Agenda Packet TC 09/10/2007 - Budget Workshop 1
AMENDED
Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, September 10, 2007
7:00 P.M.
A.1 Call to order and announce a quorum.
A.2 Budget Workshop - to review and discuss out years. (5:00 P.M. - 7:00 P.M.)
A.3 Invocation.
A.4 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God
and indivisible."
A.5 Citizen presentations: this is an opportunity for citizens to address the Council on
any matter whether or not it is posted on the agenda. The Council is not
permitted to take action on or discuss any presentations made to the Council at
this time concerning an item not listed on the agenda. The Council will hear
presentations on specific agenda items prior to the Council addressing those
items.
B.1 Consent Agenda: Discuss and take appropriate action regarding the
expenditures of GASB/34 funds for fiber cable replacement.
B.2 Consent Agenda: Discuss and take appropriate action regarding an Interlocal
Agreement for Participation in Fort Worth's Environmental Collection Center
Household Hazardous Waste Program, designating the Assistant Town Manager
as the Household Hazardous Waste Collection Coordinator and designating the
Town Manager as the alternate.
C.1 Public Hearing: Town Council to conduct a second Public Hearing regarding the
budget and proposed tax rate increase for fiscal year October 1, 2007 to
September 30, 2008.
C.2 Public Hearing: (SP-07-008) to consider an amendment to Town Ordinance No.
2007-11 P&Z, the same being PD-28, Northwest High School No. 2, to approve a
Final Site Plan. Applicant: MJ Thomas Engineering, LLC on behalf of Northwest
ISD.
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D.1 Discuss and take appropriate action regarding an amendment to Ordinance No.
2007-11 P&Z, the same being PD-28, Northwest High School No. 2, to approve a
Final Site Plan. Applicant: MJ Thomas Engineering, LLC on behalf of Northwest
ISD. (SP-07-008)
D.2 Discuss and take appropriate action regarding the Final Plat for NISD High
School No. 2, Lots 1 and 2, Block 1 and Lots 1 & 2, Block 2. (FP-07-021)
A. Discuss and take appropriate action regarding the approval of the Subdivider's
Agreement for a 92.655 acre tract of land known as NISD High School No. 2,
Lots 1 and 2, Block 1 and Lots 1 & 2, Block 2.
D.3 Discuss and review the Town's FY2007-08 Proposed Budget and tax rate.
D.4 Discuss and take appropriate action regarding a Resolution accepting a Service
and Assessment Plan for authorized services (Emergency Services) for the Town
Of Trophy Club Public Improvement District No. 1 (The Highlands At Trophy
Club); setting a date for a public hearing; authorizing the publication of notice;
enacting other related provisions; and providing an effective date.
D.5 Discuss and provide input regarding the Service and Assessment Plan for
authorized public improvements for the Trophy Club Public Improvement District
No. 1 (The Highlands at Trophy Club).
D.6 Review and discuss the Prospectus for the proposed bond issuance to finance
authorized public improvements for the Trophy Club Public Improvement District
No. 1. (The Highlands at Trophy Club).
D.7 Review and discuss the Indenture of Trust for the proposed bond issuance to
finance public improvements for the Trophy Club Public Improvement District No.
1. (The Highlands at Trophy Club).
D.8 Discuss and take appropriate action relative to the Interlocal Agreement between
the Town and the Trophy Club MUDs to provide water and wastewater
operational services to the Town.
D.9 Discuss and take appropriate action relative to the Interlocal Agreement between
the Town and the Trophy Club MUDs to provide water supply and wastewater
treatment and equity services to the Town.
D.10 Discuss and take appropriate action regarding a Resolution repealing Resolution
No. 2006-29, amending the Municipality of Trophy Club Handbook for Elected
and Appointed Officials and providing an effective date.
D.11 Discuss and take appropriate action regarding future use, funding options,
operation of and repairs to Beck Park
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A. Discuss and take appropriation action relative to a submittal from EDC4A requesting
the distribution of EDC4A funds for the reconstruction of Beck Field #4 and/or the
use of parkland funds for Beck Park.
D.12 Discuss and take appropriate action relative to August 27, 2007 request by Greg
Lamont to reopen ethics complaint previously filed.
D.13 Discuss and receive input establishing guidelines for residential dumpsters in
order to amend Chapter 11, Public Works, Article I, of the Code of Ordinances.
D.14 Discuss and receive input regarding the appointment process occurring on
September 24th for Boards and Commissions.
D.15 Discuss and take appropriate action to approve financials and variance report
dated July 2007.
D.16 Discuss and take appropriate action to approve Minutes dated, April 16, 2007.
D.17 Discuss and take appropriate action to approve Minutes dated, May 7, 2007.
D.18 Items for Future Agenda.
D.19 Reports. There will be no action taken regarding any individual project posted
under this item and discussion will be limited. If extensive discussion is required,
the item may be placed on a future agenda.
(a) Town Manager's Report.
E.1 Consultation with Town Attorney on a matter in which the duty of the attorney to
the governmental body under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with the Open Meetings Act
(§551.071 (2) ):
1. Legal advice relative to the proposed interlocal contracts with the Trophy Club MUDs
for operational services and for water supply and wastewater treatment.
E.2 Discuss and take appropriate action relative to Executive Session Item Number
E1.
F.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-10-2007
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: 9-10-2007
Subject: Agenda Item No.A.2
Budget Workshop - to review and discuss out years. (5:00 P.M. - 7:00 P.M.)
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-10-2007
Subject: Agenda Item No.A.3
Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-10-2007
Subject: Agenda Item No.A.4
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God
and indivisible."
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-10-2007
Subject: Agenda Item No.A.5
Citizen presentations: this is an opportunity for citizens to address the
Council on any matter whether or not it is posted on the agenda. The
Council is not permitted to take action on or discuss any presentations
made to the Council at this time concerning an item not listed on the
agenda. The Council will hear presentations on specific agenda items prior
to the Council addressing those items.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-10-2007
Subject: Agenda Item No.B.1
Consent Agenda: Discuss and take appropriate action regarding the
expenditures of GASB/34 funds for fiber cable replacement.
EXPLANATION:
The fiber optic cable that connects the Administration building to the Police Department
has been damaged in 2 areas. The first one at the conduit junction box outside the
police station and the other within the Administration building. It was determined it
would be cheaper to rerun the cable then to locate and try to repair the issue. We
received 4 quotes and used Ram Comm Inc. They replaced the damaged fiber and
reconnected to both buildings. The total cost is $1,962.80 and each entity portion is
$981.40. This item is currently listed in the GASB/34 inventory items.
Technical Specification:
We discovered anomalies 100ft from the admin building just before the transition from
inside the building to the exterior. It was spotted on all 6 strands. The 2 currently used
by the police were in the best shape, but still produced errors. The other 4 strands were
damaged beyond use. They replaced the fiber with a 6 strand 62.5 multi-mode fiber
extending 550 ft. It was terminated with polish type ST connectors at both ends. They
installed plenum rated inner-duct within the inside of both buildings from the point of
entry to the MDF at each end.
RECOMMENDATION:
Staff recommends expending $981.40 from the GASB/34 funds to reimburse the Town’s
expense.
ACTION BY COUNCIL:
(mp)
Attachments: 1. Ram Comm Invoice
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-10-2007
Subject: Agenda Item No.B.2
Consent Agenda: Discuss and take appropriate action regarding an
Interlocal Agreement for Participation in Fort Worth's Environmental
Collection Center Household Hazardous Waste Program, designating the
Assistant Town Manager as the Household Hazardous Waste Collection
Coordinator and designating the Town Manager as the alternate.
EXPLANATION:
Council previously approved this agreement on the Consent Agenda on September 6,
2005 and September 11, 2006.
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Information Memorandum
2. Interlocal Agreement
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INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a home-rule municipal
corporation situated in Tarrant, Denton and Wise Counties, Texas, hereinafter called "Fort Worth," acting
herein by and through Libby Watson, its duly authorized Assistant City Manager, and Town of Trophy
Club, a municipality situated in Denton and Tarrant County, Texas, hereinafter called "Participating City,"
acting herein by and through Nick Sanders, its duly authorized Mayor.
WITNESSETH
WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of interlocal cooperation
agreements between and among local governments; and
WHEREAS, Texas Government Code, §791.011 provides that a local government may contract with
another to perform governmental functions and services, and §791.003(3)(H) defines waste disposal as a
governmental function and service; and
WHEREAS, Texas Government Code, §791.025 provides that a local government may agree with
another local government to purchase services; and
WHEREAS, Fort Worth and Participating City desire to enter into an interlocal agreement whereby Fort
Worth will purchase the services of a waste disposal/recycling firm or firms and will administer a
household hazardous waste collection program; and
WHEREAS, Fort Worth and Participating City mutually desire to be subject to the provisions of Texas
Government Code, Chapter 791, also known as the Interlocal Cooperation Act.
NOW THEREFORE, it is agreed as follows:
1.
DEFINITIONS
A. Unless a provision in this Agreement explicitly states otherwise, the following terms and phrases,
as used in this Agreement, shall have the meanings hereinafter designated.
Act of God means an act occasioned by the direct, immediate, and exclusive operation of the
forces of nature, uncontrolled or uninfluenced by the power of humans and without human
intervention.
Bill of Lading lists the contents of the mobile collection unit.
Environmental Collection Center (ECC) means the City of Fort Worth Department of
Environmental Management facility located at 6400 Bridge Street, Fort Worth, Texas, which is to
be used by Fort Worth for the aggregation of household hazardous wastes that have been
brought to the facility by participating cities' households for subsequent recycling, disposal, and/or
reuse.
Environmental Damages means all claims, judgments, damages, losses, penalties, fines,
liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and
defense of any claim, whether or not such claim is ultimately defeated, and of any good faith
settlement or judgment, of whatever kind or nature, contingent or otherwise, matured or
unmatured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees
and disbursements and consultant's fees, any of which are incurred subsequent to the execution
of this Agreement as a result of the handling, collection, transportation, storage, disposal,
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treatment, recovery, and/or reuse of waste pursuant to this Agreement, or the existence of a
violation of environmental requirements pertaining to same, and including without limitation:
(a) Damages for personal injury and death, or injury to property or natural resources;
(b) Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and
all other costs incurred in connection with the investigation or remediation of such wastes or
violation of environmental requirements including, but not limited to, the preparation of any
feasibility studies or reports or the performance of any cleanup, remediation, removal,
response, abatement, containment, closure, restoration or monitoring work required by any
federal, state or local governmental agency or political subdivision, or otherwise expended in
connection with the existence of such wastes or violations of environmental requirements,
and including without limitation any attorney's fees, costs and expenses incurred in enforcing
this Agreement or collecting any sums due hereunder; and
(c) Liability to any third person or governmental agency to indemnify such person or agency for
costs expended in connection with the items referenced in subparagraph (b) herein.
Environmental requirements means all applicable present and future statutes, regulations, rules,
ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions,
franchises, and similar items, of all governmental agencies, departments, commissions, boards,
bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all
applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the
protection of human health or the environment, including without limitation:
(a) All requirements, including but not limited to those pertaining to reporting, licensing,
permitting, investigation, and remediation of emissions, discharges, releases, or threatened
releases of hazardous materials, pollutants, contaminants, or hazardous or toxic substances,
materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surface water,
groundwater, stormwater, or land, or relating to the manufacture, processing, distribution,
use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or
hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in
nature; and
(b) All requirements pertaining to the protection of the health and safety of employees or the
public.
Force majeure means decrees of or restraints by a governmental instrumentality, acts of God,
work stoppages due to labor disputes or strikes, failure of Fort Worth’s contractor(s) to perform
pursuant to their agreements with Fort Worth for the conduct of the collection of household
hazardous waste, fires, explosions, epidemics, riots, war, rebellion, and sabotage.
Household hazardous waste (HHW) means any solid waste generated in a household by a
consumer which, except for the exclusion provided for in 40 CFR § 261.4(b)(1), would be
classified as a hazardous waste under 40 CFR Part 261.
Manifest means the uniform hazardous waste manifest form(s) furnished by the TCEQ to
accompany shipments of municipal hazardous waste or Class 1 industrial solid waste for waste
transported to a site in Texas, or the comparable manifest of the receiving state if the waste is
transported out of Texas.
Mobile collection event means a household hazardous waste collection event by Participating
City utilizing a mobile collection unit.
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Fort Worth Mobile Collection Unit (MCU) means a non-self-propelled vehicle used for the periodic
collection of household hazardous waste by Participating City, off-site of the ECC, which is
transported to the ECC to dispose of the household hazardous waste collected at the mobile
collection event. The Fort Worth Mobile Collection Unit is designed to hold the hazardous waste
of approximately 50 to 75 households.
Participating Cities, when used in the plural, means Fort Worth, Participating City, and all other
entities which have entered into interlocal agreements with Fort Worth for the ECC household
hazardous waste collection program.
Person means an individual, corporation, organization, government, or governmental subdivision
or agency, business trust, partnership, association, or any other legal entity.
Waste has the same meaning as "solid waste" as that term is defined in Texas Health and Safety
Code §361.003, and including hazardous substances.
B. Unless a provision in this Agreement explicitly states otherwise, the following abbreviations, as
used in this Agreement, shall have the meanings hereinafter designated.
CERCLA - Comprehensive Environmental Response, Compensation, and Liability Act.
CPR - cardiopulmonary resuscitation.
DOT - United States Department of Transportation.
ECC - Environmental Collection Center.
EPA - United States Environmental Protection Agency.
HAZCAT - hazardous categorization.
HAZWOPER - hazardous waste operations and emergency response.
HM - hazardous materials.
HHW - household hazardous waste.
MCU - Mobile Collection Unit.
2.
PURPOSE
The purpose of this interlocal agreement (hereafter "Agreement") is the provision of services by Fort
Worth to Participating City whereby, subject to the terms and conditions specified below, Fort Worth will
administer and supervise a regional household hazardous waste collection program, which will be
available to households within Participating City as described herein.
3.
TERM
This Agreement shall be effective from the date the last party has signed this agreement through
September 30, 2008.
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4.
SERVICES OF FORT WORTH
Fort Worth agrees to perform the following services for Participating City in connection with the ECC
household hazardous waste collection program:
A. Fort Worth will administer a regional household hazardous waste collection program. This
program will include the operation of the Environmental Collection Center, which will accept for
disposal and/or recycling household hazardous waste from households located within
Participating City. Fort Worth shall not accept compressed flammable gas containers; radioactive
materials; explosives or potentially shock sensitive materials; biological, etiologic, and infectious
materials; wastes from businesses; and any other wastes that Fort Worth has determined are
unacceptable.
B. Fort Worth will employ or retain personnel to provide the services necessary to perform Fort
Worth's obligations in this Agreement.
C. Fort Worth will enter into a contract(s) with waste disposal/recycling firm(s) for the handling,
collection, transportation, storage, disposal, treatment, recovery, and/or reuse of household
hazardous waste, which is collected at the ECC.
D. Fort Worth will, if requested in writing by Participating City, provide Participating City with copies
of waste manifests for shipments of waste from the ECC.
E. Fort Worth will, if requested in writing by Participating City, provide Participating City a monthly
report of the Participating City's households who disposed of household hazardous waste at the
Environmental Collection Center or a Mobile Collection Event.
F. Fort Worth will issue a report and a bill at the end of each quarter detailing the number of
Participating City's households that disposed of household hazardous waste at the Environmental
Collection Center or at a mobile collection event in an amount not to exceed EIGHT THOUSAND
DOLLARS AND N0/100 DOLLARS ($8,000.00).
G. Fort Worth will act under this Agreement in accordance with all applicable state and federal laws.
H. Non-Fort Worth Mobile Collection Unit
1. Fort Worth agrees to accept household hazardous waste from Participating City's MCU in
accordance with Section 5, of this Agreement.
2. Fort Worth agrees to restock the items it removes from Participating City's MCU,
however, Fort Worth shall only restock items listed in Exhibit "A", attached and
incorporated herein as if set forth.
I. Mobile Collection Events –Using Fort Worth's Unit
1. If Participating City would like to schedule a mobile collection event with the Fort Worth
Mobile Collection Unit, Fort Worth will send Participating City a list of available dates.
Participating City will contact Fort Worth as soon as possible to schedule the date, time
and location agreeable to both parties.
(a) Location
If Participating City chooses to hold the Mobile Collection Event on private
property, Participating City shall obtain a signed waiver from the owner of the
property one (1) week prior to the event. The waiver shall be in the form of
Exhibit B or similar form approved by Fort Worth. The signed waiver must be
sent to Fort Worth one (1) week before the Mobile Collection Event. If the signed
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waiver is not sent to Fort Worth one (1) week before the Mobile Collection Event,
Fort Worth will not send the Fort Worth Mobile Collection Unit to the event and
Participating City will, in no event, be entitled to any damages of recovery of any
costs, except as provided herein.
(b) Available Dates
Participating City acknowledges that Fort Worth contracts with other
municipalities and that Fort Worth will be accommodating each Participating
City's request on a first-come, first-served basis. Therefore, Participating City
acknowledges that its chosen date to schedule a mobile collection event may be
reserved by another City and Participating City will have to then choose another
date. Participating City will, in no event, be entitled to any damages or recovery
of any costs, except as provided herein.
2. At the Mobile Collection Event, Participating City acknowledges and agrees that Fort
Worth shall accept household hazardous waste from the first 50 households that show
proof of residency at the Mobile Collection Event. After the first 50 households, Fort
Worth will determine in its sole discretion how much more waste it can accept and store
properly. If more households arrive at the event than Fort Worth can accept, Participating
City will in no event be entitled to any damage of recovery of any costs, except as
provided herein.
3. Due to the lack of storage space at the ECC, Participating City acknowledges and agrees
that if it requests the Fort Worth Mobile Collection Unit at a mobile collection event, a
Participating City's Non-Fort Worth Mobile Collection Unit shall not also be at the event.
4. Participating City, in its sole discretion, will determine whether to send the Fort Worth
Mobile Collection Unit to Participating City's Collection Event during adverse weather or
the threat of adverse weather including but not limited to sleet, snow, rain, mist or hail. In
the event Fort Worth determines not to send the Fort Worth Mobile Collection Unit, Fort
Worth shall notify persons listed in Section 5, Paragraph A and shall send a Fort Worth
employee to the Participating City's event to tell any residents that come to dispose of
household hazardous waste; 1) that the Fort Worth Mobile Collection Unit will not be
coming to the event, and, 2) that the resident can go to the ECC to dispose of the waste
and provide a map to the ECC.
J. Loan of the Special Mobile Collection Unit
1. Participating City may request the loan of Fort Worth’s Special Mobile Collection Unit,
which is a specially designed and equipped thirty-six foot (36’) gooseneck box-trailer and
one (1) ton pickup, free of charge, for use in a Household Hazardous Waste Collection
Event when available. Participating City may use the Special Mobile Collection Unit to
transport HHW to Fort Worth’s ECC or another collection center which may lawfully
receive HHW. Participating City shall provide Fort Worth with a written request, facsimile
or e-mail at least thirty (30) days prior to the HHW collection Event for which the request
is made. Fort Worth shall have sole determination whether the Special Mobile Collection
Unit is available for use by Participating City and shall notify Participating City as soon as
is reasonably practicable of such decision. Fort Worth shall not participate nor be
responsible for any part of the Participating City’s HHW Collection Event unless and
except by written mutual agreement.
2. The Special Mobile Collection Unit shall be in good working condition and Fort Worth
shall disclose any known problems the Special Mobile Collection Unit may have in
performing the tasks necessary for the HHW Collection Event. Prior to issuance of the
Special Mobile Collection Unit, a pre-trip inspection for potential maintenance problems
will be performed by Fort Worth. Also, both parties will complete a pre-aesthetic
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assessment. Participating City shall be responsible for all certifications, and insurance
necessary for the proper operation of the Special Mobile Colelction Unit.
3. Participating City agrees to maintain and return the Special Mobile Collection Unit in as
good condition as it was in when Participating City took possession for use. Participating
Cty shall return the Special Mobile Collection Unit to Fort Worth in a timely manner and
as mutually agreed upon.
4. Participating City shall be responsible for all work-related property damage, personal
injury or death caused by Participating City’s employees or volunteers and arising out of
the use of the Special Mobile Collection Unit during the term of this Agreement.
5. It is expressly understood and agreed that, in the execution of this Agreement, neither of
the parties waives, nor shall be deemed hereby to waive, any immunity or defense that
would otherwise be available to it against clams arising in the exercise of governmental
powers and functions. By entering into this Agreement, the parties do not intend to
create any obligations; expressed or implied, other than those set forth herein and this
Agreement shall not create any rights in parties not signatories hereto.
5.
DUTIES OF PARTICIPATING CITY
Participating City agrees to perform the following duties in connection with the household hazardous
waste collection program:
A. Participating City will designate one of its employees, and another as an alternate, to act as its
household hazardous waste collection coordinator to interact with Fort Worth.
Designated person is: Stephen Seidell, telephone number: 682.831-4606. Pager number or 24-
hour number where he or she can be reached: 817-538-1067.
Alternate person is: Brandon Emmons, telephone number: 682-831-4607.
Pager number or 24-hour number where he or she can be reached: 817-538-1708.
B. Participating City will coordinate and fund all program advertising targeted to its own citizens, as it
deems necessary. Such advertising shall include the type of wastes that will be accepted at the
ECC, the requirement of proof of residency and weather cancellation information.
C. Participating City shall notify its residents of the ECC hours of operation and dates it is closed as
provided in Section 9 "The Environmental Collection Center Hours of Operation."
D. Participating City may choose to utilize a voucher system for its residents in order for them to
bring HHW to the ECC. If Participating City chooses to use such a system, it shall notify Fort
Worth of the decision, and shall provide Fort Worth with a copy of the official voucher. In addition,
if a citizen from a Participating City that utilizes a voucher system comes to the ECC or a mobile
collection event without a voucher, Participating City acknowledges and agrees that Fort Worth
will not accept the household hazardous waste until Participating City authorizes the acceptance
in writing.
E. Participating City may submit a written request for a monthly report listing the number of its city's
households that have disposed of household hazardous waste at the ECC or a mobile collection
event.
F. Participating City shall provide traffic control and signage for the mobile collection events, and
shall provide personnel to assist Fort Worth with the survey and screening of persons dropping
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off household hazardous waste. The parties prior to the event shall agree upon the details of the
traffic control, signage, and personnel assistance.
G. Participating City's Mobile Collection Units Collecting Household Hazardous Waste
1. Participating City shall advise the ECC program manager at least 72 hours in advance of
its mobile collection events. Participating City shall collect only HHW during a mobile
collection event. Wastes from commercial, agricultural, and industrial sources shall not be
accepted. Participating City shall not accept compressed flammable gas containers;
radioactive materials; explosives or potentially shock sensitive materials; biological,
etiologic, and infectious materials; and any other wastes that Fort Worth has determined
are unacceptable.
2. In accordance with the latest DOT requirements, Participating City's MCU operators will
properly categorize, package, mark, label, and load into the MCU, all wastes received at
the mobile collection event. Recyclable products (used oil, used oil filters, latex paint,
recyclable anti-freeze, lead-acid batteries, and fluorescent lights) will be segregated into
containers for recyclables.
3. After accepting wastes, Participating City's MCU operators shall thoroughly check each
container for proper labeling and identification. If a container is properly identified, the
material will be segregated according to hazard class and prepared for packaging. If a
container does not have adequate labeling to permit identification, the MCU operators
shall then attempt to identify the material from its physical characteristics using HAZCAT
analysis and from information provided by the household presenting the waste.
4. The Participating City's MCU operators shall package all hazardous materials in
accordance with United States Department of Transportation (DOT) requirements, United
States Environmental Protection Agency (EPA) requirements, and all other applicable
federal and state requirements. After all the wastes have been properly identified and
segregated, the MCU operators will reexamine the wastes for compatibility, list them on
the container content sheets, and pack them into drums. Oil-based paints and latex
paints shall be bulked separately in 55-gallon drums, or if the paint is left in its container,
the paint can be packed in a lined cubic yard box, and packed and labeled according to
federal and state regulations. Participating City shall not transport waste that is not HHW
to the ECC. Participating City agrees to make its own arrangements to dispose of any
non-HHW waste collected at the event.
5. Prior to transporting the HHW from the collection event site(s), Participating City's MCU
operators shall complete a Bill of Lading, and shall keep the Bill of Lading in the cab of
the truck hauling the MCU during transportation of the HHW to the ECC. Participating
City shall require that a minimum of one copy of the latest North American Emergency
Response Guidebook be kept within the cab of the truck.
6. During transportation, Participating City's MCU operators shall placard the MCU for
transportation of hazardous waste in accordance with federal and state law.
7. Upon the return of the MCU to the ECC, Participating City's MCU operators shall follow
the instructions of Fort Worth regarding the placement of the MCU for unloading. Fort
Worth shall take possession of the MCU from Participating City after the MCU has been
properly parked for unloading in accordance with Fort Worth's instructions and all
required documents have been delivered to the ECC program manager or his designee
at the ECC. Fort Worth shall, within a reasonable amount of time, unload the HHW from
the non-Fort Worth MCU and store the HHW at the ECC.
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8. If Fort Worth, in its sole discretion, determines that Participating City's MCU operators
improperly packaged any of the HHW delivered to the ECC, Fort Worth shall repackage
such waste, and Participating City shall reimburse Fort Worth as set forth in Section 10.,
Paragraph B.
9. If a spill occurs at the ECC while the MCU is still in Participating City's possession, Fort
Worth shall take control of the spill response and Participating City will reimburse Fort
Worth for its response costs as set forth in Section 10, Paragraph C.
6.
USE OF WASTE DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE
A. Fort Worth will enter into a contract(s) with waste disposal/recycling firm(s) for the handling,
collection, transportation, storage, disposal, treatment, recovery, and/or reuse of household
hazardous waste, which is collected at the ECC.
B. Such firm(s) shall be required pursuant to the contract(s) to assume generator status for the
waste collected, (excluding used oil, lead-acid batteries and antifreeze) to choose a disposal site
for the waste subject to Fort Worth's approval, and to indemnify Fort Worth and participating cities
against any and all environmental damages and the violation of any and all environmental
requirements resulting from the handling, collection, transportation, storage, disposal, treatment,
recovery, and/or recycling of waste collected pursuant to this agreement, when said
environmental damages or the violation of said environmental requirements was the result of any
act or omission of contractor, its officers, agents, employees, or subcontractors, or the joint act or
omission of contractor, its officers, agents, employees, or subcontractors and any other person or
entity.
C. THE PARTIES RECOGNIZE THAT ALTHOUGH THE FIRM(S) WILL BE REQUIRED TO
ASSUME GENERATOR STATUS, THIS ASSUMPTION WILL NOT RELIEVE PARTICIPATING
CITY OF LIABILITY FOR THE WASTE UNDER FEDERAL LAW AND STATE LAW. Fort Worth
will arrange for recycling vendors for used oil, batteries, antifreeze, and other materials, as it
deems appropriate.
7.
REUSE OF COLLECTED MATERIALS
A. From time-to-time, Fort Worth will make available to residents and businesses of Fort Worth, as
well as, Participating City and residents and businesses of Participating City for their use,
collected household hazardous waste materials that are suitable for reuse, such as paint,
fertilizer, motor oil, and antifreeze. Fort Worth shall not charge for any materials that are picked
up for reuse.
B. Some materials made available for reuse may have been consolidated and filtered by Fort Worth
prior to being made available. Used antifreeze will have been consolidated in a barrel, filtered,
and pH balanced, and new antifreeze may have been added to the barrel.
C. In regards to materials accepted by Participating City, FORT WORTH MAKES NO
REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT:
1. the container contents are what the label indicates;
2. the container contents are those originally placed into the container by
themanufacturer;
3. the product is of the quality intended for its use;
21
4. the contents of the container have been stored properly;
5. the instructions on the container label for use, storage, and first aid are current or correct;
6. the container is in unimpaired condition;
7. the product is still approved for use (i.e., it has not been banned or recalled); and
8. the product can be used without risk to persons, property or the environment.
FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE SPECIFICALLY
DENIED.
D. Participating City shall contact the ECC program manager to arrange a pickup time to obtain
materials. Participating City agrees that it shall not return to Fort Worth, directly or indirectly, any
materials it obtains from Fort Worth under this paragraph.
E. IN REGARDS TO MATERIALS ACCEPTED BY PARTICIPATING CITY, PARTICIPATING CITY
DOES HEREBY WAIVE ALL CLAIMS, INCLUDING PRODUCTS LIABILITY CLAIMS, AND
RELEASES, AND HOLDS HARMLESS THE CITY OF FORT WORTH, AND ALL OF ITS
OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEERS, IN BOTH THEIR
PUBLIC AND PRIVATE CAPACITIES, FROM ANY AND ALL LIABILITY, CLAIMS, SUITS,
DEMANDS, EXPENSES OF LITIGATION, OR CAUSES OF ACTION WHICH MAY ARISE BY
REASON OF INJURY TO PERSONS, LOSS OF PROPERTY, DAMAGE TO PROPERTY, OR
LOSS OF USE OF ANY PROPERTY, OCCASIONED BY THE TRANSPORTATION,
STORAGE, HANDLING, USE, AND DISPOSAL BY PARTICIPATING CITY OF ANY
MATERIALS ACCEPTED BY PARTICIPATING CITY UNDER THIS AGREEMENT FROM FORT
WORTH.
F. In regards to materials accepted by residents or businesses of Participating Cities, FORT
WORTH MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT:
1. the container contents are what the label indicates;
2. the container contents are those originally placed into the container by the
manufacturer;
3. the product is of the quality intended for its use;
4. the contents of the container have been stored properly;
5. the instructions on the container label for use, storage, and first aid are current or correct;
6. the container is in unimpaired condition;
7. the product is still approved for use (i.e., it has not been banned or recalled); and
8. the product can be used without risk to persons, property or the environment.
FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE SPECIFICALLY
DENIED.
G. Participating City shall attempt to inform its residents and businesses that if they go to the
Environmental Collection Center to pick up household hazardous waste for reuse, a release of
liability must be signed to accept the household hazardous waste for reuse.
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8.
RIGHT TO REFUSE WASTE
Participating City agrees that Fort Worth shall have the right to refuse to accept waste at the ECC from
Participating City's resident and to eject such individual from the premises of the ECC, if in the reasonable
judgment of Fort Worth:
A. The waste is not household hazardous waste;
B. The waste fails to meet other established criteria established by this Agreement, or that have
been established by Fort Worth subsequent to the execution of the Agreement;
C. The individual does not have sufficient identification to establish that he/she is in fact a resident of
Participating City;
D. Participating City has implemented a voucher system for its residents to dispose of waste, and
the individual does not have a valid voucher; or
E. The waste or the individual presents a hazard to the ECC or to persons or property at the ECC.
9.
ENVIRONMENTAL COLLECTION CENTER HOURS AND DAYS
OF OPERATION
A. Hours of Operation
During the term of the Agreement, the ECC's hours of operation are as follows:
Thursday and Friday from 11:00 a.m. to 7:00 p.m.
Saturday from 9:00 a.m. to 3:00 p.m.
B. Days the Environmental Collection Center will be closed
During the term of the Agreement, the ECC will be closed on the following days:
Thanksgiving Holiday, November 22-23, 2007
Christmas Holiday, December 25, 2007
New Year’s Eve, January 1, 2008
M.L.K. Day January 21, 2008
Memorial Day, May 26, 2008
Independence Day, July 4, 2008
Labor Day, September 1, 2008
C. Notifying Residents
Participating City agrees to notify its residents of the ECC's hours of operation and dates it will be closed.
Participating City may advertise the 24-hour Environmental Collection Center telephone number to give
its residents the Environmental Collection Center's hours. The number is: (817) 871-5257.
10.
COMPENSATION
As fair compensation for the services provided by Fort Worth pursuant to this Agreement:
A. Participating City agrees to pay Fort Worth the sum of $47.00 per household per visit to the ECC
or per household for participation in a Mobile Collection Event to dispose of household hazardous
waste.
23
B. If Fort Worth determines that Participating City's MCU operators improperly packaged any of the
HHW delivered to the ECC, Fort Worth shall repackage such waste, and Participating City shall
reimburse Fort Worth for it staff time at $20.00 an hour and the cost of supplies.
C. If a spill occurs at the ECC while the non-Fort Worth MCU is still in Participating City's
possession, Fort Worth shall take control of the spill response and Participating City will
reimburse Fort Worth for its response costs of $60.00 per hour staff time and the cost of supplies.
D. The amount due to Fort Worth for services provided under this Section, Paragraphs A, B, and C,
shall be billed to Participating City quarterly in an amount not to exceed EIGHT THOUSAND AND
NO/100 DOLLARS ($8,000.00) ANNUALLY. Participating City shall pay Fort Worth within 30
days of receiving a bill from Fort Worth. If Fort Worth does not receive payment within 30 days,
Fort Worth shall inform Participating City in writing that it will not accept any household hazardous
waste from Participating City's residents and that Fort Worth will not participate in a mobile
collection event or provide a mobile collection unit until paid.
E. At the end of the term of this Agreement, Fort Worth shall provide a final accounting to
Participating City, which will include the total number of Participating City's households, which
participated in the program, repackaging fees, if any, and the total cost of spill response charged
to Participating City, if any.
F. Pursuant to the requirements of Government Code §791.011 (a)(3), the amount due to Fort
Worth under Subparagraph D. above shall be paid from revenues currently available to
Participating City in the present fiscal year.
11.
ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIONAL MATERIALS
LICENSE AGREEMENT
Fort Worth is the owner of "Captain Crud" and the Cruddies ("Bloomer," "Otto," "Pestie, "Scrub," and
"Van Goo") "Conquer Your Crud," and "Crud Cruiser", and therefore all ownership rights belong to
Fort Worth. Fort Worth has registered these marks as service marks with the Secretary of State.
A. Fort Worth hereby grants to Participating City a non-transferable, non-exclusive license to use all
the artwork and promotional materials that may be provided by Fort Worth to be used solely in the
conduct of the business of Participating City's disposal and recycling of household hazardous
waste programs. If Participating City wishes to use to Licensed Art and/or Promotional Materials
in other limited situations, Participating City must first obtain express written consent from Fort
Worth.
B. Fort Worth may provide licensed Artwork and Promotional Materials to Participating City pursuant
to the terms of this Agreement. Participating City acknowledges that by virtue of this License,
Participating City acquires only the right to use the original and permitted duplicate copies of the
Licensed Artwork and Promotional Materials and does not acquire any rights of ownership in the
Licensed Artwork and Promotional Materials, which rights shall remain exclusively with Fort
Worth. If Participating City wants to modify or change the artwork and/or promotional materials in
any manner, Participating City hereby agrees to contact Fort Worth in writing to obtain written
consent before modifying or changing any artwork and/or promotional materials.
C. If Participating City desires an actor to portray "Captain Crud" for an event, Participating City shall
use actors approved by Fort Worth to portray "Captain Crud" since "Captain Crud" is owned by
Fort Worth. Participating City shall be solely responsible for compensating actor for the services
provided to Participating City. Participating City will contact Fort Worth as soon as possible with
the date and time of the event agreeable to both parties to obtain approval for the chosen actor
and to request and pickup the "Captain Crud" costume for its events. Fort Worth will provide the
"Captain Crud" costume. However, Participating City agrees to be liable to Fort Worth for any
24
damage to the costume or if Participating City fails to return the entire costume to Fort Worth or if
the costume is not returned in the same condition as received.
12.
IMMUNITY
It is expressly understood and agreed that, in the execution of this Agreement, none of the participating
cities waives, nor shall be hereby deemed to waive, any immunity or defense that would otherwise be
available to it against claims arising in the exercise of governmental powers and functions, and that the
services described in this Agreement are a governmental function.
13.
FORCE MAJEURE
A delay or failure of Fort Worth to perform services pursuant to this Agreement shall be excused to the
extent that the delay or failure to perform resulted from a force majeure event, and the delay or failure
was beyond the control of Fort Worth and not due to its fault or negligence. Participating City shall not
have, and hereby waives, any claim whatever for any damages resulting from delays or failure to perform
caused by a force majeure event.
14.
TERMINATION
The parties shall each have the right to terminate the Agreement for any reason, with or without cause,
upon thirty (30) days written notice to the other party. Upon termination, the parties shall be released from
all contractual obligations to the other party excluding "USE OF WASTE DISPOSAL/RECYCLING FIRMS
FOR HOUSEHOLD HAZARDOUS WASTE" (Paragraph 6) "REUSE OF COLLECTED MATERIALS"
(Paragraph 7) and "ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIONAL
MATERIALS LICENSE AGREEMENT (Paragraph 11).
15.
NOTICE
Any notices required to be given under this Agreement shall be delivered as follows:
If to Fort Worth:
Brian Boerner, CHMM, Director
Department of Environmental Management
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
If to Participating City:
Brandon Emmons, Town Manager
Town of Trophy Club, Texas
100 Municipal Drive
Trophy Club, Texas 76262
Facsimile: 817.491.9312
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16.
ENTIRETY
This Agreement contains all commitments and Agreements of the parties hereto, and no other oral or
written commitments shall have any force or effect if not contained herein, except that this Agreement can
be amended or modified by the parties if such amendment or modification is in writing and signed by
Participating City and Fort Worth.
17.
SEVERABILITY
In the event anyone or more of the provisions contained in this Agreement shall for any reason be held to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not
affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provisions had never been contained herein.
18.
VENUE
Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of this
Agreement; venue for said action shall be in Tarrant County, Texas.
19.
AUTHORITY
This Agreement is made for Fort Worth and Participating City as an Interlocal Agreement, pursuant to
Texas Government Code, Chapter 791.
20.
AUTHORIZATION
The undersigned officers and/or agents of the parties hereto are properly authorized officials and have
the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby
certifies to the other that any necessary resolutions extending such authority have been duly passed and
are now in full force and effect.
EXECUTED IN TRIPLICATE
CITY OF FORT WORTH TOWN OF TROPHY CLUB
By: By:
_____________________________ _____________________________
Libby Watson Nick Sanders
Assistant City Manager Mayor
Date: Date:
APPROVED AS TO FORM: APPROVED AS TO FORM:
_____________________________ _____________________________
Assistant City Attorney Town Attorney
26
ATTEST: ATTEST:
_____________________________ _____________________________
Martha Hendrix Lisa Ramsey
City Secretary Town Secretary
____________________________
Contract authorization
____________________________
Date
27
Exhibit "A"
RESTOCKING LIST FOR THE MOBILE COLLECTION UNIT
Material Amount restocked Special Needs Remarks
55-gallon open top
drums (open top for
loose packs)
Amount taken off the
trailer
55-gallon drums
(closed top) (Oil,
antifreeze, bulk
flammable materials
and one extra)
Amount taken off the
trailer
Fiber drums (55- or 30-
gallon) Aerosols, acids,
bases and oxidizers)
Amount taken off the
trailer
Gaylord box liners
(plastic)
Amount taken off the
trailer
55-gallon drum liners Amount taken off the
trailer
5-gallon buckets
(filters/haz chemicals)
Amount taken off the
trailer
Survey Forms Amount taken off the
trailer
Labels/drum placard Amount taken off the
trailer
Gaylord boxes Amount taken off the
trailer
Absorbent pads Amount taken off the
trailer
Vermiculite Amount taken off the
trailer
Oil dry Amount taken off the
trailer
Promotional Materials &
Brochures
Amount taken off the
trailer
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Exhibit "B"
WAIVER AND RELEASE OF LIABILITY FOR COLLECTION OF HOUSEHOLD
HAZARDOUS WASTE
I being the owner of property located at ______________________________________
have been asked by the Town of Trophy Club to allow a mobile collection event on my property to collect
household hazardous waste on the ________________, 200__.
In consideration of _________________________, I hereby give my permission to the Town of Trophy
Club to hold a household hazardous waste collection event on my property in which the Town of Trophy
Club has asked the City of Fort Worth to send its mobile collection unit to collect the household
hazardous waste that is brought to the event.
Therefore, in consideration of _________________________________, I hereby RELEASE,
DISCHARGE, HOLD HARMLESS, INDEMNIFY the City of Fort Worth or its officers, agents, and
employees and the Town of Trophy Club and its officers, agents, and/or employees for any and all claims,
demands, liability, causes of action, actions or suits of any character that I may have against the City of
Fort Worth or its officers, agents, and/or employees and the Town of Trophy Club or its officers, agents,
and/or employees for any property loss or damage, for any and all personal injury including death or any
other damage of any kind or character which may arises or that arises from allowing the Town of Trophy
Club to hold a household hazardous waste collection event, in which the City of Fort Worth sends its
mobile collection unit on my property.
I have read this Waiver and Release and fully understand its terms and conditions. I have not been
influenced in any extent whatsoever by any representation or statements not contained in this Agreement.
I hereby acknowledge that this Waiver and Release is given in consideration of
_________________________________________________.
_________________________________ ______________________________
Signature Date
________________________________ ______________________________
Witness Witness
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-10-2007
Subject: Agenda Item No.C.1
Public Hearing: Town Council to conduct a second Public Hearing
regarding the budget and proposed tax rate increase for fiscal year October
1, 2007 to September 30, 2008.
EXPLANATION:
The Mayor is required to announce the date, time and place of the vote on the tax rate
and this announcement must be made during the public hearing on the tax rate.
Suggested wording for announcement, “The Town Council will be voting on the 2007-08
tax rate on September 24, 2007, during their Regular Session, which starts at 7:00 P.M.
The meeting will be held here in the Council Chambers.”
RECOMMENDATION:
ACTION BY COUNCIL:
30
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-10-2007
Subject: Agenda Item No.C.2
Public Hearing: (SP-07-008) to consider an amendment to Town Ordinance
No. 2007-11 P&Z, the same being PD-28, Northwest High School No. 2, to
approve a Final Site Plan. Applicant: MJ Thomas Engineering, LLC on
behalf of Northwest ISD.
Case Summary: The applicant, M.J. Thomas Engineering, LLC on behalf of
Northwest ISD is requesting approval of a final site plan for NISD High School No. 2
(Byron Nelson High School). This project is located on 92.655 acres in the northwest
corner of the Town of Trophy Club.
The Town of Trophy Club “PD” Planned Development District Regulations require that a
site plan be approved by the Town Council, after recommendation by the Planning and
Zoning Commission, in order to ensure that the proposed use complies with design
standards, policies, and criteria deemed necessary to the safety, health and welfare of
the Town. This includes such items as building height and setbacks, fire lanes and
parking lot circulation, exterior lighting, signage, landscaping… etc.
Plat Status: A final plat is also on this agenda for consideration as a separate action
item.
Existing Zoning: The site is currently zoned Planned Development (PD) No. 28,
Northwest High School No. 2.
Site Design:
• The project consists of 4 lots:
o Lot 1, Block 1 consists of 82.859 acres and the school buildings and auxiliary
uses such as athletic fields and a stadium are located on this lot.
o A water tower will be located on Lot 2, Block 1.
o Lot 1 and Lot 2, Block 2 are open areas that will be created when Northwest
Parkway is constructed. These areas will be irrigated and maintained by
NISD.
• A portion of the tennis courts and the northwest parking lot encroach into the 30’
building line setback. Staff is willing to allow encroachment for grass, turf, asphalt
and fencing only. No building structure or bleachers are allowed to encroach into
the setback.
31
• There is one dumpster location at the southeast corner of the bus parking lot. The
applicant had indicated that another location would be southwest of the competition
football field (see P&Z stipulations), but that location has been deleted from the
plans. NISD feels that one dumpster location will meet the Town regulations
requiring that all trash receptacles be adequately sized to contain all trash at all
times. Per Town regulations, the dumpster is enclosed on three sides with masonry
walls and has a gate of similar architectural style as the buildings.
Site Accessibility and Parking: The site is bordered on the south by Marshall Creek
Road and is located north of the existing intersection of Marshall Creek Road and
Parkview Drive. Marshall Creek Road is currently a two-lane undivided roadway with a
posted speed limit of 30 miles per hour.
A new section of road, Northwest Parkway, is planned west of the intersection of
Marshall Creek Road and Parkview Drive. The new section will extend north-south
(serving as the western border of the high school) and turn to the west once north of the
high school and connect with US 377. This section is proposed to be a four lane
divided cross-section from US 377 to Parkview Drive. This road will be built in
cooperation with The Town of Trophy Club, City of Roanoke, Town of Marshall Creek,
Denton County, Texas Department of Transportation, and Centurion American
Development, LLC. and is anticipated to be completed by August 2009. Should
negotiations fail with these parties, Northwest ISD has agreed to build the portion of the
road that will serve as the western border of the high school (letters attached).
Access to the high school is possible via four locations: A south access point off of
Marshall Creek Road and three access points off on Northwest Parkway; therefore, it is
critical that Northwest Parkway exist by August 2009.
A Traffic Impact Analysis report for the high school site was prepared by Lee
Engineering and has been reviewed and approved by Innovative Transportation
Solutions (memo attached) and staff.
The facility will have 2,200 students and 200 staff. Parking requirements are 1 space
for every 3 persons therefore 800 parking spaces are required for this facility. The
applicant is proposing 32 bus parking spaces, 834 typical parking spaces and 22 ADA
parking spaces.
Building Design:
• Building materials consist of traditional brick and cast stone.
• The 2- and 3-story H-design school buildings (475,000 sq. ft.) are located at the
north end of the lot with the majority of the parking lots and the athletic fields
between the school buildings and Marshall Creek Rd. By ordinance, no building or
structure shall exceed 85-ft. or three stories in height.
o 750-seat food court cafeteria and coffee shop
o 800-seat auditorium for band, choir, drama, and orchestra
32
o 4 gymnasiums (a competition gymnasium w/1,400 seating capacity and three
gyms w/1,400 seating capacity for physical education, athletics, drills, dance
and cheerleading)
o 2 weight rooms
o Indoor activity center
o Competition football stadium has a planned capacity for the bleachers of
1,000 for the home side and 500 for the visitors side. These are going to be
listed as alternates in the building construction documents.
o The baseball and softball stadium capacity is 250 for each grandstand. There
are typical dugouts for a high school team.
o Each tennis bleacher holds up to 50 people and there are four bleachers
planned for a total capacity of 200 people.
o The gym roof meets the height requirements for a competition gym.
Signage and Lighting:
• The “Byron Nelson High School” lettering on the front of the high school is 24” high
cast aluminum backlite letters which meet Town regulations.
• Two marquee signs are proposed for the site. One is west of the entrance off
Marshall Creek Road and the other is at one of the entrances along Northwest
Parkway Drive, south of the tennis courts and west of the practice soccer fields. The
proposed signs meet current standards.
• The parking lot lighting fixtures are a maximum total height of 30 feet. The athletic
fields lighting fixtures have a maximum height of 90 feet. All lighting shall be
oriented down and away from adjacent property owners and shall not cause a
nuisance to surrounding neighborhoods.
Landscaping and Screening:
• PD-28 requires that interior areas of parking lots must contain planter islands or
berms located no further apart than every 24 parking spaces and at the terminus of
all rows of parking. The proposed parking landscaping exceeds the minimum
requirements.
• Perimeter landscape areas must contain at least one tree for each 50 linear feet.
The proposed perimeter landscape plans exceeds the minimum requirements.
• Trees must be planted in non-vehicular open space to meet a minimum requirement
of 9 trees/4,000 sq. ft. Existing trees preserved on a developed site may be credited
toward this requirement. The proposed plan provides 99 existing trees of 8”+ caliper
and 1,402 new 4” caliper trees. This is not enough to meet the required minimum.
The applicant is asking Town Council permission to proceed with less than the
required non-vehicular open space minimum tree landscaping. Staff reviewed the
landscape plans and found that adding additional trees would require extensive
reconfiguration of the campus. Since the plan, as presented, offers a well balanced,
manicured high school campus, the Parks and Recreation Director and the Town
Manager recommend approval of this request.
Staff Recommendation: Staff recommends approval of the final site plan for the
Byron Nelson High School NISD High School No. 2 project.
33
Planning & Zoning Commission Recommendation: On August 16, 2007, the
Planning & Zoning Commission recommended approval, by a vote of 3-1, of the NISD
High School No. 2 final site plan with the following stipulations:
1) no encroachment of buildings or bleachers into 30’ building line setback other
than grass, turf, asphalt and fencing around the tennis courts and northwest
parking lot area.
2) On site plan, label dumpster location near competition football field.
[APPLICANT IS REQUESTING REMOVAL OF THIS DUMPSTER FROM THE
SITE PLAN.]
3) Provide elevations of the building itself, specifically showing the reflectivity.
4) Increase landscaping or include a berm on the eastern boundary that provides a
barrier to deflect headlights away from future housing.
5) Recommend allowing parking lot reduction by removing the 5-ft. grassy islands in
between the head-in stall parking spaces, retaining the end caps and the
landscape islands. No parking spaces are to be removed.
6) Allow non-vehicular open space to be less than minimum required, allowing
1,600 trees rather than 1,794.
Attachments: Application
NISD Letters Pertaining to Northwest Parkway
Traffic Impact Analysis Memo from Innovative Transportation Solutions,
Inc.
Planning & Zoning Commission Meeting Minutes – August 16, 2007
Site Plan
Tree Survey
Landscape Plans
Elevations and Enlarged Plans
Photometrics
34
35
36
37
38
39
PLANNING AND ZONING COMMISSION MEETING MINUTES
AUGUST 16, 2007
C.2 SP-07-008 PUBLIC HEARING TO CONSIDER AN AMENDMENT TO TOWN
ORDINANCE NO. 2007-11 P&Z, THE SAME BEING PD-28 NORTHWEST
HIGH SCHOOL NO. 2 TO APPROVE A FINAL SITE PLAN. APPLICANT: MJ
THOMAS ENGINEERING, LLC ON BEHALF OF NORTHWEST ISD.
Chairman Hill called for a motion to open the public hearing. Vice Chairman Stephens,
seconded by Commissioner Ashby motioned to open the public hearing. The motion
passed unanimously 4-0.
Mickey Thomas, MJ Thomas Engineering, came forward to present the site plan. They
asked for a revision to the parking lot, requesting permission to remove the 5-ft. grassy
islands in between the head-in stall parking spaces, retaining the end caps and the
landscape islands. No parking spaces are being removed.
Vice Chairman Stephens asked if they were putting wheel stops in each space. Mr.
Thomas responded that they would not. Commissioner Ashby asked if it would be
bumper to bumper. Mr. Thomas responded, “Yes sir.”
Mr. Thomas stated that the architect, landscaper, and lighting consultant are present to
answer questions.
Mr. Thomas explained the site plan, pointing out the locations of such things as the fire
lanes, parking, trash dumpster with screening walls, transformers, loading docks, tennis
courts, athletic facilities, and running track.
Carolyn Huggins, Planning & Zoning Coordinator, gave additional site information,
pointing out the four lots that make up the site plan. She explained that a portion of a
parking lot, tennis courts and an athletic field encroach into the 30-ft. building line
setback which staff has approved provided that no bleachers or buildings of any kind
encroach. She also pointed out an additional dumpster location that is missing from the
site plan reviewed by the Planning & Zoning Commissioners. This dumpster location
will be added to the site plan reviewed by the Town Council.
Ms. Huggins explained that the parking lot revision requested by the applicant has been
reviewed by the Town Manager, and staff can support this request as the parking will
still meet the PD and Town regulations. Eight hundred (800) parking spaces are
required for this facility and the applicant is providing more than that.
Ms. Huggins pointed out the four access points to the high school, one off of Marshall
Creek Rd. and three off of the proposed Northwest Parkway so it is critical that the road
be built. The buildings will have traditional brick and cast stone.
40
Non-vehicular open space comprises approximately 18-acres of the 90+-acre site and in
those 18-acres the applicant is required to provide 1,794 trees. The applicant will
provide approximately 1,600 trees in those areas. The Town Manager and the Director
of Parks and Recreation reviewed this request. Most of the 18+-acres are located in the
northern portion of the site in flood plain. It would be difficult to plant additional trees
there, thus staff is willing to support this request from the applicant.
As there were no further comments and none others wishing to speak during the public
hearing, the Chairman called for a motion to close the public hearing. Vice Chairman
Stephens, seconded by Commissioner Ashby, motioned to close the public hearing.
The motion carried with a unanimous vote of 4-0.
C.3 SP-07-008 CONSIDERATION OF AN AMENDMENT TO TOWN ORDINANCE
NO. 2007-11 P&Z, THE SAME BEING PD-28 NORTHWEST HIGH SCHOOL
NO. 2 TO APPROVE A FINAL SITE PLAN. APPLICANT: MJ THOMAS
ENGINEERING, LLC ON BEHALF OF NORTHWEST ISD.
The Chairman called for questions and discussion of the Site Plan for NISD High School
No. 2.
Commissioner Ashby asked for an explanation of the realignment of Parkview. Mr.
Thomas explained that Parkview will be realigned to the east because Marshall Creek
Rd. and the proposed Northwest Parkway could not come together at Parkview
because there is a 500-ft. separation requirement between those roads.
Commissioner Ashby is concerned about the access to Medlin Middle School. Mr.
Thomas responded that those coming east on Marshall Creek Rd. will turn into the
school parking lot and then exit from the school property either north or south onto the
realigned Parkview.
Mayor Nick Sanders stated that there is a joint Marshall Creek, Roanoke and Trophy
Club grant proposal to allow a turnaround on the west side of Medlin Middle School,
along with cross walks and side walks for the children.
Mr. Ashby asked if a rotunda was considered in lieu of the triangle. The Mayor
responded that he would prefer to have a roundabout, as they seem to be working well
in northeast Tarrant County, but the school district is concerned that young high school
drivers may find the roundabout confusing. The roundabouts in Southlake are by an
elementary school.
Mr. Ashby is concerned that access problems are being created with this configuration.
The Mayor pointed out that reconfiguration would be hindered by utility issues in the
area. Mr. Thomas explained that there are major overhead electrical lines and a high
pressure gas line that comes down the west side of the right-of-way which limits
options. Commissioner Sheridan asked if the high pressure gas line was Oncor. Mr.
41
Thomas stated that it is Encana’s line to service the gas wells. Commissioner Sheridan
asked if the gas lines follow the right-of-way as outlined in the gas ordinance. Mr.
Rutledge responded that on this plat the right-of-way is being changed. Commissioner
Sheridan confirmed, “so the gas line is where it is supposed to be per the gas well
ordinance”.
Mr. Rutledge added that what is driving this realignment is to keep the traffic off of
Marshall Creek through Roanoke. This allows an access to be taken up to 377 as a
bypass around Marshall Creek Rd. It will serve the high school from the west side but it
also helps route traffic through the Town of Trophy Club, which is also part of the TIA
which was prepared for the high school and supports the traffic for The Highlands. This
connection is also needed for The Highlands development as a connection to 377. This
would become the direct route and Marshall Creek tees (T’s) and yields to the main
road (Northwest Parkway).
Vice Chairman Stephens asked if the new intersection at Northwest Parkway and 377
would be a controlled intersection. Mr. Thomas stated that he believed all indications
are that it will be a signalized intersection. The Town Manager, Brandon Emmons,
stated that all discussions about the intersection at 377 and Northwest Parkway have it
as a signalized intersection. The City of Roanoke has started working with TXDOT to
warrant a signal. The intent is to have the signal in place for when the school opens.
Mr. Ashby expressed further concerns about the realignment of Parkview. Mr. Emmons
explained that there will be a new turnaround and/or improvements to the existing bus
turnaround at the middle school. Mehran Aghili, Construction Manager, NISD, gave
further explanation and review of pick up and drop off at Medlin Middle School. [As this
property is not part of the site plan or plat that is being considered by the Commission
on the agenda this evening, further discussion of this topic is not transcribed but is
available for public review if desired.]
Commissioner Sheridan stated that the two marquees meet the ordinance. He asked if
the name on the building also meets Town regulations. Ms. Huggins responded that it
does.
Commissioner Sheridan asked about the elevation of the building itself. Is it a mirror
finish on the building itself. How reflective is it? If there is a lot of brick, how would that
affect the future homeowners to the east? Are there any mirrors or amount of glass on
that side that would be reflective of any of the light that would create a cast? Also the
driveways coming out of the parking lot point right at the houses that will exist there
someday. What type of barrier is there which would protect the homeowners from
headlights turning that way? How dense is the landscaping?
Stephen Elwood, Corgan Associates, Inc., stated that regarding the building reflectivity,
the performing arts area is an acoustical block with high, minimal windows. Regarding
the headlights, the main thoroughfare will not directly face the future homes. However,
after football games and such there will be cars leaving the campus in that direction,
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and there is an existing creek which will remain and that topography lends itself to
keeping the sites separate from each other creating less impact upon each other.
Chris Tronzano, smr Architects, stated that there are trees going in at the terminuses of
the access drive to help provide screening, as well as existing vegetation in that area
that is going to remain. The grade is pretty steep to where it comes off the parking lot,
drops down into a creek, and then comes back up. The house lots are on the other side
of the bank.
Mr. Thomas stated that on the landscape plan it shows the lots higher than the high
school property. There is also a drainage channel and with the way that the site is
graded the area is bermed to be 4-ft. higher than the road so the headlights will actually
hit into the embankment.
Commissioner Sheridan asked that a berm be included to deflect the headlights. Mr.
Thomas and Mr. Aghili approached the dais and reviewed the landscape sheet with
Commissioner Sheridan, however, the plans that Mr. Aghili carried did not match the
plans that the Commissioners were reviewing. The plans that the Commissioners are
considering are not the latest plans per the architect. The latest plans have even less
trees than the plans that the Commissioners are considering.
Carolyn Huggins, Planning & Zoning Coordinator, stated to the Commissioners that they
should not consider any plans other than those that were submitted by the applicant and
were delivered to the Commissioners in their packets for the agenda this evening. If the
site plan is recommended for approval, the plans that are being approved are those that
are in the Commissioners hands, not those in the applicant’s hands that differ from what
was submitted.
Commissioner Sheridan asked for capacities of the athletic facilities. Stephen Elwood,
Corgan Associates, Inc., stated that the planned capacity for the bleachers are 1,000 for
the home side and 500 for the visitors side. These are going to be listed as alternates
in the building construction documents. The baseball and softball stadium capacity is
250 for each grandstand. There are typical dugouts for a high school team. Each
tennis bleacher holds up to 50 people so there is a capacity for a total of 200 people.
Mr. Ashby asked for the roof height of the competition gym. Mr. Aghili assured the
Commissioner that the roof meets correct height requirements for a competition gym.
Mr. Ashby asked if the parking lot lighting would be shrouded on the western, southern,
and eastern side of the complex which will be facing residential properties in the future.
Bill Haynes, Romine, Romine, & Burgess (lighting consultants) stated that there is zero
spilling glare at the property line. There will be shrouds on all the sports lighting that will
keep the direct lighting on the fields.
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Vice Chairman Stephens stated that he recalled that there would be no competition at
night. Mr. Aghili stated that the Town is in discussion with the school district to use the
baseball fields as a Town facility for night games.
Chairman Hill clarified that the high school games would be in the afternoon, but if there
is a joint agreement with the Town than sports associations might have games in the
afternoons or evenings.
As there were no further questions or discussions, the Chairman called for a motion.
Vice Chairman Stephens motioned to approve the final site plan for Northwest High
School No. 2 with the following stipulations:
1) no encroachment of buildings or bleachers into 30’ building line setback other
than grass, turf, asphalt and fencing around the tennis courts and northwest
parking lot area.
2) On site plan, label dumpster location near competition football field.
3) Provide elevations of the building itself, specifically showing the reflectivity.
4) Increase landscaping or include a berm on the eastern boundary that provides a
barrier to deflect headlights away from future housing.
5) Recommend allowing parking lot reduction by removing the 5-ft. grassy islands in
between the head-in stall parking spaces, retaining the end caps and the
landscape islands. No parking spaces are to be removed.
6) Allow non-vehicular open space to be less than minimum required, allowing
1,600 trees rather than 1,794.
Commissioner Ashby seconded the motion.
Ayes: Hill, Stephens, Ashby
Nays: Sheridan
Action: 3-1, Approved
Motion carried.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-10-2007
Subject: Agenda Item No.D.1
Discuss and take appropriate action regarding an amendment to Ordinance
No. 2007-11 P&Z, the same being PD-28, Northwest High School No. 2, to
approve a Final Site Plan. Applicant: MJ Thomas Engineering, LLC on
behalf of Northwest ISD. (SP-07-008)
Attachment: Ordinance
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO 2007-_____ P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING
ORDINANCE NO. 2007-11 P&Z, KNOWN AS PD PLANNED DEVELOPMENT
DISTRICT NO. 28, NORTHWEST HIGH SCHOOL NO. 2, ADOPTING A DETAILED
FINAL SITE PLAN FOR NISD HIGH SCHOOL NO. 2, LOTS 1 AND 2, BLOCK 1, AND
LOTS 1 AND 2, BLOCK 2, BY ADDING EXHIBIT “B” ENTITLED “SITE PLAN”;
PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING AN AMENDMENT
TO SECTIONS A, B, C, D, E, AND F OF ORDINANCE NO. 2007-11 P&Z BY
PROVIDING A FINAL DETAILED SITE PLAN, PROVIDING A LANDSCAPE PLAN
AND PLANT LIST, PROVIDING AN IRRIGATION PLAN, PROVIDING BUILDING
ELEVATIONS, PROVIDING A PHOTOMETRIC PLAN, AND PROVIDING SIGN
CRITERIA ; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL
BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS OR CONTINUES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”), is authorized and
empowered by law, in accordance with Chapter 212 of the Texas Local Government Code, to regulate
the subdivision of land and property development within the Town;
WHEREAS, the owner of the tracts of land, collectively described as a 92.24 acre tract of land, of
which approximately 54.86 acres are zoned MH – Manufactured Housing, and approximately 37.38 are
zoned R-12 Single Family Residential, and such land being further described in Exhibit “A”, attached
hereto and incorporated herein, (the “Land”), filed an application with the Town’s Planning and Zoning
Commission requesting a change in zoning of the Land into PD Planned Development No. 28, Northwest
High School No. 2 with high school and associated auxiliary uses including but not limited to athletic fields
and a stadium, consisting of approximately 92.24 acres of land. Such application further requested an
amendment to the official Zoning District Map of the Town in accordance with Chapter 13 of the Town’s
Code of Ordinances; and
WHEREAS, the owner of the 92.24 acre tract of land has requested an amendment to PD-28 for
the purpose of seeking approval of a Final Detailed Site Plan, Landscape Plan and Plant List, Building
Elevations, Photometric Plan, and Sign Criteria.
WHEREAS, all legal notices, requirements and conditions having been complied with, the case to
rezone the Land came before the Planning and Zoning Commission; and
WHEREAS, after public notices were given in compliance with State law and public hearings
were conducted, and after considering the information submitted at those public hearings and all other
relevant information and materials, the Planning and Zoning Commission of the Town has recommended
to the Town Council the adoption of the amendments to Ordinance No. 2007-11 P&Z as set forth in this
Ordinance; and
WHEREAS, after complying with all legal notices, requirements, and conditions, a public hearing
was held before Town Council at which the Town Council considered, among other things, the character
of the land and its suitability for particular uses, with a view of encouraging the most appropriate use of
land in the Town, and does hereby find that the rezoning approved hereby accomplishes such objectives;
and
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WHEREAS, the Town Council has determined that there is a necessity for the change in zoning
and that the proposed change is consistent with the Comprehensive Land Use Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated herein and
made a part hereof for all purposes.
SECTION 2.
AMENDMENT
Ordinance No. 2007-11 P&Z of the Town of Trophy Club, Texas, the same being PD Planned
Development No. 28, Northwest High School No. 2, is hereby amended in the following particulars, and
all other articles, chapter, sections, paragraphs, sentence, phrases and words are not amended by are
hereby ratified and affirmed.
A. Final Detailed Site Plan: A Final Detailed Site Plan for the Land, and all parts therefore, is
attached hereto as Exhibit “B”, Final Detailed Site Plan, and incorporated herein as if copied
in its entirety. The Final Detailed Site Plan shall be adhered to in carrying out the
development of the land and compliance with each and every part of such Final Detailed Site
Plan shall constitute a condition precedent to the issuance of any building permit for the land
in the PD Planned Development District.
B. Landscape Plan & Plant List: The landscape plan and plant list of this PD Planned
Development are attached hereto as Exhibit “B.1”, “Landscape Plan and Plant List”, and are
incorporated herein as if copied in their entirety.
C. Irrigation Plan. The irrigation plan of this PD Planned Development are attached hereto as
Exhibit “B.2”, “Irrigation Plan”, and are incorporated herein as if copied in their entirety.
D. Building Elevations. The building elevations of this PD Planned Development are attached
hereto as Exhibit “B.3”, “Building Elevations”, and are incorporated herein as if copied in their
entirety.
E. Photometric Plan. A photometric plan of this PD Planned Development are set forth in
Exhibit “B.4”, “Photometric Plan”, which is attached hereto and incorporated herein as if
copied in its entirety.
F. Sign Criteria. Signage requirements of this PD Planned Development are set forth in Exhibit
“B.5”, “Sign Criteria”, which is attached and incorporated herein as if copied in its entirety.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the PD-28
and shall not repeal any of the provisions of such Ordinances except in those instances where provisions
of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances
are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified
or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect.
Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective
date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s)
shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance
shall be deemed to remain and continue in full force and effect.
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SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or
application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of the
Ordinance, and the Town Council hereby declares it would have passed such remaining portions of the
Ordinance despite such invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this
Ordinance in the Ordinance records of the Town and to properly record this Ordinance in accordance with
the Town Charter.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any person
violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less
than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall
be deemed committed upon each day during or on which a violation occurs or continues.
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 _______ day of
______________________, 2007.
_____________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
__________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
___________________________________
Town Attorney
Town of Trophy Club, Texas
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EXHIBIT B
FINAL DETAILED SITE PLAN
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EXHIBIT B.1
LANDSCAPE PLAN AND PLANT LIST
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The following Sheet L1.07 was reviewed by the Planning & Zoning Commission on
August 16, 2007. The applicant submitted a different Sheet L1.07 electronically and by
hardcopy for Council review.
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EXHIBIT B.2
IRRIGATION PLAN
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EXHIBIT B.3
BUILDING ELEVATIONS
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Sheet A2.01 was not included in the package reviewed by the Planning & Zoning
Commission on August 16, 2007.
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Sheet A5.03 was added to the Town Council packet at the request of the Planning &
Zoning Commission.
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EXHIBIT B.4
PHOTOMETRIC PLAN
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EXHIBIT B.5
SIGN CRITERIA
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-10-2007
Subject: Agenda Item No.D.2
Discuss and take appropriate action regarding the Final Plat for NISD High
School No. 2, Lots 1 and 2, Block 1 and Lots 1 & 2, Block 2. (FP-07-021)
A. Discuss and take appropriate action regarding the approval of the
Subdivider's Agreement for a 92.655 acre tract of land known as NISD High
School No. 2, Lots 1 and 2, Block 1 and Lots 1 & 2, Block 2.
Case Summary: The applicant, MJ Thomas Engineering LLC on behalf of Northwest
ISD is requesting approval of the Final Plat of NISD High School No. 2 (92.655 acres).
The site has frontage onto Marshall Creek Road, which is currently a two-lane undivided
roadway, and will provide one access point into the high school site. There will be three
access points on Northwest Parkway, a new section of road that will extend north-south
and serve as the western boundary of the high school.
A Traffic Impact Analysis report for the high school site was prepared by Lee
Engineering and has been reviewed and approved by Innovative Transportation
Solutions (memo included with site plan comments).
Current Zoning: The site is currently zoned “PD” Planned Development No. 28,
Northwest High School No. 2.
Staff Review: Tom Rutledge, Town Engineer, has reviewed and approved the
engineering plans for NISD High School No. 2.
Staff Recommendation: Staff recommends approval of FP-07-021, the Final Plat of
NISD High School No. 2.
Planning & Zoning Commission Recommendation: On August 16, 2007, the
Planning & Zoning Commission recommended approval, by a unanimous vote of 4-0, of
the NISD High School No. 2 Final Plat.
Attachments: Application
Planning & Zoning Commission Meeting Minutes – August 16, 2007
Plats
Subdivider’s Agreement with Attachments
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PLANNING AND ZONING COMMISSION MEETING MINUTES
AUGUST 16, 2007
C.4 FP-07-021 CONSIDERATION OF A REQUEST FROM MJ THOMAS
ENGINEERING, LLC ON BEHALF OF NORTHWEST ISD TO APPROVE THE
FINAL PLAT OF NISD HIGH SCHOOL NO. 2 (92.655 ACRES).
The Chairman called for discussion.
Commissioner Ashby asked if anything could be implemented regarding his concern
with the relocation of Parkview. The Chairman responded that it is still under
negotiation with all parties involved and if the matter doesn’t come before the Planning
& Zoning Commission again it will most likely be considered by the Town Council.
Mr. Ashby stated that he disliked making a recommendation on a final plat without
knowing more regarding this intersection. Chairman Hill stated that there must be a
500-ft. separation between Marshall Creek Rd. and Northwest Parkway and Parkview
so that has put restraints on how they can be configured. The traffic flow around Medlin
Middle School is a design that is in process and not likely to be resolved in discussion
this evening.
Further discussion revolved around the roadway design (Marshall Creek Rd., Northwest
Parkway and Parkview) with input from Commissioners, NISD personnel and Tom
Rutledge, the Town Engineer.
Commissioner Sheridan motioned to approve the final plat of NISD High School No. 2
with the following stipulations:
1) A suggestion to ensure life safety access as it currently exists will not be cut off
with the realignment of the roadways as designated in this plat; that life safety
route being the continuation of Marshall Creek to the existing Parkview south;
2) Add a note on the plat explaining that the existing Parkview will not intersect the
new Northwest Parkway.
Second: Commissioner Ashby
Ayes: Hill, Stephens, Sheridan, Ashby
Action: 4-0, Approved
Motion carried.
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NORTHWEST ISD HIGH SCHOOL NO. 2
SUBDIVIDER'S AGREEMENT
An AGREEMENT between the Town of Trophy Club, Texas (hereinafter referred
to as the "TOWN") and Northwest Independent School District (NISD) acting by and
through its duly authorized representative (hereinafter referred to as the
"DEVELOPER"), for the installation of public improvements and facilities within the
TOWN limits of Trophy Club, Texas, for NISD High School No. 2, more particularly
described as a tract of land consisting of approximately 92.655 acres of land,
hereinafter being referred to as the "PROJECT," and such public improvements being
more particularly described in Section II of this AGREEMENT. It is understood by and
between the parties that this AGREEMENT is applicable to the lot(s) contained within
the Final Plat as presented to TOWN Staff on May 7, 2007, and to the offsite
improvements necessary to support the PROJECT, more particularly described in
Section II of this AGREEMENT. It is further agreed that this AGREEMENT, when
properly signed and executed, shall satisfy the requirements of the TOWN’S
Subdivision Regulations.
I. GENERAL REQUIREMENTS
A. It is agreed and understood by the parties hereto that the DEVELOPER has
employed a registered public surveyor licensed to practice in the State of
Texas to prepare a final plat of the PROJECT.
The Project is planned to be platted for high school and associated auxiliary
uses including but not limited to athletic fields and a stadium together with
allowed incidental and accessory uses. The Project received preliminary plat
approval from the Town on April 19, 2007.
B. It is agreed and understood by the parties hereto that the DEVELOPER has employed a
civil engineer licensed to practice in the State of Texas for the design and preparation of the
plans and specifications for the construction of all public improvements and facilities described
in Section II and covered by this AGREEMENT. Unless otherwise specified herein, such plans
and specifications shall be in accordance with the TOWN’S "Design Standards for Paving,
Drainage and Utility Improvements" and the North Central Texas Council of Governments’
(NCTCOG) Standard Specifications for Public Works Construction, as presently adopted.
C. The DEVELOPER will award its own construction contract for the
construction of all PROJECT street, sanitary sewer, and other drainage
public improvements and facilities for the completion of the Project. The
DEVELOPER agrees to employ a construction contractor(s) who is approved
by the TOWN, said contractor(s) to meet TOWN and statutory requirements
for being insured, licensed and bonded to perform work in public rights-of-
way and to be qualified in all respects to bid on public streets and public
projects of a similar nature. The DEVELOPER agrees to submit contract
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documents to the TOWN and participate in a pre-construction meeting with
the TOWN and all Developer contractors.
D. Prior to the execution of this Agreement, the commencement of construction,
the filing of the Final Plat, or the issuance of any building permits, the
DEVELOPER shall present to the TOWN a performance bond(s), payment
bond(s) and maintenance bond(s), meeting the requirements of Chapter
2253 of the Texas Government Code. Each bond shall individually
guarantee and agree to pay an amount equal to one hundred percent
(100%) of the value of the construction costs (as determined by the TOWN
Engineer) for all public improvements and facilities to be constructed by or on
behalf of the Developer for the Project. Any surety company through which a
bond is written shall be a surety company duly authorized to do business in
the State of Texas, provided that the TOWN, through the Town Attorney,
shall retain the right to reject any surety company as a surety for any work
under this or any other SUBDIVIDER’S AGREEMENT regardless of such
Company’s authorization to do business in Texas. Approvals by the TOWN
shall not be unreasonably withheld or delayed.
1) As an alternative to providing a surety bond for performance and a surety
bond for maintenance as specified hereinabove, Developer may provide
financial assurances for performance and maintenance in the form of a
cash deposit, a certificate of deposit, or irrevocable letter of credit.
Provided however, that such alternative financial assurances shall only be
allowed if each meets all requirements specified in Section 7.2 of the
Town of Trophy Club Subdivision Regulations. All such alternative
financial assurances must be on forms approved by the Town Attorney.
2) As an alternative to the Developer providing a performance bond,
payment bond, and maintenance bond, as specified above, Developer
may provide financial assurances for performance, payment and
maintenance from a single general contractor for the Project, provided
that such assurances meet all other requirements specified hereinabove
and the Town is named as a dual obligee on each such bond.
Additionally, such alternative financial assurances shall only be allowed if
each meets all requirements specified in Section 7.2 of the Town of
Trophy Club Subdivision Regulations. All such alternative financial
assurances must be on forms approved by the Town Attorney.
E. The performance bond(s) shall be submitted in statutory form guaranteeing
the full and faithful completion of the facilities and improvements required
under this Agreement for completion of the PROJECT to the TOWN and
provide for payment to the TOWN of such amounts up to the total remaining
amounts required for the completion of the PROJECT if the work is not
completed as required hereunder.
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F. The payment bond(s) shall be submitted in statutory form guaranteeing
payment of all labor and material costs of the Project and shall be furnished
solely for the protection of all claimants supplying labor and material in the
performance of the work provided for under this AGREEMENT. The
maintenance bond(s) shall guarantee the payment of any and all necessary
maintenance of the Project for a period of two (2) years following acceptance
of the public improvements and facilities by the TOWN, in an amount equal
to one hundred (100%) percent of the value of the construction costs of all
the public improvements and facilities to be constructed under this
Agreement in respect to the Project. Notwithstanding the foregoing, prior to
and as a condition of final acceptance of the Project, if the actual cost of the
Project exceeds the amount provided by DEVELOPER's maintenance bond
under this Agreement, TOWN reserves the right to require DEVELOPER to
provide a maintenance bond in the increased amount.
G. Any guarantee of performance, maintenance, or payment instrument (e.g.,
performance bond, payment bond, maintenance bond, letters of credit,
and/or cash deposit or the like) (individually a “Guarantee” or collectively the
“Guarantees”) submitted by or through the DEVELOPER on a form other
than the one which has been previously approved by the TOWN as
"acceptable" shall be submitted to the Town Attorney at the DEVELOPER'S
expense, and construction of the Project shall not commence until the Town
Attorney has approved such Guarantees. Approval by the TOWN (and the
Town Attorney) shall not be unreasonably withheld or delayed. All such
Guarantees shall be maintained in full force and effect until such time as the
DEVELOPER has fully complied with the terms and conditions of this
AGREEMENT as agreed to in writing by the TOWN, and failure to keep
same in force and effect shall constitute a breach of this AGREEMENT.
Failure to maintain performance and payment Guarantees meeting the
requirements of this AGREEMENT shall result in a stop work order being
issued by the Town. Additionally, all Guarantees furnished hereunder which
expire prior to the completion of construction or applicable warranty periods
shall be renewed in amounts designated by the TOWN and shall be
delivered to the TOWN and approved by the TOWN on or before the tenth
(10th) banking day before the date of expiration of any then existing
Guarantee. If the DEVELOPER fails to deliver any Guarantee to the TOWN
within the time prescribed herein, such failure shall constitute a breach of this
AGREEMENT and shall be a basis for the TOWN to draw on all or any
portion of any existing Guarantee in addition to any or all other remedies
available to the TOWN. The DEVELOPER further agrees to release and
forever hold the TOWN harmless from any losses, damages and/or
expenses incurred by the DEVELOPER for any delays due to the TOWN'S
review of any Guarantee which is in a form other than one which has been
previously approved by the TOWN. The TOWN requires the DEVELOPER
to have all Guarantee forms approved prior to the commencement of work
and construction of improvements.
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H. It is further agreed and understood by the parties hereto that upon
acceptance thereof by the TOWN of all public improvements and facilities as
described in Section II of this Agreement, title to all such improvements and
facilities shall be vested in the TOWN, and the DEVELOPER hereby
relinquishes any right, title, or interest in and to such improvements and
facilities or any part thereof. It is further understood and agreed that until the
TOWN accepts such improvements and facilities, the TOWN shall have no
liability or responsibility with respect thereto. Acceptance of the
improvements and facilities shall occur at such time as the TOWN, through
its TOWN Engineer, provides the DEVELOPER with a written
acknowledgment that all improvements and facilities are complete, have
been inspected and approved and are being accepted by the TOWN.
I. The DEVELOPER’S Engineer has prepared detailed estimates of
$207,252.00 and the TOWN Engineer has approved an estimate of
$207,252.00 for the cost of public improvements and facilities for this Project.
The detailed cost estimates are a part of this AGREEMENT and are attached
hereto as "Attachment A" and incorporated herein. The TOWN shall not
accept any construction improvements outside of the Project and the two (2)
year warranty for such improvements shall not commence until all
construction activities are completed and accepted by the TOWN.
J. Upon TOWN’S approval and acceptance of the final plat and the engineering
plans, the final plat will be recorded with the County Clerk of Denton County.
No building permits will be issued for any lots in the Project until the final plat
is filed and the public improvements and facilities specified herein are
completed and accepted by the TOWN.
K. The DEVELOPER, DEVELOPER'S contractors (prime, general and major
subcontractors) and TOWN, as well as any other third party deemed
necessary by the Town, shall participate in a pre-construction conference
prior to the initiation of any work. At or prior to the pre-construction meeting,
Developer shall provide the TOWN with the following documents: 1) Two (2)
copies of all executed construction contracts; 2) List of all
contractors/subcontractors and their project assignments; 3) Five (5) sets
(and additional sets as necessary for any contractors) of approved
construction plans and specifications. This list of contractors/subcontractors
shall be updated within seven days of any changes. The DEVELOPER
agrees to give the TOWN at least twenty-four (24) hours prior written notice
of his/her intent to commence construction of all public improvements and
facilities, so that the TOWN, if it so desires, may have its representatives
available to inspect the beginning and continuing progress of all work.
Developer shall submit all documentation evidencing that each of the
Guarantees required under this Agreement have been provided and all
required insurance has been obtained prior to the pre-construction meeting.
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L. The DEVELOPER agrees to notify all contractors and subcontractors
working on the PROJECT that all their work is subject to inspection by a
TOWN Inspector at any time, and that such inspection may require a
certification by the contractors and subcontractors of the type, kind, and
quality of materials used on the PROJECT.
M. Should any work or construction of improvements or facilities on the
PROJECT which has not been contemplated in the current construction
documents (plans and specifications), the plat, or this AGREEMENT,
become necessary due to site conditions, then the DEVELOPER shall be
required to contact in writing (with a copy to the TOWN of Trophy Club), with
the TOWN Engineer to determine how such work or construction should
progress. The DEVELOPER further agrees to follow all reasonable
recommendations and requirements imposed by the TOWN Engineer in such
instance. (Addresses for points of contact are as follows:)
Town of Trophy Club Teague, Nall & Perkins
Mr. Brandon Emmons, Town
Manager
Mr. Tom Rutledge, Town Engineer
100 Municipal Drive 1100 Macon Street
Trophy Club, Texas 76262 Fort Worth, Texas 76102
Phone: 682/831-4600 Phone: 817.336.5773
Fax: 817.490.0705 Fax: 817.336.2813
Email:
bemmons@ci.trophyclub.tx.us
Email: trutledge@tnp-online.com
N. The DEVELOPER agrees to cause all work and construction of
improvements and facilities to be stopped upon twenty-four (24) hour
notification from the TOWN Engineer of nonconforming improvements,
including the materials used and the methods of installation. The
DEVELOPER further agrees to correct all nonconformities in accordance
with the TOWN Engineer’s instructions.
O. The DEVELOPER is encouraged not to convey title of any lots of the
PROJECT, until all construction in respect to the PROJECT required in
Section II is complete and the TOWN has approved and accepted the work
and improvements in respect thereof. The DEVELOPER understands that
the TOWN will issue no building permits for improvements on any lot in the
Project until all public improvements and facilities in respect to the Project
are completed in accordance with this Agreement. Further, DEVELOPER
agrees to inform all persons or entities purchasing the lots or any interest in
the lots that TOWN will not issue any building permits until all public
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improvements and facilities are completed in accordance with this
Agreement.
P. After completion and prior to acceptance of all work, the DEVELOPER must
furnish to the TOWN an affidavit of all bills paid.
Q. MAINTENANCE RESPONSIBILITY FOR COMMON AREAS – all common
areas are private and will be maintained by NISD.
II. PUBLIC IMPROVEMENTS AND FACILITIES TO BE CONSTRUCTED
A. Phase 1. The following public improvements and facilities to be constructed
as Phase 1 of the Project shall be completed in accordance with the approved
plans and specifications as described in Attachment “B”:
1) Public 12” Water Line. The detailed estimates set forth in Section “I”,
Paragraph “I” of this Agreement are exclusively for the 12” Public
Water Line and do not include the costs of any other improvements set
forth in this Agreement.
2) Streets. Northwest Parkway, as more fully described in Attachment “B-
1” and in the Final Plat for the Project, is to be constructed by
DEVELOPER. A copy of Attachment “B-1” is attached hereto and
incorporated herein. In a letter from DEVELOPER to TOWN dated
7/15/2007, DEVELOPER provided the TOWN with a certification of
DEVELOPER’s guarantee of payment for the construction of
DEVELOPER’s portion of Northwest Parkway and related road
infrastructure for the Project as required by TOWN’s Subdivision
Regulations, such letter being herein referred to as the “Northwest
Parkway Construction Guarantee Letter”, a copy of that letter is
attached hereto and incorporated herein as Attachment “B-2”. In a
letter from NISD to TOWN dated August 2, 2007, DEVELOPER
amended the second paragraph of the Northwest Parkway
Construction Guarantee Letter (Attachment “B-2”) to clarify the location
and general design of the Northwest Parkway. The letter dated August
2, 2007 is attached hereto and incorporated herein as Attachment “B-
3”.
TOWN and DEVELOPER are currently involved in negotiations among
several parties to jointly construct and share costs of the construction
of Northwest Parkway, as described in Attachment B-1, to its
intersection with Highway 377. TOWN and DEVELOPER understand
that the construction plans for Northwest Parkway may vary from those
anticipated when the Final Plat for the Project was approved by TOWN
and when onsite improvements for the Project were approved by
TOWN. DEVELOPER understands and agrees that by commencing
construction of the Project prior to the design and construction of
Northwest Parkway, DEVELOPER assumes the risks that
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requirements for those onsite improvements previously approved by
the TOWN may be changed and/or additional onsite improvements
may be required as a result of the future design and construction of
Northwest Parkway. DEVELOPER further understands and agrees that
DEVELOPER shall assume any and all costs associated with changes,
revisions, removal, replacement or addition of any onsite
improvements that may be required in order to comply with TOWN’s
Subdivision Regulations. In the event that the design of Northwest
Parkway is not commenced by February 1, 2008, DEVELOPER
understands and agrees that this Agreement shall be amended to
address the design and construction of Northwest Parkway by
DEVELOPER and to provide all required bonding and insurance as
required by the Subdivision Regulations. DEVELOPER further
understands that a certificate of occupancy will not be issued for the
Project until such time as Northwest Parkway is completed and
accepted by TOWN.
3) Sanitary Sewer. DEVELOPER has entered into a contract with a third
party to provide for the design and construction of a waste water lift
station to serve the Project and meeting all requirements of TOWN
(hereinafter “Lift Station”), a copy of the contract is attached hereto as
Attachment “B-4”. DEVELOPER warrants that the Lift Station shall be
designed to serve and accommodate the waste load of DEVELOPER
for the Project. DEVELOPER shall construct the means and methods
of delivering the waste water via private underground pipe(s) to the
main waste pipes leading up to and feeding into the Lift Station.
Through separate instrument specified by the TOWN, DEVELOPER
shall grant a utility easement to the Town for the purpose of
maintaining such line(s). DEVELOPER understands that the Lift
Station and all related improvements must be constructed in
accordance with Town design standards and applicable ordinances.
DEVELOPER further understands that a certificate of occupancy will
not be issued for the Project until such time as the Lift Station and all
related improvements are completed and accepted by TOWN.
B. Other.
1. Bench marks to be located as shown on the approved plans.
2. Upon completion, three (3) sets of as-builts/record drawings and one (1)
set of reproducible (Mylar) drawings shall be submitted to the TOWN
within two (2) months following the acceptance of the public
improvements and facilities.
3. Testing
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The Developer shall provide all geotechnical and materials tests required
by the TOWN Engineer and TOWN Inspector at the DEVELOPER’S cost
in accordance with Section 7.03 of Article 7, Chapter 12, of the Town’s
Code of Ordinances. Such tests shall be conducted by an independent
laboratory acceptable to the Town.
4. Permits
The DEVELOPER will pay a Community Facilities inspection fee in the
amount of $10,362.60 (5% of $207,252.00) to cover the cost of TOWN
inspection fees as related to the construction of the Project. The
Developers may be obligated to pay other TOWN fees as set forth in the
TOWN’S Schedule of Fees, as may be amended from time to time. The
DEVELOPER will be responsible for obtaining any other permits which
may be required by other federal, state or local authorities.
5. Planned Development District No. 28, Northwest High School No. 2.
Developer shall construct and maintain all improvements in accordance
with the TOWN approved Planned Development District No. 28 and all
TOWN approved amendments thereto.
III. GENERAL PROVISIONS
A. The DEVELOPER agrees to furnish and maintain at all times prior to the
TOWN’S final acceptance of the public improvements and community
facilities for the Project, an owners protective liability insurance policy naming
the TOWN as insured for property damage and bodily injury in the amounts.
Coverage shall be on an “occurrence” basis and shall be issued with a
combined bodily injury and property damage minimum limit of $600,000 per
occurrence and $1,000,000 aggregate.
B. Exclusive venue of any action brought hereunder shall be in Denton, Denton
County, Texas.
C. Approval by the TOWN Engineer of any plans, designs or specifications submitted by
the DEVELOPER pursuant to this AGREEMENT shall not constitute or be deemed to be
a release of the responsibility and liability of the DEVELOPER, his engineer, employees,
officers or agents with respect to the construction of any of the PROJECT’S
improvements or facilities, or for the accuracy and competency of the PROJECT’S
improvements and facilities design and specifications prepared by the DEVELOPER'S
consulting engineer, his officers, agents, servants or employees, it being the intent of the
parties that the approval by the TOWN Engineer signifies the TOWN'S approval on only
the general design concept of the improvements and facilities to be constructed. The
DEVELOPER shall release, indemnify, defend and hold harmless the TOWN, its officers,
agents, servants and employees, from any demands, actions, causes of action,
obligations, loss, damage, liability or expense, including attorneys fees and expenses,
on account of or with respect to damage to property and injuries, including death, to any
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and all persons which may arise out of or result from any defect, deficiency or
negligence in the construction of the PROJECT’S public improvements and facilities or
with respect to the DEVELOPER'S Engineer’s designs and specifications incorporated
into any improvements and facilities constructed in accordance therewith, and the
DEVELOPER shall defend at his own expense any suits or other proceedings brought
against the TOWN, its officers, agents, servants or employees, or any of them, on
account thereof, and pay all expenses and satisfy all judgments which may be incurred
or rendered against them or any of them in connection herewith. All responsibility and
liability for drainage to adjacent and downstream properties from development of this
PROJECT will accrue to the DEVELOPER.
D. Liability for construction. The DEVELOPER, its successors, permittees,
permitted assigns, vendors, grantees and/or trustees do hereby fully release
and agree to indemnify, hold harmless and defend the TOWN, its officers,
agents, servants and employees from all losses, damage liabilities, claims,
obligations, penalties, charges, costs or expenses of any nature whatsoever,
for property damage, personal injury or death, resulting from or in any way
connected with this contract or the construction of the improvements or
facilities or the failure to safeguard construction work, or any other act or
omission of the DEVELOPER or its contractors or subcontractors, their
officers, agents, servants or employees related thereto.
E. Final Acceptance Of Infrastructure. The TOWN will not issue a Letter of
Acceptance until all public facilities and improvements are completely
constructed (Final Completion) to the satisfaction of the TOWN Engineer or
his agent. However, upon Substantial Completion, a “punch list” of
outstanding items shall be presented to the Developer’s contractor(s)
indicating those outstanding items and their deficiencies that need to be
addressed for Final Completion of the Improvements.
F. Neither this Agreement nor any part hereof or any interests, rights, or
obligations herein, shall not be assigned by the DEVELOPER without the
express written consent of the TOWN Council.
G. All work performed under this AGREEMENT shall be completed within
eighteen months from the date hereof. In the event the work is not
completed within the eighteen (18) month period, the TOWN may, at its sole
election, draw down or otherwise exercise it rights under or with respect to
any Guarantee provided by the DEVELOPER and complete such work at
DEVELOPER'S expense; provided, however, that if the construction under
this AGREEMENT shall have started within the eighteen (18) month period,
the TOWN may agree to renew the AGREEMENT with such renewed
AGREEMENT to be in writing and in compliance with the TOWN policies in
effect at that time. Notwithstanding the foregoing, in the event that the
performance by either party of any of its’ obligations or undertakings
hereunder shall be interrupted or delayed by any occurrence and not
occasioned by the conduct of either party hereto, whether such occurrence
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be an act of God or the common enemy or the result of war, riot, civil
commotion, or sovereign conduct, then upon written notice of such
occurrence, such party shall be excused from performance for a period of
time as is reasonably necessary after such occurrence to remedy the effects
thereof, and each party shall bear the cost of any expense it may incur due to
the occurrence.
H. This Subdivider's AGREEMENT shall be construed in accordance with the
Town of Trophy Club, Texas Subdivision Regulations and all other applicable
ordinances. Any conflicts between the provisions of this Subdivider’s
AGREEMENT, the TOWN'S Subdivision Regulations, Town Ordinances, and
State and Federal law, shall be construed in favor of the Town’s ordinance(s)
as allowed by law, subject to Chapter 245 of the Local Government Code.
To the extent that any such conflict exists, only that portion of the
Subdivider’s AGREEMENT which is in conflict shall be severable from the
other provisions of the AGREEMENT, and such conflict shall in no manner
affect the validity or enforceability of the remaining provisions.
I. All rights, remedies and privileges permitted or available to the TOWN under
this AGREEMENT or at law or equity shall be cumulative and not alternative,
and election of any such right, remedy or privilege shall not constitute a
waiver or exclusive election of rights, remedies or privileges with respect to
any other permitted or available right, remedy or privilege. Additionally, one
instance of forbearance by the Town in the enforcement of any such right,
remedy or privilege, shall not constitute a waiver of such right, remedy or
privilege by the Town. A default under this Agreement by the TOWN shall
not result in a forfeiture of any rights, remedies, or privileges under this
Agreement by the TOWN.
SIGNED AND EFFECTIVE on the date last set forth below.
DEVELOPER:
By:
Date:
By:
Project Manager
Date:
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TOWN OF TROPHY CLUB:
By:
Mayor, TOWN of Trophy Club
ATTEST:
___________________________
Town Secretary, Town of Trophy Club
Date: ______________________
APPROVED AS TO FORM:
____________________________
Town Attorney, Town of Trophy Club
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Attachment A
Cost Estimates
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Attachment B
See Construction Documents “Approved Plans and Specifications” as submitted and
approved at Pre-Construction meeting following Town Council approval of plat and
Subdivider’s Agreement.
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Attachment B-1
Northwest Parkway as included in the
NISD High School No. 2 Plat
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Attachment B-2
Northwest Parkway Construction Guarantee Letter
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Attachment B-3
Northwest Parkway Construction Guarantee Letter
Amendment to Letter Dated 7-15-07
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-10-2007
Subject: Agenda Item No.D.3
Discuss and review the Town's FY2007-08 Proposed Budget and tax rate.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(smd)
Attachments: 1. Letter from Dan Almon, Financial Advisor, SW Securities
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-10-2007
Subject: Agenda Item No.D.4
Discuss and take appropriate action regarding a Resolution accepting a
Service and Assessment Plan for authorized services (Emergency
Services) for the Town Of Trophy Club Public Improvement District No. 1
(The Highlands At Trophy Club); setting a date for a public hearing;
authorizing the publication of notice; enacting other related provisions;
and providing an effective date.
EXPLANATION:
The following are the procedures and time lines for the levy of the assessment for
emergency services
Sep 10, 2007 Accept Draft Assessment Roll & Order Hearing
• The Town Secretary will publish notice of the governing body's intention to
consider the proposed assessments at a public hearing in a newspaper of
general circulation in the municipality or county before the 10th day before the
date of the hearing.
• The notice will state: (1) the date, time, and place of the hearing; (2) the general
nature of the improvement; (3) the cost of the improvement; (4) the boundaries of
the assessment district; and (5) provide that written or oral objections will be
considered at the hearing.
• When the assessment roll is filed, the Town secretary will mail a notice of hearing
to the owners of property liable for assessment. The notice must contain the
information required by law for the published notices and the Town Secretary will
mail the notice to the last known address of the property owner. The failure of a
property owner to receive notice does not invalidate the proceeding.
Sep 14, 2007 Notice of Public Hearing Published
Sep 24, 2007 Public Hearing Held; Ordinance providing for levy of Assessment
• The Town Council will hear and pass on any objection to the proposed
assessment. The Town Council may amend a proposed assessment on any
parcel.
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• After all objections have been heard and the Council has passed on the
objections, the governing body by ordinance or order shall levy the assessment
as a special assessment on the property. The Town Council by ordinance will
specify the method of payment of the assessment. The Town Council may
provide that assessments be paid in periodic installments.
RECOMMENDATION:
ACTION BY COUNCIL: Review of the Service and Assessment Plan and passage of
the Resolution accepting the Service and Assessment Plan for Emergency Services
and ordering the notices and public hearing for September 24, 2007.
(smd)
Attachments: 1. Service and Assessment Plan: Authorized Services For Emergency
Services
2. Notice of Public Hearing
3. Resolution
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TOWN OF TROPHY CLUB
NOTICE OF PUBLIC HEARING
NOTICE IS HERBY GIVEN THAT a public hearing will be conducted by the Town
Council of the Town of Trophy Club, Texas on the 24th day of September, 2007 at 7:00 p.m. at
the Svore Municipal Building at 100 Municipal Drive, Trophy Club, Denton County, Texas
76262. The public hearing will be held to consider proposed assessments to be levied against
the assessable property within TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT
NO. 1 (the “District”) pursuant to the provisions of Chapter 372 of the Texas Local Government
Code, as amended.
The general nature of the improvements is emergency services (the “Authorized Services),
including, without limitation, fire suppression and control, inspection services, arson
investigations, hazardous material response, search and rescue, emergency recovery and
extraction, pre-hospital medical stabilization or transportation of persons who are sick, injured,
wounded, or otherwise incapacitated or helpless including basic life support ambulance services,
advanced life support ambulance services, air ambulance services, and quick-response unit
services provided by the Town.
The total annual cost of the Authorized Services is approximately $12,055.94.
The boundaries of the District are described in Exhibit A attached hereto and made a
part hereof for all purposes.
All written or oral objections will be considered at the public hearing.
A copy of the Proposed Assessment Roll, which includes the assessments to be levied
against each parcel in the District, is available for public inspection at the office of the Town
Secretary, Town of Trophy Club, at 100 Municipal Drive, Trophy Club, Texas 76262.
WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this 10th day of September,
2007.
/s/ Lisa Ramsey, Town Secretary
Town of Trophy Club, Texas
EXHIBIT A
BOUNDARIES
The District contains approximately 697 acres, of which approximately 609 acres is
within the PID. Approximately 49 acres is within the planned development but outside of
the proposed PID boundaries. This property is located within Trophy Club Municipal
District No.1 (MUD 1) and Trophy Club Municipal District No. 2 (MUD 2). Approximately 38
acres of commercial uses is also within the planned development but not within the PID.
The District is more particularly described by metes and bounds available for inspection
at Town Hall, 100 Municipal Drive, Trophy Club, Texas 76262. For more information call
(682) 831-4600.
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RESOLUTION NO. 2007 - ___
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS ACCEPTING A SERVICE AND ASSESSMENT
PLAN FOR AUTHORIZED SERVICES FOR THE TOWN OF TROPHY
CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 (THE HIGHLANDS AT
TROPHY CLUB); SETTING A DATE FOR A PUBLIC HEARING;
AUTHORIZING THE PUBLICATION OF NOTICE; ENACTING OTHER
PROVISIONS RELATING THERETO; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on March 16, 2007, the Town received a petition meeting the
requirements of Sec. 372.005 of the Public Improvement District Assessment Act (the
“Act”) requesting the creation of a public improvement district over a portion of the area
of the Town to be known as The Town of Trophy Club Public Improvement District No.
1(the “District”); and
WHEREAS, the petition contained the signatures of the owners of taxable
property representing more than fifty percent of the appraised value of taxable real
property liable for assessment within the District, as determined by the then current ad
valorem tax rolls of the Denton Central Appraisal District and the signatures of property
owners who own taxable real property that constitutes more than fifty percent of the
area of all taxable property that is liable for assessment by the District; and
WHEREAS, on May 7, 2007, after due notice, the Town Council of the Town (the
“Town Council”) held the public hearing in the manner required by law on the
advisability of the Improvement Projects and services described in the petition as
required by Sec. 372.009 of the PID Act and made the findings required by Sec.
372.009(b) of the PID Act and, by Resolution No. 2008-08, adopted by a majority of the
members of the Town Council, authorized the District in accordance with its finding as
to the advisability of certain public improvement projects and services; and
WHEREAS, on May 18, 2007, the Town published notice of its authorization of
the District in the Trophy Club Times, a newspaper of general circulation in the Town;
and
WHEREAS, no written protests of the District from any owners of record of
property within the District were filed with the Town Secretary within 20 days after
May 18, 2007; and
WHEREAS, on May 21, 2007, the Council adopted a resolution (the “Cost
Resolution”) determining the total costs of the District improvements, directing the filing
of a proposed assessment roll, and directing related action; and
WHEREAS, pursuant to Sections 372.013 and 372.014 of the PID Act, the Town
Council has directed the preparation of a Service and Assessment Plan for Authorized
Services for the District (the “Plan”), such Plan is attached hereto as Exhibit B, covers a
period of at least five years, and defines the annual indebtedness and the projected
costs of the Authorized Services, as identified and defined in the Plan; and
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WHEREAS, the Plan includes an assessment plan that apportions the cost of the
Authorized Services to be assessed against property in the District and such
apportionment is made on the basis of special benefits accruing to the property because
of the Authorized Services; and
WHEREAS, after determining the total cost of the Authorized Services, the Town
Council directed the preparation of an Assessment Roll that states the assessment
against each parcel of land in the District and such Assessment Roll is attached to and
a part of the Plan; and
WHEREAS, the Town Council notes that the Plan and Assessment Roll may be
amended with such changes as the Town Council deems appropriate before such Plan
and Assessment Roll are adopted as final by the Town Council; and
WHEREAS, the Town has determined to call a public hearing regarding the levy
of assessments pursuant to the Plan and the Assessment Roll pursuant to
Section 372.016 of the Act; and
WHEREAS, the Town desires to publish notice of a public hearing to adopt the
Plan and Assessment Roll in order to provide notice to all interested parties of the
Town’s proposed levy of assessments against property in the District, pursuant to
Section 372.016 of the Act; and
WHEREAS, the Town desires to file the Plan and Assessment Roll with the
Town Secretary such that they are available for public inspection pursuant to
Section 372.016 of the Act; and
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
Section 1. Findings. The findings and determinations set forth in the
preambles hereto are hereby incorporated by reference for all purposes.
Section 2. Calling Public Hearing. The Town Council hereby calls a public
hearing (the “Public Hearing”) for 7:00 p.m. on September 24, 2007 at the regular
meeting place of the Town Council of the Town of Trophy Club, Texas, Svore Municipal
Building, 100 Municipal Drive, Trophy Club, Texas, to consider approving the Plan, with
such changes and amendments as the Town Council deems necessary, and the
Assessment Roll with such amendments to the assessments on any parcel as the Town
Council deems necessary. After all objections made at such hearing have been heard,
the Town Council may (i) levy the assessments as special assessments against each
parcel of property in the District as set forth in the proposed Plan and Assessment Roll;
(ii) specify the method of payment of the assessment, and (iii) provide that assessments
be paid in periodic installments. Notice of the hearing setting out the matters required
by Section 372.016 of the Act shall be given by publication at least eleven (11) days
before the date of the hearing, in a newspaper of general circulation in the Town.
Notice of such hearing shall also be given by the mailing of a copy of the notice
containing the information required by Section 372.016(b) of the Act at least eleven (11)
days prior to the hearing to the current address of each owner of property liable for an
assessment in the proposed Assessment Roll as reflected on the tax rolls of the Denton
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Central Appraisal District. All residents and property owners within the District, and all
other persons, are hereby invited to appear in person, or by their attorney, and contend
for or contest the Plan and the Assessment Roll, and the proposed assessments and
offer testimony pertinent to any issue presented on the amount of the assessments,
purpose of the assessments, special benefit of the assessments, and the costs of
collection and the penalties and interest on delinquent assessments. At or on the
adjournment of the hearing conducted pursuant to Section 372.016 on the proposed
assessments, the Town Council must hear and pass on any objection to a proposed
assessment. The Town Council may amend a proposed assessment on any parcel.
The failure of a property owner to receive notice does not invalidate the proceeding.
Section 3. Publication of Notice. The Town Council hereby directs Town Staff
to cause the publication of notice of the Public Hearing substantially in the form
attached as Exhibit A; such publication to occur before the 10th day before the date of
the hearing.
Section 4. Conduct of Public Hearing. The Town Council shall convene at the
location and at the time specified in the notice described above for the public hearing
and shall conduct the public hearing in connection with its approval of the Plan and the
Assessment Roll and the levy of the proposed assessments, including costs of
collection and penalties and interest on delinquent assessments. At such public hearing,
the Town Council will hear and pass on any objections to the Plan and the Assessment
Roll and the levy of the proposed assessments (which objections may be written or
oral). At or on the adjournment of the hearing, Council may amend a proposed
assessment on any parcel. After all objections, if any, have been heard and passed
upon, the Town may (i) levy the assessments as special assessments against each
parcel of property in the District as set forth in the Plan and Assessment Roll, (ii) specify
the method of payment of the assessment, and (iii) provide that the assessments be
paid in periodic installments.
Section 5. Filing of Plans and Assessment Roll. The Plan and Assessment
Roll shall be filed in the office of the Town Secretary and be made available to any
member of the public who wishes to inspect the same.
Section 6. Effective Date. This Resolution shall become effective upon its
passage in accordance with law.
PASSED AND APPROVED this 10th day of September, 2007.
________________________________
Nick Sanders, Mayor
ATTEST:
________________________________
Lisa Ramsey, Town Secretary
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APPROVED AS TO FORM:
________________________________
Patricia A. Adams, Town Attorney
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EXHIBIT A
TOWN OF TROPHY CLUB
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT a public hearing will be conducted by the
Town Council of the Town of Trophy Club, Texas on the 24th day of September, 2007
at 7:00 p.m. at the Svore Municipal Building at 100 Municipal Drive, Trophy Club,
Denton County, Texas 76262. The public hearing will be held to consider proposed
assessments to be levied against the assessable property within THE TOWN OF
TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 (the “District”) pursuant to
the provisions of Chapter 372 of the Texas Local Government Code, as amended.
The general nature of the improvements is emergency services (the “Authorized
Services”), including, without limitation, fire suppression and control, inspection
services, arson investigations, hazardous material response, search and rescue,
emergency recovery and extraction, pre-hospital medical stabilization or transportation
of persons who are sick, injured, wounded, or otherwise incapacitated or helpless
including basic life support ambulance services, advanced life support ambulance
services, air ambulance services, and quick-response unit services provided by the
Town.
The total annual cost of the Authorized Services is approximately $13,000.
The boundaries of the District are described in Exhibit A attached hereto and
made a part hereof for all purposes.
All written or oral objections will be considered at the public hearing.
A copy of the Service and Assessment Plan for Authorized Services and
proposed Assessment Roll, which includes the assessments to be levied against each
parcel in the District, is available for public inspection at the office of the Town
Secretary, Town of Trophy Club, at 100 Municipal Drive, Trophy Club, Texas 76262.
WITNESS MY HAND AND THE OFFICIAL SEAL OF THE TOWN, this 10th day
of September, 2007.
/s/ Lisa Ramsey___________________
Town Secretary
Town of Trophy Club, Texas
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EXHIBIT A
BOUNDARIES
The District includes approximately 435 acres located within the corporate limits
of the Town of Trophy Club, Denton County, Texas. The District is located at the
northeast, southeast and southwest corners of the intersection of State Highway 78 and
State Highway 205 and south of Farm to Market Road 2755 between County Road 483
and County Road 484. The District is more particularly described by metes and bounds
available for inspection at Town Hall, 100 Municipal Drive, Trophy Club, Texas 76262.
For more information call (682) 831-4600.
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EXHIBIT B
SERVICE AND ASSESSMENT PLAN FOR AUTHORIZED SERVICES
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-10-2007
Subject: Agenda Item No.D.5
Discuss and provide input regarding the Service and Assessment Plan for
authorized public improvements for the Trophy Club Public Improvement
District No. 1 (The Highlands at Trophy Club).
EXPLANATION:
This is an updated Service and Assessment Plan that is being provided for your review
and input.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Service and Assessment Plan
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-10-2007
Subject: Agenda Item No.D.6
Review and discuss the Prospectus for the proposed bond issuance to
finance authorized public improvements for the Trophy Club Public
Improvement District No. 1. (The Highlands at Trophy Club).
EXPLANATION:
The Prospectus will be included as part of the bond package. The document provided
is a working draft for your review and comment.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Prospectus – This document had not been submitted in time to be
included in the packet. A copy of the document will be provided under separate cover.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-10-2007
Subject: Agenda Item No.D.7
Review and discuss the Indenture of Trust for the proposed bond issuance
to finance public improvements for the Trophy Club Public Improvement
District No. 1. (The Highlands at Trophy Club).
EXPLANATION:
The indenture will be part of the bond package. This draft is provided for your
information and review.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Indenture of Trust
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-10-2007
Subject: Agenda Item No.D.8
Discuss and take appropriate action relative to the Interlocal Agreement
between the Town and the Trophy Club MUDs to provide water and
wastewater operational services to the Town.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(bse)
Attachments: 1. Draft Water and Wastewater Operational Services Contract
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CONTRACT FOR WATER AND WASTEWATER OPERATIONAL SERVICES
BETWEEN THE TOWN OF TROPHY CLUB, TEXAS, TROPHY CLUB MUNICIPAL
UTILITY DISTRICT NO. 1 AND TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.
2
This Contract for Water and Wastewater Operations Services (“Contract”) is entered
into between THE TOWN OF TROPHY CLUB, TEXAS, a home rule municipality
located in Denton and Tarrant Counties (hereinafter “Town”) and TROPHY CLUB
MUNICIPAL UTILITY DISTRICT NO. 1 (hereinafter “MUD1”), AND TROPHY CLUB
MUNICIPAL UTILITY NO. 2 (hereinafter “MUD2”), both Districts created pursuant to
Section 59, Article XVI, Texas Constitution and the Texas Water Code, Chapter 54,AND
TROPHY CLUB MASTER DISTRICT, A JOINT VENTURE OF Trophy Club Municipal
Utility District No. 1 and Trophy Club Municipal Utility District No. 2. MUD1 and MUD2
and TROPHY CLUB MASTER DISTRICT are hereafter referred to collectively as the
“MUDs.”
Recitals
WHEREAS, MUDs currently supply water and wastewater treatment and
distribution and collection services to those customers located within the boundaries of
MUDs; and
WHEREAS, Town is empowered under the Texas Constitution and laws of the
State of Texas to provide Water and Wastewater Service to a certain portion of property
located within the territorial boundaries of Town which property is not located within the
boundaries of MUDs nor is provided water or wastewater services therefrom,
hereinafter referred to as the “Property” and more fully described in Exhibit “A”; and
WHEREAS, as a result of the development occurring on the Property, Town and
MUDs have entered into a separate interlocal agreement for the right to access and
receive water supply and wastewater treatment from the existing water and wastewater
facilities owned by MUDs for the benefit of those residents of the Trophy Club Public
Improvement District No. 1 (hereinafter the “PID”) and under this agreement Town
desires to receive certain operational and administrative services from MUDs as more
fully described herein; and
WHEREAS, the purpose of this Agreement is to outline the terms and conditions
under which MUDs will provide operational and administrative services related to the
provision of Water Supply Transmission Services and Wastewater Services to Town for
the benefit of Town Customers (defined below); and
WHEREAS, the Interlocal Cooperation Act, Texas Government Code, Chapter
791, et seq., as amended (the “Act”) provides authority for governmental entities of the
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State of Texas to enter into Interlocal Agreements with each other regarding
governmental functions and services as set forth in the Act; and
WHEREAS, the provision of operational services necessary for and related to the
operation of a Town Water Distribution System and Town Wastewater Collection
System is a valid governmental function necessary for the public health, safety and
welfare for which an interlocal agreement is allowed pursuant to the Act; and
WHEREAS, each Party hereto paying for the performance of governmental
functions or services shall make such payments from current revenues legally available
to the paying Party and each Party hereby finds and agrees that it is fairly compensated
for the services or functions performed under the terms of this Contract.
NOW, THEREFORE, Town and MUDs, for and in consideration of the recitals set
forth above and terms and conditions below, agree as follows:
ARTICLE I.
INCORPORATION / DEFINITIONS / EXHIBITS
1.1 Incorporation of Recitals. The foregoing recitals are agreed upon and
incorporated herein as a part of this Contract.
1.2 Definitions. Unless the content indicates others, the following words used in
this Contract shall have the following meanings:
Commission means the Texas Commission on Environmental Quality and any
successor or successors exercising any of its duties and functions related to municipal
utility districts.
Commission mandated means a requirement duly passed or enacted as part of a
Commission rule, regulation, or permitting process. The term does not include a
regulation or requirement that is merely proposed or being considered for passage,
adoption or enactment by the Commission.
EPA means the Environmental Protection Agency and any successor or
successors exercising any of its duties and functions related to municipal utility districts.
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Existing Infrastructure means Water System and Wastewater System and all
components thereof existing and operational and owned and/or controlled by MUDs,
whether collectively or individually, on the date of execution of this Contract.
Fort Worth Water Contract means the Contract for Water Service Between the
City of Fort Worth, Texas, and Trophy Club Municipal Utility District NO. 1, dated
September 22, 1992, as amended.
Interconnect Line means the water line(s) constructed by Town to connect to
MUDs Water System of the size and at the location to be mutually agreed upon by
Town and MUDs.
Lift Station means any mechanical means of conveying wastewater by force.
MUD11 Adopted Rate Order shall mean the Rate Order adopted by Trophy Club
Municipal Utility District No. 1 and numbered Order 2005-1013 effective November 1,
2005, and any amendments or revisions thereto.
Operational Services means the operation, inspection, maintenance and repair of
Town Water Distribution System and Town Wastewater Collection System, Town Water
Tower and potable water wells connected to the Town Water Distribution System, and
includes without limitation Water Supply Transmission Services and Wastewater
Services, including related administrative services, as more fully set forth herein.
Parties or Party shall mean either one or more of the MUDs or Town or both, as
the context provides.
Person(s) means an individual, corporation, partnership, association, joint
venture or any other third party legal entity.
Points of Connection of Wastewater means that point or points where Town
Wastewater System connects to MUDs’ Wastewater System.
Points of Connection of Water means that point or points where Town Water
System connects to MUDs’ Water System.
Town means Town of Trophy Club, Texas, a home rule municipality located in
Denton and Tarrant Counties, Texas, and all land included within the territorial limits
and extraterritorial jurisdiction of Town, at Town’s creation and thereafter annexed from
time to time.
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Town Customers means any Person(s) residing within the Property and who
have the right to receive, who contract to receive or otherwise receiving Water and/or
Wastewater Services from Town Water Distribution System and/or Town Wastewater
Collection System.
Town Water Distribution System means the water distribution system that may
be constructed, owned and operated by Town for the distribution of potable water
received from MUDs to Town Customers, beginning at the Points of Connection of
Water.
Town Water Tower means a minimum 500,000 gallon elevated storage tank
owned and constructed by Town.
Town Wastewater Collection System means the Wastewater system that may be
constructed, owned and operated by Town to serve Town for the collection of
Wastewater received from Town Customers, ending at the Point of Connection of
Wastewater, and will include any sewer force mains and Lift Stations that will be
required to transport Wastewater to the Point of Connection of Wastewater.
Wastewater means the water-carried wastes, exclusive of ground, surface, and
storm waters, normally discharged from the sanitary conveniences of dwellings,
including apartment houses, hotels, offices buildings and institutions, of a domestic, not
industrial, nature, meeting the requirements of the Commission and EPA set forth in and
regulated by state and federal law, as may be amended or superseded from time to
time.
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Wastewater Services means the services provided by MUDs in receiving,
treating, testing, and disposing of Wastewater from Town Wastewater System in
accordance with this Contract.
Wastewater System means the wastewater collection lines, lift stations, pipes,
valves, meters, pumps, motors, treatment plant, effluent discharge lines, and other
facilities and equipment owned or controlled by MUD1, MUD2, or Trophy Club Master
District and operated as part of the central wastewater collection and treatment system
for MUD1 and MUD2 and their customers, and also including the existing PERMIT TO
DISCHARGE WASTES, TPDES PERMIT NO. WQ0011593001, issued March 26, 2007,
by the Commission to MUD1, as amended, or any other such governmental permit
authorizing the treatment of wastewater by MUDs.
Wastewater Trunk Facilities means the trunk line facilities that may be
constructed by Town to connect Town Wastewater System to MUDs Wastewater
System as provided in Article V of this Contract.
Water or Water Supply means potable water that meets federal and state
standards for consumption by humans.
Water Supply Transmission Services means the services provided by MUDs in
treating, pumping, transporting, and delivering Water from MUDs Water System to
Town Water Distribution System for consumption by Town Customers in accordance
with this Contract.
Water System means the water wells, water transmission pipeline from the City
of Fort Worth (or other wholesale water supplier), mixing and treatment facilities, pipes,
valves, meters, ground storage tanks, elevated storage tank, pumps, motors,
distribution lines and other facilities and equipment owned or controlled by MUD1,
MUD2 or Trophy Club Master District and operated as part of the central treated water
system for MUD1 and MUD2 and their customers, and also including the existing
CONTRACT FOR WATER SERVICE BETWEEN THE CITY OF FORT WORTH,
TEXAS, AND TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 (as the owner of
legal title and operator of common utility facilities in Trophy Club development at that
time) dated September 22, 1992, as amended, or any other such wholesale water
supply contract to MUDs.
Wells means any and all potable water wells that may be constructed within the
Property or for the benefit of the Property by Town or its designee and connected to the
Town Water Distribution System.
1.3 Exhibits. The following Exhibits attached to this Contract are hereby made a
part of the Contract as though fully incorporated herein:
Exhibit “A” - The Property
Exhibit “B” - Points of Connection of Water and Wastewater
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ARTICLE II.
WATER SUPPLY, WATER SUPPLY TRANSMISSION SERVICES AND
WASTEWATER SERVICES PROVIDED BY MUDS
2.1 Water Supply. MUDs agree to provide to Town Water Supply sufficient to meet
the needs of the Property, as defined herein and more fully described in Exhibit “A,”
throughout the term of this Contract. Water shall be provided to Town for the benefit of
the Property as more specifically provided herein and shall meet all quality standards
required by the Commission, the Texas Water Code, as amended, the Texas
Administrative Code, as amended, all applicable, federal, state, and local laws, rules
and regulations, and in accordance with those written standard operating procedures
utilized by MUDs for MUDs’ water customers and with those practices utilized by MUDs
in providing water supply transmission services and wastewater services to customers
of MUDs.
2.2. MUDs’ Obligation to Provide Water Supply Transmission Services and
Wastewater Services. MUDs agree to provide Water Supply Transmission Services
and Wastewater Services to Town for the benefit of the Property and in accordance with
the terms and conditions of this Contract. MUDs agree to accept Wastewater from, and
to provide Wastewater Services to, Town in accordance with the terms and conditions
of this Contract, provided that all Wastewater discharged from Town Wastewater
System and delivered to the Points of Connection of Wastewater complies at the
Points of Connection of Wastewater with the restrictions established by the
Commission. Immediately at the time of final approval of the Interconnect Line by
MUDs, which final approval shall not be unreasonably withheld by MUDs, MUDs shall
begin providing Water Supply Transmission Services to Town for the Property.
Immediately at the time of final approval of the Wastewater Trunk Facilities by MUDs,
which final approval shall not be unreasonably withheld by MUDs. MUDs shall begin
providing Wastewater Services to Town.
2.3 Standard of Service – Water Supply Transmission Services and Wastewater
Services. The Water Supply Transmission Services and Wastewater Services provided
by MUDs to Town under this Contract shall be in accordance with all standards set forth
by the Commission, the Texas Water Code, as amended, the Texas Administrative
Code, as amended, all applicable, federal, state, and local laws, rules and regulations,
and in accordance with those written standard operating procedures utilized by MUDs
for MUDs’ water customers and with those practices utilized by MUDs in providing water
supply transmission services and wastewater services to customers of MUDs.
ARTICLE III.
OPERATIONAL SERVICES RELATED TO WATER SUPPLY DISTRIBUTION
SYSTEM, WASTEWATER COLLECTION SERVICES, AND TOWN WELLS
3.1 Town’s Obligation to Construct Town Water Distribution System and Town
Wastewater Collection System. Town shall design and construct, at its sole cost and
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expense, a Town Water Distribution System and a Town Wastewater Collection System
to serve Town Customers, including without limitation Wells and Town Water Tower.
Town Water Distribution System shall include all facilities necessary to store Water and
to convey Water from the Points of Connection of Water to Town Customers. Town
Wastewater Collection System shall include all facilities necessary to transport
Wastewater from Town Customers to the Points of Connection of Wastewater. Town
intends to construct Town Water Tower. Upon the sale of the PID bonds, the process to
design and construct the Town Water Tower will begin immediately.
3.2 MUDs’ Obligation to Provide Operational Services. MUDs agree to provide
Operational Services related to Town Water Distribution System and Town Wastewater
Collection System in accordance with the terms and conditions of this Contract in
addition to providing Water Supply Transmission Services and Wastewater Services to
Town hereunder.
3.3 Standard of Service – Town Wastewater Collection System and Town Water
Distribution System. The Operational Services provided by MUDs to Town and Town
Customers under this Contract shall be in accordance with all standards by the
Commission, the Texas Water Code, as amended, the Texas Administrative Code, as
amended, all applicable, federal, state, and local laws, rules and regulations, and in
accordance with those written standard operating procedures utilized by MUDs for
MUDs’ water customers and with those practices utilized by MUDs in providing
Operational Services to customers of MUDs.
3.4 Wells. Town has sole discretion regarding the specifications for, number and
location of Wells that may be constructed within Town, exclusive of the MUD Districts.
Any and all Wells constructed by or at the direction of Town or dedicated to and
accepted by Town shall be owned by Town. Pursuant to this Contract MUDs shall
provide Operational Services for all such Town-owned Wells, as defined in Article I
paragraph 1.2; provided however, that Town shall notify MUDs of the number and
location of Wells that Town constructs or intends to construct. Such well specifications
shall be approved by MUDs. MUDs shall not unduly withhold their approval and must
do so only for just cause.
ARTICLE IV.
CHARGES TO TOWN AND EFFLUENT
4.1 Method of Calculation of Water Charges to Town. MUDs’ charge to Town for
Water shall be calculated by adding the total charges for each month due from each of
Town’s Customers, in the same amount as set forth in Sections 2.01(A) and 2.02(A) of
MUD1 Adopted Rate Order.
DISCUSSION POINT: Needs Clarification.
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4.2 Charges for Wastewater Services. MUDs’ charge to Town for Wastewater
Services shall be calculated by adding the total charges for each month due from each
of Town’s Customers, in the same amount as set forth in Sections 2.01(A) and 2.02(A)
of MUD1 Adopted Rate Order.
4.3 Effluent Produced. Town shall have the right to all treated effluent produced
resulting from all Wastewater delivered to the wastewater treatment facilities from Town
Customers at no additional charge for Town use within the Town and as prescribed by
the Texas Administrative Code, including without limitation, Section 210 of the Texas
Administrative Code, as may be amended from time to time, and as prescribed by
TCEQ. Transportation of said effluent from the Wastewater Treatment Plant to its point
of storage and/or use shall be the responsibility of and at the expense of the Town.
4.4 Rate Changes - MUD1Adopted Rate Order. MUDs agree to provide Town with
at least ninety (90) days written notice of its intent to change one or more rates or
charges within MUD Adopted Rate Order so that the Parties may renegotiate this
Contract based upon the proposed changes to MUD1 Adopted Rate Order.
ARTICLE V.
RATE ORDERS AND SERVICES TO TOWN CUSTOMERS
5.1 Town Rate Order. Town reserves the right at any time to adopt its own rate
order, setting forth rates different from those of MUDs to be charged to Town
Customers and which may be amended from time to time at the discretion of Town
Council (hereinafter “Town Rate Order”). Upon adoption or amendment of a Town Rate
Order, Town shall provide MUDs with a copy of the duly adopted Town Rate Order.
Town Rate Order shall set all of the rates for utilities (i.e., water and sewer rates)
provided to Town Customers and shall provide such rates to MUDs for MUDs’ use in
sending utility bills to Town Customers. MUDs shall bill Town Customers in accordance
with Town Rate Order. Town further agrees to take all actions, including without
limitation, legislative and administrative actions, necessary to ensure that revenues and
other income to Town shall at all times be sufficient to promptly pay to MUDs all such
charges when and as the same become due and payable under this Contract.
5.2 Rate Changes - Town Rate Order. Town agree to provide MUDs with at least
sixty (60) days written notice of its intent to change one or more rates or charges within
Town Rate Order.
5.3 Operational Services. MUDs and Town agree that MUDs shall provide
Operational Services for Town Wastewater Collection System and Town Water
Distribution System, including without limitation the following: reading the individual
meters of Town Customers; billing, collecting from, and responding to service calls from
Town Customers; marking water lines for contractors, monitoring of telemetric
equipment, if any; dead-end water flushes; preparing and filing all operational and
compliance reports required by law or requested by Town, including without limitation
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those that are Commission mandated and/or otherwise required by the EPA, or any
successor agency; provide qualified representatives to present reports at Council
meetings upon request; providing documentation of costs and expenses incurred by
MUDs in providing Operational Services, provide documentation of all transactions
made by MUDs on behalf of Town, whether directly with Town or with Town’s
Customers. In furtherance of this, MUDs will provide to Town’s Customers the identical
quality and quantity of services which it presently provides to all MUD customers.
5.4 Billing of Town Customers. MUDs shall read the individual meters of Town
Customers on a monthly basis during the term of this Contract. Based on such meter
readings, MUDs shall send statements to Town’s Customers in accordance with the
then-current Town Rate Order. MUDs shall collect payments from Town Customers
and deposit those payments in Town’s bank account on a daily basis.
5.5 Transfer of Collections to Town. Each month, MUDs shall prepare and deliver
a collections report to Town which sets forth the total amount of monies due from
Town’s Customers pursuant to Town’s Rate Order and the total amount of monies
collected from Town’s Customers pursuant to Town Rate Order. Such report shall
provide sufficient specificity for Town to track the source and amount of such income,
usage of Town Customers and the basis for the charges assessed to Town Customers.
MUDs shall not have the right to offset its charges to Town against the collections from
Town Customers, but shall turn over one hundred percent of all collections and shall
separately invoice Town for any and all charges that may be assessed against Town
under the terms of this Contract.
5.6 Invoice to Town. Charges assessed by MUDs to Town shall be limited to the
type and amount of charges set forth in Sections 2.01(A) and 2.02(A) of MUDs Adopted
Rate Order. MUDs shall prepare an invoice showing the charges to Town and shall
provide a detailed explanation of all such charges assessed by MUDs, including without
limitation, backup documentation if requested by Town so that Town can identify the
nature and type of charge and the basis upon which the charge was assessed to Town.
If Town contests a charge, Town shall notify MUDs within ten (10) business days of the
charge contested and the basis for the contest, and shall have the right to withhold
payment until the dispute is resolved by the Parties. Payments made by Town shall be
made payable to MUD1 and MUD2 and to the Trophy Club Master District jointly.
5.7 Late Charges and Interest on Late Payments The Town will remit to the
MUDs the full amount of all charges, without deduction for unpaid and overdue bills. In
turn, the MUDs will proceed to the collection of those bills and will remit to the Town the
amounts collected, including the interest and late charges associated with those bills.
5.8 Water Emergency. Under Town’s ordinance(s), MUDs may declare a "water
emergency period" if any condition or event occurs that interrupts the production,
treatment, or transportation of Water in MUDs Water System and may impose
conditions on consumption or use of Water. If MUDs declare a "water emergency
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period" and impose conditions on Water consumption for its customers in the existing
MUDs under the then-current ordinance, Town agrees, upon timely notification by
MUDs to impose and enforce restrictive conditions of consumption on Town Customers.
Such restrictive conditions shall be equivalent to those imposed upon MUDs and/or
MUDs customers pursuant to the Fort Worth Water Contract. Where it has become
necessary to adopt a drought contingency plan, MUDs shall not apply their drought
contingency plan to Town’s Customers in a manner that is more stringent than MUDs’
application of their drought contingency plan on residential customers within the MUDs.
ARTICLE VI.
TERM
6.1 Term. This Contract shall become effective upon approval by each of the
respective governing bodies of Town and MUDs and upon execution by their respective
authorized representatives, and shall remain in effect for an initial term of one (1) year
from the date of approval by the last Party subject to this Contract (hereinafter “Initial
Term”), and shall renew automatically annually for additional terms of one (1) year each
unless terminated by either Party as provided herein.
6.2 Termination for Default. Any Party to this Contract who believes that the other
Party to this Contract has defaulted in the performance of any condition, term, or
obligation owed to that Party under the Contract other than the payment of monies
owed hereunder shall give written notice of the default to the defaulting Party, specifying
in detail the provision or provisions of the Contract that have been breached and
specifying what action must be taken to cure or correct the default and notifying the
defaulting Party that failure to correct the default within sixty (60) days following receipt
of the written notice by such Party, shall result in termination on a date certain
specified in the notice.
6.3 Termination without Default. Any Party shall have the right to terminate this
Contract without cause upon written notice to any other Party. Such notice of
termination must be provided at least 180 days in advance of such termination date, but
in no case shall termination be allowed earlier than one (1) year from the date of
execution of this Contract.
ARTICLE VII.
MISCELLANEOUS
7.1 Remedies Cumulative. The Parties specifically agree that the remedy of specific
performance of this Contract is an appropriate and necessary remedy and agree that
any Party may employ the remedy of specific performance in the event of a breach of
this Contract. It is not intended hereby to specify (and this Contract shall not be
considered as specifying) an exclusive remedy for any default, but all remedies,
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including specific performance and mandamus, may be availed of by any Party and
shall be cumulative of any other remedy herein specified.
7.2 Immunity. The fact that Town and MUDs accept certain responsibilities relating
to the provision of Operational Services under this Contract as part of their responsibility
for providing Water and Wastewater Services to their respective residents makes it
imperative that the performance of these vital services be recognized as a
governmental function and that the doctrine of governmental immunity shall be, and it is
hereby, invoked to the extent possible under the law. Neither Town nor MUDs waive
any immunity or defense against third party claims that would otherwise be available to
it against claims arising from the exercise of governmental powers and functions. The
Parties hereto agree that each respectively waives its sovereign immunity to suit for the
limited purpose of adjudication of a claim for breach of this Contract. Notwithstanding
the foregoing agreement, remedies in such action shall be limited to those provided by
Chapter 271 of the Texas Local Government Code.
7.3 Force Majeure. If any Party is rendered unable, wholly or in part, by force majeure
to carry out any of its obligations under this Contract, except the obligation to pay
amounts owed or required to be paid pursuant to the terms of this Contract, then the
obligations of such Party, to the extent affected by such force majeure and to the extent
that due diligence is being used to resume performance at the earliest practicable time,
shall be suspended during the continuance of any inability so caused to the extent
provided but for no longer period. As soon as reasonably possible after the occurrence
of the force majeure relied upon, the Party whose contractual obligations are affected
thereby shall give notice and full particulars of such force majeure to the other Party.
Such cause, as far as possible, shall be remedied with all reasonable diligence. The
term "force majeure," as used herein, shall include without limitation of the generality
thereof, acts of God, strikes, lockouts, or other industrial disturbances, acts of the public
enemy, orders of any kind of the government of the United States or the State of Texas
or any civil or military authority other than a Party to this Contract, insurrections, riots,
epidemics, landslides, lightning, earthquakes, fires, hurricanes, restraint of government
and people, civil disturbances, explosions, breakage or accidents to machinery,
pipelines or canals, partial or entire failure of water supply resulting in an inability to
provide water necessary for operation of the water and sewer systems hereunder or in
an inability of MUDs to provide Water or receive Wastewater, and any other inabilities of
any Party, whether similar to those enumerated or otherwise, which are not within the
control of the Party claiming such inability, which such Party could not have avoided by
the exercise of due diligence and care. It is understood and agreed that the settlement
of strikes and lockouts shall be entirely within the discretion of the Party having the
difficulty, and that the above requirement that any force majeure shall be remedied with
all reasonable dispatch shall not require the settlement of strikes and lockouts by
acceding to the demands of the opposing Party when such settlement is unfavorable to
it in the judgment of the Party experiencing such difficulty.
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7.4 Applicable Law. This Contract shall be governed by the laws of the State of
Texas and no lawsuit shall be prosecuted on this Contract except in a court of
competent jurisdiction located in Denton County.
7.5 No Additional Waiver Implied. No waiver or waivers of any breach or default (or
any beaches or defaults) by any Party hereto of any term, covenant, condition, or
liability hereunder, or the performance by any Party of any duty or obligation hereunder,
shall be deemed or construed to be a waiver of subsequent breaches or defaults of any
kind, under any circumstances.
7.6 Addresses and Notice. Unless otherwise provided in this Contract, any notice,
communication, request, reply, or advice (herein severally and collectively, for
convenience, called "Notice") herein provided or permitted to be given, made, or
accepted by any Party to the other (except bills), must be in writing and may be given or
be serviced by depositing the same in the United States mail postpaid and registered or
certified and addressed to the Party to be notified, with return receipt requested, or by
delivering the same to such Party, addressed to the Party to be notified. Notice
deposited in the mail in the manner hereinabove described shall be conclusively
deemed to be effective, unless otherwise stated in this Contract, from and after the
expiration of three (3) days after it is so deposited. Notice given in any such other
manner shall be effective when received by the Party to be notified. For the purpose of
notice, addresses of the Parties shall, until changed as hereinafter provided, be as
follows:
If to MUDs, to: If to Town, to:
MUD Manager Town Manager,
100 Municipal Drive 100 Municipal Drive
Trophy Club, Texas 76262 Trophy Club, Texas 76262
The Parties shall have the right from time to time and at any time to change
their respective addresses and each shall have the right to specify any other address by
at least fifteen (15) days' written notice to the other.
7.7 Merger and Modification. This Contract, including the exhibits that are attached
hereto and incorporated herein for all purposes, embodies the entire agreement
between the Parties relative to the subject matter hereof. This Contract shall be subject
to change or modification only with the written mutual consent of all Parties affected by
such change or modification.
7.8 Severability. The provisions of this Contract are severable, and if any part of this
Contract or the application thereof to any person or circumstances shall ever be held by
any court of competent jurisdiction to be invalid or unconstitutional for any reason, the
remainder of this Contract and the application of part of this Contract to other persons or
circumstances shall not be affected thereby.
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7.9 Successors and Assigns. This Contract shall be binding upon and inure to the
benefit of the Parties hereto and their successors. This Contract shall not be assigned
without the written consent of the governing bodies of the respective entities.
Notwithstanding the foregoing, this Contract is a non-exclusive Contract and all parties
hereto may, without consent or notice to the other Parties, contract with one or more
third parties for the same or similar commodities or services provided under the terms of
this Contract.
7.10 Benefits of Contract. This Contract is for the benefit of MUD1, MUD2, and
Town and their successors and assigns and shall not be construed to confer any benefit
on any other person or entity except as expressly provided for herein.
7.11 Mediation. The Parties agree that they shall first attempt to resolve disputes
hereunder by the use of mediation. Therefore, in the event that any alleged default
under this Contract cannot be resolved by agreement of the Parties or in the event that
the Parties cannot resolve a conflict in or disagreement regarding interpretation of a
specific provision(s) of this Contract, the dispute, conflict or disagreement shall be
submitted to mediation as a condition precedent to (1) the filing of any lawsuit, and (2)
the filing of any other type of legal or equitable action to resolve such default or dispute
or to pursue available legal or equitable remedies. The costs of mediation shall be
shared equally by all Parties participating in the mediation.
7.12 Consent and Approvals. Whenever this Contract provides for the approval or
consent of one of the Parties, such consent or approval shall not be unreasonably
withheld or delayed.
TOWN OF TROPHY CLUB, TEXAS
(TOWN SEAL)
By:
Name:
Title:
ATTEST:
By:
Name:
Title:
(MUD 1 SEAL)
TROPHY CLUB MUNICIPAL UTILITY
DISTRICT NO. 1
109
By:
ATTEST:
By:
Name:
Title:
(MUD 2 SEAL)
TROPHY CLUB MUNICIPAL UTILITY
DISTRICT NO. 2
By:
ATTEST:
By:
Name:
Title:
110
EXHIBIT “A”
111
EXHIBIT “B”
112
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-10-2007
Subject: Agenda Item No.D.9
Discuss and take appropriate action relative to the Interlocal Agreement
between the Town and the Trophy Club MUDs to provide water supply and
wastewater treatment and equity services to the Town.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(bse)
Attachments: 1. Draft Water Supply and Wastewater Treatment Interlocal Agreement
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CONTRACT FOR WATER SUPPLY AND WASTEWATER TREATMENT,
BETWEEN THE TOWN OF TROPHY CLUB, TEXAS, TROPHY CLUB MUNICIPAL
UTILITY DISTRICT NO. 1 AND TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.
2
This WATER SUPPLY and WASTEWATER TREATMENT CONTRACT (“Contract”) is
entered into between THE TOWN OF TROPHY CLUB, TEXAS, a home rule
municipality located in Denton and Tarrant Counties (hereinafter “Town”) and TROPHY
CLUB MUNICIPAL UTILITY DISTRICT NO. ONE (hereinafter “MUD1”), TROPHY CLUB
MUNICIPAL UTILITY NO. TWO (hereinafter “MUD2”), both Districts created pursuant to
Section 59, Article XVI, Texas Constitution and the Texas Water Code, Chapter 54,
AND TROPHY CLUB MASTER DISTRICT, a joint venture of Trophy Club Municipal
Utility District No. 1 and Trophy Club Municipal Utility District No. 2, MUD1 and MUD2
and Trophy Club Master District are hereafter referred to collectively as “MUDs.”
Recitals
WHEREAS, prior to the execution of this Agreement, the MUDs entered into an
agreement which established the Trophy Club Master District, an agency established for
the purpose of collectively performing administrative and operational functions that were
originally performed by MUD 1 and MUD 2 individually (hereinafter “Master District”);
and
WHEREAS, Master District is not a public utility agency organized and formed
under the Texas Local Government Code; and
WHEREAS, MUDs desire to have the Master District as a signatory on this
Agreement; and,
WHEREAS, Town agrees to allow Master District to sign this Agreement for the
sole purpose specified in these recitals; and
WHEREAS, by signing this Agreement, Master District hereby expressly
acknowledges that it is aware of the existence of this Agreement, but that it has no
standing to bring suit, file a claim under any term of this Agreement, or otherwise seek
damages or specific performance of this Agreement separate and apart from or in
addition to that of MUD 1 and MUD2, individually or collectively; and
WHEREAS, MUDs currently supply water and wastewater treatment and
distribution and collection services to those customers located within the boundaries of
MUDs; and
WHEREAS, Town is empowered under the Texas Constitution and laws of the
State of Texas to provide Water and Wastewater Services to a certain portion of
property located within the territorial boundaries of Town which property is not located
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within the boundaries of MUDs nor is provided water or wastewater services therefrom,
hereinafter referred to as the “Property” and more fully described in Exhibit “A”; and
WHEREAS, as a result of the development occurring on the Property, Town
desires to receive access to water supply and wastewater treatment from MUDs to
serve the Property, in accordance with the terms and provisions set forth herein; and
WHEREAS, Town has created Trophy Club Public Improvement District No. 1
(hereinafter the “PID”) within the boundaries of the Property; and
WHEREAS, in the process of creating the PID and the accompanying
development agreement, the Developer(s) of the Property has agreed to make certain
payments to Town for the right to access and receive water supply and wastewater
treatment from the existing waster and wastewater facilities owned by MUDs and Town
has agreed to enter into this interlocal agreement with MUDs to secure the desired
water supply and wastewater treatment facilities for the Property, and such services
specifically set forth herein; and
WHEREAS, in order to allow the Town and Developer(s) to proceed forward with
the development of the Property, the Parties have agreed that the funds to be paid to
the MUDs pursuant to this Contract will be deposited into an escrow account with a
neutral escrow agent until such time as MUD1 and MUD2 reach agreement with each
other as to how such funds should be distributed or used; and
WHEREAS, MUDs understand and acknowledge that they are entering into this
Contract to provide Water Supply Transmission Services and/or Wastewater Services
for the purpose of allowing the Town to provide Water and Wastewater Services to
Town Customers; and
WHEREAS, the purpose of this Agreement is to outline the terms and conditions
of payment for which MUDs will provide access to water supply and wastewater
treatment and the payments that will be made for such access; and
WHEREAS, the Interlocal Cooperation Act, Texas Government Code, Chapter
791, et seq., as amended (the “Act”) provides authority for governmental entities of the
State of Texas to enter into Interlocal Agreements with each other regarding
governmental functions and services as set forth in the Act; and
WHEREAS, the provision of water and wastewater facilities is a valid
governmental function necessary for the public health, safety and welfare as provided in
the Intergovernmental Relations Section of the Texas Government Code at Chapter
791.026 which authorizes the Parties to contract to obtain or provide all or part of water
supply and wastewater treatment facilities under a contract that extends for any period
on which the parties agree; and
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WHEREAS, each Party hereto paying for the performance of governmental
functions or services shall make such payments from current revenues legally available
to the paying Party and each Party hereby finds and agrees that it is fairly compensated
for the services or functions performed under the terms of this Contract.
NOW, THEREFORE, Town and MUDs, for and in consideration of the recitals set
forth above and terms and conditions below, agree as follows:
ARTICLE I.
INCORPORATION / DEFINITIONS / EXHIBITS
1.1 Incorporation of Recitals. The foregoing recitals are agreed upon and
incorporated herein as a part of this Contract.
1.3 Definitions. Unless the content indicates others, the following words used in
this Contract shall have the following meanings:
Commission means the Texas Commission on Environmental Quality and any
successor or successors exercising any of its duties and functions related to municipal
utility districts.
Developer(s) means the owner and additional owners of the Property as
identified in the Highlands at Trophy Club Development and Public Improvement District
Agreement executed by and between Town and record owners of the Property and shall
also include subsequent Person(s) who purchase the Property or a portion thereof.
EPA means the federal Environmental Protection Agency and any successor or
successors exercising any of its duties and functions related to municipal utility districts.
Existing Infrastructure means Water System and Wastewater System and all
components thereof existing and operational and owned and/or controlled by MUDs,
whether individually or jointly, on the date of execution of this Contract.
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Fort Worth Water Contract means the Contract for Water Service between the
City of Fort Worth, Texas, and Trophy Club Municipal Utility District No. 1, dated
September 22, 1992, as amended.
Interconnect Line means the water line(s) constructed by Town to connect to
MUDs’ Water System of the size and at the location to be mutually agreed upon by
Town and MUDs.
Lift Station means any mechanical means of conveying wastewater by force.
MUDs Escrow Account means the escrow account established by MUDs with a
neutral third-party escrow agent such as TexPool, a bank, or other escrow business,
where funds paid by Town under this Contract will be deposited and remain invested
until MUD1 and MUD2 reach agreement with each other as to how such funds should
be distributed or used. ALTERNATIVELY: remain invested until disposition of the
funds is directed by agreement of MUD1 and MUD2, by court order, or by order of a
binding arbitrator.
Parties or Party shall mean either one or more of the MUDs or Town or both, as
the context provides.
Person(s) means an individual, corporation, partnership, association, joint
venture or any other third party legal entity.
Points of Connection of Wastewater means that point or points where Town
Wastewater System connects to MUDs’ Wastewater System.
Points of Connection of Water means that point or points where Town Water
System connects to MUDs’ Water System.
Property means that certain portion of property located within the territorial
boundaries of Town of Trophy Club and to which Town is empowered under the Texas
Constitution and laws of the state of Texas to provide Water and Wastewater Services
and which property is not located within the boundaries of either of MUDs nor is
provided Water or Wastewater services from either of MUDs.
Town means Town of Trophy Club, Texas, a home rule municipality located in
Denton and Tarrant Counties, Texas, and all land included within the territorial limits
and extraterritorial jurisdiction of Town, at Town’s creation and thereafter annexed from
time to time, excluding any and all land that is part of the Town but which lies outside of
the service area as identified in the Fort Worth Water Contract.
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Town Customers means any Person(s) not in the MUD districts who has the right
to receive, who contract to receive or who otherwise receive Water and/or Wastewater
Services from Town Water Distribution System and/or Town Wastewater Collection
System.
Town Wastewater Collection System means the wastewater system that may be
constructed, owned and operated by Town to serve Town for the collection of
Wastewater received from customers within Town, ending at the Point of Connection of
Wastewater, and will include any sewer force mains and Lift Stations that will be
required to transport Wastewater to the Point of Connection of Wastewater.
Town Water Distribution System means the water distribution system that may
be constructed, owned and operated by Town for the distribution of potable water
received from MUDs to Town Customers and beginning at the Points of Connection of
Water.
Town Water Tower means a minimum 500,000 gallon elevated storage tank to
be constructed and owned by Town.
Utility Fee means a payment of $2,300 to be paid at the time of issuance of each
building permit in need of a 5/8” meter for such 5/8” meter, which payment shall be to
compensate MUDs for the right to access and receive Water Supply Transmission
Services and Wastewater Treatment from Existing Infrastructure. Should the needed
meter be larger than 5/8”, then the charge above referred to shall be increased
proportionally.
Wastewater means the water-carried wastes, exclusive of ground, surface, and
storm waters, normally discharged from the sanitary conveniences of dwellings,
including apartment houses, hotels, offices buildings and institutions, of a domestic, not
industrial, nature, meeting the requirements of the Commission (defined above) and
EPA, including any successor agencies, set forth in and regulated by state and federal
law, as may be amended or superseded from time to time.
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Wastewater Services means the services provided by MUDs in receiving,
treating, testing, and disposing of Wastewater from Town Wastewater System in
accordance with the Contract.
Wastewater System means the wastewater collection lines, lift stations, pipes,
valves, meters, pumps, motors, treatment plant, effluent discharge lines, and other
facilities and equipment owned or controlled by MUD1, MUD2, or Trophy Club Master
District and operated as part of the central wastewater collection and treatment system
for MUD1 and MUD2 and their customers, and also including the existing PERMIT TO
DISCHARGE WASTES, TPDES PERMIT NO. WQ0011593001, issued March 26, 2007,
by the Commission to MUD1, as amended, or any other such governmental permit
authorizing the treatment of wastewater by MUDs.
Wastewater Trunk Facilities means the trunk line facilities that may be
constructed by Town to connect Town Wastewater System to MUDs Wastewater
System as provided in Article V of this Contract.
Water or Water Supply means potable water that meets federal and state
standards for consumption by humans.
Water Supply Transmission Services means the services provided by MUDs in
treating, pumping, transporting, and delivering Water from MUDs’ Water System to
Town Water Distribution System for consumption by Town customers in accordance
with this Contract.
Water System means the water wells, water transmission pipeline from the City
of Fort Worth (or other wholesale water supplier), mixing and treatment facilities, pipes,
valves, meters, ground storage tanks, elevated storage tank, pumps, motors,
distribution lines and other facilities and equipment owned or controlled by MUD1,
MUD2 or Trophy Club Master District and operated as part of the central treated water
system for MUD1 and MUD2 and their customers, and also including the existing
CONTRACT FOR WATER SERVICE BETWEEN THE CITY OF FORT WORTH,
TEXAS, AND TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 (as the owner of
legal title and operator of common utility facilities in Trophy Club development at that
time) dated September 22, 1992, as amended, or any other such wholesale water
supply contract to MUDs.
1.3 Exhibits. The following Exhibits attached to this Contract are hereby made a
part of the Contract as though fully incorporated herein:
Exhibit “A” - Property Boundaries
Exhibit “B” - Points of Connection of Water and Wastewater
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ARTICLE II.
POINTS OF CONNECTION - WATER
2.1 Points of Connection of Water. MUDs shall deliver Water to Town Water
Distribution System at the Points of Connection of Water. The location of the first Point
of Connection of Water shall be at the point shown on Exhibit “B.” MUDs shall not be
required to provide Water to Town, except for testing of line purposes, until the
completion by Town and final approval of the Interconnect Line by MUDs, which final
approval shall not be unreasonably withheld by MUDS. Any subsequent Points of
Connection of Water will be at a point(s) mutually agreed upon in writing by the Parties
and shall be based upon design standards and industry standard engineering practices.
ARTICLE III.
POINTS OF CONNECTION - WASTEWATER
3.1 Points of Connection of Wastewater. MUDs shall receive Wastewater from
Town Wastewater System at the Points of Connection of Wastewater. The location of
the first Point of Connection of Wastewater shall be at the point shown on Exhibit “B,”
MUDs shall not be required to commence Wastewater Service to Town until the
completion by Town and final approval of the Wastewater Trunk Facilities by MUDs,
which final approval shall not be unreasonably withheld by MUDS. Any subsequent
Points of Connection of Wastewater will be at a point(s) mutually agreed upon in writing
by the Parties and shall be based upon design standards and industry standard
engineering practices.
ARTICLE IV.
COMPENSATION TO MUDS FOR ACCESS TO EXISTING INFRASTRUCTURE
4. 1 Consideration. MUDs understand and acknowledge that Town has entered into
a separate Development Agreement for the Property and that the terms of the
Development Agreement require Town to obtain access to and provide water and
wastewater treatment services for the Property. In consideration for the right to access
and receive Water Supply Transmission Services and Wastewater Services from
Existing Infrastructure and so that Town may fulfill its obligations under the
Development Agreement, Town agrees to pass-through the following payments to
MUDs in accordance with the terms of this section:
A. Lump Sum Payment. Within fifteen (15) days of Town’s receipt of the
$540,000 lump sum payment due from Developer pursuant to the Development
Agreement for the right to access Water Supply and Wastewater Treatment, Town shall
deposit such sum into “MUDs Escrow Account.” Such payment shall be in
consideration for the right to access Water Supply in the Existing Infrastructure prior to
any connection to the Existing Infrastructure. Town shall pass-through such payment to
MUDs Escrow Account as directed by a majority of both MUD Boards, by order of a
binding arbitrator, or as directed by court order.
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B. Utility Fees. Town’s fee schedule provides that an Utility Fee shall be
paid to Town by the applicant for each residential building permit in need of a 5/8”
meter, which fee shall be paid by Town to MUDs in accordance with the terms of this
section in order to compensate MUDs for the right to access and receive Water Supply
Transmission Services and Wastewater Services from Existing Infrastructure. Upon
collection of one or more Utility Fees by Town, such Utility Fees shall be deposited by
Town into MUDs Escrow Account. Town shall continue to collect and to deposit such
Utility Fees into MUDs Escrow Account until such time as the total amount paid into that
account equals $3,260,000. Town shall collect and deposit a minimum of one hundred
fifty (150) Utility Fees each year, for a total of five (5) successive years commencing on
May 7, 2008 (hereinafter “Collection Period”). In the event that more than 150 Utility
Fees are collected by Town in any one or more years of the Collection Period, such
Utility Fees in excess of the 150 Utility Fees required under this Section shall be carried
over to the following year or years and shall be a credit toward the total Utility Fees due
for such subsequent year or years. In the event that fewer than 150 Utility Fees are
collected by Town during any one or more year(s) of the Collection Period, including
those Utility Fees carried over from any given year in which more than 150 Utility Fees
were collected by Town, Town shall within ten (10) days of collection of such Utility
Fees from Developer, pay into MUDs Escrow Account the difference between the
amount that would have been paid had 150 Access Fees been paid at $2,300 each and
the amount of Utility Fees actually collected by Town. On or after May 7, 2013, Town
shall calculate the total amount of Utility Fees paid to MUDs. Town shall provide MUDs
written notice of any amount paid less than $3,260,000 (the "Utility Fee Remainder").
The Utility Fee Remainder shall either be paid in thirty (30) days of Town’s receipt of
that payment from Developer pursuant to the Development Agreement, or within such
thirty (30) day period, a letter of credit, or other financial security, which secures ten
percent (10%) annual rate of interest of the Utility Fee Remainder, shall be obtained
from Developer by Town pursuant to the Development Agreement, Annually thereafter,
Town shall obtain from Developer pursuant to the Development Agreement, a letter of
credit or other financial security, as approved by Town, securing the ten percent (10%)
annual rate of interest of any remaining amount of Utility Fees paid less than
$3,260,000, until the full $3,260,000 is paid. Any and all letters of credit or other
financial security obtained by Town pursuant to this Section shall be obtained for the
benefit of MUDs as security to ensure that payment of the $3,260,000 amount due to
MUDs is paid in full. Town shall pass-through such payment to MUDs Escrow Account
as directed by a majority of both MUD Boards, by order of a binding arbitrator, or as
directed by court order.
C. Town Water Tower. Town shall, as it determines in its sole discretion,
construct and put into operation Town Water Tower at such time as Town determines it
necessary and appropriate to construct such Town Water Tower.
D. Impact Fees. Town understands that MUDs have a separate agreement
for water services with the City of Fort Worth (hereinafter “Fort Worth Contract”) and
that pursuant to that Fort Worth Contract, MUDs collect certain impact fees from their
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customers that are paid to Fort Worth. Town understands and agrees that as a water
supply customer of MUDs, Town will be required to pay all impact fees due under the
Fort Worth Contract. Therefore, Town agrees to take such actions necessary to collect
or to allow for the collection from Town Customers an amount equal to the impact fee
assessed by the City of Fort Worth pursuant to the Fort Worth Contract and to remit
such sum to MUDs in the amount and in accordance with the terms set forth in the Fort
Worth Contract. Upon receipt of such funds from Town, MUDs shall immediately remit
that amount to the City of Fort Worth. Notwithstanding the foregoing, no amount shall
be due and owing from Town to MUDs until such time as payment for impact fees is
collected by Town from Town Customers.
ARTICLE V.
TERM
5.1 Term. This Contract shall become effective upon approval by each of the
respective governing bodies of Town, MUD1 and MUD2 and upon execution by their
respective authorized representatives, and shall remain in effect for a term of one (1)
year, and shall renew annually for succeeding additional terms of one (1) year each until
the entire sum of Utility Fees shall reach $3,260,000 unless terminated by any Party as
provided herein.
5.2 Termination for Default. Any Party to this Contract who believes that the other
Party to this Contract has defaulted in the performance of any condition, term, or
obligation owed to that Party under the Contract other than the payment of monies
owed hereunder shall give written notice of the default to the defaulting Party, specifying
in detail the provision or provisions of the Contract that have been breached and
specifying what action must be taken to cure or correct the default. Should the Party
receiving the notice fail to correct the default within sixty (60) days following receipt of
the written notice, and if such corrective action is within the power of the defaulting
Party, the Party giving the notice of default may terminate this Contract by giving a
written termination notice to the defaulting Party specifying the termination date.
5.3 Termination without default. Any Party shall have the right to terminate this
contract without cause upon written notice to the other Party, EXCEPTING those
portions hereof which obligate the Town to collect and to pass-through when collected
the Utility Fees above referred to until the total of Utility Fees paid reaches $3,260,000.
Such notice of termination must be provided at least 180 days in advance of such
termination date, but in no case shall termination be allowed earlier than one (1) year
from the date of execution of this Contract.
ARTICLE VI.
MISCELLANEOUS
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6.1 Remedies Cumulative. The Parties specifically agree that the remedy of specific
performance of this Contract is an appropriate and necessary remedy and agree that
any Party may employ the remedy of specific performance in the event of a breach of
this Contract. It is not intended hereby to specify (and this Contract shall not be
considered as specifying) an exclusive remedy for any default, but all remedies,
including specific performance and mandamus, may be availed of by any Party and
shall be cumulative of any other remedy herein specified.
6.2 Immunity. The fact that Town and MUDs accept certain responsibilities relating
to the access to and receipt of Water and Wastewater Services under this Contract as
part of their responsibility for providing Water and Wastewater Services to their
respective residents makes it imperative that the performance of these vital services be
recognized as a governmental function and that the doctrine of governmental immunity
shall be, and it is hereby, invoked to the extent possible under the law. Neither Town
nor MUDs waive any immunity or defense against third party claims that would
otherwise be available to it against claims arising from the exercise of governmental
powers and functions. The Parties hereto agree that each respectively waives its
sovereign immunity to suit for the limited purpose of adjudication of a claim for breach of
this Contract. Notwithstanding the foregoing agreement, remedies in such action shall
be limited to those provided by Chapter 271 of the Texas Local Government Code.
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6.3 Force Majeure. If any Party is rendered unable, wholly or in part, by force
majeure to carry out any of its obligations under this Contract, except the obligation to
pay amounts owed or required to be paid pursuant to the terms of this Contract, then
the obligations of such Party, to the extent affected by such force majeure and to the
extent that due diligence is being used to resume performance at the earliest
practicable time, shall be suspended during the continuance of any inability so caused
to the extent provided but for no longer period. As soon as reasonably possible after
the occurrence of the force majeure relied upon, the Party whose contractual obligations
are affected thereby shall give notice and full particulars of such force majeure to the
other Party. Such cause, as far as possible, shall be remedied with all reasonable
diligence. The term "force majeure," as used herein, shall include without limitation of
the generality thereof, acts of God, strikes, lockouts, or other industrial disturbances,
acts of the public enemy, orders of any kind of the government of the United States or
the State of Texas or any civil or military authority other than a Party to this Contract,
insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes,
restraint of government and people, civil disturbances, explosions, breakage or
accidents to machinery, pipelines or canals, partial or entire failure of water supply
resulting in an inability to provide water necessary for operation of the water and sewer
systems hereunder or in an inability of MUDs to provide Water or receive Wastewater,
and any other inabilities of any Party, whether similar to those enumerated or otherwise,
which are not within the control of the Party claiming such inability, which such Party
could not have avoided by the exercise of due diligence and care. It is understood and
agreed that the settlement of strikes and lockouts shall be entirely within the discretion
of the Party having the difficulty, and that the above requirement that any force majeure
shall be remedied with all reasonable dispatch shall not require the settlement of strikes
and lockouts by acceding to the demands of the opposing Party when such settlement
is unfavorable to it in the judgment of the Party experiencing such difficulty.
6.4 Applicable Law. This Contract shall be governed by the laws of the State of
Texas and no lawsuit shall be prosecuted on this Contract except in a court of
competent jurisdiction located in Denton County.
6.5 No Additional Waiver Implied. No waiver or waivers of any breach or default (or
any beaches or defaults) by any Party hereto of any term, covenant, condition, or
liability hereunder, or the performance by any Party of any duty or obligation hereunder,
shall be deemed or construed to be a waiver of subsequent breaches or defaults of any
kind, under any circumstances.
6.6 Addresses and Notice. Unless otherwise provided in this Contract, any notice,
communication, request, reply, or advice (herein severally and collectively, for
convenience, called "Notice") herein provided or permitted to be given, made, or
accepted by any Party to the other (except bills), must be in writing and may be given or
be serviced by depositing the same in the United States mail postpaid and registered or
certified and addressed to the Party to be notified, with return receipt requested, or by
delivering the same to such Party, addressed to the Party to be notified. Notice
deposited in the mail in the manner hereinabove described shall be conclusively
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deemed to be effective, unless otherwise stated in this Contract, from and after the
expiration of three (3) days after it is so deposited. Notice given in any such other
manner shall be effective when received by the Party to be notified. For the purpose of
notice, addresses of the Parties shall, until changed as hereinafter provided, be as
follows:
If to MUDs, to: If to Town, to:
MUD Manager Town Manager,
100 Municipal Drive 100 Municipal Drive
Trophy Club, Texas 76262 Trophy Club, Texas 76262
The Parties shall have the right from time to time and at any time to change their
respective addresses and each shall have the right to specify any other address by at
least fifteen (15) days' written notice to the other.
6.7 Merger and Modification. This Contract, including the exhibits that are attached
hereto and incorporated herein for all purposes, embodies the entire agreement
between the Parties relative to the subject matter hereof. This Contract shall be subject
to change or modification only with the written mutual consent of all Parties affected by
such change or modification.
6.8 Severability. The provisions of this Contract are severable, and if any part of this
Contract or the application thereof to any person or circumstances shall ever be held by
any court of competent jurisdiction to be invalid or unconstitutional for any reason, the
remainder of this Contract and the application of part of this Contract to other persons or
circumstances shall not be affected thereby.
6.9 Successors and Assigns. This Contract shall be binding upon and inure to the
benefit of the Parties hereto and their successors. This Contract shall not be assigned
without the written consent of the governing bodies of the respective entities.
Notwithstanding the foregoing, this Contract is a non-exclusive Contract and all Parties
hereto may, without consent or notice to the other Parties, contract with one or more
third parties for the same or similar commodities or services provided under the terms of
this Contract.
6.10 Benefits of Contract. This Contract shall not be construed to confer any benefit
on any other Person or entity except as expressly provided for herein.
6.11 Non Binding Mediation. The Parties agree that they shall first attempt to
resolve disputes hereunder by the use of non-binding mediation. Therefore, in the
event that any alleged default under this Contract cannot be resolved by agreement of
the Parties or in the event that the Parties cannot resolve a conflict in or disagreement
regarding interpretation of a specific provision(s) of this Contract, the dispute, conflict or
disagreement shall be submitted to non-binding mediation as a condition precedent to
(1) the filing of any lawsuit, and (2) the filing of any other type of legal or equitable
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action to resolve such default or dispute or to pursue available legal or equitable
remedies. The costs of mediation shall be shared equally by all Parties participating in
the mediation.
6.12 Consent and Approvals. Whenever this Contract provides for the approval or
consent of one of the Parties, such consent or approval shall not be unreasonably
withheld or delayed.
TOWN OF TROPHY CLUB, TEXAS
(TOWN SEAL)
By:
Name:
Title:
ATTEST:
By:
Name:
Title:
(MUD 1 SEAL)
TROPHY CLUB MUNICIPAL UTILITY
DISTRICT NO. 1
By:
ATTEST:
By:
Name:
Title:
(MUD 2 SEAL)
TROPHY CLUB MUNICIPAL UTILITY
DISTRICT NO. 2
By:
ATTEST:
By:
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Name:
Title:
127
EXHIBIT “A”
128
EXHIBIT “B”
129
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-10-2007
Subject: Agenda Item No.D.10
Discuss and take appropriate action regarding a Resolution repealing
Resolution No. 2006-29, amending the Municipality of Trophy Club
Handbook for Elected and Appointed Officials and providing an effective
date.
EXPLANATION:
Staff has made the appropriate changes according to Council’s actions on August 20,
2007. Staff would like Council to consider making these changes effective October 1,
2007 at the same time the annual appointments go into effect.
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Excerpt of August 20, 2007 Minutes
2. Revised according to revisions approved at the August 20th, 2007
Council meeting.
3. Resolution
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Excerpt of August 20, 2007 Minutes
D.7 Discuss and take appropriate action regarding various revisions to the Handbook for Elected and
Appointed Officials:
A. Discuss and take appropriate action regarding Section 3, Conduct of Town Officials.
Motion made by Edstrom, seconded by Moss to remove the Section 3 in its entirety from handbook.
Council member Cates does not see the harm in leaving Section 3 as it is positively stated positively.
Council members Sterling and Wilson also agreed that it should stay in.
Greg Lamont, 15 Avalon Drive – Supports the Ethics Section of the Handbook.
Bob Radder, 1 Lee Court – Looks forward to the investigation by the Texas Ethics Commission as
initiated by Greg Lamont.
Council member Moss feels even stronger about his position. Mayor Pro Tem Edstrom wants to be sure
the Council protects the committee members so they still feel free to address the council. Council
member Sterling thinks the ethics pledge is a personal pledge and serves more as a reminder of how one
should conduct themselves.
Point of clarification, motion made to remove Section 3, in its entirety
Motion passed 3:2; with Council members Wilson and Sterling opposing.
Motion made by Sterling; seconded by Cates to add section 3, page 99 of the packet, including “I will
keep my comments germane to the issues before the Council.”
Motion passed 3:2; with Edstrom and Moss opposing.
B. Discuss and take appropriate action regarding Section 19, Compliance for Enforcement.
Motion made by Edstrom; seconded by Cates to remove Section 19.
Mayor Pro Tem Edstrom does not feel this section is necessary as Council has the authority to remove
members of Boards. Council member Sterling agreed.
Motion passed unanimously without further discussion.
C. Discuss and take appropriate action regarding Section 20, Procedures for Enforcement.
Motion made by Edstrom; seconded by Cates to remove.
Council member Cates feels the process as written, in section 20 has already caused too many problems
and should be removed.
Motion passed unanimously without further discussion.
D. Discuss and take appropriate action regarding any other sections of the Handbook for Elected
and Appointed Officials.
Motion made by Council member Moss; seconded by Wilson to accept the Handbook with the previous
revisions.
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E. Discuss and take appropriate action regarding an effective date.
No action taken on an effective date. Staff will make the approved changes and bring back with the
Resolution at the September 10, 2007 meeting.
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MUNICIPALITY OF TROPHY CLUB
Handbook for Elected and Appointed Officials
EFFECTIVE DATE: 12/18/2007 REVISION DATE/NO: 12/18/2006
2 -10/1/2007
This Handbook is applicable to all paid, non-paid and voluntary positions and seats to
include; Volunteers assisting with Special Event functions, Citizens Advisory Groups,
Committees, Commissions and Boards.
I acknowledge receiving and agree to comply with the policies set forth in the Handbook
for Elected and Appointed Officials.
__________________________________________ _________
Elected/Appointed Official Signature Date
Return this page to the Town Secretary attached the Texas Open Government Training
Certificates where applicable.
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Introduction
In order to achieve its goals, The Town of Trophy Club needs the support of dedicated
citizens who volunteer to serve on boards, commissions and citizen advisory groups.
The Town encourages and appreciates citizens with diversity of ideas and backgrounds
to serve as volunteers.
In accordance of 3.08(e) and 4.16 of the Town Charter, the citizens who serve do so
without compensation, they are appointed to serve after indicating their interest through
the proper application process, and the boards and commissions serve at the discretion
of the Town Council. Citizen advisory groups serve at the discretion of the Staff
Administrator for that group.
Generally, members of each board, commission or citizen advisory group are charged
with researching pertinent projects and with making recommendations to the Town
Council. Members serve in an advisory capacity. The single exception is the Zoning
Board of Adjustment, which has some quasi-judicial duties. The exact duties and
requirements of each board and commission can be found in the section of this
handbook pertaining to that specific group.
The structure of each board and commission consists of members, a Chair/President
and a Town Staff Liaison. An Advisory Group has a Town Staff Administrator.
Boards and Commissions
At present, the Town of Trophy Club has six appointed boards: Economic Development
Corporation A, Economic Development Corporation B, Zoning Board of Adjustment,
Tree Board, Park Board and the Planning and Zoning Commission.
Economic Development Corporations
The Town has two economic development corporations. Each of these groups submits
an annual budget to the Council regarding the distribution of funds collected from sales
tax designated by voters to be used for economic development and park improvement.
If economic development corporations want to include a new project not listed on the
approved budget, then the economic development corporation will make
recommendations to the Council for approval.
The economic development corporations cannot take action unless a quorum is
present. A quorum is a majority of the voting members of any group. If a group has six
voting members at least four members must be present in order for action to be taken.
Minutes of all meetings will be taken by the Staff Liaison.
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The Zoning Board of Adjustment (ZBA)
The ZBA is a body that approves special exceptions to the Comprehensive Zoning
Ordinance (CZO) consistent with the general purpose and intent of the CZO and in
accordance with any state law and applicable rules contained in the Ordinance.
When acting in this capacity the ZBA is quasi-judicial. Appeal of a ZBA decision is to a
district court. The ZBA has five (5) regular members and four (4) alternate members
serving two-year terms. Four of five voting members (regular or alternate) must be
present to conduct business. No agenda item may be approved unless four positive
votes are cast.
Minutes of all meetings will be taken by the Staff Liaison.
Tree Board
The Tree Board exists to care for the trees in our beautiful Town. The board is a group
of concerned volunteers charged by ordinance with developing and administering a
comprehensive tree management program. The board focuses on trees in public areas
such as parks and medians.
Methodology
• enforcement of tree ordinance
• educational opportunities for citizens
• development of comprehensive tree management program
• Arbor Day to celebrate the importance of trees
Projects
• Arbor day planning and education
• Wildflower planting
• Comprehensive tree care and management program
• Tree Brochure to provide recommended species, planting and care tips
• Tree Town USA - qualification and application to be completed annually
The Tree Board meets six to eight times a year, as needed. Announcements will be
posted to the Town calendar.
Minutes of all meetings will be taken by the Staff Liaison.
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Park Board
The Board exists to allow residents to play a more active role and to provide direct
citizen input to the Parks and Recreation Director for the development of parks and
recreational facilities with the Town.
Methodology
• advisory capacity to Town Council
• advisory capacity to Parks and Recreation Director
• study and development of recreation areas
• advise and recommend the development of long-range capital
improvement programs
• cooperate with other governmental agencies, civic organizations and all
citizens of the Town in the advancement of sound parks and recreation
planning and programming
• recommend to Town Council amendments to the Parks and Recreation
Ordinance
• annual reports to Town Council
• review and recommend proposed budget for the parks and recreation
department
• adopt and recommend additional rules to Council as necessary
Projects
• recommend standards for areas, facilities, programs and financial support
• review the master planning guide and become familiar with such plan
• solicit grants
• develop and recommend written policies and procedures to Town Council
Planning and Zoning Commission
The Town currently has one commission; the Planning and Zoning Commission plans
and makes recommendations to the Town Council for the orderly growth, development
and welfare of the Town.
A commission may not take action unless a quorum is present. A quorum is a majority
of the voting members of any group. If a group has six voting members, at least four
members must be present in order for action to be taken.
Minutes of all meetings will be taken by the Staff Liaison.
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Applicant Requirement for Boards or Commissions
Applicants for boards or commissions must be registered voters and residents for six
months. Board and commission members must be Trophy Club residents for at least six
months as well as registered voters prior to their appointment. With the exception of the
Planning and Zoning Commission, Zoning Board of Adjustment and the Economic
Development Boards, based upon good cause shown, Council may waive the voter
registration requirement for a person appointed to a Board, Commission, or Citizen
Advisory Group that does not make recommendations for Council approval. The
technical expertise of applicants may be a consideration in gaining appointment.
Vacancy Posting, Application, Interview and Appointment
Process
The following is the Vacancy Posting, Application, Interview and Appointment process
for Economic Development Corporation A, Economic Development Corporation B,
Zoning Board of Adjustment, Tree Board, Planning and Zoning Commission and
the Parks and Recreation Board.
Posting Process
The Town Secretary will ensure that annual appointments for Boards & Commissions
are posted in the month of June:
• Announced in the Town Newsletter, a newspaper published by the Town
• Posted on the marquees on Trophy Club Drive, Trophy Lake Drive and
Trophy Wood Drive
• Posted on cable’s public information Channel
• Posted on the Town’s Web page at: www.ci.trophyclub.tx.us
The Town Secretary will also notify each member, whose term is expiring, requesting
that they complete a Request for Reappointment Form and return by the prescribed
time.
Application Process for Annual Appointments
Applications will be accepted each year in July.
Members seeking reappointment must submit their desire in writing to the Town
Secretary and Town residents who are interested in a position may request an
application at the Town office. The completed application shall be submitted to the
Town Secretary to be forwarded to the board and/or commission Staff Liaison.
Interview Process
Interviews will occur each year in August.
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Staff Liaisons will be responsible for scheduling interviews for each candidate who
submits an application for their respective board and/or commission. The board and/or
commission Chairman will make their group’s recommendation to Council for
appointment. The recommendation from the board is advisory, and Council shall make
the final determination regarding appointment. When possible, the board and/or
commission’s recommendations will exceed the number of open seats to allow the
Council to make appointments to fill vacancies due to resignations within that current
year.
Mid-Term Vacancy
When a member of a board or commission resigns midterm, the Staff Liaison will obtain
a letter of resignation from the member and will forward to the Town Secretary.
In cases where applications exceeding the number of open seats were received during
the Annual Appointment process, applicants who were not appointed during the annual
appointment process will be considered first.
The Town Secretary will confirm those applicants’ continued interest and then forward
the previously submitted application to the Town Council for review and consideration
for appointment.
In cases where applications did not exceed the number of open seats during the Annual
Appointment process the vacancy will be posted.
The Town Secretary will ensure that the vacancy is posted:
• on the marquees on Trophy Club Drive, Trophy Lake Drive and Trophy
Wood Drive for a period of at least 3 days, or as time allows;
• on cable’s public information channel for a period of two weeks; and
• on the Town’s web page at: www.ci.trophyclub.tx.us, for a period of two
weeks.
Members appointed to fill vacancies serve out the remainder of a predecessor’s term.
Appointments Process
Council Appointments will occur each year in September for the new terms to begin in
October.
Term Lengths
Members serve two-year terms on Economic Development Corporation A, Economic
Development Corporation B, Zoning Board of Adjustment, Tree Board and the Planning
and Zoning Commission.
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Members serve three-year terms on the Park Board.
Terms are staggered, with the Council making annual appointments to replace
members whose regular terms expire in any given year.
Maximum number of Appointments
A person may hold a maximum of two board or commission seats at any one time.
Open Government Training
Effective January 1, 2006, elected and appointed public officials are required by a new
state law to receive training in Texas open government laws. The Office of the Attorney
General offers free video training courses, which were developed in compliance with a
mandate from the 79th Texas Legislature. The Attorney General established the formal
training necessary to ensure that all elected and appointed government officials have a
good command of both open records and open meetings laws.
Each elected or appointed official who is a member of a governmental body subject to
the Open Meetings Act or the Public Information Act must attend training. Additionally,
employees who serve as a governmental body's designated public information
coordinator are required to complete the Public Information Act training course.
Officials who are in office before January 1, 2006 have one year until January 1, 2007
to complete the required training. Officials who are elected or appointed after January
1, 2006 have 90 days within which to complete the required training.
Staff Liaisons from the individual groups requiring the training will be responsible to
ensure that all members of their group receive the training. Training CDs are available
in the Town Secretary’s office or may be obtained online at:
http://www.oag.state.tx.us/media/videos/play.php?image=2005openrecords&id=150
Certificates of completion must be maintained by the member's governmental body and
made available for public inspection upon request. The member must confirm that they
have received the training, by completing the appropriate certificate of completion,
witnessed by the Staff Liaison. Once signed, the original Certificate is forwarded to the
Town Secretary to be kept in permanent records.
More information on Open Government maybe obtained online at the Texas Attorney
General’s Office. (http://www.oag.state.tx.us)
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Nepotism
A board or commission Chair/President cannot be a relative of the Mayor or of a Council
Member. On any given Board and/or Commission, only one member can be a relative
of a Council Member. A person is a relative if he/she is related in the first degree by
consanguinity (blood) or by affinity (marriage).
Members of the Economic Development Corporation, Zoning Board of Adjustment or
Planning and Zoning Commission cannot be related to a Council member.
Guidelines for Members
All members of boards and/or commissions have specific duties and responsibilities.
All members of boards and/or commissions are expected to participate in formal and
informal training sessions.
Many boards and commissions deal with technical issues that can require a foundation
of certain knowledge that must be updated from time to time. The Town will provide
reasonable opportunities for members to acquire and keep current in these training
efforts. Members are expected to participate.
Regular attendance
Effectiveness as a member requires regular attendance. Should a member of a board
and/or commission fail to attend three consecutive regular meetings without being
excused by the board and/or commission, his/her office may be declared forfeited by
that board and/or commission. A member who is unable to attend a meeting shall notify
the Staff Liaison of his/her inability to attend the meeting and shall provide an
explanation of the conflict or other reason that prevents his/her attendance. Notice to
the Staff Liaison shall be provided as soon as practicable after the member becomes
aware that he/she will be absent.
It is particularly important that all members attend briefing sessions and work sessions
prior to formal meetings so as to promote effective and efficient meetings. If a member
finds difficulty in maintaining regular attendance, it is suggested that the member
consider whether he/she has sufficient time to be an effective member. It is the
responsibility of a member in this position to initiate a discussion with the
Chair/President or Staff Liaison about attendance.
The Chairman of the board and/or commission is to maintain a charted attendance
record for all members. If attendance becomes an issue, the Staff Liaison will attempt to
secure a written resignation.
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The Staff Liaison is responsible for submitting periodic reports to the Town Council on
behalf of the board and/or commission noting progress and members attendance.
Avoidance of contacts and individual discussions
It is not uncommon for applicants, opponents, or their representatives to approach
individual members to solicit support or disapproval of a pending issue. These individual
contacts should be avoided. It is the policy of the Town that all members of a board
and/or commission deserve equal access to all information and that any statement
relevant to an issue should be made in an open meeting for the benefit of all the
participants.
Requests for sponsorships/donations/agreements with vendors
Members do not have the authority, when asking for donations or making agreements
with vendors, to give the impression that they are acting as an agent for the Town.
Furthermore, commission and board members are not permitted to obligate any Town
funds or enter any agreements without prior written approval of the Town Manager or
the Manager’s designee.
Defining and Responding to Conflicts of Interest
Members of boards and/or commissions are subject to provisions of Chapter 171 of the
Local Government Code, pertaining to conflicts of interest. A conflict of interest exists if
a person has a substantial interest in a business entity or an interest in real property
affected by an action.
A “substantial interest in a business entity” is defined as 1) ownership of 10 percent or
more of the voting stock or shares of the business entity or owns either 10 percent or
more or $15,000 or more of the fair market value of the business entity, or 2) funds
received by the person from the business entity exceed 10 percent of the person’s
gross income for the previous year.
A person has a “substantial interest in real property” if the interest is an equitable or
legal ownership with a fair market value of $2,500 or more. A local public official is
considered to have a substantial interest if a person related to the official in the first
degree of consanguinity (blood) or affinity (marriage) has a substantial interest as
described above. If a member has a conflict of interest in a matter, that person can
obtain from and file with the Town Secretary an affidavit stating the nature and extent of
the interest and shall abstain from any action or discussion of the matter creating the
conflict. In cases where a conflict of interest is declared, members should physically
leave any meeting while any item causing said conflict is discussed.
Effective Meetings
All members of boards, commissions and committees should familiarize themselves
with the elements of a successful meeting.
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These include:
• Having a purpose for the meeting;
• Giving adequate notice;
• Posting public notice when required;
• Preparing for the meeting in advance;
• Preparing an agenda;
• Allowing for appropriate participation from all parties;
• Selecting an appropriate meeting place;
• Determining the outcome or results of the meeting;
• Keeping an accurate record of all proceedings; and
• Keeping discussion focused on items listed on the agenda.
Members should avoid common mistakes that can make meetings unproductive,
including but not limited to:
• Lack of control at the meeting, appearing unfair, being unable to bring
issues to a vote and wasting people’s time.
• The Staff Liaison and Chair are responsible for compliance with the Texas
Open Meetings law.
Meetings of all boards, commissions and committees are open to the public.
Prior to initiating a closed or “Executive Session,” the Staff Liaison and Chair shall
receive approval from the Town Manager and Town Attorney.
Prior to any meeting, the Chair and Staff Liaison shall prepare an agenda describing
actions to be taken by the group. The agenda shall be prepared in a format approved by
the Town Attorney and shall be posted on the front glass display area of the Municipal
Utility District Building in accordance with state law at least 72 hours prior to the
meeting.
The prescribed order of a meeting should be:
Approval of minutes from prior meeting; public hearings; recognition of visitors; new
business; old business; and recess and adjournment.
Prior to the meeting, the Staff Liaison shall prepare and distribute complete and
accurate information pertaining to any action being requested of the board, commission
or committee. Some action items require public hearings, and advance communication
shall be established with the Town staff to ensure that the hearings are properly
advertised as required by law. Any public notice of a board, commission or committee
meeting that is required by law must be prepared and advertised by Town staff.
The Chair or Staff Liaison shall arrange for an appropriate meeting location. Said
location should include proper lighting, voice, temperature control, adequate facilities
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and seating for the anticipated audience participation, and facilities for display of
information.
The Chair shall allocate sufficient time for both applicants and opponents of an issue to
present their information. Regardless of whether a contemplated issue is listed as a
public hearing item or not, interested parties should be given a reasonable opportunity
to present their information and opinions, unless the group is meeting in a workshop
session. The Chair must allocate and manage the time to be allotted and shall use
discretion based upon the agenda and other factors. It is appropriate for the Chair to
ask persons to refrain from repeating information.
The Chair shall endeavor to see that all persons attending or participating in meetings
are treated with respect and dignity. All members must refrain from prejudicial or
stereotypical comments. All members must refrain from questioning that takes the form
of “badgering” or “debating” with those providing testimony.
All members need to be cautious of publicly representing their positions beyond the
scope of the business at hand. The official position of the Town shall be represented
only by Town staff as established by the Town Council.
Conduct in meetings
Board and/or commission members should act in a professional manner. If a resident
visits a meeting and presents a complaint to the board and/or commission at a meeting
the information should be taken and referred to Staff to reply to the resident.
Rules of Decorum
Recognition by Chairman: No person shall address the board and/or commission
without first being recognized by the Chairman.
Order: While the Council is in session, the members must preserve order and decorum,
and a member shall neither, by conversation or otherwise, delay or interrupt the
proceedings or the peace of the Town Council nor disturb any member while speaking
or refuse to obey the orders of the Chairman/Mayor. Members of the Town Council shall
not leave their seats during a meeting without first obtaining the permission of the
Chairman/Mayor.
Chairman May Debate and Vote: The Chairman may move only to such limitations of
debate as are the rights and privileges of a member by reason of his acting as the
Chairman. If the Chairman is engaged in debate and is abusing his position as
Chairman, at the insistence of any three members, the Chairman member must
relinquish the Chair in accordance with provisions of Robert’s Rules of Order Newly
Revised.
Getting the Floor, Improper References to be Avoided: Every member wishing to speak
shall address the Chair, and upon recognition by the Chairman shall confine
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himself/herself to the questions under debate, avoiding all personalities and
inappropriate language.
Interruptions: A member, once recognized, shall not be interrupted when speaking
unless it be to call the member to order, or as herein otherwise provided. If a member,
while speaking, is called to order, the member shall cease speaking until the question of
order is determined and, if in order, the member shall be permitted to proceed.
PARLIAMENTARY MOTIONS AND PRECEDENCE
A Majority Vote
Requires 2nd Debatable Amendable of Those Present
1. To adjourn Yes No No Yes
2. To take a recess Yes No Yes Yes
3. To commit, refer, or Yes Yes Yes Yes
recommit to committee
4. To amend Yes Yes Yes Yes
5. To amend an amendment Yes Yes No Yes
6. To postpone indefinitely Yes Yes No Yes
7. To table Yes No No Yes
8. Calling the question No No No Yes
9. Objecting to consideration of No No No 2/3
a question
Resignations
When a board and/or commission member resigns, a letter of resignation should be
submitted to the Commission and/or Board Chairman. The Chairman will forward the
letter to the Staff Liaison who will then forward on to the Town Secretary.
Freedom of Expression
All citizens should feel free to express their opinions in an appropriate and professional
manner. Members of commissions and boards which are required by law to make
judgments and/or render decisions relative to issues that are presented to them must
act fairly and equitably, as well as maintain a perception of fairness and equality and
must refrain from interjecting their own personal bias. Should questions or concerns
relative to fairness and/or personal bias issues arise, the appropriate Chair or Staff
Liaison must implement the necessary steps to settle the issue(s) equitably. If the
chair/president or staff liaison cannot remedy the issue, the Town Manager is consulted
for resolution. In the event that the issue(s) cannot be resolved satisfactorily, the
issue(s) must be presented to the Town Council for final settlement.
Responsibilities of the Chair
Each board and/or commission group shall have a Chair/President. A board and/or
commission, at the Council’s discretion, may be asked to make a recommendation for a
Chair with the final determination left to the Council. The Chair should have some
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experience as a member of the group. The Planning and Zoning Commission’s chair will
be determined entirely by the Council.
The Chair must act as the “leader” and take responsibility for the group’s efficient and
meaningful operation. The Chair must ensure that roles are clearly spelled out,
meetings are efficiently conducted and necessary information is readily available, which
helps create a good working environment.
The Chair should manage the meeting to ensure that:
• A few members do not monopolize discussion or questions;
• Appropriate time is taken for presentation and discussion;
• Dialogue and interactions are maintained in a courteous and professional
Manner;
• Minutes of each Board and Commission meeting are taken and
maintained by the Staff Liaison;
• Staff is treated with respect by members at all times;
• Discussion is limited to those items on the agenda, provided, however,
that the Chair/President or Staff Liaison may place any item not posted on
a future agenda for discussion;
• All commission and board meetings are to be taped.
The Chair/President must ensure that effective communication exists between board
and/or commission, Council, Staff and the public. This requires frequent interaction with
the staff assigned to support the board and/or commission. The Chair is responsible for
ensuring that that the Staff Liaison is efficient in providing requested technical
assistance and information to members. This includes helping to develop appropriate
rules and procedures for the group in order to complete its duties. It also requires
preparation of proper meeting notices and agendas, gathering and relaying pertinent
information in a timely fashion to members and providing support at meetings. If the
Staff Liaison is not effectively operating in this manner, the Chair should first discuss the
issue with the appropriate Department Manager. If satisfactory results are not achieved,
the Chair should next contact the Town Manager.
It is the responsibility of the Chair to be mindful of the attendance, actions and activities
of individual members, as well as to discuss with these members any deviations from
the rules. The Chair or designated representative of the committee is responsible for
making an oral monthly report to the Town Council regarding the activities of his/her
group.
The Chair is responsible for communicating to the Staff Liaison any requests to be
placed on the Town Council agenda for consideration. The Staff Liaison will submit an
agenda request for the Town Council after being directed to do so by the Chair.
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The Chair, Council Liaison and Staff Liaison will define the scope, objectives and criteria
for completion of any project to be undertaken by the group. This should be done prior
to the initiation of the project.
The Chair oversees any required financing of special events planned by the group. Any
group that schedules special events requiring funding must prepare a budget, submit it
to the Director of Finance and complete a recap summary of the actual expenditures. It
is the responsibility of the Chair to ensure that this is done. A budget estimate must be
included as part of the Town annual budget. The recap must be submitted no more than
30 days after the event. When donations for special events are requested from
sponsors, it must be made clear to the sponsor that the donation is being requested on
the committees/events behalf.
The Chair must regulate any communication between members of the Board and/or
Commission and vendors to ensure members of the group in no way obligate the Town
to the expenditure of funds.
Responsibilities of the Staff Liaison
A member of the Town staff will be assigned to each commission, board or committee.
The staff member does not assume the responsibility or task of the group. Rather, the
staff member provides information that group members need to perform their
obligations. The staff member also serves as a communication link between members
of the group and the Town staff.
The Staff Liaison helps promote coordination and understanding by collecting the ideas
and goals of members.
The Staff Liaison may also:
• Assist the Chair in the formulation of the agenda and ensure that
presentations to the members are timely and adequate;
• Prepare agenda requests for Council meetings;
• Assist members in planning and preparing presentations;
• Assist members in understanding community issues and how those issues
may vary from neighborhood to neighborhood;
• Provide clerical support as needed;
• Develop agenda, take minutes and maintain minutes for public record; and
• Must ensure that all meeting needs, including location, are properly
reserved and provided.
CITIZEN ADVISORY GROUPS
Each Citizen Advisory Group has a specific purpose as explained by the group’s
mission statement, and members work on a variety of projects and make
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recommendations to the Town Council regarding their group’s specific area through
their Staff Administrator.
Members of most Citizen Advisory Groups serve one-year terms. The only exceptions
are members of the Utility Franchise Committee and the Ways and Means Committee,
who serve two-year terms.
Consistent with Resolution 2003-43, which passed on November 17, 2003:
• Citizens Advisory Group System will be utilized for those groups identified
in the organizational chart attached hereto and incorporated herein as
Exhibit “A”, and all other commissions and boards shall continue to exist
and function under the current Board and Commission System; and
• Citizens Advisory Group System shall be structured in accordance with
Exhibit “A”, and shall be implemented and conducted in accordance with
an implementation plan developed by Staff and approved by Town
Council;
Advisory Group Implementation
• Current committee members move to the newly established Advisory
Groups
• Attrition will be used to reduce the committees to the recommended 5
members
• Staff Administrators with guidance of their Citizen Advisory Groups will
determine their regular meeting schedule with at least two publicly
scheduled meetings a year. Other meetings may be held by phone, e-
mail, or in person as needed
• Application process will remain the same with inquiries on vacancies going
directly to the Town Secretary for distribution to the appropriate Staff
Administrator for the interview and selection process.
• Additional criteria will be added to the performance reviews of Staff
Administrators to ensure the effective utilization of the Citizen Advisory
Groups.
• Staff Administrators in conjunction with the Citizen Advisory Group will
give biannual reports to the Council on the status of operations and
programs of the Citizen Advisory Groups.
After the first year, all the Citizen Advisory Group participants will be asked to complete
a survey that evaluates the system including areas such as effectiveness of
communication, accomplishments of the groups and weaknesses of the system. This
information will be used to determine what if any changes need to be made to make the
system more effective.
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Member Responsibilities
• Review, discuss, analyze and recommend Items to the Staff Administrator
for Town Council consideration
• Request Item(s) to be added to the group meeting agenda
• May be requested to participate in special assignments and projects
• May be requested to assist other Citizens Advisory Groups
• Participates in presentations at workshops, Town Council and Town Hall
meetings
• Member may be appointed Acting Chairperson in the absence of the Staff
Administrator
Staff Administrator Responsibilities
• Establishes a Citizens Advisory Group not to exceed five (5) core
members
• Interviews, selects and replaces individuals for the Citizens Advisory
Group
• Responsible for planning, scheduling and conducting meetings on a
consistent basis
• Prepares Citizens Advisory Group meeting agenda
• Staff Administrators will be responsible for publicizing Citizen Advisory
Group vacancies via the website, listserve, marquees and newsletter
• Provides appropriate orientation for Advisory Group members
• Presents items to the Town Council for action
• Town Council reviews, discusses and votes to approve or disapprove
recommended items
• Communicates Citizens Advisory Group activities to the community
• Schedules, conducts and participates in semi-annual Town Hall meetings
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Town of Trophy Club Code of Ethics and Conduct
For Town Elected and Appointed Officials
Statement of Purpose
The Citizens and the businesses of the Town of Trophy Club are entitled to have fair,
ethical and accountable local government which earns the public’s full confidence for
integrity. The strong desire of the Town to fulfill this expectation therefore requires that
the Town officials, both elected and appointed:
• Comply with both the letter and sprit of the laws and policies affecting
the operations of government;
• Be independent, impartial and fair in their judgment and actions; and
• Use their respective office or position for the public good, not for the
personal gain.
To this end, the Town Council has adopted this Code of Ethics and Conduct for Town
officials in order to assure public confidence in the integrity of local government and its
effective and fair operation.
Definitions
The following words, terms and phrases, when used in this section, shall have the
following meanings subscribed to them:
Business. A corporation, partnership, sole proprietorship, firm, holding company, joint
stock company, receivership, trust or any other for profit or non-profit entity.
Town Council. The legislative and governing body of the Town consisting of the Mayor
and Council members.
Town Official. Any member of the Town Council and any appointed member of a Town
board, commission, committee or citizens advisory group set up by ordinance,
resolution, charter, state law or otherwise, on a temporary or permanent basis.
Employee. Any person employed by the Town, including those individuals on a part-
time basis, including independent contractors hired by the Town for repetitive
performance of services, but not independent contractors engaged for occasional
services.
Nepotism
Nepotism is showing favoritism toward a relative. The practice of hiring personnel or
awarding contracts which favor a relative is prohibited by the Town.
Exclusions to this prohibition are:
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a. Employees who have been continuously employed by the Town for more
than two years prior to the election or appointment of the official.
b. Individuals who are employees of the Town as of the effective date of this
policy.
1. Act in the Public Interest
Recognizing that stewardship of the public interest must be their primary concern, Town
officials shall work for the common good of the people of the Town of Trophy Club and
not for any private or personal interest, and they shall assure fair and equal treatment of
all persons, claims and transactions coming before the Town Council, boards,
commissions, committees and advisory groups.
2. Comply with the Law
Town officials shall comply with the laws of the nation, the State of Texas, and the Town
of Trophy Club in the performance of their public duties. These laws include, but are not
limited to: the United States and Texas Constitutions; laws pertaining to conflicts of
interest, election campaigns, financial disclosures, employer responsibilities, and open
processes of government; and Town ordinances, resolutions and policies.
3. Conduct of Town Officials
As a member of the Town of Trophy Club Town Council or of a Town of Trophy
Club town board, commission or committee, I agree to uphold the Code of Ethics
and Conduct myself by the following model of behavior.
I will:
• Recognize the worth of individual Town officials and appreciate
their individual talents, perspectives and contributions;
• Help create an atmosphere of respect and civility where individual
Town officials, Town staff and the public are free to express their
ideas and work to their full potential;
• Conduct my personal and public affairs with honesty, integrity,
fairness and respect for others;
• Respect the dignity and privacy of individuals and organizations;
• Keep the common good as my highest purpose and focus on
achieving constructive solutions for public benefit;
• Avoid and discourage conduct which is divisive or harmful to the
best interests of the Town of Trophy Club;
• I will keep my comments germane to the issues before the
Council.
• Treat all people with whom I come in contact in a manner I wish to
be treated;
• Before I speak or act I will ask myself the following questions:
150
1. Is it the truth?
2. Is it fair to all concerned?
3. Will it build goodwill and better relationships?
4. Will it be beneficial to all concerned?
4. Respect for Process
Town officials shall perform their duties in accordance with the processes and rules of
order established by the Town Council and boards, commissions, committees and
citizen advisory groups governing the public deliberation of public policy issues,
meaningful involvement of the public, and implementation of policy decisions of the
Town Council by Town staff.
5. Conduct of Public Meetings
Town officials have an obligation to attend meetings and to be prepared for public
issues; to listen courteously and attentively to all public discussions before the body;
and to focus on the business at hand. They shall refrain from interrupting other
speakers, making personal comments not germane to the business of the body, or
otherwise interfering with the orderly conduct of meetings.
6. Decisions Base on Merit
It is expected and required that Town officials review material, participate in discussion
and base their decision on the merits and substance of the matter at hand.
7. Communication
Prior to permitting final action on a matter under consideration, Town officials shall
publicly share substantive information, which they may have received from sources
outside the public decision-making process, that is relevant to such action by the
Council, boards, commissions, committees or citizens advisory groups.
8. Conflicts of Interest and Disclosure
Town officials shall familiarize themselves with and abide by the following conflicts of
interest and disclosure statutes and principles:
a. Chapter 171 of the Local Government Code which requires a member of
the governing body or another office, whether elected, appointed, paid or
unpaid, of any municipality to file an affidavit disclosing a substantial
interest in a business entity or property that would be beneficially affected
by a decision of the governing body or of any other board or commission
upon which the member serves and thereafter to abstain from participation
in discussion and voting on the matter. Once the disclosure is made the
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Town official is to remove himself from the meeting area to ensure his
presence does not hinder the discussion of the item or influence the vote.
b. Section 176 of the Local Government Code which requires Town Council
members and the Town Manager to file a conflicts disclosure statement
disclosing any business relationship with a person or business doing
business with the Town or being considered by the Town for a business
relationship.
c. Section 176.003(a)(2)(B) of the Local Government Code which requires
the disclosure of gifts of an aggregate value of more than $250.00 in the
twelve (12) month period preceding the date that a local government
officer becomes aware of a transaction described in Section 176, other
than gifts of food, lodging, transportation, or entertainment accepted as a
guest.
d. Sections 553.001-553.003 of the Government Code which requires the
filing of an affidavit before the date the Town will acquire a property in
which public servants have a legal or equitable interest.
e. In order to assure their independence and impartiality on behalf of the
public good, Town officials are prohibited from using their positions to
influence government decisions in which they have a personal interest.
9. Corruption
Town officials shall familiarize themselves with and abide by the Texas Penal Code
mandates concerning corruption, including without limitation, Section 36.02 prohibiting
receipt of prohibited gifts, Section 39.02 concerning abuse of official capacity and
Section 39.06(a) concerning misuse of official information and all other applicable state
laws regulating or related to public service.
10. Political Advocacy
Town officials shall not utilize the Town’s name or logo for purposes of endorsing any
political candidate or business.
11. Confidential Information
Town officials shall respect the confidentiality of information concerning Town property,
personnel or proceedings of the Town. They shall neither disclose confidential
information without proper legal authorization, nor use such information to advance their
personal interests.
12. Use of Public Resources
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Town officials shall not use public resources generally unavailable to the public, such as
Town staff time, equipment, supplies or facilities, for private gain or personal purposes.
13. Representation of Private Interests
In keeping with their role as stewards of the public interest, Town officials shall not
appear on behalf of private interests of third parties before the Council or any board,
commission, committee, or proceeding of the Town.
14. Advocacy
Town officials shall represent the official policies or positions of the Town Council,
board, commission, committee or advisory group to the best of their ability when
designated as delegates for this purpose. When presenting their individual opinions and
positions, Town officials shall explicitly state that they do not represent their body or the
Town of Trophy Club, nor will they allow the inference that they do.
15. Policy Role of Town Officials
Town officials shall respect and adhere to the Town of Trophy Club governmental
structure as outlined in the Town’s charter, policies and procedures. In this structure,
the Town Council determines the policies of the Town with the advice, information and
analysis provided by the public, boards, commissions, committees, advisory groups and
Town staff. Except as provided by Town ordinance, Town officials therefore shall not
interfere with the administrative functions of the Town or the professional duties of the
Town staff; nor shall they impair the ability of Staff to implement Council policy
decisions.
16. Independence of Boards, Commissions, and Committees
Because of the value of the independent advice of boards, commissions, committees
and advisory groups to the public decision-making process, Town officials shall refrain
from using their position to influence unduly the deliberations or outcomes of board,
commission, committee, and advisory group proceedings.
17. Positive Work place Environment
Town officials shall support the maintenance of a positive and constructive work place
environment for Town employees and for citizens and businesses dealing with the
Town. Town officials shall recognize their special role in dealing with Town employees
and refrain from creating the perception of inappropriate direction to Staff.
18. Implementation
As an expression of the standards of conduct for the Town officials expected by the
Town, the Trophy Club Code of Ethics and Conduct is intended to be self-enforcing. It
153
therefore becomes most effective when Town officials are thoroughly familiar with it and
embrace its provisions. Ethical standards shall be included in the regular orientations for
candidates for Town Council, applicants to boards, commissions, committees, and
advisory groups, and newly elected and appointed Town officials. Town officials
entering office, including those appointed to boards, commissions, committees and
advisory groups shall sign a statement affirming they have read and understood the
Town of Trophy Club Code of Ethics and Conduct and agree to be bound by its terms.
In addition, the Code of Ethics and Conduct shall be reviewed periodically by the Town
Council, boards, commissions, committees, and advisory groups, and the Town Council
shall consider recommendations from boards, commissions, committees, advisory
groups, employees, and citizens for revision as it becomes necessary.
19. Compliance and Enforcement
The Town of Trophy Club Code of Ethics and Conduct expresses standards of ethical
conduct expected for Town officials of the Town of Trophy Club Town Council, boards,
commissions, committees and advisory groups. Town officials themselves have the
primary responsibility to assure that ethical standards are understood and met, and that
the public can continue to have full confidence in the integrity of government. The chairs
of boards, commissions and committees and the Mayor have the additional
responsibility to intervene when Town officials’ actions appear to be in violation of the
Code of Ethics and Conduct and are brought to their attention. The Town Council may
impose sanctions, such as reprimand, formal censure or loss of appointment, on Town
officials whose conduct does not comply with the Town’s ethical standards. The Town
Council also may act to remove members of boards, commissions and committees from
office in accordance with the procedures and subject to the limitations set forth in
Section 20 if this policy. The Town Council finds and determines that the ethics and
standards of conduct contained in this Handbook are necessary and appropriate in
order to serve the legitimate goal of orderly governance, integrity and public confidence
in government.
20. Procedure for Enforcement
Upon good faith belief that a Town official has violated any term or provision of this
Handbook for Elected and Appointed Officials, a party having such good faith belief that
a violation has occurred and wishing to initiate a formal review of the alleged violation
shall file a written complaint with the Town Secretary. The written complaint shall
contain 1) the name of the complaining party (hereinafter “Complainant”); 2) the name
of the party against whom the complaint is being filed (hereinafter “Respondent”); 3) the
specific sections of this Handbook allegedly violated; 4) Specific dates, approximate
time of day, locations and other facts evidencing the alleged violations; and 5) any
documentation evidencing that a violation of the Handbook occurred.
Upon receipt of a written complaint meeting all of the requirements set forth in the
preceding paragraph, the Town Secretary shall place the complaint on the next
available regular Council meeting agenda for which posting requirements may legally
154
and procedurally be met. Alternatively, if the complaint does not meet all of the
requirements set forth in the preceding paragraph, the Town Secretary shall notify the
Complainant in writing of the nature of the deficiency and no further action by the Town
Secretary or Council shall be necessary, until such time the Town Secretary can
determine that the complaint meets the requirements of this section. Once placed upon
the Council agenda, the scope of the Council review shall be limited to a determination
of whether the complaint on its face presents a violation of this Handbook for which
sanctions, such as reprimand, formal censure, or loss of appointment would be
appropriate in order to serve the legitimate goal of orderly governance, integrity, and
public confidence in government. Upon a majority vote of Council that the complaint
merits further review and investigation, an item shall be placed on the next available
regular Council meeting agenda for which posting requirements may be legally and
procedurally met. Additionally, upon majority vote, the Town Council may specify any
and all individual items of grievance from the Complaint that merit such review and
investigation and that will be considered by the Council at a subsequent hearing on the
matter. At least seven (7) days prior to the hearing date, the Town Secretary shall notify
the Respondent in writing of the date, time and place at which the Council will conduct a
hearing on the merits of the alleged complaint, and if Council has by majority vote
specified individual items for review and investigation at the hearing, such notice shall
advise the Respondent of the scope of the hearing. Alternatively, if upon review of the
complaint on its face a majority vote of Council determines that further review and
investigation is not warranted, then the Complainant shall be notified in writing of such
vote, the written complaint shall be returned to the Complainant, and no further action
shall be required by the Town Secretary or Town Council.
At the subsequent Council hearing, the Complainant and Respondent may present
testimonial and or documentary evidence regarding the allegations contained within the
Complaint. If Council determines that substantial evidence has been presented to
support the allegation that a violation of the Handbook has occurred and that the
violation is detrimental to orderly governance, integrity, and public confidence in the
Town government, then Council may by majority vote impose sanctions, such as
reprimand, formal censure, or loss of appointment, as determined appropriate to serve
the legitimate goals of this policy.
All procedural rules of the Council shall apply to proceedings conducted pursuant to this
Section. The complaint procedure specified in this Section shall only be applicable to
those Town officials who are appointed and for the conduct of such official that occurs
during the official’s term of office on a Town board, commission, committee or advisory
group. Notwithstanding the foregoing, this Section shall not apply to officials who are
appointed to fill vacancies on the Town Council or to Town Council members.
Sanctioning of elected officials shall only be allowed in accordance with Town Charter
and state law.
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STATEMENT OF COMMITMENT
As a member of the Town of Trophy Club Town Council or of a Town of Trophy Club
town board, commission or committee, I agree to uphold the Code of Ethics. and
Conduct myself by the following model of behavior.
I will:
• Recognize the worth of individual Town officials and appreciate their
individual talents, perspectives and contributions;
• Help create an atmosphere of respect and civility where individual Town
officials, Town staff and the public are free to express their ideas and work
to their full potential;
• Conduct my personal and public affairs with honesty, integrity, fairness
and respect for others;
• Respect the dignity and privacy of individuals and organizations;
• Keep the common good as my highest purpose and focus on achieving
constructive solutions for public benefit;
• Avoid and discourage conduct which is divisive or harmful to the best
interests of the Town of Trophy Club;
• Treat all people with whom I come in contact in a manner I wish to be
treated;
• Before I speak or act I will ask myself the following questions:
1. Is it the truth?
2. Is it fair to all concerned?
3. Will it build goodwill and better relationships?
4. Will it be beneficial to all concerned?
I affirm that I have read and that I understand, accept and support the Town of Trophy
Club Code of Ethics and Conduct.
_____________________________________________
Elected or Appointed Official Printed Name
_____________________________________________
Position
_________________________________ _______________
Signature Date
156
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2007
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS, AMENDING RESOLUTION NO. 2006-29 ADOPTING A
BOARD, COMMISSION, COMMITTEE AND CITIZEN ADVISORY GROUP
HANDBOOK BY AMENDING SECTION 3, CONDUCT OF TOWN OFFICIALS,
REMOVING SECTIONS 19, COMPLIANCE AND ENFORCEMENT AND
REMOVING SECTION 20, PROCEDURES FOR ENFORCEMENT, AND
PROVIDING RULES AND PROCEDURES FOR THOSE GROUPS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town benefits by having its citizens involved in local government
through service on Town Boards, Commissions and Citizen Advisory Groups and has
established several boards, commissions and citizen advisory groups that perform
various functions for the Town; and
WHEREAS, on December 18, 2007, the Town Council approved Resolution No.
2006-29 which adopted the “Handbook for Elected and Appointed Officials” regulating
the conduct of Volunteers assisting with Special Event functions, Citizens Advisory
Groups, Committees, Commissions and Boards.
; and
WHEREAS, the guidelines established in the “Municipality of Trophy Club
Handbook for Elected and Appointed Officials” (hereinafter “Handbook”) are in addition
to those requirements imposed by the Texas Open Meetings Act and other applicable
state law; and
WHEREAS, since enacting Resolution No. 2006-29, the Town Council has
modified the Ethics and Conduct section of the Handbook.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That it is in the best interest of the Town of Trophy Club, Texas, to
amend the specified sections of the Handbook.
Section 2. That the Town of Trophy Club, Texas, authorizes the amendments
of Resolution No. 2006-29 to the “Municipality of Trophy Club Handbook for Elected and
Appointed Officials” and that a true and correct copy of the Handbook is attached hereto
and incorporated herein as Exhibit “A”.
Section 3. That this resolution shall become effective October 1, 2007.
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PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 10th day of September, 2007.
________________________________
Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
___________________________________
Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
____________________________________
Town Attorney
Town of Trophy Club, Texas
158
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-10-2007
Subject: Agenda Item No.D.11
Discuss and take appropriate action regarding future use, funding options,
operation of and repairs to Beck Park
A. Discuss and take appropriation action relative to a submittal from
EDC4A requesting the distribution of EDC4A funds for the reconstruction
of Beck Field #4 and/or the use of parkland funds for Beck Park.
EXPLANATION:
Item “A”:
The application for EDC4A funds was signed by staff but was actually submitted by
Trophy Club Roanoke Youth Baseball Association. The funds requested would be used
for reconstruction of Beck Field #4. EDC4A will consider this request at its September
6, 2007 meeting. Since that meeting will occur after the deadline for the Council
agenda, an update on EDC’s action will be provided via email by the staff liaison.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. EDC4A Submittal
159
160
161
162
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-10-2007
Subject: Agenda Item No.D.12
Discuss and take appropriate action relative to August 27, 2007 request by
Greg Lamont to reopen ethics complaint previously filed.
EXPLANATION:
This request was received via email on August 27, 2007.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Request from Greg Lamont
163
From: Gregory Lamont [mailto:glamont@charter.net]
Sent: Monday, August 27, 2007 12:27 PM
To: Nick Sanders; Brandon Emmons; Patricia Adams
Subject: Ethics Violation notice
Dear Mr. Mayor:
At the May 21st Council meeting the Council voted to indefinitely postpone the ethics
charge that I made against Bob Radder.
In light of Mr. Radder's August 20th outbursts and additional information regarding the
original charge I would ask that you reopen my complaint.
(1) Additional Charge from May 7th citizens presentation:
Mr. Radder claimed that I was rude to a neighbor and asked her to remove a Wilson
sign.
(A)
The residents in question Mrs. Pulido never spoke to Mr. Radder and stated that she
never met Mr. Radder.
(B)
For the Record, I did not speak to Mrs. Pulido as Mr. Radder had stated, I spoke to her
husband about my candidacy.
(C)
Mrs. Pulido categorically denies ever making any statement that would suggest that I
tried to have them
remove a sign or that I was rude to anyone.
(D)
Mrs. Pulido stated that the conversation I had with her husband was pleasant, friendly
and that her husband asked me to place one of my signs in his front yard. I stated that
having a sign on the next door property and that our block was a cul a sac it was not
necessary.
(D)
When Mrs. Pulido was informed of Mr. Radder's remarks she was visually upset and
repeated several times to me that she could not understand how this happened. She did
not want her neighbors to be upset with her family and said that she would never get
involved in the political process again.
This is just another example of how Mr. Radder injuries residents in his hatred of those
who may disagree with the candidates that he supports and why he should not hold any
Trophy Club position and should be removed from his two positions and give an
apology to Mr. and Mrs. Pudilo.
---------------------------------------------------
(2) August 20th Council Meeting:
164
(A)
Once again Mr. Radder as a Town Official insulted a Private Citizen at a public meeting
Mr. Radder stated that I had no Ethical Morals.
(B)
Mr. Radder read a letter from me (see Below) and claimed that I insulted his family,
once again Mr. Radder has lied,
The letter has no such language as to insulting any member of his family.
My comment was directed to him about bringing family members to hear his lies and
hateful speech against me.
For the record I deleted a paragraph in the letter that was unrelated to Mr. Radder and
had to do with The Lakes HOA.
Greg Lamont
15 Avalon Drive
Trophy Club, Texas 76262
***************************************
Dear Mr. Mcguire
Your Buddy Bob Radder came before the Town Council on cable television on May 7th
and said how upset you were at me and how nasty I was to you in the conversation
that we had during the election.
While I do not recall that I was nasty and insulting to you and that it would so upset you
that you needed someone else to go to the Council on your behalf. Never the less let
me apologize to you.
Mr. Radder made his remark about you and other lies and insults during an 7 1/2 minute
Citizens Presentation (also known as Coward's Presentation) in which under Texas law
a Council Member can not respond or ask questions.
Mr. Radder's remarks and conduct was put on the next meetings agenda but Mr.
Radder failed to show to explain his remarks.
I think what bother most including myself is that he brought his grandchildren to listen to
him lie and insult someone in public.
----------------------
Greg Lamont
15 Avalon Drive
Glamont@charter.net
817-491-3330
165
IMPORTANT WARNING: This message is intended for the use of the person or entity to which it is addressed and may
contain information that is privileged and confidential, the disclosure of which is governed by applicable law. If the reader of
this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you
are hereby notified that any dissemination, distribution, or copying of this information is STRICTLY PROHIBITED.[v:102105]
166
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-10-2007
Subject: Agenda Item No.D.13
Discuss and receive input establishing guidelines for residential dumpsters
in order to amend Chapter 11, Public Works, Article I, of the Code of
Ordinances.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(bse)
Attachments: 1.Section 1.06, 1.07, 1.08 and 1.09 of Chapter 11, Public Works,
Article I, Refuse, Recyclable and Hazardous Waste Materials.
167
Section 1.06 Removal of Debris
Debris, as that term is defined herein, or other refuse resulting from construction, major remodeling,
general cleanup of property, or resulting from sizeable amounts of debris and other refuse and debris and
being cleared in preparation for construction will not be removed by the Town as regular service. The
property owner shall have such debris and other refuse removed at his/her expense. A property owner
may request a pick-up from the Town’s approved franchise vendor for the removal of debris. A fee for
such service may be assessed in accordance with the approved franchise vendor’s fee schedule in effect
at the time.
(Ord. No. 2002-12, § VII, 3-4-02)
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Section 1.07 Duties of Commercial, Institutional, Industrial and Residential
Customers
It shall be the duty of the owner or person otherwise in charge of commercial, institutional or industrial
premises within the Town of Trophy Club to cause all refuse accumulated on such premises to be placed
in a commercial container(s). Commercial containers must be placed at a location on the premises as
designated by the Town of Trophy Club and in compliance with all applicable Town Codes.
(Ord. No. 2002-12, § VIII, 3-4-02)
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Section 1.08 Commercial, Institutional and Industrial Collection
A. Frequency of Collection:
The collection and removal of refuse from houses, and other structures and premises used for
commercial, institutional, or industrial purposes shall be made not less than one (1) time each week.
Collection charges shall be assessed in accordance with the Town’s approved franchise vendor’s
fee schedule in effect at the time.
B. Commercial, institutional, and industrial customers shall dispose of refuse by means of commercial
containers meeting Town specification. Additionally, multi-family residential complexes may employ
said commercial containers for refuse collection in the same manner as commercial, institutional,
and industrial customers.
(Ord. No. 2002-12, § IX, 3-4-02)
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Section 1.09 Prohibited Acts
A. It shall be unlawful for any person to sweep, throw, or deposit any refuse, stagnant water, or carrion
into, upon, or along any public property or private property of another, except as may be specifically
provided by this Article.
B. It shall be unlawful for any person owning or otherwise in control of any premises within the Town of
Trophy Club to permit any of the conditions described in Section 1.09(A), hereof to exist upon
property owned or controlled by them after having actual or constructive notice thereof.
C. It shall be unlawful for any person to place in any container any material other than as specifically
provided in this Article; including but not limited to hazardous waste.
D. It shall be unlawful for any person to deposit or maintain refuse except as provided for by this Article.
E. It shall be unlawful for any person to deposit any ignited material in any container used for the
disposal of refuse.
F. It shall be unlawful for the dumping of any refuse including debris from construction, major
remodeling or general cleanup of property in any place within the Town of Trophy Club.
G. It shall be unlawful for any commercial institution or industrial customer to remove the drain plug
from any commercial container.
H. It shall be unlawful for any person to cause damage to or permit excessive buildup of material in
containers.
(Ord. No. 2002-12, § X, 3-4-02)
171
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-10-2007
Subject: Agenda Item No.D.14
Discuss and receive input regarding the appointment process occurring on
September 24th for Boards and Commissions.
EXPLANATION:
In the past Council has received nominations; one nomination per Council member with
Council voting on each nominee and also appointed members based on motions
appointing members to the Boards and/or Commissions.
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. None
172
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-10-2007
Subject: Agenda Item No.D.15
Discuss and take appropriate action to approve financials and variance
report dated July 2007.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. July Variance Report
173
174
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-10-2007
Subject: Agenda Item No.D.16
Discuss and take appropriate action to approve Minutes dated, April 16,
2007.
EXPLANATION:
Mayor Pro Tem Edstrom was absent from this meeting and this meeting occurred prior
to Council members Wilson and Moss being sworn in. All will need to abstain from
voting.
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Minutes dated April 16, 2007
175
MINUTES OF A REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, April 16, 2007
7:00 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, April 16,
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
Pam Cates Council Member
Philip Sterling Council Member
Gregory Lamont Council Member
TOWN COUNCIL MEMBERS ABSENT:
Susan Edstrom Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Sakura Moten-Dedrick Finance Director
Scott Kniffen Police Chief
Danny Thomas Fire Chief
A.1 Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a quorum was present.
A.2 Fire Chief Danny Thomas gave the Invocation.
A.3 Mayor Sanders led the Pledges.
A.4 Citizen presentations:
No Citizens addressed Council.
A.5 Discuss and take appropriate action regarding a Proclamation declaring May 3rd, 2007 as Day of
Prayer in Trophy Club.
Mayor Sanders read the Proclamation and recognized Irma Thomas. Ms. Thomas encouraged everyone
to attend on May 3, 2007 at noon at the clock tower.
Motion made by Williams, seconded by Lamont to approve the Proclamation.
Motion to approve passed unanimously without any discussion.
A.6 Discuss and take appropriate action regarding a Proclamation declaring May 6 - 12, 2007 as
National Nurses' Week Celebration.
Mayor Sanders read the proclamation and noted that the motion would need to be made as read.
Motion made by Lamont, seconded by Cates to approve the Proclamation as read.
176
Mayor Sanders noticed the date in the first Whereas clause needed to be changed. Both mover and
second agreed.
Mayor Sanders removed Items B.2 and B.3.
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 Williams, seconded by Council member Cates to approve the Consent Agenda, Items
B.1.
Motion passed unanimously without any discussion.
B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, February 19,
2007.
B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, March 5, 2007.
Mayor Sanders corrected a typo on page 30 of the packet. Debit should be debt under Item D.8 of the
March 5th Minutes.
Motion made by Cates, seconded by Lamont to approve with the corrections.
Motion passed unanimously without any discussion
B.3 Consent Agenda: Discuss and take appropriate action regarding a Resolution approving the
submission of the grant application for the School Resource Officer Program for Fiscal Year
2007-2008 and designating the Town Manager as the authorized official for the Town.
Mayor Sanders commented that Robin Ellis, Principal of Medlin School said SRO, Officer Mike Conklin is
an invaluable resource.
Motion made by Sterling, seconded by Cates to approve.
Motion passed unanimously without any discussion
End of Consent Agenda
TOWN COUNCIL CONVENED INTO PUBLIC HEARING
PUBLIC HEARING
C.1 Public Hearing: To consider the Highlands at Trophy Club Development and Public Improvement
District Petition.
Public Hearing Opened at 7:16 p.m.
No one addressed council.
C.2 Public Hearing: To consider an Ordinance amending Chapter13, Zoning, Article VII, Development
& Design Standards, Sections D, "Materials" and Section L, "Maintenance and Repair of Non-
Living Material”. (ADM-07-027)
No one addressed council.
Public Hearing Closed at 7:17 p.m.
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TOWN COUNCIL RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
D.1 Discuss and take appropriate action regarding an Ordinance amending Chapter13, Zoning,
Article VII, Development & Design Standards, Section D, "Materials" and Section L, "Maintenance
and Repair of Non-Living Material". (ADM-07-027)
Mayor Sanders said the Commission unanimously recommended approval of this amendment at the
February 1st, 2007 meeting.
Council member Cates feels the Ordinance should state that Homeland Security requires the MUDs to
have barb wire on top of their fence.
Motion made by Lamont, seconded by Williams to approve.
Mayor Pro Tem Williams confirmed the amendments would be retro active
Motion to amend by inserting horizontal or vertical before alignment under L.B.1, delete of height after
one foot (1’), and insert top before of the posts made by Sterling; Williams seconded.
Planning and Zoning Commissioner James Stephens said the Commission gave the definitions of
dilapidated a lot of thought in order to give Code Enforcement a leg to stand on.
Mayor Sanders questioned the 10-day notice. Town Manager Emmons explained as standard language
and also gives the residents a certain time to correct before a fine or abatement is filed.
Motion to amend passed unanimously.
Motion to amend L.B.3 by replacing approved with extended made by Lamont; Williams seconded.
Council member Lamont suggested extending the 10-day notice an additional ten days. Council member
Sterling agreed. Town Manager Emmons did not have any problems with giving Code Enforcement the
ability or authorization to extend as the final decision will be made at the Municipal Court level. Mayor
Pro Tem Williams asked if there was a procedure in place specifying the time frame for the Code
Enforcement Officer to make contact with an offender once a complaint has been submitted. Town
Manager Emmons said there is no written policy and contact is at the Code Enforcement Officer’s
discretion.
Council member Cates would like a definition for financial hardship. Council member Sterling questioned
if a financial hardship section is beneficial as it looks like two different problems; dilapidated fences and
harmful and unauthorized materials. Town Manager Emmons feels these issues can be dealt with when
they arise and hopes better judgment is used during the construction.
Motion to amend passed unanimously.
The Council requested Town Manger Emmons provide a semi annual report of fence violations and of
disposition.
Motion passed unanimously without further discussion.
D.2 Discuss and take appropriate action relative to a request for Meritorious Exception to Article IV,
"Sign Regulations", Section 4.06, "Commercial and Institutional Signs" of Chapter 5, "General
Land Use", for one additional Development Sign for Turnberry at Trophy Club subdivision, to be
located at Lot 6, Block A. Applicant: First Graphic Services, Inc.
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Mayor Sanders introduced applicant, Matt Johnson.
Planning and Zoning Vice Chairman, James Stephens presented per the Town’s sign code, only one (1)
development sign is permitted per project/premise. The development already has one sign located at Lot
58, Block B. The applicant, Standard Pacific Homes is requesting one additional sign to be located at Lot
6, Block A. Mayor Sanders added the Commission unanimously recommended approval of this request
at their April 5th, 2007 meeting.
Motion made by Cates, seconded by Williams to approve.
Motion passed unanimously without further discussion.
D.3 Discuss and take appropriate action regarding the Highlands at Trophy Club Development and
Public Improvement District Petition.
Town Manager Emmons commented that the original notice for the Public Hearing creating the PID was
published with a cap of $28 million for funding. Since that publication the numbers have escalated and
the Town was served with a second notice in the amount of $30 million. Mayor Sanders added that since
the number has fluctuated the intent of the petition is to set the upper limit tonight and then take action on
the final number at a later date. Town Attorney Adams and representatives from Hughes and Luce and
Centurion American agreed.
Mayor Pro Tem Williams asked if there were any other problems with the PID document other than the 30
million dollars. Town Manager Emmons said the Council could adopt the PID Petition tonight, knowing
that an amendment would be necessary in the advent that the Developer’s Agreement goes beyond the
$28 million. Town Attorney Adams said the only thing in question is the $30 million.
Robert Miklos from Hughes and Luce said he had no issue with the Resolution other than the number as
it is only a cap. Miklos said that the only issue for discussion is the amount of expense for bonding, be
sure to capture the figure correctly.
Council member Cates said the list of improvements and determination of the amounts are pretty generic.
However she has heard from residents that there are specific items that Council needs to be paying
attention to. Mayor Sanders answered that the specific items in the sense of the water tower, road issues
that are being addressed, unspecified site for a water well, the allowance for a swimming pool, the
potential for a water facility, improvements to the parks and a potential for a public building or recreation
center, with no specific plans. Town Manager Emmons replied the only true specifics that deal with the
infrastructures are in relation to roads, water, wastewater, the concrete quantities and construction for the
pipe. The specifics dealing with the quality of life, such as landscaping standards and public park
improvements have not been set.
Town Attorney Adams said the petition meets the statutory requirements.
Mayor Sanders asked why the 60 lots of the Village Center were not included in this document and if this
is the way the petition will be submitted. Robert Miklos confirmed the petition would be submitted like this
other than the dollar exception.
Motion to refer until the May 7, 2007 meeting made by Williams; seconded by Cates.
Motion passed unanimously without further discussion.
D.4 Discuss and take appropriate action regarding the Highlands at Trophy Club Development and
Public Improvement District Agreement.
Town Attorney Adams updated Council on the changes and said the only fluctuation is the bonding cost
which goes over $28 million, Exhibit C may change slightly. Adams stressed it was impetrative that all
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documents be consistent with each other and for this to be a precise document suggested the additional
owners be identified and added to the Agreement.
Mayor Sanders clarified the 3.5 million dollar estimate for the Connector Road in Section 4.4 does not
include the movement of earth to fill the gravel permit. Jim Wiegret explained the cost includes
excavation and fill for a portion of the road. Town Attorney Adams added the only change in numbers is
in Section 4 under the water tower and she does not anticipate any other changes.
Council member Lamont asked for clarification of Article 8, Section 7.2, page 12, Third, to reimburse
Owner for 50 percent of the costs of Acquisition Of Public Property specifically set forth on Exhibit B as
allowed by the PID Act. Town Attorney Adams said this was in the last draft and only the last phase was
removed at the end for offset.
Mayor Pro Tem Williams questioned the difference in the contingency lines under Exhibit B and the
project list. Town Manager Emmons explained Exhibit B is the project costs allocated to the PID, the
water tower based on the assessment company is 80% which is up from 60% and will be funded at a
higher rate and will be reflected in Section 4.3. Mayor Sanders asked if the NW Park Improvements
included the recreation center/ municipal building. Jim Weigret said the proposed concept plans, shows a
lump, not specifics which gives us flexibility. Mayor Sanders referred number 6 of the project list, NW
Parkland Acquisition and NE Parkland Acquisition, and said the parkland dedication calls for a dedication
not an acquisition. Town Attorney Adams verified it is allowable and suggested the Council look to see if
there are better qualified items to get us closer to the Ordinance language.
Mehrdad Moayedi explained some of the line items are not qualified under the PID so in an attempt to go
up all money is spent on Trophy Club improvements. Town Manager Emmons said Bond Counsel
recommended that land acquisition show up on items outside the scope, with the money to be spent on
Trophy Club improvements. Mayor Sanders added there is no money in the PID for the Trophy
Club/Marshall Creek/Roanoke road which was one of the requirements in early discussions regarding the
PID.
Mayor Sanders requested Robert Mikloes provide the contract by April 30th in order to include in the May
7th, 2007 Agenda.
Mayor Pro Tem Williams asked Council member Cates to expound on her previous comments regarding
a Council member’s financial incentives in relation to this development. Council member Cates did not
comment. Mayor Sanders has reviewed Cates’ comment and feels her statement was a reminder to
Council of their obligation to disclose any conflicts.
Mayor Pro Tem Williams referenced Exhibit C based on $30 million versus $28 million anticipate that
number will stay with the water tower being the only variable. Dan Almon from SW Securities said
considerations are being discussed about putting limitations on the assessments; this language would be
included in Section 7.1.
Mehrdad Moayedi confirmed the PID bonds are not a liability to the Town and he is signing the note.
Mayor Sanders requested Meryhad forward the residential strategies to Town Manager Emmons to
distribute accordingly.
Mayor Sanders requested representatives from Bank of America and Keenan Rice from Municap attend
the May 7, 2007 Council meeting and items for this meeting be limited.
No action taken.
D.5 Discuss and take appropriate action relative to the interlocal agreement between the Town and
the Trophy Club MUDs to provide wholesale water, wastewater treatment, and distribution,
collection, maintenance and billing services and options available to the Town for providing water
and wastewater services.
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Mayor said there are still a few points to be discussed and agreed with the committee which consists of
the Town Manager, MUD District Manager, two Council members and two Directors from each MUD.
Sanders acknowledged and appreciated Directors Dean Henry, Gary Cantrell and Jim Thomas who were
in attendance.
On April 12, 2007 Town Manager Emmons forwarded Town Council the contract reflecting most of the
changes discussed in the committee’s meeting. Emmons said the initial concept was to achieve a
commodity and service contract with water commodity under one and service under another. This
concept was compromised and altered with the Town purchasing the water at the same rates currently
charged to MUD1 and MUD2 residents which is in essence a true retail contract. Emmons said he has
some concern with this compromised contract and the lack of specificity and would have liked the
generalities addressed with firmer language; however, he believes this contract will work to service the
PID residents. Both Mayor Pro Tem William and Council member Lamont were present at the meetings
and involved in the discussions.
Mayor Sanders explained his interpretations of the agreements, from this meeting and the last Master
District meeting;
1. Expression by the Master District that the water rates charged to all residents (PID residents
included) would be equal.
2. Create a simplified agreement. Since the Master District currently provides the services (billing,
collections and operations) let them continue to do so by creating a Service Agreement between
the Town and Master District. Issues that arose from this concept is that the Town could only
sign a one year contract and the Master District wanted a longer contract and question about
what MUD entity the Town would contract with.
3. Create a separate agreement documenting the $3.8 million paid to the MUDs by the initial
payment of $540,000 from the PID funding and the fee paid by the builder when a permit is
pulled.
4. All expenses to any facility, especially those facilities relating to the PID, would be covered by
water rates as opposed to bonds.
Mayor Pro Tem Williams questioned what controls would be in place to determine how much water is
used by each entity. Town Manager Emmons said there is no way to prohibit the MUDs from using
the water, connected through the system all working no way to separate or control the portion of
water that goes to the Town.
MUD Director Dean Henry suggested Council consider inserting and access when needed after
construction or use of to the Whereas Clause, The Town guarantees the construction of a 500,000 gallon
elevated storage tank, at no cost to the MUDs. All maintenance for the storage tank will be paid through
the operations maintenance component through the water rates provided herein. Mayor Pro Tem
Williams does not have a problem with this added language. The idea is for the Master District to be the
operating arm and the Town will actually own this water tank. Mayor Sanders said this contracts that the
Town is going to build the tank, but not run the operations. Sanders and Council member Cates are not
sure this is needed.
Director Henry referenced page 5, Article 3.1.2, saying this implies the Town will take the title. Director
Gary Cantrell added the City of Fort Worth does take title to their water. Town Manager Emmons
questioned at what point the water is for the MUD customers and at what point it is for the PID. Director
Cantrell said the citizens of Trophy Club are also citizens of the MUDs and agrees with Director Henry’s
suggestion. A group worked through this plan with the developer in October 2006 and if everyone is
working together it has to work in a system.
Council member Cates asked how the addition of this language would change the agreement legally.
Town Attorney Patricia Adams said from public funding, which is levied by the Town, does not understand
what the technicalities of access mean. Town Manager Emmons said by adding this language could
have a negative impact on the PID, all will be part of the same system and the Town will not put any
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controls in place that will prevent the water going from a to b. Director Jim Thomas said the attorneys
should be negotiating the legal business not the Council and the MUDs.
Town Manager Emmons does not have an issue deleting title and said it is probably better if the Town
does not take ownership until after the water has passed through the pipes, sections 3.2 and 4.2.
Mayor Sanders referenced Section 4.2 and affluent water, the Town tried to get affluent water from the
MUDs, however the MUDs had an existing agreement with the Trophy Club Country Club which is up this
year and Section 4.3 basically states that the Town will have access to some of this water. Director
Cantrell suggested adding for internal or for Town limit use only. Town Manager Emmons asked about
adding language from Section 210 of the Water Code relating to repossessed water. Jim Thomas
suggested that at no additional cost be clarified. Emmons said the intent is for the Town not to be
charged an additional surcharge as it has already been paid for once.
Town Attorney Adams feels there are numerous provisions that still need to be tied down and would like
Council’s direction of intent to address with the MUDs attorneys.
No action taken.
Mayor Sanders called a five minute recess at 9:45 P.M.
D.6 Discuss and take appropriate action relative to an Ordinance repealing Chapter 3, Article XV of
the Code of Ordinances, entitled "Swimming Pools" and adopting a new Article XV of Chapter 3
regulating swimming pools within the Town.
Motion made by Lamont, seconded by Sterling to approve.
Town Manager Emmons clarified the new language is based on kiddy pools and the changes will allow
Code Enforcement to abate stagnant water in swimming pools designed to contain 24” or more of water.
This will prevent its application to kiddy pools, but enable the abatement of stagnant water in the larger
pools regardless of the depth of the water at the time of violation.
Council member Cates asked what standard this is based upon. Mayor Sanders and Mayor Pro Tem
Williams said the broadness is to provide flexibility.
Motion passed unanimously without further discussion.
D.7 Discuss and receive input regarding the impounding of uninsured vehicles and the adoption of
either an ordinance or policy for impounding uninsured vehicles from the streets of Trophy Club.
Chief Kniffen referred to his memo and said a number of agencies and cities were contacted for copies of
their policies and Ordinances. Kniffen’s opinion is a policy is more practical and is easier to change than
an Ordinance. The City of Rockwall’s policy is a good example and gives the officer a greater amount of
discretion.
Council member Lamont agrees that it should be a departmental policy. Town Attorney Adams
suggested a Resolution for a commitment to policy this issue. Mayor Sanders confirmed there would be
no revenue associated.
Council is in favor of something simple and asked Chief Kniffen to make a report in six months. Chief
Kniffen responded anytime a policy is put into place the value of its effectiveness develops over time.
Motion made by Sterling; seconded by Lamont directing the Town Manager and Town Attorney to draft a
Resolution similar to the City of Rockwall.
Motion passed unanimously without further discussion.
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D.8 Discuss and take appropriate action to approve financials and variance report dated March 2007.
Mayor Sanders noted no objections to pulling this item. Town Manager Emmons said staff would like to
provide the financials on Council’s second meeting each month.
No objections noted to the schedule change.
D.9 Items for Future Agenda.
Mayor Sanders commented staff is looking at grant possibilities for #6 and included a portion of sidewalks
to be funded in smaller segments rather than in the large projects into the budget. Sanders mentioned
and recognized that it is time to review the Town Attorney and Town Secretary and asked Council to
make comments on both performances.
D.10 Reports.
a) EDC 4A Staff Liaison, Adam Adams gave his report.
b) EDC 4B Liaison, Council member Sterling gave his report.
c) Town Manager Emmons gave his report.
TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION
EXECUTIVE SESSION
Town Council convened into Executive Session at 10:39 P.M.
E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (a) & (b)
"Consultation with Attorney", the Council will enter into executive session to discuss the following:
(A) Consultation with Town Attorney on a matter in which the duty of the Attorney to the
Governmental Body under the Disciplinary Rules of Professional Conduct of the State
Bar of Texas clearly conflict with the Open Meetings Act (551.071 (b)).
(1) Legal advice relative to The Highlands at Trophy Club Development and Public
Improvement District Agreement.
(2) Legal advice relative to the interlocal agreement between the Town and the Trophy Club
MUDs to provide wholesale water, wastewater treatment, and distribution, collection,
maintenance and billing services and options available to the Town for providing water
and wastewater services.
TOWN COUNCIL RECONVENED INTO REGULAR SESSION
*REGULAR SESSION
Town Council reconvened into Regular Session at 10:45 P.M.
E.2 Discuss and take appropriate action relative to Executive Session Item Number E1.
No Action taken.
F.1 Adjourn.
Motion made by Sterling, seconded by Williams to adjourn.
Meeting adjourned at 10:45 p.m.
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_________________________________________ ______________________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-10-2007
Subject: Agenda Item No.D.17
Discuss and take appropriate action to approve Minutes dated, May 7, 2007.
EXPLANATION:
Meeting occurred prior to Council members Wilson and Moss being sworn in. Both will
need to abstain from voting.
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Minutes dated May 7, 2007
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MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, May 7, 2007
7:00 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, May 7,
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
Pam Cates Council Member
Susan Edstrom Council Member
Philip Sterling Council Member
Gregory Lamont Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Sakura Moten-Dedrick Finance Director
Scott Kniffen Police Chief
Danny Thomas Fire Chief
Carolyn Huggins Planning Coordinator
Kirk Wilson Centurion Development Group
Jim Sabonis First Southwest Company
Robert Miklos Hughes and Luce
Lila Marsh Bond Counsel, Vinson & Elkins
Trip Davenport Bank of America
Keenan Rice MuniCap
Jim Wiegert Carter and Burgess
Greg Schaecher McCall, Parkhurst and Horton L.L.P.
Mehrdad Moayedi Centurion Development Group
A.1 Mayor Sanders called the Regular Session to order at 7:08 p.m. noting a quorum was present.
A.2 Reverend Barry Clingan with The Church at Trophy Lakes gave the Invocation.
A.3 Police Chief Kniffen led the Pledges.
Mayor Sanders introduced and welcomed the new Planning and Zoning Coordinator, Carolyn Huggins.
A.4 Discuss and take appropriate action regarding a Proclamation proclaiming May 13-19, 2007 as
National Police Week.
Mayor Sanders read the proclamation.
Motion made by Williams, seconded by Edstrom to approve.
Motion passed unanimously without further discussion.
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A.5 Tarrant County Commissioner Gary Fickes to address Council on transportation issues, and
Council discussion of same.
Commissioner Fickes was unable to attend due to illness, his presentation has tentatively been
rescheduled for the July 2, 2007 Town Council meeting.
Mayor Sanders read a statement regarding the freedoms of speech and said that he is deeply saddened
by the activities of political zeal and noted that the defacement of a political sign last week has prompted
him to speak out. Sanders requested that all candidates and supporters act only with the highest degree
of integrity and in a way that is fitting of the residents of the Town of Trophy Club.
A.6 Citizen presentations:
Janet Lamont, 15 Avalon Drive – Submitted a letter thanking the Police Department for acting so promptly
regarding the hate crime committed in the defacement of one of Council member Lamont’s signs.
Bob Radder, 1 Lee Court – Addressed Council regarding Council member Lamont’s campaign actions.
Rhonda Radder, 1 Lee Court – Deferred her time to Bob.
Jennifer Radder, 1 Lee Court - Deferred her time to Bob.
Council member Lamont asked permission to respond. Mayor Sanders advised that the rules and
procedures do not do not allow for him to comment or debate.
Mayor Pro Tem Williams understood that Council member Lamont could not respond, but feels Mr.
Radder’s comments were inappropriate and residents should not be allowed to attack Council members
personally during the Citizen Presentation.
TOWN COUNCIL CONVENED INTO PUBLIC HEARING
PUBLIC HEARING
B.1 Public Hearing: To consider the Petition for the Creation of a Public Improvement District within
the Town of Trophy Club for the Highlands at Trophy Club Residential Development.
Public Hearing Opened at 7:27 p.m.
Margi Cantrell, 1105 Sunset Drive – Encouraged the Council to consider if the PID approval would
unnecessarily overload the future residents and questioned if the Council is creating a separate class of
Trophy Club residents by approving the PID.
Gary Cantrell, 1105 Sunset Drive - Deferred his time to Margi.
Public Hearing Closed at 7:40 p.m.
TOWN COUNCIL RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
C.1 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.
Mayor Sanders announced staff’s recommendation to move this item to the next meeting, as they are
waiting on written approval for the right-of-way easement on the sanitary sewer line from the Corps of
Engineers.
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There were no objections from Council. Item moved to the May 21st, 2007 meeting.
C.2 Discuss and take appropriate action on a request for Preliminary Plat approval for Lots 1 and 2,
Block 1 and Lots 1 and 2, Block 2, NWISD High School No. 2, being 92.655 acres of land located
in the T. Calaway Survey, Abstract 272, the T. Kelly Survey, Abstract 704m and the J. Henry
Survey, Abstract 529. Applicant: MJ Thomas Engineering, LLC. (PP-07-015)
Mayor Sanders introduced Mickey Thomas from MJ Thomas Engineering, Stephan Elwood with Corgan
and Mehran Aghili, NISD Construction Manager.
Stephan Elwood presented aerial views of the High School layout.
Planning and Zoning Chairman Hill said the Commission recommended approval of this Preliminary Plat
by a vote of 5-1 at their April 19, 2007. Commissioner Sheridan voted in opposition and did not express a
reason.
Motion made by Cates, seconded by Edstrom to approve.
Council member Sterling requested Mr. Elwood explain the handouts. Elwood explained the site
analysis, schematic design, design development, elevation studies, perspectives, site plan, floor plans
and Academic wing. Elwood added that there will be around 40 class rooms with a student body of
approximately 2,400.
Mayor Sanders questioned the library as a joint use facility. Stephens explained the sidewalk with green
area on both sides would serve as the separate entrance into the library allowing for joint use.
On behalf of NISD, Mehran Aghili thanked the Council and said that NISD is glad to be part of this.
Motion passed unanimously without further discussion.
C.3 Discuss and take appropriate action regarding award/rejection of bid(s) for Paving and Drainage
Improvements for portions of Trophy Club, Greenleaf and Timberline Drives.
Town Manager Emmons said the bids came in lower than expected. The recommendation received by
Teague Nall and Perkins, was to award the bid to the low bidder, McMahon Contracting L.P. with the total
bid of $1,429,090.02.
Motion made by Edstrom, seconded by Williams to award the bid to McMahon Contracting L.P.
Mayor Sanders asked if Council is limited to awarding the bid to the lowest bidder. Town Manager
Emmons explained there are provisions to allow Council not to award to the lowest bidder; however the
provisions do not apply in this case.
Town Engineer, Tom Rutledge from Teague Nall and Perkins confirmed that the Town has used this firm
twice before. Rutledge said McMahon worked the first phase of the Indian Creek repairs and the Town’s
concern of the inadequate supervision that occurred was expressed to McMahon. McMahon said that
supervisor is no longer with their company.
Mayor Pro Tem Williams questioned when the new Street Superintendent was expected to be hired and
requested this employee be present when the concrete is poured. Town Manager Emmons intends to
make an offer tomorrow. Emmons added that the MUDs are aware of their responsibility to repair their
portion of the line in the amount of $166,744.75.
Motion passed unanimously without further discussion.
C.4 Discuss and take appropriate action regarding an Ordinance authorizing the issuance and sale of
Town of Trophy Club, Texas, Combination Tax and Revenue Certificate of Obligation, Series
2007, in the principal amount of $474,000; levying an annual ad valorem tax and providing for the
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additional security and payment of said Certificate of Obligation; awarding to purchaser; and
enacting other provisions relating to the subject.
Town Manager Emmons said this is a continuation of the Harmony Park project improvements and is the
finalization of the bonds.
Mayor Sanders announced that Greg Schaecher from McCall, Parkhurst and Horton L.L.P. was in
attendance.
Motion made by Edstrom, seconded by Cates to approve.
Mayor Pro Tem Williams expressed concern that this document does not reflect A- paper. Finance
Director, Sakura Moten-Dedrick explained that EDC already approved a Resolution for up to 6%.
Williams responded that the Certificates of Obligation have changed.
Motion to amend by inserting Whereas, EDC 4A has agreed to fund the CO’s; and made by Williams,
seconded by Cates.
Council member Edstrom thinks this sends a bad message that Council does not trust the Corporation.
Council member Cates feels it tightens up the legal aspect
.
Motion to amend passed 5:1; with Edstrom opposing.
Council member Cates pointed out the clerical error of the repeated Now therefore.
Main motion passed unanimously without further discussion.
C.5 Discuss and take appropriate action regarding the approval of an expenditure of EDC 4A funds
not to exceed sixty one thousand nine hundred and thirty four dollars and seventy nine cents
($61,934.79) for the replacement and repair of pool infrastructure and additional shade structure
and furniture amenities.
Town Manager Emmons explained the determination by two different consultants that the pool pumps at
the community pool are the wrong product for our system and need to be replaced prior to the beginning
of the season. The additional upgrades will reduce staff time and problems staff has consistently
experienced with the chemical operations of the pool. The shade structures are being requested as there
is a lack of coverage in this area for the residents that use the pool and are the number one complaint of
parents that monitor their children from outside the pool. Emmons added that EDC 4A has already
approved.
Motion made by Edstrom, seconded by Sterling to approve.
Council member Sterling is in favor of replacing the pumps and questioned if there is any recourse
against the original contractor for installing an incorrect pump. Town Manager Emmons explained that
the warranty has expired and suggested the Town send a letter asking for reimbursement, as litigation
would be too costly.
Council member Cates questioned the internal inspection and does not feel the Town can request
reimbursement for not providing adequate oversight.
Council member Lamont questioned if the Community Pool Evaluation as included on page 79 of the
packet is routine. Mayor Sanders and Council member Edstrom responded that this is the first time they
have seen this.
Mayor Pro Tem Williams requested the Parks Director report back all deficiencies at the pool.
Motion passed unanimously without further discussion.
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C.6 Discuss and take appropriate action regarding the Petition for the Creation of a Public
Improvement District within the Town of Trophy Club for the Highlands at Trophy Club Residential
Development and a Resolution authorizing the creation of the District.
Motion made by Edstrom, seconded by Williams to approve.
Council member Sterling questioned why the agreement differed from the verbal commitment of 150 tap
fees per year. Mayor Sanders referred Council to the revised copy that reflects 150 tap fees per year.
The mover and second agreed to the correction.
Kirk Wilson, corrections should be under C.7. This item is for the creation of the PID. Mr. Wilson feels
that all requirements have been satisfied for approval of the petition and hopes to return on June 4th for
the approval of the service and assessment plan. Mr. Wilson said the cost of the total assessment is
determined by five lot categories. Trip Davenport of Bank of America commented that they have worked
with the developer and cautioned it is critical not to over burden the land issues as this is within the norm
and is very conservative.
Council discussed whether the PID fees are tax deductible. Kirk Wilson would not give a tax opinion.
Council member Sterling questioned if the developer has intentions of creating an HOA. Mehrdad
Moayedi said in order to enforce their deed restrictions, which are stricter than the Towns’, there will need
to be an HOA.
Jim Sabonis from First Southwest Company said the cap is the assessment plan put into place; this is the
actual per lot fees that are calculated and cannot be increased. Kirk Wilson added that even after Council
approval of the Agreement, they would still have the discretion to change the numbers when approving
the Service and Assessment Plan.
Mayor Pro Tem Williams confirmed that Council is only approving the $30 million cap tonight.
Mayor Sanders clarified that the developer could have taken all of this and simply raised the price of the
lots and then raised the prices over several years and in several pieces. This option allows municipalities
to sell bonds with favorable interest, which allows the Town to build projects that they did not have the tax
base to do so before and allows the Town to complete the building of the existing infrastructure. Sanders
confirmed that the amounts in the Exhibit are interchangeable and that only the formation of the PID is
before Council.
Mehrdad Moayedi ensured that they have been working diligently on the connector road. Council
preference for the maintenance of roads and the amenities is that the project be a Town project that all
residents pay for, rather than a particular HOA.
Margi Cantrell, 1105 Sunset Drive – Challenged Council if this is the right group to approve as the Council
could change over the weekend.
Motion passed unanimously without further discussion.
C.7 Discuss and take appropriate action regarding the Highlands at Trophy Club Development and
Public Improvement District Agreement.
Mayor Sanders confirmed the correction of changing 100 to 150 meter fees under Section 3.3 and
replacing the word ordinance with official action under Section 13.4.
Mehrdad Moayedi added another correction, as just agreed by the MUDs, that at the end of the five year
term the developer would pay 10%. Robert Miklos read the language to be inserted in Section 3.3; On or
after May 7, 2013, the Town shall calculate the total amount of master fees paid by the Owner. The Town
shall provide the Owner written notice of any amount paid less than $3,260,000 (the "Meter Fee
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Remainder"). The Meter Fee Remainder shall either be paid in thirty (30) days of notice, or a letter of
credit, or other financial security, as approved by the Town, shall be submitted to the Town, securing ten
percent (10%) annual rate of interest of the Meter Fee Remainder. Each May 7th thereafter, the Owner
shall provide a letter of credit or other financial security, approved by the Town, securing the ten percent
(10%) annual rate of interest of any remaining amount of meter fees paid less than $3,260,000, until the
full $3,260,000 is paid. Payments towards the Owner's Guarantee will be credited toward future meter
fee obligations and are not a penalty.
Town Manager Emmons commented this agreement is between the Town and Developer and if the
developer would like to offer this agreement to the Town as a pass through to the MUD, the Town would
then enter into contract with the MUD. Town Attorney, Patricia Adams agrees the Master District is not a
party to this agreement and the Council could address this as a pass through fee. MUD1 President,
Dean Henry thinks this is a legal question that should be deferred to the MUD attorney. Mayor Sanders
clarified that the MUDs are not part of this agreement and that there will be two other agreements
between the Town and MUDs. Sanders said the Council could not guarantee to the amount and to do so
would be inappropriate. Mehrdad Moayedi confirmed the money would pass through the Town to the
MUDs.
Motion made by Edstrom, seconded by Williams to approve with the corrections in Section 3.3 changing
100 to 150, section 13.4 to replace ordinance or resolution to official action and section 3.3 to include the
following: On or after May 7, 2013, the Town shall calculate the total amount of master fees paid by the
Owner. The Town shall provide the Owner written notice of any amount paid less than $3,260,000 (the
"Meter Fee Remainder"). The Meter Fee Remainder shall either be paid in thirty (30) days of notice, or a
letter of credit, or other financial security, as approved by the Town, shall be submitted to the Town,
securing ten percent (10%) annual rate of interest of the Meter Fee Remainder. Each May 7th thereafter,
the Owner shall provide a letter of credit or other financial security, approved by the Town, securing the
ten percent (10%) annual rate of interest of any remaining amount of meter fees paid less than
$3,260,000, until the full $3,260,000 is paid. Payments towards the Owner's Guarantee will be credited
toward future meter fee obligations and are not a penalty, and replace the Master District with the Town.
Council member Lamont would like to see the rate changed based upon square footage and lot sizes.
Keenan Rice from MuniCapp said the assessments would be targeted on the lots not the value of the
home.
Mayor Pro Tem Williams clarified the PID improvements at $23 million and the Council’s discretion to
change the levy in order for the developer to complete the projects within the $23 million budget. Kirk
Wilson responded that the developer is trying to set the amount.
Council member Edstrom fervently opposes a HOA. Mehrdad Moayedi explained the deed restrictions
will be more stringent than what the Town requires.
Council member Sterling questioned the 15-year repayment on the bond and the projected life span of
the streets and monuments. Mehrdad Moayedi advised the public streets and monuments become the
Town’s responsibility once put in.
Council member Lamont would like to insert allocated separately to the Shared Cost Water Tower Costs
in section 8.2.
Mayor Sander called a 6 minute recess.
Council member Cates expressed concern that the disclosure does not indicate that this is a PID. Kirk
Wilson assured the builders will require more information and disclosure than the Town could add to an
agreement. Cates questioned if the Town could legally limit the implementation of a HOA. Town
Attorney, Patricia Adams said the subdivision regulations would address this and did not want to
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comment without researching. Mehrdad Moayedi requested the attorneys meet and discuss the deed
concerns.
Mayor Pro Tem Williams amended his motion to include the revisions discussed in Sections 3.3 and 8.2;
the second agreed.
The amendment passed unanimously.
Council member Lamont verified that Mehrdad Moayedi had received no offers, incentives or financial
incentives.
Motion passed unanimously without further discussion.
C.8 Items for Future Agenda.
Mayor Sanders added the agreement for the US Mayors Climate Protection Agreement on Global
Warming, discussion about North West Commerce Community Development Survey and review of the
Sign Ordinance.
Council member Cates requested the Ordinance establishing the Town's Emergency Management
System be pushed up.
Council member Edstrom requested an item to appoint a new EDC 4A Liaison.
C.9 Reports. Town Manager's Report.
Town Council did not convene into Executive Session.
TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION
*EXECUTIVE SESSION
D.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (a) & (b)
"Consultation with Attorney", the Council will enter into executive session to discuss the following:
(A) Consultation with Town Attorney on a matter in which the duty of the Attorney to the
Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly conflict with the Open Meetings Act (551.071 (b)).
(1) Legal advice relative to The Highlands at Trophy Club Development and Public
Improvement District Agreement and Petition for Creation of the PID.
TOWN COUNCIL RECONVENED INTO REGULAR SESSION
*REGULAR SESSION
E.1 Discuss and take appropriate action relative to Executive Session Item Number D1.
F.1 Adjourn.
Motion made by Sterling, seconded by Edstrom to adjourn.
Meeting adjourned at 10:05 p.m.
__________________________________ _______________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
192
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-10-2007
Subject: Agenda Item No.D.18
Items for Future Agenda.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
List:
1. Review of the Property Maintenance Ordinance. Council member Cates
2. Discussion about storm water discharge from pools. Staff
3. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and
consideration of improvements for area to create a linear park. Mayor Sanders - Council
member Cates
4. Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an Ordinance
establishing the Town's Emergency Management System. Town Manager Emmons – Fire
Chief Thomas
5. Research grant possibilities regarding phase two street calming/sidewalks. Mayor Pro Tem
Edstrom
193
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-10-2007
Subject: Agenda Item No.D.19
Reports. There will be no action taken regarding any individual project
posted under this item and discussion will be limited. If extensive
discussion is required, the item may be placed on a future agenda.
(a) Town Manager's Report.
Attachments: 1. None
194
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-10-2007
Subject: Agenda Item No.E.1
Consultation with Town Attorney on a matter in which the duty of the
attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the
Open Meetings Act (§551.071 (2) ):
1. Legal advice relative to the proposed interlocal contracts with the
Trophy Club MUDs for operational services and for water supply and
wastewater treatment.
195
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-10-2007
Subject: Agenda Item No.E.2
Discuss and take appropriate action relative to Executive Session Item
Number E1.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: None
196
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-10-2007
Subject: Agenda Item No.F.1
Adjourn.