Agenda Packet TC 11/06/2006 1
Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, November 6, 2006
7:00 P.M.
A.1 Call to order and announce a quorum.
A.2 Work Session:
Discuss and review items posted to the November 6, 2006 Agenda, specifically Item
D.1.
A.3 Invocation.
A.4 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
A.5 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.
A.6 Discuss and take appropriate action regarding a Proclamation recognizing the
25th Anniversary of the Trophy Club Women's Club.
B.1 Consent Agenda: Discuss and take appropriate action relative to an Ordinance
amending Article I, "Animals", Chapter 2 of the Code of Ordinances, entitled
"Animal Control." (Amending 2006-24)
B.2 Consent Agenda: Discuss and take appropriate action regarding a Resolution
approving an Interlocal Agreement for the Fire Protection and Ambulance with
Denton County.
B.3 Consent Agenda: Discuss and take appropriate action to approve the August
21, 2006 Minutes.
C.1 Hold a public hearing regarding an amendment to Ordinance No. 2002-44
amending the Cable Franchise with Charter Communications in order to allow
an automatic three year continuation of the term of the franchise agreement.
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D.1 Discuss and take appropriate action regarding an Ordinance amending
Ordinance No. 2002-44, the Cable Franchise Agreement with Charter
Communications, in order to allow an automatic continuation of the term of the
franchise agreement.
D.2 Discuss and take appropriate action regarding a contract with Teague, Nall and
Perkins for planning services.
D.3 Discuss and take appropriate action regarding an Ordinance authorizing and
approving the terms and conditions of a note as well as the specified lender for
the Harmony Park reconstruction and improvement loan with the payments
being funded by EDC 4A.
D.4 Discuss and take appropriate action regarding a Resolution repealing
Resolution No. 2001-01 and adopting the Municipality of Trophy Club Handbook
for Elected and Appointed Officials.
D.5 Discuss and provide input regarding an ordinance levying a tax on the
occupancy of hotel rooms as allowed by State law.
D.6 Discuss and take appropriate action to approve the October 10, 2006 Minutes.
D.7 Discuss and take appropriate action to approve the October 22, 2006 Minutes.
D.8 Presentation of budget variance report and year end summary report and
discussion of same.
D.9 Discuss and take appropriate action establishing the process to evaluate and
administer performance reviews for Town Council appointed positions,
specifically as it relates to the Town Manager duties, goals and objectives for
the ninety his (90) day evaluation.
D.10 Town Manager Emmons to designate an Acting Town Manager.
D.11 Items for Future Agenda.
Items for Future Agendas -
Discuss evaluation / performance review of Town Manager Emmons. (11/20)
Consideration of enactment of Hotel/Motel Tax.
Review of Advisory Groups Committees Policies.
Discuss and consider an Ordinance requiring bicycle helmets and bicycle laws.
Review of Property Maintenance Ordinance.
Discuss and take appropriate action regarding an Ordinance amending Chapter
14 entitled "Design Standards", Figures 1-7, 1-8 and 1-9 of Section 1 entitled
"Roadway Design" of the Code of Ordinances of the Town.
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Discuss and provide input relative to an Ordinance amending the Chapter 3,
Article XII Standards for the Repair, Removal or Demolition of Substandard
Buildings and establishing Building Standards Commission for the Town.
Discussion about storm water discharge from pools.
Discuss and appropriate action regarding a policy for accepting gifts.
Discussion of drainage ditch that runs between Village Trail and Lakeshore
Drive and consideration of improvements for area to create a linear park.
Discuss and take appropriate action relative to an Ordinance amending Article
IV, "Sign Regulations", Chapter 5 of the Code of Ordinances, entitled "General
Land Use", by amending Sections 4.05. (relative to political signs and quantity
per commercial lot.)
Discuss and take appropriate action to repeal Ordinance 1987-07 and approve
an Ordinance establishing the Town's Emergency Management System.
D.12 Reports. 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.
(A) Town Council calendar of events and activity reports.
(a) Update from Council Representative Edstrom on EDC 4A.
(b) Update from Council Representative Sterling on EDC 4B.
(c) Update from Mayor Sanders on TML Annual Conference.
(B) Town Manager's Report.
E.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-6-2006
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-6-2006
Subject: Agenda Item No.A.2
Work Session:
Discuss and review items posted to the November 6, 2006 Agenda,
specifically Item D.1.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-6-2006
Subject: Agenda Item No.A.3
Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-6-2006
Subject: Agenda Item No.A.4
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-6-2006
Subject: Agenda Item No.A.5
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.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-6-2006
Subject: Agenda Item No.A.6
Discuss and take appropriate action regarding a Proclamation recognizing
the 25th Anniversary of the Trophy Club Women's Club.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. The Proclamation will be sent separately.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-6-2006
Subject: Agenda Item No. B.1
Consent Agenda: Discuss and take appropriate action relative to an
Ordinance amending Article I, "Animals", Chapter 2 of the Code of
Ordinances, entitled "Animal Control." (Amending 2006-24)
EXPLANATION:
The changes marked by underline in the following document are to correct numbering
issues in the previous ordinance that caused several sections to be overwritten with
new sections. This is included on consent because there is nothing new being added.
The wording is exactly the same as in our previous ordinance, but needs to be
readopted.
The sections that were affected are 1.06 Sanitary Conditions, 1.07 Defecation of
Animals on Public and Private Property, 1.09 Animal Noise, 1.27 Display of Certificate
of Registration, 1.32 – 1.37 were not affected but are included for convenience so that
all the information is present in one document for ease of reference for citizens and
staff.
RECOMMENDATION:
Staff recommends approval
ACTION BY COUNCIL:
(bg)
Attachments: 1. Ordinance
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-6-2006
Subject: Agenda Item No.B.2
Consent Agenda: Discuss and take appropriate action regarding a
Resolution approving an Interlocal Agreement for the Fire Protection and
Ambulance with Denton County.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(dt)
Attachments: 1. Resolution
2. Exhibit “A” Fire Protection Agreement
3. Exhibit “B” Ambulance Agreement
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TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2006-
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS APPROVING AN
INTERLOCAL AGREEMENT (MUTUAL AID) FOR FIRE
PROTECTION AND AMBULANCE SERVICES WITH THE
DENTON COUNTY EMERGENCY SERVICES DENTON
COUNTY; AUTHORIZING THE MAYOR TO EXECUTE
THE AGREEMENT ON BEHALF OF THE TOWN; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas
Government Code, authorizes governmental entities to contract with each other to
perform government functions and services, such as those that serve the public health
and welfare; and
WHEREAS, Denton County, is a special district within the meaning of the
Interlocal Cooperation Act, and is therefore an entity with which the Town may
contract; and
WHEREAS, the Town Council has been presented a proposed Interlocal
Cooperation Agreement by and between the Town of Trophy Club, Texas, and Denton
County providing terms and conditions for certain mutual aid fire services to be
provided by the Town to Denton County, a substantial copy of which is attached hereto
as Exhibit “A” and incorporated herein by reference (hereinafter called “Agreement”);
and
WHEREAS, the Town Council has been presented a proposed Interlocal
Cooperation Agreement by and between the Town of Trophy Club, Texas, and Denton
County providing terms and conditions for certain mutual aid ambulance services to be
provided by the Town to Denton County, a substantial copy of which is attached hereto
as Exhibit “B” and incorporated herein by reference (hereinafter called “Agreement”);
and
WHEREAS, upon full review and consideration of the Agreements and of this
Resolution, and all matters attendant and related thereto, the Town Council is of the
opinion that the execution of the Agreement serves a valid public purpose, that all
funds necessary to pay for the services shall be paid out of current revenue legally
available to the parties to the Agreement and shall not exceed the amount budgeted
therefore in the current fiscal year budget, that the terms and conditions of the
Agreement should be approved, and that the Mayor or his designee should be
authorized to execute the Agreement on behalf of the Town of Trophy Club.
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NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS THAT:
Section 1. The Town Council of the Town of Trophy Club, Texas (the “Town”)
does hereby approve and agree to enter into an agreement with Denton County. A
substantial copy of the said agreement is attached hereto and incorporated herein as
Exhibit “A” and Exhibit B.
Section 2. The Mayor and the Town of Trophy Club is hereby authorized,
empowered and directed to execute the said Agreements on behalf of the Town of
Trophy Club.
Section 3. This Resolution shall take effect from and after its date of passage.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this the 6th day of November, 2006.
______________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
_____________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
______________________________________
Town Attorney
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-6-2006
Subject: Agenda Item No.B.3
Consent Agenda: Discuss and take appropriate action to approve the
August 21, 2006 Minutes.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. August 21, 2006 Minutes
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MINUTES OF WORK SESSION/PUBLIC HEARING AND REGULAR
TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, August 21, 2006
6:30 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Work Session/Public Hearing and
Regular Session on Monday, August 21, 2006. The meeting was held within the boundaries of the Town
and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Roger Williams Mayor Pro Tem
Pam Cates Council Member
Susan Edstrom Council Member
Gregory Lamont Council Member
Philip Sterling Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Roger Unger Finance Director/Assistant Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Beth Ann Gregory Community Development Director
Adam Adams Parks and Recreation Director
Tom Shehan Police Sergeant
Danny Thomas Acting Fire Chief
Mike Pastor IS Manager
Kerin Fleck Planning Coordinator
Joe Villa Streets Superintendent
A.1 Mayor Sanders called the Regular Session to order at 6:34 p.m. noting a quorum was present.
A.2 Work Session: (6:30 P.M. – 7:00 P.M.)
Discuss and review items posted on the August 21 Agenda with emphasis on Street Bonds
Beth Ann Gregory introduced Joe Villa, Streets Superintendent, and the following members of the Public
Works Advisory Group; George Gearner, Rick Cally and Glen Strothers.
Brandon Emmons stated that the purpose of workshop was to present options. Currently there is 3.2
million dollars leftover from the initial bond project. Emmons said that the Town Council could
issue all of the remaining bonds into two separate issuances. Projected interest rates would
take 5½ years to break even if separate issuances were issued as opposed to all at once. The
expected total build out would be 2½ to 3 years.
Beth Ann Gregory presented four recommendations as determined by the Public Works Advisory Group.
The Town Council reconvened into regular session on 7:10 P.M.
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A.3 Mayor Sanders gave the invocation.
A.4 Council member Lamont led the pledges.
A.5 Presentation to Town Council from Dan Leal, Executive Director of the Children’s Advocacy
Center for Denton County and comments from Council members.
Dan Leal, Executive Director of the Children’s Advocacy Center for Denton County introduced Vicky
Hardy, Principal of Lakeview Elementary and a Board of Director for the Children’s Advocacy
Center. Mr. Leal explained that Children’s Advocacy Center is one of 61 centers in Texas. The
Center partners with Denton Law Enforcement Offices, Child Protective Services, District
Attorney’s Office, a team of nurses and their staff on the investigation and prosecution of severe
child abuse cases. Approximately 92% of the children seen at the Advocacy Center are victims
of child sexual abuse. The Trophy Club Police Department and Child Protective Agencies make
referrals to the Advocacy Center to the non-offending family members. The Advocacy Center
provides free individual and group counseling, play therapy and crisis intervention programs.
Mr. Leal stated that the Advocacy Center’s mission is to provide justice and healing to victims
and families through the whole process.
B.1 Discuss and take appropriate action relative to a request for Temporary Use Permit for a
Christian Music Festival on 9 September 2006 at 101 Trophy Club Drive, Fellowship Methodist
Church. (Applicant: Don Ragan)
The applicant, Mr. Ragen addressed the Council, stating that they have booked 7 Christian bands, that
sound will be directed toward the street and that the Becks have agreed to allow the overfull
parking.
Mayor Sanders asked if the neighbors in the back have been contacted. Mr. Ragen said that church
members would be talking to these homeowners so that they are aware of the event.
Mayor Sanders commented that the P & Z Commission approved of the request for Temporary Use
Permit on August 3, 2006.
Motion made by Cates, seconded by Edstrom to approve the Temporary Use Permit.
Council member Sterling supports this and believes this to be a good outreach function. Sterling
suggested that the Town not charge for the permit fee since it is a non-profit organization.
Kerin Fleck said that the fee is around $25 and does not think that we should waive this for anyone.
Mr. Ragan offered that according to the Permit Department, the fee is $35.00, and that they do not have
any problem paying for the permit.
Motion passed unanimously without further discussion
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.
Brandon Emmons presented the following:
Administration:
Due to the Labor Day Holiday, Town Offices will be closed on Monday, September 4th.
The regularly scheduled Town Council meeting has been moved from September 4th to September 11th.
Town Council is scheduled to makes appointments to the Town’s Boards and Commissions at the
September 11th meeting.
Community Development:
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Storm Sewers - We have completed the Inverness Storm Drain reconstruction project. The contractor
will be performing final cleanup this week.
Streets – A contractor will begin sweeping the main roads in Town this week.
Finance:
Public Hearing
Town Council will conduct a Public Hearing regarding the budget and proposed tax rate increase for
fiscal year October 1, 2006 to September 30, 2007 at their September 11th meeting.
Police and Fire Services:
Fire Services
Master District approved the purchase of a fire truck.
Council member Cates clarified that only the engine was approved and that there is a six month
residency requirement for citizens wishing to serve on a Board or Commission.
Roger Williams requested that the word increase be removed from the Public Hearing for the Budget
and proposed tax rate as is confuses the citizens.
Brandon Emmons explained that the State requires that any time the tax rate is altered, even if only the
property values increase, it has to be advertised as a tax rate increase, we have to advertise as
a tax rate increase as their values may increase.
B.3 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.
Bob Radder – 1 Lee Court, questioned if this was the list that was originally presented and voted on for
the 2001 Bond issue, as Timberline is not listed and it was not listed on the original Bond issue.
TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING AT 7:37 P.M.
PUBLIC HEARING
C.1 Public Hearing:
a. Consider an amendment to Town Ordinance No. 95-20, the same being PD-13, The Village at
Trophy Club, to amend the list of permitted uses for Tract 3 (Vacant Lot) to allow a
restaurant with drive-thru, Applicant: Jeff Platt, Taco Bueno, (Case No. PDAMD-06-022).
b. Consider an amendment to Town Ordinance No. 95-20, the same being PD-13, The Village at
Trophy Club, to approve a Site Plan and related modifications for Tract 3, Applicant: Jeff
Platt, Taco Bueno, (Case No. SP-06-005).
Brandon Emmons introduced the applicant, Jeff Platt, Taco Bueno representative and Gene Hill, P & Z
Commissioner Chairman.
Jeff Platt introduced John Miller, President of Taco Bueno and commented that Taco Bueno is
celebrating their 40th Anniversary this year and has over 75 restaurants in this market and would
love to have one in this market. Mr. Miller said that they would present information requesting
that the Council consider their amendments to allow a drive through restaurant. Mr. Miller
advised that Taco Bueno averages about $1,200,000 per restaurant in this market, serving
approximately 450 customers a day.
Mr. Platt said that they selected this site after looking over the corridor extending from Southlake into
Roanoke as it is in the center. Mr. Platt advised that they have preformed their due diligence
and considered the resident’s sensitivity and thus have made several concessions in respect.
Platt explained that the building has been moved away from the residents, the dumpster has
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been moved closer to the building, the menu board and drive through have been moved as well,
all to reduce the noise level. Platt advised that shrubs and a screened fence have been added
to buffer the car lights and noise. The speaker panel is within 18 inches from the car. Platt
spoke to the traffic control and that they like this location due to the traffic coming off of 114 and
convenience to 7-11. Platt addressing the site lighting, stating that they intend to have poles
with shoebox lights so that the light will shine down.
Mayor Pro Williams clarified that the distance from the back line property to the sound fence is 90 to 100
feet.
Mayor Sanders understood that the speaker decimal level does not exceed the Ordinance. Kerin Fleck
explained that the Town does not have an Ordinance mandating decimal level other than for gas
drills.
Council member Cates commented that this will generate a lot of traffic and questioned what traffic
studies have been preformed.
Mr. Miller commented that with the two main entrances from 114, a low estimate would be 220 and a
high of 300. From their experience with the 150 Taco Buenos, considering the Town’s density,
they expect 240 – 250 cars per day.
Council member Cates asked why the other entrance was not selected. Miller advised that the best
location and the most logical space is in Roanoke, in front of the retail, but that this is better
proximity.
Mayor Pro Tem Williams confirmed their business hours are 10:00 a.m. to 11:00 p.m.
Council member Edstrom suggested that Taco Bueno consider the track to the east by the hospital, as
the visibility would be better.
Luther Bruce, 1115 Sunset Drive, Trophy Club - Spoke against Taco Bueno and submitted a petition in
opposition with 31 names. Bruce does not oppose a restaurant being built, only a drive through.
Mayor Pro Tem Williams advised that this area has been zoned for commercial since 1996 and that the
citizens should have asked about it prior to buying there homes.
David Glaser, 15 Overhill Drive, Trophy Club – Spoke against Taco Bueno, stating that the most visible
area in Trophy Club is this vacant lot, which is zoned for a restaurant, not a drive though and
that the parking area planned will increase the traffic issues.
Kathleen Wilson, 34 Meadowbrook Lane, Trophy Club – Spoke against Taco Bueno, requesting that the
Town Council remember what the conception of Trophy Club boasted, a retirement community.
Wilson is also concerned with that this will only compound the current traffic issues.
George Roberson, 306 Skyline Drive, Trophy Club – Spoke against Taco Bueno and remarked that he
hoped that the Council had not already come to a decision.
Margi Cantrell, 1105 Sunset Drive, Trophy Club - Spoke in favor of Taco Bueno, stating that the Town
has less than 10% of commercial available and need ways generate revenue. Cantrell
requested that the residents keep in mind that Town services and amenities are not free.
David White, 1118 Sunset Drive, Trophy Club – Spoke against Taco Bueno, stating that he lives directly
behind the 7-11 and is concerned about the sound level and traffic issues.
Mayor Sanders read the following received from citizens’ emails:
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Jack K. Pugh, Jr 21 Salida Drive Supports
Kristine Christlieb 43 Cimarron Drive Supports
Dave Glaser 15 Overhill Drive Against
Catherine Dillon 27 Lakeview Against
Jim Budarf 547 Indian Creek Supports
Susan Flickinger 24 Hillcrest Court Supports
Judy Williams 214 Phoenix Drive Supports
The Pacheco Family 201 Clear Vista Drive, Supports
David Ford 4 Glen Eagles Court, Supports
Klista Loomis 7 Timberline Court Against
James F. & Barbara
Rogers 29 West Hillside Place Against
Adele Harbuz - 18 Overhill Drive Opposes
Steven Kohs 18 Overhill Drive Opposes
Karen Passiak - 18 Overhill Drive Opposes
R.C. "Bob" Fair 306 Madeline Cove Neutral
Mary Hampton Opposes
Lynda Sanders 1 Michelle Court Supports
Doug Wilson 34 Meadowbrook Lane Opposes
Michael and Michell
Lawrence 32 Meadowbrook Lane Opposes
C.2 Public Hearing:
a. Consider an amendment to Town Ordinance No. 2002-41 P&Z, the same being PD-25,
Trophy Wood Business Center, to increase the boundaries of PD-25; and by amending
Exhibit "C", entitled "Development Standards" subsection A(1)(a) to increase the size of Tract
4 from approximately 1.5 acres to approximately 1.6 acres; and by increasing the size of
Tract 5 from approximately 2.0 acres to approximately 2.801 acres, Applicant: David
Johnston, Quanah Hospitality Partners, LP, (PDAMD-06-023).
b. Consider an amendment to Town Ordinance No. 2002-41 P&Z, the same being PD-25,
Trophy Wood Business Center for Concept Plan approval of Tract 5, Applicant: David
Johnston, Quanah Hospitality Partners, LP, (CP-06-002).
c. Consider a Replat of Lots 1 and 2 in Block B of the Trophy Wood Business Center, Applicant:
David Johnston, Quanah Hospitality Partners, LP, (RP-06-005).
Rick Martin, representative from Quanah Hospitality Partners requested that the Council consider an
amendment to PD-25 to increase the boundaries of the PD to include the .945 acreage to PD-
25, which is the triangular tract of land which was not originally included in the boundaries of PD-
25, or in the Final Plat of the Business Center approved in June 2006. Approximately .787 acres
will be added to Tract 5, and approximately .167 acres will be added to Tract 4.
Council member Cates questioned why Quanah wants to put the hotel in this plat with all the other areas
available in this PD. Mr. Martin answered that they like the freeway frontage visibility and this
plat moves the four-story hotel away from the residential community so that the residents do not
have to worry about the hotel guests looking into their backyards.
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Council member Edstrom clarified that Quanah’s intentions to combine the two sites was to produce a
larger facility. Mr. Martin responded that the brand has two prototypes, one with 105 units and
another with 121units, the 121 units is primarily being built in North Texas. The 121 unit
prototype works better for Quanah financial module however; Tract 5 would only allow 105 units.
Council member Edstrom questioned what their financial agreement requirements are within the
financial ease for reinvestment of capital. Mr. Martin provided that Value Place has a very
stringent quality assurance program and is required to put back 5% every year for capital
improvement and replacement items.
Mayor Sanders asked for Council questions on C.2.b.
David Cunningham, 2172 Winding Creek, Grapevine – Advised the Council that he was attending for Mr.
Stewart as he could not attend. Mr. Cunningham explained that this property would have
originally been purchased and put in this PD had they known that it was in the Town of Trophy
Club. At the time the PD was created, the land was believed to be owned by the City of
Westlake. Subsequently, since the creation of PD-25 the Town and Westlake have determined
that this land belongs to Trophy Club and requested that the Council, as a matter of the natural
course, put the land back where it belongs.
Mayor Sanders called on residents who signed up to speak to this item. Both Kathleen Wilson and
George Roberson declined to speak. Margi Cantrell stated that she supports the hotel.
C.3 Town Council to conduct a Public Hearing regarding the budget and proposed tax rate increase
for fiscal year October 1, 2006 to September 30, 2007.
Mayor Sanders announced that The Town Council would be voting on the 2006-07 tax rate on
September 18, 2006, during their Regular Session, which starts at 7:00 P.M. The meeting will
be held here in the Council Chambers.
Mayor Sanders clarified that the Town is not proposing a tax rate increase at this time, however the
wording is dictated by the State of Texas and in essence states if the Tax Revenue increases
the language has to be stated a certain way. The Revenue will increase as a result of property
values increasing or more property; therefore it is considered a tax rate increase.
No citizens addressed Council.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION AT 8:26 P.M.
*REGULAR SESSION
D.1 Discuss and take appropriate action relative to C.1:
a. Consider an amendment to Town Ordinance No. 95-20, the same being PD-13, The Village at
Trophy Club, to amend the list of permitted uses for Tract 3 (Vacant Lot) to allow a restaurant
with drive-thru, Applicant: Jeff Platt, Taco Bueno, (Case No. PDAMD-06-022).
b. Consider an amendment to Town Ordinance No. 95-20, the same being PD-13, The Village at
Trophy Club, to approve a Site Plan and related modifications for Tract 3, Applicant: Jeff
Platt, Taco Bueno, (Case No. SP-06-005).
P & Z Chairman Hill advised that this issue was previously brought before Commission in August 2006.
Hill recollected that PD-13 was brought before the Council in 1995 and was a very contentious
item. Following a long series of discussion very stringent sets of criteria were placed on this PD
to include very strict masonry and architecture criteria. At the August 2006 meeting the P & Z
Commissioners discussed at length the amendments that would need to be made for traffic entry
flow, masonry requirements, monument design and window and door variances were brought up
for a drive in restaurant. The Commission denied the request for amendment to PD-13 for a
drive thru restaurant, by a vote of 4:3.
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Patricia Adams clarified that since the P & Z Commission denied this Zoning request, the Council would
also need to address the items under D.1.b if they approve D.1.a.
Motion made by Williams, seconded by Sterling to approve the amendments.
Mayor Pro Tem Williams stated that we would have traffic issues regardless of the type of establishment.
Williams remembered when this PD was approved as he was on the P & Z Commission and
Chairman Hill was a member of the Town Council. There was a Petition with 1,000 names
submitted against the 7-11 and yet, some of those who signed it, now frequent the store for their
services. Williams wished that Commission would have stood up and said that they did not want
a drive through rather than blaming the noise level. Regardless of restaurant, we will have a
noise and traffic issues. Williams is concerned that this PD will continue to sit vacant if a drive
through restaurant is not approved.
Council member Edstrom spoke that Wendy’s was not approved for this PD due to HWY 114 not being
complete. Edstrom took exception to Mr. Roberson’s comment that the Council has already
made their decision and added that she was one of the signatures on a petition against
Wendy’s. Edstrom continued that the noise level can be addressed, but not the traffic issues
and encouraged Taco Bueno to work with the Council should this not be approved. Edstrom
concluded that the demographics have significantly changed and encouraged the residents to
go look at the 10% commercial area and is trying to weigh the benefits versus the negatives
when considering the facts.
Council member Cates appreciates that Taco Bueno wants to build in Trophy Club. Cates likes their
design and does not have a problem with a drive through, but struggles with the traffic at this
location. Cates wishes that they would consider other commercial properties in Trophy Club.
Council member Lamont believes that a drive through at this location denigrates the Town and the
entrance. Lamont drove through Southlake, on 1709 and 377 and commented that no drive
through restaurants buffer up against a development or a resident’s house, that they may front
large commercial property but not within 90 feet of a residence.
Council member Sterling said that this is a tough topic as Taco Bueno is good quality food. Sterling
commends Taco Beuno for responding well to staff’s suggestions. Sterling spoke to the
residents concern of noise level and traffic congestion stating that the speaker volume will
probably not be heard over the roar of the traffic on 114, especially once construction on 114 is
complete; as it will only get louder. Sterling does object to the appearance at this location, but
does not believe that it is economically healthy to turn down everything that is presented but
would like to pursue an alternate.
Mayor Sanders addressed Council member’s Sterling’s suggestion for a survey of the residents to
determine what type of business they want at this location, stating that this is not feasible with
staffing issues. Sanders commented that he has been in Trophy Club for 11 years, and moved
in prior to the 7-11. Sanders said that the gazebo was there when they bought their home and
gone when they moved in. Sanders addressed the ambient technology of the speaker volume
and that Taco Bueno has not submitted a request to extend the hours past 11:00 P.M. Sanders
has driven by several Taco Buenos stating that commercial is usually on major thorough fares,
which Trophy Club does not have. Sanders commented that we are limited with things that we
can do and would prefer a sit down restaurant, but is in favor of Taco Bueno. Sanders said that
his objection is the signage as all of his other concerns have been addressed. Sanders asked
that the Town Engineers look into a median cut, which would allow a left turn from Trophy Club
Drive into the Taco Bueno parking lot. Currently, one would need to go down and turn into the
southern most entrance of the executive suites. The opinion of the Engineer was putting a
median cut closer to the highway did not necessarily made things better as the median cut would
have to go where the flag poles are located. Sanders and staff looked at the property value of
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Flower Mound, Southlake and Colleyville and based on the tax rolls of $400,000, this one would
generate about $1,700.00 a year in ad valorem taxes to the Town, about $1,100.00 to taxes to
the MUD and the sales tax dollars would generate about $22,000.00 a year in sales tax revenue.
Sanders would like to address some of the resident’s concerns of noise.
Mayor Sanders addressed Mr. Roberson comments that Trophy Club Town Council has not discussed
or debated this issue as it is against the law and his ethical standards. Sanders said that he has
more knowledge than other Council members as he has worked closely with staff regarding this
issue.
Milton Smith, 1120 Sunset Drive, Trophy Club – Requested that the Council consider both the pollution
and the music which will be coming from the cars sitting in the drive through.
Kathleen Wilson, 34 Meadowbrook Lane, Trophy Club - Referenced the conception that Trophy Club is a
retirement community as she is only 35 with a young family. She does not believe that this
should negate the value of investments of residents who bought their homes over 20 years.
Wilson does not want Trophy Club to become another Valley Ranch and requested that Council
consider better alternatives.
Mr. Miller spoke to the citizens and agreed that Trophy Club is a lovely community and one where they
would like to be. Miller said that based on the resident’s concerns, they respectfully withdrew
that request to develop in this area.
David White, 1118 Sunset Drive, Trophy Club - Believes that we need to do what is best for Trophy Club
and that there are better uses for this property other than a fast food restaurant.
JD Harvey, 5 Sunrise Court, Trophy Club - Commented that as a resident of 12 years he has seen the
same thing, applicants with-drawing their application to come into the Town, as the Town keeps
holding out for something better. Harvey requested that we think about what we are asking
businesses to do to become part of the Town and added that the residents need to prepare for
higher taxes.
Mayor Pro Tem Williams said that this is another instance where a few citizens say that they do not want
it, so it will not happen. This lot has sat vacant for 10 years and if this continues, the tax rate will
be increased potentially more than 10%. With the MUD and Town tax rate, Trophy Club is the
second highest tax rate in the area. The tax rate increase will definitely drive people from Trophy
Club.
Williams removed his motion, the second agreed.
Motion removed.
Both Mayor Sanders and Mayor Pro Tem Williams apologized to Mr. Miller and Mr. Platt, thank them for
their hard work and said that they would appreciate the opportunity to work with them in the
future.
D.2 Discuss and take appropriate action relative to C.2:
a. An amendment to Town Ordinance No. 2002-41 P&Z, the same being PD-25, Trophy Wood
Business Center, to increase the boundaries of PD-25; and by amending Exhibit "C", entitled
"Development Standards" subsection A(1)(a) to increase the size of Tract 4 from
approximately 1.5 acres to approximately 1.6 acres; and by increasing the size of Tract 5
from approximately 2.0 acres to approximately 2.801 acres, Applicant: David Johnston,
Quanah Hospitality Partners, LP, (PDAMD-06-023).
b. An amendment to Town Ordinance No. 2002-41 P&Z, the same being PD-25, Trophy Wood
Business Center for Concept Plan approval of Tract 5, Applicant: David Johnston, Quanah
Hospitality Partners, LP, (CP-06-002).
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c. A Replat of Lots 1 and 2 in Block B of the Trophy Wood Business Center, Applicant: David
Johnston, Quanah Hospitality Partners, LP, (RP-06-005).
Motion made by Williams, seconded by Cates to approve the amendments under D.2.a.
P & Z Chairman Gene Hill provided that this is just an incorporation and that is has been determined that
it is in the boundaries of Trophy Club.
Council member Edstrom stated that given the response that this was for the purpose of a larger facility
she is not in support.
Mayor Pro Tem Williams commented that this is the first opportunity to have something in the area,
although it is not a Marriott we need to get started or nothing will happen in the east area.
Council member Lamont suggested that this proposed hotel is more consistent to a transient type of
hotel and does not feel that it belongs in our area.
Chairman Hill pointed out that Council should be addressing item A, not the concept plan.
Mayor Sanders asked Mr. Cunningham to comment on expanding the PD only. Cunningham explained
that the property is less than an acre with talk that it would be a liquor store when it was believed
to be in Westlake. However, with the determination that it is in Trophy Club and now trying to be
incorporated into a PD, allowing the Town certain architectural controls to gather a good product
is a good thing. This PD specifically allows for three limited service hotels. The request to clean
up this corner is for the betterment for the Town because it will allow the property to be mowed
and maintained to become a tax paying entity. The room tax revenue that this will generate will
cause the $23,000 that was just disapproved to pale. It is Cunningham’s opinion that it would
not be wise, to not approve the inclusion of this piece of property into the PD to allow this project
to get going into a mode that was already agreed to two years ago that would allow them a
service hotel.
Council member Cates commented that a former Council passed this PD and providing it complies with
the PD, the Council should not stop it. Cates feels that .9 acres is a small section of land and
would not make much of a difference in the long term.
Kerin Fleck answered Council members Edstrom that this land is not zoned for alcohol at this time, they
could come in and zone for alcohol
Patricia Adams clarified that allowing for a liquor store would require another vote.
Motion passed 3:2; with Williams, Sterling and Cates voting for and Lamont and Edstrom voting against.
Kerin Fleck advised that item Item D.2.b. is for the approval of a concept plan for Tract 5.
Mr. Cunningham advised that they are willing to invest up to five and a half million dollars in the
development of the hotel. The Hotel is expected to generate gross tax revenue of approximately
$100,000 that does not include local sales. The rooms would be sold by the week and would
provide extended stay services. Currently this corridor does not have an extended stay motel
and this area would be a good market. Miller advised that the hotel would run backgrounds on
people to be sure that they are not checking in undesirables.
Council member Cates questioned the length of stay. Mr. Miller answered that the minimum stay is one
week and that there is maximum stay, but averages three to five weeks with the client re-up
every week. There is a property manager on site 24 x 7. Cates questioned if people could move
in. Miller responded that this is not an apartment and does not have the amenities of an
apartment.
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Mayor Pro Tem Williams questioned the average cost for one weeks stay. Miller explained that there
are three different types of rooms, ranging from under 300 square feet to 320, options of one to
two beds, and estimated about $230.00 a week.
Council member Lamont acknowledged that the Value Place website has monthly rates. Miller advised
that Value Place has monthly rate, however Quanah does not plan to have monthly rates.
Council member Sterling is concerned with image and questioned if the size of all external monuments is
the same. Miller said that all have to comply with local ordinances.
Mayor Sanders pointed out that the discussion had moved away from the approval of the concept plan.
Mayor Pro Tem Williams advised that there would be a time to approve the site plan.
George Roberson, 306 Skyline Drive, Trophy Club asked if there be parking for 18-wheelers. Mayor
Sanders advised that this is not allowed under the Ordinance for overnight parking.
Motion made by Williams, seconded by Cates to approve the concept plan.
Motion to approved failed 2:3, with Williams and Cates voting for and Lamont, Edstrom and Sterling
voting against.
Mayor Sanders said that it is possible that Council just created some issues by denying and advised that
a motion to reconsider could be made by someone who voted on the prevailing side.
Mayor Sanders spoke to D.2.c and questioned if it was even relevant due to D.2.b failing. Kerin Fleck
explained the land has already been platted with the exception of the triangular piece of land
which was just passed by Council under Item D.2.a. The replat would include this section with
the rest of the land already platted.
Mayor Sanders recognized Mr. Cunningham who explained that platting is simply a measure of taking
two pieces of property that are not currently a single tax partial, making them one so that the
may be legally sold to another individual. The applicant has a tri-party agreement with Cy
Holley, Quanah and Larry Stewart.
Mayor Sanders confirmed that based on D.2.b failing, if Quanah Properties does not go forward then Mr.
Stewart probably would not close on the land. Sanders asked what would happen if the land is
re-platted but he does not own the land.
Patricia Adams stated if the application has been filed by the property owners, we allow for people to act
as agents for the property owners. If the owners meet the platting requirements, which they do,
Council has very little discretion to deny.
Brandon Emmons added that the plat would not be filed until the ownership changes.
Motion made by Williams, seconded by Cates to approve a Replat of Lots 1 and 2 in Block B of the
Trophy Wood Business Center, Applicant: David Johnston, Quanah Hospitality Partners, LP,
(RP-06-005).
Motion passed unanimously without further discussion.
Mr. Miller asked Council if there is anything that they can do to present an acceptable concept plan.
Council member Edstrom and Sterling will prepare some remarks and will provide to Quanah.
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D.3 Discuss and take appropriate action relative to a request for zone change from R-12 Single
Family Residential to CR - Commercial Recreation for an approximate 4.038 acre tract of land
located generally to the East and to the South of the Municipal Utility District Wastewater
Treatment Plant Facility, and being part of the Mary Medlin Survey, A-832, Applicant: Beck
Properties. (ZCA-06-010)
Applicant, Scott Beck addressed the Council requesting that they approve the zone change.
Motion made by Edstrom, seconded by Sterling to approve the amendments.
Mayor Pro Tem Williams questioned why Council did not approve at the last meeting. Mayor Sanders
answered that the Council had questions if this would be visible from new homes. Council
member Sterling questioned if anything else would go here. Scott Beck said that the building will
be as presented.
Mayor Sanders clarified that this is just a zoning request and that the Council will rule on masonry
requirement at there September 11th meeting.
P & Z Chairman, Gene Hill provided that P & Z unanimously approved this at their August 17th meeting
Motion passed unanimously without further discussion.
5 minutes recess, reconvened at 10:10 P.M.
D.4 Town Council to view a presentation on recommended major street reconstruction projects,
discuss and provide input regarding the appropriate action of the issuance of remaining street
bonds.
Mayor Sanders provided that staff’s recommendation is to take the remaining street bonds and authorize
the issuance of those.
Brandon Emmons added that we have used the overall condition index to rate the streets and made
recommendations on the streets that need total rehabilitation and the ones that can be fixed by
route and seal. There is 3.26 million dollars remaining from the 2000 Bond Issuance and
requested that the Council allow the staff to sell the remaining bonds and use the proceeds in a
phased project to last over 2½ to 3 years, dividing the construction over the streets identified.
Roger Unger advised that bond payment dates are always September and March. The proposed sale
date is March 5, the first interest payment in March 2008.
Mayor Sanders asked what the tax rate would be if we just sold just the 1.75. Mayor Pro Tem Williams
answered
2.43 based on our current unfrozen tax evaluation.
Council member Cates asked if we could use that ½ cent sales tax to make the bond payments.
Brandon Emmons advised that the Council could allocate in the 2007-08 for street usage or
leave it in the Street Department and then raise taxes.
Mayor Pro Tem Williams confirmed that if the bonds were sold in March 2007 the Town would have over
one year of interest. Williams complimented the school district on their bond election and the
information that they got out to the residents so that they are aware of what it will cost.
Brandon Emmons commented that we have three months to have the bond Ordinance in to make the
sale and to let the residents know.
Mayor concluded that consensus of the Council is to move forward in the street issues and to use bond
funds to accomplish. Sanders stated that the second issue is how.
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Council member Edstrom requested factual information is used and revisit the $17 million that was
originally identified was needed for repair.
Mayor Pro Tem Williams, Council member Cates and Lamont thinks that the staff should do a
presentation at a Council meeting, place pictures of the website and present at the PTO
meetings as the school.
Council member Edstrom said that it would be very instrumental if the presentations were coming from a
resident.
Mayor Sanders would like to see staff come up with several scenarios of what the tax rate would have to
be with limited growth and scenarios and alternative financing schedules.
D.5 Discuss and take appropriate action regarding the award / rejection of a proposal for banking
depository services and authorization to staff to complete contract documents for subsequent
Council approval.
Motion made by Edstrom, seconded by Sterling to award to First Financial Bank.
Motion passed unanimously without any discussion.
D.6 Discuss and take appropriate action regarding an Ordinance approving the financing of a new
police vehicle.
Motion made by Edstrom, seconded by Cates to approve the financing with BancorpSouth at 4.29%,
with an annual payment of $14,255.92, equally a total of 3 payments of $42,767.76.
Council member Edstrom commented that the item was posted for only the approval of a new police
vehicle but that the Ordinance included 10 new computers.
Motion made by Council member Sterling to refer until September 11, 2006, seconded by Mayor Pro
Tem Williams.
Motion passed unanimously without further discussion.
Motion made by Lamont, seconded by Edstrom to refer Items D.7 and D.8 until the September 18th
meeting.
Motion passed unanimously without further discussion.
D.7 Council to discuss and provide input regarding the procedures by which Council will move
forward on Vision 2010.
D.8 Discuss the procedures and provide direction for moving forward on future charter amendments
and a Charter Commission.
D.9 Discuss and take appropriate action to approve financials dated July 2006.
Motion made by Edstrom, seconded by Lamont to approve the July financials.
Motion passed unanimously without further discussion.
D.10 Discuss and take appropriate action regarding an Ordinance regulating the Town's Records
Management Program and designating a Records Management Officer.
Motion made by Edstrom, seconded by Williams to approve an Ordinance regulating the Town’s
Records Management Program and designating the office of Computer Support Specialist as the
Records Management Officer for the Town as provided in the ordinance.
Motion passed unanimously without further discussion.
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D.11 Items for Future Agenda.
9/11/06
Public Hearing: Town Council to conduct a public hearing regarding the Budget and proposed tax rate
for fiscal year October 1, 2006 to September 30, 2007.
Discuss and make appointments to the Town’s Boards and Commissions.
Long term capital project list, projected fiscal impact and surveys for resident input on potential projects.
Discussion and appropriate action for Parks and Recreation future plans for Marshall Creek]
9/18/06
Formal report by the Park Board as to their progress since being created and their plans.
Discuss and take appropriate action regarding a Resolution approving the tax roll of the Denton Central
Appraisal District for 2006.
Discuss and take appropriate action regarding an Ordinance adopting and approving the Budget for the
fiscal year beginning October 1, 2006, and ending September 30, 2007.
Discuss and take appropriate action regarding an Ordinance fixing and levying Municipal Ad Valorem
Taxes for the fiscal year beginning October 1, 2006, and ending September 30, 2007.
Discuss and take appropriate action regarding an Ordinance on Building Standards.
Discuss and take appropriate action relative to an Ordinance amending Chapter 10 entitled, "Public
Safety", Article II, entitled "Traffic and Vehicles", of the Code of Ordinances, by amending Sections 2.05
entitled, "Parking", Subsection B.
Items for Future Agendas – Dates to be Determined
Discuss and appropriate action regarding a policy for accepting gifts.
Review of Advisory Groups Committees Policies.
Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of
improvements for area to create a linear park.
Payment Agreements with Master District for municipal annex.
Discuss and take appropriate action relative to an Ordinance amending Article IV, "Sign Regulations",
Chapter 5 of the Code of Ordinances, entitled "General Land Use", by amending Sections 4.05. (relative
to political signs and quantity per commercial lot.)
Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an Ordinance
establishing the Town's Emergency Management System.
Consideration of enactment of Hotel/Motel Tax.
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.
Motion made by Edstrom, seconded by Lamont to approve the Consent Agenda, Items D.12 through
D.14.
Motion passed unanimously without further discussion.
D.12 Consent Agenda: Discuss and take appropriate action regarding an ordinance amendment to
Chapter 10, entitled "Public Safety" of the Trophy Club Code of Ordinances, by adding Article
XII, entitled "Registered Sex Offenders", prohibiting designated persons from residing within
1,000 feet of premises where children gather.
D.13 Consent Agenda: Discuss and take appropriate action regarding an Ordinance amending Article
VI, "Town Council Rules of Procedure", of Chapter 1 of the Code of Ordinances, entitled
“Administration”.
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D.14 Consent Agenda: Discuss and take appropriate action regarding an amendment to Chapter 8,
entitled "Nuisances" of the Trophy Club Code of Ordinances, by amending Sections 4.01 – 4.05
of Article IV, entitled "Abandoned and Junk Vehicles".
END OF CONSENT AGENDA
E.1 Adjourn.
Motion made by Williams, seconded by Edstrom to adjourn.
Motion passed unanimously, meeting adjourned at 10:58 P.M.
_____________________________________ ______________________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-6-2006
Subject: Agenda Item No.C.1
Hold a public hearing regarding an amendment to Ordinance No. 2002-44
amending the Cable Franchise with Charter Communications in order to
allow an automatic three year continuation of the term of the franchise
agreement.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-6-2006
Subject: Agenda Item No.D.1
Discuss and take appropriate action regarding an Ordinance amending
Ordinance No. 2002-44, the Cable Franchise Agreement with Charter
Communications, in order to allow an automatic continuation of the term
of the franchise agreement.
EXPLANATION:
The existing cable franchise with Charter Communications was approved in December,
2002, and will expire in seven years. The Term clause (Section 5) in the Franchise
provides for a mandatory extension of the Franchise if certain criteria is met. Section 5
(B) provides as follows:
“B. This Franchise shall be extended for an additional three (3) years upon a finding
by the Town Council at the end of the fourth (4th) year of the Franchise that the
Grantee is and has maintained itself in substantial material compliance with:
1. The Customer Service Requirement in Article II, Section 3;
2. The Franchise Fee requirements in Article II, Sections 7 and 8(A);
3. Records, reports, and maps as required in Article II, Section 10; and
4. The Cable System meeting all applicable technical and performance
standards of the FCC.”
Staff has found Charter Communications to be substantial material compliance with
these requirements. Compliance with the customer service requirements is verified
with a monthly operational report provided by Charter. This report provides a snap
shot of the statistics for Trophy Club at a given time during the month. A copy of the
July report is attached as an example.
If the Council finds that Charter has maintained substantial material compliance with
the Franchise requirements, then the Franchise provides for a mandatory extension of
the term for an additional 3 years beyond the 7 year period. This would mean that if
the Council finds compliance then the Franchise will expire in December, 2012. If
however, the Council does not find that substantial material compliance has been
achieved, then the Franchise will expire in December, 2009.
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Due to changes in the law, when the Charter franchise agreement expires, Charter will
obtain a statewide cable and video franchise and will be regulated by state law rather
than by the terms of a Franchise Agreement with the Town. The following is a
summary of some of the major differences between the current Town Franchise and a
Statewide Franchise:
Franchise Fee:
Current Town Franchise: The Town’s existing cable franchise provides for a
payment of 3% of gross revenues, and allows the Town the discretion to increase that
payment to a maximum of 5% during the franchise term. The existing franchise
defines Gross Revenues generally as all revenues received from the operation of the
cable system in the service area and specifically excludes: (1) any taxes, fees, or
assessments of general applicability collected by Charter from Subscriber for pass
through to a government agency; (2) unrecovered bad debt; and (3) any PEG or I-Net
amounts recovered from subscribers.
Statewide Franchise: State law requires the payment of a fee of 5% franchise of
gross revenues as that term is defined by state law. Under state law, gross revenues
generally means all consideration of any kind or nature including without limitation
cash, credits, property, and in-kind contributions (services or goods) derived by the
franchise holder from the operation of the cable service provider’s or the video service
provider’s network to provide cable or video services within a city. State law provides
for a number of exclusions which include those currently in our franchise.
Public Education and Government Access Channels:
Current Town Franchise: Under the existing Franchise Agreement, the Town is
entitled to one channel for Public Access which may be administered by the Town, 2
channels for educational access which may be administered by NISD and 1 channel
for Government Access which must be administered by the Town for non commercial
governmental programming. The Town also receives an annual grant in the amount of
$1,000 from Charter for support of the PEG channels, and under the language in the
franchise, the grants must be used to assist the Town in the acquisition of video
equipment or in the maintenance of production facilities.
Statewide Franchise: Under the statewide franchising system, the Town would be
entitled the same number of PEG channels as were active on September 1, 2005 but
no fewer than 2 channels. The 2 channel minimum is based upon the Town having a
population of less than 50,000. After expiration of the existing franchise, Charter would
be required to pay 1% of gross revenues rather than the PEG support grants as
provided in our franchise agreement. The 1% payment is in addition to the 5%
franchise fee required by state law. While PEG fees are to be spent as allowed under
federal law for financial support for public educational and governmental access
channels, unless the fees are spent for capital items for public education and
governmental access channel facilities, the PEG fees could be counted as a credit and
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included as part of the 5% franchise fee. Capital facilities would be all facilities and
equipment used to provide public, educational and governmental access channel
capacity, programming and transmissions, which would include without limitation
coaxle and fiber lines and all other physical connections, production studios, and studio
office furnishings and sets, production facilities, vans and cameras or other property
having a useful life of more than one year. Additionally, any expenditure to purchase
or which increases or adds substantial value or which adapts the PEG access channel
capital facilities to a new or different use, or which constitutes a betterment of the PEG
access channel capital facilities would be a use of the PEG funds allowed by federal
law.
Service Area:
Current Town Franchise: Currently, service area means the geographic area with
the Franchise territory having twenty-five (25) dwellings per cable mile.
Statewide Franchise: Service area is wherever providers choose to sell their
services, and the provider may determine that area block by block if it desires.
Reports:
Current Town Franchise: Currently under Article II, Section 10, the Town may
require certain reports relating to schedules of charges, policies, disconnect and
reconnect procedures, petitions, applications and communications submitted to the
FCC, SEC, or any other federal or state regulatory agency, copies of FCC technical
standards, and records of all complaints. The existing franchise allows the Town to
examine all franchise property and any and all maps and other records relevant to
Charter’s compliance with the franchise.
Statewide Franchise: The Town may not impose a requirement regarding the filing of
reports and documents with the Town if those documents are not required by state or
federal law and are not related to the use of public right-of-way. A city may request
maps and records maintained in the ordinary course of business for purposes of
locating the portions of a communications network that occupy public rights-of-ways. A
city cannot request information concerning the capacity or technical configuration of the
franchise holder. A city cannot impose a requirement to inspect records other than
those records necessary to ensure compensation as required by state law.
Local Office:
Current Town Franchise: Charter is required to maintain a payment center facility
within the Town, or adjacent community, where Subscribers may pay their bills,
address any Subscriber inquiries; receive and return cable equipment; and receive
Subscriber information on the Company and its services. Adjacent community means
the communities of Westlake, Roanoke, Marshall Creek and Southlake, Texas.
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Statewide Franchise: Cities may not require that particular business offices be
located in the city.
Customer Service Standards:
Current Town Franchise: Town has customer service standards in existing franchise
which are enforceable.
Statewide Franchise: The PUC enforces minimal customer service standards
established by the FCC.
Franchise Transfers:
Current Town Franchise: Town franchise currently prohibits the sale, trasfer, lease,
assignment or disposal of the franchise without the prior consent of the Town, and any
sale or transfer may only be done under conditions the Town establishes. The Town is
allowed to inquire into the legal, technical and financial qualifcaitons of the prospective
cable provider and Charter is required to assist in that inquiry.
Statewide Franchise: Consent to transfer or sale is not required. The cable provider
is required to provide notice to both the PUC and to the city within 14 days AFTER the
transfer.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Ordinance 2002-44
2. Ordinance 2006-
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TOWN OF TROPHY CLUB
ORDINANCE NO. 2002 - 44
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS. GRANTING TO MARCUS CABLE ASSOCIATES,
L.L.C. d/b/a CHARTER COMMUNICATIONS, IT’S
SUCCESSORS OR ASSIGNS, A NONEXCLUSIVE
FRANCHISE TO CONSTRUCT, OWN, OPERATE AND
MAINTAIN A CABLE TELEVISION SYSTEM WITHIN THE
TOWN OF TROPHY CLUB, TEXAS; PROVIDING FOR
INCORPORATION; PROVIDING DEFINITIONS;
PROVIDING A GRANT OF RIGHTS; PROVIDING A
FRANCHISE REQUIREMENTS; PROVIDING FOR LIMITS
ON A GRANTEE’S RECOURSE; PROVIDING FOR
ACCESS TO THE SYSTEM; PROVIDING FOR FEES AND
REPORTING; PROVIDING FOR APPLICATIONS AND
REQUIRED SERVICES; PROVIDING FOR FORM;
CONTENTS; PROCEDURES; FEES; PAYMENT UPON
GRANT; PROVIDING FOR REQUIRED SERVICES AND
FACILITIES TO BE INCLUDED IN FRANCHISE
AGREEMENT; PROVIDING FOR INDEMNITY AND
INSURANCE; PROVIDING FOR FEES AND PAYMENTS;
PROVIDING FOR A FRANCHISE TERM; PROVIDING
FOR TRANSFERS, OWNERSHIP AND CONTROL;
PROVIDING FOR DEFAULTS; PROVIDING FOR
REMEDIES; PROVIDING FOR PROVISION OF
INFORMATION; AND PROVIDING A GENERAL CLAUSE,
PROVIDING FOR PUBLICATION; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING
AN EFFECTIVE DATE.
THIS FRANCHISE AGREEMENT is made and entered into as of the 2nd day of
December, 2002 by and between the Town of Trophy Club, Texas, a municipal
corporation duly organized under the laws of the State of Texas (hereinafter the "Town"
or alternatively, "Grantor") and Marcus Cable Associates, L.L.C. d/b/a Charter
Communications, (hereinafter "Company" or alternatively, "Grantee"), a Texas
corporation with its principal place of business at 4800 Blue Mound Rd., Fort Worth,
Tarrant County, Texas.
WHEREAS, Company wishes to provide cable service in the Town and has
requested a renewal franchise agreement in order to do same, and
WHEREAS, the Town is authorized to grant one or more non-exclusive
franchises for the provision of cable service within the Town by means of a cable
system, and
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WHEREAS, the Town has reviewed Company’s request and has considered the
terms and conditions of the Town’s current cable franchise dated December, 2002, and
WHEREAS, the Town has determined that the granting of a nonexclusive
franchise on the terms set forth herein is in the public interest and in the interest of the
Town and its residents and will assist in meeting the cable related needs and interests
of the community, and
WHEREAS, this Ordinance is adopted by the Town of Trophy Club and the
franchise granted hereby is subject to the terms and performance conditions provided
herein:
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
ARTICLE I
GRANT OR FRANCHISE
AND GENERAL PROVISIONS
Section 1
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein
and made a part hereof for all purposes.
Section 2
DEFINITIONS
For the purpose of this Ordinance the following terms, phrases, words and their
derivations shall have the meaning given herein. When not inconsistent with the
context, words used in the present tense shall include the future, words in the plural
number shall include the singular number, and words in the singular number shall
include the plural number. The word "shall" is mandatory and "may" is permissive.
Words not defined shall be given their common and ordinary meaning.
2.1. Additional service shall mean cable television communications service
provided by the Grantee or others over its Cable System for which a special charge is
made based on program or service content, time or spectrum space usage, and shall
include all Cable Services offered by the Grantee that are not included within the
"Basic Service Tier".
2.2. Basic Service Tier shall mean those subscriber services provided by the
Grantee, pursuant to the Cable Television Consumer Protection and Competition Act of
1992, including the delivery of broadcast signals electing carriage and any public,
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educational and governmental access covered by the regular monthly charge paid by
all Subscribers, excluding optional services for which a separate charge is made.
2.3 Cable Act shall mean Title VI of the Communications Act of 1934, as
amended.
2.4 Cable Service shall mean (1) the one-way transmission to Subscribers of
(a) video programming, or (b) other programming service, and (2) Subscriber
interaction, if any, which is required for the selection or use of video programming or
other programming service.
2.5 Cable System shall mean the Grantee’s facility consisting of a set of
closed transmission paths and associated signal generation, reception, and control
equipment that is designed to provide cable service which includes video programming
and which is provided for sale to or use by the inhabitants or businesses of the Town.
2.6 Cable mile shall mean a linear mile of strand-bearing cable as measured
on the street or easement from pole to pole or pedestal to pedestal.
2.7 Class IV channel shall mean a signaling path provided by a Cable
System to transmit signals of any type from a subscriber terminal to another point in
the Cable System.
2.8 Converter means an electronic device, which converts signals to a
frequency not susceptible to interference within the television receiver of a Subscriber,
and by use of an appropriate channel selector also permits a Subscriber to receive all
signals delivered at designated converter dial locations.
2.7 FCC shall mean the Federal Communications Commission and any
legally appointed or elected successor.
2.8 Franchise shall mean the non-exclusive rights granted pursuant to this
Ordinance to construct and operate a Cable System along the public ways within all or
a specified area in the Town. Any such authorizations, in whatever form granted, shall
not mean and include any license or permit required for the privilege of transacting and
carrying on a business within the Town as required by other ordinances and laws of
this Town.
2.9 Grantee shall mean any "Person" receiving a Franchise pursuant to this
Ordinance and its lawful successor, transferee or assignee.
2.10 Gross Revenues shall mean all revenues received by the Grantee, from
the operation of the Cable System to provide Cable Services in the Service Area,
provided, however, that such phase shall not include: (1) any taxes, fees, or
assessments of general applicability collected by the Grantee from Subscriber for
pass-through to a government agency, including the FCC User Fee; (2) unrecovered
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bad debt; and, (3) any PEG or I-Net amounts recovered from Subscribers. “Gross
Revenues” shall include Grantee paying franchise fees on cable modem type services
if the FCC’s March, 2002 cable modem ruling is reversed by the FCC, is overturned by
Congress, or is subject to a final, non-appealable decision by a federal court with
jurisdiction over the FCC.
2.11 Installation shall mean the connection of the Cable System from feeder
cable to the subscribers' terminals.
2.12 Person shall mean an individual, partnership, association, organization,
corporation or any lawful successor, transferee or assignee of said individual,
partnership, association, organization or corporation.
2.13 Reasonable notice shall be written notice addressed to the Grantee at its
principal office or such other office as the Grantee has designated to the Town as the
address to which notice should be transmitted to it, which notice shall be certified and
postmarked not less than three (3) days prior to that day in which the party giving such
notice shall commence any action which requires the giving of notice. In computing
said three (3) days, Saturdays, Sundays and holidays recognized by the Town shall be
excluded.
2.14 Sale shall include any sale, exchange, barter or offer for sale.
2.15 School shall mean any school at any educational level operated within
the Town by any public, private or parochial school system, but limited to, elementary,
junior high school, and high school (K-12).
2.16 Service area shall mean the geographic area within Franchise territory
having twenty-five (25) dwellings per cable mile.
2.17 State shall mean the State of Texas.
2.18 Street shall include each of the following which have been dedicated to
the public or hereafter dedicated to the public and maintained under public authority or
by others and located within the Town limits: streets, roadways, highways, avenues,
lanes, alleys, sidewalks, easements, rights-of-way and similar public ways and
extensions and additions thereto, together with such other public property and areas
that the Town shall permit to be included within the definition of “Street” from time to
time.
2.19 Subscriber shall mean any person lawfully receiving Cable Service from
the Grantee.
2.20 Town shall mean the Town of Trophy Club, Texas, a municipal
corporation of the State of Texas.
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2.21 Town Council shall mean the Town Council for the Town of Trophy Club,
Texas.
2.22 User means a party utilizing a cable system channel for purposes of
production or transmission of material to Subscribers, as contrasted with receipt
thereof in a subscriber capacity.
Section 3
RIGHTS AND PRIVILEGES OF GRANTEE
The Franchise granted by the Town pursuant to this Ordinance shall grant to the
Grantee the right and privilege to erect, construct, operate and maintain in, upon,
along, across, above, over and under the Streets, now in existence and as may be
created or established during its terms; any poles, wires, cable, underground conduits,
manholes, and other conductors and fixtures necessary for the maintenance and
operation of a Cable System. The Grantee shall conform with all lawful requirements of
Ordinance No. 2001-13 as of its effective date.
Section 4
FRANCHISE TERRITORY
This nonexclusive Franchise relates to the Town limits as presently defined and
to any area henceforth added thereto during the term of this Franchise.
Section 5
TERM
A. The non-exclusive Franchise and the rights, privileges and authority
granted herein shall continue in force and effect for a term of seven (7) years from the
Effective Date.
B. This Franchise shall be extended for an additional three (3) years upon a
finding by the Town Council at the end of the fourth (4th) year of the Franchise that the
Grantee is and has maintained itself in substantial material compliance with:
1. The Customer Service Requirement in Article II, Section 3 ;
2. The Franchise Fee requirements in Article II, Sections 7 and 8(A);
3. Records, reports, and maps as required in Article II, Section 10;
and
4. The Cable System meeting all applicable technical and
performance standards of the FCC.
Section 6
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FRANCHISE REQUIREMENTS FOR OTHER FRANCHISE HOLDERS
A. In the event that Town grants one (1) or more franchise(s) or similar
authorization, for the construction, operation and maintenance of any communication
facility which shall offer services substantially equivalent to services offered by the
Cable System, it shall not make the grant on more favorable or less burdensome
terms. If said other franchise(s) contain provisions imposing lesser obligations on the
company(s) thereof than are imposed by the provisions of this Franchise, Grantee may
petition the Town for a modification of this Franchise. The Grantee shall be entitled,
with respect to said lesser obligations to such modification(s) of this Franchise as may
be determined to be necessary to insure fair and equal treatment by this Franchise and
said other agreements.
B. In the event that a non-franchised multichannel video programming
distributor provides service to the residents of the Town, the Grantee shall have a right
to request Franchise amendments that relieve the Grantee of regulatory burdens that
create a competitive disadvantage to the Grantee.
C. The Town shall not unreasonably withhold granting the Grantee’s
petition and so amending the Franchise.
Section 7
FRANCHISE RENEWAL
This Franchise may be renewed by the Town upon application of the Grantee
pursuant to Section 626 of the Cable Act.
Section 8
POLICE POWERS
In accepting this Franchise, the Grantee acknowledges that its rights hereunder
are subject to the police power of the Town to adopt and enforce general ordinances
necessary to the safety and welfare of the public; and it agrees to comply with all
applicable general laws and ordinances enacted by the Town pursuant to such police
power. Subject to the Town’s lawful police powers, the Town may not, by ordinances or
otherwise, alter any of the Grantee’s material rights, benefits, obligations or duties as
specified in this Franchise.
Section 9
CABLE SYSTEM FRANCHISE REQUIRED, EXCLUSIVE CONTRACTS
PROHIBITED.
A. No Cable System shall be allowed to occupy or use the Streets or public
right of way of the Town or be allowed to operate without a Franchise to provide Cable
Service. No Grantee or other multichannel video programming distributor shall enter
into or enforce an exclusive contract for the provision of Cable Service or other
multichannel video programming with any Person, or demand the exclusive right to
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serve a Person or location, as a condition of extending service to that or any other
Person or location.
C. No Grantee or other multichannel video programming distributor shall engage in
acts that have the purpose or effect of limiting competition for the provision of Cable
Service or services similar to Cable Service in the Town, except for such actions as are
expressly authorized by law.
Section 10
USE OF COMPANY FACILITIES
The Town shall have the right, during the life of this Franchise, to install and maintain
free of charge upon the poles owned by the Grantee any wire and pole fixtures that do
not unreasonably interfere with the operations of the Grantee’s Cable System.
Section 11
NOTICES
Any notices to be sent to the parties shall be sent by certified mail to the following
addresses unless either party notifies the other in writing of another address:
To the Town:
Town of Trophy Club
Attn: Mayor
100 Municipal Drive
Trophy Club, Texas 76262
To the Grantee:
Charter Communications
Attn: Vice President of Operations
4800 Blue Mound Road
Fort Worth, Texas 76106
With Copy To:
Charter Communications
Vice President – Government Relations
12405 Powerscourt Drive
St. Louis, Missouri 63131
Section 12
INDEMNIFICATION AND INSURANCE
A. Disclaimer of Liability
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The Town shall not at any time be liable for injury or damage occurring to any
person or property arising out of the Grantee’s negligence or alledged negligence of
Grantee in the construction, maintenance, repair, use, operation, condition or
dismantling of Grantee’s Cable System or Grantee’s provision of Cable Service.
B. Indemnification
Grantee shall, at its sole cost and expense indemnify and hold harmless the
Town and all associated, affiliated, allied and subsidiary entities of the Town, now
existingor hereaftercreated, and their respective officers, boards, commissions, agents,
and employees (herinafter referred to as “Indemnitees”), from and against: Any and all
liability, obligation, damages, penalties, claims, liens, costs, charges, losses and
expenses (including, without limitation, reasonable fees and expenses of attorneys),
whether legal or equitable, which may be imposed upon, incurred by or be asserted
against the Indemnitees by reason of any act or omission of Grantee, its personnel,
employees, agents, contractors, subcontractors or affiliates, which may arise out of or
be in any way connected with the construction, installation, operation, maintenance or
condition of the Cable System or other Grantee property (including those arising from
any matter contained in or resulting from the transmission of signals over the Cable
System and including any claim or lien arising out of work, labor, materials or supplies
provided or supplied to Grantee, its contractors or subcontractors) and the provision of
Cable Service or other services.
Any claim asserted or liability imposed upon the Indemnitees for personnel
injury or property
damage to any person arising out of the Grantee’s installation, operation, or
maintenance of the Cable System.
C. Defense of Indemnitees
In the event any action or proceeding shall be brought against the Indemnitees
by reason of any manner for which the Indemnitees are indemnified hereunder, the
Grantee shall upon notice from any of the Indemnitees, at Grantee’s sole cost and
expense, resist and defend the same with legal counsel approved by the Town;
provided, however, that Grantee shall not admit liability in any matter on behalf of the
Indemnitees without the written consent of the Town.
D. Notice, Cooperation and Expenses
The Town shall provide Grantee with prompt notice of the making of any claim
or the commencement of any action, suit or other proceeding covered by the provisions
of this Section. Nothing herein shall be deemed to prevent the Town from cooperating
with the Grantee and participating in the defense of any litigation by the Town’s own
counsel.
E. Insurance
The Grantee shall maintain throughout the term of the Franchise insurance in
amounts at least as follows:Workers’ Compensation. Workers’ Compensation and
employer’s liability insurance within statutory limits, and which meets all requirements
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of any applicable State workers’ compensation or comparable laws, as well as any
applicable Federal insurance of a similar nature. Commercial General Liability.
Comprehensive general liability insurance with minimum limits of Five Million Dollars
($5,000,000) as the combined single limit for each occurrence of bodily injury and
property damage. The policy shall provide blanket contractual liability insurance for all
written contracts, and shall include coverage for: products and completed operations
liability; independent contractor’s liability; railroad protection coverage and coverage for
property damage from perils of explosion, collapse or damage to underground utilities,
commonly known as XCU coverage.
Comprehensive Public Liability. Comprehensive public liability insurance in the
amount not less than One Million Dollars ($1,000,000) per occurrence with a Five
Million Dollar ($5,000,000) umbrella policy. The insurance shall indemnify, defend, and
hold harmless the Grantee and the Town and the respective officers, boards,
commissions, agents, and employees of each from any and all claims made by any
person on account of injury to, or death of a person or persons caused by the
operations of the Grantee under this Franchise, alleged to have been so caused or
alleged to have occurred.
Comprehensive Automobile Liability. Comprehensive automobile liability
insurance in an amount not less than Two Million Dollars ($2,000,000) per occurrence
with a Five Million Dollar ($5,000,000) umbrella policy. The insurance shall indemnify,
defend and hold harmless the Grantee and the Town and the respective officers,
boards, commissions, employees and agents of each from any and all claims made by
any person on account of collision, personal injury or property damage caused by use
of any owned, hired, or non-owned motor vehicles used in conjunction with the rights
herin granted or alleged to have been so caused or alleged to have occurred.
F. Additional Insured
The Town shall be added as an additional insured to the above Commercial
General Liability, Comprehensive Public Liability, Auto Liability and Umbrella Liability
insurance coverage. The Grantee shall furnish the Town with current certificates of
insurance evidencing such coverage. All insurance policies (other than workers’
Compensation and employer’s liability insurance) shall be written on an occurrence
basis not on a claims made basis.
G. Deductible
The Grantee shall indemnify and save harmelsss the Town from and against
the payment of any deductible and from the payment of any premium on any insurance
policy required to be furnished hereunder. Grantee’s insurance policies may have
deductibles but no retainages.
H. Cancellation or Change
The insurance policies called for herein shall require thirty (30) days written
notice to the
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Town and Grantee of any cancellation or change in the amount of coverage. The
Grantee shall in the event of any cancellation notice, obtain, maintain, pay all
premiums for, and file with the Town written evidence of payment of premiums for an
appropriate replacement insurance policies so canceled within thirty (30) days following
receipt by Town or Grantee of notice of cancellation.
I. Drop Down Coverage
The coverage amounts set forth may be met by a combination of underlying
(primary) and umbrella policies so long as in combination the limits equal or exceed
those stated. If more than one insurance policy is purchased to provide the coverage
amounts set forth above, then all policies providing coverage limits excess to the
primary policy shall provide drop down coverage to the first dollar of coverage and
other contractual obligations of the primary policy, should the primary policy carrier not
be able to perform any of its contractual obligations or not be collectible for any of its
coverages for any reason during the Term, or (when longer) for as long as coverage
could have been available pursuant to the terms and conditions of the primary policy.
J. Qualified Carriers
All insurance shall be effected under valid and enforceable policies insured by
insurance carriers licensed to do business in the State of Texas or by surplus line
carriers on the State Insurance Commissioner’s approved list of companies qualified to
do business in the State. All insurance and surplus line carriers shall be rated A or
better by A.M. Best Company.
K. Insurance Primary
Grantee’s insurance coverage shall be primary insurance with respect to the
Town, its officers, agents, employees, elected and appointed officials, departments,
boards, and commissions (collectively “them”). Any insurance or self-insurance
maintained by any of them shall be in excess of Company’s insurance and shall not
contribute to it (where “insurance or self-insurance maintained by any of them” includes
any contract or agreement providing any type of indemnification or defense obligation
provided to, or for the benefit of them, from any source, and includes any self-
insurance program or policy, or self-insured retention or deductible by, for or on behalf
of them).
Section 13
PERFORMANCE GUARANTEES AND REMEDIES
A. Security Fund
Within thirty (30) days after the effective day of the Franchise, the Grantee shall
file and
maintain with the Town Manager an irrevocable letter of credit with a surety acceptable
to the Town in the amount of fifteen thousand dollars ($15,000.00). The letter of credit
will be used to insure the Grantee’s compliance with the terms and conditions of this
Franchise.
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2. The Grantee shall agree to structure the letter of credit in a manner so that
if the Town
draws upon the letter of credit and reduces the amount of available credit below ten
thousand dollars ($10,000.00), the Grantee shall replenish the letter of credit to fifteen
thousand dollars ($15,000.00) within five (5) business days.
3. The letter of credit shall be retained by the Town and returned to the
Grantee at the expiration of the Franchise if there is no outstanding default, unpaid
franchise fees, taxes or debts due the Town on the part of the Grantee or Grantee’s
creditors.
B. Performance Bond
Prior to any Cable System construction, upgrade or other such work, the
Grantee shall
establish a performance bond to ensure the Grantee’s faithful performance of the
construction, upgrade or other work. The amount of such performance bond shall be
equal to three percent (3%) of the total cost of the work.
In the event the Grantee fails to complete the Cable System construction,
upgrade, or other work in a safe and competent manner, after written notice and an
opportunity to cure, there shall be recoverable from the principal any damage or loss
suffered by the Town as a result of cost of removal or abandonment of any property of
the Grantee, or the cost of completing or repairing the Cable System construction,
upgrade, or other work, plus a reasonable allowance for Attorney’s fees, up to the full
amount of the bond. Upon completion of the System construction, upgrade or other
such work and payment of all construction obligations of the Cable System to the
satisfaction of the Town Council, the Town Council shall eliminate the bond after a time
appropriate to determine whether the work performed was satisfactory.
Section 14
RIGHTS OF INDIVIDUALS
A. Grantee shall not deny service, deny access, or otherwise discriminate
against subscribers, channel users, or general citizens on the basis of race, color,
religion, national origin, age or sex. Grantee shall comply at all times with all other
applicable federal, State, local laws and regulations as well as all executive and
administrative orders relating to nondiscrimination, which are hereby incorporated and
made part of this Ordinance by reference.
B. Grantee shall strictly adhere to the equal employment opportunity
requirements of the FCC, State and local regulations, as amended from time to time.
C. The Grantee, or any of its agents or employees, shall not, without the
specific written authorization of the Subscriber involved, sell, or otherwise make
available to any party any lists which identifies the viewing habits of individual
Subscribers.
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D. The Cable System of the Grantee shall be operated in a manner
consistent with the principle of fairness and equal accessibility to all citizens.
E. Grantee shall establish rates that are nondiscriminatory within the same
general class of subscribers which must be applied fairly and uniformly to all
subscribers in the Service Area for all services. Nothing contained herein shall prohibit
the Grantee from offering (i) discounts to commercial and multiple family dwelling
subscribers billed on a bulk basis; (ii) promotional discounts; or (iii) reduced installation
rates for subscribers who have multiple services.
Section 15
PUBLIC NOTICE
Minimum public notice of any public meeting relating to this Franchise shall be in
accordance with appropriate State law. The public notice shall also be posted at the
Town Hall, and by character generated announcement on the Government Access
channel, once the channel is activated and administered by the Town.
Section 16
SEVERABILITY
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance
is, for any reason, held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portions of this
Ordinance.
ARTICLE II
CABLE SYSTEM EXTENSION, OPERATION,
STANDARDS AND PROCEDURES
Section 1
SERVICE AVAILABILITY
The Grantee shall provide Cable Service throughout the entire Franchise area
pursuant to the provisions of this Franchise and shall keep a record of all service
extended by the Grantee. This record shall be available for inspection by the Town at
the local office of the Grantee during Normal Business Hours.
1.1 Line Extensions
1. In all areas of the Franchise territory, the Grantee shall be required to extend
its Cable System pursuant to the following requirements:
a. Grantee must extend and make Cable Service available to every dwelling
unit in all unserved, developing areas having at least twenty-five (25) dwelling units
per cable mile as measured from the existing Cable System, and shall extend its Cable
System simultaneously with the installation of utility lines.
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b. Grantee must extend and make Cable Service available to any isolated
resident
requesting connection at the standard connection charge, if the connection to the
isolated resident would require no more than a standard one hundred and fifty (150)
foot aerial drop line.
2. In areas not meeting the requirement for mandatory extension of service,
Grantee shall provide, upon the written request of a potential Subscriber desiring
service, an estimate of the costs required to extend Cable Service to said Subscriber.
Grantee may require advance payment or assurance of payment satisfactory to
Grantee. The amount paid by Subscribers for early extension shall be nonrefundable,
and in the
event the area subsequently reaches the density required for mandatory extension,
such payments shall be treated as consideration for early extension.
3. In cases of new construction or property development where utilities are
to be placed underground, the developer or property owner shall give Grantee at least
thirty (30) days prior notice of such construction or development, and of the particular
date on which open trenching will be available for Grantee's installation of conduit,
pedestals and/or vaults, and laterals to be provided at Grantee's expense. Grantee
shall also provide specifications as needed for trenching.
4. Costs of trenching and easements required to bring service to the
development shall be borne by the developer or property owner; except that if Grantee
fails to install its conduit, pedestals and/or vaults, and laterals within five (5) working
days of the date the trenches are available, as designated in the notice given by the
developer or property owner, then should the trenches be closed after the five-day
period, the cost of new trenching is to be borne by Grantee.
1.2. Special Agreements
Nothing herein shall be construed to prevent Grantee from serving areas not covered
under this Section upon agreement with developers, property owners, or residents.
Section 2
CONSTRUCTION AND TECHNICAL STANDARDS
A. Construction Standard
1. Compliance with Safety Codes
All construction practices shall be in accordance with all applicable sections of
the Occupational Safety and Health Act of 1970 and any amendments thereto as well
as all State and local codes where applicable.
2. Compliance with Electrical Codes
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All installation of electronic equipment and wires shall be of a permanent nature,
durable and installed in accordance with the provisions of the National Electric Safety
Code as amended.
3. Antennas and Towers
Antenna supporting structures (towers) shall be designed for the proper loading zone
as specified in Electronics Industry Association's R.S.-22A Specifications.
4. Compliance with Aviation Requirements
Antenna supporting structures (tower) shall be painted, lighted, erected and maintained
in accordance with all applicable rules and regulations of the Federal Aviation
Administration and all other applicable State or local codes and regulations.
5. Construction Standards and Requirements
All of the Grantee's plant and equipment, including but not limited to the antenna site,
head-end and distribution system, towers, house connections, structures, poles, wire,
cable, coaxial cable, fixtures and appurtenances shall be installed, located, erected,
constructed, reconstructed, replaced, removed, repaired, maintained and operated in
accordance with good engineering practices, performed by experienced maintenance
and construction personnel so as not to endanger or interfere with improvements the
municipality may deem proper to make, or to interfere in any manner with the rights of
any property owner, or to unnecessarily hinder or obstruct pedestrian or vehicular
traffic on municipal properties.
6. Work Performed By Others
The Grantee shall make available to the Town the names and addresses of any
Person,
other than the Grantee, which performs services pursuant to this Ordinance; provided,
however, that all provisions of this Ordinance remain the responsibility of the Grantee.
All provisions of this Ordinance shall apply to any subcontractor or others performing
any work or services pursuantto the provisions of this Ordinance on behalf of the
Grantee.
7. Safety, Nuisance, Requirements
The Grantee shall at all times employ ordinary care and shall install and maintain in
use commonly accepted methods and devices preventing failures and accidents which
are likely to cause damage.
B. Network Technical Requirements
The Cable System shall be operated so as to meet or exceed all technical
standards of the FCC.
C. Performance Monitoring
Test procedures used in verification of the performance criteria set forth herein, if not
as set
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forth in paragraph 76.609, Subpart K of the FCC Rules and Regulations, shall be in
accordance with good engineering practice and shall be fully described in an
attachment to the annual certificate filed with the Town. Within thirty (30) days after the
annual certificate is filed, Grantee shall make a written report and presentation to the
Town Council. The Grantee shall use best efforts to submit materials and develop a
presentation to the Town Council that is understandable to any lay person.
To the extent that the report of measurements as required above may be combined
with any
reports of measurements required by the FCC or other regulatory agencies, the Town
shall accept such combined reports, provided that all standards and measurements
herein or hereafter established by the Town are satisfied.
3. The Town may require additional tests, full or partial repeat tests, different test
procedures, or test involving a specific subscriber's terminal. Requests for such
additional tests will be made on the basis of complaints received or other evidence
indicating an unresolved controversy or significant non-compliance, and such tests will
be limited to the particular matter in controversy. The Town will endeavor to so arrange
its requests for such special tests so as to minimize hardship or inconvenience to
Grantee.
D. Street Occupancy
Grantee shall utilize existing poles, conduits and other facilities whenever possible, and
shall not construct or install any new, different, or additional poles, conduits, or other
facilities whether on public property or on privately-owned property until the written
approval of the Town is obtained, which approval shall not be unreasonably withheld.
However, no location of any pole or wire holding structure of the Grantee shall be a
vested interest and such poles or structures shall be removed or modified by the
Grantee at its own expense whenever the Town reasonably determines that the public
convenience would be enhanced thereby. The costs for such removal or modification
shall be paid by Grantee if all other users of the Streets are also required to pay such
costs for their facilities.
2. The facilities of the Grantee shall be installed underground in those areas
of the Town where existing telephone and electric services are both underground at the
time of system construction. In areas where either telephone or electric utility facilities
are installed aerially at the time of system construction, the Grantee may install its
facilities aerially with the understanding that at such time as the existing aerial facilities
are required to be placed underground by the Town, the Grantee shall likewise place
its facilities underground.
3. A Grantee shall notify the Town at least ten (10) days prior to the intention
of the Grantee to commence any construction in any streets. The Town shall cooperate
with the Grantee in granting any permits required, providing such grant and
subsequent construction by the Grantee shall not unduly interfere with the use of such
streets and that proposed construction shall be done in accordance with the pertinent
provisions of the ordinances of the Town.
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4. All transmission lines, equipment and structures shall be so installed and
located as to cause minimum interference with the rights and reasonable convenience
of property owners and at all times, shall be kept and maintained in a safe, adequate
and substantial condition, and in good order and repair. The Grantee shall, at all times,
employ ordinary care and shall install and maintain in use commonly accepted
methods and devices for preventing failures and accidents which are likely to cause
damage, injuries, or nuisances to the public. Suitable barricades, flags, lights, flares or
other devices shall be used at such times and places as are reasonably required for
the safety of all members of the public. Any poles or other fixtures placed in any public
way the Grantee shall be placed in such a manner as not to interfere with the usual
travel on such public way.
5. Grantee shall, at its own expense and in a manner approved by the Town,
restore to the Town reasonable standards any damage or disturbance caused to the
Streets as a result of its operations or construction on its behalf.
Whenever, in case of fire or other disaster, it becomes necessary in the
judgment of the
Chief of the Fire Department or Chief of the Police Department to remove any of the
Grantee's facilities, no charge shall be made by the Grantee against the Town for
restoration and repair, unless such acts amount to gross negligence by the Town.
Grantee or its designee shall have the authority to trim trees on public property
at its own
expense as may be necessary to protect its wires and facilities, subject to the
supervision and direction of the Town. Trimming of trees on private property shall
require written consent of the property owner.
The Grantee, at its expense, shall protect, support, temporarily disconnect,
relocate, or
remove any property of Grantee when, in the opinion of the Town the same is required
by reason of traffic conditions, public safety, street vacation, freeway or street
construction, change or establishment of street grade, installation of sewers, drains,
water pipes, power line, signal line, transportation facilities, tracks, or any other types
of structure or improvements by governmental agencies whether acting in a
governmental or a proprietary capacity, or any other structure or public improvement,
including but not limited to movement of buildings, urban renewal and redevelopment,
and any general program under which the Town shall undertake to cause all such
properties to be located beneath the surface of the ground. The Grantee shall in all
cases have the privilege, subject to the corresponding obligations, to abandon any
property of Grantee in place. Nothing hereunder shall be deemed a taking of the
property of Grantee and Grantee shall be entitled to no surcharge by reason of
anything hereunder. In the event that any funds are available from third parties to offset
the cost of moving said lines, Grantee shall have the opportunity to access said funds
for the moving of said lines.
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9. Upon failure of Grantee to commence, pursue or complete any work
required by law or by the provisions of this Ordinance to be done in any Street, within
the time prescribed and to the reasonable satisfaction of the Town, the Town may, at
its option, cause such work to be done and the Grantee shall pay to the Town the cost
thereof in the itemized amounts reported by the Town to Grantee within sixty (60) days
after receipt of such itemized report.
10. The Grantee shall make no paving cuts or curb cuts unless absolutely
necessary, but only after written permission has been given by the Town.
The Grantee shall install in conduit all cable passing under any major roadway.
E. Emergency Alert System
The Grantee shall provide an Emergency Alert System (“EAS”) in a manner
consistent with the rules and regulations as established by the FCC. Such use by the
Town shall be in a manner consistent with any State and/or regional emergency alert
system plans adopted in response to the FCC’s EAS rules. The Town and Grantee will
agree on the procedures for the Town to follow to expeditiously use the EAS in the
event of an emergency.The Town shall permit only appropriately trained and
authorized persons to operate the EAS equipment and shall take reasonable
precautions to prevent any use of the Grantee’s Cable System in any manner that
results in inappropriate use thereof, or any loss or damage to the Cable System.
Except to the extent
expressly prohibited by law, the Town shall hold the Grantee, its employees, officers
and assigns harmless from any claims arising out of the EAS, including, but not limited
to, reasonable attorneys’ fees and costs.
Section 3
CUSTOMER SERVICE STANDARDS AND CONSUMER PROTECTION
A. Customer Service Obligations
The Grantee shall comply with the Customer Service Standards set forth in Sections
76.309, 76.1602, 76.1603 and 76.1619 of the FCC’s Rules and Regulations, as such
may be amended from time to time. The Grantee shall also meet other specific
provisions of customer service and consumer protection as set forth in this Section.
B. Definitions
“Complaints” shall mean a notice of dissatisfaction by a Subscriber or resident, made
either through verbal or written communication to the Grantee or Town. Informational
inquiries shall not be counted as compaints, unless the Subscriber or resident was
unable to reach the Grantee to get the information, nor shall request for specific
channels or programming be counted as a complaint. The Town shall use its best
efforts to inform Subscribers and residents that cable problems should first be
addressed with the Grantee prior to filing a complaint with the Town.
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1. “Normal Business Hours” shall have the same meaning as
defined under 47 C.F.R Section 76.309 of the FCC Rules and
Regulations.
2. “Normal Operating Conditions” shall have the same meaning as
defined under 47 C.F.R. Section 76.309 of the FCC Rules and
Regulations.
3. “Outages” shall mean the loss of all video or audio to five (5) or
more subscribers along the same trunk or feeder line.
4. “Service Interruption” shall have the same meaning as defined
under 47 C.F.R. Section 76.309 of the FCC Rules and
Regulations.
C. Notification
1. The Grantee shall furnish each Subscriber: a) at the time that
Cable Service is installed;
b) annually; and, c) at any time upon request, written information as
required under Section 76.309 (c)(3)(i)(A) of the FCC Rules and
Regulations. The Grantee shall also provide noticfication to Subscribers
of:
a. the name, address and phone number of the Town Manager or
designated employee to address issues related to the service
provided by the Grantee or complaints;
b. applicable privacy requirements as set forth in the Franchise or
provided by applicable law;
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c. the availability of programming lockout devices; and
d. refund and credit procedures.
2. Grantee shall provide all Subscribers and the Town at least
thirty (30) days prior notice of any rate increases, channel lineup or other substantive
service changes if the changes are in the control of the Grantee. Such notice shall be
in writing and by announcement on the Cable System.
D. Telephone Service Standards
1. Grantee shall establish a publicly listed local toll-free telephone
number available to Subscribers twenty-four (24) hours per
day, seven (7) days per week. The number shall be listed in the
local telephone directory.
2. Trained Company Representatives shall be available to
respond to Subscriber telephone inquiries or complaints
twenty-four (24) hours per day, seven (7) days per week.
“Trained Company Representatives” shall mean employees of
the Grantee who have the authority and capability as Customer
Service Representatives to assist a Subscriber regarding billing
inquiries, adjusting bills as allowed under the Grantee’s
operational policies, and schedule service and standard
installation calls.
3. Under Normal Operating Conditions, telephone answer time by
a Trained Company Representative shall meet the standards
as set forth under Section 76.309 (c)(1)(ii) and Section 76.309
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(c)(1)(iv) of the FCC Rules and Regulations. These standards
will be measured daily, averaged quarterly and reported by the
Grantee to the Town on six (6) month basis.
E. Facility
The Grantee shall maintain a payment center facility within the Town, or
adjacent community, where Subscribers during Normal Business Hours may pay their
bills; address, at the site, any Subscriber inquiries; receive and return cable equipment;
and, receive Subscriber information on the Company and its services. The payment
center facility shall not, however, function as a customer service call center. “Adjacent
community” shall mean the communities of Westlake, Roanoke, Marshall Creek and
Southlake, Texas.
F. Standard Installations
“Standard Installations” are those that are located up to one hundred fifty (150)
feet from the existing distribution plant.
G. Installation/Service Calls
The following shall apply to Subscribers (new or current) requesting
installation or service.
1. Installation and service call “appointment window” hours shall be at a
minimum during Normal Business Hours. The Grantee shall provide
specific “appointment window” hours to the Town within thirty days
after the effective date of this Franchise. Any changes in the
“appointment window” hours by the Grantee must first be submitted to
the Town in writing, and at least thirty (30) days prior to the effective
change.
2. “Appointment window” alternatives for installation and service calls
shall be (a) At a specific time; (b) four-hour time blocks during Normal
Business Hours; or (c) periods outside Normal Business Hours for the
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express convience of the Subscriber that are mutually agreed upon
between the Subscriber and the Grantee.
3. The Grantee shall not cancel an appointment with a Subscriber after 5
PM on the business day prior to the scheduled appointment.
4. If the Grantee’s technician is running late for an appointment with the
Subscriber and will be unable to keep the appointment as scheduled,
the Subscriber shall be promptly contacted and the appointment shall
be rescheduled at a time convenient for the Subscriber.
5. In the event access to the Subscriber’s premises is not made
available to Grantee’s technician when the technician arrives during
the established “appointment window”, the technician shall leave
written notification (such as a door hanger) stating the time of arrival
and a phone number the Subscriber can call to establish a new
appointment.
6. If the Grantee’s technician or service representative telephones the
Subscriber during or prior to the appointment window and is advised
that the Grantee’s technician will not be given access to the
Subscriber’s premises , then the technician is not obligated to leave
written notification referred to above, and the Grantee shall be
deemed to have responded to the service or installation request.
7. Grantee’s technician or service representative shall take adequate
time on each service call to address or correct the problem(s) in
question.
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8. In the event the Subscriber experiences a missed appointment due to
the fault of the Grantee, the Subscriber shall receive installation free
of charge, if the appointment was for installation. If an installation was
to have been provided free of charge, or for other appointments, the
Subscriber shall receive a twenty dollar ($20.00) credit.
9. Under Normal Operating Conditions, all installation and service call
criteria, as established under Section 76.309 (c)(2) of the FCC Rules
and Regulations shall be met no less than 95% of the time, which
shall be measured daily, averaged quarterly and reported by the
Grantee to the Town on a six (6) month basis.
10. During maintenance and installation work and outage repair, the
Grantee shall use best efforts to notify residences prior to entering the
private property.
11. All service personnel of the Grantee, its contractors and
subcontractors, whose duties are with the general public will wear on
their clothing a clearly visible identification card bearing their name
and photograph. In addition, all service vehicles of the Grantee shall
be clearly identified to the public.
H. Service Interruptions
1. Under Normal Operating Conditions, the Grantee shall begin working
on Subscriber problems involving impairment or degradation of the
signal quality (other than a Service Interruption) promptly and in no
event later than the next business day after the problem becomes
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known to the Grantee. The Grantee shall meet this requirement 95%
of the time, which shall be measured daily, averaged quarterly and
reported by the Grantee to the Town on a six (6) month basis.
2. On request, the account of any Subscriber shall be credited a
prorated share of the monthly charge of service if said Subscriber is
without service or if service is substantially impaired for any reason for
a period exceeding four (4) hours during any twenty-four (24) hour
period, except where it can be documented that a Subscriber seeks a
refund for an outage or impairment which that Subscriber caused, or
in the case of a planned outage occurring between the hours of 12
AM to 6AM of which the Town received prior notification.
I. Billing
1. Billing statements must be clear, concise and understandable, must
itemize each category of service and equipment provided to the
Subscriber and must state clearly the change thereof. It must comport
with applicable law.
2. Each bill shall prominently display the Grantee’s local and/or toll-free
telephone number available for use by Subscribers.
3. The Grantee’s billing statement must show a specific due date.
4. Grantee shall respond to all written billing inquiries from Subscribers
within thirty (30) days.
5. Grantee shall provide all individual residential Subscribers with the
option of paying for Cable Services by cash, check, bank draft, or
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credit card. Such payment options, however, shall be provided under
the Grantee’s operational policies.
J. Refunds And Credits
1. Refund checks to Subscribers shall be issued no later than (a) the
Subscriber’s next billing cycle following resolution of the refund
request; or (b) the date of return of all equipment to Grantee, if service
has been terminated.
2. Credits for service shall be issued no later than the Subscriber’s next
billing cycle after the determination that the credit is warranted.
K. Late Payment For Cable Service
1. Any balance not received from a Subscriber within fifteen (15) days
after the due date may be assessed a reasonable processing fee for late
payment.
2. The Grantee’s billing statement regarding late fees must comport with
applicable State or federal law.
L. Disconnection
1. A Subscriber may terminate service at anytime.
2. The Grantee shall disconnect or downgrade any Subscriber who so
requests by giving at least one (1) day notice and reasonably
cooperating with the Grantee regarding the removal of the Grantee’s
equipment from the Subscriber’s location. No charge may be imposed
for any voluntary disconnection, and downgrade charges must comply
with the requirements of federal law.
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3. If the Subscriber fails to pay a monthly Subscriber bill or other fee or
charge, a Grantee may disconnect the Subscriber’s service outlet;
however, such disconnection shall not be effective until after thirty
(30) days from the due date. If the Subscriber pays all the amounts
due, including late charges, before the date scheduled for
disconnection, the Grantee shall not disconnect service. After
disconnection, upon payment by the Subscriber in full of all fees or
charges due, including the payment of the reconnection charge, if
any, and any reasonable security deposit, the Grantee shall promptly
reinstate service on request.
4. The Grantee may immediately disconnect a Subscriber if the
Subscriber is damaging or destroying the Grantee’s Cable System or
equipment. After disconnection, the Grantee shall restore Cable
Service after the Subscriber provides adequate assurances that it has
ceased the practices that led to the disconnection, and paid all proper
fees and charges, including any reconnection fees and amounts owed
the Grantee for damages to its Cable System or equipment and any
reasonable security deposit.
5. The Grantee may also disconnect a Subscriber that causes signal
leakage in excess of federal limits. It may do so without notice,
provided that the Grantee shall immediately notify the Subscriber of
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the problem, and, once the problem is corrected, reconnect the
Subscriber.
M. Enforcement Provisions
1. The Town may assess the following liquidated damages against the
Grantee for violation of customer service standards and reports under
subsections [(D)(3), (G)(9), and (H)(1)] of this Section, as measured
and reported by the Grantee in a six month period. All reports will be
submitted by the Grantee by the twentieth (20th) of the month
following the end of the six month period.
2. The Grantee will be deemed in compliance if: (a) each criterion has
been met or exceeded as averaged during the six month period; or,
(b) if each criterion has been met or exceeded during four (4)
consecutive months within the six month period.
3. Should the Grantee fail to meet compliance mentioned above, The
Town shall immediately notify the Grantee in writing and specify the
basis for the finding. A thirty (30) day cure period shall be provided to
the Grantee. If the Grantee continues to fail to meet these established
criteria within the thirty (30) day period, the Town may proceed with
enforcement provisions.
a. First non-compliance with a given standard – $.25 per Subscriber.
b. Second non-compliance with a given standard in either one or any
two in any two, consecutive six month periods – $1.00 per
Subscriber.
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c. Third or subsequent non-compliance with a given standard in
either one or within three or more consecutive six month periods -
$2.00 per Subscriber.
4. The Town may not collect both liquidated damages and actual
damages for the same violation.
Section 4
RATES
To the extent that Federal or State law or regulation may now, or as the same
may hereafter be amended to authorize the Town to regulate the rates for any
particular service tiers, service packages, equipment, or any other services provided by
Grantee, the Town shall have the right to exercise rate regulation to the full extent
authorized by law, or to refrain from exercising such regulation for any period of time,
at the sole discretion of the Town. If and when exercising rate regulation, the Town
shall abide by the terms and conditions set forth by the FCC.
Section 5
CONTINUITY OF SERVICE
A. It shall be the right of all Subscribers to continue receiving Cable
Service insofar as their financial and other obligations to the Grantee are honored. In
the event that the Grantee elects to overbuild, rebuild, modify, or sell the Cable
System, or the Town gives notice of intent to terminate or fails to renew this Franchise,
the Grantee shall act so as to ensure that all Subscribers receive continuous,
uninterrupted service unless circumstances are beyond the control of the Grantee,
unforeseen circumstances, or acts of God.
B. In the event of a change of Grantee, or in the event a new operator
acquires the Cable System, the Grantee shall cooperate with the Town, new Grantee
or operator in maintaining continuity of service to all Subscribers. During such period,
Grantee shall be entitled to the revenues for any period during which it operates the
Cable System.
C. In the event Grantee fails to operate the Cable System for seven (7)
consecutive days without prior approval of the Town or without just
cause, the Town may, at its option, operate the Cable System or
designate an operator until such time as Grantee restores service under
conditions acceptable to the Town or a permanent operator is selected.
If the Town is required to fulfill this obligation for the Grantee, the
Grantee shall reimburse the Town for all reasonable costs or damages
in excess of revenues from the Cable System received by the Town that
are the result of the Grantee's failure to perform.
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Section 6
GRANTEE RULES AND REGULATIONS
The Grantee shall have the authority to promulgate such rules, regulations,
terms and conditions governing the conduct of its business as shall be reasonably
necessary to enable the Grantee to exercise its rights and perform its obligations under
this Franchise, and to assure an uninterrupted service to each and all of its customers.
Provided, however, that such rules, regulations, terms and conditions shall not be in
conflict with the provisions hereof or applicable federal and State laws, rules and
regulations.
Section 7
FRANCHISE FEE
Grantee shall pay to the Town an annual fee in an amount equal to three
percent (3%) of the Gross Revenues. Such payment shall be in addition to any other
taxes or permit fees owed to the Town by the Grantee that are not included as
franchise fee under federal law. The Town may increase the franchise fee, during the
term of this Franchise, to any amount up to the maximum five percent (5%) as allowed
by applicable law. The Town shall provide a ninety (90) day written notice to the
Grantee before any franchise fee increase is implemented.
Section 8
PAYMENT TO THE TOWN
A. Method of Computation
The fee due the Town under the provisions of Section 7 above shall be
computed and paid quarterly forty-five (45) days after each quarter, based on
the Grantee's fiscal year. Any adjustments of franchise fees to the Town based
upon the Grantee's review of Gross Revenue shall be paid not later than ninety
(90) days after the end of the Grantee's fiscal year to the office of the Treasurer
during its regular business hours. The payment period shall commence as of the
effective date of the Franchise. In the event of a dispute, the Town, if it so
requests, shall be furnished a statement of said payment, by a Certified Public
Accountant, reflecting the Gross Revenues and the above charges, deductions
and computations for the period covered by the payment.
B. Acceptance by the Town
No acceptance of any payment by the Town shall be construed as a
release or as an accord and satisfaction of any claim the Town may have for
further or additional sums payable as a franchise fee under this Ordinance or for
the performance of any other obligation of the Grantee. The period of limitation,
however, for recovery of any franchise fees payable hereunder shall be three (3)
years from the date on which payment by the Grantee is due.
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C. Failure to Make Required Payment
In the event that any Franchise payment or recomputed payment is not
made on or before the dates specified herein, Grantee shall pay an interest
charge, computed from such due date, at the annual rate of one percent (1%)
over the prime interest rate.
Audit
The Town shall have the authority to fully execute an audit to verify the above
provisions in Sections 7 and 8 of Article II.
Section 9
TRANSFER OF OWNERSHIP OR CONTROL
A. The Franchise granted hereunder shall be a privilege to be held for the
benefit of the public. Said Franchise cannot in any event be sold, transferred, leased,
assigned or disposed of, including but not limited to, by forced or voluntary sale,
merger, consolidation, receivership, or other means without the prior consent of the
Town, and then only under such conditions as the Town may establish. Such consent
as required by the Town shall, however, not be unreasonably withheld or delayed, nor
may there be a change in control of Grantee without the prior consent of the Town,
where “change of control” means any change in actual working control (by whatever
manner exercised) or in effective control of Grantee, such as described in 47 C.F.R.
Section 76.501.
B. For the purpose of determining whether it shall consent to such change,
transfer, or acquisition of
the Franchise, the Town may inquire into the legal, technical, and financial
qualifications of the prospective party, and the Grantee shall assist the Town in any
such inquiry.
C. By its acceptance of this Franchise, the Grantee specifically grants and
agrees that any such sale,
assignment or transfer occurring without prior approval of the Town Council shall
constitute a violation of this Franchise by the Grantee.
D. The foregoing requirements shall not apply to any sale, assignment or
transfer to any Person which is owned or controlled by the Grantee, or any Person
which owns or controls the Grantee. Grantee shall notify the Town thirty (30) days prior
to any sale, assignment or transfer.
Section 10
RECORDS, REPORTS AND MAPS
A. Reports Required
The Grantee shall file with the Town:
The Grantee's schedule of charges, contract or application forms for regular subscriber
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service, policy regarding the processing of subscriber complaints, delinquent
subscriber disconnect and reconnect procedures and any other terms and conditions
adopted as the Grantee's policy in connection with its Subscribers shall be filed with
the Town upon written request.
2. All petitions, applications and communications of all types submitted by
Grantee to the Federal Communications Commission, Securities and Exchange
Commission, or any other Federal or State regulatory commission or agency having
jurisdiction over any matter affecting operation of Grantee's system shall be submitted
to the Town upon written request.
3. Copies of any FCC Technical Standards Test that are filed with the FCC.
B. Records Required
The Grantee shall at all times maintain:
1. A record of all complaints received and interruptions or degradation of
service
experienced shall be maintained for one (1) year.
2. A full and complete set of plans, records and "as-built" maps showing the
exact location of all Cable System equipment installed or in use in the Town, exclusive
of Subscriber service drops.
C. Filing
When not otherwise prescribed herein, all matters required to be filed with the
Town shall be filed with the Town Manager.
D. Inspection of Property and Records
At all reasonable times, Grantee shall permit examination, by any duly
authorized representative of the Town, of all Franchise property, together with any
appurtenant property of Grantee situated within or without the Town. Grantee shall also
permit any duly authorized representative of the Town to examine any and all maps
and other records relevant to Grantee’s compliance with the Franchise.
Section 11
REMOVAL OF CABLE SYSTEM
At the expiration of the term for which this Franchise is granted, or upon its
termination as provided herein, Grantee shall forthwith, upon notice by Town, remove
at its own expense the Cable System from all Streets and public property within the
Town.
Section 12
PEG CHANNELS AND COMMUNITY PROGRAMMING
Public, Educational and Governmental Access Channels
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The Grantee shall provide on the Cable System on the Basic Service Tier the following
channels for Public, Education and Government (“PEG”) Access.
One (1) channel for Public Access, which may be used by the general public, which
may be administered by the Town or by an institution as designated by the Town.
Two (2) channels for Educational Access, which may be administered for use by the
Northwest Independent School District in a manner which conforms to the technical
ability of the Cable System.
One (1) channel for Government Access, which shall be administered by the Town in
which non-commercial government programming shall be provided by the Town, its
designee, or other government units of the State.
2. The Grantee may be permitted to utilize unused access channel capacity
under applicable laws.
B. PEG Access Assistance
The Grantee shall provide to the Town within one hundred and twenty (120)
days after the effective date of the Franchise, a character generator to assist the Town
in providing character generated messages on its Government Access Channel. The
Grantee shall provide adequate training to Town staff, or its designee, on the use of
said equipment. The Grantee shall provide to the Town a series of grants which shall
be used to assist the Town in the acquisition of video equipment or in the maintenance
of production facilities. The grants and their timing shall be as follows:$2,000.00 upon
acceptance by the Grantee of the Franchise.
$2,000.00 on or before May 20, 2003
$1,000.00 on or before May 20, 2004
$1,000.00 on or before May 20th for the Year 2005 and every year thereafter until
the franchise term expires, including any extension of the Franchise under this
Franchise Agreement, or is terminated by the Town.
3. The Grantee shall use best efforts to provide technical support and
assistance should the Town relocate its Government access production equipment and
facilities. Such support shall include the reactivation of Government Access production
equipment onto the Cable System. All other costs associated with the construction,
relocation, and installation of the Government Access equipment and/or facilities, shall
be the responsibility of the Town.
C. The Grantee shall maintain, without charge, one outlet to each School,
located in the area served by the Cable System and will provide free Basic Service and
Extended Basic Service, for so long as the Cable System remains in operation in the
area. Any such School may install, at its expense, such additional outlets for
classroom purposes as it desires, provided that such installation shall not interfere with
the operation of Grantee’s Cable System, and that the quality and manner of
installation of such additional connections shall have been approved by the Grantee
and shall comply with all Town, State and federal laws and regulations. In addition, the
Grantee shall furnish to the Town, without charge, that is, without installation or
monthly charges, one outlet to each Police and Fire Station, and up to a total of four (4)
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outlets to the Town Hall or to such other occupied Town buildings that facilitate Town
government offices. Such obligations of free Cable Service shall not extend to areas of
Town buildings and offices where the Grantee would normally enter into a commercial
contract to provide such Cable Service. Such free outlets and Cable Service may only
be used for lawful purposes.
D. Grantee has established a voluntary initiative to provide Cable Internet
Service to all Schools, public libraries and Town Hall at no cost to the Town or
institutions within one (1) year after the effective date of this Franchise. Grantee
intends to provide each School, public library and Town Hall with one (1) outlet of
unlimited Internet access, including the necessary cable modem. The Town
encourages and supports Grantee’s efforts in this area.
ARTICLE III
ADMINISTRATION AND REGULATION
Section 1
PERFORMANCE EVALUATION SESSIONS
A. The Town and Grantee may hold performance evaluation sessions as may
be required by federal and State law or by the Town. All evaluation sessions shall be
open to the public.
B. All evaluation sessions shall be announced in accordance with the notice
requirements under appropriate State law.
C. Topics which may be discussed at any scheduled session may
include, but not be limited to: rates, franchise fees, customer service
issues, new technologies, system performance, cable service,
including programming offered, privacy provisions, line extension
policies, judicial and FCC rulings and Grantee and Town rules.
D.
Section 2
FORFEITURE OR REVOCATION
A. Grounds for Revocation
The Town reserves the right to revoke the Franchise granted hereunder and
rescind all rights and privileges associated with the Franchise in the following
circumstances, each of which shall represent a default and breach under this
ordinance and the Franchise grant:
1. If the Grantee should default in the performance of any of its material
obligations under this Ordinance or under such documents, contracts and
other terms and provisions entered into by and between the Town and the
Grantee.
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2. If the Grantee should fail to provide or maintain in full force and effect, the
liability and indemnification coverage's as required herein.
3. If the Grantee should frequently violate any orders or rulings of any
regulatory body having jurisdiction over the Grantee relative to this
Franchise unless such orders or rulings are being contested by the
Grantee in a court of competent jurisdiction.
4. If the Grantee fails to receive necessary FCC approval.
5. If the Grantee ceases to provide services for any reason within the control
of the Grantee. The Grantee shall not be declared at fault or be subject to
any sanction under any provision of this ordinance in any case in which
performance of any such provision is prevented for reasons beyond the
Grantee's control.
6. If the Grantee attempts to evade any of the provisions of this Ordinance or
the Franchise agreement or practices any fraud or deceit upon the Town.
B. Procedure Prior to Revocation
The Town shall make written demand by certified mail to the Grantee to comply
with any
such requirement, limitation, term, condition, rule or regulation and shall provide the
Grantee with minimum of 30 days to cure the Town's complaint. If the default, failure,
refusal or neglect of the Grantee continues for a period of thirty (30) days following
such written demand, the Town may place its request for termination of the Franchise
upon a regular Town Council meeting agenda. The Town shall cause to be served
upon Grantee, a reasonable written notice of this intent to request such termination,
and the time and place of the meeting, notice of which shall be published by the Town
Clerk in accordance with the Public Notice requirements in Article I, Section 15 of this
Ordinance.
The Town Council shall hear any persons interested therein, and shall
determine, in its discretion, whether or not any default, failure, refusal or neglect by the
Grantee was with just cause. If such default, failure, refusal or neglect by the Grantee
was with just cause, the Town
Council shall direct the Grantee to comply within such time and manner and upon such
terms and conditions as are reasonable. If the Town Council shall determine such
default, failure, refusal or neglect by the Grantee was without just cause, then the Town
Council may, by resolution, declare that the Franchise of Grantee shall be terminated.
Any finding and/or determination by the Town in accordance to this Subsection shall be
subject to judicial review de novo.
C. Restoration of Property
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In removing its plant, structures and equipment, the Grantee shall refill, at its
own expense, any excavation that shall be made by it and shall leave all public ways
and places in as good condition as prevailed prior to the Grantee's removal of its
equipment and appliances without affecting the electrical or telephone cable wires, or
attachments. The Town shall inspect and approve the condition of the Streets and
public places; and cables, wires, attachments and poles after removal. The liability,
indemnity and insurance as provided herein shall continue in full force and effect during
the period of removal and until full compliance by the Grantee with the terms and
conditions of this paragraph and this Ordinance.
D. Restoration by Town, Reimbursement of Costs
In the event of a failure by the Grantee to complete any work required by Article II,
Section 11 and/or Subsection C. above, or any other work required by Town law or
ordinances within the time as may be established and to the reasonable satisfaction of
the Town, the Town may cause such work to be done and the Grantee shall reimburse
the Town the reasonable cost thereof within thirty (30) days after receipt of an itemized
list of such costs. The Town shall be permitted to seek legal and equitable relief to
enforce the provisions of this Section.
E. Extended Operation
Upon the revocation of a Franchise, the Town may require the Grantee to continue to
operate the Cable System for a period of time not to exceed three (3) months from the
date of such revocation. The Grantee shall, as trustee for its successor in interest,
continue to operate the Cable System under the terms and conditions of
this Ordinance and the Franchise and to provide the regular subscriber service and any
and all of the services that may be provided at that time. The Town shall be permitted
to seek legal and equitable relief to enforce the provisions of this Section.
F. Rights Not Affected
The termination and forfeiture of any Franchise shall in no way affect any of the rights
of the Town or Grantee under the Franchise or any provision of law.
Section 3
RECEIVERSHIP AND FORECLOSURE
A. The Franchise herein granted shall at the option of the Town, cease and
terminate one hundred twenty (120) days after the appointment of a receiver or
receivers or trustee or trustees to take over and conduct the business of the Grantee
whether in a receivership, reorganization, bankruptcy or other action or proceeding
unless such receivership or trusteeship shall have been vacated prior to the expiration
of said one hundred twenty (120) days, or unless:
1. Such receivers or trustees shall have, within one hundred twenty (120)
days after their election or appointment, fully complied with all the terms and provisions
of this Ordinance and the Franchise granted pursuant hereto, and the receivers or
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trustees within said one hundred twenty (120) days shall have remedied all defaults
under the Franchise; and
2. Such receivers or trustees shall, within said one hundred twenty (120)
days, execute any agreement duly approved by the Court having jurisdiction in the
premises, whereby such receivers or trustees assume and agree to be bound by each
and every term, provision and limitation of the Franchise herein granted.
B. In the case of a foreclosure or other judicial sale of the plant, property
and equipment of the Grantee,or any substantial part thereof, including or excluding
this Franchise, the Town Council may serve notice of termination upon the Grantee
and the successful bidder at such sale, in which event the Franchise herein granted
and all rights and privileges of the Grantee hereunder shall cease and terminate thirty
(30) days after service of such notice, unless:
1. The Town Council shall have approved the transfer of this Franchise, as
and in the manner in this Ordinance provided and;
2. Such successful bidder shall have covenanted and agreed with the Town
to assume and be bound by all the terms and conditions of this Franchise.
Section 4
COMPLIANCE WITH STATE AND FEDERAL LAWS
Notwithstanding any other provisions of this Franchise to the contrary, the
Grantee shall at all times comply with all laws and regulations of the State of Texas
and the federal government or any administrative agencies thereof which relate to the
conduct of Grantee's system business. This includes Grantee paying franchise fees on
cable modem type services if the FCC’s March, 2002 cable modem ruling is reversed
by the FCC, is overturned by Congress, or subject to a final, non-appealable decision
by a federal court with jurisdiction over the FCC.
Section 5
INTEGRATION
This Agreement sets forth the entire agreement between the parties respecting
the subject matter hereof. All agreements, covenants, representations and warranties,
express and implied, oral and written, of the parties with regard to the subject matter
hereof are contained herein. No other agreements, covenants, representations or
warranties, express or implied, oral or written, have been made by any party to another
with respect to the matter of this Agreement. All prior and contemporaneous
conversations, negotiations, possible and alleged agreements, representations,
covenants and warranties with respect to the subject matter hereof are waived, merged
herein and therein and superseded hereby and thereby. This is an integrated
Agreement.
Section 6
PUBLICATION
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The Town Secretary of the Town of Trophy Club is hereby directed to publish
the Caption, Penalty and Effective Date of this Ordinance as required by Section
52.011 of the Texas Local Government Code.
Section 7
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance by copying the Caption, Penalty, and Effective Date in the
minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in
the ordinance records of the Town.
Section 8
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, provided that within forty-five (45) days after the date of
final passage of the Franchise, the Grantee shall file with the Town its unconditional
acceptance of the Franchise
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas, this the 2nd day of December, 2002.
TOWN OF TROPHY CLUB,
TEXAS
Attest: By:
____________________________
Title:
__________________________
__________________________________
Town Clerk
This Franchise Agreement is hereby accepted by the Grantee on this _____ day
of
_____________, 2002.
MARCUS CABLE ASSOCIATES, L.L.C.
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d/b/a CHARTER COMMUNICATIONS
By:
_______________________________
Title:
_____________________________
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TOWN OF TROPHY CLUB
ORDINANCE NO. 2006 - ____
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS AMENDING ORDINANCE NO. 2002-44
GRANTING TO MARCUS CABLE ASSOCIATES, L.L.C.
d/b/a CHARTER COMMUNICATIONS, IT’S
SUCCESSORS OR ASSIGNS, A NONEXCLUSIVE
FRANCHISE TO CONSTRUCT, OWN, OPERATE AND
MAINTAIN A CABLE TELEVISION SYSTEM WITHIN THE
TOWN OF TROPHY CLUB, TEXAS; PROVIDING FOR
INCORPORATION OF PREMISES; PROVIDING FOR THE
ADOPTION OF AN AMENDMENT TO ARTICLE I,
SECTION FIVE ENTITLED “TERM” IN ORDER TO
COMPLY WITH THE OBLIGATIONS CONTAINED
THEREIN; PROVIDING FOR INTEGRATION;
PROVIDING FOR SAVINGS AND REPEALER;
PROVIDING FOR SEVERABILITY; ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
THIS FRANCHISE AGREEMENT is made and entered into as of the 2nd day of
December, 2002 by and between the Town of Trophy Club, Texas, a home municipal
corporation duly organized under the Constitution and the laws of the State of Texas
(hereinafter the "Town" or alternatively, "Grantor") and Marcus Cable Associates,
L.L.C. d/b/a Charter Communications, (hereinafter "Company" or alternatively,
"Grantee"), a Texas corporation with its principal place of business at 4800 Blue Mound
Rd., Fort Worth, Tarrant County, Texas.
WHEREAS, on or about the 2nd day of December, 2002 a Franchise
Agreement by and between the Town of Trophy Club, Texas, a municipal corporation
duly organized under the laws of the State of Texas (hereinafter the "Town" or
alternatively, "Grantor") and Marcus Cable Associates, L.L.C. d/b/a Charter
Communications, (hereinafter "Company" or alternatively, "Grantee"), a Texas
corporation with its principal place of business at 4800 Blue Mound Rd., Fort Worth,
Tarrant County, Texas was approved and adopted via Ordinance No. 2002-44
(hereinafter “Franchise”); and
WHEREAS, the terms of the Franchise provide that at the end of the fourth (4th)
year of the Franchise term, the Franchise shall be extended for three (3) years upon a
finding that Grantee has maintained itself in substantial material compliance with
specified criteria; and
WHEREAS, the staff has reviewed and analyzed the Grantee’s performance
under the Franchise to determine whether Grantee is in substantial material
compliance with the criteria set forth in the Franchise and has determined that Grantee
has maintained itself in substantial material compliance with that criteria; and
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WHEREAS, on November 6, 2006, after holding a public hearing, the Town
Council has reviewed staff analysis of Grantee’s performance under the Franchise,
concurs with the determination that Grantee has maintained itself in substantial
material compliance with specified criteria:
The Customer Service Requirement in Article II, Section 3;
The Franchise Fee requirements in Article II, Sections 7 and 8(A);
Records, reports, and maps as required in Article II, Section 10; and
The Cable System meeting all applicable technical and performance standards
of the FCC
therefore the Council determines it appropriate to allow the automatic three (3) year
continuation specified in Article I, Section 5 of the Franchise to take effect without early
termination; and
WHEREAS, based upon the staff analysis, the findings of the Town Council,
and the terms of the Franchise, the Franchise continue in full force and effect until the
2nd day of December, 2012; and
WHEREAS, this Ordinance is adopted by the Town of Trophy Club and the
Franchise granted pursuant to Ordinance No. 2002-44 is hereby amended so that
Section 5 is revised in its entirety to give effect to the existing terms of that section
relative to the term of the Franchise and so that all other terms and provisions of
Ordinance No. 2002-44 remain in full force and effect until the expiration of the term of
the Franchise.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
ARTICLE I
GRANT OR FRANCHISE
AND GENERAL PROVISIONS
Section 1
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein
and made a part hereof for all purposes.
Section 2
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ADOPTION OF AMENDMENT
Section 5, entitled “Term” of Article I, entitled “Grant or Franchise and
General Provisions” of Ordinance No. 2002-44 approving the Franchise is hereby
amended to add section “C” so that Article I, Section 5 shall be and read as
follows in its entirety and so that all other terms and provisions of the Ordinance
No. 2002-44 shall remain in full force and effect:
“Section 5
TERM
A. The non-exclusive Franchise and the rights, privileges and
authority granted herein shall continue in force and effect for a term of seven
(7) years from the Effective Date.
B. This Franchise shall be extended for an additional three (3)
years upon a finding by the Town Council at the end of the fourth (4th) year of
the Franchise that the Grantee is and has maintained itself in substantial
material compliance with:
1. The Customer Service Requirement in Article II, Section 3 ;
2. The Franchise Fee requirements in Article II, Sections 7 and
8(A);
3. Records, reports, and maps as required in Article II, Section 10;
and
4. The Cable System meeting all applicable technical and
performance standards of the FCC.
C. Having determined prior to the end of the fourth (4th) year of this
Franchise that the Grantee is and has maintained itself in substantial
compliance with the criteria as set forth in Subsection “B” of this Section, this
Franchise is automatically extended for an additional three (3) years after the
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expiration of seven (7) years from the Effective Date so that this Franchise
shall remain in full force and effect until December 2, 2012.”
Section 3
INTEGRATION
The amendment to the Franchise adopted via this Ordinance sets forth the
entire agreement between the parties respecting the subject matter hereof. All
agreements, covenants, representations and warranties, express and implied, oral and
written, of the parties with regard to the subject matter hereof are contained herein. No
other agreements, covenants, representations or warranties, express or implied, oral or
written, have been made by any party to another with respect to the matter of this
Agreement. All prior and contemporaneous conversations, negotiations, possible and
alleged agreements, representations, covenants and warranties with respect to the
subject matter hereof are waived, merged herein and therein and superseded hereby
and thereby. This is an integrated Franchise Agreement.
Section 4.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting Cable Franchises and shall not repeal any of the provisions of such
Ordinances except in those instances where provisions of those Ordinances are in
direct conflict with the provisions of this Ordinance; whether such Ordinances are
codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy
Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall
remain in full force and effect. Notwithstanding the foregoing, any complaint, action,
cause of action or claim which prior to the effective date of this Ordinance has been
initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue
to be governed by the provisions of that Ordinance and for that purpose the Ordinance
shall be deemed to remain and continue in full force and effect.
Section 5.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
declares it would have passed such remaining of the Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
Section 6.
ENGROSSMENT AND ENROLLMENT
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The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance by copying the exact Caption and Effective Date clause in the
minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in
the Ordinance records of the Town.
Section 7.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, provided that within forty-five (45) days after the date of
final passage of the Franchise, the Grantee shall file with the Town its unconditional
acceptance of the Franchise amendment.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the _____ day of November, 2006.
_______________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
This Amended Franchise Agreement is hereby accepted by the Grantee on this _____
day of _____________, 2006.
MARCUS CABLE ASSOCIATES, L.L.C.
d/b/a CHARTER COMMUNICATIONS
By:
_______________________________
Title:
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-6-2006
Subject: Agenda Item No.D.2
Discuss and take appropriate action regarding a contract with Teague, Nall
and Perkins for planning services.
EXPLANATION:
On September 18, 2006, the Council awarded the contract for planning services to
Teague, Nall and Perkins (“TNP”) pursuant to their response to the Town’s Request for
Proposals for Planning Services. At the time of award, the contract documents had not
been finalized. The attached is the proposed Agreement between the Town and TNP
which is submitted for Council approval.
RECOMMENDATION:
ACTION BY COUNCIL:
(kcf)
Attachments: 1. Agreement
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AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS AND
TEAGUE NALL & PERKINS
CONSULTANT SERVICES FOR
TOWN PLANNING CONSULTANT
THIS CONTRACT is made and entered by and between Teague Nall & Perkins,
whose address is 1100 Macon Street Fort Worth, Texas 76102, hereinafter referred to
as “Consultant”, and the TOWN OF TROPHY CLUB, TEXAS, hereinafter referred to as
“Town”, for consulting services to provide Health Inspection support, to be effective
upon approval of the Trophy Club Town Council and subsequent execution by the
Trophy Club Town Manager or her designee.
W I T N E S S E T H:
WHEREAS, the Town has identified a need to retain Consultant to provide
Town with Planning Consultant support services (hereinafter the “Project”); and
WHEREAS, Town desires to engage the services of the Consultant to assist in
such Project and to render its services on the terms and conditions provided in this
Agreement; and
WHEREAS, Consultant agrees to render its services to Town as provided
herein;
THEREFORE, Town hereby engages the services of Consultant, and in
consideration of the mutual promises herein contained, the parties agree as follows:
SECTION I.
SCOPE OF WORK
Consultant shall provide all services necessary to provide Planning Consultant
support services to Town. Such work shall be performed in accordance with the terms
and conditions outlined in this Agreement_(including Exhibit “1-A”), the Town’s
Request for Proposal for Planning Services, a copy of which is attached hereto and
incorporated herein as Exhibit “A”, Consultant’s Fee Schedule for the Town, a copy of
which is attached hereto and incorporated herein as Exhibit “B”, Consultant’s
Response to the Town’s Request for Proposal, a copy of which is incorporated herein
by reference as Exhibit “C”, hereinafter referred to collectively as “Contract Document”.
In the event of a conflict between words, phrases, paragraphs, clauses, documents or
portions thereof, priority of interpretation shall be given in the order that those
documents are listed in this paragraph.
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SECTION II.
TERM
The term of this Contract shall be a period of one (1) year commencing upon the
date of approval by the Trophy Club Town Council. This Agreement may be renewed
at the option of the Town for two (2) additional terms of one (1) year each upon thirty
(30) days written notice to Consultant. This Agreement may be terminated by Town as
provided herein.
SECTION III.
COMPENSATION / OWNERSHIP OF DOCUMENTS
3.01 Compensation. In consideration for the services to be rendered under this
Agreement, including all expenses, the Consultant shall be paid a fee not to
exceed the amounts itemized in Consultant’s Fee Schedule for Town, a copy of
which is attached hereto as EXHIBIT “B”. Consultant may invoice Town upon
completion and acceptance of services to be provided or may invoice Town on a
monthly basis. Such invoices shall be itemized to show services performed,
expenses and corresponding charges. Consultant shall keep accurate records
of its services and expenses incurred in the performance of this Agreement and
shall make the same available to Town for inspection and copying upon five (5)
days notice thereof. These records shall be kept by Consultant for two (2) years
following the expiration of this Agreement.
3.02 Fiscal Funding. Consultant and Town recognize that the continuation of any
contract after the close of any given fiscal year of the Town of Trophy Club,
which fiscal year ends on September 30th of each year, shall be subject to
Town Council approval. In the event that the Town Council does not approve
the appropriation of funds for this contract, the contract shall terminate at the
end of the fiscal year for which funds were appropriated and the parties shall
have no further obligations hereunder.
3.03 Maximum Compensation Upon Termination By Town or Consultant. In the
event of termination by Town with or without cause and subject to the terms of
§3.02 herein, the Consultant shall be compensated only for actual approved
expenses and fees incurred by Consultant in providing those services
acceptable to Town which are within the scope of work under the Contract
Documents to the effective date of termination, unless otherwise specifically
stated in the notice of termination. Approved expenses do not include overhead
such as utilities, rent, insurance, etc., and shall not exceed the total amount due
under this Agreement.
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3.04 Ownership of Documents. All information, documents, records and reports
developed as a result of the services provided under this Agreement shall be the
property of the Town (hereinafter “Documents”). Any use by Consultant of the
Documents developed hereunder, whether for publication or for work with other
clients, must receive prior written permission from the Town. During the term
and all renewals of this Agreement, all such Documents generated, compiled,
collected or collated shall be maintained in the format required by Town.
Further, all such Documents shall be returned to Town upon termination of this
Agreement, and upon such termination shall be returned in the format required
by Town.
SECTION IV.
SUCCESSORS AND ASSIGNS/AGENTS OR ASSISTANTS
4.01 Successors and Assigns. Town and Consultant each bind themselves, their
successors, executors, administrators and assigns to the other party to this
Agreement. Neither Town nor Consultant will assign, sublet, subcontract or
transfer any interest in this Agreement without the prior written consent of the
other party. No assignment, delegation of duties or subcontract under this
Agreement will be effective without the written consent of Town. Subject to the
provision regarding assignment, this Agreement shall be binding on the
administrators, legal representatives, successors, and assigns of the respective
parties.
4.02 Use of Agents or Assistants. Subject to the foregoing, to the extent
reasonably necessary for the Consultant to perform its duties hereunder,
Consultant may engage the services of any agents or assistants which it may
deem proper, and it may further employ, engage, or retain the services of such
other persons or corporations to aid or assist it in the proper performance of its
duties. The cost of the services of such agents or assistants shall be borne by
Consultant at its sole cost and expense. Consultant further agrees that the
subcontracting of any portion or feature of the work, or materials required in the
performance of this Contract, shall not relieve Consultant from its full obligations
to Town as provided by this Contract.
SECTION V.
FACILITIES
Consultant shall be responsible for providing all necessary facilities, personnel,
equipment, materials or other items necessary to perform the services required of it
hereunder; provided, however, that Town shall cooperate with Consultant by providing
space that Town has available for meetings, conferences, presentations, etc.
SECTION VI.
INDEMNIFICATION
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Consultant shall release, defend, indemnify and hold harmless Town and its
officials, officers, agents and employees from and against all damages, injuries
(including death), claims, property damages (including loss of use), losses, demands,
suits, judgments and costs, including attorney’s fees and expenses, in any way arising
out of, related to, or resulting from the performance of the work or caused by the
negligent act or omission of Consultant, its officers, agents, employees,
subcontractors, licensees, invitees or any other third parties for whom Consultant is
legally responsible (hereinafter “Claims”). Consultant is expressly required to defend
Town against all such Claims.
In its sole discretion, Town shall have the right to approve defense counsel to be
retained by Consultant in fulfilling its obligation hereunder to defend and indemnify
Town, unless such right is expressly waived by Town in writing. Town reserves the
right to provide a portion or all of its own defense; however, Town is under no
obligation to do so. Any such action by Town is not to be construed as a waiver of
Consultant’s obligation to defend Town or as a waiver of Consultant’s obligation to
indemnify Town pursuant to this Contract. Consultant shall retain Town approved
defense counsel within seven (7) business days of Town’s written notice that Town is
invoking its right to indemnification under this Contract. If Consultant fails to retain
Counsel within such time period, Town shall have the right to retain defense counsel
on its own behalf, and Consultant shall be liable for all costs incurred by Town.
SECTION VII.
INSURANCE
Consultant shall provide insurance meeting the requirements of Exhibit “1-A”,
a copy of which is attached hereto and incorporated herein, throughout the term of this
Agreement and all such renewals thereof.
SECTION VIII.
INDEPENDENT CONTRACTOR
Consultant covenants and agrees that he or she is an independent contractor
and not an officer, agent, servant or employee of Town; that Consultant shall have
exclusive control of and exclusive right to control the details of the work performed
hereunder and all persons performing same, and shall be responsible for the acts and
omissions of its officers, agents, employees, contractors, subcontractors and
consultants; that the doctrine of respondent superior shall not apply as between Town
and Consultant, its officers, agents, employees, contractors, subcontractors and
consultants, and nothing herein shall be construed as creating a partnership or joint
enterprise between Town and Consultant.
SECTION IX.
TERMINATION
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9.01 Option. Town may, at its option, without cause, and without prejudice to any
other remedy it may be entitled to at law, in equity, or otherwise under this
Contract, terminate further work under this contract, in whole or in part by giving
at least thirty (30) days prior written notice thereof to Consultant with the
understanding that all services being provided by Consultant shall cease upon
the date such notice is received unless otherwise specifically stated in the notice
of termination. Consultant shall provide sixty (60) days prior written notice of
termination to the Town where such termination is without cause and shall
provide thirty (30) days prior written notice to the Town where such termination
is for cause.
9.02 Cause. Town reserves the right to terminate this contract immediately upon
breach of any term or provision of the Contract Documents by Consultant; or if
at any time during the term of this contract, Consultant shall fail to commence
the work in accordance with the provisions of the Contract Documents or fail to
diligently provide services in an efficient, timely and careful manner and in strict
accordance with the provisions of the Contract Documents, or fail to use an
adequate number or quality of personnel or equipment to complete the work or
fail to perform any of its obligations under the Contract Documents, then Town
shall have the right, if Consultant shall not cure any such default after fifteen
(15) days written notice thereof, to terminate this contract and complete the work
in any manner it deems desirable, including engaging the services of other
parties therefore. Any such act by Town shall not be deemed a waiver of any
other right or remedy of Town.
9.03 Costs. If after exercising any remedy provided herein, the cost to Town of the
performance of the balance of the work is in excess of that part of the contract
sum which has not therefore been paid to Consultant hereunder, Consultant
shall be liable for and shall reimburse Town for such excess.
SECTION X.
EQUAL OPPORTUNITIES
Consultant shall not discriminate against any employee or applicant for
employment because of race, age, color, religion, sex, disability, ancestry, national
origin or place of birth. Consultant shall take action to ensure that applicants are
employed and treated without regard to their race, age, color, religion, sex, disability,
ancestry, national origin or place of birth. This action shall include but not be limited to
the following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection of training including apprenticeship.
SECTION XI.
APPLICABLE LAW/ INDEMNITY
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Consultant shall at all times observe and comply with all Federal, State and local
laws, ordinances and regulations, which in any manner affect Consultant or the work,
and shall release, defend, indemnify and hold harmless Town against any claim arising
from the violation of any such laws, ordinances and regulations whether by Consultant
or its employees. If Consultant performs any work contrary to such laws, ordinances,
rules and regulations, Consultant shall bear all costs arising therefrom.
SECTION XII.
SEVERABILITY
The provisions of this Contract are severable. If any paragraph, section,
subdivision, sentence, clause, or phrase of this Contract is for any reason held to be
contrary to the law or contrary to any rule or regulation having the force and effect of
the law, such decisions shall not affect the remaining portions of the Contract.
SECTION XIII.
NONWAIVER
It is expressly understood and agreed that, in the execution of this Agreement,
Town does not waive nor shall Town be deemed hereby to have waived any immunity
or defense that would otherwise be available to it. It is further agreed that one (1) or
more instances of forbearance by Town in the exercise of its rights herein shall in no
way constitute a waiver thereof.
SECTION XIV.
PARAGRAPH HEADINGS
The descriptive headings of the several Articles, Sections and Paragraphs
contained in this Agreement are inserted for convenience only and shall not control or
affect the meaning or construction of any of the provisions hereof.
SECTION XV.
CONTRACT INTERPRETATION
Although this Agreement is drafted by the Town, should any part be in dispute,
the parties agree that the Agreement shall not be construed more favorably for either
party.
SECTION XVI.
ENTIRE AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in
writing, between the parties hereto with respect to the subject matter hereof, and no
other agreement, statement, or promise relating to the subject matter of the Contract
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Documents which is not contained herein shall be valid or binding. The parties agree
that the Contract Documents constitute the entire understanding of the parties.
SECTION XVII.
GOVERNING LAW / VENUE
The validity of this Agreement and of any of its terms or provisions, as well as
the rights and duties of the parties hereunder, shall be governed by the laws of the
State of Texas. The parties agree that it is performable in Denton County, Texas and
that exclusive venue shall be in Denton County, Texas.
IN WITNESS WHEREOF, the parties have executed this Agreement on the
dates indicated below.
CONSULTANT
Date: ______________ BY: __________________________
Teague Nall & Perkins
Name:_____________________
Title:______________________
TOWN OF TROPHY CLUB, TEXAS
Date: ______________ BY: __________________________
Nick Sanders
Mayor
APPROVED AS TO FORM:
_________________________________
Patricia A. Adams, TOWN ATTORNEY
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ACKNOWLEDGMENTS
STATE OF TEXAS )
)
COUNTY OF __________ )
This instrument was acknowledged before me on the _____ day of
___________________, 2006, by _________________, ________________, of
__________________________ a _____________ corporation, on behalf of such
corporation.
_______________________________
Notary Public, State of Texas
STATE OF TEXAS )
)
COUNTY OF DENTON )
This instrument was acknowledged before me on the _______ day of
_________________, 2006 by NICK SANDERS, Mayor of the TOWN OF TROPHY
CLUB, TEXAS, a Type “A” general law municipal corporation, on behalf of such
corporation.
________________________________
Notary Public, State of Texas
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EXHIBIT “A”
RFP
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131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
EXHIBIT “1-A”
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EXHIBIT “B”
Hourly Rates
Sr. Planner $120.00/hour
Planner II $95.00/hour
Planner I $87.00/hour
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EXHIBIT “C”
Proposal
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-6-2006
Subject: Agenda Item No.D.3
Discuss and take appropriate action regarding an Ordinance authorizing
and approving the terms and conditions of a note as well as the specified
lender for the Harmony Park reconstruction and improvement loan with
the payments being funded by EDC 4A.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. EDC Resolution and Contract
2. Ordinance
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, AUTHORIZING AND APPROVING THE
TERMS AND CONDITIONS OF A NOTE AS WELL AS THE SPECIFIED
LENDER FOR THE HARMONY PARK RECONSTRUCTION AND
IMPROVEMENT LOAN WITH THE PAYMENTS BEING FUNDED BY
EDC 4A PAYABLE ANNUALLY COMMENCING IN FISCAL 2007 AND
BEING RETIRED IN FISCAL 2017; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Town Council of the Town of Trophy Club is a Home Rule
municipality created under the Constitution of the State of Texas; and
WHEREAS, Harmony Park is in need of substantial improvement to and
reconstruction of it’s infrastructure i.e. bathrooms, parking lots; shade structures; field
rehabilitation; lighting etc; and
WHEREAS, EDC 4A can fund capital park improvements as well as limited
operating expenses on EDC projects and has committed to fund the payment up to
Sixty Thousand dollars ($60,000) annually for 10 years; and
WHEREAS, EDC 4A has also committed to an up front grant of Sixty Thousand
dollars ($60,000) in additional to a loan amount of approximately Four Hundred and
Seventy Four Thousand dollars ($474,000) for a total amount available to be expended
in Harmony Park of approximately Five Hundred and Thirty Four Thousand dollars
($534,000); and
WHEREAS, The Town Council has historically utilized EDC funds to build and
improve the Town’s park system as well as to fund loans for capital improvements to
the park system; and
WHEREAS, Several lenders were asked to provide terms for this financing and
First Financial Bank has the best terms for this type of financing,
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
Section 1. All of the above premises are found to be true and correct and are
hereby affirmed and adopted as findings by the Town Council of the Town of Trophy
Club.
Section 2. The Town Council hereby approves the terms of this Ordinance
authorizing improvements to and reconstruction of the infrastructure at Harmony Park
as well as the Lender, First Financial Bank
168
Section 3. The Town Manager is hereby authorized to initiate the
improvements to and reconstruction of the Park and to execute the appropriate
documents to complete the loan for approximately Four Hundred and Seventy Four
Thousand dollars ($474,000) with First Financial Bank with the debt being retired in
fiscal year 2017.
Section 4. This Ordinance is hereby approved and shall become effective
immediately upon its passage.
DULY PASSED AND APPROVED this the 6th day of November, 2006.
____________________________________
Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
___________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
___________________________
Town Attorney
Town of Trophy Club, Texas
169
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-6-2006
Subject: Agenda Item No.D.4
Discuss and take appropriate action regarding a Resolution repealing
Resolution No. 2001-01 and adopting the Municipality of Trophy Club
Handbook for Elected and Appointed Officials.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Resolution Repealing Resolution No. 2001-01
2. Handbook for Elected and Appointed Officials
170
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2006-____
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS, REPEALING RESOLUTION NO. 2001-01 ADOPTING A
BOARD, COMMISSION AND COMMITTEE HANDBOOK AND ADOPTING A
NEW MUNICIPALITY OF TROPHY CLUB HANDBOOK FOR ELECTED AND
APPOINTED OFFICIALS BY IDENTIFYING BOARDS, COMMISSIONS, AND
CITIZEN ADVISORY GROUPS AND PROVIDING RULES AND
PROCEDURES FOR THOSE GROUPS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Town benefits by having its citizens involved in local
government through service on Town Boards, Commissions and Citizen Advisory
Groups and has established several boards, commissions and citizen advisory groups
that perform various functions for the Town; and
WHEREAS, on or about January 1, 2001, the Town Council approved
Resolution No. 2001-01 which adopted the “Boards, Commissions and Committees
Handbook” regulating the conduct of various boards, commissions and committees
within the Town; and
WHEREAS, since enacting Resolution No. 2001-01, the Town has changed and
updated its practices and has also adopted a Citizen Advisory Group system in
addition to various Boards and Commissions; and
WHEREAS, in order to create consistency and to accurately reflect current
practices, the Town Council finds that it is in the Town’s best interest to repeal
Resolution No. 2001-01 regulating boards, commissions and committees and to
establish new guidelines and procedures for boards, commissions and citizen advisory
groups to utilize when conducting meetings and when generally performing their duties;
and
WHEREAS, the guidelines established in the “Municipality of Trophy Club
Handbook for Elected and Appointed Officials” (hereinafter “Handbook”) are in addition
to those requirements imposed by the Texas Open Meetings Act and other applicable
state law; and
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1: That it is in the best interest of the Town of Trophy Club, Texas, to
adopt the proposed Handbook.
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Section 2. That the Town of Trophy Club, Texas, authorizes the repeal of
Resolution No. 2001-01 and the adoption of the “Municipality of Trophy Club Handbook
for Elected and Appointed Officials” and that a true and correct copy of the Handbook
is attached hereto and incorporated herein as Exhibit “A”.
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 the 6th day of November, 2006.
_______________________________________
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
___________________________________
Town Secretary
Town of Trophy Club, Texas
[Seal]
APPROVED AS TO FORM:
____________________________________
Town Attorney
Town of Trophy Club, Texas
172
EXHIBIT “A”
MUNICIPALITY OF TROPHY CLUB
Handbook for Elected and Appointed Officials
EFFECTIVE DATE: 01/01/2007 REVISION DATE/NO: 01/01/2007 -1
This Handbook is applicable to all paid, non-paid and voluntary positions and seats, to
include; Volunteers assisting with Special Event functions, Citizens Advisory Groups,
Committees, Commissions and Boards.
I acknowledge receiving the Handbook for Elected and Appointed Officials.
__________________________________________ _________
Elected/Appointed Official Signature Date
Return this page to the Town Secretary attached the Texas Open Government Training
Certificates where applicable.
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IInnttrroodduuccttiioonn
In order to achieve its goals, The Town of Trophy Club needs the support of dedicated
citizens who volunteer to serve on boards, commissions and citizen advisory groups.
The Town encourages and appreciates citizens with diversity of ideas and
backgrounds to serve as volunteers.
In accordance of 3.08(e) and 4.16 of the Town Charter, the citizens who serve do so
without compensation, they are appointed to serve after indicating their interest through
the proper application process, and the boards and commissions serve at the
discretion of the Town Council. Citizen advisory groups serve at the discretion of the
staff liaison for that group.
Generally, members of each board, commission or citizen advisory group are charged
with researching pertinent projects and with making recommendations to the Town
Council. Members serve in an advisory capacity. The single exception is the Zoning
Board of Adjustment, which has some quasi-judicial duties. The exact duties and
requirements of each board and commission can be found in the section of this
handbook pertaining to that specific group.
The structure of each board and commission consists of members, a
chair/president and a Town staff liaison and a Town staff liaison for an Advisory
Group.
BBooaarrddss aanndd CCoommmmiissssiioonnss
At present, the Town of Trophy Club has six appointed boards: Economic Development
Corporation A, Economic Development Corporation B, Zoning Board of Adjustment,
Tree Board, Park Board and the Planning and Zoning Commission.
Economic Development Corporations.
The Town has two economic development corporations. Each of these groups submits
an annual budget to the Council regarding the distribution of funds collected from sales
tax designated by voters to be used for economic development and park improvement.
If economic development corporations want to include a new project not listed on the
approved budget, then the economic development corporation will make
recommendations to the Council for approval.
The economic development corporations cannot take action unless a quorum is
present. A quorum is a majority of the voting members of any group. If a group has six
voting members, then at least four members must be present in order for action to be
taken.
Minutes of all meetings will be taken by the staff liaison.
The Zoning Board of Adjustment (ZBA)
174
Is a body that approves special exceptions to the Comprehensive Zoning Ordinance
(CZO) consistent with the general purpose and intent of the CZO and in accordance
with any state law and applicable rules contained in the Ordinance.
When acting in this capacity the ZBA is quasi-judicial. Appeal of a ZBA decision is to a
district court. The ZBA has five regular members and four alternate members serving
two-year terms. Four of five voting members (regular or alternate) must be present to
conduct business. No agenda item may be approved unless four positive votes are
cast.
Minutes of ZBA meetings will be taken by the group’s staff liaison.
Tree Board
The Tree Board exists to care for the Trees in our beautiful town. The board is a group
of concerned volunteers charged by ordinance with developing and administering a
comprehensive tree management program. The board focuses on trees in public
areas such as parks and medians.
Methodology
• enforcement of tree ordinance
• educational opportunities for citizens
• development of comprehensive tree management program
• Arbor Day to celebrate the importance of trees
Projects
• Arbor day planning and education
• Wildflower planting
• Comprehensive tree care and management program
Tree Brochure to provide recommended species, planting and care tips
• Tree Town USA - qualification and application to be completed annually
The Tree Board meets six to eight times a year, as needed. Announcements will
be posted to the Town calendar.
Park Board
The Board exists to allow residents to play a more active role and to provide direct
citizen input to the Parks and Recreation Director for the development of parks and
recreational facilities with the Town.
Methodology
• advisory capacity to council
• advisory capacity to parks and recreation director
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• study and development of recreation areas
• advise and recommend the development of long-range capital
improvement programs
• cooperate with other governmental agencies, civic organizations and all
citizens of the Town in the advancement of sound parks and recreation
planning and programming
• recommend to Town Council amendments to the Parks and Recreation
Ordinance
• annual reports to Town Council
• review and recommend proposed budget for the parks and recreation
department
• adopt and recommend additional rules to Council as necessary
Projects
• recommend standards for areas, facilities, programs and financial support
• review the master planning guide and become familiar with such plan
• solicit grants
• develop and recommend written policies and procedures to Town Council
Planning and Zoning Commission
The Town currently has one commission; the Planning and Zoning Commission plans
and makes recommendations to the Town Council for the orderly growth, development,
and welfare of the Town.
A commission may not take action unless a quorum is present. A quorum is a majority
of the voting members of any group. If a group has six voting members, then at least
four members must be present in order for action to be taken.
Minutes of all meetings will be taken by the group’s staff liaison.
AApppplliiccaanntt RReeqquuiirreemmeenntt ffoorr BBooaarrddss oorr CCoommmmiissssiioonnss
Applicants for boards or commissions must be a registered voter and a resident for six
months. Boards and Commission members must be a Trophy Club resident for at
least six months as well as a registered voter prior to their appointment. With the
exception of the Planning and Zoning Commission, Zoning Board of Adjustment and
the Economic Development Boards, based upon good cause shown, Council may
waive the voter registration requirement for a person appointed to a Board,
Commission, or Citizen Advisory Group that does not make recommendations for
Council approval. The technical expertise of applicants may be a consideration in
gaining appointment.
176
VVaaccaannccyy PPoossttiinngg,, AApppplliiccaattiioonn,, IInntteerrvviieeww aanndd AAppppooiinnttmmeenntt
PPrroocceessss
The following is the Vacancy Posting, Application, Interview and Appointment process
for Economic Development Corporation A, Economic Development Corporation
B, Zoning Board of Adjustment, Tree Board and the Planning and Zoning
Commission.
Posting Process
The Town Secretary will ensure that annual appointments for Boards & Commissions
are posted in the month of June to:
• Announced in the Town Newsletter, a newspaper published by the Town
• Posted on the entrance bulletin boards (marquees on Trophy Club Drive, Trophy
Lake Drive and Trophy Wood Drive)
• Posted on cable’s public information Channel 7
• Posted on the Town’s Web page at: www.ci.trophyclub.tx.us
And the Town Secretary will also:
Notify each member whose term is expiring requested that the complete and Request
for Reappointment Form and return by the prescribed time.
Application Process
Applications will be accepted each year in July.
Member seeking reappointment must submit there desire in writing to the Town
Secretary and Town residents who are interested in a position may request an
application at the Town office. The completed application shall be submitted to the
Town Secretary to be forwarded to the Board and/or Commission staff liaison.
Interview Process
Interviews will occur each year in August.
Staff liaisons will be responsible for scheduling interviews for each candidate who
submits an application for their respective Board and/or Commission. The Board
and/or Commission Chairman will make their groups recommendation to Council for
appointment. When possible the Board and/or Commission’s recommendations will
exceed the number of open seats to allow the Council to make appointments to fill
vacancies due to resignations, within that current year. Members appointed to fill
vacancies serve out the remainder of a predecessor’s term.
At the end of a term, the Council will give members who have successfully served their
Board and desire to continue to serve, first priority of reappointment.
Appointments Process
Appointments will occur each year in September.
177
Council Appointments will occur each year in September for the new terms to begin in
November.
The following is the Vacancy Posting, Application, Interview and Appointment process
for the Parks and Recreation Board.
Posting Process
The Town Secretary will ensure that annual appointments for Boards & Commissions
are posted in the month of August to:
• Announced in the Town Newsletter, a newspaper published by the Town
• Posted on the entrance bulletin boards (marquees on Trophy Club Drive, Trophy
Lake Drive and Trophy Wood Drive)
• Posted on cable’s public information Channel 7
• Posted on the Town’s Web page at: www.ci.trophyclub.tx.us
The Town Secretary will also:
• Notify each member whose term is expiring requested that the complete and
Request for Reappointment Form and return by the prescribed time.
Application Process
Applications will be accepted each year in September.
Member seeking reappointment must submit there desire in writing to the Town
Secretary and Town residents who are interested in a position may request an
application at the Town office. The completed application shall be submitted to the
Town Secretary to be forwarded to the Board’s staff liaison.
Interview Process
Interviews will occur each year in October.
Staff liaisons will be responsible for scheduling interviews for each candidate who
submits an application to the Park Board. The Board Chairman will make their groups
recommendation to Council for appointment. When possible the Board’s
recommendations will exceed the number of open seats to allow the Council to make
appointments to fill vacancies due to resignations, within that current year. Members
appointed to fill vacancies serve out the remainder of a predecessor’s term.
At the end of a term, the Council will give members who have successfully served their
Board and desire to continue to serve, first priority of reappointment.
Appointments Process
Council Appointments will occur each year in November for the new terms to begin in
December.
Term Lengths
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Members serve two-year terms on Economic Development Corporation A, Economic
Development Corporation B, Zoning Board of Adjustment, Tree Board and the
Planning and Zoning Commission.
Members serve three-year terms on the Park Board.
Terms are staggered, with the Council making annual appointments to replace
members whose regular terms expire in any given year.
Maximum number of Appointments
Two appointed Boards and/or Commissions is the maximum number that a person
may serve on at one given time.
Open Government Training
Effective January 1, 2006, elected and appointed public officials are required by a new
state law to receive training in Texas open government laws. The Office of the
Attorney General offers free video training courses, which were developed in
compliance with a mandate from the 79th Texas Legislature. The Attorney General
established the formal training necessary to ensure that all elected and appointed
government officials have a good command of both open records and open meetings
laws.
Each elected or appointed official who is a member of a governmental body subject to
the Open Meetings Act or the Public Information Act must attend training. Additionally,
employees who serve as a governmental body's designated public information
coordinator are required to complete the Public Information Act training course.
Officials who are in office before January 1, 2006 have one year until January 1,
2007 to complete the required training. Officials who are elected or appointed after
January 1, 2006 have 90 days within which to complete the required training.
Staff Liaison's from the individual groups requiring the training will be responsible to
ensure that all members of their group receive the training. Training CDs are available
in the Town Secretary’s office or may be obtained online at:
http://www.oag.state.tx.us/media/videos/play.php?image=2005openrecords&id=150
Certificates of completion need to be maintained by the member's governmental body
and made available for public inspection upon request. The member will need to
confirm that they have received the training, by completing the appropriate certificate of
completion, witnessed by the staff liaison. Once signed, please forward the original
Certificate to me to be kept in permanent records.
More information on Open Government maybe obtained online at the Texas Attorney
General’s Office. (http://www.oag.state.tx.us)
179
NNeeppoottiissmm
A Board Commission, or Chair/President chair cannot be a relative of the Mayor or a
Council Member, as defined herein. On any given Board and/or Commission, only one
member can be a relative of a Council Member. A person is a relative if he/she is
related in the first degree by consanguinity (blood) or by affinity (marriage).
Members of the Economic Development Corporation, Zoning Board of adjustment or
Planning and Zoning Commission cannot be related to a Council member.
GGuuiiddeelliinneess ffoorr MMeemmbbeerrss
All members of boards and or commissions have specific duties and responsibilities.
All members of boards and or commissions are expected to participate in formal and
informal training sessions.
Many Boards and commissions deal with technical issues that can require a foundation
of certain knowledge that must be updated from time to time. The Town will provide
reasonable opportunities for members to acquire and keep current in these training
efforts. Members are expected to participate.
Regular attendance
Effectiveness as a member requires regular attendance. Should a member of a Board
and/or Commission fail to attend three consecutive regular meetings without being
excused by the Board and/or Commission, his/her office may be declared forfeited by
that Board and/or Commission. A member who is unable to attend a meeting shall
notify the staff liaison of his/her inability to attend the meeting and shall provide an
explanation of the conflict or other reason that prevents his/her attendance. Notice to
the staff liaison shall be provided as soon as practicable after the member becomes
aware that he/she will be absent.
It is particularly important that all members attend briefing sessions and work sessions
prior to formal meetings so as to promote effective and efficient meetings. If a member
finds difficulty in maintaining regular attendance, it is suggested that the member
consider whether he/she has sufficient time to be an effective member. It is the
responsibility of a member in this position to initiate a discussion with the chair
/president or staff liaison about attendance.
The chairman of the Board and/or Commission is to maintain a charted attendance
record for all members. If attendance becomes an issue, the staff liaison will attempt to
secure a written resignation.
The staff liaison is responsible for submitting periodic reports to the Town Council on
behalf of Board and/or Commission progress and members attendance.
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Adequate advance preparation for meetings
Members should study the agenda and all support information provided by the staff
prior to each meeting. When a specific property or facility is to be discussed, individual
site visits are encouraged. However, it is inappropriate for a member to initiate an
“individual investigation” of an issue such as interviewing an applicant. Each member
deserves equal access to all information pertinent to the issue at hand. As a result, if
additional investigation of an issue is required, it is the responsibility of the staff to
conduct such investigation and report back with the results to the full membership of
the group.
Avoidance of contacts and individual discussions
It is not uncommon for applicants, opponents, or their representatives to approach
individual members to solicit support or disapproval of a pending issue. These
individual contacts should be avoided. It is the policy of the Town that all members of a
board and/or commission deserve equal access to all information and that any
statement relevant to an issue should be made in an open meeting for the benefit of all
the participants.
Requests for sponsorships/donations/agreements with vendors
Members do not have the authority when asking for donations or making agreements
with vendors to give the impression that they are acting as an agent for the Town.
Furthermore, commission and board members are not permitted to obligate any Town
funds or enter any agreements without prior written approval of the Town Manager or
the Manager’s designee.
Defining and Responding to Conflicts of Interest
Members of boards and/or commissions are subject to provisions of Chapter 171 of the
Local Government Code, pertaining to conflicts of interest. A conflict of interest exists
if a person has a substantial interest in a business entity or an interest in real property
affected by an action.
A “substantial interest in a business entity” is defined as 1) ownership of 10 percent or
more of the voting stock or shares of the business entity or owns either 10 percent or
more or $15,000 or more of the fair market value of the business entity, or 2) funds
received by the person from the business entity exceed 10 percent of the person’s
gross income for the previous year.
A person has a “substantial interest in real property” if the interest is an equitable or
legal ownership with a fair market value of $2,500 or more. A local public official is
considered to have a substantial interest if a person related to the official in the first
degree of consanguinity (blood) or affinity (marriage) has a substantial interest as
described above. If a member has a conflict of interest in a matter, that person can
obtain from and file with the Town Secretary an affidavit stating the nature and extent
181
of the interest and shall abstain from any action or discussion of the matter creating the
conflict. In cases where a conflict of interest is declared, members should physically
leave any meeting while any item causing said conflict is discussed.
Effective Meetings
All members of boards, commissions and committees should familiarize
themselves with the elements of a successful meeting.
These include:
• Having a purpose for the meeting;
• Giving adequate notice; Public notice when required;
• Preparing for the meeting in advance;
• Preparing an agenda;
• Allowing for appropriate participation from all parties;
• Selecting an appropriate meeting place;
• Determining the outcome or results of the meeting; and
• Keeping an accurate record of all proceedings;
• Keeping discussion focused on items listed on the agenda.
Members should avoid common mistakes that can make meetings unproductive,
including but not limited to:
• Lack of control at the meeting, appearing unfair, being unable to bring issues to
a vote and wasting people’s time.
• The staff and Chair are responsible for compliance with the Texas Open
Meetings law.
Meetings of all boards, commissions and committees are open to the public. Prior to
initiating a closed or “Executive Session,” the staff liaison and chair shall receive
approval from the Town Manager and Town Attorney.
Prior to any meeting, the chair and staff liaison shall prepare an agenda describing
actions to be taken by the group. The agenda shall be prepared in a format approved
by the Town Attorney and shall be posted on the front glass display area of the
Municipal Utility District Building in accordance with state law at least 72 hours prior to
the meeting.
The prescribed order of a meeting should be:
Approval of minutes from prior meeting; public hearings; recognition of visitors; new
business; old business; and recess and adjournment.
Prior to the meeting, the staff shall prepare and distribute complete and accurate
information pertaining to any action being requested of the board, commission or
committee. Some action items require public hearings, and advance communication
shall be established with the Town staff to ensure that the hearings are properly
advertised as required by law. Any public notice of a board, commission or committee
meeting that is required by law must be prepared and advertised by Town staff.
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The chair or staff liaison shall arrange for an appropriate meeting location. Said
location should include proper lighting, voice, temperature control, adequate facilities
and seating for the anticipated audience participation, and facilities for display of
information.
The chair shall allocate sufficient time for both applicants and opponents of an issue to
present their information. Regardless of whether a contemplated issue is listed as a
public hearing item or not, interested parties should be given a reasonable opportunity
to present their information and opinions, unless the group is meeting in a workshop
session. The chair must allocate and manage the time to be allotted and shall use
discretion based upon the agenda and other factors. It is appropriate for the chair to
ask persons to refrain from repeating information.
The chair shall endeavor to see that all persons attending or participating in meetings
are treated with respect and dignity. All members must refrain from prejudicial or
stereotypical comments. All members must refrain from questioning that takes the form
of “badgering” or “debating” with those providing testimony.
All members need to be cautious of publicly representing their positions beyond the
scope of the business at hand. The official position of the Town shall only be
represented by Town staff as established by the Town Council.
Conduct in meetings
Board and/or Commission members should act in a professional manner. If a resident
visits a meeting and presents a complaint to the Board and/or Commission at a
meeting the information should be taken and referred to staff to reply to the resident.
Rules of Decorum
Recognition by Chairman: No person shall address the Board and/or Commission
without first being recognized by the Chairman.
Order: While the Council is in session, the members must preserve order and
decorum, and a member shall neither, by conversation or otherwise, delay or interrupt
the proceedings or the peace of the Town Council nor disturb any member while
speaking or refuse to obey the orders of the Chairman/Mayor. Members of the Town
Council shall not leave their seats during a meeting without first obtaining the
permission of the Chairman/Mayor.
Chairman May Debate and Vote: The Chairman may move only to such limitations of
debate as are the rights and privileges of a member by reason of his acting as the
Chairman. If the Chairman is engaged in debate and is abusing his position as
chairman, at the insistence of any three members, the Chairman member must
relinquish the chair in accordance with provisions of Robert’s Rules of Order Newly
Revised.
183
Getting the Floor, Improper References to be Avoided: Every member desiring to
speak shall address the chair, and upon recognition by the Chairman shall confine
himself/herself to the questions under debate, avoiding all personalities and
inappropriate language.
Interruptions: A member, once recognized, shall not be interrupted when speaking
unless it be to call the member to order, or as herein otherwise provided. If a member,
while speaking, is called to order, the member shall cease speaking until the question
of order be determined and, if in order, the member shall be permitted to proceed.
PARLIAMENTARY MOTIONS AND PRECEDENCE
Requires 2nd
Debatable
Amendable
A Majority Vote
of Those Present
1. To adjourn Yes No No Yes
2. To take a recess Yes No Yes Yes
3. To commit, refer, or
recommit to committee
Yes Yes Yes Yes
4. To amend Yes Yes Yes Yes
5. To amend an amendment Yes Yes No Yes
6. To postpone indefinitely Yes Yes No Yes
7. To table Yes No No Yes
8. Calling the question No No No Yes
9. Objecting to consideration
of a question
No No No 2/3
Resignations
When a board and/or commission member resigns, a letter of resignation should be
submitted to the Commission and/or Board Chairman. The chairman will forward the
letter to the staff liaison who will then forward on to the Town Secretary.
Freedom of Expression
All citizens should feel free to express their opinions in an appropriate and professional
manner. Members of commissions, and boards which are required by law to make
judgments and/or render decisions relative to issues that are presented to them must
act fairly and equitably, as well as maintain a perception of fairness and equality and
must refrain from interjecting their own personal bias. Should questions or concerns
relative to fairness and/or personal bias issues arise, the appropriate chair or staff
liaison must implement the necessary steps to settle the issue(s) equitably. If the
chair/president or staff liaison cannot remedy the issue, the Town Manager is
consulted for resolution. In the event that the issue(s) cannot be resolved satisfactorily,
the issue(s) must be presented to the Town Council for final settlement.
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Responsibilities of the Chair
Each board and/or commission group shall have a chair/president. A Board and/or
Commission at the Council’s discretion may be asked to make a recommendation for a
chair with the final determination left to the Council. The chair should have some
experience as a member of the group. The Planning and Zoning Commission’s chair
will be determined entirely by the Council.
The chair must act as the “leader” and take responsibility for the group’s efficient and
meaningful operation. The chair must ensure that roles are clearly spelled out,
meetings are efficiently conducted and necessary information is readily available,
which helps create a good working environment.
The chair should manage the meeting to ensure that:
• A few members do not monopolize discussion or questions
• Appropriate time is taken for presentation and discussion
• Dialogue and interactions are maintained in a courteous and professional
manner
• Minutes of each Board and Commission meeting are taken and maintained by
the staff liaison
• Staff is treated with respect by members at all times
• Discussion is limited to those items on the agenda, provided however that the
Chair/president or staff liaison may place any such item not posted on a future
agenda for discussion
• All commission and board meetings are to be taped
The chair/president must ensure that effective communication exists between Board
and/or Commission, Council, staff and the public. This requires frequent interaction
with the staff assigned to support the Board and/or Commission. The chair is
responsible for ensuring that that the staff liaison is efficient in providing requested
technical assistance and information to members. This includes helping to develop
appropriate rules and procedures for the group in order to complete its duties. It also
requires preparation of proper meeting notices and agendas, gathering and relaying
pertinent information in a timely fashion to members and providing support at meetings.
If the staff liaison is not effectively operating in this manner, the chair should first
discuss the issue with the appropriate department manager. If satisfactory results are
not achieved, the chair should next contact the Town Manager.
It is the responsibility of the chair to be mindful of the attendance, actions, and activities
of individual members as well as to discuss with these members any deviations from
the rules. The chair or designated representative of the committee is responsible for
making an oral monthly report to the Town Council regarding the activities of his/her
group.
The chair is responsible for communicating to the staff liaison any requests that need
to be placed on the Town Council agenda for consideration. The staff liaison will
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submit an agenda request for the Town Council after being directed to do so by the
chair.
The chair, Council liaison and staff liaison will define the scope, objectives and criteria
for completion of any project to be undertaken by the group. This should be done prior
to the initiation of the project.
The chair oversees any required financing of special events planned by the group. Any
group that schedules special events requiring funding must prepare a budget, submit it
to the Director of Finance and complete a recap summary of the actual expenditures.
It is the responsibility of the chair to ensure that this is done. A budget estimate must
be included as part of the Town annual budget. The recap must be submitted no more
than 30 days after the event. When donations for special events are requested from
sponsors, it must be made clear to the sponsor that the donation is being asked for on
the committees’/events’ behalf.
The chair must regulate any communication between members of the Board and/or
Commission and vendors to ensure members of the group in no way obligate the Town
to the expenditure of funds.
Responsibilities of the Staff Liaison
A member of the town staff will be assigned to each commission, board or committee.
The staff member does not assume the responsibility or task of the group. Rather, the
staff member provides information that group members need to perform their
obligations. The staff member also serves as a communication link between members
of the group and the Town staff.
The staff liaison helps promote coordination and understanding by collecting the ideas
and goals of members.
The staff member may also:
• Assist the chair in the formulation of the agenda and ensure that presentations
to the members are timely and adequate;
• Prepare agenda requests for Council meetings;
• Assist members in planning and preparing presentations;
• Assist members in understanding community issues and how those issues may
vary from neighborhood to neighborhood;
• Provide clerical support as needed;
• Develop agenda, take minutes and maintain minutes for public record; and
• Must ensure that all meeting needs, including location, are properly reserved
and provided.
CCIITTIIZZEENN AADDVVIISSOORRYY GGRROOUUPPSS
Each citizen advisory group has a specific purpose as explained by the group’s mission
statement, and members work on a variety of projects and make recommendations to
the Town Council regarding their group’s specific area through their staff liaison.
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Members of most citizen advisory groups serve one-year terms. The only exceptions
are members of the Utility Franchise Committee and the Ways and Means Committee,
who serve two-year terms.
Consistent with Resolution 2003-43, which passed on November 17, 2003:
• Citizens Advisory Group System will be utilized for those groups identified in the
organizational chart attached hereto and incorporated herein as Exhibit “A”, and
all other commissions and boards shall continue to exist and function under the
current Board and Commission System; and
• Citizens Advisory Group System shall be structured in accordance with Exhibit
“A”, and shall be implemented and conducted in accordance with an
implementation plan developed by Staff and approved by Town Council;
Advisory Group Implementation
• Current committee members move to the newly established Advisory Groups
• Attrition will be used to reduce the committees to the recommended 5 members
• Staff administrators with guidance of their advisory groups will determine their
regular meeting schedule with at least two publicly scheduled meetings a year.
Other meetings may be held by phone, e-mail, or in person as needed
• Application process will remain the same with inquiries on vacancies going
directly to the Town Secretary for distribution to the appropriate staff
administrator for the interview and selection process.
• Additional criteria will be added to the performance reviews of staff
administrators to ensure the effective utilization of the advisory groups.
• Staff administrator in conjunction with the Advisory Group will give biannual
reports to the Council on the status of operations and programs of the advisory
groups.
Citizens Advisory Group
Public Safety
Director
Police and
Fire Services
(or Designee)
Citizens Advisory Groups
Administration
Special Events
Town
Manager
(or Designee)
Citizens Advisory Group
Ways and Means
Finance
Director
(Or Designee)
Citizens Advisory Groups
Public Works
Utility Franchise
Friends of Library
Community
Development
Director
(Or Designee)
Citizens Advisory Group
Infomation Systems
Information
Technology
Manager
(Or Designee)
Town
Manager
Town
Council
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After the first year, all the Advisory Group participants will be asked to complete a
survey that evaluates the system including areas such as effectiveness of
communication, accomplishments of the groups and weaknesses of the system. This
information will be used to determine what if any changes need to be made to make
the system more effective.
Member Responsibilities
• Review, Discuss, Analyze and Recommend Items to Staff Administrator for
Town Council Consideration
• Request Item(s) To Be Added to the Group Meeting Agenda
• May Be Requested to Participate in Special Assignments and Projects
• May Be Requested to Assist Other Citizens Advisory Groups
• Participates in Presentations at Workshops, Town Council and Town Hall
Meetings
• Member May Be Appointed Acting Chairperson in the Absence of the Staff
Administrator
Staff Administrator Responsibilities
• Establishes a Citizens Advisory Group Not To Exceed Five (5) Core Members
• Interviews, Selects and Replaces Individuals for the Citizens Advisory Group
• Responsible for Planning, Scheduling and Conducting Meetings on a Consistent
Basis
• Prepares Citizens Advisory Group Meeting Agenda
• Staff administrators will be responsible for publicizing advisory group vacancies
via the website, ListServe, marquees and newsletter
• Provides Appropriate Orientation for Advisory Group Members
• Presents Items to the Town Council for Action
• Town Council Reviews, Discusses and Votes to Approve or Disapprove
Recommended Items
• Communicates Citizens Advisory Group Activities to the Community
• Schedules, Conducts and Participates in Semi-Annual Town Hall Meetings
EETTHHIICCAALL CCOONNDDUUCCTT
Definitions:
Board means a board, commission or committee established or appointed by
resolution, ordinance, charter or Town council.
Elected or Appointed Officials means the Mayor, Town Officials, Board Members.
Relative means a parent, step-parent, parent-in-law, child, step-child, children-in-law,
spouse, brother, sister, aunt, uncle, brother-in-law, sister-in-law, niece, nephew,
cousin, grandparent, grandchild.
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Policy
The office of elected and appointed officials is one of trust and service to the citizens of
The Town of Trophy Club. In response to this unique challenge, Town officials shall
govern the Town in a manner that preserves the values and integrity of representative
government and local democracy. The following ethical principles will govern the
conduct of every elected and appointed official.
Officials shall:
1. Be independent, impartial and responsible only to the people of the
Town, recognizing the chief function of local government is to serve the
best interests of all the citizens of The Town of Trophy Club.
2. Make decisions and policies using proper procedures of governmental
rule.
3. Remain nonpartisan.
4. Dedicate themselves to the highest ideals of integrity and honor.
5. Dedicate themselves to be cooperative and constructive.
6. Make the best and most efficient use of available resources.
7. Declare and record any Conflict of Interest and refrain from voting, except
on procedural motions, on conflicting agendas in accordance with
Chapter 171, Texas Local Government Code.
8. Abstain from voting if they personally provide services for compensation
to a person or business that is requesting approval from the council, a
board or commission.
Officials Shall Not:
1. Use the position in public office for personal gain and will not seek or
accept gifts or special favors.
2. Misuse confidential information or public funds.
3. Use the position of public office to secure privileges or exemptions for
themselves or others.
4. Disclose proprietary information that could adversely affect the property
or affairs of the Town.
5. Transact business on behalf of the Town in an official capacity with any
business in which they are an officer or have an interest.
189
6. Use the official position or Town-owned facilities, personnel or equipment
for private purposes or personal advantage.
Nepotism
Nepotism is showing favoritism toward a relative. The practice of hiring personnel or
awarding contracts which favor a relative is prohibited by the Town. Exclusions to this
prohibition are:
a. Employees who have been continuously employed by the Town for more
than two years prior to the election or appointment of the official.
b. Individuals who are employees of the Town as of the effective date of this
policy.
Misuse of Official Information
Elected or appointed Town officials or former Town officials will not use accessible
confidential information (property, operations, policies or affairs of the Town, including
any affiliates of the Town) which has not been made public, to advance any personal
financial interest.
Standards of Conduct for Appointed and Elected Official
1. Officials will work to preserve order and decorum, and will not interrupt or delay
proceedings.
2. Officials will demonstrate respect and courtesy to each other, to Town staff
members and to members of the public appearing before the Council.
1. Officials will avoid using inappropriate language, refrain from personal attacks and
refrain from verbal abuse of other Officials, staff members or members of the public.
2. Officials will not use their position to secure special privileges and should avoid
situations that create a perception of bias and partiality to a question before the
Council.
3. Officials will not condone unethical or illegal activity.
Penalties for Violations
1. Except where otherwise provided by state law, it is not the intent of this policy that
violations are subject to criminal penalties.
2. At such time that the Town Council determines that any appointed official has
violated any provision of this policy, that official shall be subject to discipline,
190
including forfeiture of his/her office or position. Nothing in the policy will be
construed to prohibit the official from being re-appointed to any capacity under the
provisions of this policy.
3. At such time that the Town Council determines that an elected official has violated
any provision of this policy, that official shall be subject to disciplinary action as
prescribed by State law.
4. The Town Council may exempt from the provisions of this policy any conduct found
to constitute a violation by an appointed official, if it finds that enforcement of this
policy with respect to such conduct is not in the public interest.
5. Any contract or transaction which was the subject of an elected or appointed
official’s act or action of the Town in which there is or was an interest prohibited by
this policy, or which involved a violation of this policy, shall be voidable only in
accordance with Local Government Code 171.006.
6. If a violation of this policy occurs, an action or proceeding may be brought against
the elected or appointed official found in violation in accordance with State law.
All elected and appointed officials agree to uphold the intent of this policy and govern
their actions accordingly.
191
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-6-2006
Subject: Agenda Item No.D.5
Discuss and provide input regarding an ordinance levying a tax on the
occupancy of hotel rooms as allowed by State law.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Ordinance Draft
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SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
DEFINITIONS
As used in this Chapter, the following words, terms, and phrases are defined as
follows:
2.01 Chief Financial Officer means the Finance Director for the Town of Trophy
Club or his or her designee.
2.02 Hotel means a building in which members of the public obtain sleeping
accommodations for consideration. The term includes a hotel, motel, tourist home,
tourist house, tourist court, hostel, lodging house, inn, rooming house, or bed and
breakfast. The term does not include:
(1) a hospital, sanitarium, or nursing home; or
(2) a dormitory or other housing facility owned or leased and operated by an
institution of higher education or a private or independent institution of higher
education as those terms are defined by Section 61.003, Education Code,
used by the institution for the purpose of providing sleeping accommodations
for persons engaged in an educational program or activity at the institution.
2.03 Interruption of payment means a breach of the obligation to make continuous
timely payment for one or more days or parts of a day within a period of thirty (30)
consecutive days of occupancy.
2.03 Permanent Resident means an occupant(s) whose use, possession or
whose right to use or possession of a hotel sleeping room extends for at least thirty
(30) consecutive days and where there is no interruption of payment for the period.
2.04 Person means any individual, company, firm, corporation, association or
legal entity owning, operating, managing or controlling any hotel as defined herein.
2.05 Quarterly Period means the regular calendar quarters of the year, the first
quarter being composed of the months of January, February, and March, and the
second quarter being the months of April, May and June, the third quarter being the
months of July, August and September, and the fourth quarter being the months of
October, November and December.
2.06 Revenue includes any interest derived from the revenue or tax.
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SECTION 3.
LEVY OF TAX
3.01 Tax Rate. There is hereby levied a tax upon the cost of occupancy of any room
ordinarily used as a sleeping room furnished by any hotel within the Town of Trophy
Club where such cost of occupancy is at the rate of $2.00 or more each day, such tax
to be equal to the maximum tax as is now or as hereafter permitted by State law.
3.02 Room Price. The price of a room in a hotel does not include the cost of
food served by the hotel, the cost of personal services performed by the hotel for the
person, except for those services related to cleaning and readying the room for use or
possession, any tax assessed by any other governmental agency for occupancy of the
room, or the cost of any other products or services not included in or allowed as a part
of the price of a room.
3.02 Permanent Resident Excluded. The tax does not apply to a person who is a
permanent resident as defined herein.
3.03 Extraterritorial Jurisdiction. Pursuant to state law, the tax authorized by this
Chapter shall be imposed on all hotels located within the extraterritorial jurisdiction of
the Town of Trophy Club; provided that the combined rate of state, county, and
municipal hotel occupancy taxes in the extraterritorial jurisdiction does not exceed
fifteen (15) percent of the price paid for a room in the hotel.
3.04 Collection and Remittance. The revenue obtained by a hotel as a result of
this tax shall be collected by the hotel and paid to the Town quarterly. A report shall be
filed with the Town in the form required by the Town to accurately reflect the amount of
taxes owed and revenue obtained. The tax and report shall be submitted to the Town
on or before the last day of the month following each quarterly period. The Chief
Financial Officer shall have the authority to make such rules and regulations as are
necessary to effectively collect, the tax, penalty and/or interest levied by this Chapter
and state law.
3.05 Collection Procedures on Purchase of Hotel. If a person who is liable for the
payment of a tax under this Chapter is the owner of a hotel and sells the hotel, the
successor to the seller or the seller’s assignee shall withhold an amount of the
purchase price sufficient to pay the amount due until the seller provides a receipt by
the Town’s Chief Financial Officer showing that the amount has been paid or a
certificate showing that no tax is due. The Town’s Chief Financial Officer shall issue
the certificate or statement not later than the 60th day after the date that he/she
receives the request. Failure of the Chief Financial Officer to timely provide the
certificate or statement required by this section shall release the purchaser form the
obligation to withhold the purchase price or pay the amount due. The purchaser of a
hotel who fails to withhold an amount of the purchase price as required by this Chapter
194
and state law is liable to the Town for the amount required to be withheld to the extent
of the value of the purchase price.
SECTION 4.
EXEMPTIONS AND REFUNDS
4.01 Exemptions. This Chapter does not impose a tax on any of the following
occupants:
a. Qualifying Religious, Charitable or Educational entities. A corporation or
association that is organized and operated exclusively for a religious,
charitable, or educational purpose if not part of the net earnings of the
corporation or association inure to the benefit of a private shareholder or
individual. For purposes of this exemption, a public or private institution of
higher education is organized and operated exclusively for an educational
purpose only if the institution is defined as a Texas institution of higher
education or as a Texas private or independent institution of higher
education under any subdivision of Section 61.003, Texas Education Code,
as amended.
b. United States Government. The United States Government agencies and
their officers or employees when traveling or otherwise engaged in the
course of official duties for the governmental entity.
c. Military Personnel. Military personnel traveling on official military business.
d. Qualifying State of Texas entities. The state of Texas, or any agency,
institution (excluding state educational institutions), board or commission of
the State of Texas and their officers or employees when traveling or
otherwise engaged in the course of official duties. Notwithstanding the
foregoing, a state governmental entity described by this section shall pay the
tax imposed by this Chapter but is entitled to a refund of the tax paid.
e. Qualifying State Officer or Employee. A state officer or employee of a
state governmental entity described by section (d) above who is entitled to
reimbursement for the costs of lodging and for whom a special provision or
exception to the general rate of reimbursement under the General
Appropriates Act applies and who is provided with photo identification
verifying the identity and exempt stats us of the person is exempt from the
payment of the tax.
f. Diplomatic Personnel. Diplomatic personnel who present a tax exemption
card issued by the United States Department of State
g. Occupants Qualifying as Permanent Residents. Occupants whose use,
possession or whose right to use or possession of a hotel sleeping room
extends for at least thirty (30) consecutive days and where there is no
interruption of payment for the period.
h. Exemption Certificate Received in Good Faith. The right to use or
possess a room in a hotel is exempt from taxation under this Chapter if the
person required to collect the tax receives, in good faith from a guest, an
exemption certificate stating the following qualifications for an exemption:
the person is a state officer or employee of a state governmental entity
195
described in subsection (d) above for whom a special provision or exception
to the general rate of reimbursement under the General Appropriations Act
applies and who is provided with photo identification verifying the identity and
exempt status of the person is not required to pay the tax and is not entitled
to a refund.
4.02 Refunds. Refunds are allowed as provided by state law and shall be subject to
the following regulations:
A. Time Limitation. A governmental entity claiming a refund may file a
refund claim with the Town only for each calendar quarter for all
reimbursements accrued during that quarter. Claims filed outside of this
time period will not be reimbursed.
B. Refund Form. In order to receive a refund, the governmental entity
entitled to the refund shall file a refund claim on a form provided by the
Town and containing the information required by the Town as prescribed
by the rules of the state comptroller.
SECTION 5.
REPORTS / RECORDS
5.01 Records / Audit. Every hotel within the Town shall keep and maintain accurate
records of the consideration and hotel occupancy tax paid by the occupant of each
sleeping room in the hotel. Such records shall include, but not be limited to, guest
folios, tax exemption certificates, and any original documents such as posting ledgers
and rate and stay adjustment reports. These reports may be retained in any
retrievable format, including but not limited to micro form and shall be maintained for a
period of not less than four (4) years; and shall be available for inspection upon request
by any employee, agent, officer or representative of the Town at all reasonable times.
Any adjustments or allowances made or granted shall be reported to the Town of
Trophy Club on a form provided by the Finance Department.
5.02 Compliance. It shall be unlawful for any person to fail to perform an act
required by this Chapter, including but not limited to compliance with the requirements
to collect, pay and accurately report, taxes as required by this Chapter and state law.
SECTION 6.
TAX COLLECTION
6.01 Suit. The Town Attorney or other attorney acting on behalf of the Town is
authorized to bring suit against a person who is required to collect the tax imposed by
this Chapter and pay the collections over to the Town and who has failed to file a tax
report or pay the tax when due in order to collect the tax not paid or may enjoin the
person from operating a hotel in the Town until the tax is paid or the report filed in
196
accordance with a Court order. In addition to the amount of any tax owed under this
Chapter, the person is liable to the Town for:
A. The Town’s reasonable attorney’s fees;
B. The costs of an audit conducted under section 5.02 as determined by the
Town using a reasonable rate, but only if the tax has been delinquent for at
least two complete municipal fiscal quarters at the time the audit is
conducted; and
C. A penalty equal to fifteen (15) percent of the total amount of the tax owed.
6.02 Audit. If the person required to file a tax report under this Chapter does not file
the report as required by the Town, the Town Attorney or other attorney acting for the
Town may determine the amount of tax due under this Chapter by:
A. Conducting an audit of each hotel in relation to which the person did not file
the report as required by the Town; or
B. Using the tax report filed for the appropriate reporting period under Section
156.151 of the Texas Tax Code, as amended.
The authority to conduct an audit under this section is in addition to any other audit
authority provided y statute, charter, or ordinance.
6.03 Statute of Limitations. A limitation period relating to the time allowed to asses
taxes and bring a suit to collect taxes does not apply to a tax imposed under this
Chapter or to a suit brought under this section.
SECTION 7.
USE OF TAX REVENUE
7.01 Revenue from municipal hotel occupancy tax may be used only to promote
tourism and the convention and hotel industry, and that use is limited to the following:
(A) Convention/Visitor Facilities. The acquisition of sites for the
construction, improvement, enlarging, equipping, repairing,
operation, and maintenance of convention center facilities or visitor
information centers, or both;
(B) Furnishings. The furnishing of facilities, personnel, and materials
for the registration of convention delegates or registrants;
(C) Advertising and Promotions. advertising and conducting
solicitations and promotion programs to attract tourists and
convention delegates or registrants to the town or its vicinity;
(D) Arts. The encouragement, promotion, improvement and
application of the arts, including instrumental and vocal music,
dance, drama, folk art, creative writing, architecture, design and
allied fields, painting, sculpture, photography, graphic and craft
arts, motion pictures, radio, television, tape and sound recording,
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and other arts related to the presentation, performance, execution,
and exhibition of these major art forms;
(E) Historic Purposes. Historical restoration and preservation
projects or activities or advertising and conducting solicitations and
promotional programs to encourage tourists and convention
delegates to visit preserved historic sites or museums:
i. At or in the immediate vicinity of convention center facilities or
visitor information centers; or
ii. Located elsewhere in the Town or its vicinity that would be
frequented by tourists and convention delegates;
(F) Other. Other qualifying uses as set forth in Section 351.101 of the
Tax Code, as amended.
7.02 Daily Operations. Hotel occupancy tax revenue spent for a purpose
authorized by this Section may be spent for day-to-day operations, supplies, salaries,
office rental, travel expenses, and other administrative costs only if those
administrative costs are incurred directly in the promotion and servicing expenditures
authorized under Section 7.01 above.
7.03 Allocation of Revenues. Allocation of tax revenues for the purposes specified
in Section 7.01(C) above shall be in an amount not less than the amount of revenue
received by the Town from the tax at a rate of one (1) percent of the cost of a room.
SECTION 8.
PENALTY
Any Person who violates this Ordinance shall be guilty of a misdemeanor and
each day the violation is allowed to exist or continues to exist shall be a separate
offense. Each such offense shall be punishable by a fine not to exceed $500.00. The
penalties provided in this ordinance are cumulative of any other remedies and/or
actions for collection available to the Town by law
198
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-6-2006
Subject: Agenda Item No.D.6
Discuss and take appropriate action to approve the October 10, 2006
Minutes.
EXPLANATION:
Council member Edstrom was absent from this meeting, therefore item was not place
on the Consent Agenda.
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. October 10, 2006 Minutes
199
MINUTES OF A SPECIAL SESSION TOWN COUNCIL MEETING
FOR THE
TOWN OF TROPHY CLUB
Tuesday, October 10th, 2006
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Special Session on Tuesday, October
10, 2006. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Roger Williams Mayor Pro Tem
Pam Cates Council Member
Gregory Lamont Council Member
Philip Sterling Council Member
TOWN COUNCIL MEMBERS ABSENT:
Susan Edstrom Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Roger Unger Finance Director/Assistant Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Danny Thomas Fire Chief
Carol Borges MUD 2 Director
A.1 Mayor Sanders called the Special Session to order at 7:03 p.m. noting a quorum was present.
A.2 Mayor Sanders gave the Invocation.
A.3 Council member Lamont led the Pledges.
Mayor Sanders suggested that the Executive Session was unnecessary. There were no objections from
either the Council members or the Town Manager.
The Town Council did not enter into Executive Session and proceeded to Item B.2.
EXECUTIVE SESSION
B.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (2)
"Consultation with Attorney", the Town will enter into executive session relative to:
(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]).
200
(1) Extraterritorial jurisdiction, official boundary map, consent or denial of annexation and
legal action regarding Town boundaries and water supply.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION.
*REGULAR SESSION
B.2 Discuss and take appropriate action to adopt an Ordinance designating the Extraterritorial
Jurisdiction of the Town and adopting an official map of the Town showing the Town’s
boundaries and extraterritorial jurisdiction.
Town Manager Emmons explained that staff looked at the existing Town boundaries and confirmed that
the ETJ recommended for approval does not conflict with Flower Mound or Southlake. Emmons
suggested that the ETJ start at a one half-mile radius, as this is what Westlake previously
relinquished to the Town.
Mayor Sanders provided that several weeks ago Municipal Utility District 2 received a request from a
developer for a piece of land that was not in any of the surrounding cities; however the ETJ was
in Denton County. Mayor Sanders added that the Town never took formal action designating the
ETJ after it was relinquished by Westlake.
Motion made by Williams, seconded by Lamont adopting an Ordinance designating the Extraterritorial
Jurisdiction of the Town and adopting an official map of the Town showing the Town’s
boundaries and extraterritorial jurisdiction.
Town Attorney Adams clarified that the law allows up to a one-mile radius, to be respectful of other
boundaries; the staff is recommended only a one half-mile radius.
Town Manager Emmons added that the boundaries belong to the Corp of Engineers. The Town could
not enforce land use, however the Town’s subdivision controls, in terms of infra structure would
apply to the people in this ETJ.
Mayor Pro Tem Williams asked about annexing into the Town. Emmons answered that this could be
accomplished; that it would take up to 90 days, as Public Hearings would need to be held. MUD
2 is able to annex quicker as they are not subject to Public Hearings.
Mayor Pro Tem Williams believes that it makes since to annex this piece of land into Trophy Club and
requested that staff pursue annexation.
Town Manager Emmons explained that MUD 2 is not allowed to provide services outside of their ETJ
without annexation of the controlling body. Emmons referred to page 11 of the packet, stating
that under the Water Code MUD 2 needs formal consent, in writing in order to provide services
to residents in this ETJ.
Council member Lamont thanked Carol Borges, MUD 2 Director for extending their meeting last week to
allow the Town time to get all of the facts.
Motion passed unanimously to approve Ordinance Number 2006-42, without further discussion.
B.3 Discuss and take all appropriate action regarding the approval or denial of consent to the
proposed annexation of land into MUD 2, described as 12.2346 acres of Medlin Survey, A-832,
as requested by Southwest TOA, LLC.
Town Manager Emmons explained that this Resolution is the Town’s formal consent to the annexation of
land into MUD 2.
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Motion made by Lamont, seconded by Cates to approve a Resolution consenting to annexation of land
into MUD 2, described as 12.2346 acres of Medlin Survey, A-832, as requested by Southwest
TOA, LLC.
Mayor Pro Tem Williams questioned if the land had been platted. Mayor Sanders confirmed that it has
not been platted and Shelia McQueen is the property owner. Town Manager Emmons added
that since the property in question is not officially declared as the Town’s ETJ, it has not been
submitted to the Town for platting. The developer should be bringing it in to the Town in next
couple of days.
Motion passed unanimously to approve Resolution Number 2006-20 without further discussion.
D.1 Adjourn.
Motion made by Lamont, seconded by Sterling to adjourn.
Meeting adjourned at 7:24 P.M.
* The Town Council may convene into executive session to discuss posted items as allowed by the
Texas Open Meeting Act, LGC.551.071
______________________________________ ______________________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-6-2006
Subject: Agenda Item No.D.7
Discuss and take appropriate action to approve the October 22, 2006
Minutes.
EXPLANATION:
Council member Sterling was absent from this meeting, therefore item was not place
on the Consent Agenda.
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1.October 2, 2006 Minutes
203
MINUTES OF JOINT WORKSHOP SPECIAL SESSION BETWEEN TOWN COUNCIL AND THE
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
And TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2
dba TROPHY CLUB MASTER DISTRICT AND SPECIAL SESSION FOR THE TOWN COUNCIL AND
MASTER DISTRICT FOR THE TOWN OF TROPHY CLUB AND SPECIAL SESSION FOR THE TOWN
COUNCIL AND MASTER DISTRICT FOR THE TOWN OF TROPHY CLUB
SUNDAY, OCTOBER 22, 2006
1:00 P.M.
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club and the Board of Directors of the Trophy Club Master
District of the Town of Trophy Club, Texas, met in a Workshop/Special Session on Sunday, October 22,
2006. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Roger Williams Mayor Pro Tem
Pam Cates Council Member
Susan Edstrom Council Member
Gregory Lamont Council Member
TOWN COUNCIL MEMBERS ABSENT:
Philip Sterling Council Member
MASTER DISTRICT DIRECTORS PRESENT:
Jim Thomas Vice Chairman
Jim Hase Secretary/Treasurer
Carol Borges Secretary/Treasurer
James Budarf Board Member
Kevin Carr Board Member
Dean Henry Board Member
Connie White Board Member
MASTER DISTRICT DIRECTORS ABSENT:
Gary Cantrell Chairman
Neil Twomey Board Member
Andy Hayes Board Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Roger Unger Finance Director/Assistant Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Walter Fitzpatrick District Manager
Bob West MUD Attorney
Mehrdad Moayedi Centurion Development Group
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Robert Murray Centurion Development Group
A.1 Mayor Sanders announced a quorum and called the meeting to order 1:10 P.M.
A.2 Chairman Thomas announced a quorum and called the meeting to order at 1:10 P.M.
TOWN COUNCIL AND MASTER DISTRICT TO CONVENE INTO A WORKSHOP SESSION
WORKSHOP SESSION (1:00 – 3:00)
B.1 Joint workshop between Town Council and Master District to discuss water and waste water
services for all future development within the Town, including the Highlands at Trophy Club.
Director Budarf confirmed that the two pods in MUD2, identified as 10 and 11 and are not part of this
agreement.
Both Director Budarf and Chairman Thomas believe that the water tank needs to be mentioned in the
agreement, even if it is listed in the PID.
Town Manger Emmons thinks that the water tank should be left out of the agreement as it will be owned
by the Town and may be included in the PID.
Director White stated that the water tank was included in the letter from Centruion that they reviewed the
other night and feels that it is reasonable to include.
Director Henry does not feel that it is necessary to include in the agreement as the infrastructure will be
owned by the Town.
Finance Director Unger suggested that a statement reflecting that the MUDs would have no provisions to
serve any of the infrastructures in the PID areas, be added to the motion.
Mayor Pro Tem Williams feels that although the proposed PID may include the water tower that it should
be added to the agreement.
Director White questioned why this is different. Currently the developer builds the infrastructure and
then deeds it over to the MUDs. Mayor Sanders explained that it would be deeded to the Town,
which would put the Town in the water and wastewater business and the Town would purchase
these services from the MUDs.
Town Manger Emmons advised that Frank Crum with Fort Worth would like some assurance that if the
Town buys Fort Worth water through the MUDs there would not be any long term issues. Fort
Worth would still bill the Master District for water who would then bill the Town.
MUD Attorney West said that this contract would be similar to the contract the Master District previously
had with Southlake to provide water and wastewater to the area of land around Sabre, as it was
outside both boundaries of the MUD and Town.
Director White confirmed that the Town would have total maintenance responsibilities.
Town Manager Emmons commented that this is the first step in a multi step process and is to determine
the cost up front. First the rate has to be established and then negotiations begin in the
developer’s agreement, after that the Town will enter into a separate agreement with the Master
District for services.
Director Budarf said that the Master District is guaranteed by both MUDs and tax dollars to cover all
maintenance costs.
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Director Hase added that the water rates cover normal maintenance but not extreme maintenance items
for which both MUD1 and MUD2 contribute to the Master District in order to cover.
Mayor Sanders clarified that the idea for today’s workshop was for the Master District to come up with an
agreement determining the payment terms and sum to be paid by the Town of Trophy Club to
the Trophy Club Municipal Utility Districts for delivery of water and wastewater services to the
Highlands of Trophy Club
Mehrdad Moayedi from Centurion clarified his intent is to pay 10% interest of the balance, per annum
until the balance is paid off and that the $2300 per permit is a fixed rate for the whole five years.
End of Workshop Session
TOWN COUNCIL AND MASTER DISTRICT TO RECONVENE INTO REGULAR SESSION
REGULAR SESSION
C.1 Master District to discuss and take appropriate action to determine the payment terms and sum
to be paid by the Town of Trophy Club to the Trophy Club Municipal Utility Districts for delivery
of water and wastewater services to the Highlands at Trophy Club, Town Council to respond to
questions and discuss same.
Director Budarf feels that based on his and Director Carr’s discussions with Mehrdad Moayedi this is a
fair and equitable offer.
Director Borges moved to approve the Town of Trophy Club to pay the Trophy Club MUDs a total of
$3.8 million to connect to the existing water and wastewater infrastructure owned by the MUDs
and to provide the elevated storage.
Director Borges removed the motion.
Director Budarf moved to accept the $3.8 million with the caveat that the Town provides the
infrastructure; including the elevated tank.
Director Budarf amended the motion to include subject to the funding of the PID and contract to be
approved by the Master District; Director Carr seconded.
Motion passed unanimously.
Director Henry moved to accept the $540k offer proposed by Centurion upon closing of the PID; Director
Borges seconded.
Motion passed unanimously.
Director White moved that the remaining $3.26 million be paid at the time of permitting, $2300 per
permit; Director Hase seconded.
The mover amended the motion to include 5/8 inch equivalent; the second agreed.
Motion passed unanimously.
Director Henry moved to accept the guarantee of 150 permits per year (cumulative) by Centurion;
seconded by Director Carr.
Motion passed unanimously.
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Director Borges moved requiring that the developers comply with the 10% per annum on the remaining
balance, paid to the Town as a pass through to the MUDs, the MUDs would accept the earnings
of 10% of the $2300.
Director Borges withdrew the motion.
Director Hase moved that a 10% interest per annum will be paid by the City to the MUDs on the unpaid
portion of the $3.26 million balance after 5 years; seconded by Director Budarf.
Director Hase amended the motion to include from the date of the first permit annually; the second
agreed.
MUD Attorney Liston clarified the motion for the record, “A 10% interest per annum will be paid by the
City to the MUDs on the unpaid portion of the $3.26 million balance after 5 years from the date
of the first permit annually.”
D.1 Town Council to Adjourn.
Motion made by Council member Lamont, seconded by Mayor Pro Tem Williams to adjourn.
Council adjourned at 2:10 P.M.
Master District took a 10 minute recess.
Master District reconvened into workshop at 2:23 P.M.
Master District discussed the potential of the allocation of developer fees between the two MUDs.
D.2 Master District to Adjourn.
Chairman Thomas closed the workshop at 3:00 P.M.
Master District adjourned at 3:00 P.M.
______________________________________ _____________________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-6-2006
Subject: Agenda Item No.D.8
Presentation of budget variance report and year end summary report and
discussion of same.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(be)
Attachments: 1. Budget Explanation
2. 2006 Year End Overages
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-6-2006
Subject: Agenda Item No.D.9
Discuss and take appropriate action establishing the process to evaluate
and administer performance reviews for Town Council appointed
positions, specifically as it relates to the Town Manager duties, goals and
objectives for the ninety his (90) day evaluation.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(be)
Attachments: 1. Goals and objectives identified at Brandon’s ninety (90) day
evaluation. (Insert of June 19, 2006 minutes)
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D.19 Discuss and take appropriate action regarding the Town Manager duties, goals and objectives
for the ninety (90) day evaluation.
Brandon Emmons commented that it is not often that you get to set your own goals and you will be
reviewed on and that he appreciates the opportunity to do so. Emmons explained his short-term
goals as:
1. Effectively communicate focal point and establish Town Manager as the chief administrative
officer and head of the administrative branch of the Town
2. Establish a team mentality that all employees work for one entity. Plans to accomplish with
team building and training,
3. Develop a friendly environment for new development.
Quantifiable goals as:
1. Reevaluate the Town’s Organization chart
2. Clarify the reporting structure of staff and chain of command by setting guidelines
3. Identify expense saving opportunities by establishing interlocal agreements, thus sharing
expenses with neighboring communities
4. Create job descriptions Police and Fire Chief, post, interview and hire for these positions
5. Define parameters for the agenda process (Accomplished earlier in the meeting.)
Long-term goals:
1. Review and implementation of comprehensive plan for Trophy Club
Brandon Emmons informed Council members Lamont and Sterling of his vacation in August as he
previously informed the Mayor and other Council members during at his interview.
Mayor Sanders requested that Brandon add to his long-term goals and objections the facilitation of a
process for providing water/waste water to the Highlands of Trophy Club to his goals and
objective. Sanders requested that at the end of Emmons’ first year, he present a vision, plan
and process toward meeting the Town’s number one objective, of the future of the MUDs in the
Town.
Mayor Pro Tem Williams requested that a balanced budget be presented at the very beginning of in
future budget processes.
Council member Lamont would like to see the committees become more active and provide Council with
periodic reports.
Council member Edstrom asked that Brandon focus on encouraging volunteerism.
Council member Cates asked that Brandon work on improving the Town’s image that has been lost in
the community.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-6-2006
Subject: Agenda Item No.D.10
Town Manager Emmons to designate an Acting Town Manager.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(be)
Attachments: 1. Letter
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October 31, 2006
The Honorable Nick Sanders
Town of Trophy Club
100 Municipal Drive
Trophy Club, TX 76262
Re: Acting Town Manager Designation
Mayor Sanders:
Please allow this letter to serve as notice that I wish to designate Lisa Ramsey to serve
as Acting Town Manager in compliance with Section 4.06 of the Trophy Club Town
Charter. The Acting Town Manager shall perform all administrative duties normally
reserved for the Town Manager during a period of absence or disability that would
prevent me from performing my required duties. This designation will remain in full
force until a time in which another designee is recommended to and approved by the
Town Council.
It is my intent to periodically alternate the designation of Acting Town Manager among
capable and qualified members of my administrative staff. I feel that the opportunity to
serve in this capacity will provide a valuable learning tool for those given the
responsibility to serve in this capacity.
Thank you for your consideration in this matter.
Sincerely,
Brandon S. Emmons
Town Manager
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-6-2006
Subject: Agenda Item No.D.11
Items for Future Agenda.
Items for Future Agendas -
Discuss evaluation / performance review of Town Manager Emmons.
(11/20)
Consideration of enactment of Hotel/Motel Tax.
Review of Advisory Groups Committees Policies.
Discuss and consider an Ordinance requiring bicycle helmets and
bicycle laws.
Review of Property Maintenance Ordinance.
Discuss and take appropriate action regarding an Ordinance
amending Chapter 14 entitled "Design Standards", Figures 1-7, 1-8
and 1-9 of Section 1 entitled "Roadway Design" of the Code of
Ordinances of the Town.
Discuss and provide input relative to an Ordinance amending the
Chapter 3, Article XII Standards for the Repair, Removal or
Demolition of Substandard Buildings and establishing Building
Standards Commission for the Town.
Discussion about storm water discharge from pools.
Discuss and appropriate action regarding a policy for accepting
gifts.
Discussion of drainage ditch that runs between Village Trail and
Lakeshore Drive and consideration of improvements for area to
create a linear park.
Discuss and take appropriate action relative to an Ordinance
amending Article IV, "Sign Regulations", Chapter 5 of the Code of
Ordinances, entitled "General Land Use", by amending Sections
4.05. (relative to political signs and quantity per commercial lot.)
Discuss and take appropriate action to repeal Ordinance 1987-07
and approve an Ordinance establishing the Town's Emergency
Management System.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-6-2006
Subject: Agenda Item No.D.12
Reports. 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.
(A) Town Council calendar of events and activity reports.
(a) Update from Council Representative Edstrom on EDC 4A.
(b) Update from Council Representative Sterling on EDC 4B.
(c) Update from Mayor Sanders on TML Annual Conference.
(B) Town Manager's Report.
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-6-2006
Subject: Agenda Item No.E.1
Adjourn.