Agenda Packet TC 05/21/2007Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, May 21, 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 and indivisible."
A.4 Discuss and take appropriate action in regard to a Proclamation to recognize the
outstanding achievement by Conrad Staton/Trophy Club Boy Scout Troop 937,
and congratulating him on his achievement of the Eagle Scout Award.
A.5 Discuss and take appropriate action regarding a Proclamation declaring and
supporting the Click it or Ticket campaign, May 21 through June 3, 2007.
A.6 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.
Consent Agenda: Discuss and take appropriate action to approve several name B.1
changes and the execution of signature resolutions for new Town Bank Accounts
at First Financial Bank for the Grant Fund and Hotel/Motel Fund by Brandon
Emmons, Sakura Moten-Dedrick, Lisa Ramsey and Nick Sanders.
B.2 Consent Agenda: Discuss and take appropriate action to approve both a name
change and the addition of new Town Bank Accounts at Texpool for the
Hotel/Motel Fund, Grant Fund, PID Fund and $474K Harmony Park Fund by
Brandon Emmons, Sakura Moten-Dedrick, Lisa Ramsey and Nick Sanders.
B.3 Consent Agenda: Discuss and take appropriate action to approve the renewal of
Beautification Funds in a Certificate of Deposit (CD) for six (6) months at a rate of
4.25% with First Financial Bank.
B.4 Consent Agenda: Discussion and appropriate action to approve Interlocal
Cooperation Agreement-Tax Collection between Denton County and the Town of
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Trophy Club and designating Sakura Moten-Dedrick, Finance Director, as the
Liaison for the Town.
C.1 Public Hearing: Consider a Replat for 5 and 7 Stephen’s Court, also described as
Lots 9 and 8 of Estates of Hogan's Glen, Phase II. (RP-07-011)
D.1 Discuss and take appropriate action relative to a request for Replat for 5 and 7
Stephens Court, also described as Lots 9 and 8 of Estates of Hogan's Glen,
Phase II. (RP-07-011)
D.2 Discuss and take appropriate action regarding a Resolution supporting passage
by the Texas Legislature of House Bill 3181 regulating the obstruction of
emergency vehicles by trains blocking streets, railroad crossings, or public
highways.
D.3 Discuss and take appropriate action relative to Final Plat approval of an
approximate 12.23 acre tract of land legally described as A. Medlin Survey,
Abstract No. 832, known as Churchill Downs. Applicant: Southwest T.O.O.
Development L.L.C. (FP-07-011)
A. Discuss and take appropriate action regarding the approval of the Subdivider's
Agreement for a 12.23 acre tract of land legally described as A. Medlin Survey,
Abstract No. 832, known as Churchill Downs.
D.4 Discuss and take appropriate action regarding the Parkland dedication for
Churchill downs.
D.5 Discuss and take appropriate action regarding a request from Allied Waste
Services to adjust the holiday pick up schedule and regularly scheduled
collection days.
Discuss and take appropriate action regarding a Resolution determining the total D.6
cost of the Town Of Trophy Club Public Improvement District No. 1
improvements (The Highlands At Trophy Club), preparing a proposed
assessment roll, directing the filing of the proposed assessment roll, calling a
public hearing to consider proposed assessments and providing for the
publication of notice.
D.7 Discuss and take appropriate action regarding a Resolution supporting the Safe
Routes to School Program and approving the submission of a grant application
for the 2007-2008 fiscal year.
D.8 Discuss and take appropriate action on a request for Final Plat approval for Lots
1, 2, and 3, Block A, Golf Maintenance Facility Addition, being 4.038 acres of
land located in the Mary Medlin Survey, Abstract 832. Applicant: Beck
Properties Trophy Club, L.P. (FP-07-020)
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D.9 Discuss and take appropriate action authorizing the Town Manager to execute an
agreement for the purchase of a 2008 C4500 Type III Ambulance, to provide for
financing, and to execute all necessary documents.
Discuss and take appropriate action regarding a Resolution approving the D.10
submission of the grant application for the Special Crimes Investigator, in the
amount of $71,600.00 from the 421 Criminal Justice Planning Fund, for the 2007-
2008 fiscal year and designating the Town Manager as the authorized official for
the Town.
D.11 Discuss and provide input regarding the RFP for a Police Department needs
assessment.
D.12 Discuss and take appropriate action regarding a Resolution authorizing the
Police Department to adopt a policy to allow the towing of vehicles if proof of
liability insurance cannot be obtained.
D.13 Discuss and take appropriate action to approve financials for both March and
April 2007 and to approve a variance report dated April 2007.
D.14 Discuss and take appropriate action regarding the regularly scheduled Town
Council meetings for July.
D.15 Discuss and take appropriate action to approve Minutes dated, March 19, 2007.
D.16 Discuss and take appropriate action regarding an ordinance canvassing the
returns and declaring the results of the General Election held on May 12, 2007.
D.17 Town Manager Emmons to designate an Acting Town Manager.
Discuss and provide input regarding amendments to Section 4.05(B)(2) of Article D.18
IV, Chapter 5 of the Code of Ordinances relating to number, size and placement
of political signs.
D.19 Items for Future Agenda.
D.20 Discuss and take appropriate action to determine whether the May 11th
complaint filed by Council Member Lamont against Bob Radder, a member of the
Public Service advisory group and Zoning Board of Adjustment, on its face
presents a violation of the Handbook for Elected and Appointed Officials
Handbook for which sanctions, such as reprimand, formal censure, or loss of
appointment would be appropriate in order to serve the legitimate goal of orderly
governance, integrity, and public confidence in government.
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D.21 Reports. There will be no action taken regarding any individual project posted
under this item and discussion will be limited. If extensive discussion is required,
the item may be placed on a future agenda.
a) Town Council report from EDC 4BLiaison, Council member Sterling.
b) Report or periodic, internal audits of procedures as related to procurement
policies, journal entries and the travel and training policies by Council
member Cates.
c) Outgoing comments by Mayor Pro Tem Williams.
d) Outgoing comments by Council member Lamont.
e) Town Manager's Report.
E.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-21-2007
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: 5-21-2007
Subject: Agenda Item No.A.2
Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-21-2007
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 and indivisible."
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-21-2007
Subject: Agenda Item No.A.4
Discuss and take appropriate action in regard to a Proclamation to
recognize the outstanding achievement by Conrad Staton/Trophy Club Boy
Scout Troop 937, and congratulating him on his achievement of the Eagle
Scout Award.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Proclamation
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TOWN OF TROPHY CLUB
PROCLAMATION NO. 2007-
BOY SCOUT TROOP 937
A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS, TO RECOGNIZE THE LEADERS AND MEMBERS OF BOY
SCOUT TROOP 937 WHO REPRESENT OUR TOWN AND THEIR TROOP;
WHO BY THEIR PARTICIPATION AND DETERMINATION BRING HIGH
HONOR TO THE TOWN AND ALL OF OUR RESIDENTS; RECOGNIZING AND
CONGRATULATING CONRAD STATON ON HIS ACHIEVEMENT FOR
EARNING THE EAGLE SCOUT AWARD; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Town of Trophy Club is fortunate to be home to residents of all ages
who participate, lead, coach and in other ways support organized Scouting activities in the
Town; and
WHEREAS, the Town of Trophy Club is fortunate to have the support of the Troop
leaders and the parents who support our scouts in these activities; and
WHEREAS, the Town Council of the Town of Trophy Club desires to recognize Conrad
Staton of Troop 937 for his outstanding achievements and perseverance.
NOW THEREFORE, BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS:
Section 1. That the Town of Trophy Club, Texas, recognizes and congratulates
Chris Chapman for his attainment of the Eagle Award as the highest rank that Scouting offers.
2007 Eagle Scout
Conrad Staton
Section 2. That the Town of Trophy Club acknowledges this individual as having
distinguished himself through his continued, active service in Scouting. His outstanding effort,
dedication and commitment to excellence that are the source of high community pride and that
have resulted in significant positive recognition for our Town.
Section 3. That this Proclamation shall become effective from and after its date of
passage in accordance with law.
_______________________________________
Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST: [SEAL]
____________________________________
Town Secretary
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-21-2007
Subject: Agenda Item No.A.5
Discuss and take appropriate action regarding a Proclamation declaring
and supporting the Click it or Ticket campaign, May 21 through June 3,
2007.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(SK)
Attachments: 1. Proclamation
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TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION NO. 2007
Click It or Ticket
A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, ESTABLISHING THE WEEK OF MAY 21
THROUGH JUNE 3, 2007, SUPPORTING THE “CLICK IT OR TICKET
TEXAS” CAMPAIGN AND ENCOURAGING ALL CITIZENS TO
SUPPORT THE CAMPAIGN BY BUCKLING UP THEMSELVES AND
THEIR CHILDREN TO PROTECT LIFE AND THE QUALITY OF LIFE IN
TROPHY CLUB AND IN SURROUNDING COMMUNITIES.
WHEREAS, injuries and deaths from traffic crashes bring loss and suffering to the citizens of this
community; and
WHEREAS, the cost of such injuries brings economic hardship to families; and
WHEREAS, the community’s health care system and emergency response resources are
significantly impacted by injuries of traffic crashes; and
WHEREAS, research shows that using safety belts and child safety seats is still the single-most
effective way to reduce injuries and save lives in traffic crashes; and
WHEREAS, one-in-five drivers and passengers in Texas still do not buckle up; and
WHEREAS, research shows that when a driver is unbuckled, 70 percent of the time the children
in that vehicle are also unbuckled; and
WHEREAS, the National Highway Traffic Safety Administration estimates that when safety belt
use in Texas reaches 89.9 percent, 185 fatalities and 3,000 serious injuries are expected to be prevented
and $600 million in economic costs saved.; and
WHEREAS, the “Click It or Ticket Texas” campaign includes intensified law enforcement and
public education to get everyone in the community into the safety belt habit:
NOW THEREFORE, BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS:
Section 1. That the Town of Trophy Club will join Public and Private Sector Leaders across Texas
in supporting the “CLICK IT OR TICKET TEXAS” Campaign.
Section 2. That this Proclamation shall become effective from and after its date of passage in
accordance with law.
__________________________________________
Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST: [SEAL]
__________________________________________
Town Secretary
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-21-2007
Subject: Agenda Item No.A.6
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: 5-21-2007
Subject: Agenda Item No.B.1
Consent Agenda: Discuss and take appropriate action to approve several
name changes and the execution of signature resolutions for new Town
Bank Accounts at First Financial Bank for the Grant Fund and Hotel/Motel
Fund by Brandon Emmons, Sakura Moten-Dedrick, Lisa Ramsey and Nick
Sanders.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(smd)
Attachments: 1. Town Accounts At First Financial Bank
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-21-2007
Subject: Agenda Item No.B.2
Consent Agenda: Discuss and take appropriate action to approve both a
name change and the addition of new Town Bank Accounts at Texpool for
the Hotel/Motel Fund, Grant Fund, PID Fund and $474K Harmony Park Fund
by Brandon Emmons, Sakura Moten-Dedrick, Lisa Ramsey and Nick
Sanders.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(smd)
Attachments: 1. Town Accounts At Texpool
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-21-2007
Subject: Agenda Item No.B.3
Consent Agenda: Discuss and take appropriate action to approve the
renewal of Beautification Funds in a Certificate of Deposit (CD) for six (6)
months at a rate of 4.25% with First Financial Bank.
EXPLANATION:
In December 2006, the Town placed approximately $7333 in a Certificate of Deposit
(CD) for six (6) months with First Financial Bank. The CD’s rate is 5.5%, matures on
05/30/07 and interest is paid out every three (3) months.
The $7333 consisted of all remaining funds and donations, as a result of the Clock
Tower Project. Funds were also collected to fund the improvements at the entrance of
Trophy Lake Drive; however, it appears that the expenses to accomplish the
aforementioned improvements were spent out of the general fund. From what we can
tell, nothing was funded from the Beautification Fund for these improvements. The
balance in the account at 09/22/00 after the completion was approximately $216. From
2000 until December 2006, there were two main deposits totaling approximately $6700
from the Star Telegram and Team Trophy Club (later became Fall Festival), in addition
to the selling of few more bricks.
Prior to setting up the CD, these funds were sitting in a local, non-interest bearing
account at First Financial Bank. Due to a prolonged period of inactivity, our account
was in danger of going dormant. Furthermore, the Finance department felt that the
Town should switch to a vehicle in which interest could be generated until such time that
Council determines the best use of these funds.
RECOMMENDATION:
Finance would like to suggest that the Town Council approve the renewal of this CD.
The current balance is $7429 and the CD would be for six (6) months at a rate of 4.25%
with First Financial Bank until such time that it determines the best use of these funds.
Finance did research rates at other financial institutions, and while the rate is lower than
the previous CD, we found First Financial Bank’s rate to be quite comparable.
Compass Bank did offer a special of 5.25%; however, funds would have to be placed in
a CD for 8 months, thus restricting our access and availability to it.
(smd)
Attachments: None
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a
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-21-2007
Subject: Agenda Item No.B.4
Consent Agenda: Discussion and appropriate action to approve Interlocal
Cooperation Agreement-Tax Collection between Denton County and the
Town of Trophy Club and designating Sakura Moten-Dedrick, Finance
Director, as the Liaison for the Town.
EXPLANATION:
This is an annual agreement (Oct 2007 - Sep 2008) under which Denton County serves
as the Town’s tax assessor and collector. This includes collection of those properties
within Tarrant County as well. This agreement is substantially the same as it has been
for several years, with the exception of the increase in fee, which is as follows:
2004 2006 2007
Mail Tax Statement $.55 $.67 $.73
Mail Tax Statement (2nd Notice) $.42 $.44 $.44
Mail Delinquent Tax Statement (Sec. 33.11) $.55 $.67 $.73
Mail Delinquent Tax Statement (Sec. 33.07) $.55 $.67 $.73
*All Other Fees Remain Unchanged
RECOMMENDATION:
ACTION BY COUNCIL:
(smd)
Attachments: 1. Memorandum From Steve Mossman
2. 2007 Interlocal Agreement For Property Tax Collection
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-21-2007
Subject: Agenda Item No.C.1
Public Hearing: Consider a Replat for 5 and 7 Stephen’s Court, also
described as Lots 9 and 8 of Estates of Hogan's Glen, Phase II. (RP-07-011)
STAFF COMMENTS:
The purpose of this Replat request is to combine both lots into one lot for the purpose of
adding onto the existing home at 5 Stephen’s Court.
The Planning & Zoning Commission moved to unanimously recommend approval of this
replat on April 19, 2007.
Staff recommends approval.
(ceh)
Attachments: 1. Replat Application
2. Replat Diagram
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-21-2007
Subject: Agenda Item No.D.1
Discuss and take appropriate action relative to a request for Replat for 5
and 7 Stephens Court, also described as Lots 9 and 8 of Estates of Hogan's
Glen, Phase II. (RP-07-011)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-21-2007
Subject: Agenda Item No.D.2
Discuss and take appropriate action regarding a Resolution supporting
passage by the Texas Legislature of House Bill 3181 regulating the
obstruction of emergency vehicles by trains blocking streets, railroad
crossings, or public highways.
EXPLANATION:
Justin Assistant City Administrator, Virginia Blevins will be present to address any
questions.
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Letter and enclosures from Justin City Mayor, Ed Trietsch
2. Justin City Council Report Trailway Crossing Blockage Legislation
3. HB 1757
4. Resolution
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JUSTIN CITY COUNCIL REPORTRAILWAY CROSSING BLOCKAGE LEGISLATION
Update: Mayor Pro-Tem Daniel Cocanougher, Council Member Greg Scott,
Justin Police Chief Bill Brooks, Justin Police Secretary Deborah Scott, Justin
Business Owner Dale Roberson, Justin Fire Marshal Robert Stubblefield and
myself traveled to Austin immediately after the April 2007 Council Meeting to
present testimony in support of HB 3181 relating to the obstruction of emergency
vehicles at railroad crossings. We were very well received by the House
Transportation Committee who advised Dennis Kearns, Legislative Counsel for
the Burlington Northern Santa Fe Railway Company (BNSF), that advising Justin
to call a 1-800 telephone number was not a permanent solution and that BNSF is
to find a solution to the problem. Mr. Kearns apologized to Justin on record and
assured the Chair of the Transportation Committee that BNSF would find a
solution.
HB 3181 was passed out of the Transportation Committee with a unanimous vote
and placed with the House of Representatives Calendaring Clerk. Due to the
volume of bills filed and calendared for hearing, time proved to be our enemy, as
midnight on Thursday, May 10, 2007, was the deadline for a bill to be voted out
of the House to the Senate. However, it’s not over yet!
Even though it was believed that HB 1757 (substitute for HB 1608) filed in
February 2007 (one month before HB 3181) was also not going to make it for
vote prior to the deadline due to the volume of bills in front of it on the calendar, it
somehow made it to the House Floor approximately nine (9) minutes prior to the
deadline. HB 1757 was debated for nine (9) minutes and voted out of the House.
HB 1757 is scheduled to be in the Senate on Monday, May 14, 2007, to be
assigned for committee hearings. HB 1757 is the like bill filed by House
Representative Bryan Hughes who represents Harrison, Camp, Wood and
Upshur Counties in East Texas. It was originally HB 1608 and after amendments
were made to include citation procedures and wording, it was reported out of
committee as a substitute bill--HB 1757 (see attached). HB 1757 is on point with
our cause and both Representative Hughes and Representative Tan Parker have
worked together from the beginning to develop a winning strategy for whichever
bill ended up with the best change to be put into law.
Representative Parker telephoned me on the morning of May 11, 2007, to advise
of the victory and reiterate what a major role that Justin has played in the
success of this cause. He commented that we will never know how much our
efforts have mattered in bringing the issue to the forefront across the State. He
indicated that Representative Hughes’ Bill would never have been so successful
without all of our outstanding efforts. We are currently waiting for a Senate
Committee hearing date for possible further testimony in support of the cause.
Representative Parker is to call me on May 14, 2007, with further news and
hearing information.
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BNSF Railway officials have requested a meeting with Justin on Monday, May
14, 2007, to discuss solutions to the problem. Denton County Commissioner
Andy Eads, Denton County Fire Marshal, Emergency Management Coordinator
and Homeland Security Coordinator Jody Gonzalez, Justin Mayor Ed Trietsch,
Justin Council Member Greg Scott, Justin Police Chief Bill Brooks, Justin Fire
Marshal Robert Stubblefield, Justin Police Secretary Deborah Scott and Justin
Business Owner Dale Roberson and myself will be in attendance of the meeting.
Please see attached copies of letters in support of our cause. Many cities and
towns across the State have forwarded approved resolutions to Representative
Parker and the Transportation Committee. Justin has secured support as far
West as the City of El Paso who expressed gratitude for Justin reaching out to
them, as they often experience railway crossing blockages up to sever (7) hours
in one of their districts. El Paso’s Legislator has been working to support this
cause in Austin since hearing from Justin. I have received calls everyday for
Mayors across our State wanting to help support the cause. Today, I received a
call from the Town of Trophy Club requesting a presentation on the issue and a
call from the Mayor of Sachse requesting an amended Resolution to start
supporting support HB 1757. I received a call from Denton County Fire Marshal
Jody Gonazlez on May 10, 2007, who advised that Emergency vehicles were
prevented from reaching an emergency site in Aubrey that morning due to
railway tracks being blocked by parked trains. It has been very rewarding to
work on something so important to the entire State’s public safety.
On Friday, the Chief of the BNSF Police and several officials were walking the
railway tracks in Justin. When approached by Justin Police Chief Bill Brooks,
they indicated that they were told to find a solution to Justin’s problem so that
one crossing would always be open for emergency vehicles to access the
Eastside of the railway tracks.
Both Senator Jane Nelson and House Representative Tan Parker indicated that
if a solution is not determined for Justin’s problem when the Legislature is
concluded, they will travel to Justin and conduct meetings between the BNSF
officials and our City officials until a solution is found.
We are moving forward to put HB 1757 into law and to negotiate the best solution
possible for Justin. This problem is a huge problem all across the State and
everyone contacted wants to see it resolved by putting something into law that
will stand-up to the Railway Companies’ challenges in Federal Courts. The
Attorneys at the Texas Legislature, the Members of House Transportation
Committee and the House Members who voted in support of both of the
foregoing bills believe either of the bills will withstand any efforts to preempt
them.
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We have come a long way in a short time and are nearing the end of this
Legislative Session. We now must work diligently to make sure HB 1757 is put
into law for the need is great.
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TOWN OF TROPHY CLUB
RESOLUTION 2007 -
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, DENTON AND TARRANT COUNTIES,
TEXAS, SUPPORTING PASSAGE BY THE TEXAS LEGISLATURE OF
HOUSE BILL 1757 REGULATING THE STOPPAGE OF TRAINS
BLOCKING STREETS, RAILROAD CROSSINGS, OR PUBLIC
HIGHWAYS PREVENTING THE FREE PASSAGE OF AUTHORIZED
EMERGENCY VEHICLES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the preservation of the public health, safety, and general welfare of
the citizens of the Town requires that authorized emergency vehicles have free and
immediate access to all areas of the Town; and
WHEREAS, it is a hazard to the public health, safety, and general welfare when
railroad trains block streets, railroad crossings, or public highways, preventing the free
passage of such authorized emergency vehicles, as well as the general public;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1. That the Town Council of the Town of Trophy Club, Texas
unanimously endorses and supports passage of House Bill No. 1757, an Act relating to
the offense of obstructing emergency vehicles at railroad crossings, by the Texas
Legislature; and
SECTION 2. That the Town Secretary is authorized and directed to furnish a
certified copy of this Resolution in support of House Bill 1757 to the elected
representatives of the City of Justin, Texas, and to other members of the Texas
Legislature to give notice of the Town’s support of this legislation; and
SECTION 3. This Resolution shall take effect immediately from and after its
passage, and it is accordingly so resolved.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Denton and Tarrant Counties, Texas, this the 21st day of May, 2007.
_______________________________
Mayor Nick Sanders
Town of Trophy Club, Texas
ATTEST:
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_______________________________
Town Secretary, Lisa Ramsey
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_______________________________
Town Attorney, Patricia Adams
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-21-2007
Subject: Agenda Item No.D.3
Discuss and take appropriate action relative to Final Plat approval of an
approximate 12.23 acre tract of land legally described as A. Medlin Survey,
Abstract No. 832, known as Churchill Downs. Applicant: Southwest T.O.O.
Development L.L.C. (FP-07-011)
A. Discuss and take appropriate action regarding the approval of the
Subdivider's Agreement for a 12.23 acre tract of land legally described as
A. Medlin Survey, Abstract No. 832, known as Churchill Downs.
STAFF COMMENTS:
P&Z Recommendation: At the April 19, 2007 meeting, the Planning & Zoning
Commission unanimously recommended approval of this request with the stipulations
that the utility easement be shown on each individual lot, and spelling errors be
corrected on Note #3, Note #4, Notary, and Vicinity Map.
Staff reviewed the revised plat and easements have been included and spelling errors
have been corrected per the Planning & Zoning Commission stipulations.
Staff Recommendation: At the May 7, 2007 Town Council meeting, Council tabled
this item as approval had not yet been obtained from the Corps of Engineers for the
right-of-way easement for the sanitary sewer line. Staff recommends that the Town
Council continue to table this item until Corps of Engineers approval is obtained.
Purpose: To consider approval of a Final Plat for an approximate 12.23 acre tract of
land legally described as A. Medlin Survey, Abstract No. 832, known as Churchill
Downs.
Staff Findings: The plat has been reviewed by the Town Engineer, Water
Department, Fire Department and Planning staff and appears to be in compliance with
the Town’s Subdivision Regulations.
(ceh)
Attachments: 1. Plat
2. 30-Day Requirement Waiver
3. Explanation of Sub-Divider’s Agreement
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A. Discuss and take appropriate action regarding the approval of the
Subdivider's Agreement for a 12.23 acre tract of land legally described as A.
Medlin Survey, Abstract No. 832, known as Churchill Downs.
EXPLANATION:
The Town Council previously approved the standard form of subdivider's agreement
used by the Town, so that the only changes for Council review are related to the details
of each individual development. As of the date of posting of this Agenda, staff is
waiting for information from the Corp of Engineers to finalize the subdivider's
agreement; therefore, a final draft of the agreement is not included in the agenda item.
In the event that staff receives the necessary information prior to the May 7 meeting, a
final draft of the subdivider's agreement will be distributed to Council for review and/or
action. If the necessary information is not received, this item may be tabled along with
the final plat approval.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-21-2007
Subject: Agenda Item No.D.4
Discuss and take appropriate action regarding the Parkland dedication for
Churchill downs.
EXPLANATION:
It is recommended that the Town not accept any land donation in an amount of less
than 5 acres. In the event that cash or in-kind is accepted the value shall be calculated
at a rate of one (1) acre per forty four (44) lots. Where Town Council determines that a
payment of money in lieu of land shall be made, the following provisions shall apply.
A. Amount Required to be Paid:
1. Any payment of money required to be paid by this Ordinance shall be in
an amount equal to the average per acre value of the whole property
included within the residential development. The acquisition price for land
shall be equal to the appraised value of the land existing in effect at the
time of Final Plat approval.
2. In determining the average per acre value of the total land included within
the proposed residential development, the Town Council may base its
determination on one or more of the following:
a. The most recent appraisal of all or part of the property made by the
central appraisal district; or
b. Confirmed sale prices of all or part of the property to be developed,
or comparable property in close proximity thereof, which have
occurred within two (2) years immediately proceeding the date of
determination; or
c. Where, in the judgment of the Town Council, (i) or (ii) above would
not, because of changed conditions, be a reliable indication of the
then current value of land being developed, an independent
appraisal of the whole property shall be obtained by the Town and
paid for by the developer.
47
Based upon the methodology for parkland dedication contained in the Town’s
ordinance, the Developer of Churchill Downs would owe $57,670 that would be
paid as money in lieu of parkland dedication. That cost calculation is based upon
the following: 35 Dwelling units require a Park Land turnover of .79 acres. Using
the land purchase price of $73,000.00 per acre would require the developer to
pay $57,670.00 in monies in lieu of land.
RECOMMENDATION:
ACTION BY COUNCIL:
(be)
Attachments: Park Land Methodology
48
49
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-21-2007
Subject: Agenda Item No.D.5
Discuss and take appropriate action regarding a request from Allied Waste
Services to adjust the holiday pick up schedule and regularly scheduled
collection days.
EXPLANATION:
Jeri Harwell and Beth Ann Gregory with Allied Waste Services will be in attendance.
Allied would like the Town to consider changing the regularly scheduled collection days
to Tuesday and Fridays and for waste collection to be moved back one day during
holiday weeks.
RECOMMENDATION:
ACTION BY COUNCIL:
()
Attachments: 1.Letter
50
51
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-21-2007
Subject: Agenda Item No.D.6
Discuss and take appropriate action regarding a Resolution determining
the total cost of the Town Of Trophy Club Public Improvement District No. 1
improvements (The Highlands At Trophy Club), preparing a proposed
assessment roll, directing the filing of the proposed assessment roll,
calling a public hearing to consider proposed assessments and providing
for the publication of notice.
EXPLANATION:
This Resolution has been placed on the agenda at the request of Centurion American.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: Resolution
52
TOWN OF TROPHY CLUB
RESOLUTION NO. ___________
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS DETERMINING THE TOTAL COST OF THE
TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1
(THE HIGHLANDS AT TROPHY CLUB) IMPROVEMENTS AS
IDENTIFIED IN EXHIBIT “A”, LIST OF PUBLIC IMPROVEMENTS;
PREPARING A PROPOSED ASSESSMENT ROLL; DIRECTING THE
FILING OF THE PROPOSED ASSESSMENT ROLL WITH THE TOWN
SECRETARY; CALLING A PUBLIC HEARING TO CONSIDER
PROPOSED ASSESSMENTS; DIRECTING THE TOWN STAFF TO
PUBLISH NOTICE OF THE PUBLIC HEARING; DIRECTING TOWN
STAFF TO MAIL NOTICE OF THE PUBLIC HEARING TO PROPERTY
OWNERS; PROVIDING AN EFFECTIVE DATE AND RESERVING THE
RIGHT OF RESCISSION BY THE TOWN.
WHEREAS, on May 7, 2007, the governing body (the “Town Council”) of the
Town of Trophy Club, Texas (the “Town”) conducted a public hearing to consider the
“Petition Requesting the Establishment of the Town of Trophy Club Public Improvement
District No. 1” (as subsequently authorized by resolution, the “District”); and
WHEREAS, the Town, by Resolution No. 2007-08 (the “Authorization
Resolution”), authorized and created the District and authorized certain categories of
public improvement projects that are authorized by Chapter 372, Texas Local
Government Code (the “Act”) including, but not limited to, landscaping, entryway
features, a development signature monument, water, wastewater, roadway, or drainage
system improvements, trails, parks and open space, as identified in Exhibit “A”, List of
Public Improvements, a copy of which is attached hereto and incorporated herein, and
special supplemental services (such as emergency services and the operation and
maintenance of the public improvement projects) (collectively, the “Authorized
Improvements”); and
WHEREAS, the Authorization Resolution includes findings by the Town Council
as required by the Act, including a finding as to the proposed method of assessment
chosen by the Town; and
WHEREAS, the Act requires that the Town Council determine the total cost of
the Authorized Improvements; and
WHEREAS, after the total cost of the Authorized Improvements has been
determined, the Act requires the Town Council to prepare a proposed assessment roll
(the “Proposed Assessment Roll”); and
53
WHEREAS, the Act requires that the Proposed Assessment Roll state the
assessment against each parcel of land in the District as determined by the method of
assessment chosen by the Town; and
WHEREAS, the Act requires that the Proposed Assessment Roll be filed with
the Town Secretary of the Town (the “Town Secretary”) and be subject to public
inspection; and
WHEREAS, the Act requires that a public hearing (the “Assessment Hearing”)
be called to consider proposed assessments and at, or on the adjournment of, the
Assessment Hearing, to hear and pass on any objections to proposed assessments;
and
WHEREAS, the Act requires that notice of the Assessment Hearing be
published and mailed to property owners.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS AS FOLLOWS:
SECTION 1. THAT the recitals set forth in this Resolution are true and correct
and are hereby adopted as findings of the Town Council.
SECTION 2. THAT subject to the other provisions of this Resolution and based
upon the proposed projects and associated costs listed in Exhibit “A”, the Town Council
hereby determines that the total cost of the Authorized Improvements is $___________
, plus the annual costs of certain supplemental services, which for calendar year 2007
will be an amount which of $_______.
SECTION 3. THAT the Town Council’s final determination and approval of the
costs of the Authorized Improvements and any portion thereof, shall each be subject to
and contingent upon Town Council approval of the Service and Assessment Plan and
Assessment Role based upon Town Council’s exercise of due diligence.
SECTION 4. THAT the Town Council shall prepare the Proposed Assessment
Roll stating the assessment against each parcel of land in the District as determined by
the method of assessment chosen by the Town in the Authorization Resolution.
SECTION 5. THAT the Town Council shall file the Proposed Assessment Roll
with the Town Secretary, which Proposed Assessment Roll shall be available for public
inspection.
SECTION 6. THAT the Town Council hereby authorizes and calls a public
hearing to be held on June 18, 2007 (in compliance with Section 372.016 of the Act) at,
or upon the adjournment of, which public hearing the Town Council shall, among other
actions, hear and pass on any objections to the proposed assessments; and, upon the
adjournment of which public hearing, the Town Council by ordinance or order shall levy
54
the assessments as special assessments on property within the District (which
ordinance or order shall specify the method of payment of the assessments).
SECTION 7. THAT, when the Proposed Assessment Roll is filed with the Town
Secretary, the Town Council hereby directs Town staff to publish notice of the public
hearing (in compliance with Section 372.016 of the Act) in the Trophy Club Times
before the 10th day before June 18, 2007.
SECTION 8. THAT, when the Proposed Assessment Roll is filed with the Town
Secretary, the Town Council hereby directs Town staff to mail to owners of property
liable for assessment notice of the public hearing (in compliance with Section 372.016
of the Act).
SECTION 9. THAT Town Staff is directed to take such other actions as are
required (including, but not limited to, notice of the public hearing as required by the
Texas Open Meetings Act) to place the public hearing on the agenda for the June 18,
2007 meeting of the Town Council.
SECTION 10. THAT this Resolution shall take effect immediately on the date it is
passed and approved by the Town Council; however, this Resolution is subject to
rescission by the Town Council at any time if upon review of the service and
assessment plan and/or the assessment role, Council determines the findings made
herein are in error.
SECTION 11. THAT the Town has within its legislative authority the right to
rescind this Resolution in the event that based upon future review of information related
to the cost of the Authorized Improvements, the Council determines that an error has
been made and that no liability shall result for the Town in its exercise of such legislative
authority for which the Town shall not bear any costs.
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas, this the 21st day of May, 2007.
_______________________________
Mayor Nick Sanders
Town of Trophy Club, Texas
ATTEST:
_______________________________
Town Secretary, Lisa Ramsey
Town of Trophy Club, Texas
[SEAL]
55
APPROVED AS TO FORM:
_______________________________
Town Attorney, Patricia Adams
Town of Trophy Club, Texas
56
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-21-2007
Subject: Agenda Item No.D.7
Discuss and take appropriate action regarding a Resolution supporting the
Safe Routes to School Program and approving the submission of a grant
application for the 2007-2008 fiscal year.
EXPLANATION:
The Safe Routes to School Program is a 100% Federal grant program designed to
provide for alternatives to motorized transportation to school. The Town of Trophy Club,
in conjunction with NISD and the Town of Marshall Creek, will be applying for funds to
construct sidewalks and controlled crosswalks near Medlin, Lakeview, and Beck
schools.
RECOMMENDATION:
ACTION BY COUNCIL:
(mm)
Attachments: 1. Resolution
57
TOWN OF TROPHY CLUB
RESOLUTION 2007-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, APPROVING THE SUBMISSION OF THE
GRANT APPLICATION FOR THE SAFE ROUTES TO SCHOOL
PROGRAM FOR THE 2007-2008 FISCAL YEAR; AUTHORIZING THE
TOWN MANAGER OR HIS DESIGNEE TO EXECUTE ALL
NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the health and safety of our children is of the highest concern to the
citizens of Trophy Club; and
WHEREAS, driving students to school by private vehicle contributes to traffic
congestion and air pollution; and
WHEREAS, being able to walk or bicycle to school along safe routes offers an
opportunity to build healthful physical activity into daily routine and arrive at school
ready to learn; and
WHEREAS, having safer routes to and from schools aims to decrease
pedestrian and bicycling related injures, not just for students, but for the entire
community; and
WHEREAS, grants are available to fund safety improvements with a two-mile
radius of elementary and middles schools through the Safe Routes to School (SRTS)
Program; and
WHEREAS, The Safe Routes to Schools program would take place during the
2007-2008 school year;
WHEREAS, the Town of Trophy Club has requested and received approval and
support of said grant application from both the Town of Marshall Creek and Northwest
Independent School District; and
WHEREAS, The Town of Trophy Club designates Brandon Emmons, Town
Manager, as the grantee's authorized official. The authorized official is given the power
to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency
and to execute or name a designee to execute all necessary documents.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the Town of Trophy Club hereby supports the Safe Routes to
School program.
58
Section 2. That the Town of Trophy Club approves submission of the grant
application for the Safe Routes to School, and authorizes the Town Manager or his
designee to execute all necessary documents.
Section 3 That this Resolution shall become effective from and after its date
of passage in accordance with law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 21st day of May, 2007.
_______________________________
Mayor Nick Sanders
Town of Trophy Club, Texas
ATTEST:
_______________________________
Town Secretary, Lisa Ramsey
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_______________________________
Town Attorney, Patricia Adams
Town of Trophy Club, Texas
59
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-21-2007
Subject: Agenda Item No.D.8
Discuss and take appropriate action on a request for Final Plat approval for
Lots 1, 2, and 3, Block A, Golf Maintenance Facility Addition, being 4.038
acres of land located in the Mary Medlin Survey, Abstract 832. Applicant:
Beck Properties Trophy Club, L.P. (FP-07-020)
OWNER/DEVELOPER: Beck Properties Trophy Club, L.P.
100 Trophy Club Drive
Trophy Club, TX 76161
REPRESENTATIVE: George H. Ballans, AIA
GHB Enterprises
5124 White Hills Drive
Fort Worth, TX 76137
EXISTING ZONING OF THE PROPERTY: This property was rezoned to CR –
Commercial Recreation in August, 2006.
ADJACENT ZONING/EXISTING LAND USES:
North: CR and R-12, both vacant, undeveloped land
South: CR, Trophy Club Country Club
East : R-12, Vacant, Undeveloped Land
West: GU, Trophy Club Municipal Utility District Wastewater Treatment Plant
STAFF COMMENTS: The Preliminary Plat was recommended for approval by the
Planning & Zoning Commission on January 18, 2007. The Town Council approved the
Preliminary Plat on February 5, 2007. The Final Plat is scheduled to be reviewed by the
Planning & Zoning Commission on May 17, 2007. Chairman Hill will advise the Town
Council of the Planning & Zoning Commission action at the Council meeting. If the
Planning & Zoning Commission takes no action on this item, the Town Council will be
asked to table this case until all plat and engineering requirements have been met.
(ceh)
Attachments: 1. Final Plat Application
2. Final Plat Drawing
60
61
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-21-2007
Subject: Agenda Item No.D.9
Discuss and take appropriate action authorizing the Town Manager to
execute an agreement for the purchase of a 2008 C4500 Type III
Ambulance, to provide for financing, and to execute all necessary
documents.
EXPLANATION:
In the current year, the Town has budgeted a $4000 interest payment (based on an
estimated total cost of $160,000), with full annual payments starting in FY08/09. This
ambulance will be the primary response vehicle, and the existing 1999 model
ambulance will be relegated to reserve status.
RECOMMENDATION:
Authorize the issuance of Contractual Obligations in the amount not to exceed $150,000
and proceed with the purchase for a 2008 C4500 Ambulance from Professional
Ambulance.
ACTION BY COUNCIL:
(be)
Attachments: 1. Professional Ambulance Sales Agreement
64
65
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-21-2007
Subject: Agenda Item No.D.10
Discuss and take appropriate action regarding a Resolution approving the
submission of the grant application for the Special Crimes Investigator, in
the amount of $71,600.00 from the 421 Criminal Justice Planning Fund, for
the 2007-2008 fiscal year and designating the Town Manager as the
authorized official for the Town.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(sk)
Attachments: 1. Memo to Council
2. Resolution
66
To: Mayor, Council, and Town Manager Date: May 15, 2007
From: Chief Kniffen Re: Special Investigator
thOn the morning of May 14 , alert police work by Officers Jim Norcross and Jason
Schmidt and expert follow-up by Detective Sgt. Tony Simmons and Officer Mike Conklin
resulted in the arrest an individual who was in the process of filming a Trophy Club child
he had manipulated into performing a suggestive dance. He had invited her to go to a
restaurant with him after school on Monday. Where this would have led we can only
imagine. This individual was charged with Indecency with a Child, Enticing a Child,
Possession of Child Pornography, and Unlawfully Carrying a Weapon. An additional
charge of Possession of Child Pornography will be filed within the next 10 days.
Further investigation included a search of the person’s home and the seizure of three
computers and volumes of pornographic material, most in digital format, of the most
disgusting and vile nature. The computers and this material were processed and
forwarded to the Secret Service. They will perform a forensic examination of the
material on the CD’s, DVD’s, floppy’s, and hard drives to determine if they can identify
past victims of crime. They will also determine if this individual was trafficking in child
pornography. If so, additional charges will be filed on the Federal level.
Crimes of this nature are exactly what this grant is all about. The internet crimes we
have investigated in the past gave us some knowledge of this sort of investigation so we
were ahead of the game in some respect. What we are lacking is training, hardware,
forensic software, and personnel specific to these investigations. Outside of the Secret
Service, I know of no other agency in the region equipped to handle these
investigations. Their forensic examination of the data and computers will take several
weeks to complete.
The Special Investigator would investigate all “cyber-crime” allegations, hold
educational sessions on internet safety for schools and civic organizations, be trained in
the forensic examination of data and computers, and investigate all sex crimes. This
investigator would present all of these investigations to the Grand Jury and see each
case through to completion. Through a partnership with the Secret Service, this
investigator would receive massive amounts of training and, possibly, the forensic
equipment needed to conduct the same type of examinations the Secret Service
performs.
Like the Mobile Crime Unit, this investigator would be available to assist local law
enforcement agencies in the investigation of these types of crimes and it is likely that he
would be called on to contribute to federal investigations as well.
If funded, it is quite possible that this position would receive Sergeant level
compensation. Due to his experience in this area, it is anticipated that Officer Mike
Conklin would be offered the position. This would require us to fill his SRO position
67
from our patrol staff, opening up an entry level position. Thus we would have a
Sergeant level investigator funded by the grant and an entry level position funded by the
Town at a lower level of compensation than that currently earned by Off. Conklin.
I urge the Council to approve this Resolution. In the investigation of the sort of crimes
mentioned in the first paragraph someone needs to take the lead. This grant will permit
us to step up and say that we are willing to lead the effort to eliminate this scourge that
threatens our children.
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TOWN OF TROPHY CLUB
RESOLUTION 2007 -
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, APPROVING THE SUBMISSION OF THE
GRANT APPLICATION FOR THE SPECIAL CRIMES INVESTIGATOR
FOR THE 2007-2008 FISCAL YEAR; AUTHORIZING THE TOWN
MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY
DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The Town of Trophy Club finds it in the best interest of the citizens
of Town of Trophy Club that the Special Crimes Investigator be operated for the 2007-
2008 fiscal year; and
WHEREAS, The Town of Trophy Club agrees to provide applicable matching
funds for the said project as required by the Special Crimes Investigator grant
application after the first year funding, as the first year funding request does not require
a cash match and;
WHEREAS, The Town of Trophy Club agrees that in the event of loss or misuse
of the Criminal Justice Division funds, The Town of Trophy Club assures that the funds
will be returned to the Criminal Justice Division in full; and
WHEREAS, The Town of Trophy Club designates Brandon Emmons, Town
Manager, as the grantee's authorized official. The authorized official is given the power
to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency
and to execute or name a designee to execute all necessary documents.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the Town of Trophy Club approves submission of the grant
application for the Special Crimes Investigator to the Office of the Governor, Criminal
Justice Division and authorizes the Town Manager or his designee to execute all
necessary documents.
Section 2. That, this Resolution shall become effective from and after its date
of passage in accordance with law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 21st day of May, 2007.
_______________________________
Mayor, Nick Sanders
Town of Trophy Club, Texas
69
ATTEST:
_______________________________
Town Secretary, Lisa Ramsey
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_______________________________
Town Attorney, Patricia Adams
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-21-2007
Subject: Agenda Item No.D.11
Discuss and provide input regarding the RFP for a Police Department
needs assessment.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(SK)
Attachments: 1. Memo
2. Needs Assessment
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MEMORANDUM
To: Mayor, Council, and Town Manager Date: May 8, 2007
From: Chief Kniffen Re: Police building
Replacement of the police facility is one of the primary issues facing us.
The building has served well past its expected lifespan and it appears that
it will have to serve for several more years.
The facility is actually five modular buildings bolted together into one
building with a brick façade. The foundation is not a concrete slab and, I
suspect, is not quite pier and beam either. The floor is plywood or particle
board, depending on what the manufacturer used at the time. The floor
has buckled in numerous places and we recently had to trim two doors to fit
over the swelling flooring.
Last fiscal year, emergency repairs were required to replace a leaking roof.
This fiscal year we have had to work on the air condition and heating
equipment however we are instituting a maintenance program may hold
major repairs or replacement at bay for a while.
Advance planning of the replacement of this facility is imperative if it is to
be a successful project. With that in mind, Patricia Adams and I have
prepared a Request for Proposal and Request for Qualifications for a
Needs Assessment. The needs assessment would give us a clear idea of
what the department would need in a facility expected to last 20 or more
years and would be conducted by a company with experience in this sort of
evaluation.
I would like to undertake the needs assessment in FY 07-08. In order to
budget accurately for this assessment, we will need to fully develop the
RFP/RFQ, send it to the appropriate firms for preparation, receive and
evaluate the responses, and select a firm to accomplish this assessment.
The cost associated with these steps would be minimal. The firm that was
selected would tell us what the needs assessment would cost and this
could be funded for and conducted in FY 07- 08.
After the needs assessment is completed, the design and engineering
phase could be undertaken. This phase could be budgeted for FY 08-09.
72
During FY 07-08, then, we would need to identify the firm we will use to
undertake this phase and receive a quote for this phase to put into the
budget for FY 08-09.
With that information we could develop or identify specific funding methods
and budget to build the facility in FY 09-10.
Issues
Part of the needs assessment would be identifying the location for the
building. I am not fully versed in the various locations that have been
discussed previously but I like the idea of all of the town offices being close
to one another. Given the space constraints this may not be possible but it
should be considered. With the extensive uses of technology this should
not be the only location considered.
Another issue is whether or not to include the municipal court room and
court clerks offices in the same building. There are valid arguments for and
against this.
Yet another issue is whether or not to include an Emergency Operations
Center (EOC) in the police facility. The town currently uses the council
chambers as the EOC and I can tell you from experience that this is not the
optimum situation. In an emergency people will frequently come to town
hall. Having the EOC at town hall presents a number of problems. The
staff members staffing the EOC will have to deal with all the issues relating
to the emergency as well as trying to answer questions, assist, or shelter
people who come to town hall. It is always best to have an EOC separate
from a shelter to avoid, among other things, interference with emergency
operations. Chief Thomas has advised that he intends to configure the
conference room in the Fire Department addition to serve this purpose so
that issue may be resolved.
Schedule
FY 06-07 Develop the RFP Needs Assessment document
Solicit input from appropriate firms
Receive and evaluate the responses
Select a firm to accomplish the assessment
73
Budget for the Needs Assessment to be accomplished in
FY 07-08
Work on developing or identifying funding sources
FY 07-08 Have the Needs Assessment done
Determine if the firm doing the Needs Assessment will be
doing the design and engineering work or develop a
RFP/RFQ for this phase and select a firm
Budget for this phase of the project to be accomplished in
FY 08-09
Continue to work on developing or identifying funding
sources
FY 08-09 Continue to work on developing or identifying funding
sources
Determine if the firm doing the design and engineering
work will be doing the construction or develop a RFP/RFQ
for this phase and select a firm.
Budget for construction to be accomplished in FY 09-10
FY 09-10 Build
74
THE TOWN OF TROPHY CLUB, TEXAS
REQUEST FOR PROPOSAL
POLICE DEPARTMENT
NEEDS ASSESSEMENT
AND CONTRACT DOCUMENTS
MAYOR
Nick Sanders
TOWN MANAGER
Brandon Emmons
Chief of Police
G. Scott Kniffen
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SECTION 1.
NOTICE TO PROPOSERS
TOWN OF TROPHY CLUB
PROJECT: POLICE DEPARTMENT NEEDS
ASSESSMENT AND CONSULTING
SERVICES
Competitive sealed Proposals for the furnishing of Police Department Needs
Assessment and Consulting Services for the Town of Trophy Club will be received at
the Town of Trophy Club Offices, 100 Municipal Drive, Trophy Club, Texas
__________ until _____ p.m. on ______, ____, 2007 and then publicly opened and
read aloud, for furnishing all labor, materials and equipment, and performing all work
required. The Town reserves the right to reject any or all proposals and waive any or all
irregularities. Proposals shall be valid for a period of ninety (90) days from the date
bids are opened.
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SECTION 2.
SPECIAL INSTRUCTIONS TO PROPOSERS
Project Name: POLICE DEPARTMENT NEEDS ASSESSEMENT SERVICES
Award of Contract: The notice of award of contract will be given by the Town of Trophy
Club (hereafter "TOWN") within ninety (90) days following the opening of bids. All
services and prices shall remain open for acceptance by Town for ninety (90) days
following the opening of bids.
The successful Proposer shall submit, within seven (7) days after notice of award of
contract, a corporate resolution, certificate of partnership, partnership agreement or joint
venture agreement which identifies the person(s) authorized to execute a contract on
behalf of the corporation, partnership, or joint venture.
The successful Proposer shall also furnish certificates of insurance that meet the TOWN
requirements within ten (10) working days after bid opening.
The right is reserved, as the interest of the Town of Trophy Club may require, to reject
any and all bids, and to waive any informality in bids received.
THE INSURANCE AFFIDAVIT provided in Section 5 of these Proposal Documents shall
be executed and returned as part of the Proposer’s response.
CONTRACT TERM: The term of the contract shall be for a period of one (1) year..
Except as otherwise specifically agreed upon by the parties in a properly executed
written modification to the Consulting Agreement, all terms, provisions and
specifications of the Consulting Agreement shall remain the same during the Contract
term.
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SECTION 3.
GENERAL CONDITIONS OF BIDDING
REQUIRED INFORMATION1. : TOWN OF TROPHY CLUB PROPOSAL
PACKETS CONTAINS VARIOUS SECTIONS REQUIRING COMPLETION. ALL
FORMS HEREIN MUST BE COMPLETED PRIOR TO THE DATE AND TIME
SET FOR PROPOSAL OPENING AND INCLUDED WITH THE PROPOSAL OR
THE CONSULTANT MAY BE FOUND NON-RESPONSIVE. CONSULTANTS
MAY BE REQUIRED TO COMPLETE AND SUPPLY ALL INFORMATION
CONTAINED IN A "SUPPLEMENTAL INFORMATION" PACKET AT A DATE
AFTER PROPOSAL OPENING. FAILURE TO COMPLETE "SUPPLEMENTAL
INFORMATION" REQUIREMENTS IN A TIMELY MANNER, PRIOR TO
COUNCIL AWARD, MAY BE USED BY THE TOWN IN DETERMINING A
PROPOSER’S RESPONSIBILITY.
INSTRUCTIONS:2. THESE INSTRUCTIONS APPLY TO ALL QUOTATIONS
AND BECOME A PART OF TERMS AND CONDITIONS OF ANY PROPOSAL
PACKET SUBMITTED.
PRICING:3. PROPOSAL PRICE(S) QUOTED MUST BE HELD FIRM FOR
NINETY(90) DAYS TO ALLOW FOR EVALUATION UNLESS OTHERWISE
STATED IN THIS DOCUMENT.
TAXES: 4. THE TOWN OF TROPHY CLUB IS EXEMPT FROM FEDERAL
MANUFACTURER’S EXCISE AND STATE SALES TAX. TAX MUST NOT BE
INCLUDED IN BID. TAX EXEMPTION CERTIFICATES WILL BE EXECUTED
BY THE TOWN AND FURNISHED UPON REQUEST.
FUNDING:5. THE TOWN OF TROPHY CLUB IS A GENERAL LAW
MUNICIPALITY OPERATED AND FUNDED ON AN OCTOBER 1 TO
SEPTEMBER 30 BASIS; ACCORDINGLY, THE TOWN RESERVES THE RIGHT
TO TERMINATE, WITHOUT LIABILITY TO THE TOWN, ANY CONTRACT FOR
WHICH FUNDING IS NOT AVAILABLE.
AUDIT:6. THE TOWN OF TROPHY CLUB RESERVES THE RIGHT TO AUDIT
THE RECORDS AND PERFORMANCE OF SUCCESSFUL PROPOSER
DURING THE CONTRACT TERM AND RENEWALS THEREOF AND FOR
THREE YEARS THEREAFTER.
INSURANCE:7. PROPOSER SHALL COMPLY WITH ALL INSURANCE
REQUIREMENTS AS SPECIFIED IN THE CONTRACT AND PROPOSAL
DOCUMENTS. FAILURE TO MEET SUCH REQUIREMENTS SHALL
DISQUALIFY THE PROPOSER FROM AWARD.
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LATE BIDS:8. PROPOSAL PACKETS RECEIVED AFTER SUBMISSION
DEADLINE SHALL BE RETURNED UNOPENED AND WILL BE CONSIDERED
VOID AND UNACCEPTABLE. THE TOWN OF TROPHY CLUB IS NOT
RESPONSIBLE FOR THE LATENESS OF MAIL CARRIER, WEATHER
CONDITIONS, ETC.
WITHDRAWAL OF PROPOSALS:.9. A PROPOSAL PRICE MAY NOT BE
WITHDRAWN OR CANCELED BY THE PROPOSER FOR A PERIOD OF
NINETY (90) DAYS FOLLOWING THE DATE DESIGNATED FOR THE
RECEIPT OF BIDS WITHOUT WRITTEN APPROVAL OF THE TOWN, AND
PROPOSER SO AGREES UPON SUBMITTAL OF PROPOSAL.
PRESENTATION OF BIDS:10. COMPLETE PROPOSAL PACKETS MUST BE
PRESENTED IN A SEALED ENVELOPE AS FURTHER SPECIFIED HEREIN.
CHANGE ORDERS:11. NO ORAL STATEMENT OF ANY PERSON SHALL
MODIFY OR OTHERWISE CHANGE, OR AFFECT THE TERMS, CONDITIONS
OR SPECIFICATIONS STATED IN THE RESULTING CONTRACT. ALL
CHANGE ORDERS TO THE CONTRACT WILL BE MADE IN WRITING BY THE
TOWN OF TROPHY CLUB.
ADDENDA:12. ANY INTERPRETATIONS, CORRECTIONS OR CHANGES TO
THIS PROPOSAL PACKET WILL BE MADE BY ADDENDA. ADDENDA WILL
BE SENT TO ALL WHO ARE KNOWN TO HAVE RECEIVED A COPY OF THIS
PROPOSAL PACKET. IF THE ADDENDA CONTAINS CHANGES TO THE
"SPECIFICATION" OR "BID FORM", PROPOSERS SHALL ACKNOWLEDGE
RECEIPT OF ALL ADDENDA OR THEY WILL BE DECLARED NON-
RESPONSIVE.
PREPARATION COST:13. THE TOWN WILL NOT BE LIABLE FOR ANY COSTS
ASSOCIATED WITH THE PREPARATION, TRANSMITTAL, OR
PRESENTATION OF ANY PROPOSALS OR MATERIALS SUBMITTED IN
RESPONSE TO ANY REQUEST FOR BID, QUOTATION, OR PROPOSAL.
MINOR DEFECT:14. THE TOWN RESERVES THE RIGHT TO WAIVE ANY
MINOR DEFECT, IRREGULARITY, OR INFORMALITY IN ANY BID. THE
TOWN MAY ALSO REJECT ANY OR ALL BIDS.
PROPOSAL OPENINGS:15. ALL PROPOSALS SUBMITTED WILL BE READ AT
THE TOWN’S SCHEDULED PROPOSAL OPENING FOR THE DESIGNATED
PROJECT. HOWEVER, THE READING OF A PROPOSAL AT SUCH
OPENING SHOULD NOT BE CONSTRUED AS A COMMENT ON THE
RESPONSIVENESS OF PROPOSAL BID OR AS ANY INDICATION THAT THE
TOWN ACCEPTS SUCH PROPOSAL AS RESPONSIVE.
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THE TOWN WILL MAKE A DETERMINATION AS TO THE RESPONSIVENESS OF
PROPOSALS SUBMITTED BASED UPON COMPLIANCE WITH ALL APPLICABLE
LAWS, TOWN OF TROPHY CLUB PURCHASING GUIDELINES, AND PROJECT
DOCUMENTS, INCLUDING BUT NOT LIMITED TO THE PROJECT SPECIFICATIONS
AND CONTRACT DOCUMENTS. THE TOWN WILL NOTIFY THE SUCCESSFUL
PROPOSER UPON AWARD OF THE CONTRACT AND, ACCORDING TO STATE
LAW, ALL PROPOSALS RECEIVED WILL BE AVAILABLE FOR INSPECTION AT
THAT TIME.
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SECTION 4.
INTRODUCTION/SPECIFICATIONS
Town of Trophy Club, Texas
Proposal Name: Police Department Needs Assessment and Consulting Services
Introduction
The Town of Trophy Club, Texas, invites firms and individuals (referred to as
consultants) to submit proposals for the provision of Police Department Needs
Assessment and Consulting Services to the Town of Trophy Club.
The TOWN OF TROPHY CLUB population is estimated at approximately 8,000 in
residential. The population is anticipated to rise greatly within the next decade.
Currently, the City has reached a 60% point in its development as a community, with
approximately 40% undeveloped land within its boundaries. The County population
growth estimates reflect proposed populations increase in TOWN OF TROPHY CLUB,
by the year 2016, reaching in excess of 13,000 people. In addition to the new
development, a new multi-story high school will be built within the Town of Trophy Club
and is expected to be finished by 2009. A new police facility will be required to function
for a minimum of 20 years and handle the department’s anticipated growth needs.
Background
The Town of Trophy Club isa home rule municipality (“Town”). The Town was
incorporated in 1985. The TOWN OF TROPHY CLUB is planning to construct a new
Police Facility. The exact timetable for construction has not yet been determined,
although it is anticipated to begin in 2009. The Police Building will house the entire
police operation. This will include a property room for evidence storage, records
retention area, Emergency Operations Center, training classroom and briefing rooms,
men’s and women’s locker rooms, offices for administrative use, conference and
meeting rooms to accommodate various sized groups, a public community room,
undercover vehicle storage, sufficient on site secure parking, and other areas as
necessary. Currently, the Trophy Club Police Department employs 11 full-time sworn
officers, 2 Public Safety Officers, five part-time or reserve officers and one non-sworn
personnel. We also house a contingent of the Texas Department of Public Safety
Troopers and the Animal Control Officer. Consideration may be given to including the
Municipal Court facility in the same building.
It is anticipated that the budget will be set by the needs assessment.
Objective
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I. The facility needs assessment study will consist of the following:
A. Study of the routine operations as required in order to achieve a thorough
understanding of the operations of the department.
B. Identify and determine, for each operational element, a set of specific space
needs for both current and long-term projected (20 years) operations.
C. Determine the interaction/adjacency priorities of the operational elements.
D. Determine site needs, including site review of some pre-selected sites and
future parking requirements after initial occupancy.
E. Provide approximate construction, equipment, and furnishings costs for the
new public safety building (including site procurement).
F. Develop and personally present three (3) copies of the study report.
Item 1 – Scope of Work
Services provided by the consultant will include, but are not limited to:
• Study the routine operations as required in order to achieve a thorough
understanding of the operations of the department.
• Identify and determine, for each operational element, a set of specific space
needs for both current and long-term projected (20 years) operations.
• Determine the interaction/adjacency priorities of the operational elements.
• Determine site needs, including site review of some pre-selected sites and
future parking requirements after initial occupancy.
• Provide approximate construction, equipment, and furnishings costs for the
new public safety building (including site procurement).
• Develop and personally present three (3) copies of the study report.
• Serving as a third party consultant at various meetings, including but not
limited to meetings with staff, developers, applicants, or public meetings.
Because the Town will be reviewing all proposals not only for qualifications but to
determine which proposal provides the best value, each Consultant shall provide costs
for services as follows:
1) itemized cost for each service provided
2) an hourly rate
3) a monthly retainer
Methods of Selection
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Proposals will be reviewed and evaluated on the ability of consultants or companies to
meet or exceed the requirements set forth in the specifications. Determination of the
respondents to perform accordingly shall be made by the Town.
Appropriate staff of the Town of Trophy Club will interview the finalists prior to a
recommendation being made by staff to the Town Council. Town Council will have final
approval of the contract. The person(s) who are interviewed by staff must be the
personnel who will manage and provide the services requested hereunder.
Evaluation Criteria
Proposals will be evaluated on various criteria, including but not limited to the factors
listed below.
1. Consultant’s understanding of and compliance with the intent and requirements
of this governmental Needs Assessment Request For Proposal.
2. Experience in providing Needs Assessment services, including but not limited to
the specific services identified in this proposal.
3. Experience dealing with municipalities and other governmental entities relative to
Police, Court, and other emergency services, including but not limited to those
outlined herein.
4. Ability, capacity, skill and organization of the respondent to provide services
within budget and required timeline.
5. The character, integrity, reputation, judgment and efficiency of the consultant.
6. Manner in which the consultant will work with the staff (i.e. accessibility,
geographic location, dedicated contact person or project manager, etc.).
7. Quality of proposal and presentation materials.
8. Pricing and Best Value.
Weight of Evaluation Criteria:
All proposals will be evaluated on the foregoing criteria. The weights attached to those
areas are as follows:
Number 1, 5, and 7: 10%
Numbers 2, 3 and 4: 50%
Number 6: 15%
Number 8: 25%
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SECTION 5.
PROPOSAL
Contents/Form of Proposal
The Consultant will deliver three (3) copies of their proposal to the Town of Trophy Club,
Attention: Finance Director, 100 Municipal Drive, Trophy Club, Texas 76262. The
Consultant also will provide an unbound original of the proposal for additional copying
purposes by Town staff. Proposals must be on 8-1/2” by 11” paper. Such proposal
shall be submitted with the Town of Trophy Club Police Facility clearly identified
on the exterior of the proposal package.
The Consultant’s proposal must be in compliance with the substance and form
requirements specified herein or it may not be considered. It must be complete and can
be supported by samples of previous projects. The following is required for the
evaluation process, but additional information may be submitted:
In order to facilitate the review process, proposals must be submitted in the format
specified herein below. Additional information may be provided; however, in order
to be considered, the Consultant must provide a separate response to each of the
following criteria categories in the required format.
CRITERIA NO. 1:
Experience in providing needs assessment services and number and
qualifications of staff members assigned to the Town of Trophy Club.
Response:
CRITERIA NO. 2:
Prior experience dealing with municipalities and other governmental entities.
Response:
CRITERIA NO. 3:
Proposed work schedule and time parameters for completion of the Needs
Assessment.
Response:
CRITERIA NO. 4:
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Detailed description of how the consultant proposes to accomplish this project.
Response:
CRITERIA NO. 5:
Manner in which the consultant will work with the Town of Trophy Club
Response:
CRITERIA NO. 6:
List of relevant projects and clients that may be contacted for additional information.
Response:
CRITERIA NO. 7:
History of the firm
Response:
CRITERIA NO. 8:
Consultant’s professional and technical qualifications to perform the services
requested, including the ability, capacity, skill and organizational structure of the
respondent to provide services within budget and required timeline. Identify individuals
who will be assigned to serve the Town of Trophy Club, their professional
qualifications, and length of time with the firm.
Response:
CRITERIA NO. 9:
Description of the character, integrity, reputation, judgment and efficiency of the
consultant.
Response:
CRITERIA NO. 10:
Provide financial stability and credit history.
Response:
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CRITERIA NO. 11:
Provide pricing based upon each of the following methods:
a. itemized cost for each service provided
b. an hourly rate
c. a monthly retainer
Response:
Contract Documents
The Consultant whose proposal is recommended for approval to the Town of Trophy
Club will be required to execute a written contract. The terms of the contract will require
the Consultant to provide insurance. This Request For Proposal and the successful
Consultant’s response will be incorporated into the contract documents. The Contract
Documents are attached hereto as Exhibit “A”.
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Exhibit “A”
Consultant Services Contract
AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS AND
______________
FOR CONSULTANT SERVICES-POLICE DEPARTMENT NEEDS
ASSESSMENT
THIS CONTRACT is made and entered by and between ________________,
whose address is ______________________, hereinafter referred to as “Consultant”,
and the TOWN OF TROPHY CLUB, TEXAS, hereinafter referred to as “Town”, for
consulting services to provide Police Department Needs Assessment to be effective
upon approval of the Trophy Club Town Council and subsequent execution by the
Trophy Club Town Manager or her designee.
W I T N E S S E T H:
WHEREAS, the Town has identified a need to retain Consultant to provide Town
with Police Department Needs Assessment and support services (hereinafter the
“Project”); and
WHEREAS, Town desires to engage the services of the Consultant to assist in
such Project and to render its services on the terms and conditions provided in this
Agreement; and
WHEREAS, Consultant agrees to render its services to Town as provided herein;
THEREFORE, Town hereby engages the services of Consultant, and in
consideration of the mutual promises herein contained, the parties agree as follows:
I.
SCOPE OF WORK
Consultant shall provide all services necessary to provide Police Department
Needs Assessment and support services to Town. Such work shall be performed in
accordance with the terms and conditions outlined in this Agreement; in the Town’s
Request for Proposal for “Consulting Services for Police Department Needs
Assessment”, a copy of which is attached hereto and incorporated herein for all
purposes as Exhibit “A”; and in the Consultant’s Proposal, a copy of which is attached
hereto and incorporated herein for all purposes as Exhibit “B”. Such documents shall
hereinafter be referred to collectively as “Contract Documents”. In resolving
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inconsistencies among two or more of the Contract Documents or sections of the
Contract Documents, priority of interpretation shall be in the following order: this
Agreement for Consultant Services for Police Department Needs Assessment; Town’s
Request for Proposal for “Consulting Services for Police Department Needs
Assessment”, Exhibit “A”; and Consultant’s Proposal, Exhibit “B”.
II.
TERM
The term of this Contract shall be a period of one (1) year commencing upon the
date of approval by the Trophy Club Town Council. This Agreement may be renewed at
the option of the Town for two (2) additional terms of one (1) year each upon thirty (30)
days written notice to Consultant. This Agreement may be terminated by Town as
provided herein.
III.
COMPENSATION / OWNERSHIP OF DOCUMENTS
3.01 Compensation. In consideration for the services to be rendered under this
Agreement, including all expenses, the Consultant shall be paid a fee not to exceed
____________________ ($__________). Consultant may invoice Town upon
completion and acceptance of services to be provided or may invoice Town on a
monthly basis. Such invoices shall be itemized to show services performed, expenses
and corresponding charges. Consultant shall keep accurate records of its services and
expenses incurred in the performance of this Agreement and shall make the same
available to Town for inspection and copying upon five (5) days notice thereof. These
records shall be kept by Consultant for two (2) years following the expiration of this
Agreement.
3.02 Fiscal Funding. Consultant and Town recognize that the continuation of any
contract after the close of any given fiscal year of the Town of Trophy Club, which fiscal
year ends on September 30th of each year, shall be subject to Town Council approval.
In the event that the Town Council does not approve the appropriation of funds for this
contract, the contract shall terminate at the end of the fiscal year for which funds were
appropriated and the parties shall have no further obligations hereunder.
3.03 Maximum Compensation Upon Termination By Town or Consultant. In the
event of termination by Town with or without cause and subject to the terms of §3.02
herein, the Consultant shall be compensated only for actual approved expenses and
fees incurred by Consultant in providing those services acceptable to Town which are
within the scope of work under the Contract Documents to the effective date of
termination, unless otherwise specifically stated in the notice of termination. Approved
expenses do not include overhead such as utilities, rent, insurance, etc., and shall not
exceed the total amount due under this Agreement.
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3.04 Ownership of Documents. All information, documents, records and reports
developed as a result of the services provided under this Agreement shall be the
property of the Town (hereinafter “Documents”). Any use by Consultant of the
information developed hereunder, whether for publication or for work with other clients,
must receive prior written permission from the Town. During the term and all renewals
of this Agreement, all such information and Documentation generated, compiled,
collected or collated shall be maintained in the format required by Town. Further, all
such information and Documentation shall be returned to Town upon termination of this
Agreement, and upon such termination shall be returned in the format required by
Town.
IV.
SUCCESSORS AND ASSIGNS/AGENTS OR ASSISTANTS
4.01 Successors and Assigns. Town and Consultant each bind themselves, their
successors, executors, administrators and assigns to the other party to this Agreement.
Neither Town nor Consultant will assign, sublet, subcontract or transfer any interest in
this Agreement without the prior written consent of the other party. No assignment,
delegation of duties or subcontract under this Agreement will be effective without the
written consent of Town. Subject to the provision regarding assignment, this Agreement
shall be binding on the administrators, legal representatives, successors, and assigns of
the respective parties.
4.02 Use of Agents or Assistants. Subject to the foregoing, to the extent reasonably
necessary for the Consultant to perform its duties hereunder, Consultant may engage
the services of any agents or assistants which it may deem proper, and it may further
employ, engage, or retain the services of such other persons or corporations to aid or
assist it in the proper performance of its duties. The cost of the services of such agents
or assistants shall be borne by Consultant at its sole cost and expense. Consultant
further agrees that the subcontracting of any portion or feature of the work, or materials
required in the performance of this Contract, shall not relieve Consultant from its full
obligations to Town as provided by this Contract.
V.
FACILITIES
Consultant shall be responsible for providing all necessary facilities, personnel,
equipment, materials or other items necessary to perform the services required of it
hereunder; provided, however, that Town shall cooperate with Consultant by providing
space that Town has available for meetings, conferences, presentations, etc.
VI.
INDEMNIFICATION
Consultant shall release, defend, indemnify and hold harmless Town and its
officials, officers, agents and employees from and against all damages, injuries
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(including death), claims, property damages (including loss of use), losses, demands,
suits, judgments and costs, including attorney’s fees and expenses, in any way arising
out of, related to, or resulting from the performance of the work or caused by the
negligent act or omission of Consultant, its officers, agents, employees, subcontractors,
licensees, invitees or any other third parties for whom Consultant is legally responsible
(hereinafter “Claims”). Consultant is expressly required to defend Town against all such
Claims.
In its sole discretion, Town shall have the right to approve defense counsel to be
retained by Consultant in fulfilling its obligation hereunder to defend and indemnify
Town, unless such right is expressly waived by Town in writing. Town reserves the right
to provide a portion or all of its own defense; however, Town is under no obligation to do
so. Any such action by Town is not to be construed as a waiver of Consultant’s
obligation to defend Town or as a waiver of Consultant’s obligation to indemnify Town
pursuant to this Contract. Consultant shall retain Town approved defense counsel
within seven (7) business days of Town’s written notice that Town is invoking its right to
indemnification under this Contract. If Consultant fails to retain Counsel within such
time period, Town shall have the right to retain defense counsel on its own behalf, and
Consultant shall be liable for all costs incurred by Town.
VII.
INSURANCE
Consultant shall provide insurance meeting the requirements of Exhibit “C”, a
copy of which is attached hereto and incorporated herein, throughout the term of this
Agreement and all such renewals thereof.
VIII.
INDEPENDENT CONTRACTOR
Consultant covenants and agrees that he or she is an independent contractor
and not an officer, agent, servant or employee of Town; that Consultant shall have
exclusive control of and exclusive right to control the details of the work performed
hereunder and all persons performing same, and shall be responsible for the acts and
omissions of its officers, agents, employees, contractors, subcontractors and
consultants; that the doctrine of respondeat superior shall not apply as between Town
and Consultant, its officers, agents, employees, contractors, subcontractors and
consultants, and nothing herein shall be construed as creating a partnership or joint
enterprise between Town and Consultant.
IX.
TERMINATION
9.01 Option. Town may, at its option, without cause, and without prejudice to any
other remedy it may be entitled to at law, in equity, or otherwise under this Contract,
terminate further work under this contract, in whole or in part by giving at least thirty (30)
90
days prior written notice thereof to Consultant with the understanding that all services
being provided by Consultant shall cease upon the date such notice is received unless
otherwise specifically stated in the notice of termination.
9.02 Cause. Town reserves the right to terminate this contract immediately upon
breach of any term or provision of the Contract Documents by Consultant; or if at any
time during the term of this contract, Consultant shall fail to commence the work in
accordance with the provisions of the Contract Documents or fail to diligently provide
services in an efficient, timely and careful manner and in strict accordance with the
provisions of the Contract Documents, or fail to use an adequate number or quality of
personnel or equipment to complete the work or fail to perform any of its obligations
under the Contract Documents, then Town shall have the right, if Consultant shall not
cure any such default after fifteen (15) days written notice thereof, to terminate this
contract and complete the work in any manner it deems desirable, including engaging
the services of other parties therefore. Any such act by Town shall not be deemed a
waiver of any other right or remedy of Town.
9.03 Costs. If after exercising any remedy provided herein, the cost to Town of the
performance of the balance of the work is in excess of that part of the contract sum
which has not therefore been paid to Consultant hereunder, Consultant shall be liable
for and shall reimburse Town for such excess.
X.
EQUAL OPPORTUNITIES
Consultant shall not discriminate against any employee or applicant for
employment because of race, age, color, religion, sex, disability, ancestry, national
origin or place of birth. Consultant shall take action to ensure that applicants are
employed and treated without regard to their race, age, color, religion, sex, disability,
ancestry, national origin or place of birth. This action shall include but not be limited to
the following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection of training including apprenticeship.
XI.
APPLICABLE LAW/ INDEMNITY
Consultant shall at all times observe and comply with all Federal, State and local
laws, ordinances and regulations, which in any manner affect Consultant or the work,
and shall release, defend, indemnify and hold harmless Town against any claim
arising from the violation of any such laws, ordinances and regulations whether
by Consultant or its employees. If Consultant performs any work contrary to such
laws, ordinances, rules and regulations, Consultant shall bear all costs arising
therefrom.
XII.
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SEVERABILITY
The provisions of this Contract are severable. If any paragraph, section,
subdivision, sentence, clause, or phrase of this Contract is for any reason held to be
contrary to the law or contrary to any rule or regulation having the force and effect of the
law, such decisions shall not affect the remaining portions of the Contract.
XIII.
NONWAIVER
It is expressly understood and agreed that, in the execution of this Agreement,
Town does not waive nor shall Town be deemed hereby to have waived any immunity
or defense that would otherwise be available to it. It is further agreed that one (1) or
more instances of forbearance by Town in the exercise of its rights herein shall in no
way constitute a waiver thereof.
XIV.
PARAGRAPH HEADINGS
The descriptive headings of the several Articles, Sections and Paragraphs
contained in this Agreement are inserted for convenience only and shall not control or
affect the meaning or construction of any of the provisions hereof.
XV.
CONTRACT INTERPRETATION
Although this Agreement is drafted by the Town, should any part be in dispute,
the parties agree that the Agreement shall not be construed more favorably for either
party.
XVI.
ENTIRE AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in
writing, between the parties hereto with respect to the subject matter hereof, and no
other agreement, statement, or promise relating to the subject matter of the Contract
Documents which is not contained herein shall be valid or binding. The parties agree
that the Contract Documents constitute the entire understanding of the parties.
XVII.
GOVERNING LAW / VENUE
The validity of this Agreement and of any of its terms or provisions, as well as the
rights and duties of the parties hereunder, shall be governed by the laws of the State of
Texas. The parties agree that it is performable in Denton County, Texas and that
exclusive venue shall be in Denton County, Texas.
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IN WITNESS WHEREOF, the parties have executed this Contract on the dates
indicated below.
CONSULTANT
Date: ______________ BY: __________________________
Name:_____________________
Title:______________________
TOWN OF TROPHY CLUB, TEXAS
Date: ______________ BY: __________________________
Nick Sanders
Mayor
APPROVED AS TO FORM:
_________________________________
Patricia A. Adams, TOWN ATTORNEY
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ACKNOWLEDGMENTS
STATE OF TEXAS )
)
COUNTY OF __________ )
This instrument was acknowledged before me on the _____ day of
___________________, 200__, by _________________, ________________, of
__________________________ a _____________ corporation, on behalf of such
corporation.
_______________________________
Notary Public, State of Texas
STATE OF TEXAS )
)
COUNTY OF DENTON )
This instrument was acknowledged before me on the _______ day of
_________________, 200___ by NICK SANDERS, Mayor of the TOWN OF TROPHY
CLUB, TEXAS, a home rule municipal corporation, on behalf of such corporation.
________________________________
Notary Public, State of Texas
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EXHIBIT “C”
INSURANCE & INDEMNITY
INSURANCE: (Review this section carefully with your insurance agent.)
1. General Insurance Requirements:
1.1 The Consultant/Vendor/Supplier (hereinafter called “Consultant”) shall not
start work under this contract until the Consultant has obtained at his own
expense all of the insurance called for here under and such insurance has
been approved by the Town; nor shall the Consultant allow any
subcontractor to start work on any subcontract until all insurance required
of the subcontractor has been so obtained and approved by the
Consultant. Approval of insurance required of the Consultant and
subcontractors for the Town of Trophy Club will be granted only after
submission to the Town of original, signed certificates of insurance or,
alternately, at the Town 's request, certified copies of the required
insurance policies.
1.2 The Consultant shall require all subcontractors to maintain during the term
of this agreement, Commercial General Liability insurance, Business
Automobile Liability insurance, and Workers' Compensation and
Employer's Liability insurance, in the same manner as specified for the
Consultant. The Consultant shall furnish subcontractors' certificates of
insurance to the Town immediately upon request.
1.3 All insurance policies required hereunder shall be endorsed to include the
following provision:
1.3.1 "It is agreed that this policy is not subject to cancellation, non-
renewal, material change, or reduction in coverage until ten (10)
days prior written notice has been given to the Town of Trophy
Club".
NOTE: The words "endeavor to" and "but failure to mail such notice shall impose
no obligation to liability of any kind upon the company, its agents or
representatives" are to be eliminated from the cancellation provision of standard
ACORD certificates of insurance.
1.3.2 Town shall be named as additional insured on all policies, except
for Consultant Liability and Workers Compensation.
1.3.3 Town shall be provided with Waiver of Subrogation on Workers'
Compensation or Alternative program if applicable.
1.4 No acceptance and/or approval of any insurance by the Town shall be
construed as relieving or excusing the Consultant, or the surety, or its
bond, from any liability or obligation imposed upon either or both of them
by the provisions of the Contract Documents.
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1.5 The Town of Trophy Club (including its elected and appointed officials,
agents, volunteers, and employees) is to be named as an additional
insured under all coverages except Workers' Compensation and
Automobile Liability, and the certificate of insurance, or the certified policy,
if requested, must so state. Coverage afforded under this paragraph shall
be primary as respects the Town, its elected and appointed officials,
agents and employees.
1.5.1 The following definition of the term "Town" applies to all policies issued
under the contract:
The Town Council of the Town of Trophy Club and any affiliated or
subsidiary Board, Authority, Committee, or Independent Agency
(including those newly constituted), provided that such affiliated or
subsidiary Board, Authority, Committee, or Independent Agency is
either a Body Politic created by the Town Council of the Town of
Trophy Club, or one in which controlling interest is vested in the
Town of Trophy Club; and Town of Trophy Club Constitutional
Officers.
1.6 INDEMNITY. The Consultant covenants to release, defend, hold
harmless and indemnify the Town and all of its elected or appointed
officials, agents and employees (collectively the "Town ") from and against
any and all claims, loss, damage, injury, cost (including court costs and
attorney's fees), charges, liability or exposure, however caused, resulting
from or arising out of or in any way connected with the Consultant's
negligent performance or non-performance of the terms of the Contract
Documents or its obligations under the Contract. This indemnification
shall continue in full force and effect until the Consultant completes all of
the work required under the Contract, except that indemnification shall
continue for all claims involving Consultant services after final acceptance
of the work by the Town for which the Town gives notice to the Consultant
after the Town 's final acceptance of the work.
1.7 The Consultant shall be responsible for the work performed under the
Contract Documents and every part thereof, and for all materials, tools,
equipment, appliances, and property of any and all descriptions used in
connection with the work. The Consultant assumes all risks for direct and
indirect damage or injury to the property or persons used or employed on
or in connection with the work contracted for, and of all damage or injury
to any person property wherever located, resulting from any action,
omission, commission or operation under the Contract, or in connection in
any way whatsoever with the contracted work, until final acceptance of the
work by the Town.
1.8 Insurance coverage required in these specifications shall be in force
throughout the Contract Term. Should the Consultant fail to provide
acceptable evidence of current insurance within seven (7) days of written
notice at any time during the Contract Term, the Town shall have the
absolute right to terminate the Contract without any further obligation to
the Consultant, and the Consultant shall be liable to the Town for the
entire additional cost of procuring performance and the cost of performing
the incomplete portion of the Contract at time of termination.
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1.9 Contractual and other liability insurance provided under this Contract shall
not contain a supervision, inspection or engineering services exclusion
that would preclude the Town from supervising or inspecting the project as
to the end result. The Consultant shall assume all on-the-job
responsibilities as to the control of persons directly employed by it and of
the subcontractors and any persons employed by the subcontractor.
1.10 Nothing contained in the specifications shall be construed as creating any
contractual relationship between any subcontractor and the Town. The
Consultant shall be as fully responsible to the Town for the acts and
omissions of the subcontractors and of persons employed by them as it is
for acts and omissions of persons directly employed by it.
1.11 Precaution shall be exercised by the Consultant at all times for the
protection of persons, (including employees) and property. All existing
structures, utilities, roads, services, trees and shrubbery shall be protected
against damage or interruption of service at all times by the Consultant
and its subcontractors during the term of the Contract, and the Consultant
shall be held responsible for any damage to property occurring by reason
of its operation on the property.
1.12 Written requests for consideration of alternate coverages must be
received by the Town Purchasing Manager at least ten (10) working days
prior to the date set for receipt of bids or proposals. If the Town denies
the request for alternative coverages, the specified coverages will be
required to be submitted.
1.13 All required insurance coverages must be acquired from insurers
authorized to do business in the State of Texas and acceptable to the
Town. The Town prefers that all insurers also have a policyholder's rating
of "A-" or better, and a financial size of "Class VI" or better in the latest
edition of A.M. Best, or A or better by Standard and Poors, unless the
Town grants specific approval for an exception, in the same manner as
described in 1.13 above.
1.14 The Town will consider deductible amounts as part of its review of the
financial stability of the bidder. Any deductibles shall be disclosed in the
Consultant’s proposal and all deductibles will be assumed by the
Consultant. Consultant may be required to provide proof of financial ability
to cover deductibles, or may be required to post a bond to cover
deductibles.
2. Consultant's Insurance - "Occurrence" Basis; Except as Specifically
Provided:
2.1 The Consultant shall purchase the following insurance coverages:
2.1.1 Commercial General Liability - Such Commercial General Liability
policy shall include the following:
i. General aggregate limit is to apply per project.
97
ii. Premises/Operations:
iii. Actions of Independent Contractors;
iv. Products/Completed Operations to be maintained for one
year. Final completion and acceptance of the work, with
evidence of same filed with owner.
v. Contractual Liability including protection for the Consultant
from claims arising out of liability assumed under this
contract;
vi. Personal Injury Liability including coverage for offenses
related to employment;
vii. Explosion, Collapse, or Underground (XCU) hazards; if
applicable. Coverage required for any and all work involving
drilling, excavation, etc.
2.1.2 Business Automobile Liability including coverage for any owned,
hired, or non-owned motor vehicles and automobile contractual
liability.
2.1.3 Workers' Compensation - statutory benefits as required by the
State of Texas, or other laws as required by labor union
agreements, including Employers' Liability coverage.
2.2 Consultant Errors and Omissions – Claims Made Basis
Consultant shall carry Consultant Liability insurance which will pay for
injuries arising out of errors or omissions in the rendering, or failure to
render Consultant services under the contract, for the term of the Contract
Documents and up to three years after the contract is completed in the
amount following amount:
Consultant Errors and Omissions, Limit $1,000,000
98
SECTION 5.
INSURANCE REQUIREMENT AFFIDAVIT
TO BE COMPLETED BY APPROPRIATE INSURANCE AGENT
MUST BE RETURNED AS PART OF BID
I, the undersigned agent, certify that the insurance requirements contained in this bid
document have been reviewed by me with the below-identified Consultant. If the below-
identified Consultant is awarded this contract by the Town of Trophy Club, I will be able,
within ten (10) working days after being notified of such award, to furnish a valid
insurance certificate to the Town meeting all of the requirements contained in this bid.
Agent’s Signature Agent Name (Print or Type)
Name of Insurance Carrier
Address of Agency
City/State
Phone Number
Name of Contractor (Print or Type)
SUBSCRIBED AND SWORN TO before me this ____________ day of
__________________, ______.
________________________________
Notary Public, State of Texas
NOTE TO AGENT:
If this time requirement is not met, the Town has the right to declare this
vendor non-responsible and award the contract to the alternate Proposer
meeting the specifications. If you have any questions concerning these
requirements, please contact the Town of Trophy Club at 682/831-4600.
99
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-21-2007
Subject: Agenda Item No.D.12
Discuss and take appropriate action regarding a Resolution authorizing the
Police Department to adopt a policy to allow the towing of vehicles if proof
of liability insurance cannot be obtained.
EXPLANATION:
The Police Department has developed the department policy on towing uninsured
vehicles in accordance with direction received from Council. When the resolution is
approved, the policy will take effect as Chapter 30, Section 10 of the Police Department
Manual.
RECOMMENDATION:
ACTION BY COUNCIL:
(SK)
Attachments: 1. Resolution
100
TOWN OF TROPHY CLUB
RESOLUTION NO. 2007-
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, AUTHORIZING THE POLICE DEPARTMENT
TO ADOPT A POLICY TO ALLOW THE TOWING OF VEHICLES IF
THE OWNER OR OPERATOR IS UNABLE TO PROVE LIABILITY
INSURANCE COVERAGE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, many vehicle owners fail to obtain liability insurance coverage as
required by law, which increases the cost of such coverage for owners who do obtain
such insurance; and
WHEREAS, the Town of Trophy Club desires to be proactive in making sure
that uninsured vehicles are kept off our streets and highways;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. The Town Council desires to protect the citizens of the Town of
Trophy Club by having a policy that allows the Police Department to have vehicles
towed if proof of liability insurance cannot be obtained.
Section 2. That this Resolution shall become effective immediately upon
passage and approval, and it is so resolved.
PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, this 21st day of May, 2007.
________________________________
Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
___________________________________
Town Secretary
Town of Trophy Club, Texas
[Seal]
APPROVED AS TO FORM:
____________________________________
101
Town Attorney
Town of Trophy Club, Texas
102
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-21-2007
Subject: Agenda Item No.D.13
Discuss and take appropriate action to approve financials for both March
and April 2007 and to approve a variance report dated April 2007.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
103
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-21-2007
Subject: Agenda Item No.D.14
Discuss and take appropriate action regarding the regularly scheduled
Town Council meetings for July.
EXPLANATION:
Staff would like for Council to consider rescheduling the regularly scheduled meetings
on July 2nd and 16th to July 9th and July 23rd.
RECOMMENDATION:
ACTION BY COUNCIL:
(BE)
Attachments: None
104
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-21-2007
Subject: Agenda Item No.D.15
Discuss and take appropriate action to approve Minutes dated, March 19,
2007.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Minutes dated, March 19, 2007
105
MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, March 19, 2007
6:30 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, March 19,
2007. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Roger Williams Mayor Pro Tem
Susan Edstrom Council Member
Philip Sterling Council Member
Gregory Lamont Council Member
TOWN COUNCIL MEMBERS ABSENT:
Pam Cates Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Beth Ann Gregory Community Development Director
Sakura Moten-Dedrick Finance Director
Jim Buxton Financial Analyst
Adam Adams Parks and Recreation Director
Scott Kniffen Police Chief
A.1 Mayor Sanders called the Regular Session to order at 6:31 p.m. noting a quorum was present.
A.2 Work Session: Discuss and review items posted to the March 19, 2007 Agenda, including but
limited to Items C.4 and C.6.
Town Manager Emmons addressed Item C.6 and pointed out the overages mentioned in the Auditor’s
letter had Council’s prior approval. For the line items needing to be amended, Emmons referenced page
66 of the packet, explaining the Ordinance would allow for the expenditures in addition to off setting the
revenue accounts.
Council member Lamont confirmed the $474,000 expense was for Harmony Park not Trophy Club Park
as indicated.
Mayor Pro Tem Williams asked if the PID could reimburse the engineering expense. Town Manager
Emmons said part of the expense was a result from DR Horton and the Town is unable to hold Horton
accountable. Town Attorney Patricia Adams confirmed part of this overage was related to the Horton
application and is not reimbursable under the PID; the remaining $20,000 was the annual engineering
costs.
Mayor Pro Tem Williams asked at what point the auditors take note of overruns on any given line item.
Finance Director, Sakura Moten-Dedrick responded the auditors review the overruns by department and
how often it occurs; the Town is held to the total fund amount.
106
Mayor Sanders questioned if the expense of the approved water study was included under professional
outside service and asked if the Town needed to conduct another study. Finance Director, Sakura
Moten-Dedrick said staff was asking to increase the expense with no revenues associated. Town
Manager Emmons said the MUDs have asked for a water model of the whole town, which would not, be a
cost incurred to the Town.
Council member Lamont confirmed that affluent water would not be used at Harmony Park.
Finance Director, Sakura Moten Dedrick explained in order to present a balanced budget, provide cost
allocation and separate the Administration department, staff would be frequently communicating with
Council to help them better understand the change in the budget process. Special packages would be
presented to Council to determine the special needs that need to be added. Dedrick listed the major
changes; a grant fund that would be amended mid-year, a hotel/motel fund in 2007-08, the breakdown of
Administration into three separate departments; Manager’s Office, Human Resources and Finance; the
proposition of a separate Recreation budget to better track costs and allocations and Streets moving out
from under Community Development.
A.3 Mayor Sanders gave the Invocation.
A.4 Council member Sterling led the Pledges.
A.5 Citizen presentations.
No citizens addressed the Council.
A.6 Recognition of John DeRocha, winner of the design competition for the new patrol car.
Mayor Sanders introduced John DeRocha and congratulated him for his winning design of the new police
car. Sanders said there were approximately 20 entries submitted and commended the Police Department
for putting together the competition.
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be
enacted by one motion. There will not be a separate discussion of these items. If discussion is desired,
that item will be removed from the consent agenda and will be considered separately.
Motion made by Edstrom, seconded by Lamont to approve the Consent Agenda, Item B.1.
Motion passed unanimously without further discussion
B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, January 29,
2007. (Workshop Session)
TOWN COUNCIL CONVENED INTO REGULAR SESSION
*REGULAR SESSION
C.1 Discuss and take appropriate action regarding The Highlands at Trophy Club Development and
Public Improvement District Agreement.
Town Manager Emmons explained the version presented reflected the changes discussed at the last
Council meeting. On page 6, definitions for utility fees were included; this is the amount the Town will
have to remit to the MUDs to connect to the current infrastructure. Page 7, section 4.2, acknowledges
that the Town will provide water from an outside source; section 4.3 reflects the change in the amount of
the water tank construction, section 4.4 shows the adjustments for the connector road and Article 7
addresses issues regarding security.
Council member Lamont asked why the water tower and the connector road were not specifically
addressed under shared public improvements. Town Attorney Patricia Adams said the only place that
specifically addressed these two items was the $250,000 letter of credit for the water tower and for the
connector road and sought Council’s directions for security on cost overruns and PID improvements.
107
Town Manager Emmons clarified that section 7.2 delineates the maximum reimbursement of 50% up front
and that the developers would have to hit a certain benchmark before the remaining funds were
reimbursed. Emmons said the only outstanding issue is the connector road and questioned if Council
feels comfortable enough withholding the public funds or if they wanted to pursue additional security for
cost overruns.
Mayor Sanders said in the initial discussions with Centurion he had expressed the need for the connector
road. Sanders questioned if the Town could legally stop the issuance of permits should the road not be
completed by the time the developer had 300-400 homes on the ground. Town Attorney, Patricia Adams
said this would be based on the traffic impact analysis. Community Development Director, Beth Ann
Gregory said a plat would not be approved should it cause them to exceed the current level of service.
The final plat approval is based on the current infra structure.
Council member Lamont requested shared public improvements be clarified as the water tower and
connector road and would like a breakout of the 4.5 million on the capitalization interest and reserves.
Mayor Sanders confirmed the current capacity of the water storage system is 400,000 gallons which
covers 65% of the Town. Sanders said the addition of the Highlands would add 33 – 35% number of lots
to the Town and questioned why the Town is considering only building a tank with the capacity to hold
500,000 gallons. Town Manager Emmons responded as part of the MUD negotiations, in lieu of cash,
they agreed that an increase in the water tower itself would be compensation for their system. Sanders
confirmed that Council would like a further definition of shared costs and how it relates to cost overruns.
Town Manager Emmons addressed the red lined Exhibit B; $21,675,000.00 is the correct amount.
Contingency has been reduced to 800,000 and a 200,000 line item has been added for the Wireless
Internet Infrastructure expenses. Emmons said the Town needs to continue to work on securing a water
source, continue review of the agreement and the developers need to file the PID Petition. Once filed
there is a 16-day waiting period; therefore the PID could not be approved until the April 16th meeting.
Emmons is to revise the list of outstanding items and forward to the Council. Mayor Pro Tem Williams
would like a clean PID document presented by the next meeting.
Town Manager Emmons verified the Council’s satisfaction with the letter of credit as security in relation to
the water tower. Town Manager Emmons asked for Council’s direction in regard to the securities,
specifically for the shared public improvements and questioned if Council was comfortable with the
holdback arrangement for the reimbursement of public lands.
Mayor Sanders referred to the letter of opinions from McDonald Sequest stating some of the points
seemed to differ from Council’s interpretations; the Town’s agreement to sell bonds prior to any
performance by the developer, the payment of the developer for public infrastructure prior to any
developer performance and the lack of security for any cost overruns. Sanders confirmed that the Town
would not pay the developer up front, for any public infrastructure other than the right of way. Town
Attorney, Patricia Adams answered that progress payments would be made from the PID Bonds as the
project proceeds. Town Manager Emmons clarified progress payments would be made to the contracted
party performing the work related to the public improvements, and the developer would only be
reimbursed for parkland and right of way acquisition costs without going through the contracted
procedures for the Town. Town Attorney Adams added that the connector road would not be paid for by
the PID funds; therefore the 50% holdback would not go to cost overruns associated with the road.
Sanders said the fact that two other municipalities are involved with the connector road makes it hard for
anyone to guarantee.
Mayor Sanders asked if the Town could issue a moratorium on permit issuance. Town Attorney, Patricia
Adams said that a moratorium has to be reasonable and could not be put in place for poor planning. The
direction Council takes relies heavily on the Town’s engineer’s input.
Mayor Sanders confirmed Council is comfortable approving the PID without seeing a service and
assessment plan and with the security of the PID bonds and contingency.
108
Mayor Sanders noticed Hillwood owns part of Trophy 831 LP and asked if they should sign the
agreement as well. Patricia Adams understood that Hillwood was to sign and said she would get
clarification by the next meeting.
Mayor Sanders asked for Dan Almon’s opinion of the ascending assessment. Mr. Almon said according
to Fran Busby, Bank of America Underwriter, they have been successful with ascending assessments.
Sanders questioned the bullet, Attorneys to provide a simplified, bullet point, outline of the foreclosure
process pledged as security for PID Bonds. Almon commented worse case scenario would be if the
Town had to exercise their legal right foreclosing on a property and suggested an outline, if the process
included was too vague. Almon commented that if there was a foreclosure all parties would be better
served if the land has some existing equity, so that the value is exultant to the outstanding PID bonds as
in bullet 4, Developer to provide a written explanation of the land acquisition cost and financing terms as it
relates to developer equity and the ratio of PID Debt to unencumbered value.
Sanders requested Mr. Almon submit in writing and forward to the Council his comments about the
ascending assessments (discussion with BOA) and his notes and concerns of his review of the due
diligence report; specifically in regard to the land acquisition.
Mayor Sanders confirmed the plan for a clean copy of the agreement at the April 2nd meeting and for the
agreement to be provided to the Council days in advance for review. Town Manager Emmons said the
agreement would be presented at the April 16th meeting in order to correspond with the petition. Town
Attorney, Patricia Adams committed to have a response to the developer on Wednesday, March 22nd.
No action was taken.
C.2 Discuss and take appropriate action to approve Minutes dated, February 5, 2007.
Motion made by Sterling, seconded by Lamont to approve.
Motion passed unanimously 3:0:1, with Edstrom abstaining.
C.3 Discuss and take appropriate action on the expenditure of EDC 4B funds and contract with the
Buxton Group for psychographic profiling for the Town of Trophy Club.
Town Manager Emmons said the funds would be used for a psychographic study and used as an
Economic tool. The $60,000 fee is payable over the next two years, half upon execution of the
agreement and the other in next years budget.
Motion made by Lamont, seconded by Sterling to approve with the funds to be paid over the next two-
year budget cycles.
Mayor Pro Tem Williams confirmed the proposal is for four distinct retail locations.
Motion passed unanimously without further discussion.
C.4 Discuss and receive input regarding amendments to EDC 4B's FY 2006-07 Budget.
Mayor Sanders suggested that the Buxton Group be listed as a separate line item and is in favor of the
changes suggested to the EDC 4B budget. Although Sanders understands the concern of the
administrative reimbursement, he supports the reimbursement and wishes there was a way for EDC 4A to
fund totally. Town Manager Emmons clarified that EDC 4B currently budgets for administrative
reimbursement and the amendment is for an increase that will better reflect the time being spent.
Council member Edstrom is not in favor of the increase and feels it would be reallocating the expense by
reimbursing the operating budget, thus only offsetting a budget crisis.
109
Mayor Pro Tem Williams agreed with Mayor Sanders especially if the time expended can be identified.
No action was taken. Town Manager Emmons was directed to move forward with public hearing.
C.5 Discuss and take appropriate action regarding the approval of an interlocal agreement with the
NISD for the operation of a Summer Day Camp program to be operated on the premises of
Medlin Middle School.
Town Manager Emmons acknowledged Joe Herrington, Vice Principal of Medlin Middle School. Emmons
said Parks and Recreation Director, Adam Adams approached NISD to establish a greater amount of
recreational opportunities for the youth within the Town and the School District. Emmons said the
agreement would be considered by the School District at their next two meetings.
Council member Sterling questioned the revenue cost of $68,000. Town Manager Emmons responded
that the cost per week, per individual is $155.00.
Mr. Herrington feels this will be successful and said this is not limited to just Trophy Club kids but offered
to all kids in the NISD.
Motion made by Edstrom, seconded by Williams to approve.
Town Attorney, Patricia Adams said the words by Resolution need removed from the last whereas clause.
Both the mover and second agreed with the modification.
Motion as modified passed unanimously without further discussion.
C.6 Discuss and take appropriate action regarding an Ordinance amending the Town's FY 2006-07
Budget.
Motion made by Lamont, seconded by Williams to approve.
Motion passed unanimously without further discussion.
C.7 Discuss and take appropriate action to approve financials and variance report dated February
2007.
Motion made by Williams, seconded by Edstrom to refer.
Motion passed unanimously without any discussion.
C.8 Discuss and take appropriate action to approve Southwest Securities as the Town's Financial
Advisor.
(a) Discuss and take appropriate action to approve the authorization and sale of $3,260,000
General Obligation Bonds, Series 2007 (the "Bonds').
Motion made by Edstrom, seconded by Lamont to approve.
Mayor Pro Tem Williams supports only because the Town needs the money for the roads and said that
the former Mayor misled the community when bonds were approved in 2000. Williams said there are
costs associated with the passing of these bonds, in the amount of 3 to 4 cent tax increase to the Interest
& Sinking portion of the budget.
Dan Almon reminded the Council that the developer has agreed to reimburse the Town for these bonds
and suggested that a contract be drafted to this effect. Town Manager Emmons added there is no
110
guarantee until the PID is approved. There is no incentive for the developer to sign until we get to the
developer’s or PID Agreement.
Council directed Town Manager Emmons to contact the developer to see if they will submit in writing,
their commitment once the PID is approved. Council further directed staff to get a letter from Dan Almon
authorizing them to bid.
Motion passed unanimously without further discussion.
C.9 Discuss and take appropriate action regarding an Ordinance amending Ordinance No. 2007-03
calling a Joint/General Election for May 12, 2007 between the Town and NISD, to include a joint
election with Denton County.
Motion made by Sterling, seconded by Lamont to approve.
Motion passed unanimously without further discussion.
C.10 Discuss and take appropriate action relative to an Ordinance amending Chapter 8 of the Code of
Ordinances of the Town, entitled "Nuisances", by adding Article 6, Entitled "Standing or Stagnant
Water."
Motion made by Edstrom, seconded by Lamont to approve.
Town Manager Emmons said the Ordinance presented was based on Council’s direction at the last
meeting.
Council member Lamont is concerned about charging people for water in their birdbaths. Community
Development Director, Beth Ann Gregory said at Council’s request, definitions for body of water had been
added to the Ordinance.
Mayor Pro Tem Williams and Council member Lamont feel the Ordinance needs to be more specific to
what staff is trying to address; swimming pools.
Town Manager Emmons commented under our current Nuisance Abatement Ordinance staff does not
have the authority to go into a vacant back yard of a home to remedy a situation. In order to address all
issues, staff feels some of the smaller items presented in the Ordinance, need to be addressed. Emmons
said if Council prefers, staff would revise in the direction of pools.
Council member Edstrom requested Council look at what staff is saying, in that swimming pools are not
the only problems. Edstrom understands Council’s concern of people going into resident’s backyards to
look at birdbaths, but clearly there are issues with vacated property and absentee landlords that staff
cannot remedy without this Ordinance.
Council member Sterling is in favor of an all-encompassing Ordinance that addresses all stagnant water.
Mayor Sanders agreed with Council member Lamont and asked that manmade bodies of water be
clarified or removed totally.
Motion to refer until the April 2nd meeting with clarification of Section 2. Definitions made by Sterling;
seconded by Williams.
Council member Edstrom would like to be sure that the Council is giving code enforcement what they
need in order to enforce. Mayor Pro Tem Williams would like the number of complaints and the details.
Motion to refer passed unanimously without further discussion.
111
C.11 Town Manager Emmons to designate an Acting Town Manager.
Town Manager Emmons designated Community Development Director, Beth Ann Gregory as Acting
Town Manager for a period of three months.
C.12 Town Manager Emmons to update the Council on the members who have returned the
acknowledgment forms for receipt of the Appointed and Elected Official Handbook and SB286
Open Government Training. Town Council to provide direction to staff for the members who have
not returned the acknowledgement forms.
Mayor Sanders commented that Steven Gregory returned his form yesterday. Town Manager Emmons
added that Dennis Sheridan had completed his as well.
Town Attorney, Patricia Adams confirmed that there is no punishment or corrective action in state code
for Board members who have not completed the training. Mayor Sanders suggested staff send a letter to
the people who have not returned their acknowledgement forms reminding them to do so.
C.13 Items for Future Agenda.
Council member Sterling asked that the Ordinance amending Chapter 8 of the Code of Ordinances of the
Town, entitled "Nuisances", Article III, entitled "Weeds", amending Section 3.01, entitled "Unlawful to
Permit Weeds, Grass or any other Plant to Grow Higher than Twelve Inches" be removed.
Council member Edstrom requested an item be added for staff to research grant possibilities regarding
phase two street calming (sidewalks.)
C.14 Reports.
(a) EDC 4B Liaison, Council member Sterling gave his report to Council.
(b) Town Manager Emmons gave his report.
D.1 Adjourn.
Motion made by Sterling, seconded by Williams to adjourn.
Meeting adjourned at 9:46 p.m.
____________________________________ _____________________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
112
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-21-2007
Subject: Agenda Item No.D.16
Discuss and take appropriate action regarding an ordinance canvassing
the returns and declaring the results of the General Election held on May
12, 2007.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Ordinance
113
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2007-
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
CANVASSING THE RETURNS, INCLUDING THE RETURNS OF EARLY
VOTING BALLOTS CAST IN CONNECTION THEREWITH, AND
DECLARING THE RESULTS OF THE GENERAL JOINT ELECTION
HELD ON MAY 12, 2007. AS SUCH RETURNS RELATE TO THE
ELECTION OF A MAYOR AND TWO (2) COUNCIL MEMBERS FOR
TWO (2) YEAR TERMS EACH TO THE TOWN OF TROPHY CLUB
TOWN COUNCIL; PROVIDING FOR THE INCORPORATION OF
PREMISES; PROVIDING FOR THE CONFIRMATION OF VOTE
TABULATIONS; IDENTIFYING THE OFFICIALS ELECTED AND
TERMS OF OFFICE; AUTHORIZING THE ISSUANCE OF
CERTIFICATES OF ELECTION; AUTHORIZING THE ISSUANCE OF
THE CANVASS OF THE GENERAL JOINT ELECTION; PROVIDING
FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on February 8, 2007, the Town Council of the Town of Trophy Club,
Texas (the “Town”) passed and approved Ordinance No. 2007-03 ordering a General
Joint Election, which ordinance was subsequently amended by Ordinance No. 2007-13,
by ordering a General Joint Election between the Town of Trophy Club, Texas and
Denton County for the purpose of electing a Mayor and two (2) Council Members for
two (2) year terms each to the Town Council and a Constitutional Amendment Election;
and
WHEREAS, Ordinance No. 2007-03 also ordered the appointment of a
Presiding Election Judge and an Alternate Presiding Election Judge for the purpose of
conducting such election; and,
WHEREAS, the appropriate authority of the Town heretofore caused to be
posted and published, in accordance with the election laws of the State of Texas, notice
of the General Joint Election; and
WHEREAS, it appears that a total of 999 votes were cast in such elections; and
WHEREAS, the General Joint Election was duly and legally held on May 12,
2007, in the Town and in conformity with the election laws of the State of Texas, and the
results of the General Joint Election, including the early voting results, have been
certified and returned to the proper judges and clerks thereof; and
WHEREAS, the official returns of the presiding judges of the General Joint
Election, including the returns of early voting ballots in connection therewith, and as
such returns are related to the election of a Mayor and two (2) Council Members for two
114
(2) year terms each for the Trophy Club Town Council, have been presented to the
Town Council acting in its capacity as the Canvassing Board; and
WHEREAS, the Town Council has considered the returns of the General Joint
Election as related to the election of a Mayor and two (2) Council Members for two (2)
year terms each to the Trophy Club Town Council, including the returns of early voting
ballots cast in connection therewith; and
WHEREAS, pursuant to State Law, in order to be declared elected, a candidate
must receive the highest number of votes of the entire Town cast for the office for which
such person is a candidate or be unopposed in the election, or
WHEREAS, Subchapter C of Chapter 2 of the Election Code authorizes a
governing body to declare each unopposed candidate elected to office; and
WHEREAS, The following candidate, who was unopposed in the May 12, 2007,
General Joint Election, is hereby declared elected to office, and shall be issued a
certificate of election:
TOWN OF TROPHY CLUB MAYOR FOR TWO (2) YEAR TERM
TOTAL NUMBER
OF VOTES
RECEIVED AT
POLL ON
ELECTION DAY
NAME OF
CANDIDATE
TOTAL NUMBER
OF EARLY VOTING
TOTAL NUMBER
OF VOTES
RECEIVED VOTES RECEIVED
Nick Sanders 457 299 756
WHEREAS, the returns of the General Joint Election, including the returns of the
early voting ballots, duly and legally made, showed that each candidate for the office of
Town Council received the following votes:
TOWN OF TROPHY CLUB COUNCIL MEMBERS FOR TWO (2) YEAR TERMS
TOTAL NUMBER
OF VOTES
RECEIVED AT
POLL ON
ELECTION DAY
NAME OF
CANDIDATE
TOTAL NUMBER
OF EARLY VOTING
TOTAL NUMBER
OF VOTES
RECEIVED VOTES RECEIVED
Kathleen Wilson 361 271 632
Greg Lamont 232 135 367
Roger Williams 207 109 316
Jim Moss 276 202 478
115
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. Incorporation of Premises. The above and foregoing premises are
true and correct and are incorporated into the body of this Ordinance and made a part
hereof for all purposes.
Section 2. Confirmation of Vote Tabulations. The results of the General Joint
Election, as related to the election of a Mayor and two (2) Council Members for two (2)
year terms each to the Town Council, and as canvassed and tabulated above, reflect
the expressed desires of the resident, qualified voters of the Town.
Section 3. Elected Officials; Terms of Office. In accordance with the canvass
and tabulation of the results of the General Joint Election, the duly elected Council
Members elected on May 12, 2007, and the corresponding terms of office, subject to the
taking of the oaths of office as required by State Law, are as follows:
TERM NAME OFFICE
Nick Sanders Mayor Two (2) Years
Kathleen Wilson Council Member Two (2) Years
Jim Moss Council Member Two (2) Years
Section 4. Issuance of Certificates of Election. The Mayor is hereby
authorized and directed to execute and deliver Certificates of Election to the successful
candidates elected at the General Joint Election, as specified in Section 3 hereof.
Section 5. Issuance of Canvass of General Joint Election. The Mayor is
hereby authorized and directed to execute and deliver the Canvass of the General Joint
Election, a copy of which is attached hereto as Exhibit “A”, in accordance with the
election laws of the State of Texas, and to take all other action necessary in connection
therewith.
Section 6. Engrossment and Enrollment. The Town Secretary of the Town of
Trophy Club is hereby directed to engross and enroll this Ordinance by filing this
Ordinance in the ordinance records of the Town as required in the Town Charter.
Section 7. 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 21st day of May, 2007.
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Mayor Nick Sanders
Town of Trophy Club, Texas
Effective
Date:
[SEAL]
ATTEST:
Town Secretary, Lisa Ramsey
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Town Attorney, Patricia Adams
Town of Trophy Club, Texas
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EXHIBIT “A”
TOWN OF TROPHY CLUB, TEXAS
CANVASS OF GENERAL JOINT ELECTION
I, the undersigned Mayor of the Town of Trophy Club, Texas, and Presiding
Officer of the Canvassing Authority of the Town, met on 21st day of May, 2007 with the
Town Council of the Town, sitting as the Canvassing Board to canvass the returns of
the General Joint Election held on May 12, 2007, at the Trophy Club Town Hall Building,
100 Municipal Drive, Trophy Club, Texas, as such returns related to the election of a
Mayor and two (2) Council Members to the Town Council.
I DO HEREBY CERTIFY that the figures on the tally sheets correspond with the
figures on the returns.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of
the Town of Trophy Club, Texas to be affixed hereto, this 21st day of May, 2007.
(Seal)
__________________________
Mayor and Presiding Officer of
the Canvassing Authority
Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-21-2007
Subject: Agenda Item No.D.17
Town Manager Emmons to designate an Acting Town Manager.
EXPLANATION:
It is Town Manager Emmons’ intent to rotate the Acting Town Manager Designation
quarterly. The purpose of this designation is to provide a valuable learning tool and
help those serving in this capacity gain authority from the designation.
RECOMMENDATION:
ACTION BY COUNCIL:
(be)
Attachments: 1. Letter to Council
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May 21, 2007
The Honorable Nick Sanders
Town of Trophy Club
100 Municipal Drive
Trophy Club, TX 76262
Re: Acting Town Manager Designation
Mayor Sanders:
Please allow this letter to serve as notice that I wish to designate Chief Danny Thomas
to serve as Acting Town Manager in compliance with Section 4.06 of the Trophy Club
Town Charter. The Acting Town Manager shall perform all administrative duties
normally reserved for the Town Manager during a period of absence or disability that
would prevent me from performing my required duties. This designation will remain in
full force until a time in which another designee is recommended to and approved by the
Town Council.
It is my intent to periodically alternate the designation of Acting Town Manager among
capable and qualified members of my administrative staff. I feel that the opportunity to
serve in this capacity will provide a valuable learning tool for those given the
responsibility to serve in this capacity.
Thank you for your consideration in this matter.
Sincerely,
Brandon S. Emmons
Town Manager
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-21-2007
Subject: Agenda Item No.D.18
Discuss and provide input regarding amendments to Section 4.05(B)(2) of
Article IV, Chapter 5 of the Code of Ordinances relating to number, size and
placement of political signs.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
thAttachments: 1. Ordinance 2007-10 language approved on March 5 , 2007.
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Number, Size and Placement: 2.
A political sign shall not exceed thirty-six (36) square feet in area nor exceed
eight feet (8’) in height, as measured from the ground. A political sign may not
be illuminated or have any moving elements. No more than one (1) of such
signs for each political candidate or issue on the election ballot shall be
erected on any residentially zoned parcel of land. The front and back surface
of a political sign shall constitute one sign. For signs with three or more
surfaces, each surface shall constitute a separate sign for purposes of size
requirements. Signs with three or more surfaces are prohibited on
residentially zoned parcels of land. For signs located on non-residential or
unplatted property, the minimum distance between single or multisided signs
for each political candidate or issue on the election ballot shall be one hundred
feet (100’).
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-21-2007
Subject: Agenda Item No.D.19
Items for Future Agenda.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Items for Future Agendas
1. Discuss and consider an Ordinance requiring bicycle helmets and bicycle laws.
2. Review of the Property Maintenance Ordinance.
3. Discussion about storm water discharge from pools.
4. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive
and consideration of improvements for area to create a linear park.
5. Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an
Ordinance establishing the Town's Emergency Management System
6. Research grant possibilities regarding phase two street calming/sidewalks.
7. Discuss and take appropriate regarding using the Trophy Club Times as the Town’s
newsletter.
8. Discuss and take appropriate action approving the Mayor to sign the US Mayors
Climate Protection Agreement on Global Warming. (June 18, 2007)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-21-2007
Subject: Agenda Item No.D.20
Discuss and take appropriate action to determine whether the May 11th
complaint filed by Council Member Lamont against Bob Radder, a member
of the Public Service advisory group and Zoning Board of Adjustment, on
its face presents a violation of the Handbook for Elected and Appointed
Officials Handbook for which sanctions, such as reprimand, formal
censure, or loss of appointment would be appropriate in order to serve the
legitimate goal of orderly governance, integrity, and public confidence in
government.
EXPLANATION:
According to the Procedure contained within the Town of Trophy Club Code of Ethics
and Conduct for Town Elected and Appointed Officials, this item has been placed upon
the agenda because the Town Secretary has determined that it contains all elements
necessary to proceed. The policy mandates that the Town Secretary place the
complaint on the next available agenda which is the current May 21, 2007 agenda. At
the May 21, 2007 meeting, the “scope of the Council’s review shall be limited to a
determination of whether the complaint on its face presents a violation of this Handbook
for which sanctions, such as reprimand, formal censure, or loss of appointment would
be appropriate in order to serve the legitimate goal of orderly governance, integrity, and
public confidence in government.” If a majority of the Council determines that further
review and investigation is merited, an item will be placed on the June 4, 2007 agenda.
At the June 4, 2007 meeting, the Council would make a determination that “substantial
evidence has been presented to support the allegation that a violation of the Handbook
has occurred and that the violation is detrimental to orderly governance, integrity, and
public confidence in the Town government.
RECOMMENDATION:
ACTION BY COUNCIL:
(Council member Lamont)
Attachments: 1. Complaint Issued and related correspondence
2. Code of Ordinances Chapter 1, Section 6.01 E.4
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3. Section 3 and 20 of the Handbook for Appointed and Elected
Officials
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I would like to file a formal ethics compliant against Bob Radder, a current member the
Public Service advisory and Zoning Board of Adjustments Boards. Mr. Radder violated
Article 3 conduct to Town Officials page 18 of the Handbook for elected and appointed
officials, stating: Town officials shall refrain from abusive conduct, personal charges or
verbal attacks upon the character of other Town officials.
Mr. Radder at the May 7th Town Council Citizens Presentation during a approximate
seven and half minute speech made several false and insulting statements against a
Council member.
This Citizens presentation I believe violates the handbook and Mr. Radder needs to
issue a public apology and resign from any and all appointed positions he holds with the
town of Trophy Club.
If Mr. Radder refuses, the Council needs to act on this matter and his name needs to be
added to the may 21st Town Council agenda under the :
Discuss and take appropriate action to determine whether the May 11th complaint
issued by Council Member Lamont, on its face presents a violation of the Handbook for
Elected and Appointed Officials Handbook for which sanctions, such as reprimand,
formal censure, or loss of appointment would be appropriate in order to serve the
legitimate goal of orderly governance, integrity, and public confidence in government.
(1) Complaining Party: Greg Lamont
(2) Respondent: Bob Radder member of the Public Service advisory Board
and Zoning Board of Adjustments Board.
(3) Article 3 Conduct of the Town officials handbook for Elected and Appointed officials.
(4) Citizens Presentation Made at the May 7th Town Council Meeting.
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Code of Ordinances Chapter 1, Section 6.01 E.4
4. Presentations by Citizens
Presentations by citizens, with or without prior notification, shall be limited to a total of six
minutes, with three minutes of time allowed prior to Council discussion and three minutes of
time allowed subsequent to Council discussion but before the Chair calls for a vote. It is within
the discretion of the Chair to reasonably extend those limits. Citizens must turn in a
completed “Request to Speak” form to the Town Secretary.
Presentations by representative(s) of organized groups, with or without prior notification, shall
be limited to a total of six minutes, with three minutes of time allowed prior to Council
discussion and three minutes of time allowed subsequent to Council discussion but before the
Chair calls for a vote. It is within the discretion of the Chair to reasonably extend those limits.
A “Request to Speak” form must be completed and turned in to the Town Secretary.
The foregoing rules and time limitation shall also apply to citizens appearing at a public
hearing being held by the Town Council pursuant to any official notice thereof.
All citizens shall refrain from private conversations in the chamber while the Town Council is in
session.
Citizens attending Town Council meetings shall observe the same rules of priority, decorum,
and good conduct applicable to the administrative staff. Any persons making personal,
impertinent, or slanderous remarks, or who becomes boisterous while addressing the Town
Council or while attending the Town Council meeting, shall be removed from the room if the
Chief of Police (or his representative) is so directed by the Mayor/Chairman, and such person
shall be barred from further audience before the Town Council during that session of the Town
Council.
Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar
demonstrations shall not be permitted by the Mayor/Chairman, who shall direct the Chief of
Police to remove such offenders from the room.
In case the Chairman shall fail to act, any other of the Town Council may move to require the
Chair to enforce the rules, and the affirmative vote of a majority of all members present of the
Town Council shall require the presiding officer to act.
No placards, banners or signs of any kind shall be permitted in the Council Chamber unless
exhibits, displays and visual aids are used in connection with presentations to the Town
Council, provided that such exhibits, displays and visuals aids do not disrupt the meeting.
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Section 3 and 20 of the Handbook for Appointed and Elected Officials
3. Conduct of Town Officials
The professional and personal conduct of Town officials must be above reproach and
avoid even the appearance of impropriety. Town officials shall refrain from abusive
conduct, personal charges or verbal attacks upon the character or motives of other
Town officials and employees, boards, commissions, committee and citizen advisory
group members and the public.
20. Procedure for Enforcement
Upon good faith belief that a Town official has violated any term or provision of this
Handbook for Elected and Appointed Officials, a party having such good faith belief that
a violation has occurred and wishing to initiate a formal review of the alleged violation
shall file a written complaint with the Town Secretary. The written complaint shall
contain 1) the name of the complaining party (hereinafter “Complainant”); 2) the name
of the party against whom the complaint is being filed (hereinafter “Respondent”); 3) the
specific sections of this Handbook allegedly violated; 4) Specific dates, approximate
time of day, locations and other facts evidencing the alleged violations; and 5) any
documentation evidencing that a violation of the Handbook occurred.
Upon receipt of a written complaint meeting all of the requirements set forth in the
preceding paragraph, the Town Secretary shall place the complaint on the next
available regular Council meeting agenda for which posting requirements may legally
and procedurally be met. Alternatively, if the complaint does not meet all of the
requirements set forth in the preceding paragraph, the Town Secretary shall notify the
Complainant in writing of the nature of the deficiency and no further action by the Town
Secretary or Council shall be necessary, until such time the Town Secretary can
determine that the complaint meets the requirements of this section. Once placed upon
the Council agenda, the scope of the Council review shall be limited to a determination
of whether the complaint on its face presents a violation of this Handbook for which
sanctions, such as reprimand, formal censure, or loss of appointment would be
appropriate in order to serve the legitimate goal of orderly governance, integrity, and
public confidence in government. Upon a majority vote of Council that the complaint
merits further review and investigation, an item shall be placed on the next available
regular Council meeting agenda for which posting requirements may be legally and
procedurally met. Additionally, upon majority vote, the Town Council may specify any
and all individual items of grievance from the Complaint that merit such review and
investigation and that will be considered by the Council at a subsequent hearing on the
matter. At least seven (7) days prior to the hearing date, the Town Secretary shall notify
the Respondent in writing of the date, time and place at which the Council will conduct a
hearing on the merits of the alleged complaint, and if Council has by majority vote
specified individual items for review and investigation at the hearing, such notice shall
advise the Respondent of the scope of the hearing. Alternatively, if upon review of the
complaint on its face a majority vote of Council determines that further review and
investigation is not warranted, then the Complainant shall be notified in writing of such
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vote, the written complaint shall be returned to the Complainant, and no further action
shall be required by the Town Secretary or Town Council.
At the subsequent Council hearing, the Complainant and Respondent may present
testimonial and or documentary evidence regarding the allegations contained within the
Complaint. If Council determines that substantial evidence has been presented to
support the allegation that a violation of the Handbook has occurred and that the
violation is detrimental to orderly governance, integrity, and public confidence in the
Town government, then Council may by majority vote impose sanctions, such as
reprimand, formal censure, or loss of appointment, as determined appropriate to serve
the legitimate goals of this policy.
All procedural rules of the Council shall apply to proceedings conducted pursuant to this
Section. The complaint procedure specified in this Section shall only be applicable to
those Town officials who are appointed and for the conduct of such official that occurs
during the official’s term of office on a Town board, commission, committee or advisory
group. Notwithstanding the foregoing, this Section shall not apply to officials who are
appointed to fill vacancies on the Town Council or to Town Council members.
Sanctioning of elected officials shall only be allowed in accordance with Town Charter
and state law.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-21-2007
Subject: Agenda Item No.D.21
Reports. There will be no action taken regarding any individual project
posted under this item and discussion will be limited. If extensive
discussion is required, the item may be placed on a future agenda.
a) Town Council report from EDC 4BLiaison, Council member Sterling.
b) Report or periodic, internal audits of procedures as related to
procurement policies, journal entries and the travel and training policies
by Council member Cates.
c) Outgoing comments by Mayor Pro Tem Williams.
d) Outgoing comments by Council member Lamont.
e) Town Manager's Report.
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-21-2007
Subject: Agenda Item No.E.1
Adjourn.
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