Agenda Packet TC 10/16/2006 1
Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, October 16, 2006
7:00 P.M.
A.1 Call to order and announce a quorum.
A.2 Invocation.
A.3 Cub Scout Pack 328 will perform a flag ceremony and lead the Pledges.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
A.4 Citizen presentations: this is an opportunity for citizens to address the Council on any matter
whether or not it is posted on the agenda. The Council is not permitted to take action on or
discuss any presentations made to the Council at this time concerning an item not listed on the
agenda. The Council will hear presentations on specific agenda items prior to the Council
addressing those items.
B.1 Consent Agenda: Discuss and take appropriate action regarding an Interlocal Cooperation
Agreement/Payment Contribution Agreement between Town of Trophy Club and Trophy Club
Master District for a Joint Storage and Maintenance Building adjacent to the Wastewater
Treatment Plant.
C.1 Discuss and provide input relative to an Ordinance amending the Chapter 3, Article XII of the
Code of Ordinances, Standards for the Repair, Removal or Demolition of Substandard Buildings
and establishing a Building Standards Commission for the Town.
C.2 Discuss and take appropriate action to authorize EDC 4A to expend $60,000, plus fund an annual
payment of $60,000 for 10 years with the proceeds of the note funded by this payment being
utilized for park improvements, and authorizing the Town Manager to seek financing.
C.3 Discuss and take appropriate action regarding the nomination of one person to serve on the
Board of Directors of Denton County Transportation Authority.
C.4 Discuss and take appropriate action regarding a Resolution adopting ICMA RC Deferred
Compensation Plan.
C.5 Discuss and take appropriate action regarding the regular scheduled Town Council meeting dates
for December 2006 and January 2007.
C.6 Discuss and take appropriate action regarding financials dated September 2006.
C.7 Items for Future Agenda.
C.8 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be
no action taken regarding any individual project posted under this item and discussion will be
limited. If extensive discussion is required, the item may be placed on a future agenda.
Administration:
· Update
Community Development:
· Update
2
Finance:
· Update
Information System:
· Software and Systems Update
Parks and Recreation
· Facilities and Programs
Planning & Zoning
· Zoning Submissions
Police and Fire Services
· Police Services Bureau
· Fire Services Bureau
D.1 Adjourn.
3
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-16-2006
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
4
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-16-2006
Subject: Agenda Item No.A.2
Invocation.
5
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-16-2006
Subject: Agenda Item No.A.3
Cub Scout Pack 328 will perform a flag ceremony and lead the Pledges.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
6
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-16-2006
Subject: Agenda Item No.A.4
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.
7
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-16-2006
Subject: Agenda Item No.B.1
Consent Agenda: Discuss and take appropriate action regarding an Interlocal Cooperation
Agreement/Payment Contribution Agreement between Town of Trophy Club and Trophy
Club Master District for a Joint Storage and Maintenance Building adjacent to the
Wastewater Treatment Plant.
EXPLANATION:
This is the building located at the wastewater treatment plant. The Town Council accepted the bid on this
project on January 23rd, 2006. The oversight of the construction was performed by the Water and
Wastewater Superintendent for the MUDs. The Town had originally intended to pursue outside financing
to pay its portion of the construction costs on this project. The Master District suggested they be allowed
to fund the entire cost of this project and the Town would then execute a note with them for repayment of
the Town’s portion. Subsequently, the concept was changed to the Town renting space from the Master
District for $7,000 a year for 20 years. The attached agreement reflects this concept.
This item was considered at the October 2, 2006 meeting, and the Council requested revisions to Section
VII. Default / Termination. Section VII has been revised in the attached document per Council comment.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Interlocal Cooperation Agreement/Payment Contribution Agreement
2. Exhibit “A” – Amortization Schedule
3. Cost Breakdown for Building
8
INTERLOCAL COOPERATION AGREEMENT
PAYMENT CONTRIBUTION AGREEMENT
JOINT STORAGE AND MAINTENANCE BUILDING
THIS AGREEMENT is made and entered into this __________ day of ___________, 2006, by
and between the Town of Trophy Club, a home rule municipal corporation (hereinafter referred to
as “Town”) and Trophy Club Master District, a joint venture of Trophy Club Municipal Utility
Districts No. 1 and No. 2 (hereinafter, the “Master District”).
W I T N E S S E T H :
WHEREAS, the Interlocal Cooperation Act, Texas Government Code, Chapter 791, et seq.,
as amended (the “Act”) provides authority for governmental entities of the State of Texas to enter into
Interlocal agreements with each other regarding governmental functions and services as set forth in the
Act;
WHEREAS, both the Town and the Master District are governmental entities entrusted with the
expenditure of public funds and both are interested in efficiently and effectively managing public assets;
and
WHEREAS, pursuant to the terms of a contract with Satterwhite Construction, LLC and an
amendment thereto, the Master District has erected a storage and maintenance building adjacent to the
existing Wastewater Treatment Plant at a total cost of $179,190 (hereinafter “Building”); and
WHEREAS, the Building is being constructed on property located adjacent to the wastewater
treatment plant and belonging to the Master District, a District created pursuant to Section 59, Article XVI,
Texas Constitution and the Texas Water Code, Chapter 54 (hereinafter “Property”); and
WHEREAS, it is the intent of both the Town and Master District to house their respective
equipment utilized in the performance of governmental functions in the Building; and
WHEREAS, in order to finance the construction of the Building, the Master District proposes to
pay in advance the entire cost of the Building; and
WHEREAS, the Town has agreed to pay monthly rent and the Master District and the Town have
agreed to share equally in the operation and maintenance costs of the Building; and
WHEREAS, the parties recognize the efficiencies and cost savings realized by each of them
respectively through this collaborative effort.
NOW THEREFORE, Town and Master District for and in consideration of the recitals set forth
above and terms and conditions below, agree as follows:
I.
Incorporation / Term
1.01 Incorporation of Recitals. The foregoing recitals are agreed upon and incorporated herein as a
part of this Agreement.
1.02 Term. This Agreement shall become effective upon the occurrence of both of the following
events: (1) approval by each of the respective governing bodies of Town and Master District and upon
execution by their respective authorized representatives, provided that the identical version of this
Agreement between the Town and Master District is approved by each of the respective governing bodies
of those entities and executed by their respective authorized representatives and (2) upon completion of
the Building and payment by the Master District of the entire cost of construction as specified herein. This
9
Agreement shall remain in effect for a term of twenty (20) years, unless terminated by either party as
provided herein.
II.
Obligations and Rights of the Parties
2.01 Master District Obligations and Rights:
A. In order to finance the Building, the Master District shall pay in advance the entire cost of the
Building at an amount not to exceed $179,190.
B. Master District shall own one hundred percent (100%) of the Property.
C. The Master District shall be entitled to a fifty percent (50%) interest in the use of the Building.
D. The Master District shall pay fifty percent (50%) of the annual cost of maintenance, repair and
operation of the Building for the entire term of this Agreement and all renewals thereof.
2.02 Town Obligations and Rights:
A. The Town shall pay to the Master District the sum of $583.33 per month for twenty (20) years
commencing on August 1, 2006, with the final rental payment being made on July 1, 2026, at
which time rental payments will cease and the Town will be entitled to continue occupying the
building rent free.
B. The Town shall be entitled to a fifty percent (50%) interest in the use of the Building.
C. The Town shall pay fifty percent (50%) of the annual cost of maintenance, repair and operation of
the Building for the entire term of this Agreement and all renewals thereof.
D. In the event that at any time during the rental payment period referred to above, the Town should
wish, in lieu of all future rental payments due hereunder, to pay a lump sum, that amount shall be
determined by reference to the Schedule annexed hereto as Exhibit “A”.
III.
Consideration
The parties agree that sufficient consideration for this Agreement exists and is found in the cross
promises set forth above and other good and valuable consideration as specified herein. Town’s
agreement to pay Master District as specified in Paragraph 2.02 above is provided in exchange for
Master District’s agreement to comply with the terms specified in Paragraph 2.01 above. All payments
made hereunder shall be made from current revenues legally available to the paying party. Each party
further agrees that it is fairly compensated for the services or functions performed by it under the terms of
this Agreement.
IV.
Assets
4.01 Ownership. The Property is currently owned by Master District and shall remain under the
exclusive ownership of Master District and no term or provision of this Agreement shall affect Master
District’s right, title or interest to such Property. This Agreement shall not be construed as creating any
right, title or interest to any asset owned individually by either party hereto where such asset was
purchased with funds solely provided by such party. This Agreement shall not be deemed to convey to
either party any interest in any equipment or other contents of the Building owned by the other party
10
hereto. In the event of joint purchases of assets, each party shall own a percentage of such assets based
upon the ratio of the amount of money contributed toward the purchase relative to the total cost of the
item.
V.
Insurance
Master District shall at its expense obtain and maintain insurance sufficient to cover the loss of the
Building and its contents due to fire, wind, storms and all other casualty losses. Town Master District
VI.
Immunity
The fact that Town and Master District accept certain responsibilities relating to the Building, which is the
subject of this Agreement as part of their responsibility for providing governmental services for the public
health and welfare makes it imperative that the performance of their respective obligations be recognized
as a governmental function and that the doctrine of governmental immunity shall be, and it is hereby,
invoked to the extent possible under the law. Neither Town nor Master District waives any immunity or
defense that would otherwise be available to it against claims arising from the exercise of governmental
powers and functions.
VII.
Default / Termination
In the event that either party hereto breaches any payment term of this Agreement, this Agreement may
be terminated by the aggrieved party if such default is not cured within a period of ten (10) days after
receipt of written notice of default by the party allegedly in breach of its payment obligation hereunder. At
the option of the aggrieved party, if such default is not cured within the ten (10) day period, this
Agreement shall immediately terminate without further notice and the breaching party shall be liable for all
payments as required by Paragraph II and the related costs of collection, including attorneys’ fees.
In the event that either party hereto breaches any other term or condition of this Agreement, this
Agreement may be terminated by the aggrieved party if such default is not cured with a period of forty-five
(45) days after receipt of written notice of default by the party allegedly in breach of its obligations
hereunder. If such default is not cured within the forty-five (45) day period, this Agreement shall terminate
automatically without further notice unless the parties agree in writing to an extension of the cure period in
order to allow a time certain to negotiate a resolution acceptable to both parties.
VIII.
Entire Agreement
This Agreement represents the entire and integrated agreement between Town and Master District and
supersedes all prior negotiations, representations and/or agreements, either written or oral. This
Agreement may be amended only by written instrument signed by both parties.
IX.
Venue
The laws of the State of Texas shall govern this Agreement and each of its terms and provisions,
including but not limited to the rights and duties of the parties hereto, and exclusive venue shall be in
Denton County, Texas.
X.
Severability
11
In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the
parties hereto that the remaining portions shall remain valid and in full force and effect to the extent
possible.
XI.
Non-Waiver
All rights, remedies and privileges permitted or available to either party under this Agreement or at law or
equity shall be cumulative and not alternative, and election of any such right, remedy or privilege shall not
constitute a waiver or exclusive election of rights, remedies or privileges with respect to any other
permitted or available right, remedy or privilege. Additionally, one instance of forbearance by either party
in the enforcement of any such right, remedy or privilege against the other party shall not constitute a
waiver of such right, remedy or privilege by the forbearing party. A default by either party under this
Agreement shall not result in a forfeiture of any rights, remedies, or privileges under this Agreement by
such defaulting party.
XII.
Signature Authority
The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have
the necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby
certifies to the other that any necessary resolutions extending such authority have been duly passed and
are now in full force and effect.
EXECUTED in duplicate originals this the _____ day of ________________, 2006.
TOWN OF TROPHY CLUB, TEXAS TROPHY CLUB MASTER DISTRICT
By____________________________ By_________________________
Nick Sanders, Mayor Gary Cantrell, Chairman
ATTEST: ATTEST:
______________________________ ___________________________
Town Secretary Master District Secretary
APPROVED AS TO FORM: APPROVED AS TO FORM:
______________________________ ___________________________
Town Attorney Master District Attorney
12
ACKNOWLEDGMENTS
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on the ___ day of ________________, 2006 by
Nick Sanders, Mayor, Town of Trophy Club, Texas, on behalf of such entity.
______________________________
Notary Public in and for the
State of Texas
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on the ___ day of __________________, 2006 by
Gary Cantrell, Chairman of the TROPHY CLUB MASTER DISTRICT, on behalf of such entity.
________________________________
Notary Public in and for the
State of Texas
13
EXHIBIT "A"
Amortization Schedule
Joint Storage & Maintenance Building
Year Interest Principal Remaining Principal
2006 $4,199.32 $2,800.68 $86,801.51
2007 $4,068.05 $2,931.95 $83,869.56
2008 $3,930.63 $3,069.37 $80,800.19
2009 $3,786.77 $3,213.23 $77,586.96
2010 $3,636.16 $3,363.84 $74,223.12
2011 $3,478.50 $3,521.50 $70,701.62
2012 $3,313.45 $3,686.55 $67,015.07
2013 $3,140.56 $3,859.34 $63,155.73
2014 $2,959.77 $4,040.23 $59,115.50
2015 $2,770.41 $4,229.59 $54,885.91
2016 $2,572.17 $4,427.83 $50,458.08
2017 $2,364.63 $4,635.37 $45,822.71
2018 $2,147.37 $4,852.63 $40,970.08
2019 $1,919.93 $5,080.07 $35,890.01
2020 $1,681.83 $5,318.17 $30,571.84
2021 $1,432.56 $5,567.44 $25,004.40
2022 $1,171.62 $5,828.38 $19,176.02
2023 $898.44 $6,101.56 $13,074.46
2024 $612.46 $6,387.54 $6,686.92
2025 $313.08 $6,686.92 $0.00
2026 $50,397.71 $89,602.19
14
15
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-16-2006
Subject: Agenda Item No.C.1
Discuss and provide input relative to an Ordinance amending the Chapter 3, Article XII of
the Code of Ordinances, Standards for the Repair, Removal or Demolition of Substandard
Buildings and establishing a Building Standards Commission for the Town.
EXPLANATION:
This ordinance will add a Building Standards Commission to our existing Standards for the Repair,
Removal or Demolition of Substandard Buildings, which will hear appeals with regard to the Town’s
building standards. It also expands the definition of dangerous buildings and provides for additional
minimum standards. If directed by Council, this ordinance will appear on the November 6th agenda for
approval with any requested changes.
Attachments: 1. Ordinance
16
Article I
Substandard Buildings
Section 1-1 Substandard Buildings; Declared - For the purposes of this article, any building,
regardless of the date of its construction, which has any or all of the conditions or defects
hereinafter described, shall be deemed to be a substandard building:
Any building that is dilapidated, substandard, or unfit for human habitation and a hazard
to the public health, safety and welfare;
Any building that, regardless of its structural condition; is unoccupied by its owners,
lessees or other invitees and is unsecured from unauthorized entry to the extent
that it could be entered or used by vagrants or other uninvited persons as a place
of harborage or, could be entered or used by children;
Any building that is boarded up, fenced or otherwise secured in any manner if:
The building constitutes a danger to the public even though secured from entry, or
The means used to secure the building are inadequate to prevent unauthorized entry or use of the
building in the manner described by subsection (2) of this section;
Section 1-2 Minimum Standards – Use and Occupancy
In the event that one or more of the following conditions exist, the structure shall be deemed in violation of
the minimum standards for continued use and occupancy.
A. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or
size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic;
B. Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so
warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case
of fire or panic;
C. Whenever the stress in any materials, or members or portion thereof, due to all dead and live loads,
is more than one and one half times the working stress or stresses allowed in the building code for new
buildings of similar structure, purpose or location; Whenever any portion thereof has been damaged by
fire, earthquake, wind flood or by any other cause, to such an extent that the structural strength or stability
thereof is materially less than it was before such catastrophe and is less than the minimum requirements
of the building code for new buildings of similar structure, purpose or location;
D. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or
dislodged, or to collapse and thereby injure persons or damage property;
E. Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior
thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as
to be capable of resisting a wind pressure of one half of that specified in the building code for new
buildings of similar structure, purpose or location without exceeding the working stresses permitted in the
building code for such buildings;
F. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or
other structural portions have materially less resistance to winds or earthquakes than is required in the
case of similar new construction;
G. Whenever the building, or any portion thereof is likely to partially or completely collapse because of:
17
1. dilapidation, deterioration or decay;
2. faulty construction;
3. the removal, movement or instability of any portion of the ground necessary for the purpose
of supporting such building;
4. the deterioration, decay or inadequacy of its foundation; or
5. any other cause.
H. Whenever, for any reason, the building, or any portion thereof, is manifestly unsafe for the purpose
for which it is being used;
I. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent
that a plumb line passing through the center of gravity does not fall inside the middle one third of the
base;
J. Whenever the building, exclusive of the foundation, shows thirty-three percent or more damage or
deterioration of its supporting member or members, or fifty or more percent damage or deterioration of its
non-supporting members, enclosing or outside walls or coverings;
K. Whenever the building has been so damaged by fire, wind, earthquake, flood or other causes, or has
become so dilapidated or deteriorated as to become:
1. an attractive nuisance to children; or,
2. a harbor for vagrants or criminals;
L. Whenever any building has been constructed, exists or is maintained in violation of any specific
requirement or prohibition applicable to such building provided by the building regulations of this
jurisdiction, as specified in the building code, or of any law or ordinance of this state or jurisdiction relating
to the condition, location or structure of buildings;
M. Whenever any building which, whether or not erected in accordance with all applicable laws and
ordinances, has in any non-supporting part, member or portion less than fifty percent, or in any supporting
part, member or portion less than sixty-six percent of the:
1. strength,
2. fire-resisting qualities or characteristics, or
3. weather resisting qualities or characteristics required by law in the case of a newly
constructed building of like area, height and occupancy in the same location;
N. Whenever a building, used or intended to be used for dwelling purposes, because of inadequate
maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or
sanitation facilities, or otherwise, is determined by the building official to be unsanitary, unfit for human
habitation or in such a condition that is likely to cause sickness, or disease for reasons including, but not
limited to, the following:
1. Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodging
house.
2. Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests
in a hotel.
3. Lack of, or improper kitchen sink in a dwelling unit.
18
4. Lack of hot and cold running water to plumbing fixtures in a hotel.
5. Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house.
6. Lack of adequate heating facilities.
7. Lack of, or improper operation of, required ventilating equipment.
8. Lack of minimum amounts of natural light and ventilation required by this code.
9. Room and space dimensions less than required by this code or the building code.
10. Lack of required electrical lighting.
11. Dampness of habitable rooms.
12. Infestation of insects, vermin or rodents.
13. General dilapidation or improper maintenance.
14. Lack of connection to required sewage disposal system.
15. Lack of adequate garbage and rubbish storage and removal facilities.
O. Whenever any building, because of obsolescence, dilapidated condition, deterioration, damage,
inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or
heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard;
P. Whenever any building is in such a condition as to make a public nuisance known to the common law
or in equity jurisprudence;
Q. Whenever any portion of a building remains on a site after the demolition or destruction of the
building;
R. Whenever any building is abandoned so as to constitute such building or portion thereof an attractive
nuisance or hazard to the public;
S. Any building constructed and is still existing in violation of any provision of the building code or
Uniform Fire Code of the city to the extent that the life, health or safety of the public or any occupant is
endangered.
Sec. 1-3 Minimum Property Standards
A. Property Standards: An owner shall at all times maintain his property in compliance with the
minimum standards set forth herein and all of the building, plumbing, housing, or fire codes and
shall:
1. Eliminate a hole, excavation, sharp protrusion, and any other object or condition that exists
on the land and is reasonably capable of causing injury to a person;
2. Securely cover or close a well, cesspool or cistern;
3. Provide solid waster receptacles or containers when required by the Town;
4. Provide drainage to prevent standing water and flooding on the land;
19
5. Remove dead trees and tree limbs that are reasonably capable of causing injury to a person;
and
6. Keep the doors and windows of a vacant structure portion of a structure securely closed to
prevent unauthorized entry.
A. Structural Standards: An Owner shall:
1. Protect the exterior surfaces of a structure which are subject to decay by application of paint
or other coating;
2. Fill hollow, masonry supporting piers, if used, with concrete and anchor the piers to concrete
footings with a 5/8 inch steel dowel;
3. Provide and maintain railings for stairs, steps, balconies, porches and elsewhere as specified
in the Town’s Building Code.
4. Repair holes, cracks and other defects reasonably capable of causing injury to a person in
stairs, porches, steps and balconies;
5. Maintain a structure intended for human occupancy and its structure used as an accessory to
a structure intended for human occupancy in a weather tight and water tight condition.
6. Maintain floors, walls, ceilings, and all supporting structural members in a sound condition,
capable of bearing imposed safety loads.
7. Provide cross-ventilation as prescribed in the Building Code;
8. Repair or replace chimney flue and attachments that do not function properly;
9. Repair holes, cracks, breaks, and loose surface materials that are health or safety hazards in
or on floors in or on floors, walls and ceilings;
10. Provide and maintain a moisture resistant finish or material for the flooring or sub flooring of
each bathroom, shower room, and toilet room;
11. Provide every habitable room with at least one window or skylight facing directly to the
outdoors;
12. Provide every habitable room with at least one window or skylight which can be easily
opened, or such other device as will adequately ventilate the room;
13. Provide every bathroom with the light and ventilation requirements for habitable rooms except
that no window or skylight shall be required in adequately ventilated bathrooms equipped with an
approved ventilating system;
14. Provide that common hall and inside stairway in every building, other than one-family
dwellings, be adequately lighted at all times with an illumination of at least one (1) foot candle
intensity at the floor in the darkest portion of the normally traveled stairs and passageways;
15. Provide and maintain the building foundation system in a safe manner and capable of
supporting the load which normal use may cause to be placed thereon;
16. Provide that every exterior wall be free of holes, breaks, loose or rotting boards or timbers,
and any other conditions which might admit rain, or dampness to the interior portions of the walls
or to the occupied spaces of the building;
20
17. Provide roofs which are structurally sound and maintained in a safe manner and which have
no defects which might admit rain or cause dampness in the walls or interior portion of the
building;
18. Provide and maintain all portions, additions or sections of a roof including but not limited to
fascia, eaves, soffit, sheathing, rafter tails, barge rafter, vent screening, gutters, downspouts, roof
jackets and lead or metal flashing;
19. Provide and maintain every dwelling unit with safe, unobstructed means of egress with a
minimum ceiling height of seven feet (7’) leading to a safe and open space at ground level. Stairs
shall have a minimum head room of six feet (6’), eight inches (8”);
20. Provide and maintain protective railings on any unenclosed structure over thirty inches (30”)
from the ground level or on any steps containing four risers or more;
21. Provide and maintain every window substantially weather-tight, watertight and rodent proof,
and keep in sound working condition and good repair;
22. Provide every exterior door, basement or cellar door and hatchway to be substantially
weather-tight, and rodent proof, and kept in sound working condition and good repair;
23. Provide every exterior door with properly installed hardware that is maintained to insure
reasonable ease of operation to open, close and secure in an open or closed position, as
intended by the manufacturer of the door and the attached hardware;
24. Provide exterior door frames be properly maintained and affixed with weather-stripping and
thresholds as required to be substantially weather-tight, watertight and rodent and insect
restrictive when the door is in a closed position;
25. Provide exterior door jams, stops, headers and moldings securely attached to the structure,
maintained in good condition without splitting or deterioration that would minimize the strength
and security of the door in a closed position;
26. Provide all exterior wood surfaces, other than decay resistant woods, protected from the
elements and decay by painting or other protective covering or treatment;
27. Provide and maintain garages, storage buildings and all other accessory structures in good
repair and sound structural condition;
28. Provide every floor, interior wall and ceiling be substantially rodent proof, kept in sound
condition and good repair and safe to use and capable of supporting the load which normal use
may cause to be placed thereon;
29. Provide every toilet, bathroom and kitchen floor surface constructed and maintained so as to
be substantially impervious to water and so as to permit such floor to be easily kept in a clean
and sanitary condition;
30. Maintain every structural element of the dwelling structurally sound and show no evidence of
deterioration which would render it incapable of carrying normal loads;
31. Provide and maintain interior stairs and stairwells more than four (4) risers high with handrails
located in accordance with the requirements of the Building Code. Handrails or protective railings
shall be capable of bearing normally imposed loads and be maintained in good condition.
21
ARTICLE II
BUILDING STANDARDS COMMISSION
Sec. 2-1 Created.
There is hereby created a Building Standards Commission (“the Commission”) in
accordance with the provisions of Subchapter C of Chapter 54 of the Local Government
Code, V.T.C.A., as amended. Any references to the “Building Board of Appeals” in other
ordinances or codes shall mean the Building Standards Commission.
Sec. 2-2 Members.
(a) Number, Appointment. The Commission shall consist of five (5) regular
members each to be appointed by the Town Council. The Town Council may also
appoint up to eight (8) alternate members to the Commission who shall serve in the
absence of one or more regular members when requested to do so by the Town
Manager, or designee. All cases shall be heard by at least four (4) members. Each
member, whether regular or alternate, shall be appointed by majority vote of the Town
Council.
(b) Qualifications. The commission should include a cross section of
individuals in the building and construction field including an architect, engineer, general
contractor, mechanical, electrical or plumbing tradesman as well as a layman based on
the availability of qualified candidates. The alternates should be comprised of a similar
makeup based on availability of qualified candidates.
(c) Terms of Office – Terms of Initial Commission Members. Terms shall
expire on October 1 of each year. Upon initial formation of the Commission, the term for
the five (5) regular members shall be as follows: Two (2) members who serve for a term
of one (1) year and three (3) members who serve for a term of two (2) years. The term
for the eight (8) alternate members shall be as follows: Four (4) members who serve for
a term of (1) year and four (4) members who serve for a term of two (2) years.
Thereafter, each regular and alternate member of the Commission shall be appointed by
the Town Council for a term of two (2) years with staggered appointments so that no
more than three (3) regular members’ terms shall expire in any one year and so that no
more than four (4) alternate members’ terms shall expire in any one year.
(d) Removal, Filling of Vacancies. Any member, whether regular or
alternate, of the Commission may be removed for cause on a written charge. If
requested by the member subject to the removal action, the Town Council must hold a
public hearing on the matter before a decision regarding removal is made. Any and all
vacancies shall be filled by appointment based upon a majority vote of the Town Council
and shall be for the unexpired term of the vacant position.
Sec. 2-3. Meetings.
(a) Meetings of the Commission shall be held at the call of the chairperson
and at other times as determined by the Commission. All meetings of the Commission
shall be open to the public. The concurring vote of a majority of the members of the
Commission shall be required for any action taken by the Commission under state law or
ordinance adopted by the Town. The chairperson, or in the chairperson’s absence the
acting chairperson, may administer oaths and compel the attendance of witnesses.
22
(b) The Commission shall keep minutes of its proceedings showing the vote
of each member on each question or the fact that a member is absent or fails to vote.
The Commission shall keep records of its examinations and other official actions. The
minutes and records shall be filed immediately in the Community Development
Department as public records.
(c) The Community Development Director or authorized designee shall
present all cases before the Commission. As used in this Chapter, the term “Community
Development Director” shall mean the Community Development Director for the Town of
Trophy Club or authorized designee.
Sec. 2-4. Authority--Generally.
(a) Ordinances. The Commission shall have the authority granted in this
Chapter and, in addition, shall have authority to hear and determine cases concerning
alleged violations of Town ordinances:
(1) For the preservation of public safety, relating to the materials or methods
used to construct a building or improvement, including the foundation,
structural elements, electrical wiring or apparatus, plumbing and fixtures,
entrances, or exits;
(2) Relating to the fire safety of a building or improvement, including
provisions relating to materials, types of construction or design, warning
devices, sprinklers or other fire suppression devices, availability of water
supply for extinguishing fires, or location, design, or width of entrances or
exits;
(3) Relating to dangerously damaged or deteriorated buildings or
improvements; or
(4) Relating to conditions caused by accumulations of refuse, vegetation, or
other matter that creates breeding and living places for insects and
rodents.
(5) Relating to a Building Code or to the condition, use, or appearance of
property in the Town.
(b) Other Functions. In addition to the authority granted in this Chapter, the
Building Standards Commission, in its capacity as a review board for the Town, shall
have the following duties and powers including, but not limited to:
(1) Studying proposed Code amendments and making recommendations to
the Town Council regarding any proposed amendments to the Building
and Fire Codes.
(2) Hearing from any person requesting a change to the Building and Fire
Codes as adopted by the Town.
(3) Serving as an advisor to the Building Official and/or Fire Chief.
(4) Hearing appeals from decisions of the Building Official or Fire Chief and
make rulings pertaining to:.
23
(a) Decisions regarding substandard or dangerous buildings as
further provided in this Article.
(b) Other areas as specified in duly adopted ordinances of the
Town.
(5) Serving as the board to hear appeals from revocation of Town
registration issued to those artisans for whom local registration is
allowed, including but not limited to Electrical Mechanical, Plumbing,
Backflow, Irrigation, and Fire Protection contractors and to hear
revocation cases forwarded at the discretion of the Community
Development Director or designee. The Commission shall also hear
appeals from registration revocation where a written request for appeal is
timely filed by the person or entity whose Town registration has been
revoked. A person or entity seeking an appeal hearing for the revocation
of a Town registration shall file a written notice requesting such appeal
within ten (10) business days of final decision by the Town. Such
request for appeal shall specify the grounds for reinstatement, and the
burden of demonstrating that reinstatement is appropriate shall be on the
appellant. The Commission shall have the authority to summon and take
appropriate action relative to the revocation whether initiated by Town
staff or the person or entity whose registration has been revoked. The
decision of the Commission shall be final. Revocation of Town
registration shall be appropriate where the registrant has violated Town
permitting requirements.
(6) Ordering the repair, within a fixed period, of buildings found to be in
violation of an ordinance.
(7) Declaring a building substandard in accordance with the powers granted
by this Chapter or other local or state law.
(8) Variances. The Building Standards Commission may not grant
variances.
(9) State Statute. In addition to the authority outlined in this Chapter, the
Commission may exercise such other powers and authority conferred upon it by
Subchapter C of Chapter 54 and Subchapter A of Chapter 214 “Dangerous Structures” of
the Texas Local Government Code, as amended, or by other statutes or ordinances.
Sec. 2-5. Authority--Substandard Housing.
The Building Standards Commission may hear cases regarding
a substandard structure if the structure is:
(1) Dilapidated, substandard, or unfit for human habitation and a hazard to
the public health, safety, and welfare; or
(2) Regardless of its structural condition, unoccupied by its owners,
lessees, or other invitees and is unsecured from unauthorized
entry to the extent that it could be entered or used by vagrants or
other uninvited persons as a place of harborage or could be
entered or used by children;
(3) Boarded up, fenced, or otherwise secured in any manner if:
24
(a) The building constitutes a danger to the public even though
secured from entry; or
(b) The means used to secure the building are inadequate to
prevent unauthorized entry or use of the building in the manner
described by Subsection (2) above.
25
ARTICLE III
PROCEEDINGS OF BUILDING STANDARDS COMMISSION.
Sec. 3-1. Rules governing proceedings.
The Building Standards Commission shall adopt rules to govern its proceedings
provided, however, that such rules are not inconsistent with this Article or laws of the
State of Texas. The rules shall establish procedures for use in hearings, providing ample
opportunity for presentation of evidence and testimony by respondents or persons
opposing charges brought by the Town or its officials relating to alleged violations of
ordinances.
Sec. 3-2. Criteria for Determining Substandard Condition.
A structure shall be considered substandard if:
(1) It is in a condition such that it fails to comply with the minimum standards
set forth in the Town’s ordinances, including but not limited to those
standards set forth in this Chapter specifying Minimum Property
Standards and Minimum Standards – Use and Occupancy, the building,
plumbing, housing, or fire codes; and
(2) Such condition exists to the extent that the life, health, property, or safety
of the public or its occupants are endangered.
Sec. 3-3. Notice.
(a) Notice of all proceedings before the Commission shall be given:
(A) By certified mail, return receipt requested, to the record owners
of the affected property, and each holder of a recorded lien
against the affected property, as shown by the records of the
Office of the County Clerk of the county in which the affected
property is located if the address of the lienholder can be
ascertained from the deed of trust establishing the lien and/or
other applicable instruments on file in the Office of the County
Clerk; and
(B) To all unknown owners, by posting a copy of the notice on the
front door of each improvement situated on the affected property
or as close to the front door as practicable.
(b) The notice shall be mailed and posted on or before the 10th day before
the date of the hearing before the Commission and must state the date, time, and place
of the hearing. The notice shall also include a statement that at the hearing, the owner,
lienholder, or mortgagee will be required to submit proof of the scope of any work that
may be required comply with the ordinance and the time it will take to reasonably perform
the work. In addition, the notice must be published in a newspaper of general circulation
in the Town on one occasion on or before the 10th day before the date fixed for the
hearing.
Sec. 3-4. Action by Commission; Time Frames.
26
(a) Commission Orders. After notice and hearing and upon finding
that a structure is substandard, the Commission may:
(1) Order the repair of a substandard structure, within a fixed period
as provided in this Chapter;
(2) Order, in an appropriate case, the immediate removal of persons
or property found on private property, enter on private property to
secure the removal if it is determined that conditions exist on the
property that constitute a violation of an ordinance, and order
action to be taken as necessary to remedy, alleviate, or remove
any substandard building found to exist;
(3) If the structure is not vacated, secured, repaired, removed, or
demolished, or the occupants are not relocated with the time
allotted by the Commission, the Town may vacate, secure,
remove or demolish the building or relocate the occupants at the
Town’s expense. The Town may assess the expenses on and
have a lien against the property on which the structure was
located, unless it is a homestead as protected by the Texas
Constitution;
(4) Issue orders or directives to any peace officer of the state,
including a sheriff or constable or the Chief of Police of the
Town, to enforce and carry out the lawful orders or directives of
the Commission; and
(5) Determine the amount and duration of the civil penalty that may
be recovered by the Town as authorized by Subchapter C of
Chapter 54, Texas Local Government Code, as amended. In
assessing a civil penalty, the Commission shall consider the
severity of violations present, the history of compliance of the
property or the owner, and the efforts taken, if any, to correct the
violations.
(b) Time Frames for Compliance. After making a finding that a building is
substandard, the Commission shall comply with the following time frames:
(1) 30-Day Time Period. Except as otherwise provided in this
Article, the Commission shall require the owner, lienholder, or
mortgagee of a substandard building to within thirty (30) days of
the date of the hearing:
(a) Secure the building from unauthorized entry; or
(b) Repair, remove or demolish the building, unless the
owner or lienholder establishes at the hearing that the
work cannot reasonably be performed within thirty (30)
days.
27
(2) 30 to 90-Day Time Period. If the Commission allows the owner,
lienholder, or mortgagee more than 30 days to repair, remove, or
demolish the building, the Commission shall establish specific
time schedules for the commencement and performance of the
work and shall require the owner, lienholder or mortgagee to
secure the property in a reasonable manner from unauthorized
entry while the work is being performed, as determined at the
hearing.
(3) Time Period in Excess of 90 Days. The Commission may only
allow the owner, lienholder or mortgagee more than 90 days to
repair, remove, or demolish the building or fully perform all work
required to comply with the order if the owner, lienholder, or
mortgagee:
1. Submits a detailed plan and time schedule for the work
at the hearing; and
2. Establishes at the hearing that the work cannot
reasonably be completed within 90 days because of the
scope and complexity of the work; and
3. Regularly submits progress reports to the municipality to
demonstrate compliance with the time schedules
established for commencement and performance of the
work.
(4) Bond Requirement: If the Commission allows the owner,
lienholder, or mortgagee more than 90 days to complete any part
of the work required to repair, remove, or demolish the building,
the order of the Commission may require that the owner,
lienholder, mortgagee or his designee to appear and
demonstrate compliance with the time schedules. If the owner,
lienholder or mortgagee owns property, including structures or
improvements on property, within the Town boundaries that
exceeds $100,000 in total value, the Town may require the
owner., lienholder, or mortgagee to post a cash or surety bond in
an amount adequate to cover the cost of repairing, removing, or
demolishing a building under this Article. In lieu of a bond, the
Commission may require the owner, lienholder, or mortgagee to
provide a letter of credit from a financial institution or a guaranty
from a third party approved by the Town. The bond shall be
posted, or the letter of credit or third party guaranty provided not
later than the 30th day after the date the Commission issues the
order.
(c) Burden of Proof. The owner, lienholder, or mortgagee has the burden of
proof to demonstrate the scope of any work that may be required to comply with Town
ordinances and the time it will take to reasonably perform the work.
28
Sec. 3-5. Fees for Appeals to the Commission.
A fee of ONE HUNDRED AND NO/100 DOLLARS ($100.00) is hereby required
for appeals heard at by the Building Standards Commission. All fees must be paid at the
time an appeal is filed.
Sec. 3-6. Failure to comply with order of the Commission.
(a) If a building is not vacated, secured, repaired, removed, or demolished,
or the occupants are not relocated within the time period ordered by the Commission, the
Town may vacate, secure, remove, or demolish the building or relocate the occupants at
its own expense.
(b) If the Town incurs expenses under this Section, the Town may assess
the expenses on, and the Town has a lien against, the property on which the building was
located, unless the property is a homestead as protected by the Texas Constitution. The
lien is extinguished if the property owner or another person having an interest in the legal
title to the property reimburses the Town for the expenses. The lien arises and attaches
to the property at the time the notice of the lien is recorded and indexed in the office of
the County Clerk of the county in which the property is located. The notice must contain
the name and address of the owner if that information can be determined with a
reasonable effort, a legal description of the real property on which the building was
located, the amount of expenses incurred by the Town, and the balance due.
Sec. 3-7. Final Decision of the Commission.
(a) A copy of the final decision of the Commission shall be mailed by
certified mail, return receipt requested, to all persons to whom notice is sent under
Subsection 2-3. The copy shall be mailed promptly after the decision of the Commission
becomes final pursuant to this Section 2-7.
(b) Within ten (10) calendar days after the date that the order is issued, the
Commission shall file a copy of the order in the office of the Town Secretary. Within ten
(10) calendar days after the date the final decision of the Commission is mailed, an
abbreviated copy of the final decision shall be published one time in a newspaper of
general circulation in the Town, including the street address or legal description of the
property; the date of the hearing, a brief statement indicating the results of the order, and
instructions stating where a complete copy of the order may be obtained.
(c) If no appeals are taken from the decision of the Commission within the
required period, the decision of the Commission is, in all things, final and binding.
Sec. 3-8. Judicial Review.
(a) Any person(s) jointly or severally aggrieved by any decision of the
Commission may present a petition to a district court, duly verified, setting forth that the
decision is illegal, in whole or in part, and specifying the grounds of the illegality. The
petition must be presented within thirty (30) calendar days after the date a copy of the
final decision of the Commission is personally delivered or mailed by first class mail,
certified return receipt requested, to all persons to whom notice is required to be sent
pursuant to Subsection 2-3.
(b) Proceedings shall not be stayed by an appeal and issuance of a writ of
certiorari and shall only be stayed by the grant of a restraining order or injunction granted
by the district court. The District Court’s review shall be limited to a hearing under the
29
substantial evidence rule. Costs may not be allowed against the Commission panel. If
the decision of the Commission panel is affirmed or not substantially reversed but only
modified, the District Court shall allow to the Town all attorney’s fees and other costs and
expenses incurred by it and shall enter a judgment for those items, which may be entered
against the property owners as well as all persons found to be in occupation of the
property subject to the proceedings before the Commission panel.
Sec. 3-9. Authority—Penalties.
(a) Civil Penalty. The Commission may assess a civil penalty against the
property owner for failure to repair, remove, or demolish a substandard structure upon
proof presented by the Town that:
(1) The property owner was notified of the requirements in the
Town’s substandard building ordinance along with notification of
the owner’s need to comply; and
(2) The owner continued to violate the ordinance after receiving
notice.
(b) Amount. A civil penalty imposed pursuant to this Section may not
exceed $1000 per day for each violation, unless the property is shown to be the owner’s
legal homestead, in which case the penalty shall not exceed $10 per day for each
violation.
(c) Criteria For Assessing Civil Penalty. In assessing a civil penalty, the
Commission shall consider the severity of violations present, the history of compliance of
the property or the owner, and the efforts taken, if any, to correct the violations.
(d) Determination Final. A determination made under this Section is final
and binding and constitutes prima facie evidence of the penalty in any court of competent
jurisdiction in a civil suit brought by the Town for final judgment in accordance with the
established penalty.
(e) Enforcement of Civil Penalty. To enforce any civil penalty under this
Section, the Town Secretary must file with the district clerk of the county in which the
Town is located, a certified copy of the order of the Commission stating the amount and
duration of the penalty. No other proof is required for a district court to enter final
judgment on the penalty.
(f) Remedies Cumulative. The remedies authorized under this Article are
inclusive and not exclusive and shall in no way prevent the Town from exercising all other
remedies at law to which it may be entitled, including proceedings under the jurisdiction
of the Municipal Court or injunctive or other civil relief as allowed by law.
30
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-16-2006
Subject: Agenda Item No.C.2
Discuss and take appropriate action to authorize EDC 4A to expend $60,000, plus fund an
annual payment of $60,000 for 10 years with the proceeds of the note funded by this
payment being utilized for park improvements, and authorizing the Town Manager to seek
financing.
EXPLANATION:
Additional information for the October 16th meeting:
There have been several alternatives discussed for the payment of the additional electrical costs if the
lights are installed in time for use during the current fiscal year:
• TXU has provided us with a revised rate schedule for this year that indicates a decline in
electrical rates of approximately 12%, thus we probably have some available funds in our current
budget that could be shifted to the parks budget to cover the additional cost.
• While no vote was taken, there appeared to a consensus on EDCA to cover any additional costs
that were incurred in the current fiscal year as a result of these projects.
• The soccer association appears to have enough reserves that they could potentially cover the
additional electrical costs in the current fiscal year.
• The construction of the lights could be postponed until the end of the current fiscal year in order
to allow the budget to be adjusted for next fiscal year.
With respect to the EDC funding the note directly, we only have one lending institution, First Financial
Bank, that is willing to consider lending directly to the EDC. They have not yet given us the interest rate
for the EDC loan but the rate for the Town would be 4.5% and they have advised us the rate for the EDC
would be higher.
EDC-A agreed to front $60,000 plus fund an annual note payment of $60,000 to be used for
improvements in our existing park system. All of these funds would be utilized in Harmony Park.
Attached below is a prioritized list of potential uses provided by the Park Board alternative uses are
shown as well although no pricing has been included. A $60,000 annual payment for 10 years at an
interest rate of 5% will generate a loan amount of approximately $463,000 and with the additional
$60,000 this will total approximately $523,000 in funds available for park rehabilitation and improvement.
If Council authorizes the EDC to expend these funds, staff anticipates bringing a loan agreement to the
Council for the October 16th meeting. Due to the Town’s ability to obtain better financing terms, the note
will be executed by the Town and the EDC will reimburse the Town for the annual payments.
At its September 12, 2006 meeting the Park Board prioritized a list of repairs and upgrades to be made at
Harmony Park, that will address immediate and future needs of that facility. The list is as follows:
1. Restroom renovations $120,000
2. Creation of an additional parking lot $50,000
3. Lighting of that parking lot $25,000
4. Playground shade structure $37,000
5. Shade structures on soccer fields $50,000
6. Field lighting (four fields) $258,000
31
7. Completion of the fitness stations
8. Eventual improvements to the gravel parking lot
9. Creation of a splash pad
10. Lighting of the gravel parking lot
The majority of the items can be purchased through a cooperative entity however there will be design
fees for some items as well as costs associated with the removal and relocation of irrigation and
landscape features. Staff will be looking into the possibility of lighting only two fields as opposed to four,
and operational costs for any lighting will be taken into account.
RECOMMENDATION: Staff recommends approval.
ACTION BY COUNCIL:
(aa)
32
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-16-2006
Subject: Agenda Item No.C.3
Discuss and take appropriate action regarding the nomination of one person to serve on
the Board of Directors of Denton County Transportation Authority.
EXPLANATION:
The nomination form must be returned to the Denton County Commissioner’s Court on or before October
18, 2006. Each properly nominated individual will have their name placed on a ballot. Then each city with
a population of more than 500, but less than 17,000, will be entitled to cast one vote for an individual on
the ballot. The three individuals receiving the highest plurality vote, as a result of the ballots cast, will be
designated to serve on the Board of Directors of the Denton County Transportation Authority.
To be eligible for nomination for election and appointment to the Board of Directors of the Denton County
Transportation Authority a person must have professional experience in the field of transportation,
business, government, engineering or law.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Letter from Judge Horn
2. Nomination Form
3. Conflict of Interest Form
33
34
35
36
37
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-16-2006
Subject: Agenda Item No.C.4
Discuss and take appropriate action regarding a Resolution adopting ICMA RC Deferred
Compensation Plan.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Resolution
38
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2006 -
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,
TEXAS ADOPTING THE ICMA RC DEFERRED COMPENSATION PLAN, APPROVING
EMPLOYEE PARTICIPATION INTO A 457 DEFERRED COMPENSATION PLAN; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, has employees rendering valuable
service; and
WHEREAS, the establishment of a deferred compensation plan for such employees serves the
interests of the Employer by enabling it to provide reasonable retirement security for its employees, by
providing increased flexibility in its personnel management system, and by assisting in the attraction and
retention of competent personnel; and
WHEREAS, the Town Council has determined that the establishment of a deferred compensation
plan to be administered by the ICMA Retirement Corporation serves the above objectives; and
WHEREAS, the Town Council desires that its deferred compensation plan be administered by the
ICMA Retirement Corporation, and that some or all of the funds held under such plan be invested in the
Vantage Trust company, a trust established by public employers for the collective investment of funds
held under their retirement and deferred compensation plans.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS:
Section 1. That the Town Council adopts the deferred compensation plan (the “Plan”) in the
form the ICMA Retirement Deferred Corporation Plan and Trust.
Section 2. That the Town Council hereby executes the Declaration of Trust of the Vantage
Trust Company, intending this execution to be operative with respect to any retirement of deferred
compensation plan subsequently established by the Employer, if the assets of the plan are to be invested
in the Vantage Trust Company.
Section 3. That the assets of the Plan shall be held in trust, with the Employer serving as
trustee, for the exclusive benefit of the Plan participants and their beneficiaries, and the assets shall not
be diverted to any other purpose.
Section 4. That the Plan will not permit loans and will not offer a Sidecar IRA program.
Section 5. That the Town hereby agrees to serve as trustee under the Plan.
Section 6. That the Human Resource Manager shall be the coordinator for this program;
shall receive necessary reports, notices, etc. from the ICMA Retirement Corporation or the Vantage Trust
Company; shall cast, on behalf of the Employer, any required votes under the Vantage Trust Company;
Administrative duties to carry out the plan may be assigned to the appropriate departments, and is
authorized to execute all necessary agreements with ICMA Retirement Corporation incidental to the
administration of authorized to execute all necessary agreements with ICMA Retirement Corporation
incidental to the administration of the Plan.
Section 7. That this Resolution shall become effective from and after its date of passage in
accordance with law.
39
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas on this the
16th day of October, 2006.
________________________________
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
40
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-16-2006
Subject: Agenda Item No.C.5
Discuss and take appropriate action regarding the regular scheduled Town Council
meeting dates for December 2006 and January 2007.
EXPLANATION:
The regular scheduled meeting dates for December 2006 are the 4th and 18th and for January 2007 are
the 1st and the 15th.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
41
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-16-2006
Subject: Agenda Item No.C.6
Discuss and take appropriate action regarding financials dated September 2006.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
42
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-16-2006
Subject: Agenda Item No.C.7
Items for Future Agenda.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. List
11/6/06
Discuss and take appropriate action regarding an Interlocal agreement with Southlake and Roanoke for
animal control.
Discuss and take appropriate action regarding the amendment to Ordinance 2002-44, extending the
Franchise contract with Charter communications.
Items for Future Agendas – Dates to be Determined
Discussion about storm water discharge from pools.
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.
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.
43
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-16-2006
Subject: Agenda Item No.C.8
Town Manager Report and Discussion Regarding Project Updates as Listed Below: There
will be no action taken regarding any individual project posted under this item and
discussion will be limited. If extensive discussion is required, the item may be placed on a
future agenda.
Administration:
· Update
Community Development:
· Update
Finance:
· Update
Information System:
· Software and Systems Update
Parks and Recreation
· Facilities and Programs
Planning & Zoning
· Zoning Submissions
Police and Fire Services
· Police Services Bureau
· Fire Services Bureau
Attachments: 1. None
44
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-16-2006
Subject: Agenda Item No.D.1
Adjourn.