Agenda Packet TC 08/20/2007 - Budget Workshop 1
Town of Trophy Club
Town Council Budget Workshop/Regular Meeting Agenda
100 Municipal Drive, Trophy Club, Texas 76262
Monday, August 20, 2007
5:00 P.M.
A.1 Call to order and announce a quorum.
A.2 Budget Workshop (5:00 - 7:00 P.M.)
A. Explanation of insurance costs by Rodney Dryden from Wellspring Insurance
Agency.
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 state under God
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.
B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
July 13, 2007.
C.1 Public Hearing: Town Council to conduct a Public Hearing regarding the budget
and proposed tax rate increase for fiscal year October 1, 2007 to September 30,
2008.
D.1 Discuss and take appropriate action regarding a request from Carter & Burgess,
Inc. on behalf of 831 Trophy, L.P./Centurion Acquisitions, L.P. to approve a
Preliminary Plat and a Final Plat of Trophy Club Drive, Phase 1 Master
Improvements (2.341 acres). FP-07-022 Final Plat Approval for Trophy Club
Drive, Phase 1 Master Improvements.
A. Discuss and take appropriate action relative to a Subdivider's Agreement for
Phase 1, Master Improvements
D.2 Discuss and take appropriate action regarding an Ordinance calling a Charter
Amendment Election for November 6, 2007 and approving the terms and
conditions of a Contract for Election Services with Denton County.
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D.3 Discuss and take appropriate action regarding an amendment to Section
5.04(D)(1) of Article V, Chapter 8 of the Code of Ordinances relating to the
number of PODS unit that may be placed upon any residential property at one
time.
D.4 Discuss and take appropriate action regarding an Interlocal Agreement between
the Town of Trophy Club and the Town of Flower Mound for the lease of two
police vehicles to Trophy Club.
D.5 Discuss and take appropriate action relative to the Interlocal Agreements
between the Town and the Trophy Club MUDs to provide water supply and
wastewater treatment and operational services to the Town.
D.6 Discuss and take appropriate action regarding the Service and Assessment Plan
for Emergency Services for the Trophy Club Public Improvement District No. 1
(The Highlands at Trophy Club) .
D.7 Discuss and take appropriate action regarding various revisions to the Handbook
for Elected and Appointed Officials:
A. Discuss and take appropriate action regarding Section 3, Conduct of Town
Officials.
B. Discuss and take appropriate action regarding Section 19, Compliance for
Enforcement.
C. Discuss and take appropriate action regarding Section 20, Procedures for
Enforcement.
D. Discuss and take appropriate action regarding any other sections of the
Handbook for Elected and Appointed Officials.
E. Discuss and take appropriate action regarding an effective date.
D.8 Discuss and receive input relative to potential amendments to Section 4.05(B)(2)
of Article IV, Chapter 5 of the Code of Ordinances relating to number, size and
placement of political signs.
D.9 Town Manager Emmons to designate an Acting Town Manager.
D.10 Items for Future Agenda.
D.11 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) Report from EDC 4a Liaison, Council member Moss.
b) Report from EDC 4B Liaison, Council member Sterling.
c) Town Manager's Report.
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E.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-20-2007
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: 8-20-2007
Subject: Agenda Item No.A.2
Budget Workshop (5:00 - 7:00 P.M.)
A. Explanation of insurance costs by Rodney Dryden from Wellspring
Insurance Agency.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-20-2007
Subject: Agenda Item No.A.3
Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-20-2007
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 state under God
and indivisible."
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-20-2007
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: 8-20-2007
Subject: Agenda Item No.B.1
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, July 13, 2007.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Minutes dated July 13, 2007
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MINUTES OF A TOWN COUNCIL BUDGET WORKSHOP FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Friday, July 13, 2007
6:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Budget Workshop Session on Friday, July
13, 2007. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Pam Cates Council Member
Susan Edstrom Council Member
Jim Moss Council Member
Philip Sterling Council Member
Kathleen Wilson Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Patricia Adams Town Attorney
Sakura Moten-Dedrick Finance Director
Danny Thomas Fire Chief
Mike Pastor IS Director
Adams Adams P & R Director
Scott Kniffen Police Chief
A.1 Mayor Sanders called the Budget Workshop Session to order at 6:10 p.m. noting a quorum was
present.
A.2 Town Manager Emmons gave his opening comments and introduced the staff members in
attendance.
A.3 Discussion and appropriate action to approve Interlocal Cooperation Agreement-Tax Collection
between Denton County and the Town of Trophy Club/Public Improvement District for Emergency
Protection Services.
Motion made by Moss, seconded by Edstrom to approve the Agreement with changes.
Motion passed unanimously.
TOWN COUNCIL TO CONVENE INTO BUDGET WORKSHOP
*BUDGET WORKSHOP
B.1 Budget Workshop:
Legal Patricia
Information Systems Mike
EMS/Fire Danny
Police Scott
Parks Adam
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Recreation Adam
The following summary of action items resulted from Council’s budget workshop:
Danny Mayor asked that we request split funding flags and flag repair with the MUD, which is
currently funded 100% with the Town.
Scott Susan requested that we add a Code Enforcement Officer to the Supplemental Funding
Request package.
Scott Susan asked specifically about an Animal Control grant that we have received for $1000.
No one knew about it but she wanted to ensure that these funds were dedicated solely
for this purpose of Animal Control. Please research and provide status of funds.
Brandon Mayor requested that the Northwest Independent School District provide the Town in
writing their intent to “donate” $30K for Tree City.
Ed Provide a list of much needed Storm Sewer repair projects.
Provide recurring update to Council on streets in relation to the Cartegraph software.
C.1 Adjourn.
Motion made by Edstrom, seconded by Sterling to adjourn.
Meeting adjourned at 9:26 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: 8-20-2007
Subject: Agenda Item No.C.1
Public Hearing: Town Council to conduct a Public Hearing regarding the
budget and proposed tax rate increase for fiscal year October 1, 2007 to
September 30, 2008.
EXPLANATION:
The Mayor is required to announce the date, time and place of the vote on the tax rate
and this announcement must be made during the public hearing on the tax rate.
Suggested wording for announcement, “The Town Council will be voting on the 2007-08
tax rate on September 24, 2007, during their Regular Session, which starts at 7:00 P.M.
The meeting will be held here in the Council Chambers.”
RECOMMENDATION:
ACTION BY COUNCIL:
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-20-2007
Subject: Agenda Item No.D.1
Discuss and take appropriate action regarding a request from Carter &
Burgess, Inc. on behalf of 831 Trophy, L.P./Centurion Acquisitions, L.P. to
approve a Preliminary Plat and a Final Plat of Trophy Club Drive, Phase 1
Master Improvements (2.341 acres). FP-07-022 Final Plat Approval for
Trophy Club Drive, Phase 1 Master Improvements.
A. Discuss and take appropriate action relative to a Subdivider's
Agreement for Phase 1, Master Improvements
Case Summary: This plat was previously presented to the Town Council as “Sheet 2”
of the Master Improvements plats that were tabled at the Town Council meetings on
July 9 and July 23, 2007, and for which the request for plat approval was withdrawn by
the applicant at the Town Council meeting on August 6, 2007. The Applicant withdrew
the request for plat approval because of concerns about conflict with the Public
Improvement District (PID) bonds. The PID bonds are scheduled to be approved by
Council in approximately October or November of 2007. Although the applicant could
request a delay until after the PID bonds are issued, the improvements to Trophy Club
Drive along the western boundary of the Highlands Neighborhoods 3 & 4, are needed
now as those two neighborhoods have been released for construction and work has
commenced on the infrastructure. Thus, the applicant split this plat out from the rest in
order to move ahead with these neighborhoods.
The Applicant is requesting approval of both a preliminary and final plat for Phase 1,
Master Improvements. The remaining master improvement plats will be resubmitted to
the Town after the PID bonds are issued.
Staff was still receiving information needed for the Subdivider’s Agreement on August
15, 2007, after the agenda deadline; therefore, a copy of the Subdivider's Agreement is
not included in the packet. Staff will continue working on that document and if it is
complete by the time of the Council meeting, it will be provided to Council for review and
action.
Traffic Impact Analysis: A memo from Innovative Transportation Solutions, Inc. is
attached providing analysis of the traffic impact for the Highlands Neighborhoods 3 & 4,
Phase 1A and 1B which will add 192 homes to the Town. ITS concludes that widening
of Trophy Club Drive to a 4- lane divided section is adequate to handle the increased
volume of traffic.
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Staff Review: Tom Rutledge, Town Engineer, has reviewed the plans for Phase 1 of
the master improvements. At time of packet delivery, the review was not complete. Mr.
Rutledge will give the Council a review on August 20, 2007.
Staff Recommendation: Staff recommends approval of FP-07-022, the Final Plat of
Trophy Club Drive, Phase 1.
Attachments: Application
Withdrawal Letter – Previous Master Improvement Plats
Traffic Impact Analysis Memo from Innovative Transportation
Solutions Inc. Plats
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-20-2007
Subject: Agenda Item No.D.2
Discuss and take appropriate action regarding an Ordinance calling a
Charter Amendment Election for November 6, 2007 and approving the
terms and conditions of a Contract for Election Services with Denton
County.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(bse)
Attachments: 1. Ordinance
2. Amendment – Second Draft
3. Propositions for Ballot
4. Denton County Contract
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Proposition No. 1:
An amendment to sections 3.12, 3.16(b), and 3.17 to provide that every
ordinance, resolution, motion or action of the Town Council shall require passage
by the affirmative vote of a majority of the Council qualified to vote unless a
different number is specifically required by law or Charter.
[ ] FOR
[ ] AGAINST
Proposition No. 2:
An amendment to section 4.07 of the Town Charter transferring the authority to
appoint the Town Secretary from the Town Council to the Town Manager with the
Council being required to approve the appointment by a majority vote.
[ ] FOR
[ ] AGAINST
Proposition No. 3:
An amendment to sections 6.01 and 6.03 of the Town Charter providing that any
elected Town official, including those appointed to elected positions, may be
subject to recall on any one or more of the following grounds: incompetency,
misconduct, malfeasance in office, or knowing or intentional violations of the
Charter, providing definitions of the terms incompetency, misconduct and
malfeasance, and requiring that a recall petition specifically state each ground
with enough certainty as to give the Officer sought to be removed notice of the
matters and things with which he is charged on each ground.
[ ] FOR
[ ] AGAINST
Proposition No. 4:
An amendment to sections 7.04, 7.07, and 7.09 of the Town Charter providing
that a majority of the Town Council has the authority to submit an ordinance,
resolution or proposition to popular vote as either a binding or non-binding
referendum by designating such item as either a binding or non-binding
referendum and providing that Council shall not repeal or amend an ordinance or
resolution passed as a binding referendum without submitting such ordinance or
resolution to a vote at an election.
[ ] FOR
[ ] AGAINST
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Proposition No. 5:
An amendment to Section 10.03 of the Town Charter to provide that the Town
Council, after public hearing, may grant, renew, extend and amend all franchises
for a term not to exceed thirty (30) years?
[ ] FOR
[ ] AGAINST
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THE STATE OF TEXAS II CONTRACT FOR
COUNTY OF DENTON ELECTION SERVICES
TOWN OF TROPHY CLUB
BY THE TERMS OF THIS CONTRACT made and entered into by and between
the Town of Trophy Club, as duly authorized by the Town Council hereinafter referred to
as the Council, serving by and through its Mayor, as duly authorized by the Council, and
DENTON COUNTY, TEXAS, acting by and through its Elections Administrator
hereinafter referred to as the Contracting Officer, pursuant to the authority of Section
31.091, of the Texas Election Code, agree to the following particulars in regard to
coordination, supervision and running of the Town of Trophy Club, November 6, 2007,
Charter Election in Denton County.
THIS AGREEMENT is entered into in consideration of the mutual covenants and
promises hereinafter set out. IT IS AGREED AS FOLLOWS:
I. DUTIES AND SERVICES OF CONTRACTING OFFICER. The Contracting
Officer shall be responsible for performing the following duties and shall furnish the
following services and equipment:
A. The Contracting Officer shall arrange for appointment, notification
(including writ of election), training and compensation of all presiding judges,
alternate judges, the judge of the Central Counting Station if required and judge
of the Early Voting Balloting Council.
a. The Contracting Officer shall be responsible for notification of each
Election Day and early voting presiding judge and alternate judge of his or her
appointment. The presiding election judge of each polling place will use his/her
discretion to determine when additional manpower is needed during peak voting
hours. The Contracting Officer will determine the number of clerks to work in the
Central Counting Station and the number of clerks to work on the early voting
ballot board. The Contracting Officer with the approval of the Council shall utilize
election judges appointed by the Denton County Commissioners Court.
b. The Contracting Officer shall compensate each election judge and
worker. Each judge and worker shall receive compensation per hour for services
rendered based on rates set by Denton County Commissioners Court.
c. Election Judges shall attend the Contracting Officer’s school of
instruction (Elections Seminar) to be held November 3, 2007 in the Denton
County Administration Building, 401 West Hickory, Denton 76201 or other
location to be announced at 9:00 a.m.
d. Election judges shall be responsible for picking up and returning
election supplies. Compensation for this pickup and return will be $25.00.
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B. The Contracting Officer shall procure, prepare, and distribute ballots,
election kits and election supplies.
a. The Contracting Officer shall secure election kits that include the
legal documentation required to hold an election and all supplies including locks,
pens, magic markers, etc.
b. The Contracting Officer shall secure all tables, chairs, duplication
ballots, and legal documentation required to run to the central counting station
and/or early voting ballot board.
c. The Contracting Officer shall provide all lists of registered voters
required for use on Election Day and for the early voting period required by law.
The Election Day list of registered voters shall be arranged in alphabetical order
by polling place in lieu of alphabetic by each precinct in each polling place. The
Contracting Officer may use the computer database for the list of registered
voters during early voting.
d. The Contracting Officer shall procure and arrange for the
distribution of all election equipment and supplies required to hold an election.
1. Equipment includes the rental of voting machines, ballot
boxes, transfer cases, voting signs, and directional poles and tote boxes.
2. Supplies include ballots, sample ballots, early voting mail
ballots, pens, tape, markers, etc.
C. The Elections Administrator of Denton County, Texas, shall be appointed
the Early Voting Clerk by the Town of Trophy Club for the election in Denton
County.
a. The Contracting Officer shall supervise and conduct Early Voting by
mail and in person and shall secure personnel to serve as Early Voting Clerks.
b. Early Voting by personal appearance for the Town of Trophy Club
November 6, 2007, Charter Election in Denton County shall be conducted on
weekdays beginning Monday, October 22, 2007, and continuing through Friday,
November 2, 2007. Times are as follows: October 22, 2007 through October
31st, 8:00am to 5:00pm;
November 1, 2007 through November 2nd, 7:00am through 7:00pm. Locations
and times of voting by personal appearance shall be as per Denton County
Elections Memo at Annex B.
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c. All applications for an Early Voting mail ballot shall be received and
processed by the Denton County Elections Administration Office, P.O. Box 1720,
Denton, Texas 76202.
1. Applications for mail ballots erroneously mailed to the Town
of Trophy Club shall immediately be faxed to the Contracting Officer for timely
processing. The original application shall then be forwarded to the Contracting
Officer for proper retention
2. All Federal Post Card applications (FPCA) will be sent a mail
ballot. No postage is required.
d. All Early Voting ballots (those cast by mail and those cast by
personal appearance) shall be prepared for count by the Early Voting Ballot
Board in accordance with Section 87.000 of the Texas Election Code. The
presiding judge of this Board shall be ____TBA________. The Board shall meet
for preparation of the early voting ballots on (as ordered by Commissioners
Court.)
D. The Contracting Officer shall arrange for the use of all Election Day polling
places. The Town of Trophy Club shall assume the responsibility of remitting 50% of
the cost of all employee services required to provide access, provide security, or
provide custodial services for the early voting and election day polling locations used
that are located within the Town, Trophy Club, Denton County Texas.
E. The Contracting Officer shall be responsible for tabulation of the voted
ballots in accordance with Section 127.000 of the Election Code and of this agreement.
Counting Station Manager shall be the Elections Administrator of Denton County,
Texas. The Tabulation Supervisor and Tabulation Operator shall be provided by the
Denton County Elections Administration Office and paid as a contract expense.
a. The tabulation supervisor shall prepare, test and run the county’s
tabulation system in accordance with statutory requirements and county policies,
under the auspices of the Contracting Officer.
b. The Public Logic and Accuracy Test of the electronic voting system
shall be conducted on (will be given at a later date) by the Contracting Officer.
(This date is subject to change based on receipt of jurisdiction ballot information
and programming. If date is changed, you will be notified at least 48 hours prior
to test)
c. Election night reports will be available to Council at the Elections
Office on election night.
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d. The Contracting Officer shall prepare the unofficial canvass report
after all precincts have been counted, and will provide a copy of the unofficial
canvass to the Council as soon as possible after all returns have been tallied.
e. The Contracting Officer shall be appointed the custodian of the
voted ballots and shall retain all election material for a period of 22 months.
1. Pending no litigation and as prescribed by law, the voted and
unused ballots shall be shredded or recycled 22 months after the election.
2. The Council can obtain the list of registered voters from the
Elections Administration Office during this retention period. Pending no litigation
and if the Council does not request the lists, the Contracting Officer shall destroy
them 22 months after the election.
f. The Contracting Officer shall conduct a partial manual count as
prescribed by Section 127.201 of the Texas Election Code and submit a written
report to the Council in a timely manner. The Secretary of State may waive this
requirement. If applicable, a written report shall be submitted to the Secretary of
State as required by Section 127.201(e) of the aforementioned code.
II. Duties and Services of the Council. The Council shall assume the following
responsibilities:
A. The Council shall prepare the election orders, resolutions, notices, justice
department submissions, official canvass and other pertinent documents for adoption by
the appropriate office or body.
a. The Contracting Officer shall publish and post the Notice of the
Public Logic and Accuracy Test of the electronic voting system and one press
release. The Contracting Officer shall also prepare a certification of tabulation
and an unofficial canvass reports that will assist the Council with the official
canvass.
b. The Council assumes the responsibility of posting all notices and
likewise posting the schedules for Early Voting and Election Day.
B. The Council shall provide the Contracting Officer with the ballot wording
and Spanish interpretation.
a. The Council shall deliver to the Contracting Officer as soon as
possible, but no later than 10:00am Friday, September 7, 2007, the official
wording in English and Spanish for the Council’s November 6, 2007, Charter
Election.
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b. The Council shall approve the “blue line” ballot format prior to the
final printing.
C. The Council shall post the publication of election notice by the proper
methods with the proper media.
D. The Council shall prepare and submit to the U.S. Department of Justice
under the Federal Voting Rights act of 1965, any required submissions on voting
changes.
E. The Council shall compensate the Contracting Officer for any additional
election costs incurred in the process of running this election or for a re-count this
election may require.
F. The Council shall submit with this signed contract a deposit of 75% of the
estimated election cost. The contract will not be accepted without this deposit.
G. The Council shall pay a prorated cost of conducting the said election, plus
the 10% administrative fee, pursuant to the Texas Election Code, Section 31.100, within
30 days from the date of final billing.
H. The Council shall provide the Contracting Officer with a “final” list of the
jurisdictions allowed to vote in this election. This list will be provided to the Contracting
Officer no later than (Date/Time will be provided at a later time).
III. Cost of Services. Costs of services will be prorated for ballots based on the
Town of Trophy Club precincts voting. The Town of Trophy Club will reimburse 50% of
ballot printing costs. Costs of labor and election supplies will be split 50/50 with Denton
County or other calculated rate if additional jurisdictions participate in the Trophy Club,
Town area of Denton County. The Town of Trophy Club will pay 100% of all
programming fees. See Annex A attached.
IV. General Provisions.
A. Nothing contained in this contract shall authorize or permit a change in the
officer with whom or the place at which any document or record relating to the Council’s
November 6, 2007, Charter Election is to be filed or the place at which any function is to
be carried out, or any nontransferable functions specified under Section 31.096 of the
Texas Election Code.
B. Upon request, the Contracting Officer will provide copies of all invoices
and other charges received in the process of running said election for the Council.
C. If the Council cancels their election pursuant to Section 2.053 of the Texas
Election Code, the Contracting Officer shall be paid a contract preparation fee of $75.
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An entity canceling an election will not be liable for any further costs incurred by the
Contracting Officer in conducting the November 6, 2007, Charter Election.
D. The Contracting Officer shall file copies of this contract with the County
Judge and the County Auditor of Denton County, Texas.
WITNESS BY MY HAND THIS THE __________ DAY OF ____________________,
2007.
DENTON COUNTY, TEXAS
By: ______________________
DON ALEXANDER
Denton County Elections Administrator
Denton County, Texas
WITNESS BY MY HAND THIS THE __________ DAY OF ____________________,
2007.
____________________________________
LISA RAMSEY
Town Secretary, Town of Trophy Club,
Denton County, Texas
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ANNEX B
November 6, 2007
Constitutional Amendment Election
Early Voting Locations
October 22 – 26 Monday - Friday 8:00a – 5:00p
October 29 – 31 Monday – Wednesday 8:00a – 5:00p
November 1 - 2 Thursday - Friday 7:00a – 7:00p
Aubrey Community Center Denton City Hall
226 Countryside, Aubrey 215 E. McKinney, Denton
The Colony Government Center Lake Dallas City Hall
6301 Main, The Colony 212 Main St., Lake Dallas
Sanger First Baptist Church Justin Municipal Building
708 S. 5th St., Sanger 415 N. College, Justin
October 22 – 26 Monday - Friday 8:00a – 5:00p
October 27 Saturday 9:00a – 4:00p
October 29 – 31 Monday – Wednesday 8:00a – 5:00p
November 1 - 2 Thursday - Friday 7:00a – 7:00p
Joseph A. Carroll Admin. Building Carrollton Public Library
401 W. Hickory, Denton 4220 N. Josey, Carrollton
Roanoke Community Center Lewisville Municipal Annex
312 S. Walnut, Roanoke 1197 W. Main Street, Lewisville
Highland Village Municipal Complex (City Hall) Frankford Town Houses
1000 Highland Village Dr., Highland Village 18110 Marsh Ln., Dallas
Flower Mound Municipal Police and Court Building
4150 Kirkpatrick, Flower Mound
Temporary Early Voting Location
Dates and Times
Thursday – Friday November 1 – 2 7:00a – 7:00p
Trophy Club MUD
100 Municipal Dr., Trophy Club
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Attachment "A" November 6, 2007 Denton County Elections Contract Worksheet
City of Trophy Club
Election Costs Units Cost Per Unit Estimated Actual 50/50 with Denton County
Ballots (cost per thousand) 0 $190.00 0 $0.00 $0.00
Early Voting Mail Ballots 0 Included 0 $0.00 $0.00
Election Kits (Early& Election) 2 $35.00 70 $70.00 $35.00
Early Voting Ballot Board Kit 0 $35.00 0 $0.00 $0.00
Precinct Maps 0 $20.00 0 $0.00 $0.00
City or ISD Maps 0 $20.00 0 $0.00 $0.00
Ballot Boxes 0 $5.00 0 $0.00 $0.00
Voting Booth (One kit = two booths) 5 $5.00 25 $25.00 $12.50
eSlate Voting Machines Rental (Ea) 12 $300.00 3,600.00 $3,600.00 $1,800.00
eScan Voting Machine Rental (ea) 2 $300.00 600 $600.00 $300.00
Programing eScan/eSlate per Election 1 $400.00 400 $400.00 $400.00
Election Signs 0 $1.00 0 $0.00 $0.00
Mail Ballot Kits 0 $1.00 0 $0.00 $0.00
Postage for Mail Ballot Kits 0 $0.52 0 $0.00 $0.00
Workers(Early Voting (hours) 0 $8.00 0 $0.00 $0.00
FICA on Early Workers 0 $0.08 0 $0.00 $0.00
Pickup and Delivery of Supplies 0 $25.00 0 $0.00 $0.00
Delivery of EV (Duryea M&S) 2 $85.00 170 $170.00 $85.00
Computers (Ea) 1 $250.00 250 $250.00 $125.00
Programing Computers per election 1 $300.00 300 $300.00 $150.00
Election Day Workers (hours) 0 $8.00 0 $0.00 TBD
FICA on Election Day Workers 0 $0.08 0 $0.00 TBD
EV Ballot Board Personnel (hours) 0 $9.00 0 $0.00 TBD
Administrative Personnel Costs 0 TBD 0 $0.00 TBD
Worksheet Total Expense $5,415.00 $5,415.00 $2,907.50
Estimated Amount Paid Check Number
Election Total $5,415.00
Election Service Fee $541.50
Election Total Cost $5,956.50 Date Received
Deposit (75%) $4,467.38
(Overpaid)/ Underpaid
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-20-2007
Subject: Agenda Item No.D.3
Discuss and take appropriate action regarding an amendment to Section
5.04(D)(1) of Article V, Chapter 8 of the Code of Ordinances relating to the
number of PODS unit that may be placed upon any residential property at
one time.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Ordinance
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2007-
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING CHAPTER
8 OF THE CODE OF ORDINANCES, ENTITLED NUISANCES, ARTICLE V, ENTITLED
OUTDOOR STORAGE/OUTDOOR DISPLAY, BY AMENDING SUBSECTION D(1),
ENTITLED “NUMBER AND SIZE OF UNITS” OF SECTION 5.04, ENTITLED
PORTABLE HOME STORAGE UNITS; PROVIDING FOR THE INCORPORATION OF
PREMISES; PROVIDING FOR AN AMENDMENT TO ALLOW A MAXIMUM OF TWO
(2) PODS UNITS; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR
CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club (hereinafter referred to as “Town”) is a Home Rule
Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the
Texas Constitution and Chapter 9 of the Texas Local Government Code; and
WHEREAS the Town adopted Chapter 8, Article V, Section 5.04 (D), entitled “Number and Size
of Units” establishing regulations governing the number of PODS unit that may be placed upon any
residential property at one time; and
WHEREAS, the Town Council finds it necessary to revise the regulations relating to outdoor
storage and display, specifically related to the maximum number of PODs units to be located within
residential districts while keeping order, safety and sanitation, and maintaining the current aesthetic
excellence of the Town of Trophy Club; and
WHEREAS, after due deliberation and consideration by Town Council of the Town of Trophy
Club, Texas at a properly posted meeting, the Town Council now deems it necessary to adopt this
Ordinance amending the Code of Ordinances of the Town as specifically provided below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS.
SECTION 1.
INCORPORATION OF PREMISES
All of the above premises are found to be true and correct and are incorporated into the body of
this Ordinance as if copied in their entirety.
SECTION 2.
AMENDMENT
2.01 Article V, entitled “Outdoor Storage/Outdoor Display” of Chapter 8, entitled “Nuisances” of the
Code of Ordinances of the Town of Trophy Club, Texas, is hereby amended, so that Subsection
D (1) of Section 5.04 entitled “Number and Size of Units” shall read in its entirety as follows:
Section 5.04 Portable Home Storage Units
D. Number and Size of Units:
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1. Only one two (2) PODS units may be placed upon any residential property at one time
and the size of the unit shall not exceed ten feet (10’) in width or twenty feet (20’) in
length.
SECTION 3.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town affecting Portable
Home Storage Units 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 or amended 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 4.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all
violations of the provisions of any Ordinance affecting Portable Home Storage Units regulations which
have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all
pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same
shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 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 this
Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this
Ordinance despite such invalidity, which remaining portions shall remain in full force and effect.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any person
violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not
less than One Dollar ($1.00) and not more than Two Thousand Dollars ($2,000.00), and a separate
offense shall be deemed committed each day during or on which a violation occurs or continues.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption,
Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local
Government Code.
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SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this
Ordinance as required by the Town Charter and state law.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and publication as
provided by law, and it is so ordained.
PASSED AND APPROVED by the Town of Trophy Club, Texas this the 20th day of August 2007.
Mayor, Nick Sanders
Town of Trophy Club, Texas
Effective Date:
[SEAL]
ATTEST:
Town Secretary, Lisa Ramsey
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Town Attorney, Patricia Adams
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-20-2007
Subject: Agenda Item No.D.4
Discuss and take appropriate action regarding an Interlocal Agreement
between the Town of Trophy Club and the Town of Flower Mound for the
lease of two police vehicles to Trophy Club.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(sk)
Attachments: 1. Interlocal Agreement
49
STATE OF TEXAS )
)
COUNTY OF DENTON )
INTERLOCAL AGREEMENT
WHEREAS, the Texas Interlocal Cooperation Act, contained in Chapter 791 of
the Texas Government Code, authorizes Texas local governments to contract with one
or more other local governments to perform governmental functions and services under
the terms of said Act; and
WHEREAS, the Town of Trophy Club, Texas, hereinafter “Trophy Club,” and the
Town of Flower Mound, Texas, hereinafter “Flower Mound,” desire to enter into an
interlocal agreement; and
WHEREAS, in an effort to assist Trophy Club in its police functions, Flower
Mound desires to lease to Trophy Club two (2) police vehicles, pursuant to the terms
and conditions listed below; and
WHEREAS, the provision of police services by and between municipalities
clearly is a governmental function and provides protection and safety for police
personnel and the public; and
WHEREAS, both Flower Mound and Trophy Club have determined that this
interlocal agreement is in the best interests of both municipalities and the public; and
WHEREAS, both Flower Mound and Trophy Club agree that the consideration
referenced herein is adequate for the performance of the responsibilities as set forth in
this interlocal agreement.
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NOW, THEREFORE, THIS INTERLOCAL AGREEMENT is hereby made and
entered into by the Flower Mound and Trophy Club for the mutual consideration stated
herein, subject the following terms and conditions:
I.
Flower Mound agrees to lease to Trophy Club two (2) police vehicles within
ninety (90) days of the execution of this Interlocal Agreement. Flower Mound and
Trophy Club hereby agree to the following lease terms:
A. The vehicles so leased to Trophy Club by Flower Mound shall be Flower
Mound police vehicles previously leased to the Town of Marshall Creek. Said police
vehicles shall be essentially as-is for use by Trophy Club, and Trophy Club shall install
radios and provide markings on the police vehicles that reflect that they are Trophy Club
police vehicles.
B. Trophy Club agrees to pay to Flower Mound, out of current revenues
annually, a lease price of $1.00 per fiscal year for each police vehicle. This amount
shall be paid, on October 1, 2007, for Fiscal Year 2007-2008, and on October 1 for each
succeeding fiscal year. Title to such police vehicles shall remain in Flower Mound’s
name.
C. Upon taking possession of either or both police vehicles by Trophy Club,
Flower Mound shall have no liability for any subsequent repairs or upkeep of, or
damage to, any police vehicle so leased. Additionally, Trophy Club at its expense shall
maintain comprehensive general liability insurance on any leased police vehicles, with
Flower Mound named as an additional insured. Trophy Club agrees that it shall
maintain any and all leased police vehicles in good repair and operable condition.
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Trophy Club assumes all liability and responsibility for and agrees to fully indemnify,
hold harmless and defend the Town of Flower Mound and its officers, agents, servants
and employees, to the extent permitted by law, from and against all claims, damages,
losses and expenses, including but not limited to attorney’s fees, for injury to or death of
a person or damage to property, arising out of or in connection with, directly or
indirectly, the performance, attempted performance or non-performance of the police
vehicles in question and all matters described herein or in any way resulting from or
arising out of the operation and usage of the police vehicles and all matters described
herein. In the event of joint or concurring responsibility of Flower Mound and Trophy
Club, responsibility and indemnity, if any, shall be apportioned comparatively in
accordance with Texas law, without waiving any defense of the parties under Texas
law.
D. In the event that any or all leased police vehicles are rendered completely
inoperable, damaged beyond repair or are otherwise in such condition as to be no
longer useful for their intended purposes as a police vehicle, Trophy Club shall so notify
Flower Mound and consult with Flower Mound about options available to the parties,
which may include auction, sale or scrap value, with any funds received relative to such
police vehicles to be paid to Flower Mound.
E. Both Flower Mound and Trophy Club acknowledge that by entering into
this Interlocal Agreement that neither is expanding nor reducing any civil liability that
each may have under Texas law, pursuant to Section 791.006 of the Texas
Government Code, as amended, and that each party hereto is fairly compensated for
such services referenced herein. It is expressly understood and agreed that, in the
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execution of this Interlocal Agreement, no party waives, nor shall be deemed hereby to
have waived any immunity or defense that would otherwise be available to it against
claims arising in the exercise of governmental powers and functions. By entering into
this Interlocal Agreement, the parties do not create any obligations, express or implied,
other than those set forth herein, and this agreement shall not create any rights in
parties not signatories hereto.
F. Either party may terminate this Interlocal Agreement by giving the other
sixty (60) days’ written notice of such termination.
II.
This Interlocal Agreement may not be assigned and it embodies the entire
agreement between the parties.
III.
This Interlocal Agreement supersedes all prior agreements, oral or written, with
respect to the subject matter hereof. The provisions of this Interlocal Agreement shall
be construed as a whole and not strictly for or against any party.
IV.
A telecopied facsimile of a duly executed counterpart of this Interlocal Agreement
shall be sufficient to evidence the binding agreement of each party to the terms herein.
V.
The governing bodies of both Flower Mound and Trophy Club have authorized
those individuals who have affixed their signatures to this Interlocal Agreement to do so
and to bind both Flower Mound and Trophy Club.
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VI.
No modifications or amendments to this Interlocal Agreement shall be valid
unless in writing and signed by the signatories hereto or their heirs, successors,
assigns, administrators, executors or legal representatives.
VII.
The Interlocal Agreement shall become a binding obligation on the signatories
upon execution by all signatories hereto.
VIII.
In the event that one or more of the provisions contained in this Interlocal
Agreement for any reason shall be held to be invalid, illegal or unenforceable in any
respect, such invalidity, illegality or unenforceability of this Interlocal Agreement shall be
construed as if such invalid, illegal or unenforceable provision had never been
contained herein, but shall not affect the remaining provisions of this Interlocal
Agreement, which shall remain in full force and effect.
IX.
In the event of any dispute regarding this Interlocal Agreement or the terms
contained herein, the parties hereto agree that they shall submit such dispute to non-
binding mediation.
EXECUTED this _____ day of ______________________, 2007, by the Town of
Flower Mound, Texas, pursuant to Town Council action taken on
_______________________, 2007, and by the Town of Trophy Club, pursuant to Town
Council action taken on ___________________________, 2007
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TOWN OF FLOWER MOUND, TEXAS TOWN OF TROPHY CLUB, TEXAS
By:_________________________________ By:_____________________________
Jody A. Smith Nick Sanders
Mayor Mayor
ATTEST: ATTEST:
_______________________________ _______________________________
Paula Paschal, TRMC Lisa Ramsey
Town Secretary Town Secretary
APPROVED AS TO FORM: APPROVED AS TO FORM:
_______________________ _________________________
Terry Welch Patricia Adams
Town Attorney Town Attorney
55
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-20-2007
Subject: Agenda Item No.D.5
Discuss and take appropriate action relative to the Interlocal Agreements
between the Town and the Trophy Club MUDs to provide water supply and
wastewater treatment and operational services to the Town.
EXPLANATION:
Included in the agenda are the draft agreements that were distributed at the Joint
workshop held on July 12, 2007 with the MUDs and Town Council.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Draft Payment Contract – Water Supply and Wastewater Treatment
2. Draft Operations Contract
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PAYMENT CONTRACT
CONTRACT FOR WATER SUPPLY AND WASTEWATER TREATMENT,
BETWEEN THE TOWN OF TROPHY CLUB, TEXAS, TROPHY CLUB MUNICIPAL
UTILITY DISTRICT NO. 1 AND TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.
2
This WATER SUPPLY and WASTEWATER TREATMENT CONTRACT (“Contract”) is
entered into between THE TOWN OF TROPHY CLUB, TEXAS, a home rule
municipality located in Denton and Tarrant Counties (hereinafter “Town”) and TROPHY
CLUB MUNICIPAL UTILITY DISTRICT NO. ONE (hereinafter “MUD1”), AND TROPHY
CLUB MUNICIPAL UTILITY NO. TWO (hereinafter “MUD2”), both Districts created
pursuant to Section 59, Article XVI, Texas Constitution and the Texas Water Code,
Chapter 54. MUD1 and MUD2 are hereafter referred to collectively as “MUDs.”
Recitals
WHEREAS, MUDs currently supply water and wastewater treatment and
distribution and collection services to those customers located within the boundaries of
MUDs; and
WHEREAS, Town is empowered under the Texas Constitution and laws of the
State of Texas to provide Water and Wastewater Services to a certain portion of
property located within the territorial boundaries of Town which property is not located
within the boundaries of MUDs nor is provided water or wastewater services therefrom,
hereinafter referred to as the “Property” and more fully described in Exhibit “A”; and
WHEREAS, as a result of the development occurring on the Property, Town
desires to receive access to water supply and wastewater treatment from MUDs to
serve the Property, in accordance with the terms and provisions set forth herein; and
WHEREAS, Town has created Trophy Club Public Improvement District No. 1
(hereinafter the “PID”) within the boundaries of the Property; and
WHEREAS, in the process of creating the PID and the accompanying
development agreement, the Developer(s) of the Property has agreed to make certain
payments to Town for the right to access and receive water supply and wastewater
treatment from the existing waster and wastewater facilities owned by MUDs and Town
has agreed to enter into this interlocal agreement with MUDs to secure the desired
water supply and wastewater treatment facilities for the Property, and such services
specifically set forth herein; and
WHEREAS, Town has made no comment regarding whether MUD1 or MUD2 is
or in what combination MUDs are the rightful recipient of the payments referred to
above, and this Contract is not intended to make any such comment as to the Town’s
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belief of how MUDs should use or distribute among themselves the funds received from
Town under this Contract; and
WHEREAS, in order to allow the Town and Developer(s) to proceed forward with
the development of the Property, the Parties have agreed that the funds to be paid by
Town pursuant to this Contract will be deposited into an escrow account with a neutral
escrow agent until such time as MUD1 and MUD2 reach agreement with each other as
to how such funds should be distributed or used; and
WHEREAS, MUDs understand and acknowledge that by entering into this
Contract to provide Water Supply Transmission Services and/or Wastewater Services,
they are committing their respective assets and ownership interests for use by the Town
collectively in accordance with the terms of this Contract for the purpose of allowing the
Town to provide Water and wastewater services to Town Customers; and
WHEREAS, the purpose of this Agreement is to outline the terms and conditions
under which MUDs will provide access to water supply and wastewater treatment and
the payments that will be made for such access; and
WHEREAS, Town acknowledges that MUD1, MUD2 or a combination of both
can only provide Water and/or Wastewater Treatment capacity to the extent that such
MUD or MUDs own(s) the respective capacities to provide.
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; and
WHEREAS, the provision of water and wastewater facilities is a valid
governmental function necessary for the public health, safety and welfare as provided in
the Intergovernmental Relations Section of the Texas Government Code at Chapter
791.026 which authorizes the Parties to contract to obtain or provide all or part of water
supply and wastewater treatment facilities under a contract that extends for any period
on which the parties agree; and
WHEREAS, each Party hereto paying for the performance of governmental
functions or services shall make such payments from current revenues legally available
to the paying Party and each Party hereby finds and agrees that it is fairly compensated
for the services or functions performed under the terms of this Contract.
NOW, THEREFORE, Town and MUDs, for and in consideration of the recitals set
forth above and terms and conditions below, agree as follows:
ARTICLE I.
INCORPORATION / DEFINITIONS / EXHIBITS
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1.1 Incorporation of Recitals. The foregoing recitals are agreed upon and
incorporated herein as a part of this Contract.
1.2 Definitions. Unless the content indicates others, the following words used in
this Contract shall have the following meanings:
Commission means the Texas Commission on Environmental Quality and any
successor or successors exercising any of its duties and functions related to municipal
utility districts.
Developer(s) means the owner and additional owners of the Property as
identified in the Highlands at Trophy Club Development and Public Improvement District
Agreement executed by and between Town and record owners of the Property and shall
also include subsequent Person(s) who purchase the Property or a portion thereof.
Development Agreement means that separate agreement between Town and the
Developer(s) of the Property, as amended from time to time, regulating the terms and
conditions of the development of that Property and under which the Developer has
agreed to make certain payments to Town in consideration for Town’s agreement to
enter into a contract with MUDs to purchase water supply and wastewater treatment for
the benefit of the Property.
EPA means the federal Environmental Protection Agency and any successor or
successors exercising any of its duties and functions related to municipal utility districts.
Existing Infrastructure means Water System and Wastewater System and all
components thereof existing and operational and owned and/or controlled by MUDs,
whether individually or jointly, on the date of execution of this Contract.
Fort Worth Water Contract means the Contract for Water Service Between the
City of Fort Worth, Texas, and Trophy Club Municipal Utility District NO. 1, dated
September 22, 1992, as amended.
Interconnect Line means the water line(s) constructed by Town to connect to
MUDs’ Water System of the size and at the location to be mutually agreed upon by
Town and MUDs.
Lift Station means any mechanical means of conveying wastewater by force.
MUDs Escrow Account means the escrow account established by MUDs with a
neutral third-party escrow agent such as TexPool, a bank, or other escrow business,
where funds paid by Town under this Contract will be deposited and remain invested
until MUD1 and MUD2 reach agreement with each other as to how such funds should
be distributed or used.
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ALTERNATIVELY: remain invested until disposition of the funds is directed by
agreement of MUD1 and MUD2, by court order, or by order of a binding arbitrator.
DISCUSSION POINT: MUD lawyers each proposed alternative language.
Meter Fee means a fee of $2,300 added to the cost of each residential building
permit in need of a 5/8” meter for such 5/8” meter, which fee shall be to compensate
MUDs for the right to access and receive Water Supply Transmission Services and
Wastewater Treatment from Existing Infrastructure.
Parties or Party shall mean either one or more of the MUDs or Town or both, as
the context provides.
Person(s) means an individual, corporation, partnership, association, joint
venture or any other third party legal entity.
Points of Connection of Wastewater means that point or points where Town
Wastewater System connects to MUDs’ Wastewater System.
Points of Connection of Water means that point or points where Town Water
System connects to MUDs’ Water System.
Property means that certain portion of property located within the territorial
boundaries of Town of Trophy Club and to which Town is empowered under the Texas
Constitution and laws of the state of Texas to provide Water and Wastewater Services
and which property is not located within the boundaries of either of MUDs nor is
provided Water or Wastewater services from either of MUDs.
Town means Town of Trophy Club, Texas, a home rule municipality located in
Denton and Tarrant Counties, Texas, and all land included within the territorial limits
and extraterritorial jurisdiction of Town, at Town’s creation and thereafter annexed from
time to time, excluding any and all land that is part of the Town but which lies outside of
the service area as identified in the Fort Worth Water Contract.
Town Customers means any Person(s) who has the right to receive, who
contract to receive or who otherwise receive Water and/or Wastewater Services from
Town Water Distribution System and/or Town Wastewater Collection System.
Town Wastewater Collection System means the wastewater system that may be
constructed, owned and operated by Town to serve Town for the collection of
Wastewater received from customers within Town, ending at the Point of Connection of
Wastewater, and will include any sewer force mains and Lift Stations that will be
required to transport Wastewater to the Point of Connection of Wastewater.
Town Water Distribution System means the water distribution system that may
be constructed, owned and operated by Town for the distribution of potable water
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received from MUDs to Town Customers and beginning at the Points of Connection of
Water.
Town Water Tower means a minimum 500,000 gallon elevated storage tank to
be constructed and owned by Town.
Wastewater means the water-carried wastes, exclusive of ground, surface, and
storm waters, normally discharged from the sanitary conveniences of dwellings,
including apartment houses, hotels, offices buildings and institutions, of a domestic, not
industrial, nature, meeting the requirements of the Commission (defined above) and
EPA, including any successor agencies, set forth in and regulated by state and federal
law, as may be amended or superseded from time to time.
Wastewater Services means the services provided by MUDs in receiving,
treating, testing, and disposing of Wastewater from Town Wastewater System in
accordance with the Contract.
Wastewater System means the wastewater collection lines, lift stations, pipes,
valves, meters, pumps, motors, treatment plant, effluent discharge lines, and other
facilities and equipment owned or controlled by MUD1, MUD2, or Trophy Club Master
District and operated as part of the central wastewater collection and treatment system
for MUD1 and MUD2 and their customers, and also including the existing PERMIT TO
DISCHARGE WASTES, TPDES PERMIT NO. WQ0011593001, issued March 26, 2007,
by the Commission to MUD1, as amended, or any other such governmental permit
authorizing the treatment of wastewater by MUDs.
Wastewater Trunk Facilities means the trunk line facilities that may be
constructed by Town to connect Town Wastewater System to MUDs Wastewater
System as provided in Article V of this Contract.
Water or Water Supply means potable water that meets federal and state
standards for consumption by humans.
Water Supply Transmission Services means the services provided by MUDs in
treating, pumping, transporting, and delivering Water from MUDs’ Water System to
Town Water Distribution System for consumption by Town customers in accordance
with this Contract.
Water System means the water wells, water transmission pipeline from the City
of Fort Worth (or other wholesale water supplier), mixing and treatment facilities, pipes,
valves, meters, ground storage tanks, elevated storage tank, pumps, motors,
distribution lines and other facilities and equipment owned or controlled by MUD1,
MUD2 or Trophy Club Master District and operated as part of the central treated water
system for MUD1 and MUD2 and their customers, and also including the existing
CONTRACT FOR WATER SERVICE BETWEEN THE CITY OF FORT WORTH,
TEXAS, AND TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 (as the owner of
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legal title and operator of common utility facilities in Trophy Club development at that
time) dated September 22, 1992, as amended, or any other such wholesale water
supply contract to MUDs.
1.3 Exhibits. The following Exhibits attached to this Contract are hereby made a
part of the Contract as though fully incorporated herein:
Exhibit “A” - Property Boundaries
Exhibit “B” - Points of Connection of Water and Wastewater
ARTICLE II.
POINTS OF CONNECTION - WATER
2.1 Points of Connection of Water. MUDs shall deliver Water to Town Water
Distribution System at the Points of Connection of Water. The location of the first Point
of Connection of Water shall be at the point shown on Exhibit “B.” MUDs shall not be
required to provide Water to Town, except for testing of line purposes, until the
completion by Town and final approval of the Interconnect Line by MUDs, which final
approval shall not be unreasonably withheld by MUDS. Any subsequent Points of
Connection of Water will be at a point(s) mutually agreed upon in writing by the Parties
and shall be based upon design standards and industry standard engineering practices.
ARTICLE III.
POINTS OF CONNECTION - WASTEWATER
3.1 Points of Connection of Wastewater. MUDs shall receive Wastewater from
Town Wastewater System at the Points of Connection of Wastewater. The location of
the first Point of Connection of Wastewater shall be at the point shown on Exhibit “B,”
MUDs shall not be required to commence Wastewater Service to Town until the
completion by Town and final approval of the Wastewater Trunk Facilities by MUDs,
which final approval shall not be unreasonably withheld by MUDS. Any subsequent
Points of Connection of Wastewater will be at a point(s) mutually agreed upon in writing
by the Parties and shall be based upon design standards and industry standard
engineering practices.
ARTICLE IV.
COMPENSATION TO MUDS FOR ACCESS TO EXISTING INFRASTRUCTURE
4. 1 Consideration. MUDs understand and acknowledge that Town has entered into
a separate Development Agreement for the Property and that the terms of the
Development Agreement require Town to obtain access to and provide water and
wastewater treatment services for the Property. In consideration for the right to access
and receive Water Supply Transmission Services and Wastewater Services from
Existing Infrastructure and so that Town may fulfill its obligations under the
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Development Agreement, Town agrees to pay MUDs in accordance with the terms of
this section:
A. Lump Sum Payment. Within fifteen (15) days of Town’s receipt of the
$540,000 lump sum payment due Town from Developer pursuant to the Development
Agreement for the right to access Water Supply and Wastewater Treatment, Town shall
deposit such sum into “MUDs Escrow Account.” Such payment shall be in
consideration for the right to access Water Supply in the Existing Infrastructure prior to
any connection to the Existing Infrastructure. Town shall make payments to MUDs
Escrow Account as directed by a majority of both MUD Boards, by order of a binding
arbitrator, or as directed by court order.
B. Meter Fees. Town’s fee schedule provides that a Meter Fee shall be paid
to Town by the applicant for each residential building permit in need of a 5/8” meter,
which fee shall be paid by Town to MUDs in accordance with the terms of this section in
order to compensate MUDs for the right to access and receive Water Supply
Transmission Services and Wastewater Services from Existing Infrastructure. Upon
collection of one or more Meter Fees by Town, such Meter Fees shall be deposited by
Town into MUDs Escrow Account. Town shall continue to collect and to deposit such
Meter Fees into MUDs Escrow Account until such time as the total amount paid into that
account equals $3,260,000. Town shall collect and deposit a minimum of one hundred
fifty (150) Meter Fees each year, for a total of five (5) successive years commencing on
May 7, 2008 (hereinafter “Collection Period”). In the event that more than 150 Meter
Fees are collected by Town in any one or more years of the Collection Period, such
Meter Fees in excess of the 150 Meter Fees required under this Section shall be carried
over to the following year or years and shall be a credit toward the total Meter Fees due
for such subsequent year or years. In the event that fewer than 150 Meter Fees are
collected by Town during any one or more year(s) of the Collection Period, including
those Meter Fees carried over from any given year in which more than 150 Meter Fees
were collected by Town, Town shall within ten (10) days of collection of such Meter
Fees from Developer, pay into MUDs Escrow Account the difference between the
amount that would have been paid had 150 Meter Fees been paid at $2,300 each and
the amount of Meter Fees actually collected by Town. On or after May 7, 2013, Town
shall calculate the total amount of Meter Fees paid to MUDs. Town shall provide MUDs
written notice of any amount paid less than $3,260,000 (the "Meter Fee Remainder").
The Meter Fee Remainder shall either be paid in thirty (30) days of Town’s receipt of
that payment from Developer pursuant to the Development Agreement, or within such
thirty (30) day period, a letter of credit, or other financial security, which secures ten
percent (10%) annual rate of interest of the Meter Fee Remainder, shall be obtained
from Developer by Town pursuant to the Development Agreement, Annually thereafter,
Town shall obtain from Developer pursuant to the Development Agreement, a letter of
credit or other financial security, as approved by Town, securing the ten percent (10%)
annual rate of interest of any remaining amount of Meter Fees paid less than
$3,260,000, until the full $3,260,000 is paid. Any and all letters of credit or other
financial security obtained by Town pursuant to this Section shall be obtained for the
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benefit of MUDs as security to ensure that payment of the $3,260,000 amount due to
MUDs is paid in full.
C. Town Water Tower. Town shall, as it determines in its sole discretion,
construct and put into operation Town Water Tower at such time as Town determines it
necessary and appropriate to construct such Town Water Tower.
DISCUSSION POINT: Time line or trigger for construction of the water tower, i.e,
tie commencement of construction to number of homes, number of permits
issued or population.
D. Impact Fees. Town understands that MUDs have a separate agreement
for water services with the City of Fort Worth (hereinafter “Fort Worth Contract”) and
that pursuant to that Fort Worth Contract, MUDs collect certain impact fees from their
customers that are paid to Fort Worth. Town understands and agrees that as a water
supply customer of MUDs, Town will be required to pay all impact fees due under the
Fort Worth Contract. Therefore, Town agrees to take such actions necessary to collect
or to allow for the collection from Town Customers an amount equal to the impact fee
assessed by the City of Fort Worth pursuant to the Fort Worth Contract and to remit
such sum to MUDs in the amount and in accordance with the terms set forth in the Fort
Worth Contract. Upon receipt of such funds from Town, MUDs shall immediately remit
that amount to the City of Fort Worth. Notwithstanding the foregoing, no amount shall
be due and owing from Town to MUDs until such time as payment for impact fees is
collected by Town from Town Customers.
ARTICLE V.
TERM
5.1 Term. This Contract shall become effective upon approval by each of the
respective governing bodies of Town, MUD1 and MUD2 and upon execution by their
respective authorized representatives, and shall remain in effect for a term of one (1)
year, and shall renew annually for seven (7) additional terms of one (1) year each
unless terminated by any Party as provided herein.
DISCUSSION POINT – The number 7 was added to provide a more definite term.
The first draft had continuous one year renewals for an indefinite period of time.
5.2 Termination for Default. Any Party to this Contract who believes that the other
Party to this Contract has defaulted in the performance of any condition, term, or
obligation owed to that Party under the Contract other than the payment of monies
owed hereunder shall give written notice of the default to the defaulting Party, specifying
in detail the provision or provisions of the Contract that have been breached and
specifying what action must be taken to cure or correct the default. Should the Party
receiving the notice fail to correct the default within sixty (60) days following receipt of
the written notice, and if such corrective action is within the power of the defaulting
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Party, the Party giving the notice of default may terminate this Contract by giving a
written termination notice to the defaulting Party specifying the termination date.
5.3 Termination without default. Any Party shall have the right to terminate this
contract without cause upon written notice to the other Party. Such notice of
termination must be provided at least 180 days in advance of such termination date, but
in no case shall termination be allowed earlier than one (1) year from the date of
execution of this Contract.
ARTICLE VI.
MISCELLANEOUS
6.1 Remedies Cumulative. The Parties specifically agree that the remedy of specific
performance of this Contract is an appropriate and necessary remedy and agree that
any Party may employ the remedy of specific performance in the event of a breach of
this Contract. It is not intended hereby to specify (and this Contract shall not be
considered as specifying) an exclusive remedy for any default, but all remedies,
including specific performance and mandamus, may be availed of by any Party and
shall be cumulative of any other remedy herein specified.
6.2 Immunity. The fact that Town and MUDs accept certain responsibilities relating
to the access to and receipt of Water and Wastewater Services under this Contract as
part of their responsibility for providing Water and Wastewater Services to their
respective residents makes it imperative that the performance of these vital services 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 MUDs waive any immunity or defense against third party claims that would
otherwise be available to it against claims arising from the exercise of governmental
powers and functions. The Parties hereto agree that each respectively waives its
sovereign immunity to suit for the limited purpose of adjudication of a claim for breach of
this Contract. Notwithstanding the foregoing agreement, remedies in such action shall
be limited to those provided by Chapter 271 of the Texas Local Government Code.
6.3 Force Majeure. If any Party is rendered unable, wholly or in part, by force
majeure to carry out any of its obligations under this Contract, except the obligation to
pay amounts owed or required to be paid pursuant to the terms of this Contract, then
the obligations of such Party, to the extent affected by such force majeure and to the
extent that due diligence is being used to resume performance at the earliest
practicable time, shall be suspended during the continuance of any inability so caused
to the extent provided but for no longer period. As soon as reasonably possible after
the occurrence of the force majeure relied upon, the Party whose contractual obligations
are affected thereby shall give notice and full particulars of such force majeure to the
other Party. Such cause, as far as possible, shall be remedied with all reasonable
diligence. The term "force majeure," as used herein, shall include without limitation of
the generality thereof, acts of God, strikes, lockouts, or other industrial disturbances,
acts of the public enemy, orders of any kind of the government of the United States or
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the State of Texas or any civil or military authority other than a Party to this Contract,
insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes,
restraint of government and people, civil disturbances, explosions, breakage or
accidents to machinery, pipelines or canals, partial or entire failure of water supply
resulting in an inability to provide water necessary for operation of the water and sewer
systems hereunder or in an inability of MUDs to provide Water or receive Wastewater,
and any other inabilities of any Party, whether similar to those enumerated or otherwise,
which are not within the control of the Party claiming such inability, which such Party
could not have avoided by the exercise of due diligence and care. It is understood and
agreed that the settlement of strikes and lockouts shall be entirely within the discretion
of the Party having the difficulty, and that the above requirement that any force majeure
shall be remedied with all reasonable dispatch shall not require the settlement of strikes
and lockouts by acceding to the demands of the opposing Party when such settlement
is unfavorable to it in the judgment of the Party experiencing such difficulty.
6.4 Applicable Law. This Contract shall be governed by the laws of the State of
Texas and no lawsuit shall be prosecuted on this Contract except in a court of
competent jurisdiction located in Denton County.
6.5 No Additional Waiver Implied. No waiver or waivers of any breach or default (or
any beaches or defaults) by any Party hereto of any term, covenant, condition, or
liability hereunder, or the performance by any Party of any duty or obligation hereunder,
shall be deemed or construed to be a waiver of subsequent breaches or defaults of any
kind, under any circumstances.
6.6 Addresses and Notice. Unless otherwise provided in this Contract, any notice,
communication, request, reply, or advice (herein severally and collectively, for
convenience, called "Notice") herein provided or permitted to be given, made, or
accepted by any Party to the other (except bills), must be in writing and may be given or
be serviced by depositing the same in the United States mail postpaid and registered or
certified and addressed to the Party to be notified, with return receipt requested, or by
delivering the same to such Party, addressed to the Party to be notified. Notice
deposited in the mail in the manner hereinabove described shall be conclusively
deemed to be effective, unless otherwise stated in this Contract, from and after the
expiration of three (3) days after it is so deposited. Notice given in any such other
manner shall be effective when received by the Party to be notified. For the purpose of
notice, addresses of the Parties shall, until changed as hereinafter provided, be as
follows:
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If to MUDs, to: If to Town, to:
MUD Manager Town Manager,
100 Municipal Drive 100 Municipal Drive
Trophy Club, Texas 76262 Trophy Club, Texas 76262
The Parties shall have the right from time to time and at any time to change their
respective addresses and each shall have the right to specify any other address by at
least fifteen (15) days' written notice to the other.
6.7 Merger and Modification. This Contract, including the exhibits that are attached
hereto and incorporated herein for all purposes, embodies the entire agreement
between the Parties relative to the subject matter hereof. This Contract shall be subject
to change or modification only with the written mutual consent of all Parties affected by
such change or modification.
6.8 Severability. The provisions of this Contract are severable, and if any part of this
Contract or the application thereof to any person or circumstances shall ever be held by
any court of competent jurisdiction to be invalid or unconstitutional for any reason, the
remainder of this Contract and the application of part of this Contract to other persons or
circumstances shall not be affected thereby.
6.9 Successors and Assigns. This Contract shall be binding upon and inure to the
benefit of the Parties hereto and their successors. This Contract shall not be assigned
without the written consent of the governing bodies of the respective entities.
Notwithstanding the foregoing, this Contract is a non-exclusive Contract and all Parties
hereto may, without consent or notice to the other Parties, contract with one or more
third parties for the same or similar commodities or services provided under the terms of
this Contract.
DISCUSSION POINT: Added so as not to impede exercise of valid governmental
functions by any of the parties in the event that any of the entities wanted or were
requested to contract with a third party.
6.10 Benefits of Contract. This Contract shall not be construed to confer any benefit
on any other Person or entity except as expressly provided for herein.
6.11 Non Binding Mediation. The Parties agree that they shall first attempt to
resolve disputes hereunder by the use of non-binding mediation. Therefore, in the
event that any alleged default under this Contract cannot be resolved by agreement of
the Parties or in the event that the Parties cannot resolve a conflict in or disagreement
regarding interpretation of a specific provision(s) of this Contract, the dispute, conflict or
disagreement shall be submitted to non-binding mediation as a condition precedent to
(1) the filing of any lawsuit, and (2) the filing of any other type of legal or equitable
action to resolve such default or dispute or to pursue available legal or equitable
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remedies. The costs of mediation shall be shared equally by all Parties participating in
the mediation.
6.12 Consent and Approvals. Whenever this Contract provides for the approval or
consent of one of the Parties, such consent or approval shall not be unreasonably
withheld or delayed.
TOWN OF TROPHY CLUB, TEXAS
(TOWN SEAL)
By:
Name:
Title:
ATTEST:
By:
Name:
Title:
(MUD 1 SEAL)
TROPHY CLUB MUNICIPAL UTILITY
DISTRICT NO. 1
By:
ATTEST:
By:
Name:
Title:
(MUD 2 SEAL)
TROPHY CLUB MUNICIPAL UTILITY
DISTRICT NO. 2
By:
ATTEST:
By:
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Name:
Title:
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EXHIBIT “A”
70
EXHIBIT “B”
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OPERATIONS CONTRACT
CONTRACT FOR WATER AND WASTEWATER OPERATIONAL SERVICES
BETWEEN THE TOWN OF TROPHY CLUB, TEXAS, TROPHY CLUB MUNICIPAL
UTILITY DISTRICT NO. 1 AND TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.
2
This Contract for Water and Wastewater Operations Services (“Contract”) is entered
into between THE TOWN OF TROPHY CLUB, TEXAS, a home rule municipality
located in Denton and Tarrant Counties (hereinafter “Town”) and TROPHY CLUB
MUNICIPAL UTILITY DISTRICT NO. 1 (hereinafter “MUD1”), AND TROPHY CLUB
MUNICIPAL UTILITY NO. 2 (hereinafter “MUD2”), both Districts created pursuant to
Section 59, Article XVI, Texas Constitution and the Texas Water Code, Chapter 54.
MUD1 and MUD2 are hereafter referred to collectively as the “MUDs.”
Recitals
WHEREAS, MUDs currently supply water and wastewater treatment and
distribution and collection services to those customers located within the boundaries of
MUDs; and
WHEREAS, Town is empowered under the Texas Constitution and laws of the
State of Texas to provide Water and Wastewater Service to a certain portion of property
located within the territorial boundaries of Town which property is not located within the
boundaries of MUDs nor is provided water or wastewater services therefrom,
hereinafter referred to as the “Property” and more fully described in Exhibit “A”; and
WHEREAS, as a result of the development occurring on the Property, Town and
MUDs have entered into a separate interlocal agreement for the right to access and
receive water supply and wastewater treatment from the existing water and wastewater
facilities owned by MUDs for the benefit of those residents of the Trophy Club Public
Improvement District No. 1 (hereinafter the “PID”) and under this agreement Town
desires to receive certain operational and administrative services from MUDs as more
fully described herein; and
WHEREAS, the purpose of this Agreement is to outline the terms and conditions
under which MUDs will provide operational and administrative services related to the
provision of Water Supply Transmission Services and Wastewater Services to Town for
the benefit of Town Customers (defined below); and
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; and
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WHEREAS, the provision of operational services necessary for and related to the
operation of a Town Water Distribution System and Town Wastewater Collection
System is a valid governmental function necessary for the public health, safety and
welfare for which an interlocal agreement is allowed pursuant to the Act; and
WHEREAS, each Party hereto paying for the performance of governmental
functions or services shall make such payments from current revenues legally available
to the paying Party and each Party hereby finds and agrees that it is fairly compensated
for the services or functions performed under the terms of this Contract.
NOW, THEREFORE, Town and MUDs, for and in consideration of the recitals set
forth above and terms and conditions below, agree as follows:
ARTICLE I.
INCORPORATION / DEFINITIONS / EXHIBITS
1.1 Incorporation of Recitals. The foregoing recitals are agreed upon and
incorporated herein as a part of this Contract.
1.3 Definitions. Unless the content indicates others, the following words used in
this Contract shall have the following meanings:
Commission means the Texas Commission on Environmental Quality and any
successor or successors exercising any of its duties and functions related to municipal
utility districts.
Commission mandated means a requirement duly passed or enacted as part of a
Commission rule, regulation, or permitting process. The term does not include a
regulation or requirement that is merely proposed or being considered for passage,
adoption or enactment by the Commission.
EPA means the Environmental Protection Agency and any successor or
successors exercising any of its duties and functions related to municipal utility districts.
Existing Infrastructure means Water System and Wastewater System and all
components thereof existing and operational and owned and/or controlled by MUDs,
whether collectively or individually, on the date of execution of this Contract.
Fort Worth Water Contract means the Contract for Water Service Between the
City of Fort Worth, Texas, and Trophy Club Municipal Utility District NO. 1, dated
September 22, 1992, as amended.
Interconnect Line means the water line(s) constructed by Town to connect to
MUDs Water System of the size and at the location to be mutually agreed upon by
Town and MUDs.
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Lift Station means any mechanical means of conveying wastewater by force.
MUD11 Adopted Rate Order shall mean the Rate Order adopted by Trophy Club
Municipal Utility District No. 1 and numbered Order 2005-1013 effective November 1,
2005, and any amendments or revisions thereto.
Operational Services means the operation, inspection, maintenance and repair of
Town Water Distribution System and Town Wastewater Collection System, Town Water
Tower and Wells, and includes without limitation Water Supply Transmission Services
and Wastewater Services, including related administrative services, as more fully set
forth herein.
DISCUSSION POINT: Should wells be included?
Parties or Party shall mean either one or more of the MUDs or Town or both, as
the context provides.
Person(s) means an individual, corporation, partnership, association, joint
venture or any other third party legal entity.
Points of Connection of Wastewater means that point or points where Town
Wastewater System connects to MUDs’ Wastewater System.
Points of Connection of Water means that point or points where Town Water
System connects to MUDs’ Water System.
Town means Town of Trophy Club, Texas, a home rule municipality located in
Denton and Tarrant Counties, Texas, and all land included within the territorial limits
and extraterritorial jurisdiction of Town, at Town’s creation and thereafter annexed from
time to time.
Town Customers means any Person(s) residing within the Property and who
have the right to receive, who contract to receive or otherwise receiving Water and/or
Wastewater Services from Town Water Distribution System and/or Town Wastewater
Collection System.
Town Water Distribution System means the water distribution system that may
be constructed, owned and operated by Town for the distribution of potable water
received from MUDs to Town Customers, beginning at the Points of Connection of
Water.
Town Water Tower means a minimum 500,000 gallon elevated storage tank
owned and constructed by Town.
Town Wastewater Collection System means the Wastewater system that may be
constructed, owned and operated by Town to serve Town for the collection of
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Wastewater received from Town Customers, ending at the Point of Connection of
Wastewater, and will include any sewer force mains and Lift Stations that will be
required to transport Wastewater to the Point of Connection of Wastewater.
Wastewater means the water-carried wastes, exclusive of ground, surface, and
storm waters, normally discharged from the sanitary conveniences of dwellings,
including apartment houses, hotels, offices buildings and institutions, of a domestic, not
industrial, nature, meeting the requirements of the Commission and EPA set forth in and
regulated by state and federal law, as may be amended or superseded from time to
time.
Wastewater Services means the services provided by MUDs in receiving,
treating, testing, and disposing of Wastewater from Town Wastewater System in
accordance with this Contract.
Wastewater System means the wastewater collection lines, lift stations, pipes,
valves, meters, pumps, motors, treatment plant, effluent discharge lines, and other
facilities and equipment owned or controlled by MUD1, MUD2, or Trophy Club Master
District and operated as part of the central wastewater collection and treatment system
for MUD1 and MUD2 and their customers, and also including the existing PERMIT TO
DISCHARGE WASTES, TPDES PERMIT NO. WQ0011593001, issued March 26, 2007,
by the Commission to MUD1, as amended, or any other such governmental permit
authorizing the treatment of wastewater by MUDs.
Wastewater Trunk Facilities means the trunk line facilities that may be constrcted
by Town to connect Town Wastewater System to MUDs Wastewater System as
provided in Article V of this Contract.
Water or Water Supply means potable water that meets federal and state
standards for consumption by humans.
Water Supply Transmission Services means the services provided by MUDs in
treating, pumping, transporting, and delivering Water from MUDs Water System to
Town Water Distribution System for consumption by Town Customers in accordance
with this Contract.
Water System means the water wells, water transmission pipeline from the City
of Fort Worth (or other wholesale water supplier), mixing and treatment facilities, pipes,
valves, meters, ground storage tanks, elevated storage tank, pumps, motors,
distribution lines and other facilities and equipment owned or controlled by MUD1,
MUD2 or Trophy Club Master District and operated as part of the central treated water
system for MUD1 and MUD2 and their customers, and also including the existing
CONTRACT FOR WATER SERVICE BETWEEN THE CITY OF FORT WORTH,
TEXAS, AND TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 (as the owner of
legal title and operator of common utility facilities in Trophy Club development at that
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time) dated September 22, 1992, as amended, or any other such wholesale water
supply contract to MUDs.
Wells means any and all wells that may be constructed within the Property or for
the benefit of the Property by Town or its designee, including without limitation wells for
irrigation.
1.3 Exhibits. The following Exhibits attached to this Contract are hereby made a
part of the Contract as though fully incorporated herein:
Exhibit “A” - The Property
Exhibit “B” - Points of Connection of Water and Wastewater
ARTICLE II.
WATER SUPPLY, WATER SUPPLY TRANSMISSION SERVICES AND
WASTEWATER SERVICES PROVIDED BY MUDS
2.1 Water Supply. MUDs agree to provide to Town Water Supply sufficient to meet
the needs of the Property, as defined herein and more fully described in Exhibit “A,”
throughout the term of this Contract. Water shall be provided to Town for the benefit of
the Property as more specifically provided herein and shall meet all quality standards
required by the Commission, the Texas Water Code, as amended, the Texas
Administrative Code, as amended, all applicable, federal, state, and local laws, rules
and regulations, and in accordance with those written standard operating procedures
utilized by MUDs for MUDs’ water customers and with those practices utilized by MUDs
in providing water supply transmission services and wastewater services to customers
of MUDs.
2.2. MUDs’ Obligation to Provide Water Supply Transmission Services and
Wastewater Services. MUDs agree to provide Water Supply Transmission Services
and Wastewater Services to Town for the benefit of the Property and in accordance with
the terms and conditions of this Contract. MUDs agree to accept Wastewater from, and
to provide Wastewater Services to, Town in accordance with the terms and conditions
of this Contract, provided that all Wastewater discharged from Town Wastewater
System and delivered to the Points of Connection of Wastewater complies at the
Points of Connection of Wastewater with the restrictions established by the
Commission. Immediately at the time of final approval of the Interconnect Line by
MUDs, which final approval shall not be unreasonably withheld by MUDs, MUDs shall
begin providing Water Supply Transmission Services to Town for the Property.
Immediately at the time of final approval of the Wastewater Trunk Facilities by MUDs,
which final approval shall not be unreasonably withheld by MUDs. MUDs shall begin
providing Wastewater Services to Town.
2.3 Standard of Service – Water Supply Transmission Services and Wastewater
Services. The Water Supply Transmission Services and Wastewater Services provided
by MUDs to Town under this Contract shall be in accordance with all standards set forth
by the Commission, the Texas Water Code, as amended, the Texas Administrative
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Code, as amended, all applicable, federal, state, and local laws, rules and regulations,
and in accordance with those written standard operating procedures utilized by MUDs
for MUDs’ water customers and with those practices utilized by MUDs in providing water
supply transmission services and wastewater services to customers of MUDs.
ARTICLE III.
OPERATIONAL SERVICES RELATED TO WATER SUPPLY DISTRIBUTION
SYSTEM, WASTEWATER COLLECTION SERVICES, AND TOWN WELLS
3.1 Town’s Obligation to Construct Town Water Distribution System and Town
Wastewater Collection System. Town shall design and construct, at its sole cost and
expense, a Town Water Distribution System and a Town Wastewater Collection System
to serve Town Customers, including without limitation Wells and Town Water Tower.
Town Water Distribution System shall include all facilities necessary to store Water and
to convey Water from the Points of Connection of Water to Town Customers. Town
Wastewater Collection System shall include all facilities necessary to transport
Wastewater from Town Customers to the Points of Connection of Wastewater. Town
intends to construct Town Water Tower.
DISCUSSION POINT: Time line or trigger for construction of the water tower, i.e,
tie commencement of construction to number of homes, number of permits
issued or population.
3.2 MUDs’ Obligation to Provide Operational Services. MUDs agree to provide
Operational Services related to Town Water Distribution System and Town Wastewater
Collection System in accordance with the terms and conditions of this Contract in
addition to providing Water Supply Transmission Services and Wastewater Services to
Town hereunder.
3.3 Standard of Service – Town Wastewater Collection System and Town Water
Distribution System. The Operational Services provided by MUDs to Town and Town
Customers under this Contract shall be in accordance with all standards by the
Commission, the Texas Water Code, as amended, the Texas Administrative Code, as
amended, all applicable, federal, state, and local laws, rules and regulations, and in
accordance with those written standard operating procedures utilized by MUDs for
MUDs’ water customers and with those practices utilized by MUDs in providing
Operational Services to customers of MUDs.
3.4 Wells. Town has sole discretion regarding the specifications for, number and
location of Wells that may be constructed within Town. Any and all Wells constructed
by or at the direction of Town or dedicated to and accepted by Town shall be owned by
Town. Pursuant to this Contract MUDs shall provide Operational Services for all such
Town-owned Wells; provided however, that Town shall notify MUDs of the number and
location of Wells that Town constructs or intends to construct. Such well specifications
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shall be approved by MUDs. MUDs shall not unduly withhold their approval and must
do so only for just cause.
ARTICLE IV.
CHARGES TO TOWN AND EFFLUENT
4.1 Method of Calculation of Water Charges to Town. MUDs’ charge to Town for
Water shall be calculated by adding the total charges for each month due from each of
Town’s Customers, in the same amount as set forth in Sections 2.01(A) and 2.02(A) of
MUD1 Adopted Rate Order.
DISCUSSION POINT: Needs Clarification.
4.2 Charges for Wastewater Services. MUDs’ charge to Town for Wastewater
Services shall be calculated by adding the total charges for each month due from each
of Town’s Customers, in the same amount as set forth in Sections 2.01(A) and 2.02(A)
of MUD1 Adopted Rate Order.
4.3 Effluent Produced. Town shall have the right to all treated effluent produced
resulting from all Wastewater delivered to the wastewater treatment facilities from Town
Customers at no additional charge for Town use and as prescribed by the Texas
Administrative Code, including without limitation, Section 210 of the Texas
Administrative Code, as may be amended from time to time.
4.4 Rate Changes - MUD1Adopted Rate Order. MUDs agree to provide Town with
at least ninety (90) days written notice of its intent to change one or more rates or
charges within MUD Adopted Rate Order so that the Parties may renegotiate this
Contract based upon the proposed changes to MUD1 Adopted Rate Order.
ARTICLE V.
RATE ORDERS AND SERVICES TO TOWN CUSTOMERS
5.1 Town Rate Order. Town reserves the right at any time to adopt its own rate
order, setting forth rates different from those of MUDs to be charged to Town
Customers and which may be amended from time to time at the discretion of Town
Council (hereinafter “Town Rate Order”). Upon adoption or amendment of a Town Rate
Order, Town shall provide MUDs with a copy of the duly adopted Town Rate Order.
Town Rate Order shall set all of the rates for utilities (i.e., water and sewer rates)
provided to Town Customers and shall provide such rates to MUDs for MUDs’ use in
sending utility bills to Town Customers. MUDs shall bill Town Customers in accordance
with Town Rate Order. Town further agrees to take all actions, including without
limitation, legislative and administrative actions, necessary to ensure that revenues and
other income to Town shall at all times be sufficient to promptly pay to MUDs all such
charges when and as the same become due and payable under this Contract.
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5.2 Rate Changes - Town Rate Order. Town agree to provide MUDs with at least
ninety (90) days written notice of its intent to change one or more rates or charges
within Town Rate Order.
5.3 Administrative Services. MUDs and Town agree that MUDs shall provide
Operational Services for Town Wastewater Collection System and Town Water
Distribution System, including without limitation the following: reading the individual
meters of Town Customers; billing, collecting from, and responding to service calls from
Town Customers; marking water lines for contractors, monitoring of telemetric
equipment, if any; dead-end water flushes; preparing and filing all operational and
compliance reports required by law or requested by Town, including without limitation
those that are Commission mandated and/or otherwise required by the EPA, or any
successor agency; provide qualified representatives to present reports at Council
meetings upon request; providing documentation of costs and expenses incurred by
MUDs in providing Operational Services, provide documentation of all transactions
made by MUDs on behalf of Town, whether directly with Town or with Town’s
Customers. In furtherance of this, MUDs will provide to Town’s Customers the identical
quality and quantity of services which it presently provides to all MUD customers.
5.4 Billing of Town Customers. MUDs shall read the individual meters of Town
Customers on a monthly basis during the term of this Contract. Based on such meter
readings, MUDs shall send statements to Town’s Customers in accordance with the
then-current Town Rate Order. MUDs shall collect payments from Town Customers
and deposit those payments in Town’s bank account on a daily basis.
5.5 Transfer of Collections to Town. Each month, MUDs shall prepare and deliver
a collections report to Town which sets forth the total amount of monies due from
Town’s Customers pursuant to Town’s Rate Order and the total amount of monies
collected from Town’s Customers pursuant to Town Rate Order. Such report shall
provide sufficient specificity for Town to track the source and amount of such income,
usage of Town Customers and the basis for the charges assessed to Town Customers.
MUDs shall not have the right to offset its charges to Town against the collections from
Town Customers, but shall turn over one hundred percent of all collections and shall
separately invoice Town for any and all charges that may be assessed against Town
under the terms of this Contract.
5.6 Invoice to Town. Charges assessed by MUDs to Town shall be limited to the
type and amount of charges set forth in Sections 2.01(A) and 2.02(A) of MUDs Adopted
Rate Order. MUDs shall prepare an invoice showing the charges to Town and shall
provide a detailed explanation of all such charges assessed by MUDs, including without
limitation, backup documentation if requested by Town so that Town can identify the
nature and type of charge and the basis upon which the charge was assessed to Town.
If Town contests a charge, Town shall notify MUDs within ten (10) business days of the
charge contested and the basis for the contest, and shall have the right to withhold
payment until the dispute is resolved by the Parties. Payments made by Town shall be
made payable to MUD1 and MUD2 jointly.
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DISCUSSION POINT: Late charges and interest on late payments and payment of
disputed amounts over to MUDs to hold rather than Town retaining.
5.7 Water Emergency. Under Town’s ordinance(s), MUDs may declare a "water
emergency period" if any condition or event occurs that interrupts the production,
treatment, or transportation of Water in MUDs Water System and may impose
conditions on consumption or use of Water. If MUDs declare a "water emergency
period" and impose conditions on Water consumption for its customers in the existing
MUDs under the then-current ordinance, Town agrees, upon timely notification by
MUDs to impose and enforce restrictive conditions of consumption on Town Customers.
Such restrictive conditions shall be equivalent to those imposed upon MUDs and/or
MUDs customers pursuant to the Fort Worth Water Contract. Where it has become
necessary to adopt a drought contingency plan, MUDs shall not apply their drought
contingency plan to Town’s Customers in a manner that is more stringent than MUDs’
application of their drought contingency plan on residential customers within the MUDs.
ARTICLE VI.
TERM
6.1 Term. This Contract shall become effective upon approval by each of the
respective governing bodies of Town and MUDs and upon execution by their respective
authorized representatives, and shall remain in effect for an initial term of one (1) year
from the date of approval by the last Party subject to this Contract (hereinafter “Initial
Term”), and shall renew automatically annually for three (3) additional terms of one (1)
year each unless terminated by either Party as provided herein.
DISCUSSION POINT: Term of this Contract and its relationship to the other
contract.
6.2 Termination for Default. Any Party to this Contract who believes that the other
Party to this Contract has defaulted in the performance of any condition, term, or
obligation owed to that Party under the Contract other than the payment of monies
owed hereunder shall give written notice of the default to the defaulting Party, specifying
in detail the provision or provisions of the Contract that have been breached and
specifying what action must be taken to cure or correct the default and notifying the
defaulting Party that failure to correct the default within sixty (60) days following receipt
of the written notice by such Party, shall result in termination on a date certain
specified in the notice.
6.3 Termination without Default. Any Party shall have the right to terminate this
Contract without cause upon written notice to any other Party. Such notice of
termination must be provided at least 180 days in advance of such termination date, but
in no case shall termination be allowed earlier than one (1) year from the date of
execution of this Contract.
80
ARTICLE VII.
MISCELLANEOUS
7.1 Remedies Cumulative. The Parties specifically agree that the remedy of specific
performance of this Contract is an appropriate and necessary remedy and agree that
any Party may employ the remedy of specific performance in the event of a breach of
this Contract. It is not intended hereby to specify (and this Contract shall not be
considered as specifying) an exclusive remedy for any default, but all remedies,
including specific performance and mandamus, may be availed of by any Party and
shall be cumulative of any other remedy herein specified.
7.2 Immunity. The fact that Town and MUDs accept certain responsibilities relating
to the provision of Operational Services under this Contract as part of their responsibility
for providing Water and Wastewater Services to their respective residents makes it
imperative that the performance of these vital services 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 MUDs waive
any immunity or defense against third party claims that would otherwise be available to
it against claims arising from the exercise of governmental powers and functions. The
Parties hereto agree that each respectively waives its sovereign immunity to suit for the
limited purpose of adjudication of a claim for breach of this Contract. Notwithstanding
the foregoing agreement, remedies in such action shall be limited to those provided by
Chapter 271 of the Texas Local Government Code.
7.3 Force Majeure. If any Party is rendered unable, wholly or in part, by force majeure
to carry out any of its obligations under this Contract, except the obligation to pay
amounts owed or required to be paid pursuant to the terms of this Contract, then the
obligations of such Party, to the extent affected by such force majeure and to the extent
that due diligence is being used to resume performance at the earliest practicable time,
shall be suspended during the continuance of any inability so caused to the extent
provided but for no longer period. As soon as reasonably possible after the occurrence
of the force majeure relied upon, the Party whose contractual obligations are affected
thereby shall give notice and full particulars of such force majeure to the other Party.
Such cause, as far as possible, shall be remedied with all reasonable diligence. The
term "force majeure," as used herein, shall include without limitation of the generality
thereof, acts of God, strikes, lockouts, or other industrial disturbances, acts of the public
enemy, orders of any kind of the government of the United States or the State of Texas
or any civil or military authority other than a Party to this Contract, insurrections, riots,
epidemics, landslides, lightning, earthquakes, fires, hurricanes, restraint of government
and people, civil disturbances, explosions, breakage or accidents to machinery,
pipelines or canals, partial or entire failure of water supply resulting in an inability to
provide water necessary for operation of the water and sewer systems hereunder or in
an inability of MUDs to provide Water or receive Wastewater, and any other inabilities of
any Party, whether similar to those enumerated or otherwise, which are not within the
control of the Party claiming such inability, which such Party could not have avoided by
the exercise of due diligence and care. It is understood and agreed that the settlement
81
of strikes and lockouts shall be entirely within the discretion of the Party having the
difficulty, and that the above requirement that any force majeure shall be remedied with
all reasonable dispatch shall not require the settlement of strikes and lockouts by
acceding to the demands of the opposing Party when such settlement is unfavorable to
it in the judgment of the Party experiencing such difficulty.
7.4 Applicable Law. This Contract shall be governed by the laws of the State of
Texas and no lawsuit shall be prosecuted on this Contract except in a court of
competent jurisdiction located in Denton County.
7.5 No Additional Waiver Implied. No waiver or waivers of any breach or default (or
any beaches or defaults) by any Party hereto of any term, covenant, condition, or
liability hereunder, or the performance by any Party of any duty or obligation hereunder,
shall be deemed or construed to be a waiver of subsequent breaches or defaults of any
kind, under any circumstances.
7.6 Addresses and Notice. Unless otherwise provided in this Contract, any notice,
communication, request, reply, or advice (herein severally and collectively, for
convenience, called "Notice") herein provided or permitted to be given, made, or
accepted by any Party to the other (except bills), must be in writing and may be given or
be serviced by depositing the same in the United States mail postpaid and registered or
certified and addressed to the Party to be notified, with return receipt requested, or by
delivering the same to such Party, addressed to the Party to be notified. Notice
deposited in the mail in the manner hereinabove described shall be conclusively
deemed to be effective, unless otherwise stated in this Contract, from and after the
expiration of three (3) days after it is so deposited. Notice given in any such other
manner shall be effective when received by the Party to be notified. For the purpose of
notice, addresses of the Parties shall, until changed as hereinafter provided, be as
follows:
If to MUDs, to: If to Town, to:
MUD Manager Town Manager,
100 Municipal Drive 100 Municipal Drive
Trophy Club, Texas 76262 Trophy Club, Texas 76262
The Parties shall have the right from time to time and at any time to change
their respective addresses and each shall have the right to specify any other address by
at least fifteen (15) days' written notice to the other.
7.7 Merger and Modification. This Contract, including the exhibits that are attached
hereto and incorporated herein for all purposes, embodies the entire agreement
between the Parties relative to the subject matter hereof. This Contract shall be subject
to change or modification only with the written mutual consent of all Parties affected by
such change or modification.
82
7.8 Severability. The provisions of this Contract are severable, and if any part of this
Contract or the application thereof to any person or circumstances shall ever be held by
any court of competent jurisdiction to be invalid or unconstitutional for any reason, the
remainder of this Contract and the application of part of this Contract to other persons or
circumstances shall not be affected thereby.
7.9 Successors and Assigns. This Contract shall be binding upon and inure to the
benefit of the Parties hereto and their successors. This Contract shall not be assigned
without the written consent of the governing bodies of the respective entities.
Notwithstanding the foregoing, this Contract is a non-exclusive Contract and all parties
hereto may, without consent or notice to the other Parties, contract with one or more
third parties for the same or similar commodities or services provided under the terms of
this Contract.
7.10 Benefits of Contract. This Contract is for the benefit of MUD1, MUD2, and
Town and their successors and assigns and shall not be construed to confer any benefit
on any other person or entity except as expressly provided for herein.
7.11 Non Binding Mediation. The Parties agree that they shall first attempt to
resolve disputes hereunder by the use of non-binding mediation. Therefore, in the
event that any alleged default under this Contract cannot be resolved by agreement of
the Parties or in the event that the Parties cannot resolve a conflict in or disagreement
regarding interpretation of a specific provision(s) of this Contract, the dispute, conflict or
disagreement shall be submitted to non-binding mediation as a condition precedent to
(1) the filing of any lawsuit, and (2) the filing of any other type of legal or equitable
action to resolve such default or dispute or to pursue available legal or equitable
remedies. The costs of mediation shall be shared equally by all Parties participating in
the mediation.
7.12 Consent and Approvals. Whenever this Contract provides for the approval or
consent of one of the Parties, such consent or approval shall not be unreasonably
withheld or delayed.
TOWN OF TROPHY CLUB, TEXAS
(TOWN SEAL)
By:
Name:
Title:
ATTEST:
By:
Name:
83
Title:
(MUD 1 SEAL)
TROPHY CLUB MUNICIPAL UTILITY
DISTRICT NO. 1
By:
ATTEST:
By:
Name:
Title:
(MUD 2 SEAL)
TROPHY CLUB MUNICIPAL UTILITY
DISTRICT NO. 2
By:
ATTEST:
By:
Name:
Title:
84
EXHIBIT “A”
85
EXHIBIT “B”
86
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-20-2007
Subject: Agenda Item No.D.6
Discuss and take appropriate action regarding the Service and Assessment
Plan for Emergency Services for the Trophy Club Public Improvement
District No. 1 (The Highlands at Trophy Club).
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(bse)
Attachments: 1. Service and Assessment Plan
87
THE HIGHLANDS AT TROPHY CLUB
PUBLIC IMPROVEMENT DISTRICT
TOWN OF TROPHY CLUB, TEXAS
SERVICE AND ASSESSMENT PLAN
AUTHORIZED SERVICES
JULY 31, 2007
88
THE HIGHLANDS AT TROPHY CLUB
PUBLIC IMPROVEMENT DISTRICT
TOWN OF TROPHY CLUB, TEXAS
SERVICE AND ASSESSMENT PLAN
AUTHORIZED SERVICES
Table of Contents
Section I Plan Description and Defined Terms 1
Section II Property Included in the PID 3
Section III Description of Authorized Services 3
Section IV Service Plan 3
Section V Assessment Plan 5
Section VI Assessment Roll 6
Section VII Miscellaneous Provisions 6
List of Exhibits
Exhibit A The PID Map
Exhibit B Assessment Roll
1
Section I
PLAN DESCRIPTION AND DEFINED TERMS
A. Introduction
This Service and Assessment Plan is prepared and adopted in conformance with the
PID Act and pursuant to the Assessment Ordinance (both as hereinafter defined).
On April 16, 2007, the Town of Trophy Club Town Council passed and approved a
resolution approving and authorizing the creation of The Highlands at Trophy Club
Public Improvement District (the “PID”) to finance certain public improvements and the
Authorized Services for the benefit of certain property in the PID, all of which is located
within the Town.
The PID Act governs the creation of public improvement districts within the State
of Texas. Section 372.014 of the PID Act states that “an assessment plan must be
included in the annual service plan.” The assessment plan is described in
Section V of this Service and Assessment Plan.
Section 372.015 of the PID Act states that “the governing body of the municipality
or county shall apportion the cost of an improvement to be assessed against
property in an improvement district.” The method of assessing the costs of the
Authorized Improvements to the property in the PID is included in Section V of
this Service and Assessment Plan.
Section 372.016 of the PID Act states that “after the total cost of an improvement
is determined, the governing body of the municipality or county shall prepare a
proposed assessment roll. The roll must state the assessment against each
parcel of land in the district, as determined by the method of assessment chosen
by the municipality or county under this subchapter.” The Assessment Roll for
the PID is included as Exhibit B of this Service and Assessment Plan. The
Assessments as shown on the Assessment Roll are based on the method of
assessment described in Section V of this Service and Assessment Plan.
Capitalized terms used herein shall have the meanings ascribed to them in this
section of the Service and Assessment Plan.
B. Definitions
The terms used herein shall have the following meanings:
“Annual Collection Costs” means the following actual or budgeted costs, as
applicable, related to the annual collection costs of outstanding Assessments,
including the costs or anticipated costs of: (i) computing, levying, collecting and
transmitting the Assessments (whether by the Town or otherwise), (ii) the Town
in any way related to the collection of the Assessments, including, without
limitation, the administration of the PID, maintaining the record of the
Assessments, including, without limitation, any associated legal expenses, the
reasonable costs of other consultants and advisors and contingencies and
reserves for such costs as deemed appropriate by the Town Council.
“Annual Service Plan Update” has the meaning set forth in the first paragraph of
Section IV of this Service and Assessment Plan.
2
“Assessed Property” means, for any year, Parcels within the PID other than Non-
Benefited Property.
“Assessment” means the assessment levied against a Parcel imposed pursuant to
the Assessment Ordinance and the provisions herein, as shown on the
Assessment Roll.
“Assessment Ordinance” means the Assessment Ordinance approved by the Town
Council to approve the imposition of the Assessments.
“Assessment Rate” means the rate determined by dividing the costs of the
Authorized Services for any fiscal year plus the Annual Collection Costs by the
assessed value of the Assessed Property in the PID for the same fiscal year.
“Assessment Roll” means the document included in this Service and Assessment
Plan as Exhibit B, as updated, modified or amended from time to time in
accordance with the procedures set forth herein and in the PID Act.
“Authorized Services” mean those public services providing a special benefit to the
Assessed Property and described in Section III herein and Section 372.003 of the
PID Act.
“Delinquent Collection Costs” mean interest, penalties and expenses incurred or
imposed with respect to any delinquent Assessments in accordance with
§372.018(b) of the PID Act and the costs related to pursuing collection of a
delinquent Assessment and foreclosing the lien against the assessed property,
including attorneys’ fees.
“Non-Benefited Property” means Parcels within the boundaries of the PID that
accrue no special benefit from the Authorized Services, including Public Property
[and easements that create an exclusive use for a public utility provider –wouldn’t
they receive a benefit? Our is that just incident to providing service to the benefited
property. Owner’s association property would be benefited by the services, wouldn’t
they?]. [Utility easements and HOA property would not normally be considered more
valuable as a result of services provided by a PID. We usually do not assess these
properties, but there is more leeway with an assessment for services. We can proceed
however the town prefers on this question.]
“Parcel” means a parcel identified by a tax map identification number assigned by the
Denton Central Appraisal District for real property tax purposes.
“PID Act” means Texas Local Government Code Chapter 372, Improvement Districts
in Municipalities and Counties, Subchapter A, Public Improvement Districts, as
amended.
“PID” has the meaning set forth in Section I.A of this Service and Assessment Plan.
“Public Property” means property within the boundaries of the PID that is owned by or
irrevocably offered for dedication to the federal government, the State of Texas, the
Town, a school district, a public utility provider or any other public agency, whether in
fee simple or through an exclusive use easement. [This language is problematic, but I
think it won’t be an issue for the services in this year, since they are levied and collected
annually]
“Service and Assessment Plan” means this Service and Assessment Plan prepared
for the PID pursuant to the PID Act.
3
“Town” means the Town of Trophy Club, Texas.
“Town Council” means the duly elected governing body of the Town.
Section II
PROPERTY INCLUDED IN THE PID
The Highlands of Trophy Club is located in the Town of Trophy Club, Texas,
within Denton County, Texas. A map of the property within the PID is shown on
Exhibit A to this Service and Assessment Plan. The property in the PID consists
of most of the property within The Highlands of Trophy Club planned
development.
The Highlands of Trophy Club planned development contains approximately 697
acres, of which approximately 609 acres is within the PID. Approximately 49
acres is within the planned development but outside of the proposed PID
boundaries. This property is located within Trophy Club Municipal District No.1
(MUD 1) and Trophy Club Municipal District No. 2 (MUD 2). Approximately 38
acres of commercial uses is also within the planned development but not within
the PID.
At completion, the PID is expected to consist of approximately 1,474 residential
units, two parks, entry monuments, and associated rights-of-way, landscaping,
and infrastructure necessary to provide roadways, drainage and utilities to the
PID.
The estimated number of lots is based upon the Planned Development Ordinance and
the Developer’s estimated highest and best use of the property within the PID.
Section III
DESCRIPTION OF THE AUTHORIZED SERVICES
The services that may be provided by a PID include “special supplemental services for
improvement and promotion of the district, including services relating to advertising,
promotion, health and sanitation, water and wastewater, public safety, security,
business recruitment, development, recreation, and cultural enhancement.”
After analyzing the Authorized Services authorized by the PID Act, the Town has
determined that public safety services (the “Authorized Services) should be undertaken
by the Town and will be of special benefit to Assessed Property within the PID.
[Need better description of services and costs of services—[SAKRUA, BRANDON AND
PATRICIA?.]
Section IV
SERVICE PLAN
The Act requires a service plan cover a period of at least five years. The plan
shall be reviewed and updated annually for the purpose of determining the annual
budget for improvements. The annual update to this Service and Assessment
Plan is herein referred to as the “Annual Service Plan Update.” [IS THIS ONLY
GOING TO BE COLLECTED THIS YEAR? OR ONLY IF PROPERTY DOES NOT
HAVE A RESIDENCE?] [I do not understand the question.]
4
Table IV-A shows estimated sources and uses for the provision of the Authorized
Services.
Table IV-A
Sources and Uses of Funds
Sources of Funds: Total
Assessments $100,000
Total sources of funds $
Uses of Funds:
Authorized Services $100,000
Annual Collection Costs
Total uses of funds
[Need information to complete this table.] [NEEDS TO BE FOR FIVE YEARS, IT’S OK
TO SAY THAT THERE ARE NO PLANS TO COLLECT THE SERVICES
ASSESSMENT IN LATER YEARS, IF THAT IS THE CASE]
This sources and uses of funds table is subject to revision and the actual sources and
uses of funds for any line item may be different than shown above. The sources and
uses of funds for the Authorized Services shown in Table IV-A shall be updated each
year in the Annual Service Plan Update to reflect any budget revisions and actual costs.
The annual projected costs are shown by the following table (Table IV-B). Debt
WILL NOT BE incurred for the provision of the Authorized Services.
Table IV-B
Annual Projected Costs
Year Annual Projected
Costs of Authorized
Services
Annual
Collection
Costs
Total Costs
2007 $100,000
2008
2009
2010
2011
[Is it possible to provide a five-year estimate?]
The annual projected costs are subject to revision and shall be updated in the Annual
Service Plan Update to reflect any changes in the costs expected for each year.
5
Section V
ASSESSMENT PLAN
The Act requires the Town Council to apportion the cost of Authorized Services on the
basis of special benefits conferred upon the property from the Authorized Services. The
Act provides that the cost of Authorized Services may be assessed: (i) equally per front
foot or square foot; (ii) according to the value of the property as determined by the
governing body, with or without regard to improvements on the property; or (iii) in any
other manner that results in imposing equal shares of the cost on property similarly
benefited.
The Town Council has determined to apportion the costs of the Authorized Services
“according to the value of the property as determined by the governing body.” The
costs of the Authorized Services will be assessed according to the certified tax roll each
year, excluding only Non-Benefited Property.
The costs of the Authorized Services for the 2007-2008 fiscal year are estimated to be
$100,000. The Annual Collection Costs are estimated to be $____, [HAS THE
APPRAISAL DISTRICT GIVEN US THEIR CHARGES?] resulting in total costs to be
collected of $____. The assessed value of the Assessed Property for ?????????
Table V
Calculation of the Assessment Rate
Costs of Authorized Services $100,000
Annual Collection Costs
Total Assessments $100,000
Assessed value of Assessed
Property [IS THAT THE
CORRECT AV?]
$1,100,837
Assessment Rate 0.09084
The Assessment Rate shall be applied to each Parcel of Assessed Property to
determine the Assessment to be collected for the 2007-2008 fiscal year.
[DELETED LANGUAGE ISN’T CORRECT, THEY ARE COLLECTED LIKE AV TAXES,
AND THEY ARE BEING ASSESSED EACH YEAR ], The Assessments shall be paid
with Annual Collection Costs, which shall be apportioned to the Assessed Property in
the same manner as the Assessments.
The Assessments shall be paid in the same manner and at the same time and subject
to the same remedies upon the failure to pay, to the extent allowed by law, as regular
ad valorem property taxes. Delinquent Assessments shall be subject to Delinquent
Collection Costs.
6
The determination by the Town Council of the assessment methodology set forth above
is the result of the discretionary exercise by the Town Council of its legislative authority
and governmental powers and is conclusive and binding on the current and all future
owners of the Assessed Property.
Section VI
THE ASSESSMENT ROLL
The Assessment Roll is attached hereto as Exhibit B. The Assessment shown on each
Parcel is equal to the assessed value of the Parcel multiplied by the Assessment Rate.
The Assessment Roll shall be updated each year upon the preparation of each Annual
Service Plan Update to reflect the current parcels in the PID, the assessed value for
each Parcel, and the Assessment and Annual Collection Costs due for that year.
Section VIII
MISCELLANEOUS PROVISIONS
A. Administrative Review [HOW WOULD THIS WORK? THESE ARE BEING
LEVIED ANNUALLY? PLEASE JUST DELETE
B. Amendments
The Town Council reserves the right to the extent permitted by the Act to amend
this Service and Assessment Plan without notice under the Act and without
notice to property owners of Parcels: (i) to correct mistakes and clerical errors;
(ii) to clarify ambiguities; and (iii) to provide procedures for the collection and
enforcement of Assessments, Collection Costs, and other charges imposed by
the Service and Assessment Plan.
C. Administration and Interpretation of Provisions
The Town Council shall administer the PID, this Service and Assessment Plan,
and all Annual Service Plan Updates consistent with the PID Act, and shall make
all interpretations and determinations related to the application of this Service
and Assessment Plan unless stated otherwise herein or in the Bond Indenture,
and as long as there is a rational basis for the determination made by the Town,
such determination shall be conclusive.
E. Severability
If any provision, section, subsection, sentence, clause or phrase of this Service
and Assessment Plan, or the application of same to an Parcel or any person or
set of circumstances is for any reason held to be unconstitutional, void or invalid,
the validity of the remaining portions of this Service and Assessment Plan or the
application to other persons or sets of circumstances shall not be affected
thereby, it being the intent of the Town Council in adopting this Service and
Assessment Plan that no part hereof, or provision or regulation contained herein
shall become inoperative or fail by reason of any unconstitutionality, voidness or
invalidity of any other part hereof, and all provisions of this Service and
Assessment Plan are declared to be severable for that purpose.
If any provision of this Service and Assessment Plan is determined by a court to be
unenforceable, the unenforceable provision shall be deleted from this Service and
7
Assessment Plan and the unenforceable provision shall, to the extent possible, be
rewritten to be enforceable and to give effect to the intent of the Town.
8
Exhibit A
PID MAP
9
Exhibit B
ASSESSMENT ROLL
10
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-20-2007
Subject: Agenda Item No.D.7
Discuss and take appropriate action regarding various revisions to the
Handbook for Elected and Appointed Officials:
A. Discuss and take appropriate action regarding Section 3, Conduct of
Town Officials.
B. Discuss and take appropriate action regarding Section 19, Compliance
for Enforcement.
C. Discuss and take appropriate action regarding Section 20, Procedures
for Enforcement.
D. Discuss and take appropriate action regarding any other sections of the
Handbook for Elected and Appointed Officials.
E. Discuss and take appropriate action regarding an effective date.
ACTION BY COUNCIL:
(bse)
Attachments:
1. A. Discuss and take appropriate action regarding Section 3, Conduct of Town
Officials.
B. Discuss and take appropriate action regarding Section 19, Compliance for
Enforcement.
C. Discuss and take appropriate action regarding Section 20, Procedures for
Enforcement.
D. Discuss and take appropriate action regarding any other revisions to the
Handbook for Elected and Appointed Officials.
E. Discuss and take appropriate action regarding an effective date.
2. Handbook for Elected and Appointed Officials according to Council’s
suggestions from the July 23, 2007 Town Council meeting.
11
A. Discuss and take appropriate action regarding Section 3, Conduct of Town
Officials.
3. Conduct of Town Officials
As a member of the Town of Trophy Club Town Council or of a Town of Trophy Club town board,
commission or committee, I agree to uphold the Code of Ethics and Conduct myself by the
following model of behavior.
I will:
• Recognize the worth of individual Town officials and appreciate their individual
talents, perspectives and contributions;
• Help create an atmosphere of respect and civility where individual Town officials,
Town staff and the public are free to express their ideas and work to their full
potential;
• Conduct my personal and public affairs with honesty, integrity, fairness and
respect for others;
• Respect the dignity and privacy of individuals and organizations;
• Keep the common good as my highest purpose and focus on achieving
constructive solutions for public benefit;
• Avoid and discourage conduct which is divisive or harmful to the best interests of
the Town of Trophy Club;
ADD • I will keep my comments germane to the issues before the Council.
This is also mentioned in the current Handbook under Section 5.
• Treat all people with whom I come in contact in a manner I wish to be treated;
• Before I speak or act I will ask myself the following questions:
1. Is it the truth?
2. Is it fair to all concerned?
3. Will it build goodwill and better relationships?
4. Will it be beneficial to all concerned?
12
B. Discuss and take appropriate action regarding Section 19, Compliance for
Enforcement.
Based on previous discussions by Council regarding the Ethics Section of the
Handbook for Elected and Appointed Officials, this item is being presented to Council
for input and to allow staff adequate time to revise.
The first redlined version reflects the changes suggested by Council at the July 23,
2007 Town Council meeting.
It has been suggested that section 19 of the handbook has some value in that it describes the Council's
role with these issues. The following is suggested language to that fact.
19. Compliance and Enforcement
The Town of Trophy Club Code of Ethics and Conduct expresses standards of ethical
conduct expected for Town officials of the Town of Trophy Club Town Council, boards,
commissions, committees and advisory groups. Town officials themselves have the primary
responsibility to assure that ethical standards are understood and met, and that the public
can continue to have full confidence in the integrity of government. The chairs of boards,
commissions and committees and the Mayor have the additional responsibility to intervene
when Town officials’ actions appear to be in violation of the Code of Ethics and Conduct
and are brought to their attention. The Town Council may impose sanctions, such as
reprimand, formal censure or loss of appointment, on Town officials whose conduct does
not comply with the Town’s ethical standards. The Town Council also may act to remove
members of boards, commissions and committees from office in accordance with the
procedures and subject to the limitations set forth in Section 20 if this policy. The Town
Council finds and determines that the ethics and standards of conduct contained in this
Handbook are necessary and appropriate in order to serve the legitimate goal of orderly
governance, integrity and public confidence in government.
Another position is to delete both sections 19 and 20 and therefore provide the following
amendments. It has also been suggested that Town Official be redefined to better
delineate the Town officials from Town volunteers, such as those that serve on Advisory
Groups.
19. Ethics Standards
The Town of Trophy Club Code of Ethics and Conduct expresses standards of ethical
conduct expected for Town officials ADD IN GREEN (and Town Volunteers) of the Town of
Trophy Club Town Council, boards, commissions, committees and advisory groups. Town
officials / volunteers themselves have the primary responsibility to assure that ethical
standards are understood and met, and that the public can continue to have full confidence
in the integrity of government. The chairs of boards, commissions and committees and the
Mayor have the additional responsibility to intervene when Town officials’ / volunteers'
actions appear to be in violation of the Code of Ethics and Conduct and are brought to their
attention. The Town Council may impose sanctions, such as reprimand, formal censure or
loss of appointment, on Town officials whose conduct does not comply with the Town’s
ethical standards. The Town Council also may act to remove members of boards,
commissions and committees from office. DELETE IN YELLOW in accordance with the
procedures and subject to the limitations set forth in Section 20 if this policy. If the Town
Council finds and determines that the ethics and standards of conduct contained in this
Handbook are necessary and appropriate in order to serve the legitimate goal of orderly
governance, integrity and public confidence in government.
13
C. Discuss and take appropriate action regarding Section 20, Procedures for
Enforcement.
20. Procedure for Enforcement
Upon good faith belief that a Town official has violated any term or provision
of this Handbook for Elected and Appointed Officials, a party having such
good faith belief that a violation has occurred and wishing to initiate a formal
review of the alleged violation shall file a written complaint with the Town
Secretary. The written complaint shall contain 1) the name of the
complaining party (hereinafter “Complainant”); 2) the name of the party
against whom the complaint is being filed (hereinafter “Respondent”); 3) the
specific sections of this Handbook allegedly violated; 4) Specific dates,
approximate time of day, locations and other facts evidencing the alleged
violations; and 5) any documentation evidencing that a violation of the
Handbook occurred.
Upon receipt of a written complaint meeting all of the requirements set forth
in the preceding paragraph, the Town Secretary shall place the complaint
on the next available regular Council meeting agenda for which posting
requirements may legally and procedurally be met. Alternatively, if the
complaint does not meet all of the requirements set forth in the preceding
paragraph, the Town Secretary shall notify the Complainant in writing of the
nature of the deficiency and no further action by the Town Secretary or
Council shall be necessary, until such time the Town Secretary can
determine that the complaint meets the requirements of this section. Once
placed upon the Council agenda, the scope of the Council review shall be
limited to a determination of whether the complaint on its face presents a
violation of this Handbook for which sanctions, such as reprimand, formal
censure, or loss of appointment would be appropriate in order to serve the
legitimate goal of orderly governance, integrity, and public confidence in
government. Upon a majority vote of Council that the complaint merits
further review and investigation, an item shall be placed on the next
available regular Council meeting agenda for which posting requirements
may be legally and procedurally met. Additionally, upon majority vote, the
Town Council may specify any and all individual items of grievance from the
Complaint that merit such review and investigation and that will be
considered by the Council at a subsequent hearing on the matter. At least
seven (7) days prior to the hearing date, the Town Secretary shall notify the
Respondent in writing of the date, time and place at which the Council will
conduct a hearing on the merits of the alleged complaint, and if Council has
by majority vote specified individual items for review and investigation at the
hearing, such notice shall advise the Respondent of the scope of the
hearing. Alternatively, if upon review of the complaint on its face a majority
vote of Council determines that further review and investigation is not
warranted, then the Complainant shall be notified in writing of such vote, the
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written complaint shall be returned to the Complainant, and no further action
shall be required by the Town Secretary or Town Council.
At the subsequent Council hearing, the Complainant and Respondent may
present testimonial and or documentary evidence regarding the allegations
contained within the Complaint. If Council determines that substantial
evidence has been presented to support the allegation that a violation of the
Handbook has occurred and that the violation is detrimental to orderly
governance, integrity, and public confidence in the Town government, then
Council may by majority vote impose sanctions, such as reprimand, formal
censure, or loss of appointment, as determined appropriate to serve the
legitimate goals of this policy.
All procedural rules of the Council shall apply to proceedings conducted
pursuant to this Section. The complaint procedure specified in this Section
shall only be applicable to those Town officials who are appointed and for
the conduct of such official that occurs during the official’s term of office on
a Town board, commission, committee or advisory group. Notwithstanding
the foregoing, this Section shall not apply to officials who are appointed to
fill vacancies on the Town Council or to Town Council members.
Sanctioning of elected officials shall only be allowed in accordance with
Town Charter and state law.
D. Discuss and take appropriate action regarding any other revisions to the
Handbook for Elected and Appointed Officials.
E. Discuss and take appropriate action regarding an effective date.
15
MUNICIPALITY OF TROPHY CLUB
Handbook for Elected and Appointed Officials
EFFECTIVE DATE: 12/18/2007 REVISION DATE/NO: 12/18/2006-1
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 and agree to comply with the policies set forth in 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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Introduction
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
Administrator 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. An Advisory Group has a Town Staff Administrator.
Boards and Commissions
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 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.
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The Zoning Board of Adjustment (ZBA)
The ZBA 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 (5) regular members and four (4) 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 all meetings will be taken by the 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.
Minutes of all meetings will be taken by the Staff Liaison.
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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 Town Council
• advisory capacity to Parks and Recreation Director
• 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, 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.
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Applicant Requirement for Boards or Commissions
Applicants for boards or commissions must be registered voters and residents for six
months. Board and commission members must be Trophy Club residents for at least six
months as well as registered voters 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.
Vacancy Posting, Application, Interview and Appointment
Process
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, Planning and Zoning Commission and
the Parks and Recreation Board.
Posting Process
The Town Secretary will ensure that annual appointments for Boards & Commissions
are posted in the month of June:
• Announced in the Town Newsletter, a newspaper published by the Town
• Posted on the marquees on Trophy Club Drive, Trophy Lake Drive and
Trophy Wood Drive
• Posted on cable’s public information Channel
• 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, requesting
that they complete a Request for Reappointment Form and return by the prescribed
time.
Application Process for Annual Appointments
Applications will be accepted each year in July.
Members seeking reappointment must submit their 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.
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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 group’s recommendation to Council for
appointment. The recommendation from the board is advisory, and Council shall make
the final determination regarding 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.
Mid-Term Vacancy
When a member of a board or commission resigns midterm, the Staff Liaison will obtain
a letter of resignation from the member and will forward to the Town Secretary.
In cases where applications exceeding the number of open seats were received during
the Annual Appointment process, applicants who were not appointed during the annual
appointment process will be considered first.
The Town Secretary will confirm those applicants’ continued interest and then forward
the previously submitted application to the Town Council for review and consideration
for appointment.
In cases where applications did not exceed the number of open seats during the Annual
Appointment process the vacancy will be posted.
The Town Secretary will ensure that the vacancy is posted:
• on the marquees on Trophy Club Drive, Trophy Lake Drive and Trophy
Wood Drive for a period of at least 3 days, or as time allows;
• on cable’s public information channel for a period of two weeks; and
• on the Town’s web page at: www.ci.trophyclub.tx.us, for a period of two
weeks.
Members appointed to fill vacancies serve out the remainder of a predecessor’s term.
Appointments Process
Council Appointments will occur each year in September for the new terms to begin in
October.
Term Lengths
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.
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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
A person may hold a maximum of two board or commission seats at any one 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 Liaisons 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 must be maintained by the member's governmental body and
made available for public inspection upon request. The member must confirm that they
have received the training, by completing the appropriate certificate of completion,
witnessed by the Staff Liaison. Once signed, the original Certificate is forwarded to the
Town Secretary 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)
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Nepotism
A board or commission Chair/President cannot be a relative of the Mayor or of a Council
Member. 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.
Guidelines for Members
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.
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The Staff Liaison is responsible for submitting periodic reports to the Town Council on
behalf of the board and/or commission noting progress and members attendance.
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 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.
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These include:
• Having a purpose for the meeting;
• Giving adequate notice;
• Posting 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;
• Keeping an accurate record of all proceedings; and
• 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 Liaison 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 Liaison 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.
The Chair or Staff Liaison shall arrange for an appropriate meeting location. Said
location should include proper lighting, voice, temperature control, adequate facilities
25
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 be represented
only 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.
Getting the Floor, Improper References to be Avoided: Every member wishing to speak
shall address the Chair, and upon recognition by the Chairman shall confine
26
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 is determined and, if in order, the member shall be permitted to proceed.
PARLIAMENTARY MOTIONS AND PRECEDENCE
A Majority Vote
Requires 2nd Debatable Amendable of Those Present
1. To adjourn Yes No No Yes
2. To take a recess Yes No Yes Yes
3. To commit, refer, or Yes Yes Yes Yes
recommit to committee
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 No No No 2/3
a question
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.
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
27
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 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 to be
placed on the Town Council agenda for consideration. The Staff Liaison will submit an
agenda request for the Town Council after being directed to do so by the Chair.
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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 requested 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 Liaison 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.
CITIZEN ADVISORY GROUPS
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
29
recommendations to the Town Council regarding their group’s specific area through
their Staff Administrator.
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 Citizen 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 Citizen Advisory
Groups.
• Staff Administrators in conjunction with the Citizen Advisory Group will
give biannual reports to the Council on the status of operations and
programs of the Citizen Advisory Groups.
After the first year, all the Citizen 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.
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Member Responsibilities
• Review, discuss, analyze and recommend Items to the 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 Citizen 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
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Town of Trophy Club Code of Ethics and Conduct
For Town Elected and Appointed Officials
Statement of Purpose
The Citizens and the businesses of the Town of Trophy Club are entitled to have fair,
ethical and accountable local government which earns the public’s full confidence for
integrity. The strong desire of the Town to fulfill this expectation therefore requires that
the Town officials, both elected and appointed:
• Comply with both the letter and sprit of the laws and policies affecting
the operations of government;
• Be independent, impartial and fair in their judgment and actions; and
• Use their respective office or position for the public good, not for the
personal gain.
To this end, the Town Council has adopted this Code of Ethics and Conduct for Town
officials in order to assure public confidence in the integrity of local government and its
effective and fair operation.
Definitions
The following words, terms and phrases, when used in this section, shall have the
following meanings subscribed to them:
Business. A corporation, partnership, sole proprietorship, firm, holding company, joint
stock company, receivership, trust or any other for profit or non-profit entity.
Town Council. The legislative and governing body of the Town consisting of the Mayor
and Council members.
Town Official. Any member of the Town Council and any appointed member of a Town
board, commission, committee or citizens advisory group set up by ordinance,
resolution, charter, state law or otherwise, on a temporary or permanent basis.
Employee. Any person employed by the Town, including those individuals on a part-
time basis, including independent contractors hired by the Town for repetitive
performance of services, but not independent contractors engaged for occasional
services.
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:
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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.
1. Act in the Public Interest
Recognizing that stewardship of the public interest must be their primary concern, Town
officials shall work for the common good of the people of the Town of Trophy Club and
not for any private or personal interest, and they shall assure fair and equal treatment of
all persons, claims and transactions coming before the Town Council, boards,
commissions, committees and advisory groups.
2. Comply with the Law
Town officials shall comply with the laws of the nation, the State of Texas, and the Town
of Trophy Club in the performance of their public duties. These laws include, but are not
limited to: the United States and Texas Constitutions; laws pertaining to conflicts of
interest, election campaigns, financial disclosures, employer responsibilities, and open
processes of government; and Town ordinances, resolutions and policies.
3. Conduct of Town Officials
As a member of the Town of Trophy Club Town Council or of a Town of Trophy Club town board,
commission or committee, I agree to uphold the Code of Ethics and Conduct myself by the following
model of behavior.
I will:
• Recognize the worth of individual Town officials and appreciate their individual talents,
perspectives and contributions;
• Help create an atmosphere of respect and civility where individual Town officials, Town
staff and the public are free to express their ideas and work to their full potential;
• Conduct my personal and public affairs with honesty, integrity, fairness and respect for
others;
• Respect the dignity and privacy of individuals and organizations;
• Keep the common good as my highest purpose and focus on achieving constructive
solutions for public benefit;
• Avoid and discourage conduct which is divisive or harmful to the best interests of the
Town of Trophy Club;
ADD • I will keep my comments germane to the issues before the Council.
This is also mentioned in the current Handbook under Section 5.
• Treat all people with whom I come in contact in a manner I wish to be treated;
• Before I speak or act I will ask myself the following questions:
1. Is it the truth?
2. Is it fair to all concerned?
3. Will it build goodwill and better relationships?
4. Will it be beneficial to all concerned?
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4. Respect for Process
Town officials shall perform their duties in accordance with the processes and rules of
order established by the Town Council and boards, commissions, committees and
citizen advisory groups governing the public deliberation of public policy issues,
meaningful involvement of the public, and implementation of policy decisions of the
Town Council by Town staff.
5. Conduct of Public Meetings
Town officials have an obligation to attend meetings and to be prepared for public
issues; to listen courteously and attentively to all public discussions before the body;
and to focus on the business at hand. They shall refrain from interrupting other
speakers, making personal comments not germane to the business of the body, or
otherwise interfering with the orderly conduct of meetings.
6. Decisions Base on Merit
It is expected and required that Town officials review material, participate in discussion
and base their decision on the merits and substance of the matter at hand.
7. Communication
Prior to permitting final action on a matter under consideration, Town officials shall
publicly share substantive information, which they may have received from sources
outside the public decision-making process, that is relevant to such action by the
Council, boards, commissions, committees or citizens advisory groups.
8. Conflicts of Interest and Disclosure
Town officials shall familiarize themselves with and abide by the following conflicts of
interest and disclosure statutes and principles:
a. Chapter 171 of the Local Government Code which requires a member of
the governing body or another office, whether elected, appointed, paid or
unpaid, of any municipality to file an affidavit disclosing a substantial
interest in a business entity or property that would be beneficially affected
by a decision of the governing body or of any other board or commission
upon which the member serves and thereafter to abstain from participation
in discussion and voting on the matter. Once the disclosure is made the
Town official is to remove himself from the meeting area to ensure his
presence does not hinder the discussion of the item or influence the vote.
b. Section 176 of the Local Government Code which requires Town Council
members and the Town Manager to file a conflicts disclosure statement
disclosing any business relationship with a person or business doing
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business with the Town or being considered by the Town for a business
relationship.
c. Section 176.003(a)(2)(B) of the Local Government Code which requires
the disclosure of gifts of an aggregate value of more than $250.00 in the
twelve (12) month period preceding the date that a local government
officer becomes aware of a transaction described in Section 176, other
than gifts of food, lodging, transportation, or entertainment accepted as a
guest.
d. Sections 553.001-553.003 of the Government Code which requires the
filing of an affidavit before the date the Town will acquire a property in
which public servants have a legal or equitable interest.
e. In order to assure their independence and impartiality on behalf of the
public good, Town officials are prohibited from using their positions to
influence government decisions in which they have a personal interest.
9. Corruption
Town officials shall familiarize themselves with and abide by the Texas Penal Code
mandates concerning corruption, including without limitation, Section 36.02 prohibiting
receipt of prohibited gifts, Section 39.02 concerning abuse of official capacity and
Section 39.06(a) concerning misuse of official information and all other applicable state
laws regulating or related to public service.
10. Political Advocacy
Town officials shall not utilize the Town’s name or logo for purposes of endorsing any
political candidate or business.
11. Confidential Information
Town officials shall respect the confidentiality of information concerning Town property,
personnel or proceedings of the Town. They shall neither disclose confidential
information without proper legal authorization, nor use such information to advance their
personal interests.
12. Use of Public Resources
Town officials shall not use public resources generally unavailable to the public, such as
Town staff time, equipment, supplies or facilities, for private gain or personal purposes.
13. Representation of Private Interests
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In keeping with their role as stewards of the public interest, Town officials shall not
appear on behalf of private interests of third parties before the Council or any board,
commission, committee, or proceeding of the Town.
14. Advocacy
Town officials shall represent the official policies or positions of the Town Council,
board, commission, committee or advisory group to the best of their ability when
designated as delegates for this purpose. When presenting their individual opinions and
positions, Town officials shall explicitly state that they do not represent their body or the
Town of Trophy Club, nor will they allow the inference that they do.
15. Policy Role of Town Officials
Town officials shall respect and adhere to the Town of Trophy Club governmental
structure as outlined in the Town’s charter, policies and procedures. In this structure,
the Town Council determines the policies of the Town with the advice, information and
analysis provided by the public, boards, commissions, committees, advisory groups and
Town staff. Except as provided by Town ordinance, Town officials therefore shall not
interfere with the administrative functions of the Town or the professional duties of the
Town staff; nor shall they impair the ability of Staff to implement Council policy
decisions.
16. Independence of Boards, Commissions, and Committees
Because of the value of the independent advice of boards, commissions, committees
and advisory groups to the public decision-making process, Town officials shall refrain
from using their position to influence unduly the deliberations or outcomes of board,
commission, committee, and advisory group proceedings.
17. Positive Work place Environment
Town officials shall support the maintenance of a positive and constructive work place
environment for Town employees and for citizens and businesses dealing with the
Town. Town officials shall recognize their special role in dealing with Town employees
and refrain from creating the perception of inappropriate direction to Staff.
18. Implementation
As an expression of the standards of conduct for the Town officials expected by the
Town, the Trophy Club Code of Ethics and Conduct is intended to be self-enforcing. It
therefore becomes most effective when Town officials are thoroughly familiar with it and
embrace its provisions. Ethical standards shall be included in the regular orientations for
candidates for Town Council, applicants to boards, commissions, committees, and
advisory groups, and newly elected and appointed Town officials. Town officials
entering office, including those appointed to boards, commissions, committees and
36
advisory groups shall sign a statement affirming they have read and understood the
Town of Trophy Club Code of Ethics and Conduct and agree to be bound by its terms.
In addition, the Code of Ethics and Conduct shall be reviewed periodically by the Town
Council, boards, commissions, committees, and advisory groups, and the Town Council
shall consider recommendations from boards, commissions, committees, advisory
groups, employees, and citizens for revision as it becomes necessary.
19. Compliance and Enforcement
The Town of Trophy Club Code of Ethics and Conduct expresses standards of ethical
conduct expected for Town officials of the Town of Trophy Club Town Council, boards,
commissions, committees and advisory groups. Town officials themselves have the
primary responsibility to assure that ethical standards are understood and met, and that
the public can continue to have full confidence in the integrity of government. The chairs
of boards, commissions and committees and the Mayor have the additional
responsibility to intervene when Town officials’ actions appear to be in violation of the
Code of Ethics and Conduct and are brought to their attention. The Town Council may
impose sanctions, such as reprimand, formal censure or loss of appointment, on Town
officials whose conduct does not comply with the Town’s ethical standards. The Town
Council also may act to remove members of boards, commissions and committees from
office in accordance with the procedures and subject to the limitations set forth in
Section 20 if this policy. The Town Council finds and determines that the ethics and
standards of conduct contained in this Handbook are necessary and appropriate in
order to serve the legitimate goal of orderly governance, integrity and public confidence
in government.
20. Procedure for Enforcement
Upon good faith belief that a Town official has violated any term or provision of this
Handbook for Elected and Appointed Officials, a party having such good faith belief that
a violation has occurred and wishing to initiate a formal review of the alleged violation
shall file a written complaint with the Town Secretary. The written complaint shall
contain 1) the name of the complaining party (hereinafter “Complainant”); 2) the name
of the party against whom the complaint is being filed (hereinafter “Respondent”); 3) the
specific sections of this Handbook allegedly violated; 4) Specific dates, approximate
time of day, locations and other facts evidencing the alleged violations; and 5) any
documentation evidencing that a violation of the Handbook occurred.
Upon receipt of a written complaint meeting all of the requirements set forth in the
preceding paragraph, the Town Secretary shall place the complaint on the next
available regular Council meeting agenda for which posting requirements may legally
and procedurally be met. Alternatively, if the complaint does not meet all of the
requirements set forth in the preceding paragraph, the Town Secretary shall notify the
Complainant in writing of the nature of the deficiency and no further action by the Town
Secretary or Council shall be necessary, until such time the Town Secretary can
determine that the complaint meets the requirements of this section. Once placed upon
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the Council agenda, the scope of the Council review shall be limited to a determination
of whether the complaint on its face presents a violation of this Handbook for which
sanctions, such as reprimand, formal censure, or loss of appointment would be
appropriate in order to serve the legitimate goal of orderly governance, integrity, and
public confidence in government. Upon a majority vote of Council that the complaint
merits further review and investigation, an item shall be placed on the next available
regular Council meeting agenda for which posting requirements may be legally and
procedurally met. Additionally, upon majority vote, the Town Council may specify any
and all individual items of grievance from the Complaint that merit such review and
investigation and that will be considered by the Council at a subsequent hearing on the
matter. At least seven (7) days prior to the hearing date, the Town Secretary shall notify
the Respondent in writing of the date, time and place at which the Council will conduct a
hearing on the merits of the alleged complaint, and if Council has by majority vote
specified individual items for review and investigation at the hearing, such notice shall
advise the Respondent of the scope of the hearing. Alternatively, if upon review of the
complaint on its face a majority vote of Council determines that further review and
investigation is not warranted, then the Complainant shall be notified in writing of such
vote, the written complaint shall be returned to the Complainant, and no further action
shall be required by the Town Secretary or Town Council.
At the subsequent Council hearing, the Complainant and Respondent may present
testimonial and or documentary evidence regarding the allegations contained within the
Complaint. If Council determines that substantial evidence has been presented to
support the allegation that a violation of the Handbook has occurred and that the
violation is detrimental to orderly governance, integrity, and public confidence in the
Town government, then Council may by majority vote impose sanctions, such as
reprimand, formal censure, or loss of appointment, as determined appropriate to serve
the legitimate goals of this policy.
All procedural rules of the Council shall apply to proceedings conducted pursuant to this
Section. The complaint procedure specified in this Section shall only be applicable to
those Town officials who are appointed and for the conduct of such official that occurs
during the official’s term of office on a Town board, commission, committee or advisory
group. Notwithstanding the foregoing, this Section shall not apply to officials who are
appointed to fill vacancies on the Town Council or to Town Council members.
Sanctioning of elected officials shall only be allowed in accordance with Town Charter
and state law.
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STATEMENT OF COMMITMENT
As a member of the Town of Trophy Club Town Council or of a Town of Trophy Club
town board, commission or committee, I agree to uphold the Code of Ethics and
Conduct myself by the following model of behavior.
I will:
• Recognize the worth of individual Town officials and appreciate their
individual talents, perspectives and contributions;
• Help create an atmosphere of respect and civility where individual Town
officials, Town staff and the public are free to express their ideas and work
to their full potential;
• Conduct my personal and public affairs with honesty, integrity, fairness
and respect for others;
• Respect the dignity and privacy of individuals and organizations;
• Keep the common good as my highest purpose and focus on achieving
constructive solutions for public benefit;
• Avoid and discourage conduct which is divisive or harmful to the best
interests of the Town of Trophy Club;
• Treat all people with whom I come in contact in a manner I wish to be
treated;
• Before I speak or act I will ask myself the following questions:
1. Is it the truth?
2. Is it fair to all concerned?
3. Will it build goodwill and better relationships?
4. Will it be beneficial to all concerned?
I affirm that I have read and that I understand, accept and support the Town of Trophy
Club Code of Ethics and Conduct.
_____________________________________________
Elected or Appointed Official Printed Name
_____________________________________________
Position
_________________________________ _______________
Signature Date
39
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-20-2007
Subject: Agenda Item No.D.8
Discuss and receive input relative to potential amendments to Section
4.05(B)(2) of Article IV, Chapter 5 of the Code of Ordinances relating to
number, size and placement of political signs.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
2. Insert from March 5th, 2007 Minutes
3. Staff input on the adopted code (input is underlined and bolded.)
40
Ordinance 2007-10 language approved on March 5th, 2007.
2. Number, Size and Placement:
A political sign shall not exceed thirty-six (36) square feet in area nor exceed
eight feet (8’) in height, as measured from the ground. A political sign may not
be illuminated or have any moving elements. No more than one (1) of such
signs for each political candidate or issue on the election ballot shall be
erected on any residentially zoned parcel of land. The front and back surface
of a political sign shall constitute one sign. For signs with three or more
surfaces, each surface shall constitute a separate sign for purposes of size
requirements. Signs with three or more surfaces are prohibited on
residentially zoned parcels of land. For signs located on non-residential or
unplatted property, the minimum distance between single or multisided signs
for each political candidate or issue on the election ballot shall be one hundred
feet (100’).
Insert from March 5th, 2007 Minutes
Mayor Sanders pulled Item B.3.
B.3 Consent Agenda: Discuss and take appropriate action relative to an Ordinance amending Section
4.05(B)(2) of Article IV, Chapter 5 of the Code of Ordinances relating to number, size and
placement of political signs.
Mayor Sanders indicated the words on the election ballot should have been included to the last sentence
of the Ordinance amendment, and read the following as the amendment the Council would approve; “For
signs located on non-residential or unplatted property, the minimum distance between single or multisided
signs for each political candidate or issue on the election ballot shall be one hundred feet (100’).”
Motion made by Cates, seconded by Edstrom to approve with the Mayor’s correction.
Motion passed unanimously without any discussion.
Staff input on the adopted code (input is underlined and bolded.)
Section 4.05 Temporary Signs
A. Temporary Signs
Except as specifically provided herein, the following regulations apply to all
temporary signs:
1. Duration:
All temporary signs may be erected or maintained in any location for a maximum
period of sixty (60) days before the signs must be replaced or removed.
Temporary signs shall be kept in repair and proper state of preservation.
Temporary signs advertising an event, function or activity shall be removed
within three (3) days following the date of the event, function or activity.
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2. Right-of-Way
No temporary sign may be erected or placed in the median of any public right-of-
way. However, temporary signs may be placed in the Town’s right-of-way
between the curb and property line provided they do not create a safety hazard
of any type, including but not limited to impaired visibility, and that the distance
between the back of the curb and the sign measure at least three (3) feet.
3. Safety Hazard Prohibited
Temporary signs shall not be installed in any manner that may result in a
potential safety hazard of any type.
4. Town Owned Property
Temporary signs shall not be placed on any Town owned property, including but
not limited to Town parks, fire stations, police stations, libraries, or buildings
located on property owned, leased, utilized, or controlled by the Town unless
prior written permission is obtained from the Town.
5. Removal:
Except as specifically provided herein, any temporary sign placed, erected, or
maintained in violation of this Article may be removed by the Designated Official
without notice.
B. Political Signs
1. No political sign may be erected or placed on private real property, including but
not limited to vacant lots or tracts, unless the property Owner has given written
permission and such documentation is provided to the Designated Official upon
the Official’s request. Political signs may be erected or placed on any private lot
or property or on any trailer or vehicle as specifically described in this Section
4.05 – Temporary Signs, and in accordance with the regulations governing
temporary signs.
2. Number, Size and Placement:
42
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-20-2007
Subject: Agenda Item No.D.9
Town Manager Emmons to designate an Acting Town Manager.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(bse)
Attachments: 1. Letter of Designation
43
August 20, 2007
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 Chief Scott Kniffen 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: 8-20-2007
Subject: Agenda Item No.D.10
Items for Future Agenda.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Items for Future Agendas
1. Review of the Property Maintenance Ordinance. Council member Cates
2. Discussion about storm water discharge from pools. Staff
3. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and
consideration of improvements for area to create a linear park. Mayor Sanders - Council
member Cates
4. Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an Ordinance
establishing the Town's Emergency Management System. Town Manager Emmons – Fire
Chief Thomas
5. Research grant possibilities regarding phase two street calming/sidewalks. Mayor Pro Tem
Edstrom
45
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-20-2007
Subject: Agenda Item No.D.11
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) Report from EDC 4a Liaison, Council member Moss.
b) Report from EDC 4B Liaison, Council member Sterling.
c) Town Manager's Report.
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-20-2007
Subject: Agenda Item No.E.1
Adjourn.