Agenda Packet TC 12/03/2007Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, December 3, 2007
7:00 P.M.
A.1 Call to order and announce a quorum.
A.2 Invocation.
A.3 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God,
one and indivisible."
A.4 Citizen Presentations: this is an opportunity for citizens to address the Council on
any matter whether or not it is posted on the agenda. The Council is not
permitted to take action on or discuss any presentations made to the Council at
this time concerning an item not listed on the agenda. The Council will hear
presentations on specific agenda items prior to the Council addressing those
items.
B.1 Consent Agenda: Discuss and take appropriate action regarding the modification
and renewal of the employment contract between the Town and Town Manager
Brandon Emmons to reflect the changes approved at the November 19, 2007
Town Council meeting.
B.2 Consent Agenda: Discuss and take appropriate action regarding a Resolution
approving an Interlocal Agreement for Fire and Mutual Aid Services with Tarrant
County.
B.3 Consent Agenda: Discuss and take appropriate action regarding Minutes dated
September 17, 2007.
C.1 Public Hearing: Staff report and public input regarding the adoption of an
ordinance amending Chapter 15 of the Code of Ordinances entitled "Taxation" by
adding Article II entitled "Goods-In-Transit -- Local Taxation" providing for the
taxation of tangible personal property or "goods-in-transit" which would otherwise
be exempt from taxation pursuant to Texas Tax Code, Section 11.253.
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D.1 Discuss and take appropriate action regarding an Ordinance amending Chapter
15 of the Code of Ordinances of the Town to add Article II entitled "Goods-In-
Transit -- Local Taxation" authorizing the Town to tax tangible personal property
in transit which would otherwise be exempt pursuant to Texas Tax Code, Section
11.253.
D.2 Discuss and take appropriate action regarding a Final Plat Approval Request
from Carter & Burgess, Inc. on behalf of 831 Trophy LP, The Highlands at Trophy
Club Neighborhood 9, Lots 1-32, Block A, and Lots 1-14, Block B (18.368 acres)
(FP-07-024)
A. Discuss and take appropriate action regarding the approval of the
Subdivider's Agreement for an 18.368 acre tract of land known as The
Highlands at Trophy Club Neighborhood 9.
D.3 Discuss and take appropriate action regarding a request for approval of a
Preliminary Plat from Carter & Burgess, Inc. for Canterbury Hills, Phase 1 & 2
and Waters Edge at Hogan's Glen, Phase 2 & 3, a total of 232 Lots (127.88
acres) (PP-07-016).
D.4 Discuss and provide direction to staff regarding traffic, safety concerns, and
speed limit on Skyline Drive.
D.5 Discuss and provide input regarding pool discharges into the Town of Trophy
Club Separate Storm Sewer System.
D.6 Discuss and take appropriate action regarding the formation of a Charter
Amendment Review Committee.
D.7 Discuss and receive input regarding an Ordinance amending Chapter 11, Public
Works, Article I, of the Code of Ordinances establishing guidelines for residential
dumpsters.
D.8 Discuss and take appropriate action regarding the award/rejection of bids for the
Landscape and Irrigation Improvements for Trophy Club Drive, Bid No. 11207,
and authorizing the Mayor or his designee to all execute necessary contract
documents.
D.9 Discuss and take appropriate action to approve financials and variance report
dated November 2007.
D.10 Discuss and take appropriate action regarding employees who report directly to
the Town Council and the following:
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A. Discuss and take appropriate action with regards to implementing a
standardized periodic evaluation process of the Town Manager, Town
Attorney and Town Secretary by the Town Council.
B. Discuss and provide input on methods in which to improve and enhance
communication between employees who report directly to Town Council
and Town Council.
C. Discuss and take appropriate action with regards to reviewing and/or
amending job descriptions of the Town Manager, Town Attorney and
Town Secretary.
D.11 Items for Future Agenda.
D.12 Reports. There will be no action taken regarding any individual project posted
under this item and discussion will be limited. If extensive discussion is required,
the item may be placed on a future agenda.
A. Town Manager's Report.
E.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-3-2007
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: 12-3-2007
Subject: Agenda Item No.A.2
Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-3-2007
Subject: Agenda Item No.A.3
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under
God, one and indivisible."
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-3-2007
Subject: Agenda Item No.A.4
Citizen Presentations: this is an opportunity for citizens to address the
Council on any matter whether or not it is posted on the agenda. The
Council is not permitted to take action on or discuss any presentations
made to the Council at this time concerning an item not listed on the
agenda. The Council will hear presentations on specific agenda items prior
to the Council addressing those items.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-3-2007
Subject: Agenda Item No.B.1
Consent Agenda: Discuss and take appropriate action regarding the
modification and renewal of the employment contract between the Town
and Town Manager Brandon Emmons to reflect the changes approved at
the November 19, 2007 Town Council meeting.
Attachments: 1. Contract consideration from the November 19, 2007 meeting.
2. Red Lined Contract
3. Final Contract
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Contract Considerations:
5.01 Severance – Compensation - Provided the Town Manager is physically able to
perform the functions of Town Manager, and in the event the Town Council terminates
Town Manager’s employment during any term of this Agreement for any reason other
than that provided in Section 5.03 of this Agreement, Town agrees to pay the Town
Manager a lump sum cash payment equal to six (6) months salary and to continue to
pay premiums on applicable insurance coverage for the six (6) month period
immediately following the effective date of termination and any accrued sick or vacation
leave.
5.04 Deemed Termination. Provided the Town Manager is physically able to perform
the functions of Town Manager, and in the event that Town, at any time after the
effective date of this Agreement and during the term thereof, reduces the salary or other
financial benefits of Town Manager in a greater percentage than an applicable across
the board reduction for all regular Town employees; or in the event that Town refuses,
following written notice, to comply with any provision of this Agreement benefiting Town
Manager; or should Town Manager resign upon the formal or informal request of a
majority of the Town Council; then, in that event, Town Manager may, at his option be
deemed to be “terminated” at the date of such reduction, refusal, or resignation and
shall be entitled to the six (6) month cash severance payment and insurance benefit for
the six (6) month period as described in Section 5.01.
Section 7 Deleted
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EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into this ___ day of ____, 2007, by and
between the Town of Trophy Club, Texas, a Home Rule Municipal Corporation,
(hereinafter “Town”) and Brandon Emmons, an individual, (hereinafter “Town
Manager”).
WITNESSETH
WHEREAS, Town desires to employ Brandon Emmons as the Town Manager for the
Town of Trophy Club as provided by the Trophy Club Town Charter, (hereinafter
“Charter”); and
WHEREAS, it is the desire of the Trophy Club Town Council (hereinafter “Council”) to
provide certain benefits, establish certain conditions of employment, and to set certain
working conditions for Town Manager; and
WHEREAS, Brandon Emmons desires to accept and continue employment as
Manager, and an officer, of Town on the terms and conditions outlined herein below:
and
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, and hereinbefore stated, the parties agree as follows:
SECTION 1.
POWERS AND DUTIES OF MANAGER
1.01 Generally. The Town Council hereby retains Brandon Emmons as Town
Manager for the Town of Trophy Club effective December 3, 2007, to perform the
functions and duties specified in the Charter, and to perform such other duties
and functions as the Town Council shall from time to time assign, which are not
inconsistent with the Charter, laws, Ordinances, or this Agreement.
1.02 Changes. The Town Council shall fix any other reasonable terms and conditions
of service, as it determines from time to time, relating to the performance of Town
Manager, provided such terms and conditions are not inconsistent with or in
conflict with the provisions of this Agreement, the Charter or other law.
SECTION 2.
TERM AND CONDITIONS
2.01 Tenure. The Town Manager shall serve at the pleasure of the Town Council and
nothing herein shall be taken to imply or suggest a guaranteed tenure. Upon
Council approval, this Agreement shall become effective on December 3, 2007
and shall terminate on June 1, 2009 unless terminated earlier as otherwise
provided herein. Such termination date shall automatically be extended for a
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period of one (1) year unless the Town Council takes formal action to cancel the
extension before December 15, 2008 and before December 15th each year
thereafter.
2.02 Resignation or Retirement. Nothing in this Agreement shall prevent, limit or
otherwise interfere with the right of the Town Manager to resign or retire at any
time from his/her position with the Town. The Town Manager agrees to provide a
thirty (30) day written notice of such resignation.
2.03 Termination by Council. Nothing in this Agreement shall prevent, limit, or
otherwise interfere with the right of the Town Council to terminate the services of
Town Manager at any time, subject only to the provisions of this Agreement.
2.04 Exclusive Employee. Town Manager agrees to remain in the exclusive employ
of Town as its Town Manager while employed by the Town.
2.05 Limitations and Indemnification. The Town Manager shall serve in
accordance with the limitations specified in the Charter and receive the
indemnification benefits specified in the Charter for Town employees and officers
upon appropriate action by the Town Council as specified in the Charter.
SECTION 3.
SALARY
3.01 Town agrees to budget and pay Town Manager for his/her services rendered
pursuant to this Agreement an annual base salary of $112,506.35, payable in
installments at the same time as other employees of the Town are paid. Such
annual salary may be modified from time to time by notice to Town Manager, in
writing, referencing this Agreement and signed by the Mayor or Mayor Pro Tem
of the Town holding office at the time as approved by Town Council.
3.02 For the purpose of annual budgeting, Town Manager shall be evaluated for
performance and salary/merit increases on an annual basis during the fourth
quarter of the fiscal year (July 1 through September 30). Town Council may
conduct such other performance reviews at intervals determined appropriate by
the Town Council without having such reviews tied to the Town Manager’s
compensation.
3.03 Town Manager recognizes that this Agreement shall commence upon the day
first written above and continue in full force and effect until termination in
accordance with its provisions. Town Manager and Town herein recognize that
the continuation of any contract after the close of any given fiscal year of the
Town of Trophy Club, which fiscal year ends on September 30th of each year,
shall be subject to Trophy Club Town Council approval. In the event that the
Trophy Club Town Council does not approve the appropriation of funds for this
Agreement, this Agreement shall terminate at the end of the fiscal year for which
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funds were appropriated and the parties shall have no further obligations
hereunder. The parties agree and understand that this fiscal funding clause is
included as a part of this Contract in order to comply with state constitutional
requirements and is not intended as a means to circumvent the provisions of
Section Five of this Agreement. The Town agrees to act in good faith regarding
the funding of this Agreement.
SECTION 4.
BENEFITS
4.01 TMRS and Social Security. Town Manager shall be covered and governed by
the same Texas Municipal Retirement System (TMRS) provisions and applicable
Social Security provisions as all regular Town employees.
4.02 Leave. Town Manager shall receive vacation, personal and sick leave on the
same basis as all regular Town employees.
4.03 Insurance Coverage. The Town Manager shall be covered by all the same
medical, dental and other insurance plans as all regular Town employees. Town
Manager shall pay all premiums for dependants in accordance with Town policies
applicable to regular Town employees.
4.04 Fringe Benefits. All provisions of the Charter, rules and regulations of the Town
relating to fringe benefits and working conditions shall apply to the Town
Manager as they would to all regular employees of Town.
4.05 Cellular Phone. The Town shall provide a cellular phone for use of the Town
Manager in accordance with policies applicable to all regular Town employees.
4.06 Car Allowance. The Town shall provide a car allowance in the amount of
$400.00 per month to the Town Manager payable on or about the first day of
each month. Such car allowance shall be intended to reimburse the Town
Manager for all business usage of his/her personal vehicle for travel related to
Town business.
4.07 Expenses, Memberships and Training. The Town shall pay for all reasonable
and budgeted Town business expenses justified by itemized receipts.
Additionally, through the budgeting process, the Town Council has the discretion
to pay for training for the Town Manager and for Town Manager’s membership in
such professional associations or organizations as Council determines
appropriate and beneficial to the Town Manager in the performance of his/her job
duties.
4.08 Computer Equipment. The Town shall budget for and provide a laptop
computer and related equipment for Town Manager’s use. Such use by Town
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Manager shall be subject to the rules and regulations applicable to all regular
Town employees.
4.09 Applicability of Town Charter and Regulations. All provisions of the Charter,
Ordinances, and regulations and rules of the Town relating to vacation, sick
leave, retirement, pension system contributions, holidays, or other fringe benefits
and working conditions as they now exist or hereafter may be amended, shall
also apply to the Town Manager as they would to all regular employees of Town
in addition to the other benefits enumerated specifically for the benefit of Town
Manager in this Agreement. Application of such benefits shall not be construed
to affect or otherwise change the status of Town Manager from independent
contractor to employee.
SECTION 5.
TERMINATION AND SEVERANCE PAY
5.01 Severance - Compensation. Provided the Town Manager is physically able to
perform the functions of Town Manager, and in the event the Town Council
terminates Town Manager’s employment during any term of this Agreement for
any reason other than that provided in Section 5.03 of this Agreement, Town
agrees to pay the Town Manager a lump sum cash payment equal to six (6)
months salary. Town also agrees to continue to pay premiums on applicable
insurance coverages for the six (6) month period immediately following the
effective date of termination or until such time as Town Manager obtains other
employment with insurance benefits, whichever occurs first, and to pay any
accrued sick or vacation leave.
5.02 Inability to Perform. Should the Town Manager become permanently disabled
or otherwise unable to perform his/her duties because of sickness, accident,
injury, mental incapacity or health for a period of four (4) weeks beyond any
accrued leave, the Town Council shall have the right to terminate this Agreement
without providing severance compensation.
5.03 Termination for Cause. If the Town Manager is terminated for “just cause” then
only obligation to the Town Manager is to pay all compensation and benefits
accrued but unpaid at the date of termination. “Just Cause” is defined and
limited for the purposes of this Agreement, to the following reasons:
a. Any willful breach, disregard or habitual neglect of duties requested of the
Town Manager by the Town Council and formally communicated to the Town
Manager in writing if requested, or required to be performed by the Town
Manager under the Charter or Ordinances of the Town, and laws of the
Unites States and State of Texas.
b. Any misconduct involving an act of moral turpitude or conviction of a felony or
Class “A” misdemeanor.
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b. Any misapplication, misuse or misappropriation by Town Manager of Town
funds or assets entrusted to or administered by Town Manager.
5.04 Deemed Termination. Provided the Town Manager is physically able to perform
the functions of Town Manager, and in the event that Town, at any time after the
effective date of this Agreement and during the term thereof, reduces the salary
or other financial benefits of Town Manager in a greater percentage than an
applicable across the board reduction for all regular Town employees; or in the
event that Town refuses, following written notice, to comply with any provision of
this Agreement benefiting Town Manager; or should Town Manager resign upon
the formal or informal request of a majority of the Town Council; then, in that
event, Town Manager may, at his option be deemed to be “terminated” at the
date of such reduction, refusal, or resignation and shall be entitled to the six (6)
month cash severance payment and insurance benefit for the six (6) month
period as described in Section 5.01..
5.05 Release. Contemporaneously with the delivery of severance pay under Section
5 of this Agreement, the Town Manager agrees to execute and deliver to the
Town Council all releases, releasing the Town, its employees and
representatives, and the Town Council, both collectively and individually in their
private and official capacities, from all claims that the Town Manager may have
against the Town of Trophy Club or the Town Council, either collectively or
individually, in corporate, private or official capacities.
SECTION 6.
CONFLICT OF INTEREST
It is understood and agreed that because of the duties of the Town within and one
behalf of the Town of Trophy Club and its citizenry, Town Manager shall not, during the
term of this Agreement, individually as a partner, joint venture, officer or shareholder,
invest or participate in any business venture conducting business in the corporate limits
of the Town of Trophy Club, except for stock ownership in any company whose capital
stock is publicly held and regularly traded without prior approval of the Town Council.
During the term of this Agreement Town Manager further agrees, except for a personal
residence or residential property acquired or held for future use as his/her personal
residence, not to invest in any other real estate or property improvement within the
corporate limits of the Town without the prior written consent of the Town Council.
SECTION 7.
RESIDENCY
The Town Manager shall establish residency in the Town unless excused by Town
Council as provided in the Charter.
SECTION 8.
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MISCELLANEOUS
8.01 Entire Agreement. This agreement represents the entire and integrated
agreement between Town and Town Manager and supersedes all prior
negotiations, representations and/or agreements, either written or oral. This
Agreement may be amended only by written instrument signed by both parties.
8.02 Severability. In the event that any provision or portion of this Agreement shall
be found to be contrary to law, invalid, or unenforceable, it is the intent of the
parties hereto that the remaining portions shall remain valid and in full force and
effect to the extent possible.
IN WITNESSS WHEREOF, by proper action taken at an open meeting, the Town
Council of the Town of Trophy Club has caused this Agreement to be signed and
executed on its behalf by its Mayor and duly attested by its Town Secretary and Town
Manager has signed and executed this Agreement on the date set forth above.
TOWN OF TROPHY CLUB, TEXAS
Date: ______________ BY:
______________________________
Nick Sanders, Mayor
Date: ______________ BY:
______________________________
__________________, Town Manager
ATTEST:
_________________________________
Town Secretary
APPROVED AS TO FORM:
_________________________________
Town Attorney
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-3-2007
Subject: Agenda Item No.B.2
Consent Agenda: Discuss and take appropriate action regarding a
Resolution approving an Interlocal Agreement for Fire and Mutual Aid
Services with Tarrant County.
EXPLANATION:
This agreement is renewed annually and was last approved on November 6, 2006 as a
Consent Agenda Item.
(dt)
Attachments: 1. Resolution
2. Exhibit “A” – Tarrant County Agreement
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TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2007-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS APPROVING AN INTERLOCAL AGREEMENT
(MUTUAL AID) FOR FIRE PROTECTION, FIRE RESCUE AND FIRST
RESPONSE FOR EMERGENCY MEDICAL SERVICES WITH THE
TARRANT COUNTY EMERGENCY SERVICES DISTRICT NO. ONE;
AUTHORIZING THE MAYOR OR HIS DESIGNEE TO EXECUTE THE
AGREEMENT ON BEHALF OF THE TOWN; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas
Government Code, authorizes governmental entities to contract with each other to
perform government functions and services, such as those that serve the public health
and welfare; and
WHEREAS, Tarrant County Emergency Services District No. One (“The
District”), is a special district within the meaning of the Interlocal Cooperation Act, and is
therefore an entity with which the Town may contract; and
WHEREAS, the Town Council has been presented a proposed Interlocal
Cooperation Agreement by and between the Town of Trophy Club, Texas, and the
District providing terms and conditions for certain mutual aid fire services to be provided
by the Town to the District, a substantial copy of which is attached hereto as Exhibit “A”
and incorporated herein by reference (hereinafter called “Agreement”); and
WHEREAS, upon full review and consideration of the Agreement and of this
Resolution, and all matters attendant and related thereto, the Town Council is of the
opinion that the execution of the Agreement serves a valid public purpose, that all funds
necessary to pay for the services shall be paid out of current revenue legally available
to the parties to the Agreement and shall not exceed the amount budgeted therefore in
the current fiscal year budget, that the terms and conditions of the Agreement should be
approved, and that the Mayor or his designee should be authorized to execute the
Agreement on behalf of the Town of Trophy Club.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS THAT:
Section 1. The Town Council of the Town of Trophy Club, Texas (the “Town”)
does hereby approve and agree to enter into an agreement with the Tarrant County
Emergency Services District No. One. A substantial copy of which is attached hereto
and incorporated herein as Exhibit “A”.
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Section 2. The Mayor or his designee is hereby authorized, empowered and
directed to execute the Agreement on behalf of the Town of Trophy Club.
Section 3. This Resolution shall take effect from and after its date of passage.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this the 3rd day of December, 2007.
______________________________
Mayor Nick Sanders
Town of Trophy Club, Texas
ATTEST:
_____________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
______________________________________
Town Attorney
Town of Trophy Club, Texas
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Exhibit A
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-3-2007
Subject: Agenda Item No.B.3
Consent Agenda: Discuss and take appropriate action regarding Minutes
dated September 17, 2007.
Attachments: 1. Minutes dated September 17, 2007.
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MINUTES OF SPECIAL SESSION TOWN COUNCIL MEETING FOR
THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, September 17, 2007
7:00 A.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Special Session on Monday, September
17, 2007.The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Susan Edstrom Mayor Pro Tem
Pam Cates Council Member
Jim Moss Council Member
Philip Sterling Council Member
Kathleen Wilson Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Sakura Moten-Dedrick Finance Director
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
A.1 Mayor Sanders called the Regular Session to order at 7:07 a.m. noting a quorum was present.
Mayor Sanders introduced Robert Micklos from Hughes|Luce LLP and Kirk Wilson from Centurion.
A.2 Opening comments by the Town Manager.
At Council’s request for estimates, Town Manager Emmons explained the staff’s estimated time spent
working on PID related items and documents, not including the development itself.
TOWN COUNCIL CONVENED INTO SPECIAL SESSION
*SPECIAL SESSION
B.1 Discuss and review the Town's FY2007-08 Proposed Budget and tax rate.
Kirk Wilson said the detail provided looks adequate and acknowledged the $127,292 the developer
agreed to pay in expenses accrued in addition to the PID Bonds. Wilson consulted with Keenan Rice
from MuniCap and would like these expenses to come out of the closing, anticipated for October 15,
2007.
Council member Cates feels the staff hours are under estimated. Mayor Sanders explained the hours do
not relate to zoning and development. Town Manager Emmons clarified that it may appear that the staff
is doing a lot of additional work; however staff would have to do this for any new development.
Mayor Pro Tem Edstrom agreed with Mayor Sanders and said the expense should go towards I&S.
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Town Manager Emmons said the $127,292 should be applied towards the I&S component, with this
amount listed as a separate line to offset the budget. Council member Cates feels the savings and cuts
should be kept in place in I&S and thinks the $127,292 should be spread out over the life of the debt.
Council’s preference is to use the $127,292 next year and asked Finance Director, Sakura Dedrick to
show what it will look like in out years.
Council member Sterling recollects the PID creation was not to cost the Town and suggested staff look at
the cost for new development as opposed to the PID creation to see if the estimates are fair.
Mayors Sanders confirmed with Kirk Wilson that the expenses to be paid by the developer are non-
qualified $3.2 million, non-qualified $474,000 park improvements and $127,000 in expenses.
Finance Director, Sakura Dedrick clarified Council’s consent to build the budget with no tax increase.
C.1 Adjourn.
Motion made by Sterling; seconded by Wilson to adjourn.
Meeting adjourned at 8:10 a.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: 12-3-2007
Subject: Agenda Item No.C.1
Public Hearing: Staff report and public input regarding the adoption of an
ordinance amending Chapter 15 of the Code of Ordinances entitled
"Taxation" by adding Article II entitled "Goods-In-Transit -- Local Taxation"
providing for the taxation of tangible personal property or "goods-in-
transit" which would otherwise be exempt from taxation pursuant to Texas
Tax Code, Section 11.253.
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-3-2007
Subject: Agenda Item No.D.1
Discuss and take appropriate action regarding an Ordinance amending
Chapter 15 of the Code of Ordinances of the Town to add Article II entitled
"Goods-In-Transit -- Local Taxation" authorizing the Town to tax tangible
personal property in transit which would otherwise be exempt pursuant to
Texas Tax Code, Section 11.253.
EXPLANATION:
Please see attached memo for further explanation. This must be approved prior to
January 1, 2008 for this to remain in effect and then provided to the Denton County
Appraisal District.
RECOMMENDATION:
Finance recommends the approval of this ordinance to tax tangible personal property in
transit.
(smd)
Attachments: 1. Attorney Memo “New Exemption of Goods in Transit”
2. Ordinance
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TOWN OF TROPHY CLUB, TEXAS
TOWN ORDINANCE NO. 2007-XX
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES OF THE
TOWN ENTITLED “TAXATION,” BY ADDING ARTICLE II, ENTITLED
“GOODS-IN-TRANSIT -- LOCAL TAX” APPROVING THE TAXATION
OF TANGIBLE PERSONAL PROPERTY IN TRANSIT WHICH WOULD
OTHERWISE BE EXEMPT PURSUANT TO TEXAS TAX CODE,
SECTION 11.253; PROVIDING FOR THE INCORPORATION OF
PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A
SAVINGS AND REPEALER CLAUSE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the 80th Texas Legislature in Regular Session has enacted House
Bill 621 to take effect on January 1, 2008, which added Tex. Tax Code §11.253 to
exempt from taxation certain tangible personal property held temporarily at a location in
this state for assembling, storing, manufacturing, processing or fabricating purposes
(goods-in-transit) which property has been subject to taxation in the past; and
WHEREAS, Texas Tax Code §11.253(j) as amended allows the governing body
of a taxing unit, after conducting a public hearing, to provide for the continued taxation
of such goods-in-transit; and
WHEREAS, the Council of the Town of Trophy Club, having conducted a public
hearing as required by Section 1-n (d), Article VIII, Texas Constitution, is of the opinion
that it is in the best interests of the district to continue to tax such goods-in-transit;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
Chapter 15 of the Code of Ordinances entitled “Taxation” is hereby amended to
add Article II entitled “Goods-In-Transit – Local Tax,” which shall be and read in its
entirety as follows:
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2.01 Definitions.
A. As used in this Article, the following terms shall be defined as follows:
1. “Dealer's motor vehicle inventory,” “dealer's vessel and outboard motor
inventory,” “dealer's heavy equipment inventory,” and “retail manufactured
housing inventory” have the meanings assigned by Subchapter B, Chapter
23.
2. “Goods-in-transit" means tangible personal property that:
a. is acquired in or imported into this state to be forwarded to another
location in this state or outside this state;
b. is detained at a location in this state in which the owner of the property
does not have a direct or indirect ownership interest for assembling,
storing, manufacturing, processing, or fabricating purposes by the person
who acquired or imported the property;
c. is transported to another location in this state or outside this state not later
than 175 days after the date the person acquired the property in or
imported the property into this state; and
d. does not include oil, natural gas, petroleum products, aircraft, dealer's
motor vehicle inventory, dealer's vessel and outboard motor inventory,
dealer's heavy equipment inventory, or retail manufactured housing
inventory.
3. “Location" means a physical address.
4. “Petroleum product" means a liquid or gaseous material that is an immediate
derivative of the refining of oil or natural gas.
2.02 Goods-In-Transit Subject to Local Taxation.
A. Goods-in-transit, as defined in Section 2.01(A)(2) above, shall remain subject to
taxation by the Town of Trophy Club, Texas and shall therefore not be exempt
from taxation until such time as the Town Council by official action rescinds or
repeals this Article or otherwise determines that the exemption provided by state
law is applicable to the Town.
B. This Article shall become effective January 1, 2008.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting taxation on goods-in-transit 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.
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SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of the Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in the Ordinance records of the Town and to properly record
this Ordinance in accordance with the Town Charter.
SECTION 6.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 19th day of November, 2007.
_______________________________
Mayor, Nick Sanders
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
_______________________________
Town Attorney
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-3-2007
Subject: Agenda Item No.D.2
Discuss and take appropriate action regarding a Final Plat Approval
Request from Carter & Burgess, Inc. on behalf of 831 Trophy LP, The
Highlands at Trophy Club Neighborhood 9, Lots 1-32, Block A, and Lots 1-
14, Block B (18.368 acres) (FP-07-024)
A. Discuss and take appropriate action regarding the approval of the
Subdivider's Agreement for an 18.368 acre tract of land known as
The Highlands at Trophy Club Neighborhood 9.
OWNER/DEVELOPER: 831 Trophy, L.P.
3901 W. Airport Freeway, Suite 200
Bedford, Texas 76021
ENGINEER/LAND PLANNER: Jacobs Carter Burgess, Inc.
7950 Elmbrook Drive
Dallas, Texas 75247
SUMMARY: This property is part of the 696.6 tract of land rezoned and approved as
PD-27 by the Town Council in May, 2006. A preliminary plat for Neighborhood 9,
consisting of 19.230 acres and 44 lots was recommended for approval by the Planning
& Zoning Commission on January 4, 2007 and approved by the Town Council on
January 22, 2007. PD-27 was amended in April 2007, allowing 46 lots in Neighborhood
9. The final plat for Neighborhood 9 consists of 46 lots and 18.368 acres.
Planned Development No. 27 (PD-27) as approved by the Town Council in April 2007
allows 46 lots in Neighborhood 9. All lots must be “Lot Type 1” which requires each lot
to be not less than 12,000 sq. ft. unless abutting the golf course, which shall require the
lot to be an additional minimum 1,000 sq. ft. in size. None of the lots in Neighborhood 9
abut the golf course.
SETBACKS:
Front Yard: 25 feet minimum
Rear Yard: 25 feet minimum
No rear yard shall face any street without approval from the
Planning and Zoning Commission. Neighborhood 9 has three lots
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(16, 17 and 18) in Block A where the rear yard (or portions of the
rear yard) will face Parkview Dr.
Side Yard: 10 feet minimum
Provided that the distance between buildings and structures on
contiguous lots remains a minimum 20 feet, the width of the side
yard on one side may be reduced to not less than 5-ft.
Side Yard Adjacent to Street: 20 feet minimum
Lot Width: 90 feet minimum
Lot Width Adjacent to Side Street: 100 feet minimum
Lot Depth: 110 feet minimum
Lot Depth (corner or cul-de-sac lot): 100 feet minimum
Garage: May not face front street unless set back at least 30-ft. from front
building line; may not face side street unless set back 50-ft. from
side street right-of-way.
FENCING, RETAINING WALLS AND SCREENING:
Lots 1 and 32, Block A, and Lots 1 and 14, Block B are corner lots on Trophy Club
Drive. The developer will install 6-ft. stone and brick masonry walls with entry features
along Trophy Club Drive.
In Block A, Lots 1 to 4 border the future “Municipal and Village Center.” Lots 5, 6, and 7
border a future park area. Lots 7 to 16 border the Community Pool, which is zoned CR
– Commercial Recreation. (Lot 7 borders both the Community Pool and a future park
area.) The developer will build a 6-ft. masonry product wall along Lots 1-16, Block A.
An opening will be provided between Lots 6 and 7 to accommodate a 30’ft. drainage
and access easement and an 8-ft. sidewalk down the middle of the easement will give
residents access from this neighborhood to the Recreation Center and future parkland.
This meets or exceeds PD-27 regulations and Town of Trophy Club fencing
requirements.
Lots 16, 17, and 18, Block A, back up to Parkview Drive. A masonry screening wall is
required along the rear of these lots and sidewalks that adhere to the Town of Trophy
Club Trail System are required. The developer is planning to install a 6-ft. masonry wall
along the rear of these lots, and the developer will provide a 6-ft. sidewalk along
Parkview Drive which adheres to the trail system plan. These meet the requirements of
PD-27, the Town of Trophy Club regulations, and the trail system plan.
Lot 24, Block A, and Lot 8, Block B are corner lots that may have fencing facing side
streets. PD-27 requires that fencing on corner lots facing side streets shall be
enhanced wood fences (board-on-board or other design, with a top cap). All enhanced
fencing within any neighborhood shall be consistent.
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The remaining lots in Neighborhood 9 are back-to-back residential and must comply
with Section 35 of the Town of Trophy Club Zoning Ordinance.
TRAFFIC IMPACT ANALYSIS: Offsite traffic improvements are triggered at different
stages of the development of The Highlands at Trophy Club. The development is
divided into three “stages”: Stage I – 741 platted lots
Stage II – 485 platted lots
Stage III – 338 platted lots
This plat will bring the total platted lots to 238; representing 32% of Stage I. Offsite
traffic improvements are not triggered by this plat.
PLANNING & ZONING COMMISSION RECOMMENDATION: The Planning & Zoning
Commission considered this request on November 15 and recommended approval.
STAFF REVIEW AND RECOMMENDATION: Staff and Town Engineer, Tom Rutledge,
have reviewed the plat and determined that it complies with the Comprehensive Zoning
Ordinance, Subdivision Regulations, PD-27 Regulations and Comprehensive Land Use
Plan. Staff recommends approval.
Attachments: Application
Traffic Impact Memo from Jacobs Carter Burgess
Site Development Plan
PD-27 Lot Type 1 Regulations
Excerpt from Planning & Zoning Commission Minutes
Plat
Subdivider’s Agreement
42
43
44
45
46
47
PLANNING AND ZONING COMMISSION MEETING MINUTES
NOVEMBER 15, 2007
Chairman Hill introduced the item and asked staff and the Town Engineer if there were
additional comments. There were none and the Chairman called for questions from the
Commissioners.
Commissioner Sheridan stated that this neighborhood is bordered on the north by the
Recreation Center. He asked who would be responsible for any significant fencing. Will
a masonry wall be required? Krisha Brooks, Jacobs Carter Burgess, replied that the
developer would be putting in screening according to the PD. [Ms. Huggins will provide
more detail in the staff report to Council.]
Commissioner Sheridan stated that there appears to be a significant drainage ditch
along the north side of Lots 1 through 6. Does it abut Neighborhood 9? When it hits
Trophy Club Drive is it going underground? Ms. Brooks stated that it does not abut
Neighborhood 9. On the plat she pointed out where the drainage from the ditch would
flow.
There were no further questions and the Chairman called for a motion.
Commission Reed made a motion to recommend approval of the final plat of
Neighborhood 9. The motion was seconded by Commissioner Forest.
Ayes: Hill, Reed, Sanchez, Forest, Sheridan
(Stephens and Ashby were not in attendance – excused absence)
Nays: None
Action: 5-0, Approved
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49
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THE HIGHLANDS AT TROPHY CLUB NEIGHBORHOOD 9
SUBDIVIDER'S AGREEMENT
An AGREEMENT between the Town of Trophy Club, Texas (hereinafter referred
to as the "TOWN") and BDMR Development, LLC acting by and through its duly
authorized representative (hereinafter referred to as the "DEVELOPER"), for the
installation of public improvements and facilities within the TOWN limits of Trophy Club,
Texas, for Neighborhood 9 of The Highlands at Trophy Club, more particularly
described as a tract of land consisting of approximately 18.368 acres of land,
hereinafter being referred to collectively as the "PROJECT," and such public
improvements being more particularly described in Section II of this AGREEMENT. It is
understood by and between the parties that this AGREEMENT is applicable to the lot(s)
contained within the Final Plat as presented to TOWN Staff on November 15, 2007 and
to the offsite improvements necessary to support the PROJECT, more particularly
described in Section II of this AGREEMENT. It is further agreed that this
AGREEMENT, when properly signed and executed, shall satisfy the requirements of the
TOWN’S Subdivision Regulations.
I. GENERAL REQUIREMENTS
A. It is agreed and understood by the parties hereto that the DEVELOPER has
employed a registered public surveyor licensed to practice in the State of
Texas to prepare a final plat of the PROJECT.
The Project is planned to be platted for Single Family Residential together
with allowed incidental and accessory uses. The Project received
preliminary plat approval from the Town on January 22, 2007.
B. It is agreed and understood by the parties hereto that the DEVELOPER has
employed a civil engineer licensed to practice in the State of Texas for the design and
preparation of the plans and specifications for the construction of all public
improvements and facilities described in Section II and covered by this AGREEMENT.
Unless otherwise specified herein, such plans and specifications shall be in accordance
with the TOWN’S "Design Standards for Paving, Drainage and Utility Improvements"
and the North Central Texas Council of Governments’ (NCTCOG) Standard
Specifications for Public Works Construction, as presently adopted.
C. The DEVELOPER will award its own construction contract for the
construction of all PROJECT street, sanitary sewer, and other drainage
public improvements and facilities for the completion of the Project. The
DEVELOPER agrees to employ a construction contractor(s) who is approved
by the TOWN, said contractor(s) to meet TOWN and statutory requirements
for being insured, licensed and bonded to perform work in public rights-of-
way and to be qualified in all respects to bid on public streets and public
projects of a similar nature. The DEVELOPER agrees to submit contract
51
documents to the TOWN and participate in a pre-construction meeting with
the TOWN and all Developer contractors.
D. Prior to the execution of this Agreement, the commencement of construction,
the filing of the Final Plat, or the issuance of any building permits, the
DEVELOPER shall present to the TOWN a performance bond(s), payment
bond(s) and maintenance bond(s), meeting the requirements of Chapter
2253 of the Texas Government Code. Each bond shall individually
guarantee and agree to pay an amount equal to one hundred percent
(100%) of the value of the construction costs (as determined by the TOWN
Engineer) for all public improvements and facilities to be constructed by or on
behalf of the Developer for the Project. Any surety company through which a
bond is written shall be a surety company duly authorized to do business in
the State of Texas, provided that the TOWN, through the Town Attorney,
shall retain the right to reject any surety company as a surety for any work
under this or any other SUBDIVIDER’S AGREEMENT regardless of such
Company’s authorization to do business in Texas. Approvals by the TOWN
shall not be unreasonably withheld or delayed.
1) As an alternative to providing a surety bond for performance and a surety
bond for maintenance as specified hereinabove, Developer may provide
financial assurances for performance and maintenance in the form of a
cash deposit, a certificate of deposit, or irrevocable letter of credit.
Provided however, that such alternative financial assurances shall only be
allowed if each meets all requirements specified in Section 7.2 of the
Town of Trophy Club Subdivision Regulations. All such alternative
financial assurances must be on forms approved by the Town Attorney.
2) As an alternative to the Developer providing a performance bond,
payment bond, and maintenance bond, as specified above, Developer
may provide financial assurances for performance, payment and
maintenance from a single general contractor for the Project, provided
that such assurances meet all other requirements specified hereinabove
and the Town is named as a dual obligee on each such bond.
Additionally, such alternative financial assurances shall only be allowed if
each meets all requirements specified in Section 7.2 of the Town of
Trophy Club Subdivision Regulations. All such alternative financial
assurances must be on forms approved by the Town Attorney.
E. The performance bond(s) shall be submitted in statutory form guaranteeing
the full and faithful completion of the facilities and improvements required
under this Agreement for completion of the PROJECT to the TOWN and
provide for payment to the TOWN of such amounts up to the total remaining
amounts required for the completion of the PROJECT if the work is not
completed as required hereunder.
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F. The payment bond(s) shall be submitted in statutory form guaranteeing
payment of all labor and material costs of the Project and shall be furnished
solely for the protection of all claimants supplying labor and material in the
performance of the work provided for under this AGREEMENT. The
maintenance bond(s) shall guarantee the payment of any and all necessary
maintenance of the Project for a period of two (2) years following acceptance
of the public improvements and facilities by the TOWN, in an amount equal
to one hundred (100%) percent of the value of the construction costs of all
the public improvements and facilities to be constructed under this
Agreement in respect to the Project.
G. Any guarantee of performance, maintenance, or payment instrument (e.g.,
performance bond, payment bond, maintenance bond, letters of credit,
and/or cash deposit or the like) (individually a “Guarantee” or collectively the
“Guarantees”) submitted by or through the DEVELOPER on a form other
than the one which has been previously approved by the TOWN as
"acceptable" shall be submitted to the Town Attorney at the DEVELOPER'S
expense, and construction of the Project shall not commence until the Town
Attorney has approved such Guarantees. Approval by the TOWN (and the
Town Attorney) shall not be unreasonably withheld or delayed. All such
Guarantees shall be maintained in full force and effect until such time as the
DEVELOPER has fully complied with the terms and conditions of this
AGREEMENT as agreed to in writing by the TOWN, and failure to keep
same in force and effect shall constitute a breach of this AGREEMENT.
Failure to maintain performance and payment Guarantees meeting the
requirements of this AGREEMENT shall result in a stop work order being
issued by the Town. Additionally, all Guarantees furnished hereunder which
expire prior to the completion of construction or applicable warranty periods
shall be renewed in amounts designated by the TOWN and shall be
delivered to the TOWN and approved by the TOWN on or before the tenth
(10th) banking day before the date of expiration of any then existing
Guarantee. If the DEVELOPER fails to deliver any Guarantee to the TOWN
within the time prescribed herein, such failure shall constitute a breach of this
AGREEMENT and shall be a basis for the TOWN to draw on all or any
portion of any existing Guarantee in addition to any or all other remedies
available to the TOWN. The DEVELOPER further agrees to release and
forever hold the TOWN harmless from any losses, damages and/or
expenses incurred by the DEVELOPER for any delays due to the TOWN'S
review of any Guarantee which is in a form other than one which has been
previously approved by the TOWN. The TOWN requires the DEVELOPER
to have all Guarantee forms approved prior to the commencement of work
and construction of improvements.
H. It is further agreed and understood by the parties hereto that upon
acceptance thereof by the TOWN of all public improvements and facilities as
described in Section II of this Agreement, title to all such improvements and
53
facilities shall be vested in the TOWN, and the DEVELOPER hereby
relinquishes any right, title, or interest in and to such improvements and
facilities or any part thereof. It is further understood and agreed that until the
TOWN accepts such improvements and facilities, the TOWN shall have no
liability or responsibility with respect thereto. Acceptance of the
improvements and facilities shall occur at such time as the TOWN, through
its TOWN Engineer, provides the DEVELOPER with a written
acknowledgment that all improvements and facilities are complete, have
been inspected and approved and are being accepted by the TOWN.
I. The DEVELOPER’S Engineer has prepared detailed estimates of
$777,512.58 and the TOWN Engineer has approved an estimate of
777,512.58 for the cost of public improvements and facilities for this Project.
The detailed cost estimates are a part of this AGREEMENT and are attached
hereto as "Attachment A" and incorporated herein. The TOWN shall not
accept any construction improvements outside of the Project and the two (2)
year warranty for such improvements shall not commence until all
construction activities are completed and accepted by the TOWN.
J. Upon TOWN’S approval and acceptance of the final plat and the engineering
plans, the final plat will be recorded with the County Clerk of Denton County.
No building permits will be issued in for any lots on/in the Project until the
final plat is filed and the public improvements and facilities specified herein
are completed and accepted by the TOWN.
K. The DEVELOPER, DEVELOPER'S contractors (prime, general and major
subcontractors) and TOWN, as well as any other third party deemed
necessary by the Town, shall participate in a pre-construction conference
prior to the initiation of any work. At or prior to the pre-construction meeting,
Developer shall provide the TOWN with the following documents: 1) Two (2)
copies of all executed construction contracts; 2) List of all
contractors/subcontractors and their project assignments; 3) Five (5) sets
(and additional sets as necessary for any contractors) of approved
construction plans and specifications. This list of contractors/subcontractors
shall be updated within seven days of any changes. The DEVELOPER
agrees to give the TOWN at least twenty-four (24) hours prior written notice
of his/her intent to commence construction of all public improvements and
facilities, so that the TOWN, if it so desires, may have its representatives
available to inspect the beginning and continuing progress of all work.
Developer shall submit all documentation evidencing that each of the
Guarantees required under this Agreement have been provided and all
required insurance has been obtained prior to the pre-construction meeting.
L. The DEVELOPER agrees to notify all contractors and subcontractors
working on the PROJECT that all their work is subject to inspection by a
TOWN Inspector at any time, and that such inspection may require a
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certification by the contractors and subcontractors of the type, kind, and
quality of materials used on the PROJECT.
M. Should any work or construction of improvements or facilities on the
PROJECT which has not been contemplated in the current construction
documents (plans and specifications), the plat, or this AGREEMENT,
become necessary due to site conditions, then the DEVELOPER shall be
required to contact in writing (with a copy to the TOWN of Trophy Club), with
the TOWN Engineer to determine how such work or construction should
progress. The DEVELOPER further agrees to follow all reasonable
recommendations and requirements imposed by the TOWN Engineer in such
instance. (Addresses for points of contact are as follows:)
Town of Trophy Club Teague, Nall & Perkins
Mr. Brandon Emmons, Town
Manager
Mr. Tom Rutledge, Town Engineer
100 Municipal Drive 1100 Macon Street
Trophy Club, Texas 76262 Fort Worth, Texas 76102
Phone: 682/831-4600 Phone: 817.336.5773
Fax: 817.490.0705 Fax: 817.336.2813
Email:
bemmons@ci.trophyclub.tx.us
Email: trutledge@tnp-online.com
N. The DEVELOPER agrees to cause all work and construction of
improvements and facilities to be stopped upon twenty-four (24) hour
notification from the TOWN Engineer of nonconforming improvements,
including the materials used and the methods of installation. The
DEVELOPER further agrees to correct all nonconformities in accordance
with the TOWN Engineer’s instructions.
O. The DEVELOPER is encouraged not to convey title of any lots of the
PROJECT, until all construction in respect to the PROJECT required in
Section II is complete and the TOWN has approved and accepted the work
and improvements in respect thereof. The DEVELOPER understands that
the TOWN will issue no building permits for improvements on any lot in the
Project until all public improvements and facilities in respect to the Project
are completed in accordance with this Agreement. Further, DEVELOPER
agrees to inform all persons or entities purchasing the lots or any interest in
the lots that TOWN will not issue any building permits until all public
improvements and facilities are completed in accordance with this
Agreement.
P. After completion and prior to acceptance of all work, the DEVELOPER must
furnish to the TOWN an affidavit of all bills paid.
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Q. Developer is responsible for maintenance of all common areas.
II. PUBLIC IMPROVEMENTS AND FACILITIES TO BE CONSTRUCTED
A. The following public improvements and facilities are to be constructed and
completed in accordance with the approved plans and specifications as
described in Attachment “B”:
1) Streets.
2) Drainage and Storm Sewer.
3) Sewer.
4) Water Distribution System.
5) Landscaping.
6) Fences/Walls/Retaining Walls.
7) Signs.
8) Driveways and Walkways.
9) Lights
10) Common Area
B. Other.
1. Bench marks to be located as shown on the approved plans.
2. Upon completion, three (3) sets of as-builts/record drawings and one (1)
set of reproducible (Mylar) drawings shall be submitted to the TOWN
within two (2) months following the acceptance of the public
improvements and facilities.
3. Testing
The Developer shall provide all geotechnical and materials tests required
by the TOWN Engineer and TOWN Inspector at the DEVELOPER’S cost
in accordance with Section 7.03 of Article 7, Chapter 12 of the Town’s
Code of Ordinances. Such tests shall be conducted by an independent
laboratory acceptable to the Town.
4. Permits
The DEVELOPER will pay a Community Facilities inspection fee in the
amount of $38,875.63 (5% of $777,512.58) to cover the cost of TOWN
inspection fees as related to the construction of the Project. The
Developers may be obligated to pay other TOWN fees as set forth in the
TOWN’S Schedule of Fees, as may be amended from time to time. The
DEVELOPER will be responsible for obtaining any other permits which
may be required by other federal, state or local authorities.
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5. Planned Development District No. 27.
Developer shall construct and maintain all improvements in accordance
with the TOWN approved Planned Development District No. 27 and all
TOWN approved amendments thereto.
III. GENERAL PROVISIONS
A. The DEVELOPER agrees to furnish and maintain at all times prior to the
TOWN’S final acceptance of the public improvements and community
facilities for the Project, an owners protective liability insurance policy naming
the TOWN as insured for property damage and bodily injury in the amounts.
Coverage shall be on an “occurrence” basis and shall be issued with a
combined bodily injury and property damage minimum limit of $600,000 per
occurrence and $1,000,000 aggregate.
B. Exclusive venue of any action brought hereunder shall be in Denton, Denton
County, Texas.
C. Approval by the TOWN Engineer of any plans, designs or specifications
submitted by the DEVELOPER pursuant to this AGREEMENT shall not
constitute or be deemed to be a release of the responsibility and liability of
the DEVELOPER, his engineer, employees, officers or agents with respect to
the construction of any of the PROJECT’S improvements or facilities, or for
the accuracy and competency of the PROJECT’S improvements and
facilities design and specifications prepared by the DEVELOPER'S
consulting engineer, his officers, agents, servants or employees, it being the
intent of the parties that the approval by the TOWN Engineer signifies the
TOWN'S approval on only the general design concept of the improvements
and facilities to be constructed. The DEVELOPER shall release, indemnify,
defend and hold harmless the TOWN, its officers, agents, servants and
employees, from any demands, actions, causes of action, obligations, loss,
damage, liability or expense, including attorneys fees and expenses, on
account of or with respect to damage to property and injuries, including
death, to any and all persons which may arise out of or result from any
defect, deficiency or negligence in the construction of the PROJECT’S public
improvements and facilities or with respect to the DEVELOPER'S Engineer’s
designs and specifications incorporated into any improvements and facilities
constructed in accordance therewith, and the DEVELOPER shall defend at
his own expense any suits or other proceedings brought against the TOWN,
its officers, agents, servants or employees, or any of them, on account
thereof, and pay all expenses and satisfy all judgments which may be
incurred or rendered against them or any of them in connection herewith. All
responsibility and liability for drainage to adjacent and downstream properties
from development of this PROJECT will accrue to the DEVELOPER.
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D. Liability for construction. The DEVELOPER, its successors, permittees,
permitted assigns, vendors, grantees and/or trustees do hereby fully release
and agree to indemnify, hold harmless and defend the TOWN, its officers,
agents, servants and employees from all losses, damage liabilities, claims,
obligations, penalties, charges, costs or expenses of any nature whatsoever,
for property damage, personal injury or death, resulting from or in any way
connected with this contract or the construction of the improvements or
facilities or the failure to safeguard construction work, or any other act or
omission of the DEVELOPER or its contractors or subcontractors, their
officers, agents, servants or employees related thereto.
E. Final Acceptance of Infrastructure. The TOWN will not issue a Letter of
Acceptance until all public facilities and improvements are completely
constructed (Final Completion) to the satisfaction of the TOWN Engineer or
his agent. However, upon Substantial Completion, a “punch list” of
outstanding items shall be presented to the Developer’s contractor(s)
indicating those outstanding items and their deficiencies that need to be
addressed for Final Completion of the Improvements.
F. Neither this Agreement nor any part hereof or any interests, rights, or
obligations herein, shall not be assigned by the DEVELOPER without the
express written consent of the TOWN Council.
G. All work performed under this AGREEMENT shall be completed within
eighteen months from the date hereof. In the event the work is not
completed within the eighteen (18) month period, the TOWN may, at its sole
election, draw down or otherwise exercise it rights under or with respect to
any Guarantee provided by the DEVELOPER and complete such work at
DEVELOPER'S expense; provided, however, that if the construction under
this AGREEMENT shall have started within the eighteen (18) month period,
the TOWN may agree to renew the AGREEMENT with such renewed
AGREEMENT to be in writing and in compliance with the TOWN policies in
effect at that time. Notwithstanding the foregoing, in the event that the
performance by either party of any of its’ obligations or undertakings
hereunder shall be interrupted or delayed by any occurrence and not
occasioned by the conduct of either party hereto, whether such occurrence
be an act of God or the common enemy or the result of war, riot, civil
commotion, or sovereign conduct, then upon written notice of such
occurrence, such party shall be excused from performance for a period of
time as is reasonably necessary after such occurrence to remedy the effects
thereof, and each party shall bear the cost of any expense it may incur due to
the occurrence.
H. This Subdivider's AGREEMENT shall be construed in accordance with the
Town of Trophy Club, Texas Subdivision Regulations and all other applicable
ordinances. Any conflicts between the provisions of this Subdivider’s
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AGREEMENT, the TOWN'S Subdivision Regulations, Town Ordinances, and
State and Federal law, shall be construed in favor of the Town’s ordinance(s)
as allowed by law, subject to Chapter 245 of the Local Government Code.
To the extent that any such conflict exists, only that portion of the
Subdivider’s AGREEMENT which is in conflict shall be severable from the
other provisions of the AGREEMENT, and such conflict shall in no manner
affect the validity or enforceability of the remaining provisions.
I. All rights, remedies and privileges permitted or available to the TOWN under
this AGREEMENT or at law or equity shall be cumulative and not alternative,
and election of any such right, remedy or privilege shall not constitute a
waiver or exclusive election of rights, remedies or privileges with respect to
any other permitted or available right, remedy or privilege. Additionally, one
instance of forbearance by the Town in the enforcement of any such right,
remedy or privilege, shall not constitute a waiver of such right, remedy or
privilege by the Town. A default under this Agreement by the TOWN shall
not result in a forfeiture of any rights, remedies, or privileges under this
Agreement by the TOWN.
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SIGNED AND EFFECTIVE on the date last set forth below.
DEVELOPER:
By:
Date:
By:
Project Manager
Date:
TOWN OF TROPHY CLUB:
By:
Mayor, Town of Trophy Club
ATTEST:
___________________________
Town Secretary, Town of Trophy Club
Date: ______________________
APPROVED AS TO FORM:
____________________________
Town Attorney, Town of Trophy Club
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-3-2007
Subject: Agenda Item No.D.3
Discuss and take appropriate action regarding a request for approval of a
Preliminary Plat from Carter & Burgess, Inc. for Canterbury Hills, Phase 1 &
2 and Waters Edge at Hogan's Glen, Phase 2 & 3, a total of 232 Lots (127.88
acres) (PP-07-016).
OWNER/DEVELOPER: BDMR Development, L.L.C.
3901 W. Airport Freeway, Suite 200
Bedford, TX 76021
ENGINEER/LAND PLANNER: Jacobs Carter Burgess
7950 Elmbrook Drive
Dallas, TX 75247
EXISTING CONDITION OF THE PROPERTY:
R-15 Zoning (minimum 15,000 sq. ft. lots):
Canterbury Hills, Phase 1, Lots 1-4, Block H (Hershey Lane)
Canterbury Hills, Phase 2, Lots 53-57, Block A and Lots 9-11, Block E
The applicant must realign Lots 9-10, Block E and Lot 53, Block A so that dual
zoning (R-12 and R-15) does not occur on these lots. The zoning and lot
alignment must match up or the applicant must rezone prior to final plat approval.
R-12 Zoning (minimum 12,000 sq. ft. lots):
Canterbury Hills, Phase 1 and 2, a total of 154 lots
The R-12 and R-15 property of Canterbury Hills is located west of Eagle’s Ridge.
Skyline Drive will be extended to provide access to these areas. The property runs
southwest to angle around the Corps of Engineers property to the north and the golf
course property to the south. This property borders the eastern side of the golf
maintenance facility and wraps to the north of the wastewater treatment plant.
Planned Development No. 22 (PD-22) (minimum 15,000 sq. ft. lots):
Waters Edge at Hogan’s Glen, 66 Lots
The Planned Development No. 22 property of Waters Edge at Hogan’s Glen is a
continuation of Hogan’s Drive from Phase 1 of this PD.
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PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and
Zoning Commission considered this request on November 15 and recommended
approval with the stipulation that the public and private areas of the land covered in
these plats be separated when submitted as final plats.
Minutes from that meeting are as follows:
Planning and Zoning Commission Meeting Minutes
November 15, 2007
Jaison Stephen, Jacobs Carter Burgess, came forward to request approval of this preliminary
plat.
Mr. Rutledge, Town Engineer, stated that all outstanding comments have been addressed.
Chairman Hill asked the applicant to explain the side setbacks and minimum square footage of
the lots and homes in Canterbury Hills, Phase 2. Mr. Stephen responded that the side setbacks
are 10-ft. and the minimum square footage of the homes will be 3,500 sq. ft.
The Chairman stated that Indian Creek Dr. is shown as a 60-ft. right-of-way and he asked if that
is considered to be a major collector road or will it be completed as a loop road segment or
minor collector road? Mr. Stephen responded that as it goes into the Phase 2 portion it is going
to be a residential roadway with 50-ft. right-of-way. Chairman Hill stated that there is a stub of
right-of-way dedication identified as Street A and he asked what that is intended to be. Mr.
Stephen responded that it is the future extension of the loop road that could connect to Trophy
Club Drive. Chairman Hill asked where the road would cross the Corps of Engineers property.
Mr. Stephen showed a possible crossing on the map exhibit, but stated that the Town is
studying the alignment. Chairman Hill asked if they are working with the Corps of Engineers for
a crossing. Mehrdad Moayedi stated that they are not working with the Corps of Engineers. He
explained that the Town Staff, not the developer, is dealing with the possibility of obtaining
permission from the Corps.
Mayor Nick Sanders stated that the Town Manager, Brandon Emmons, has had two meetings
with the Corps of Engineers. The Mayor did not attend those meetings, but through discussion
with Brandon he related that initially the Corps was considering a land swap where the Corps
would give the Town easement across the area to the west of this plat if the Town gave the
Corps the same square footage acreage somewhere else. He stated that the flowage
easement to the north of the PID has land adjacent to the Corps property and might provide an
opportunity for a land swap. Chairman Hill asked if that was land north of Neighborhoods 1 and
5. The Mayor responded that it might be somewhere in there although a particular spot has not
been identified. There is not a commitment between the Corps and the Town, but the Town is
trying to protect the possibility that hopefully a crossing could be done someday.
Chairman Hill asked if there is 60-ft. between the south boundary of the treatment plant and the
golf course property to continue that road. Mr. Moayedi responded that the property in question
does not belong to him. It belongs to Mr. Beck.
Chairman Hill stated that there is a 20-ft wide tree conservation area at the back of Lots 1-6. He
asked if that is permanent and asked how it could be enforced once these are private property.
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Mr. Moayedi stated that he could make it part of the deed but that doesn’t guarantee that they
won’t cut them down. Steve Lenart, Lenart Development, explained that the easement came
about during conversations with staff. As the golf course maintenance facility was platted, there
were promises made by the previous owner which were not binding on Centurion. However,
Centurion offered a 20-ft. tree barrier on the backyards. An easement on the plat gives the
Town permitting control over what is built back there.
Commissioner Reed asked if the loop road will end up being a two lane residential street.
Jaison Stephen stated that Indian Creek Drive will be a 60-ft. right-of-way up to where the loop
road would connect across Corps property.
Mr. Sheridan stated that a Town map at one time showed the loop road as a loop road. This
plat design gets away from that loop aspect. Mr. Moayedi responded that the access given on
the south side of the golf maintenance facility and treatment plant may be the best opportunity
of getting the road across the Corps property based on the latest meetings with the Town and
the Corps. Mr. Sheridan stated that as a short-time resident of Trophy Club; he has been here
since 1996; Indian Creek and Trophy Club Drive are a 4-lane major collector loop road and
have always been that way. It was a concept. Why isn’t the loop road addressed in staff
comments?
Ms. Huggins responded that it is not addressed because at the moment the Town does not
have a solution. The Corps has refused to allow the Town access to the north. That is no
longer a possibility which is why the applicant has brought forward a cul-de-sac to the north.
Staff agreed to that because the issue of access through the Corps property to the north is a
dead issue.
Mr. Sheridan responded that then the Town is boxed into not having a loop road. Ms. Huggins
explained that the Town hopes to gain access across the Corps property to the south of the
treatment plant and golf maintenance facility, but at this point permission has not been obtained.
Also, the Corps has limited the type of road that can cross their property. A four lane
thoroughfare will not be allowed. Mr. Sheridan asked how long has this information been
known? Ms. Huggins responded that it is an on-going discussion. Mr. Sheridan stated that it
was not that long ago that the golf maintenance facility was approved and the road to the north
was a possibility at that point. Ms. Huggins responded that it was just six months ago that the
Planning & Zoning Commission and Town Council approved the golf maintenance facility and at
that point staff thought that the loop road to the north was still a possibility. Some of this new
information has just come forward in the last two weeks and staff now knows that taking the
loop road to the north is not a possibility. Taking the road to the south of the two facilities might
be a possibility but there are still a lot of issues to be dealt with regarding permission from the
Corps of Engineers. Staff is hoping to keep the possibility of a loop road open in some way.
Commissioner Sheridan asked if this is a gated community. Ms. Huggins responded that
portions of it are private. Jaison Stephen with Jacobs Carter Burgess stated that the portion
that is in PD-22 is gated and private. Mr. Sheridan asked if it is shown on the plat. Ms. Huggins
responded that it is not on the preliminary plat.
Regarding the tree conservation area, Commissioner Sheridan suggested it might be more
sensible to take that area out of the lot and ask for a waiver on the size of the remaining lot.
Chairman Hill asked what will confine the waters within the flood plain and stabilize the banks
on the sides of the channel for Lots 35 to 40, Block A of Canterbury Hills, Phase 2, as well as
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Lots 1-4, Block N of Waters Edge at Hogans Glen Phase 3. Jaison Stephen responded that
they did a flood study and calculated to what elevation the water would come up into a natural
channel and that is designated on the plat. Chairman Hill asked what will stabilize the banks of
that channel behind Lots 35-37. Mr. Stephen stated that they have not planned any stabilization
area. He stated that the way it is planned it should not affect anything out there. Chairman Hill
responded that the Town had a demonstration this year of what can happen on a 100-yr flood
on the north side of the Quorum Apartments and he is concerned for these lots backing up to
this channel. The Chairman asked how the water will cross Dover Lane. Mr. Stephen stated
that there is a box culvert. Mr. Stephen stated that the area further to the south next to Lots 1-4,
Block N of Hogans Glen will have adequate erosion control and stabilization. Mr. Lenart also
explained that there will be irrigation behind the curb and lots to have as much of a park-like
setting as possible. It is irrigated up to the banks of the creek. With the Corps, the creek cannot
be touched, but the developer stated that they will try to finish it out with irrigation, sod, trees,
etc., to make it as nice of an area as possible.
Chairman Hill stated that there is considerable tree cover in portions of Waters Edge and
Hogans Glen and he asked what the preservation plan is for the woods. Mr. Stephen
responded that they are planning to cut in the streets and leave each lot up to the individual
builder. Mr. Moayedi added that these are custom lots. The preservation of the trees will be up
to the builder who purchases the lot.
Chairman Hill asked if the 50-ft. wide underground box culvert at Asheville Lane will tend to
pond water in the drainage area or will it be sufficient to carry all the water underground. Mr.
Stephen stated that it will be sufficient.
Chairman Hill also pointed out a road width inconsistency on the plat. It appears that Indian
Creek is 100-ft. wide and then just west of Fair Green Drive it narrows to a 60-ft. right-of-way.
Mr. Stephen believes that is a graphical error on the plat. Staff and the applicant will check to
see if this is an inconsistency or a mapping error. [The next day it was found to be a mapping
error and has been corrected on the plat that will be taken to Council.]
There were no further comments from Staff or Town Engineer, Mr. Rutledge. There was one
request from Dianne Ziegler, 10 Stephen Ct., to speak, but she withdrew her request stating that
her questions had been answered.
Commissioner Sheridan made a motion to table this request and have staff separate out the two
plats – one for a private neighborhood and one for a public neighborhood. He requested that
staff work with the applicant to revise the public plat to accommodate for the possibility of a
completed loop road. He stated that he doesn’t blame the applicant as he has been guided by
the Town in that there is a ways to go with the Corps, but he stated that he can’t vote for
blocking off the possibility of a loop road.
Mr. Moayedi said that they really need a vote tonight as they have customers waiting and they
have worked with staff going through this numerous times. Mr. Sheridan stated that he would
take back his motion, but he would then be voting against rather than for tabling the case.
Assistant Town Manager, Stephen Seidel, stated that access across the Corps property to the
north of the treatment plant has been denied by the Corps of Engineers. It is an
environmentally sensitive area and they will not grant us access to it. They have told us not
now and not 50 years from now. The next possible way for a loop road to connect to Trophy
Club Drive is where the stub is shown which was added by Mr. Moayedi and Jacobs Carter
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Burgess at the request of staff. Staff still has significant work to do with the Corps in order to
secure portions that we want to cross.
Mr. Sheridan expressed several concerns including whether or not we would be able to have
60-ft. of right-of-way across the Corps property to allow a 4-lane undivided road. Mr. Rutledge
indicated that there is 41-ft. provided which is not enough to allow a 4-lane undivided road. Mr.
Sheridan also wished to see the plat separated into public and private. “When we looked at
Hogans Glen originally we were very concerned about the security; the separation. We have no
conversation here as to what is and what isn’t. I see a couple of catchfalls later down the road if
we combine the two. Especially when the Town stops maintaining a certain area and the
citizens are going to have to pay through their homeowners fee.”
Commissioner Sheridan made a motion to recommend approval to the Town Council for the
preliminary plats of Canterbury Hills, Phase 1 & 2, and Waters Edge at Hogan’s Glen, Phase 2
& 3 with the stipulation that the public and private areas of the land covered in these plats be
separated when submitted as final plats. Commissioner Reed seconded the motion.
Ayes: Hill, Reed, Sanchez, Sheridan, Forest
(Commissioners Stephens and Ashby were absent)
Action: 5-0, Approved
STAFF REVIEW: When final platting of this property is brought forward the plats will be
split into public (straight zoning R-12 and R-15) and private (PD-22). Additional
reconfiguration of lots may occur as the applicant is required to provide Parkland
Dedication at final platting stage.
The applicant has provided access off of Indian Creek Road for possible future
connection to Trophy Club Drive on the west side of the Corps of Engineers property
east of future Neighborhood 6. Staff is working with the Corps of Engineers to gain
permission to cross Corps property in order to connect the Town on the east and west
sides of the Corps property.
At staff’s request, a 20-ft. tree conservation easement was added at the rear of Lots 1-6,
Canterbury Hills, which are the lots to the east of the golf maintenance facility. Staff
requested this easement so that the developer could not clear cut the lots. We wanted
to give the future homeowners a buffer from the maintenance facility on the other side of
the property line at the rear of these lots.
STAFF RECOMMENDATION: Preliminary construction plans have been reviewed and
approved by Mr. Rutledge, Town Engineer. The plats will be separated into public and
private areas at final platting. Staff recommends approval of the Preliminary Plats of
Canterbury Hills, Phase 1 & 2 and Waters Edge at Hogan’s Glen (Phase 2 & 3).
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Attachments: Applications
Plats
Phase Map showing location of Canterbury Hills and Waters Edge in
relation to The Highlands as well as existing homes within the Town.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-3-2007
Subject: Agenda Item No.D.4
Discuss and provide direction to staff regarding traffic, safety concerns,
and speed limit on Skyline Drive.
EXPLANATION:
In August 2003 the Trophy Club Police Department conducted a traffic study at Skyline
Drive and Indian Creek Drive. The results of the study showed an average vehicular
speed of 29 MPH. There were several vehicles observed traveling in excess of 30
MPH, with the highest being 36 MPH. The lowest speed observed during the study was
19 MPH.
In addition to this study, information from BADGE provides a historical breakdown of
traffic incidents in recent years. In the past 2 years there have been 2 minor accidents,
40 parking violations, and 12 traffic stops.
The Police Department will be conducting another traffic study specific to Skyline Drive.
Details will be provided at the Council Meeting.
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-3-2007
Subject: Agenda Item No.D.5
Discuss and provide input regarding pool discharges into the Town of
Trophy Club Separate Storm Sewer System.
Attachments: 1. Codification Language from Chapter 11 Section 6.03
2. Ordinance 2005-04
3. Ordinance 2005-15
4. Town Manager Brandon Emmon’s Stormwater Update Presentation
5. Pool Discharge Update Spreadsheet
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-3-2007
Subject: Agenda Item No.D.6
Discuss and take appropriate action regarding the formation of a Charter
Amendment Review Committee.
EXPLANATION:
As requested on Saturday, November 10, 2007 by Council member Moss.
(Council member Moss)
Attachments: 1 None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-3-2007
Subject: Agenda Item No.D.7
Discuss and receive input regarding an Ordinance amending Chapter 11,
Public Works, Article I, of the Code of Ordinances establishing guidelines
for residential dumpsters.
Attachments: 1. Red-lined Copy of Ordinance
2. Final Copy of Ordinance
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2007 -
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING CHAPTER
11 OF THE CODE OF ORDINANCES, ENTITLED PUBLIC WORKS, ARTICLE 1,
ENTITLED REFUSE, RECYCLABLE AND HAZARDOUS WASTE MATERIALS, BY
AMENDING SECTION 1.01, DEFINITIONS; SECTION 1.06, RESIDENTIAL REMOVAL
OF DEBRIS; SECTION 1.07, DUTIES OF COMMERCIAL, INSTITUTIONAL, AND
INDUSTRIAL CUSTOMERS; AND ADDING A NEW SECTION 1.10, CONSTRUCTION
REFUSE; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING FOR
SEVERABILITY; PROVIDING A PENALTY IN AN AMOUNT 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 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 Council of the Town of Trophy Club, Texas (“Town”) is empowered under
the Texas Health and Safety Code and the Texas Local Government Code to adopt provisions to regulate
the disposition of Refuse, Recyclable, and Hazardous Waste materials within the Town; and
WHEREAS, on March 4, 2002, the Town adopted Ordinance No. 2002-12 regulating the
disposition of Refuse, recyclable, and Hazardous Waste materials within the Town, which was
subsequently codified into Chapter 11, Article 1 of the Code of Ordinances of the Town of Trophy Club;
and
WHEREAS, the Town recognizes that the proper storage of Debris, Refuse, and other waste is
essential in order to avoid health hazards and public nuisances which threaten the health and welfare of
the community; and
WHEREAS, it is the desire of the Town to amend Chapter 11, Article 1 of the Code of
Ordinances to address Nuisances resulting from temporary containment of Debris by amending Sections
1.01, 1.06, 1.07, and to add a new Section 1.10 to Article 1 of Chapter 11, of the Code of Ordinances, as
further specified herein, to establish new requirements and standards for the disposition of Refuse,
Recyclable, and Hazardous Waste Materials in order to protect the health and safety of the citizens of the
Town of Trophy Club and to include requirements for new construction, 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.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS;
SECTION 1.
INCORPORATION OF PREAMBLE
The above and foregoing preamble is incorporated into the body of this Ordinance as if copied
herein in its entirety.
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SECTION 2.
AMENDMENT
2.01 Article 1, entitled “Refuse, Recyclable And Hazardous Waste Materials” of Chapter 11 of the Code
of Ordinances of the Town of Trophy Club, Texas, is hereby amended so that Section(s) 1.01,
1.06, and1.07 shall read in their entirety as set forth below:
Section 1.01 Definitions
Building Contractor: The Person to whom a building Permit has been issued by the Town of
Trophy Club.
Building Inspector: Employee(s) of the Town charged with the responsibility of administering
and enforcing the provisions of the building code, to inspect building projects, to ensure that all
related work is constructed according to code and related compliance issues.
Building Site: The property subject to a development permit where construction is occurring.
Brush: Tree and shrub trimmings and limbs, etc. which exceed four (4) feet in length and cannot
be easily placed in Refuse Containers or loaded readily into regular Refuse compaction
equipment.
Bulky waste: Stoves, refrigerators, water tanks, washing machines, furniture, appliances and
other waste materials, with weights and volumes greater than those allowed for containers, but
specifically excluding:
1. Loose construction Debris, Carrion, Hazardous Waste, medical waste or stable matter;
2. Any refrigerators, freezers, air conditioners, or other appliances that do not contain
written or visual evidence that the chlorofluorocarbons (CFC’s), have been removed
therefrom by a certified, authorized, and licensed technician; and
3. Any other objects or items that contractor is precluded by federal, state, or local law or
regulation from collecting or disposing in a municipal sanitary landfill.
Carrion: The dead and putrefying flesh or carcass of any animal, fowl or fish.
Commercial Containers: Metal containers supplied by the Town’s approved franchise vendor
affording adequate capacity to service commercial customers, so as to prevent spillage, unsightly
and unsanitary conditions.
Curbside service: The pick up of Garbage, trash, Brush, Bulky Wastes, rubbish, Debris, and
Recyclable materials by the Town’s approved franchise vendor at resident’s street address.
Debris: Dirt, yard waste, concrete, rocks, bricks or other construction waste building materials.
Debris Container: Containers supplied by the Town’s approved franchise vendor affording
adequate capacity to service temporary containment of Debris, so as to prevent spillage,
unsightly and unsanitary conditions.
Garbage: Household waste, animal, or vegetable matter, as from a kitchen or food processing
facility; ashes or any other material which is damp or capable of emitting noxious odors.
Hazardous Waste: Any liquid or solid material, oil, sludge, and any radioactive, pathological,
toxic, acidic, or volatile materials, or any chemical, compound, mixture, substance, or article
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which is designated by the United States Environmental Protection Agency or appropriate agency
of the State of Texas to be “hazardous,” “toxic” or a “contaminant” or “pollutant,” as such terms
are defined by or pursuant to federal or state law or regulation.
Nuisance: Noxious smells, seeping or oozing of fluids, stagnant fluids, and other
bothersome, unsanitary, or deleterious conditions which are or would be offensive to a
reasonable person or which present actual or potential dangers to human life, health, safety or
welfare or any condition or occurrence that renders the ground, water, air or environment a
hazard or is likely to cause injury to human life, health, safety or welfare, or that is offensive to
the senses, or that is or threatens to become detrimental to the public health, life, safety or
welfare or specifically identified as a Nuisance in this Ordinance.
Permit: A document issued by the Town allowing a Person to begin an activity provided for in this
Article or other applicable ordinance of the Town.
Permitting Department: The Permitting Division of the Community Development Department for
the Town.
Person: An individual, owner, firm, corporation, partnership, sole proprietorship, association or
any other entity recognized in law who owns, controls, or occupies property.
Pick-Up Day: A day(s) scheduled by the Town for pick-up of Refuse and Recycling materials. If
a Pick-Up Day falls on a holiday, there will not be Refuse or Recycling service and a make-up day
will not be substituted.
Recycling containers: An 18-gallon container for use by residential customers for curbside
Recyclable Materials collection issued by the Town’s approved franchise vendor.
Recyclable materials: The following items are allowed in recycling container(s) –
1- Plastic bottles numbered 1, 2, 3, 4, 5, 7 and plastic bottles composed of H.D.P.E. (high
density polyethylene) and P.E.T. (polyethylene terephthalate) bottles.
2- Clear, green, and brown, unbroken glass bottles and jars (excluding mirrors, windows,
ceramics, or other glass products).
3- Aluminum, tin and steel metal cans used for beverage, food, beer, and soft drinks (excluding
scrap metal, aerosol cans, foil, and utensils).
4- Telephone directories, newspapers, catalogs, and magazines.
5- Junk mail, cardboard and mixed household paper.
As recycling markets open up to additional Recyclable Materials, this list may be expanded based
on mutual agreement of the Town and contractor.
Refuse: All Garbage, Trash, Rubbish, Brush, and Debris.
Refuse Container: Any plastic bag, cardboard, metal or wooden box having no outside
dimension of more than four (4) feet, or any portable, closed, waterproof, plastic container with a
capacity or volume of forty-two (42) gallons or less; which is capable of containing Refuse without
leaking or emitting odors, that does not allow items to be scattered and which weighs when
loaded, less than fifty (50) pounds per container and which is placed at curbside for removal. All
Refuse placed within plastic containers shall first be placed in a plastic bag, cardboard, metal or
wood box.
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Rubbish: All residentially generated waste; to include: wood, wood products, grass cuttings,
dead plants, weeds, leaves, chips, shavings, sawdust, printed matter, paper, pasteboard, rags,
straw, used and discarded mattresses, white goods, pulp, and other products such as are used
for packaging or wrapping, crockery, glass, ashes, cinders, floor sweepings, mineral or metallic
substances and any and all other waste materials not included in the definition of Bulky Waste,
construction Debris, Garbage, Refuse, or Hazardous Waste.
Stop Work Order: A formal notice by the Building Inspector or his or her designee to a Building
Contractor that all work must stop/cease immediately until further notice.
Trash: All Refuse other than Garbage, Debris, Brush, household furniture and appliances;
including but not limited to, grass clippings, leaves, paper, and other household trash not included
in the definitions of Bulky Waste, Debris, Garbage, Refuse, Rubbish or Hazardous Waste.
Section 1.06 RESIDENTIAL REMOVAL OF DEBRIS
Debris resulting from construction, major remodeling, general cleanup of property, or resulting
from sizeable amounts of Debris being cleared in preparation for construction will not be removed
by the Town as a regular service. A Person shall have such Refuse promptly removed at his/her
expense. A Person may request a pick-up from the Town’s approved franchise vendor for the
removal of Debris from their property located within the Town. The fee for such service shall be
assessed in accordance with the approved franchise vendor’s fee schedule in effect at the time.
A Person may rent a Debris Container from the Town’s franchised waste collector for the
temporary storage of Debris provided that the Person first obtains a Permit from the Town.
Location:
1. No Debris Container shall be located within ten feet (10’) of an abutting dwelling, unless the
occupant of the abutting dwelling agrees to such and signs an authorization form, which shall
be submitted with the Permit application for the Debris Container.
2. No Debris Container shall be placed so that it blocks any public sidewalk.
3. No Debris Container shall be placed on a public street or within the public right of way.
Time Limit:
1. Debris Containers permitted for use in residential areas may be kept on private property for
up to thirty (30) consecutive days per year.
Sanitation:
The following requirements shall be maintained while the Debris Container is on or at the site:
1. The area around the Debris Container shall be kept free of Debris and Refuse;
2. Any Debris Container into which animal or vegetable waste or material has been dumped or
deposited shall be removed or emptied within twenty-four (24) hours; and
3. Any Debris Container producing or causing a Nuisance shall be immediately removed or
cleaned to eliminate the odor.
4. Debris Container shall be removed from the property within two (2) business days after
becoming filled to capacity.
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Usage
A Debris Container shall only be used to contain and remove Debris and material generated at
the location where the Debris Container is placed/located.
Permit Required.
A Permit shall be required for a Debris Container with no associated fee for said Permit. The
Permit shall be obtained from the Permitting Department. Permit shall be displayed from the
Debris Container in a weather-proof container and shall be placed in a position so that it is easily
viewable.
Abatement
Any Debris Container not in compliance with this Article is hereby declared to be a Nuisance and
may be abated by the Town at the responsible Person’s expense. Abatement shall, at the Town’s
option, include the removal and/or the emptying of Debris Container. The Person responsible for
the Debris Container, as evidenced on the Permit, will be responsible for all costs incurred by the
Town in abating the removal of the Debris Container. It shall be unlawful for a Person to
maintain, cause or allow any Debris Container to be a Nuisance as defined herein. Additionally,
the specific acts, conditions and things prohibited in this ordinance are, among others, each
hereby declared to be Nuisances and against the general health, safety and welfare and the
same are hereby made unlawful.
Section 1.07 Duties of Commercial, Institutional, and Industrial Customers
A Person shall cause all Refuse generated by or accumulated on a commercial,
institutional or industrial premises as defined in the Town’s zoning ordinances and located within
the Town of Trophy Club to be placed in a Commercial Container(s) of sufficient size and number
to hold all such Refuse. Refuse shall be stored in a manner to prevent the loss of Refuse to the
environment and to preclude the development of vector, odor, and public health and/or Nuisance
problems. Commercial Containers must be placed at a location on the premises as designated by
the Town of Trophy Club and in compliance with all applicable Town ordinances.”
2.02 Article 1, entitled “Refuse, Recyclable And Hazardous Waste Materials” of Chapter 11 of the
Code of Ordinances of the Town of Trophy Club, Texas, is hereby amended to add a new Section
1.10, which shall read in its entirety as set forth below:
Section 1.10. Construction Refuse – Building Permits
Building Construction Refuse. Refuse caused by or resulting from construction of any
structure within the Town;, including but not limited to, buildings of any type, or remodeling of any
structure, shall be removed at the expense of the Building Contractor or Owner of the property
upon which the construction took place.
Duties:
It shall be the duty of each Building Contractor or other Person to whom a Permit has been
issued to take action prior to the start of any construction, to place or cause to be placed upon
such property a Debris Container or other container not less than six feet (6’) by six feet (6’) in
size for purposes of depositing Refuse generated by such construction work therein where such
construction is being performed in relation to a residential structure, garage, swimming pool or
building to be used for commercial or business purposes,
Time Limit:
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A container authorized and permitted hereunder shall be placed, where possible, so as to be
screened from public view and shall be removed from the building site immediately upon the
completion of construction or within two (2) business days of becoming filled to capacity. Debris
Containers may be kept on the property during the time that a building Permit for the property is
valid and no later than thirty (30) days after the Certificate of Occupancy and/or Building Final has
been issued.
Prohibited Conduct:
Except where the prior permission of the Person in control of a container has been secured, it
shall be an offense for any Person to place or deposit or cause to be placed or deposited any
Refuse into any container required by this section when the container is not under such Person's
ownership or control. It shall be presumed that a Person who is not the owner of or does not
have control over a container and who deposits any Refuse into the container did not have
permission of the owner or Person in control of the container to make the deposit.
Work-Site Conditions; Clean-Up.
a. Building Contractor Duties. Each Building Contractor performing work on property within
the Town shall perform or cause to be performed all of the following duties while the Permit is
in effect and for so long thereafter as the work area is affected by construction activity:
1. Regularly pickup and properly dispose of all Refuse that may be present or generated at
the building site or which may have been blown or transported from the building site to
nearby public or private property (if access is allowed to such private property for pickup
activity) or Town right-of-way and place such Refuse into the Debris Container; and
2. Stack, restack or otherwise secure all building materials, equipment and tools that may
be present on or near the building site and not in actual use; and
4. Clear and sweep all sidewalks and streets that may have been used or blocked for work
activity, except for those places temporarily barricaded for excavation; and
5. Cover all excavations and holes; mark and barricade any hazards; and secure pouring of
concrete or similar activities authorized by the Permit, secure all windows, doors and
other openings; and
6. Remove all mud, clay and Debris that may have been deposited on any roadway or
sidewalk in connection with, or as a result of, the building site; and
7. Debris Container shall be removed from the building site within two (2) business days
after reaching its capacity or immediately upon the completion of construction but not
later than thirty (30) days after the issuance of a Certificate of Occupancy and/or Building
Final.
8. The specific acts and conduct prohibited in this section are each hereby declared to be a
Nuisance and are therefore unlawful.
9. Failure to comply with the requirements of this Article shall result in the refusal to obtain
required inspections and/or the issuance of a Stop Work Order by the Building Inspector
until such time that the Building Contractor has complied with this section.
SECTION 3.
SAVINGS AND REPEALER
148
That this Ordinance shall be cumulative of all other Ordinances of the Town affecting
Refuse, Recyclable and Hazardous Waste Materials and shall not repeal any of the provisions
of such Ordinances except in those instances where provisions of those Ordinances are in
direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or
uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or
uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and
effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior
to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such
repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for
that purpose the Ordinance shall be deemed to remain and continue in full force and effect.
SECTION 4.
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 5.
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 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 6.
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.
SECTION 7.
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.
149
SECTION 8.
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 _____ day of
______ 2007.
Mayor
Town of Trophy Club, Texas
Effective Date:
[SEAL]
ATTEST:
Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Town Attorney
Town of Trophy Club, Texas
150
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-3-2007
Subject: Agenda Item No.D.8
Discuss and take appropriate action regarding the award/rejection of bids
for the Landscape and Irrigation Improvements for Trophy Club Drive, Bid
No. 11207, and authorizing the Mayor or his designee to all execute
necessary contract documents.
EXPLANATION:
Philips Lawn Sprinkler Company was the low bidder at $101,800.00. The bid amount
was approximately one-half that of the other two companies that bid on the project.
Philips has been the successful bidder on the last two landscape projects for the Town
and has performed satisfactorily on both of those projects.
RECOMMENDATION:
Staff recommends approval of the bid.
Attachments: 1. Information Memorandum from TNP
2. Bid Tabulation
151
152
153
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-3-2007
Subject: Agenda Item No.D.9
Discuss and take appropriate action to approve financials and variance
report dated November 2007.
Attachments: 1. None
154
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-3-2007
Subject: Agenda Item No.D.10
Discuss and take appropriate action regarding employees who report
directly to the Town Council and the following:
A. Discuss and take appropriate action with regards to implementing a
standardized periodic evaluation process of the Town Manager,
Town Attorney and Town Secretary by the Town Council.
B. Discuss and provide input on methods in which to improve and
enhance communication between employees who report directly to
Town Council and Town Council.
C. Discuss and take appropriate action with regards to reviewing and/or
amending job descriptions of the Town Manager, Town Attorney and
Town Secretary.
Attachments: 1. Town Manager Job Description
2. Town Attorney Job Description
3. Town Secretary/HR Job Description
155
JOB DESCRIPTION
Position: TOWN MANAGER
Reports To: Town Council
Supervisory
Pay Grade: 43
Exempt
Job Summary: Acts as Chief Executive and Administrative Officer of the local government. Responsible
to the Town Council for the proper administration of all the Town’s affairs assigned the manager by
charter, ordinance or directive. Managing the activities of all Town departments and offices and rendering
direct assistance to the Mayor and Council in the planning, organization, and administration of all
municipal government functions. Coordinates with the Municipal Utility District Manager on functions
financed with MUD Funds.
Minimum Requirements:
• Bachelor’s Degree in Public Administration, Business Administration or related field
Master’s Degree Preferred
• Must have previous experience as an Assistant Town or Town Manger
• Ability to use a variety of computer software; including Microsoft Word/Excel
• Or Any Equivalent Combination of Education and Experience that
Provides the Required Knowledge, Skills, and Abilities
• Valid Texas Motor Vehicle Class C Operator's License
Major Duties and Responsibilities: Job duties and responsibilities are not intended to reflect all duties
performed within the job.
• Reports directly to the Town Council
• Assists the Mayor and Council in advising and furnishing leadership to civic organizations dealing
with specific items affecting the Town’s welfare
• Oversees, coordinates, and manages the activities of all Town departments and offices in
carrying out the requirements of ordinances, laws, rules and regulations, and the policies of the
Town Council
• Reports regularly to the Mayor concerning the status of projects and functions of the various
Town departments and offices
• Advises and assists the Mayor and Town Council in the formulation and establishment of
administrative policies for operation of Town government departments and offices, as well as
developing policy related to the general future direction of Town government
• Reports to and advises the Mayor, and Town Council as appropriate, on immediate as well as
emerging municipal problems
• Represents the Town/MUD to the public by attending various civic and business meetings on
behalf of the Town, as the Mayor may direct
• Directs the preparation of the Council agenda furnishing pertinent documents, reports and
briefings as needed
• Seeks out funding sources and prepares and processes grant applications in the furtherance of
municipal planning goals
• Prepares and administers department budget and administers overall Town annual budget
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• Responsible for Town’s selection, evaluation, training, and termination of management and
administrative staff
• Negotiates and oversees Town contracts
• Acts as the MUD Manager in that person’s absence
• Communicates with residents, including answering questions and providing information
• Other duties as assigned
Work Environment: Office environment; sustained posture in a seated position. Attendance at night
meetings is required. Some travel to offsite locations may be required. Must be able to perform essential
functions of the job. This position also requires good listening skills and occasional lifting of 50 pounds.
The position of Town Manager subjects the incumbent to the continual stress of accommodating
competing demands and meeting deadlines.
THE TOWN RESERVES THE RIGHT TO CHANGE OR REVISE JOB DUTIES AND
RESPONSIBILITIES AS THE NEED ARISES. THIS JOB DESCRIPTION DOES NOT
CONSTITUTE A WRITTEN OR IMPLIED CONTRACT OF EMPLOYMENT.
________________________________________ _____________________
Employee Signature Date
157
JOB DESCRIPTION
Position: TOWN ATTORNEY
Reports To: Town Manger/Town Council
Supervisory
Pay Grade: 40
Exempt
Job Summary: The Town Attorney plans, organizes, directs and controls the provision of legal services
to and for the Town; provides legal advice and guidance to the Town Council, Town Manager, and Town
departments; directs the accomplishment of short-term and long range planning; implements and
maintains sound organizational practices; controls costs and otherwise directs and controls all
departmental functions toward achieving overall Town goals.
Minimum Requirements:
• Any combination equivalent to: law degree with admission to practice law in the State of Texas
and five years comprehensive municipal experience in criminal and civil matters, land use,
transportation and general municipal law, including increasingly responsible legal management
and administrative duties
• Member in good standing of the Texas State Bar
• Knowledge and the principles of municipal law, including drafting ordinances and resolutions
• Experience with prosecution of misdemeanor offenses
• Excellent knowledge of municipal law, including land use and environmental law, labor and
employment and contracts
• Must have excellent analytical and writing skills
• Excellent verbal and written communication skills
• Valid Texas Motor Vehicle Class C Operator's License
Major Duties and Responsibilities: Job duties and responsibilities are not intended to reflect all duties
performed within the job.
• Provides ongoing legal advice to the Town Manager and departments of the Town through direct
consultation and written legal opinions
• Resolves legal questions, which arise during the development and implementation of Town
projects and programs
• Analyzes legal trends in order to present alternatives to Town Manager, Town Council and
various Town departments concerning major issues facing the Town
• Attends meetings of the Town Council, and other meetings as necessary
• Gives legal opinions and advice as questions are raised at Council and Commission meetings
attended
• Represents the Town in civil actions where the Town is a party in state and federal courts and
before administrative agencies
158
• Provides policy direction and technical advice to the Planning and Zoning coordinator to ensure
the proper and effective handling of that individual's work
• Supervises and reviews the preparation of ordinances, regulations, contracts, and other legal
documents ensuring compliance with local, state and federal law and adequate legal protection of
the Town
• Organizes and directs the activities of the Town Attorney's office in a manner that optimizes the
use of human and financial resources
• Coordinates the activities of the Town Attorney's office with those of other departments to ensure
effective action
• Furnishes legal advice to the Town Council, Town Manager, and departments of the Town, plus
various boards and commissions
• Represents the Town in proceedings before local district court, superior court, appellate courts,
and before administrative agencies
• Organizes and directs the activities of the Town Attorney's office
• Other related duties as assigned by the Town Manager
Work Environment: Work is performed in office settings with regular hours from 8:00 a.m. to 5:00 p.m.
Attendance at night meetings is required. Some travel to off site locations may be required. Must be able
to perform essential functions of the job. This position also requires good listening and speaking skills.
Exposure to computer screens, sitting for prolonged periods of time, walking, standing, stooping, bending,
kneeling, and lifting up to 50 pounds. Need manual dexterity and visual acuity. Work performed requires
periods of intense concentration over extended period of time with frequent interruptions for questions
and advice. Stress associated with competing priorities and time deadlines is occasionally an element of
the position and must be recognized and successfully managed.
THE TOWN RESERVES THE RIGHT TO CHANGE OR REVISE JOB DUTIES AND
RESPONSIBILITIES AS THE NEED ARISES. THIS JOB DESCRIPTION DOES NOT
CONSTITUTE A WRITTEN OR IMPLIED CONTRACT OF EMPLOYMENT.
________________________________________ _____________________
Employee Signature Date
159
JOB DESCRIPTION
Position: TOWN SECRETARY
Reports To: Town Manager-Town Council
Supervisory
Pay Grade: 32
Exempt
Job Summary: Under the direction of the Town Manager performs the administrative duties of the Town
Secretary as set forth by the Town Charter. With an ability to exercise professional judgment and
initiative, coordinate and conduct Town Council and Special Measure/Initiative elections, keep the
minutes of al Council meetings, publish legal notices and performs other duties as may be required by
Council, the Town Manager or the laws of the State of Texas.
Minimum Requirements:
• High School Graduation
• Two Years of College or Business School Preferred
• 4 Years Responsible Municipal Administrative Experience
• 1-Year Supervisory Experience
• Texas Municipal Clerk Certification or Ability to Obtain Certification within a 3-Year Period
• Or Any Equivalent Combination of Education and Experience that Provides the Required
Knowledge, Skills, and Abilities
• Computer/Microsoft Word/Excel Software Experience
• Customer Service Experience
• Knowledge of the Open Records Act and Records Retention Schedules
• Valid Texas Motor Vehicle Class C Operator's License
Major Duties and Responsibilities: Job duties and responsibilities are not intended to reflect all duties
performed within the job.
• Knowledge of the Town Charter and Town Codes relating to elections, annexations, and all
activities of the Administration Department
• Prepares and post Town Council agenda packets, including coordinating and reviewing agenda
material, finalizing agendas and overseeing distribution of the packet
• Attend Town Council meetings and record the minutes of all official meetings
• Performs follow through on items acted upon by the Town Council, including composing and
preparing correspondence and advising various individuals of Town Council actions, including
transcribing and distributing minutes, ensuring that resolutions and ordinances are in proper
format and notarized, tracking committee and commission actions and preparing letters of
acceptance or rejection, including electronically
• Hold and maintain the Town Seal and affix to all instruments requiring such seal
• Provides Notary Public services for City legal requirements, residents, staff and the general public
• Acts as custodian of public records, including preserving and maintaining documents such as
contracts, ordinances, and resolutions
• Performs various administrative duties, including preparing and publishing public hearing notices
and preparing correspondence with Mayor and Council members
• Establish relationships and work cooperatively with Town officials, employees, and communicates
with and answers questions for the general public
• Acts as elections administrator to ensure all legal requirements are met, including; coordination of
all aspects of the Towns General and Special Elections, assisting in the determination of viable
160
candidates, preparing and maintaining candidate files, posting legal notices, and monitoring the
tallying of votes
• Acts as media contact for Town issues
• Supervises front desk, and administrative personnel, including assigning and reviewing work,
conducting performance reviews, and recommending personnel actions
• Assists front desk personnel with callers and visitors
• Effectively represent the Town in contacts with governmental agencies, community groups and
various professional, educational, regulatory and legislative organizations
• Acts as archivist for the Trophy Club Clock Tower Time Capsule
• Attends meetings, seminars, and training classes for professional advancement
• Other duties as assigned
Work Environment: Office and travel in climate controlled environment with minimal exposure to
inclement weather. Regular work hours of 8:00 a.m. to 5:00 p.m. including evenings and weekends.
Exposure to computer screens, sitting for prolonged periods of time, walking, standing, stooping, bending,
kneeling, and lifting up to 35 pounds. Need manual dexterity and visual acuity. Must be able to operate
assigned equipment and vehicle and to adhere to all safety guidelines. Work is performed in an office
and requires periods of intense concentration over extended period of time with frequent interruptions for
questions and advice. Stress associated with competing priorities and time deadlines is occasionally an
element of the position and must be recognized and successfully managed.
THE TOWN RESERVES THE RIGHT TO CHANGE OR REVISE JOB DUTIES AND
RESPONSIBILITIES AS THE NEED ARISES. THIS JOB DESCRIPTION DOES NOT
CONSTITUTE A WRITTEN OR IMPLIED CONTRACT OF EMPLOYMENT.
________________________________________ _____________________
Employee Signature Date
161
JOB DESCRIPTION
Position: Human Resources Manager
Reports To: Town Manager
Supervisory
Pay Grade: 26
Non-Exempt
Job Summary: Plans, organizes and directs a variety of complex administrative, technical and
professional work of the human resources functions of the Town. Provides leadership to the Town in
designing systems and developing policies for organizational effectiveness and employee satisfaction,
including compensation and benefit systems, classification structures, recruitment, employee
development and training, performance management, policy administration/compliance, and
labor/employee relations. Performs a variety of routine and complex administrative, technical and
professional work to manage and administer the Town's benefits programs including medical, dental,
vision, life and disability insurance.
Minimum Requirements:
• Bachelor's degree in human resources, public administration, or related experience
• Two or more years of professional related experience in a human resources discipline (Staffing,
Employee Relations, Compensation, Benefits, Labor Relations, Human Resource
Communications, Performance Management, and Training)
• Certification as Professional in Human Resources (PHR) preferred or the ability to obtain
• Knowledge of or the Ability to Learn the Requirements of the Open Records Act
• Strong Organizational, Customer Service and Clerical Skills including Microsoft Word/Excel
Software
• An Equivalent Combination of Education and Experience that Provides the Required Knowledge,
Skills, and Abilities
• Valid Texas Motor Vehicle Class C Operator's License
Major Duties and Responsibilities: Job duties and responsibilities are not intended to reflect all duties
performed within the job.
• Accountable for the development and implementation of major personnel programs and for
advising the Town Manager and Department Directors/Managers on matters pertaining to
effective personnel management
• Provides confidential assistance in labor negotiation collects and compiles salary and other data
from and for other government resources as requested. Consults with Town Attorney as needed
• Provide guidance to managers, supervisors and employees on various human resources issues
such as career development, corrective action, performance management, policy and
procedures, contract interpretation compliance requirements
• Provides advice and policy interpretation to staff regarding personnel issues; develops,
recommends and implements approved procedures, policies, and methods to improve personnel
services and management practices and procedures
• Maintains performance evaluation monitoring system; monitors accuracy of salary increase
recommendations
• Performs comparative analysis to ensure salaries and benefits consistent with market rates.
Conduct reclassifications, analyze questionnaires and compose job descriptions
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• Maintains employee database and employee rosters; prepares periodic and special reports as
needed; implements and maintains human resources information system
• Administers various benefits programs, including health insurance and workers’ compensation.
Coordinate Cobra program; assure compliance with Federal regulation
• Maintain awareness of emerging human resources trends and issues by subscriptions to SHRM
and with participation in NTMA (North TX Municipal Alliance)
• Performs recruitment functions, including advertising, pre-employment screenings, pre-
employment physicals, schedules interviews.
• Prepares letters of hire, processes new employee paperwork within established time lines and
maintains accurate personnel records to assure compliance with mandated regulations and
administrative procedures
• Provides orientation, training and background materials for new employees; conducts employee
orientation, provides overview of benefit package; redesigns materials and makes
recommendations to revise orientation packet and program
• Assist with promotion, retention and separation of employees to ensure compliance with federal
and state laws
• Assists active employees who have questions about their benefit packages and various insurance
claims; troubleshoots problems; serve as interface between employee and vendors when
required
• Maintains official personnel records and medical records in accordance with confidentiality
requirements of federal and state regulations
• Process Open Records Requests for personnel information in compliance with state and federal
laws
• Perform legal and factual research for Human Resources Issues
• Other duties as assigned
Work Environment: Office in climate controlled environment with minimal exposure to inclement
weather. Regular work hours of 8:00 a.m. to 5:00 p.m. including some evenings and weekends.
Exposure to computer screens, sitting for prolonged periods of time, walking, standing, stooping, bending,
kneeling, and lifting up to 35 pounds. Need manual dexterity and visual acuity. Must be able to operate
assigned equipment and vehicle and to adhere to all safety guidelines. Work is performed in an office
and requires periods of intense concentration over extended period of time with frequent interruptions for
questions and advice. Stress associated with competing priorities and time deadlines is occasionally an
element of the position and must be recognized and successfully managed.
THE TOWN RESERVES THE RIGHT TO CHANGE OR REVISE JOB DUTIES AND RESPONSIBILITIES
AS THE NEED ARISES. THIS JOB DESCRIPTION DOES NOT CONSTITUTE A WRITTEN OR
IMPLIED CONTRACT OF EMPLOYMENT.
________________________________________ _____________________
Employee Signature Date
163
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-3-2007
Subject: Agenda Item No.D.11
Items for Future Agenda.
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 (12/17/07)
5. Research grant possibilities regarding phase two street calming/sidewalks. Mayor
Pro Tem Edstrom
6. Discuss and receive input regarding an Ordinance amending Chapter 11, Public
Works, Article I, of the Code of Ordinances establishing guidelines for residential
dumpsters.
7. Discuss and receive input regarding 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.
8. Mayor Sanders requested Brandon research Charter 3.21
164
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-3-2007
Subject: Agenda Item No.D.12
Reports. There will be no action taken regarding any individual project
posted under this item and discussion will be limited. If extensive
discussion is required, the item may be placed on a future agenda.
A. Town Manager's Report.
Attachments: 1. None
165
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-3-2007
Subject: Agenda Item No.E.1
Adjourn.