Agenda Packet TC 09/06/2005Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Tuesday, September 6, 2005
7:00 P.M.
A.1 EDC 4A and EDC 4B will attend the presentation.
A.2 Call to order and announce a quorum.
A.3 Planning and Zoning Commission call to order announce a quorum.
A.4 Invocation.
A.5 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.6 Town Council and Planning and Zoning Commission to view and discuss a presentation
by Beck Properties and DR Horton providing a very general overview of the
development plan for their property within the Town.
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:
Budget
Community Development:
Indian Creek Road Construction
Administration Building Addition
Traffic Calming Pilot
Electronic Marquees
Special Events:
Trophy Club Fall Festival in conjunction with Women’s Club
Light the Town with Christmas Lights
1
Economic Summit in Spring
Police and Fire Services:
Public Safety Citizen Advisory Group Meeting Update
Police-Graduation of PSO Chuck Jones from Police Academy, now in field training
Chief Briggs graduated from Fire Academy and Successfully completion of State Fire
Certification Class
Police-Awarded SRO Grant
B.3 Budget Workshop: Town Council to review and discuss the 2005/06 operating and
capital budgets.
C.1 Joint Public Hearing - Planning & Zoning and Town Council to conduct a Joint Public
Hearing relative to the following:
C.2 Public Hearing: An Ordinance amending Town Ordinance No. 1999-17 P&Z, (PD-21,
The Trophy Club Plaza), by amending Exhibits "C" entitled “Development Standards”,
and “I” entitled Sign Criteria to increase the size of the monument sign along State
Highway 114.
C.3 Public Hearing: An application from Vinny's Italian Restaurant, for a specific use permit
to allow the sale of mixed beverages in restaurants by food and beverage certificate
holders only, at a property located at 2003 State Highway 114, Suite 350 in PD - Planned
Development Zoning District No. 13, known as the Trophy Club Village.
C.4 Public Hearing: Town Council to conduct a public hearing regarding the Budget and
proposed tax rate increase for fiscal year October 1, 2005 to September 30, 2006.
(During the public hearing, the Mayor will announce the date, time and place of the vote
on tax rate.)
C.5 Planning and Zoning Commission and Town Council to close Joint Public Hearing and
conduct a Joint Session.
D.1 Planning and Zoning Commission to discuss and take appropriate action regarding a
recommendation to Town Council on an Ordinance amending Town Ordinance No.
1999-17 P&Z, (PD-21, The Trophy Club Plaza), by amending Exhibits "C" entitled
“Development Standards”, and “I” entitled Sign Criteria to increase the size of the
monument sign along State Highway 114.
D.2 Planning and Zoning Commission to discuss and take appropriate action regarding a
recommendation to Town Council on an application from Vinny's Italian Restaurant, for
a specific use permit to allow the sale of mixed beverages in restaurants by food and
beverage certificate holders only, at a property located at 2003 State Highway 114, Suite
350 in PD - Planned Development Zoning District No. 13, known as the Trophy Club
Village.
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D.3 Planning & Zoning Commission to adjourn.
D.4 Town Council to discuss and take appropriate action regarding an Ordinance amending
Town Ordinance No. 1999-17 P&Z, (PD-21, The Trophy Club Plaza), by amending
Exhibits "C" entitled “Development Standards”, and “I” entitled Sign Criteria to increase
the size of the monument sign along State Highway 114.
D.5 Town Council to discuss and take appropriate action regarding an application from
Vinny's Italian Restaurant, for a specific use permit to allow the sale of mixed beverages
in restaurants by food and beverage certificate holders only, at a property located at 2003
State Highway 114, Suite 350 in PD - Planned Development Zoning District No. 13,
known as the Trophy Club Village.
D.6 Consent Agenda: Discuss and take appropriate action regarding a Resolution approving
implementation of a National Incident Management System ("NIMS")NIMS.
D.7 Consent Agenda: Discuss and take appropriate action regarding an Ordinance amending
Town Ordinance No. 2005-13, the Design Standards for paving, drainage and utility
improvements.
D.8 Consent Agenda: Discuss and take appropriate action regarding an Interlocal Agreement
for Participation in Fort Worth's Environmental Collection Center Household Hazardous
Waste Program.
D.9 Consent agenda: Discuss and take appropriate action to approve Minutes dated August
15th, 2005.
D.10 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 of Marshall
Creek
3. Discussion and appropriate action for an Ordinance to approve vacant land appraisal -
September 19, 2005
4. Discussion and appropriate action regarding safety issues as established in Ordinance
2004-17, the operation of motor assisted scooters -
September 19, 2005
5. Status of street repairs and bonds, including recommendation.
6. Discuss and take appropriate action for street pilot traffic calming program for a
section of Trophy Club Drive - October 3, 2005
7. Discuss and receive direction regarding charging fees for the use of the pool and other
facilities - October 3, 2005
E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.087 (2)
"Deliberation Regarding Economic Development Negotiations" and Section 551.071 (b)
"Consultation with Attorney", the Council will enter into executive session to discuss the
following:
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(A) To discuss or deliberate the offer of financial or other incentives to a business prospect
that the Town seeks to have locate within the territory of the Town pursuant to Section
551.087 (2) of the Texas Open Meetings Act and For Consultation with the 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) Financial and other incentives for the proposed D.R. Horton/Beck Properties mixed use
development and legal advice regarding the proposed development, zoning and platting,
potential economic incentives and contractual agreements, potential contracts for water
and wastewater services, and matters related to the proposed development.
(B) Consultation with the 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 revisions to the existing interlocal agreement for employment
services by and between the Town of Trophy Club and the Trophy Club Master District
F.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-6-2005
Subject: Agenda Item No.A.1
EDC 4A and EDC 4B will attend the presentation.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-6-2005
Subject: Agenda Item No.A.2
Call to order and announce a quorum.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-6-2005
Subject: Agenda Item No.A.3
Planning and Zoning Commission call to order announce a quorum.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(kcf)
Attachments: 1. Information Memorandum
7
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-6-2005
Subject: Agenda Item No.A.4
Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-6-2005
Subject: Agenda Item No.A.5
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."
9
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-6-2005
Subject: Agenda Item No.A.6
Town Council and Planning and Zoning Commission to view and discuss a
presentation by Beck Properties and DR Horton providing a very general overview
of the development plan for their property within the Town.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
10
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-6-2005
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.
11
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-6-2005
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:
Budget
Community Development:
Indian Creek Road Construction
Administration Building Addition
Traffic Calming Pilot
Electronic Marquees
Special Events:
Trophy Club Fall Festival in conjunction with Women’s Club
Light the Town with Christmas Lights
Economic Summit in Spring
Police and Fire Services:
Public Safety Citizen Advisory Group Meeting Update
Police-Graduation of PSO Chuck Jones from Police Academy, now in field training
Chief Briggs graduated from Fire Academy and Successfully completion of State Fire
Certification Class
Police-Awarded SRO Grant
12
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-6-2005
Subject: Agenda Item No.B.3
Budget Workshop: Town Council to review and discuss the 2005/06 operating and
capital budgets.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
13
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-6-2005
Subject: Agenda Item No.C.1
Joint Public Hearing - Planning & Zoning and Town Council to conduct a Joint
Public Hearing relative to the following:
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(kcf)
Attachments: 1. Information Memorandum
14
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-6-2005
Subject: Agenda Item No.C.2
Public Hearing: An Ordinance amending Town Ordinance No. 1999-17 P&Z, (PD-
21, The Trophy Club Plaza), by amending Exhibits "C" entitled “Development
Standards”, and “I” entitled Sign Criteria to increase the size of the monument sign
along State Highway 114.
EXPLANATION:
Purpose: To conduct a public hearing and consider a request for an amendment to the
monument signage criteria outlined in PD - Planned Development Zoning District No.
21, known as the Trophy Club Plaza.
Existing Condition of the Property: The property location of PD-21 is a 13.97 acre tract
of land located generally to the north of State Highway 114, east of Trophy Lake Drive
and south of Trophy Club Drive. The property is contains five buildings on three tracts
of land and accommodates a variety of retail commercial uses.
Staff Findings: The proposed amendment to the monument signage criteria will only
affect the monument sign located along the southernmost portion of the property. The
currents sign is limited to six feet (6’) above SH 114 street grade, at an overall height of
twenty-one feet (21’). The proposal will increase the total height to thirty two feet (32’)
nine inches (9”), increasing the height above SH 114 street grade to seventeen feet (17’)
nine inches (9”). The distance between the sign and SH 114 is approximately thirty feet
(30’).
RECOMMENDATION: Staff recommends approval.
(kcf)
Attachments: 1. Information Memorandum
2. Letter of Amendment Request
3. Ordinance
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-6-2005
Subject: Agenda Item No.C.3
Public Hearing: An application from Vinny's Italian Restaurant, for a specific use
permit to allow the sale of mixed beverages in restaurants by food and beverage
certificate holders only, at a property located at 2003 State Highway 114, Suite 350
in PD - Planned Development Zoning District No. 13, known as the Trophy Club
Village.
EXPLANATION:
Purpose: To conduct a public hearing and consider a request for a Specific Use Permit to
sell mixed beverages in restaurants, at a property located at 2003 State Highway 114,
Suite 350 in PD - Planned Development zoning district no. 13, known as the Trophy Club
Village.
Existing Condition of the Property: The property location of Vinny’s Italian Restaurant
is tract No.1, (retail uses) with a use permitted for restaurants. The property is zoned PD-
13, known as the Trophy Club Village. The sale of mixed beverages is customary with
this type of use.
Staff Findings: The proposed use is in compliance with the Town’s regulations
regarding the criteria governing the sale of mixed beverages in restaurants by food and
beverage certificate holders only.
RECOMMENDATION: Staff Recommends Approval
(kcf)
Attachments: 1. Information Memorandum
2. SUP Application
3. Property Owner Notifications
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PD-13 Vinny’s Italian Restaurant SUP (P&Z & TC 6 September 2005)
R70081 LOT 417 R70080 LOT 416 R70079 Lot 415
LARRY M BLANCETT
1109 SUNSET DR
TROPHY CLUB, TX 76262
KYLE & SHARON
GOTLIEBSON
1111 SUNSET DR
TROPHY CLUB, TX 76262
JOHNNIE F & GLORIA M
DAVIDSON
1113 SUNSET DR
TROPHY CLUB, TX 76262
R69999 LOT 391 R70011 LOT 392 R70013 LOT 393
DAVID LEE & MARY GAYLE
WILLIS
1108 SUNSET DR
TROPHY CLUB, TX 76262
JASON & ROBYN WEBSTER
SCHULLER
1110 SUNSET DR
TROPHY CLUB, TX 76262
CHRIS JUNGST
1112 SUNSET DR
TROPHY CLUB, TX 76262
R70014 LOT 394 R70016 LOT 395 R70019 LOT 396
MICHAEL & MAROLYN ZUGAY
FAM TRUST
1114 SUNSET DR
TROPHY CLUB, TX 76262
CHARLES & AMANDA E
POGUE MOHON
1116 SUNSET DR
TROPHY CLUB, TX 76262
DAVID & JOAN WHITE
1118 SUNSET DR
TROPHY CLUB, TX 76262
Location of Request:
27
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-6-2005
Subject: Agenda Item No.C.4
Public Hearing: Town Council to conduct a public hearing regarding the Budget
and proposed tax rate increase for fiscal year October 1, 2005 to September 30,
2006. (During the public hearing, the Mayor will announce the date, time and place
of the vote on tax rate.)
EXPLANATION:
The Town is required to announce the date, time and place of the vote on the tax rate and this
announcement must be made during the public hearing on the tax rate.
RECOMMENDATION:
ACTION BY COUNCIL:
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-6-2005
Subject: Agenda Item No.C.5
Planning and Zoning Commission and Town Council to close Joint Public Hearing
and conduct a Joint Session.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1.None
30
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-6-2005
Subject: Agenda Item No.D.1
Planning and Zoning Commission to discuss and take appropriate action regarding
a recommendation to Town Council on an Ordinance amending Town Ordinance
No. 1999-17 P&Z, (PD-21, The Trophy Club Plaza), by amending Exhibits "C"
entitled “Development Standards”, and “I” entitled Sign Criteria to increase the size
of the monument sign along State Highway 114.
EXPLANATION: Refer to Agenda Item No. C.2
RECOMMENDATION: Staff recommends approval
(kcf)
Attachments: 1. Information Memorandum
31
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-6-2005
Subject: Agenda Item No.D.2
Planning and Zoning Commission to discuss and take appropriate action regarding
a recommendation to Town Council on an application from Vinny's Italian
Restaurant, for a specific use permit to allow the sale of mixed beverages in
restaurants by food and beverage certificate holders only, at a property located at
2003 State Highway 114, Suite 350 in PD - Planned Development Zoning District
No. 13, known as the Trophy Club Village.
EXPLANATION: Refer to Agenda Item No. C.3
RECOMMENDATION: Staff Recommends Approval
(kcf)
32
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-6-2005
Subject: Agenda Item No.D.3
Planning & Zoning Commission to adjourn.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(kcf)
Attachments: 1. Information Memorandum
33
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-6-2005
Subject: Agenda Item No.D.4
Town Council to discuss and take appropriate action regarding an Ordinance
amending Town Ordinance No. 1999-17 P&Z, (PD-21, The Trophy Club Plaza), by
amending Exhibits "C" entitled “Development Standards”, and “I” entitled Sign
Criteria to increase the size of the monument sign along State Highway 114.
EXPLANATION: Refer to Agenda Item No. C.2
RECOMMENDATION: Staff recommends approval.
(kcf)
Attachments: 1. Information Memorandum
34
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-6-2005
Subject: Agenda Item No.D.5
Town Council to discuss and take appropriate action regarding an application from
Vinny's Italian Restaurant, for a specific use permit to allow the sale of mixed
beverages in restaurants by food and beverage certificate holders only, at a property
located at 2003 State Highway 114, Suite 350 in PD - Planned Development Zoning
District No. 13, known as the Trophy Club Village.
EXPLANATION: Refer to Agenda Item No. C.3
RECOMMENDATION: Staff recommends approval.
(kcf)
Attachments: 1. Information Memorandum
35
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-6-2005
Subject: Agenda Item No.D.6
Consent Agenda: Discuss and take appropriate action regarding a Resolution
approving implementation of a National Incident Management System
("NIMS")NIMS.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(rcb)
Attachments: 1.Resolution
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TOWN OF TROPHY CLUB, TEXAS
RESOLUTION 2005-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, ADOPTING THE IMPLEMENTATION OF
THE NATIONAL INCIDENT MANAGEMENT SYSTEM; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, United States President George W. Bush in Homeland Security Presidential
Directive-5 (“HSPD-5”) directed the Secretary of the Department of Homeland Security to develop and
administer a National Incident Management System (“NIMS”), to provide a consistent nationwide
approach for federal, state, local and tribal governments to work together more effectively and efficiently
to prevent, prepare for, respond to, and recover from domestic incidents, regardless of cause, size or
complexity; and
WHEREAS, the collective input and guidance from all federal, state, local and tribal homeland
security partners has been, and will continue to be, vital to the development, effective implementation and
utilization of a comprehensive NIMS; and
WHEREAS, it is necessary that all federal, state, local, and tribal emergency management
agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of
incident management; and
WHEREAS, to facilitate the most efficient and effective incident management, it is critical
that federal, state, local, and tribal organizations utilize standardized terminology, standardized
organizational structures, uniform personnel qualification standards, uniform standards for planning,
training, and exercising, comprehensive resource management, and designated incident facilities during
emergencies or disasters; and
WHEREAS, the NIMS standardized procedures for managing personnel communications,
facilities, and resources will improve the state's ability to utilize federal funding to enhance local and state
agency readiness, maintain first responder safety, and streamline incident management processes; and
WHEREAS, the Incident Command System components of NIMS are already an integral part
of various incident management activities throughout the state, including all public safety and emergency
response organizations training programs; and
WHEREAS, the National Commission of Terrorist Attacks (“9-11 Commission”)
recommended adoption of a standardized Incident Command System;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS:
Section 1. That the National Incident Management System (NIMS) is hereby adopted to be
utilized for all emergency incident management in the Town of Trophy Club, Texas.
Section 2. The Town Council further directs the Town’s Department of Public Safety to train
all public safety response personnel and supervisors in the use of NIMS.
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Section 3. The Town Council further directs that this Resolution take effect immediately upon
its passage.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
on this the 6th day of September, 2005.
Mayor
Town of Trophy Club, Texas
ATTEST:
[SEAL]
Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Town Attorney
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-6-2005
Subject: Agenda Item No.D.7
Consent Agenda: Discuss and take appropriate action regarding an Ordinance
amending Town Ordinance No. 2005-13, the Design Standards for paving, drainage
and utility improvements.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(ba)
Attachments: 1. Information Memorandum
2. Ordinance
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-6-2005
Subject: Agenda Item No.D.8
Consent Agenda: Discuss and take appropriate action regarding an Interlocal
Agreement for Participation in Fort Worth's Environmental Collection Center
Household Hazardous Waste Program.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(ba)
Attachments: 1. Information Memorandum
2. Resolution
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INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a Home-Rule
municipal corporation situated in Tarrant and Denton Counties, Texas, hereinafter called "Fort Worth," acting herein
by and through Libby Watson, its duly authorized Assistant City Manager, and Town of Trophy Club, a
municipality situated in Denton County, Texas, hereinafter called "Participating City," acting herein by and through
Nick Sanders, its duly authorized Mayor.
WITNESSETH
WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of interlocal cooperation
agreements between and among local governments; and
WHEREAS, Texas Government Code, §791.011 provides that a local government may contract with
another to perform governmental functions and services, and §791.003(3)(H) defines waste disposal as a
governmental function and service; and
WHEREAS, Texas Government Code, §791.025 provides that a local government may agree with another
local government to purchase services; and
WHEREAS, Fort Worth and Participating City desire to enter into an interlocal agreement whereby Fort
Worth will purchase the services of a waste disposal/recycling firm or firms and will administer a household
hazardous waste collection program; and
WHEREAS, Fort Worth and Participating City mutually desire to be subject to the provisions of Texas
Government Code, Chapter 791, also known as the Interlocal Cooperation Act.
NOW THEREFORE, it is agreed as follows:
SECTION 1.
DEFINITIONS
A. Unless a provision in this Agreement explicitly states otherwise, the following terms and phrases, as used
in this Agreement, shall have the meanings hereinafter designated.
Act of God means an act occasioned by the direct, immediate, and exclusive operation of the forces of
nature, uncontrolled or uninfluenced by the power of humans and without human intervention.
Bill of Lading lists the contents of the mobile collection unit.
Environmental Collection Center (ECC) means the City of Fort Worth Department of Environmental
Management facility located at 6400 Bridge Street, Fort Worth, Texas, which is to be used by Fort Worth
for the aggregation of household hazardous wastes that have been brought to the facility by participating
cities' households for subsequent recycling, disposal, and/or reuse.
Environmental Damages means all claims, judgments, damages, losses, penalties, fines, liabilities
(including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any
claim, whether or not such claim is ultimately defeated, and of any good faith settlement or judgment, of
whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable,
including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of
which are incurred subsequent to the execution of this Agreement as a result of the handling, collection,
transportation, storage, disposal, treatment, recovery, and/or reuse of waste pursuant to this Agreement, or
the existence of a violation of environmental requirements pertaining to same, and including without
limitation:
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(a) Damages for personal injury and death, or injury to property or natural resources;
(b) Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and all other
costs incurred in connection with the investigation or remediation of such wastes or violation of
environmental requirements including, but not limited to, the preparation of any feasibility studies or
reports or the performance of any cleanup, remediation, removal, response, abatement, containment,
closure, restoration or monitoring work required by any federal, state or local governmental agency or
political subdivision, or otherwise expended in connection with the existence of such wastes or
violations of environmental requirements, and including without limitation any attorney's fees, costs
and expenses incurred in enforcing this Agreement or collecting any sums due hereunder; and
(c) Liability to any third person or governmental agency to indemnify such person or agency for costs
expended in connection with the items referenced in subparagraph (b) herein.
Environmental requirements means all applicable present and future statutes, regulations, rules, ordinances,
codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items,
of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United
States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory
decrees, judgments, and orders relating to the protection of human health or the environment, including
without limitation:
(a) All requirements, including but not limited to those pertaining to reporting, licensing, permitting,
investigation, and remediation of emissions, discharges, releases, or threatened releases of hazardous
materials, pollutants, contaminants, or hazardous or toxic substances, materials, or wastes whether
solid, liquid, or gaseous in nature, into the air, surface water, groundwater, stormwater, or land, or
relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or
handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether
solid, liquid, or gaseous in nature; and
(b) All requirements pertaining to the protection of the health and safety of employees or the public.
Force majeure means decrees of or restraints by a governmental instrumentality, acts of God, work
stoppages due to labor disputes or strikes, failure of Fort Worth’s contractor(s) to perform pursuant to their
agreements with Fort Worth for the conduct of the collection of household hazardous waste, fires,
explosions, epidemics, riots, war, rebellion, and sabotage.
Household hazardous waste (HHW) means any solid waste generated in a household by a consumer which,
except for the exclusion provided for in 40 CFR § 261.4(b)(1), would be classified as a hazardous waste
under 40 CFR Part 261.
Manifest means the uniform hazardous waste manifest form(s) furnished by the TCEQ to accompany
shipments of municipal hazardous waste or Class 1 industrial solid waste for waste transported to a site in
Texas, or the comparable manifest of the receiving state if the waste is transported out of Texas.
Mobile collection event means a household hazardous waste collection event by Participating City utilizing
a mobile collection unit.
Fort Worth Mobile Collection Unit (MCU) means a non-self-propelled vehicle used for the periodic
collection of household hazardous waste by Participating City, off-site of the ECC, which is transported to
the ECC to dispose of the household hazardous waste collected at the mobile collection event. The Fort
Worth Mobile Collection Unit is designed to hold the hazardous waste of approximately 50 to 75
households.
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Participating Cities, when used in the plural, means Fort Worth, Participating City, and all other entities
which have entered into interlocal agreements with Fort Worth for the ECC household hazardous waste
collection program.
Person means an individual, corporation, organization, government, or governmental subdivision or
agency, business trust, partnership, association, or any other legal entity.
Waste has the same meaning as "solid waste" as that term is defined in Texas Health and Safety Code
§361.003, and including hazardous substances.
B. Unless a provision in this Agreement explicitly states otherwise, the following abbreviations, as used in this
Agreement, shall have the meanings hereinafter designated.
CERCLA - Comprehensive Environmental Response, Compensation, and Liability Act.
CPR - cardiopulmonary resuscitation.
DOT - United States Department of Transportation.
ECC - Environmental Collection Center.
EPA - United States Environmental Protection Agency.
HAZCAT - hazardous categorization.
HAZWOPER - hazardous waste operations and emergency response.
HM - hazardous materials.
HHW - household hazardous waste.
MCU - Mobile Collection Unit.
SECTION 2.
PURPOSE
The purpose of this interlocal agreement (hereafter "Agreement") is the provision of services by Fort Worth
to Participating City whereby, subject to the terms and conditions specified below, Fort Worth will administer and
supervise a regional household hazardous waste collection program, which will be available to households within
Participating City as described herein.
SECTION 3.
TERM
This Agreement shall be effective from the date the last party has signed this agreement through September
30, 2006.
SECTION 4.
SERVICES OF FORT WORTH
Fort Worth agrees to perform the following services for Participating City in connection with the ECC
household hazardous waste collection program:
A. Fort Worth will administer a regional household hazardous waste collection program. This program will
include the operation of the Environmental Collection Center, which will accept for disposal and/or
47
recycling household hazardous waste from households located within Participating City. Fort Worth shall
not accept compressed flammable gas containers; radioactive materials; explosives or potentially shock
sensitive materials; biological, etiologic, and infectious materials; wastes from businesses; and any other
wastes that Fort Worth has determined are unacceptable.
B. Fort Worth will employ or retain personnel to provide the services necessary to perform Fort Worth's
obligations in this Agreement.
C. Fort Worth will enter into a contract(s) with waste disposal/recycling firm(s) for the handling, collection,
transportation, storage, disposal, treatment, recovery, and/or reuse of household hazardous waste, which is
collected at the ECC.
D. Fort Worth will, if requested in writing by Participating City, provide Participating City with copies of
waste manifests for shipments of waste from the ECC.
E. Fort Worth will, if requested in writing by Participating City, provide Participating City a monthly report of
the Participating City's households who disposed of household hazardous waste at the Environmental
Collection Center or a Mobile Collection Event.
F. Fort Worth will issue a report and a bill at the end of each quarter detailing the number of Participating
City's households that disposed of household hazardous waste at the Environmental Collection Center or at
a mobile collection event in an amount not to exceed EIGHT THOUSAND DOLLARS AND N0/100
DOLLARS ($8,000.00).
G. Fort Worth will act under this Agreement in accordance with all applicable state and federal laws.
H. Non-Fort Worth Mobile Collection Unit
1. Fort Worth agrees to accept household hazardous waste from Participating City's MCU in
accordance with Section 5, of this Agreement.
2. Fort Worth agrees to restock the items it removes from Participating City's MCU, however, Fort
Worth shall only restock items listed in Exhibit "A", attached and incorporated herein as if set
forth.
I. Mobile Collection Events –Using Fort Worth's Unit
1. If Participating City would like to schedule a mobile collection event with the Fort Worth Mobile
Collection Unit, Fort Worth will send Participating City a list of available dates. Participating City
will contact Fort Worth as soon as possible to schedule the date, time and location agreeable to
both parties.
(a) Location
If Participating City chooses to hold the Mobile Collection Event on private property,
Participating City shall obtain a signed waiver from the owner of the property one (1)
week prior to the event. The waiver shall be in the form of Exhibit B or similar form
approved by Fort Worth. The signed waiver must be sent to Fort Worth one (1) week
before the Mobile Collection Event. If the signed waiver is not sent to Fort Worth one (1)
week before the Mobile Collection Event, Fort Worth will not send the Fort Worth
Mobile Collection Unit to the event and Participating City will, in no event, be entitled to
any damages of recovery of any costs, except as provided herein.
(b) Available Dates
Participating City acknowledges that Fort Worth contracts with other municipalities and
that Fort Worth will be accommodating each Participating City's request on a first-come,
first-served basis. Therefore, Participating City acknowledges that its chosen date to
schedule a mobile collection event may be reserved by another City and Participating
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City will have to then choose another date. Participating City will, in no event, be entitled
to any damages or recovery of any costs, except as provided herein.
2. At the Mobile Collection Event, Participating City acknowledges and agrees that Fort Worth shall
accept household hazardous waste from the first 50 households that show proof of residency at the
Mobile Collection Event. After the first 50 households, Fort Worth will determine in its sole
discretion how much more waste it can accept and store properly. If more households arrive at the
event than Fort Worth can accept, Participating City will in no event be entitled to any damage of
recovery of any costs, except as provided herein.
3. Due to the lack of storage space at the ECC, Participating City acknowledges and agrees that if it
requests the Fort Worth Mobile Collection Unit at a mobile collection event, a Participating City's
Non-Fort Worth Mobile Collection Unit shall not also be at the event.
4. City, in its sole discretion, will determine whether to send the Fort Worth Mobile Collection Unit
to Participating City's Collection Event during adverse weather or the threat of adverse weather
including but not limited to sleet, snow, rain, mist or hail. In the event Fort Worth determines not
to send the Fort Worth Mobile Collection Unit, Fort Worth shall notify persons listed in Section 5,
Paragraph A and shall send a Fort Worth employee to the Participating City's event to tell any
residents that come to dispose of household hazardous waste; 1) that the Fort Worth Mobile
Collection Unit will not be coming to the event, and, 2) that the resident can go to the ECC to
dispose of the waste and provide a map to the ECC.
SECTION 5.
DUTIES OF PARTICIPATING CITY
Participating City agrees to perform the following duties in connection with the household hazardous waste
collection program:
A. Participating City will designate one of its employees, and another as an alternate, to act as its household
hazardous waste collection coordinator to interact with Fort Worth.
Designated person is: Beth Ann Gregory, telephone number: 682.831-4606. Pager number or 24-hour
number where she can be reached: 817-538-2895.
Alternate person is: Roger Unger, telephone number: 682-831-4613.
Pager number or 24-hour number where he can be reached: 817-538-2903.
B. Participating City will coordinate and fund all program advertising targeted to its own citizens, as it deems
necessary. Such advertising shall include the type of wastes that will be accepted at the ECC, the
requirement of proof of residency and weather cancellation information.
C. Participating City shall notify its residents of the ECC hours of operation and dates it is closed as provided
in Section 9 "The Environmental Collection Center Hours of Operation."
D. Participating City may choose to utilize a voucher system for its residents in order for them to bring HHW
to the ECC. If Participating City chooses to use such a system, it shall notify Fort Worth of the decision,
and shall provide Fort Worth with a copy of the official voucher. In addition, if a citizen from a
Participating City that utilizes a voucher system comes to the ECC or a mobile collection event without a
voucher, Participating City acknowledges and agrees that Fort Worth will not accept the household
hazardous waste until Participating City authorizes the acceptance in writing.
E. Participating City may submit a written request for a monthly report listing the number of its city's
households that have disposed of household hazardous waste at the ECC or a mobile collection event.
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F. Participating City shall provide traffic control and signage for the mobile collection events, and shall
provide personnel to assist Fort Worth with the survey and screening of persons dropping off household
hazardous waste. The parties prior to the event shall agree upon the details of the traffic control, signage,
and personnel assistance.
G. Participating City's Mobile Collection Units Collecting Household Hazardous Waste
1. Participating City shall advise the ECC program manager at least 72 hours in advance of its
mobile collection events. Participating City shall collect only HHW during a mobile collection
event. Wastes from commercial, agricultural, and industrial sources shall not be accepted.
Participating City shall not accept compressed flammable gas containers; radioactive materials;
explosives or potentially shock sensitive materials; biological, etiologic, and infectious materials;
and any other wastes that Fort Worth has determined are unacceptable.
2. In accordance with the latest DOT requirements, Participating City's MCU operators will properly
categorize, package, mark, label, and load into the MCU, all wastes received at the mobile
collection event. Recyclable products (used oil, used oil filters, latex paint, recyclable anti-freeze,
lead-acid batteries, and fluorescent lights) will be segregated into containers for recyclables.
3. After accepting wastes, Participating City's MCU operators shall thoroughly check each container
for proper labeling and identification. If a container is properly identified, the material will be
segregated according to hazard class and prepared for packaging. If a container does not have
adequate labeling to permit identification, the MCU operators shall then attempt to identify the
material from its physical characteristics using HAZCAT analysis and from information provided
by the household presenting the waste.
4. The Participating City's MCU operators shall package all hazardous materials in accordance with
United States Department of Transportation (DOT) requirements, United States Environmental
Protection Agency (EPA) requirements, and all other applicable federal and state requirements.
After all the wastes have been properly identified and segregated, the MCU operators will
reexamine the wastes for compatibility, list them on the container content sheets, and pack them
into drums. Oil-based paints and latex paints shall be bulked separately in 55-gallon drums, or if
the paint is left in its container, the paint can be packed in a lined cubic yard box, and packed and
labeled according to federal and state regulations. Participating City shall not transport waste that
is not HHW to the ECC. Participating City agrees to make its own arrangements to dispose of any
non-HHW waste collected at the event.
5. Prior to transporting the HHW from the collection event site(s), Participating City's MCU
operators shall complete a Bill of Lading, and shall keep the Bill of Lading in the cab of the truck
hauling the MCU during transportation of the HHW to the ECC. Participating City shall require
that a minimum of one copy of the latest North American Emergency Response Guidebook be
kept within the cab of the truck.
6. During transportation, Participating City's MCU operators shall placard the MCU for
transportation of hazardous waste in accordance with federal and state law.
7. Upon the return of the MCU to the ECC, Participating City's MCU operators shall follow the
instructions of Fort Worth regarding the placement of the MCU for unloading. Fort Worth shall
take possession of the MCU from Participating City after the MCU has been properly parked for
unloading in accordance with Fort Worth's instructions and all required documents have been
delivered to the ECC program manager or his designee at the ECC. Fort Worth shall, within a
reasonable amount of time, unload the HHW from the non-Fort Worth MCU and store the HHW
at the ECC.
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8. If Fort Worth, in its sole discretion, determines that Participating City's MCU operators
improperly packaged any of the HHW delivered to the ECC, Fort Worth shall repackage such
waste, and Participating City shall reimburse Fort Worth as set forth in Section 10., Paragraph B.
9. If a spill occurs at the ECC while the MCU is still in Participating City's possession, Fort Worth
shall take control of the spill response and Participating City will reimburse Fort Worth for its
response costs as set forth in Section 10., Paragraph C.
SECTION 6.
USE OF WASTE DISPOSAL/RECYCLING FIRMS
FOR HOUSEHOLD HAZARDOUS WASTE
A. Fort Worth will enter into a contract(s) with waste disposal/recycling firm(s) for the handling, collection,
transportation, storage, disposal, treatment, recovery, and/or reuse of household hazardous waste, which is
collected at the ECC.
B. Such firm(s) shall be required pursuant to the contract(s) to assume generator status for the waste collected,
(excluding used oil, lead-acid batteries and antifreeze) to choose a disposal site for the waste subject to Fort
Worth's approval, and to indemnify Fort Worth and participating cities against any and all environmental
damages and the violation of any and all environmental requirements resulting from the handling,
collection, transportation, storage, disposal, treatment, recovery, and/or recycling of waste collected
pursuant to this agreement, when said environmental damages or the violation of said environmental
requirements was the result of any act or omission of contractor, its officers, agents, employees, or
subcontractors, or the joint act or omission of contractor, its officers, agents, employees, or subcontractors
and any other person or entity.
B. THE PARTIES RECOGNIZE THAT ALTHOUGH THE FIRM(S) WILL BE REQUIRED TO
ASSUME GENERATOR STATUS, THIS ASSUMPTION WILL NOT RELIEVE
PARTICIPATING CITY OF LIABILITY FOR THE WASTE UNDER FEDERAL LAW AND
STATE LAW. Fort Worth will arrange for recycling vendors for used oil, batteries, antifreeze, and other
materials, as it deems appropriate.
SECTION 7.
REUSE OF COLLECTED MATERIALS
A. From time-to-time Fort Worth will make available to residents and businesses of Fort Worth, as well as,
Participating City and residents and businesses of Participating City for their use, collected household
hazardous waste materials that are suitable for reuse, such as paint, fertilizer, motor oil, and antifreeze. Fort
Worth shall not charge for any materials that are picked up for reuse.
B. Some materials made available for reuse may have been consolidated and filtered by Fort Worth prior to
being made available. Used antifreeze will have been consolidated in a barrel, filtered, and pH balanced,
and new antifreeze may have been added to the barrel.
C. In regards to materials accepted by Participating City, FORT WORTH MAKES NO
REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT:
1. the container contents are what the label indicates;
2. the container contents are those originally placed into the container by the
manufacturer;
3. the product is of the quality intended for its use;
4. the contents of the container have been stored properly;
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5. the instructions on the container label for use, storage, and first aid are current or correct;
6. the container is in unimpaired condition;
7. the product is still approved for use (i.e., it has not been banned or recalled); and
8. the product can be used without risk to persons, property or the environment.
FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE SPECIFICALLY
DENIED.
D. Participating City shall contact the ECC program manager to arrange a pickup time to obtain materials.
Participating City agrees that it shall not return to Fort Worth, directly or indirectly, any materials it obtains
from Fort Worth under this paragraph.
E. IN REGARDS TO MATERIALS ACCEPTED BY PARTICIPATING CITY, PARTICIPATING
CITY DOES HEREBY WAIVE ALL CLAIMS, INCLUDING PRODUCTS LIABILITY CLAIMS,
AND RELEASES, AND HOLDS HARMLESS THE CITY OF FORT WORTH, AND ALL OF ITS
OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEERS, IN BOTH THEIR
PUBLIC AND PRIVATE CAPACITIES, FROM ANY AND ALL LIABILITY, CLAIMS, SUITS,
DEMANDS, EXPENSES OF LITIGATION, OR CAUSES OF ACTION WHICH MAY ARISE BY
REASON OF INJURY TO PERSONS, LOSS OF PROPERTY, DAMAGE TO PROPERTY, OR
LOSS OF USE OF ANY PROPERTY, OCCASIONED BY THE TRANSPORTATION, STORAGE,
HANDLING, USE, AND DISPOSAL BY PARTICIPATING CITY OF ANY MATERIALS
ACCEPTED BY PARTICIPATING CITY UNDER THIS AGREEMENT FROM FORT WORTH.
F. In regards to materials accepted by residents or businesses of Participating Cities, FORT WORTH
MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT:
1. the container contents are what the label indicates;
2. the container contents are those originally placed into the container by the
manufacturer;
3. the product is of the quality intended for its use;
4. the contents of the container have been stored properly;
5. the instructions on the container label for use, storage, and first aid are current or correct;
6. the container is in unimpaired condition;
7. the product is still approved for use (i.e., it has not been banned or recalled); and
8. the product can be used without risk to persons, property or the environment.
FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE SPECIFICALLY
DENIED.
G. Participating City shall attempt to inform its residents and businesses that if they go to the Environmental
Collection Center to pick up household hazardous waste for reuse, a release of liability must be signed to
accept the household hazardous waste for reuse.
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SECTION 8.
RIGHT TO REFUSE WASTE
Participating City agrees that Fort Worth shall have the right to refuse to accept waste at the ECC from
Participating City's resident and to eject such individual from the premises of the ECC, if in the reasonable judgment
of Fort Worth:
A. The waste is not household hazardous waste;
B. The waste fails to meet other established criteria established by this Agreement, or that have been
established by Fort Worth subsequent to the execution of the Agreement;
C. The individual does not have sufficient identification to establish that he/she is in fact a resident of
Participating City;
D. Participating City has implemented a voucher system for its residents to dispose of waste, and the
individual does not have a valid voucher; or
E. The waste or the individual presents a hazard to the ECC or to persons or property at the ECC.
SECTION 9.
ENVIRONMENTAL COLLECTION CENTER
HOURS AND DAYS OF OPERATION
A. Hours of Operation
During the term of the Agreement, the ECC's hours of operation are as follows:
Thursday and Friday from 11 :00 a.m. to 7:00 p.m.
Saturday from 9:00 a.m. to 3:00 p.m.
B. Days the Environmental Collection Center will be closed
During the term of the Agreement, the ECC will be closed on the following days:
Thanksgiving Holiday, November 24-25, 2005
Christmas Holiday, December 26, 2005
New Year’s Eve, December 30-31, 2005
M.L.K. Day January 16, 2006
Memorial Day, May 29, 2006
Independence Day, July 4, 2006
Labor Day, September 4, 2006
C. Notifying Residents
Participating City agrees to notify its residents of the ECC's hours of operation and dates it will be closed.
Participating City may advertise the 24-hour Environmental Collection Center telephone number to give its residents
the Environmental Collection Center's hours. The number is: (817) 871-5257.
SECTION 10.
COMPENSATION
As fair compensation for the services provided by Fort Worth pursuant to this Agreement:
A. Participating City agrees to pay Fort Worth the sum of $40.00 per household per visit to the ECC or per
household for participation in a Mobile Collection Event to dispose of household hazardous waste.
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B. If Fort Worth determines that Participating City's MCU operators improperly packaged any of the HHW
delivered to the ECC, Fort Worth shall repackage such waste, and Participating City shall reimburse Fort
Worth for it staff time at $20.00 an hour and the cost of supplies.
C. If a spill occurs at the ECC while the non-Fort Worth MCU is still in Participating City's possession, Fort
Worth shall take control of the spill response and Participating City will reimburse Fort Worth for its
response costs of $60.00 per hour staff time and the cost of supplies.
D. The amount due to Fort Worth for services provided under this Section, Paragraphs A, B, and C, shall be
billed to Participating City quarterly in an amount not to exceed EIGHT THOUSAND AND NO/100
DOLLARS ($8,000.00) ANNUALLY. Participating City shall pay Fort Worth within 30 days of receiving
a bill from Fort Worth. If Fort Worth does not receive payment within 30 days, Fort Worth shall inform
Participating City in writing that it will not accept any household hazardous waste from Participating City's
residents and that Fort Worth will not participate in a mobile collection event or provide a mobile collection
unit until paid.
E. At the end of the term of this Agreement, Fort Worth shall provide a final accounting to Participating City,
which will include the total number of Participating City's households, which participated in the program,
repackaging fees, if any, and the total cost of spill response charged to Participating City, if any.
F. Pursuant to the requirements of Government Code §791.011 (a)(3), the amount due to Fort Worth under
Subparagraph D. above shall be paid from revenues currently available to Participating City in the present
fiscal year.
SECTION 11.
ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES,"
AND PROMOTIONAL MATERIALS LICENSE AGREEMENT
Fort Worth is the owner of "Captain Crud" and the Cruddies ("Bloomer," "Otto," "Pestie, "Scrub,"
and "Van Goo") "Conquer Your Crud," and "Crud Cruiser", and therefore all ownership rights belong to Fort
Worth. Fort Worth has registered these marks as service marks with the Secretary of State.
A. Fort Worth hereby grants to Participating City a non-transferable, non-exclusive license to use all the
artwork and promotional materials that may be provided by Fort Worth to be used solely in the conduct of
the business of Participating City's disposal and recycling of household hazardous waste programs. If
Participating City wishes to use to Licensed Art and/or Promotional Materials in other limited situations,
Participating City must first obtain express written consent from Fort Worth.
B. Fort Worth may provide licensed Artwork and Promotional Materials to Participating City pursuant to the
terms of this Agreement. Participating City acknowledges that by virtue of this License, Participating City
acquires only the right to use the original and permitted duplicate copies of the Licensed Artwork and
Promotional Materials and does not acquire any rights of ownership in the Licensed Artwork and
Promotional Materials, which rights shall remain exclusively with Fort Worth. If Participating City wants
to modify or change the artwork and/or promotional materials in any manner, Participating City hereby
agrees to contact Fort Worth in writing to obtain written consent before modifying or changing any artwork
and/or promotional materials.
C. If Participating City desires an actor to portray "Captain Crud" for an event, Participating City shall use
actors approved by Fort Worth to portray "Captain Crud" since "Captain Crud" is owned by Fort Worth.
Participating City shall be solely responsible for compensating actor for the services provided to
Participating City. Participating City will contact Fort Worth as soon as possible with the date and time of
the event agreeable to both parties to obtain approval for the chosen actor and to request and pickup the
"Captain Crud" costume for its events. Fort Worth will provide the "Captain Crud" costume. However,
Participating City agrees to be liable to Fort Worth for any damage to the costume or if Participating City
fails to return the entire costume to Fort Worth or if the costume is not returned in the same condition as
received.
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SECTION 12.
IMMUNITY
It is expressly understood and agreed that, in the execution of this Agreement, none of the
participating cities waives, nor shall be hereby deemed to waive, any immunity or defense that would
otherwise be available to it against claims arising in the exercise of governmental powers and functions, and
that the services described in this Agreement are a governmental function.
SECTION 13.
FORCE MAJEURE
A delay or failure of Fort Worth to perform services pursuant to this Agreement shall be excused to
the extent that the delay or failure to perform resulted from a force majeure event, and the delay or failure
was beyond the control of Fort Worth and not due to its fault or negligence. Participating City shall not
have, and hereby waives, any claim whatever for any damages resulting from delays or failure to perform
caused by a force majeure event.
SECTION 14.
TERMINATION
The parties shall each have the right to terminate the Agreement for any reason, with or without cause,
upon thirty (30) days written notice to the other party. Upon termination, the parties shall be released from all
contractual obligations to the other party excluding "USE OF WASTE DISPOSAL/RECYCLING FIRMS FOR
HOUSEHOLD HAZARDOUS WASTE" (Paragraph 6) "REUSE OF COLLECTED MATERIALS" (Paragraph 7)
and "ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIONAL MATERIALS LICENSE
AGREEMENT (Paragraph 11).
SECTION 15.
NOTICE
Any notices required to be given under this Agreement shall be delivered as follows:
If to Fort Worth:
Brian Boerner, CHMM, Director
Department of Environmental Management
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
If to Participating City:
Donna Welsh, Town Manager
Town of Trophy Club, Texas
100 Municipal Drive
Trophy Club, Texas 76262
Facsimile: 817.491.9312
SECTION 16.
ENTIRETY
This Agreement contains all commitments and Agreements of the parties hereto, and no other oral or
written commitments shall have any force or effect if not contained herein, except that this Agreement can be
amended or modified by the parties if such amendment or modification is in writing and signed by Participating City
and Fort Worth.
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SECTION 17.
SEVERABILITY
In the event anyone or more of the provisions contained in this Agreement shall for any reason be held to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any
other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions
had never been contained herein.
SECTION 18.
VENUE
Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of this
Agreement; venue for said action shall be in Tarrant County, Texas.
SECTION 19.
AUTHORITY
This Agreement is made for Fort Worth and Participating City as an Interlocal Agreement, pursuant to
Texas Government Code, Chapter 791.
SECTION 20.
AUTHORIZATION
The undersigned officers and/or agents of the parties hereto are properly authorized officials and have the
necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the
other that any necessary resolutions extending such authority have been duly passed and are now in full force and
effect.
EXECUTED IN TRIPLICATE
CITY OF FORT WORTH TOWN OF TROPHY CLUB
By: By:
_____________________________ _____________________________
Libby Watson Nick Sanders
Assistant City Manager Mayor
Date: Date:
APPROVED AS TO FORM: APPROVED AS TO FORM:
_____________________________ _____________________________
Assistant City Attorney Town Attorney
ATTEST: ATTEST:
_____________________________ _____________________________
Martha Hendrix Lisa Ramsey
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City Secretary Town Secretary
____________________________
Contract authorization
____________________________
Date
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Exhibit "A"
RESTOCKING LIST FOR THE MOBILE COLLECTION UNIT
Material Amount restocked Special Needs Remarks
55-gallon open top
drums (open top for
loose packs)
Amount taken off the trailer
55-gallon drums
(closed top) (Oil,
antifreeze, bulk
flammable materials
and one extra)
Amount taken off the trailer
Fiber drums (55- or 30-
gallon) Aerosols, acids,
bases and oxidizers)
Amount taken off the trailer
Gaylord box liners
(plastic)
Amount taken off the trailer
55-gallon drum liners Amount taken off the trailer
5-gallon buckets
(filters/haz chemicals)
Amount taken off the trailer
Survey Forms Amount taken off the trailer
Labels/drum placard Amount taken off the trailer
Gaylord boxes Amount taken off the trailer
Absorbent pads Amount taken off the trailer
Vermiculite Amount taken off the trailer
Oil dry Amount taken off the trailer
Promotional Materials &
Brochures
Amount taken off the trailer
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Exhibit "B"
WAIVER AND RELEASE OF LIABILITY FOR COLLECTION OF HOUSEHOLD
HAZARDOUS WASTE
I being the owner of property located at ______________________________________
have been asked by the Town of Trophy Club to allow a mobile collection event on my property to collect
household hazardous waste on the ________________, 200__.
In consideration of _________________________, I hereby give my permission to the Town of Trophy
Club to hold a household hazardous waste collection event on my property in which the Town of Trophy Club has
asked the City of Fort Worth to send its mobile collection unit to collect the household hazardous waste that is
brought to the event.
Therefore, in consideration of _________________________________, I hereby RELEASE,
DISCHARGE, HOLD HARMLESS, INDEMNIFY the City of Fort Worth or its officers, agents, and employees and
the Town of Trophy Club and its officers, agents, and/or employees for any and all claims, demands, liability, causes
of action, actions or suits of any character that I may have against the City of Fort Worth or its officers, agents,
and/or employees and the Town of Trophy Club or its officers, agents, and/or employees for any property loss or
damage, for any and all personal injury including death or any other damage of any kind or character which may
arises or that arises from allowing the Town of Trophy Club to hold a household hazardous waste collection event,
in which the City of Fort Worth sends its mobile collection unit on my property.
I have read this Waiver and Release and fully understand its terms and conditions. I have not been
influenced in any extent whatsoever by any representation or statements not contained in this Agreement. I hereby
acknowledge that this Waiver and Release is given in consideration of
_________________________________________________.
_________________________________ ______________________________
Signature Date
________________________________ ______________________________
Witness Witness
59
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-6-2005
Subject: Agenda Item No.D.9
Consent agenda: Discuss and take appropriate action to approve Minutes dated
August 15th, 2005.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lr)
Attachments: 1.Minutes
60
MINUTES OF A REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, August 15, 2005
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, July 18, 2005. The
meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Pam Cates Mayor Pro Tem
Susan Edstrom Council Member
Beverly Foley Council Member
Scott Spence Council Member
Roger Williams Council Member
STAFF AND GUEST(S) PRESENT:
Donna Welsh Town Manager
Lisa Ramsey Town Secretary
Beth Ann Gregory Community Development Manager
Patricia Adams Town Attorney
Mike Pastor IS Manager
Adam Adams Parks and Recreation Director
Randy Briggs Police and Fire Services Director
Kerin Fleck Planning and Zoning Coordinator
Sakura Moten-Dedrick Financial Analyst
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, August
15, 2005. The meeting was held within the boundaries of the Town and was open to the public.
A.1 Call to order and announce a quorum.
Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a quorum was present.
A.2 Invocation.
Director Briggs 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 Cates led the pledges.
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.
Lynda Sanders, 1 Michelle Court – Addressed Council with concerns of the Special Events Planning for the Town.
She fears that the inadequate commitment and planning is negatively impacting the Town. In addition,
thinks Council should be more involved with the schedule of such events.
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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:
• Budget
Public Hearing scheduled for August 29th.
• Nextel Contract
Nextel has signed the contract and will be presented to Council on August 29th.
Community Development:
• Indian Creek Road Construction
The concrete pours have been completed on the south side (eastbound) lanes of Indian Creek. The
contractor anticipates that south side (eastbound) lanes will be opened on or about August 18th; at
which time the north side (westbound) lanes will be closed to begin construction.
• Miscellaneous Street Repairs
Repairs continue throughout Town. Please watch for traffic signs and cones directing traffic
around these areas for your protection as well as our workers.
• Administration Building Addition
The plans will be completed on August 16th. The construction manager, Steele
Freeman will go out to bid for construction on August 17th. The results of the
bidding process will be brought before Council on September 19th.
• Building Permits
47 residential permits have been issued this fiscal year-to-date at a value of $17.6 million.
Parks and Recreation:
• Pool
The pool will be closed for repairs on Monday, August 15th until such time as the
repairs are completed. We identified that there was a leak early in the season,
and made temporary repairs hoping that they would hold until the season ended.
Our water loss has increased markedly this last week to the point that the pool
needs to be repaired prior to the end of the season.
• Fees
Staff has pulled the sports fee agenda item as we are making it more comprehensive by adding
tournament fees, and also matching the information requested with towns and cities that have
more comparable demographics to that of Trophy Club.
Special Events:
• Reception for Superintendent of School District, Dr. Karen Rue
Monday, August 29th
6:30 Reception and 7:00 Bond Issue Presentation
• Trophy Club Fall Festival in conjunction with Women’s Club
In conjunction with the Women’s Club the Fall Festival will be held Saturday, October 15th, from
12:00 to 5:00. The Roanoke/Trophy Club Soccer Association and the Northwest High School
Hockey Team have confirmed participation. Several vendor booth applications have been
received.
• Light the Town with Christmas Lights
The event is planned for the first weekend in December. Planned activities: Christmas Parade;
Clock Tower Christmas Tree Lighting; Santa arrival and reception. The Church at Trophy Club,
Fellowship United Methodist Church and the Trophy Club Country Club have confirmed
participation.
• Economic Summit in Spring
I The Town is planning in conjunction with surrounding Chamber cities/towns.
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Planning and Zoning:
• Trophy Club Plaza (PD-21)
Developer Regency Centers has formally requested an amendment to the signage regulations at
the Trophy Club Plaza (PD-21), to increase the height of the monument sign along State
Highway 114 in order to gain greater signage visibility for highway traffic. The amendment to the
signage will require a public hearing.
• Special Use Permit requested for Vinny's Restaurant
Vinny's Restaurant has requested a Special Use Permit for alcohol sales. Both the PD-21 signage
amendment and the SUP are scheduled to go before the Planning & Zoning and the Town Council
in a Joint public hearing on September 6th.
Police and Fire Services:
• RFP for a DPS HQ and New Fire Station
DPS is currently developing an RFP to send out for a comprehensive needs assessment for a DPS
HQ and New Fire Station.
• Bicycle and Scooter Safety Program
A safety program in conjunction with BSA Troop to teach children bicycle and scooter safety.
• Public Safety Citizen Advisory Group
Met twice with Public Works CAG to discuss the development of striping Indian Creek Drive
Project.
D.1 Discuss and take appropriate action regarding a potential pilot program to designate a three quarter mile
section of Trophy Club Drive between Oak Hill and Meadow Creek as one lane with a shoulder to provide
traffic calming and establish an area of the road where normal motor vehicle travel would be prohibited,
but parking would be maintained.
Council member Foley made a motion to table for 60 days to educate people; Council member Edstrom seconded
the motion. Mayor Sanders opened the floor for discussion. Council member Spence opposed tabling this
item. Council member Edstrom advised that the 1998 project plan is out of date and suggested a
referendum. Mayor Sanders asked the Council to speak to the motion of tabling this item. Mayor Pro
Tem Cates suggested that the motion be amended from 60 to 30 days, questioning if this would allow
information to be included in the next cycles water bills. Community Director, Beth Ann Gregory asked
that Council clarify the type of information they are requesting be sent to the residents.
Mayor Sanders spoke to the current motion to table and allowed citizens to address the Council opposing this
motion.
Jennifer Reed, 1039 Wilshire Drive – Signed up in favor of this project.
Dennis Sheridan, 1 Hillcrest Court – Sign up did not indicate in favor or against.
Lori Peeraer, 307 Skyline Drive - Signed up in favor of this project.
Margi Cantrell, 1105 Sunset Drive – Signed up in favor of this project.
Council member Foley modified her motion by moving that this item be tabled for 30 days, directing staff to
advertise the pilot project in the Newsletter, on List Serve and create a survey on the website, bringing the
results back to Council at the September 19th meeting; Council member Edstrom agreed with the change.
Motion passed 3:2, with Council member Spence and Williams voting against. Although the item was tabled, the
Mayor allowed the following residents to address the Council:
Sally Michalak President of the Northwest Metroport Chamber, 17 Salida Drive – Wrote a letter expressing
neutrality and suggesting that the residents be educated through information sent in the water bills and great
signage.
Margi Cantrell, 1105 Sunset Drive – Spoke in favor of the pilot project.
Lori Peeraer, 307 Skyline Drive - Spoke in favor of the pilot project.
Bob Downey, 531 Indian Creek - Spoke in favor of the pilot project.
Bill Loney, 610 Indian Creek Drive - Spoke against street striping.
Mike Foley, 221 Oak Hill Drive - Spoke against street striping.
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Pat Carr, 1116 Trophy Club Drive –Spoke against street striping.
Kristine Peterson, 1124 Trophy Club, Drive – Spoke against street striping.
Jeffrey Peterson, 1124 Trophy Club, Drive – Spoke against street striping.
Denise Stamos, 530 Indian Creek Drive -Signed up to speak in favor, but deferred her comment at this time.
Bill Matthai, 500 Indian Creek Drive, Spoke against street striping.
JD Harvey, 5 Sunrise Court - Spoke against street striping.
Jennifer Reed, 1039 Wilshire Drive – Already addressed Council speaking against motion to table and in favor of
project.
Kathleen Wilson, 34 Meadowbrook Lane - Spoke in favor of the project.
Community Director, Beth Ann Gregory clarified that the direction given to staff by the Town Council was a request
to advertise the traffic control measures in the Newsletter, on List Serve and to create an online survey on
the website for citizens suggestions and to present to Council the result of the survey at the September 19th
meeting.
Mayor Sanders thanked the residents for attending and voicing their opinions.
D.2 Discuss and take appropriate action regarding the potential reconsideration by Council of the passage of
Resolution Number 2005-15 appointing citizens to four (4) seats on the Planning and Zoning Commission.
(RES. # 2005 –23)
Council member Williams made a motion to repeal Resolution 2005-15; Council member Foley seconded. Mayor
Sanders advised that this motion speaks to the appropriateness to repeal the resolution, not whom to
appoint.
Council member Williams advised that he felt that a very bad precedence was set in July when the majority of the
Council decided to override a majority decision previously made by the Council and that this decision took
place at a meeting where one of the Town Council members was absent. Council member Williams said
that he requested that this come before Council again, with all members present. Council member Edstrom
pointed out that both Council member Spence and Williams were aware of this agenda item two weeks in
advance, that Council member Spence did not notify the Town Secretary until Friday, July 15th that he
would not be able to attend the July 18th and that neither asked for it to be moved. Council member
Williams disagreed, saying that he did ask the Mayor to move the item and Council member Spence
advised that he did notify the Town Secretary, Lisa Ramsey of his vacation plans prior to that Friday.
Mayor Sanders allowed citizens to comment on the current motion to repeal 2005-15.
Alan Bailey, 15 Ridgewood Drive – Spoke against repealing Resolution 2005-15 as he felt that a systematic process
of evaluation took place on July 18th, and that the appointments were appropriate and afforded according to
the candidates qualifications.
Shelby Bailey, 15 Ridgewood Drive - Spoke against repealing Resolution 2005-15, saying that she did not feel that
there was an abuse of the process or discretion.
Council member Spence contended that the process did change that night, even so admitted by Mayor Sanders.
Council member Williams continued that when a minority of the Council decides to try and overrule a
majority vote of Council chaos is created.
Mayor Sanders clarified that according to Robert’s Rules of Orders pages 276 and 417, the Chair has the option of
how elections are conducted. At the time he felt that the nomination process was a more fair methodology
to fill seats, however, after hearing that the Council did not like the nomination methodology he
reconsidered.
Mayor Sanders called for the vote on the Motion to rescind 2005-15, passed 3:2, with Mayor Pro Tem Cates and
Council member Edstrom voting against.
Mayor Sanders recognized P & Z Chairman, Gene Hill to make his recommendation.
Mr. Hill stated that in his 18 years of service to the Town, it has been Council’s history to reappoint seated members
when their term expires. Mr. Hill continued that the three applying for reappointed: Clayton Reid, Jim
Moss and himself submitted their applications by the March 25th deadline. The vacancy was posted on the
marquee, the Town’s website and on Channel 7 and received five applications from May 11th - June 9th.
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Leading up the June 20th meeting, Mr. Hill interviewed four of the candidates; three in person and one by
phone. Mr. Hill was not able to schedule a meeting with Mr. Smith during this time, but as of this week
has had an opportunity to speak in person with him. Mr. Hill restated his previous recommendation made
to Council to reappoint the three sitting members, and strongly recommended as he did in his previous
writing that Steven Stamos be appointed.
Council member Williams questioned Mr. Stamos’ admission of a close to expert working knowledge of the Town’s
ordinances, as indicated in the supplemental application. Mr. Stamos responded that he has previous
experience working with a developer in the Metroplex who was considering purchasing the remainder of
Beck’s property and had reviewed our ordinances at that time.
Council member Edstrom made a motion to reappoint returning Commissioners, Gene Hill, Jim Moss and Clayton
Reed and to the open seat, appoint Stephen Stamos; Mayor Pro Tem Cates seconded.
Bob Radder, 1 Lee Court - Wrote a letter to Council opposing the reconsideration of appointments made, as they
were the most qualified.
Bill Matthai, 500 Indian Creek Drive (Neutral) - Spoke to the level of expertise Mr. Stamos has to offer.
Bob Downey, 531 Indian Creek Drive (Neutral) - Signed up to leave, had to leave before being asked to speak.
Greg Lamont, 15 Avalon Drive – Began by stating that disappointment does not give the appearance of misconduct
and spoke to how the selection process could possibly deter qualified candidates to apply for Commission
and Boards.
Alan Bailey, 15 Ridgewood Drive (TBD) Agrees with the recommendations made by Mr. Hill.
Shelby Bailey, 15 Ridgewood Drive - (TBD) Supports Mr. Hills recommendations for appointments.
Council member Williams commented that Mr. Stamos’ application gives the appearance of being the most
qualified and although Mr. Hill indicated as much in the summary of his interview, he did not specifically
make a recommendation for the open seat at the June 20th meeting, but rather asked for special
consideration for Mr. Smith. Council member Williams continued that without any discussion, a motion
was made at the June 20th meeting and he does not want the appointment of Steven Stamos to be a black
eye on candidate Scott Smith.
Council member Foley thinks that the time served in the Town shows a commitment and if someone no longer
wants to serve in their current position, they should have the opportunity to move into a different position
in another capacity within the Town. Council member Edstrom advised that although the process this time
may have been sequacious, it was the only way to ensure that the original process, as established in 2003,
where the Chairman makes their recommendation to the Council, was no longer in question.
Gene Hill acknowledged that he did not make a straightforward recommendation at the June meeting, as he had
provided his recommendations in writing in anticipation that Council would review prior to the meeting.
Mr. Hill advised that if, and when he needed to make future recommendation, he will speak up and will
clearly speak his recommendation, trusting that the Council has read the information provided. Mayor
Sanders called for the vote. Motion to reappoint Gene Hill, Jim Moss and Clayton Reed and to appoint
Stephen Stamos passed unanimously.
D.3 Discuss and take appropriate action regarding an Ordinance repealing Ordinance No. 2001-02, in its
entirety, and adopting a new Ordinance relating to the dedication of park land and open space. (ORD #
2005-19)
Adam Adams advised the Council that this is a proactive measure taken to cover the needs of the Town in
anticipation of the future development Staff has revised the Park Ordinance with parkland dedication requirements
that are roughly proportionate to the requirements generated by the build-out population numbers.
Council member Spence made a motion to adopt the new ordinance; Council member Edstrom seconded the motion.
Neil Twomey, 203 Oakmont Drive – Voiced his concern with section 5 of the proposed ordinance.
Council member Spence and Edstrom moved adopt the ordinance with the following modification to section 5.A.2:
Any areas of unusual topography, slope or other characteristics which renders same unusable for
organized recreational activities or other parks and recreational uses.
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Motion passed unanimously.
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.
Items D. 4 and D.5 were removed from consent as requested by Council member Williams, D.6 as requested by
Mayor Pro Tem Cates and D.9 as requested by Council member Foley.
Motion to approve the Consent Agenda as modified; Items D.7, D.8 and D.10, moved by Council member Williams;
seconded by Council member Edstrom. Motion passed unanimously.
D.4 Consent agenda: Discuss and take appropriate action regarding a Resolution to approve the placement of a
proposal to adopt a 2005 Tax Rate on September 19, 2005 Town Council Public Meeting Agenda. (ORD #
2005 –24)
Council member Williams stated his concern about approving an ordinance that states the adoption of a tax rate
when the Town Council has not yet voted to increase the tax rate. Town Attorney, Patricia Adams, advised
that the ordinance could be changed to read 'consider' adoption instead.
Council member Edstrom made a motion to approve the ordinance with the following changes to the first whereas
clause and to section one; ‘desires to consider adoption of a tax rate of $0.44051 per $100 valuation,’
Council member Foley seconded. Motion passed unanimously.
D.5 Consent agenda: Discuss and take appropriate action regarding a Settlement Agreement between TXU
Electric Delivery and the Town of Trophy Club in consideration for the Town's agreement not to initiate or
participate in a Show Cause Action concerning Electric Delivery's rates before July 1, 2006 and authorizing
the Mayor to execute all necessary documents.
Council member Williams questioned the consideration that the Town is receiving. Patricia advised the Town
Council that there was a rate case performed, that the Town did not participate in. TXU is allowing the
Town the same rate as given to the collation of cities that did participate in the rate study.
Council member Williams moved to approve the agreement; Council member Edstrom seconded. Motion passed
unanimously.
D.6 Consent agenda: Town Council to discuss and take appropriate action on the purchase of electronic
message boards for the Town entrances and to authorize the expenditure of an amount not to exceed
$22,000 to be paid out of the general fund in order to fully fund the project in the current fiscal year.
Mayor Pro Tem Cates questioned if Nextel would be contributing to the cost. Town Manager, Donna Welsh
advised that Beck Properties and the MUDS have both contributed.
Neil Twomey, 203 Oakmont Drive – Spoke against this item advising that this was brought up to Ways and Means
two years ago and that he feels that this is a luxury rather than a necessity.
Mayor Sanders confirmed that the money is considered in the proposed budget and asked for a motion. Council
member Edstrom requested that this item be brought back to Council after the approval of the Nextel
contract. Council member Spence suggested that that we table for 90 days, as this Council is unable to
make decisions.
Council member Williams made a motion to approve D.6; Council member Foley seconded.
Discussion continued. Council member Williams called for question; Council member Spence seconded. Vote to
close debate passed 3:2, with Mayor Pro Tem and Council member Edstrom voting against.
Motion to approve D.6 passed 3:2, with Mayor Pro Tem Cates and Council member Edstrom voting against.
D.7 Consent agenda: Discuss and take appropriate action to approve execution of new signature resolutions for
Town Bank Accounts at First Financial Bank and Northwest Bank by Donna Welsh, Roger Unger, Lisa
Ramsey, and Nick Sanders.
D.8 Consent agenda: Discuss and take appropriate action regarding an Ordinance repealing Ordinance No.
2005-01 in its entirety, and adopting a new Ordinance appointing a presiding judge, alternate judges, a
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court administrator and a court clerk for the Trophy Club Municipal Court of Record No. 1. (ORD. 2005-
21)
D.9 Consent agenda: Discuss and take appropriate action to approve Minutes dated August 1, 2005.
Council member Foley advised that she was not present at the August 1st meeting. Council member Williams made
a motion to approve the Minutes; Council member Edstrom seconded. Motion passed 4:1, with Foley
abstaining.
D.10 Consent agenda: Discuss and take appropriate action to approve financials dated July 2005.
D.11 Additional Information for Council
Council member Williams asked for a budget workshop after the regular session on September 19th. Council
member Edstrom advised that she will not be able to attend the September 19th meeting, but has no
objections to the workshop.
D.12 Items for Future Agenda.
Council and/or Staff has requested the items listed be considered at a future Council meeting. Council and
Staff will have the opportunity during this session to update this list.
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 of Marshall Creek.
3. Discussion and appropriate action for an Ordinance to approve vacant land appraisal.
Council member Edstrom requested status of street repairs and bonds, including recommendation.
Council member Spence requested discussion and appropriate action regarding the restrictions for
motorized scooters. (Ordinance 2004-17)
Mayor Sanders requested that all agenda requests go through the Town Secretary.
F.1 Adjourn.
Council member Edstrom made a motion to adjourn; Council member Williams seconded. Meeting
adjourned at 10:07.
___________________________________
Mayor, Town of Trophy Club
__________________________________
Town Secretary, Town of Trophy Club
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-6-2005
Subject: Agenda Item No.D.10
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
of Marshall Creek
3. Discussion and appropriate action for an Ordinance to approve vacant
land appraisal - September 19, 2005
4. Discussion and appropriate action regarding safety issues as established in
Ordinance 2004-17, the operation of motor assisted scooters -
September 19, 2005
5. Status of street repairs and bonds, including recommendation.
6. Discuss and take appropriate action for street pilot traffic calming
program for a section of Trophy Club Drive - October 3, 2005
7. Discuss and receive direction regarding charging fees for the use of the
pool and other facilities - October 3, 2005
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-6-2005
Subject: Agenda Item No.E.1
Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.087
(2) "Deliberation Regarding Economic Development Negotiations" and Section
551.071 (b) "Consultation with Attorney", the Council will enter into executive
session to discuss the following:
(A) To discuss or deliberate the offer of financial or other incentives to a business
prospect that the Town seeks to have locate within the territory of the Town
pursuant to Section 551.087 (2) of the Texas Open Meetings Act and For
Consultation with the 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) Financial and other incentives for the proposed D.R. Horton/Beck Properties
mixed use development and legal advice regarding the proposed development,
zoning and platting, potential economic incentives and contractual agreements,
potential contracts for water and wastewater services, and matters related to the
proposed development.
(B) Consultation with the 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 revisions to the existing interlocal agreement for
employment services by and between the Town of Trophy Club and the Trophy
Club Master District
(paa)
69
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-6-2005
Subject: Agenda Item No.F.1
Adjourn.
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