relocation
may be extended by mutual agreement.
In most instances the burden currently falls to the municipality, causing cities to expend large
sums of taxpayer money on relocation instead of actual construction.
RECOMMENDATION:
Staff recommends approval.
ACTION BY COUNCIL:
bg
Attachments: 1. Information Memorandum
2. Resolution
3. HB 1227
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2005-
A RESOLUTION OF THE TOWN OF TROPHY CLUB TEXAS,
ENDORSING HOUSE BILL 1227 SUPPORTED BY TEXAS MUNICIPAL
LEGUAE; PROVIDING THAT A CITY MAY REQUIRE A UTILITY TO
RELOCATE ITS PROPERTY IN THE CITY’S RIGHT-OF-WAY, AT
THE UTILITY’S EXPENSE, TO ACCOMMODATE THE
CONSTRUCTION OR IMPROVEMENT OF A ROAD, STREET, OR
OTHER PUBLIC WORKS PROJECT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas (Town) has historically been active in
the process of regulation of utilities; and
WHEREAS, the Town has a vested financial interest in the requirement for utilities to
bear the financial burden of line relocation in public easements,
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the recitals contained in the preamble of this Resolution are determined
to be true and correct and are hereby adopted as a part of this Resolution.
Section 2. The Town of Trophy Club does hereby endorse House Bill 1227 and its
efforts to ensure the utility companies financial responsibility for the relocation of lines to
accommodate the construction or improvement of a road, street, or other public works project
Section 3. That this Resolution shall take effect from and after its date of passage in
accordance with the law.
PASSED and APPROVED by the Town Council of the Town of Trophy Club, Texas on
this 7th day of March, 2005.
________________________________
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
79R2248 ATP-F
By: King of Parker H.B. No. 1227
A BILL TO BE ENTITLED
AN ACT
relating to authorizing a municipality to require the relocation of
a utility facility located in a municipal right-of-way.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 282, Local Government Code, is amended
by adding Section 282.004 to read as follows:
Sec. 282.004. RELOCATION OF UTILITY FACILITY LOCATED IN
PUBLIC RIGHT-OF-WAY. (a) In this section:
(1) "Facility" means the plant and equipment of a
utility, and includes the tangible and intangible property owned,
operated, leased, licensed, used, controlled, or supplied for, by,
or in connection with the utility's business.
(2) "Public right-of-way" means the area on, below, or
above a public roadway, highway, street, public sidewalk, alley,
waterway, or utility easement in which the municipality has an
interest.
(3) "Utility" has the meaning assigned by Section
203.091, Transportation Code.
(b) The governing body of a municipality may require a
utility to relocate the utility's facility that is located in a
public right-of-way at the utility's expense to accommodate the
construction or improvement of a highway, road, street, public way,
or any other public works project.
(c) A utility shall relocate its facility as required by the
municipality if the municipality:
(1) gives the utility 30 days' written notice of the
municipality's determination that the utility facility must be
relocated;
(2) specifies the new location for the facility along
the public right-of-way; and
(3) prescribes a reasonable time for relocating the
facility.
(d) The time for relocation prescribed by the municipality
under Subsection (c)(3) may be extended by mutual agreement of the
municipality and the utility.
(e) To the extent of a conflict between this section and
Section 37.101, 54.203, or 181.047, Utilities Code, Section 13.247,
Water Code, or another law, this section controls.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If th is
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-7-2005
Subject: Agenda Item No.D.5
Consent Agenda: Discuss and take appropriate action to appoint Lisa Ramsey as
Interim Town Secretary.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Memorandum for Donna Welsh
MEMORANDUM
DATE: February 28, 2005
TO: Mayor and Town Council
FROM: Donna Welsh
RE: Appointment of Interim Town Secretary
Diane will be leaving us on March 15th. March 7th will be her last Council meeting. The
Charter requires the Town Council to appoint the Town Secretary. Lisa Ramsey, our H.R.
Manager will be working with Diane over the next two weeks.
If the Council approves, Lisa will serve as interim until the position is filled.
Town Charter
4.07 Town Secretary
The Council, by majority vote of the entire Council qualified and serving, shall appoint a
Town Secretary who shall act as the Secretary to the Council and shall hold office at the
pleasure of the Council. He shall be entitled to a seat at the Council table at all official
meetings
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-7-2005
Subject: Agenda Item No.F.1
Adjourn.
(dc)