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Agenda Packet TC 09/24/2007 1 Town of Trophy Club Town Council Regular Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Monday, September 24, 2007 7:00 P.M. A.1 Call to order and announce a quorum. A.2 Invocation. A.3 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God and indivisible." A.4 Citizen presentations: this is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. A.5 Presentation by Council member Cates regarding America Supporting Americans and discussion of same. B.1 Consent Agenda: Discuss and take appropriate action to approve the variance report dated July 2007. C.1 Public Hearing: Staff and public comments relative to the Service and Assessment Plan for Authorized Services (Emergency Services) for the Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club), the Assessment Roll, Levy of Special Assessments against the Property in PID No. 1 and matters contained in the proposed Ordinance. D.1 Discuss and take appropriate action regarding an ordinance of the Town Council of the Town Of Trophy Club accepting and approving a Service and Assessment Plan for Authorized Services and Assessment Roll for the Town Of Trophy Club Public Improvement District No. 1 (The Highlands At Trophy Club); making a finding of special benefit to the property in the district; levying special assessments against property within the district; providing for payment of the assessments in accordance with Chapter 372, Texas Local Government Code, as amended; providing for the method of assessment and the payment of the assessment; providing penalties and interest on delinquent assessments, 2 providing for severability; providing for engrossment and enrollment; and providing an effective date. D.2 Discuss and take appropriate action regarding an Ordinance adopting and approving the Budget for the fiscal year beginning October 1, 2007, and ending September 30, 2008. D.3 Discuss and take appropriate action regarding an Ordinance fixing and levying Municipal Ad Valorem Taxes for the Town for the fiscal year beginning October 1, 2007, and ending September 30, 2008. D.4 Discuss and take appropriate action to ratify the property tax increase reflected in the previously approved Town Budget for the fiscal year beginning October 1, 2007, and ending September 30, 2008. D.5 Discuss and take appropriate action regarding a Resolution approving the tax roll of the Denton Central Appraisal District for 2007. D.6 Discuss and take appropriate action repealing Resolution 2006-24 and adopting a new Resolution appointing members to serve on EDC 4A, EDC 4B, Planning and Zoning Commission, Tree Board, Zoning Board of Adjustment and the Parks and Recreation Board. A. EDC 4A appointments B. EDC 4B appointments C. Planning and Zoning appointments D. Tree Board appointments E. Zoning Board of Adjustment appointments F. Parks and Recreation appointments D.7 Discuss and provide input regarding the following documents and matters related to the Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club) for infrastructure and related improvements: A. Service and Assessment Plan for authorized public improvements B. Discussion of Parkland Improvements for the PID and related Town parkland improvements. C. Acquisition, Funding, and Construction Agreement D. Indenture of Trust for the proposed bond issuance to finance public improvements. E. Preliminary Limited Offering Memorandum 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. 3 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 authorizing the Town Manager to initiate research for a consultant or consultants to analyze the Operation of the Town and Utility Districts as related to cost saving options and possible tax savings for MUD 2 residents if the Town were to dissolve MUD 2. D.11 Items for Future Agenda. D.12 Reports. There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. (a) Report from EDC 4B Liaison, Council member Sterling. (b) Town Manager's Report. E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071(2) "Consultation with Attorney", the Council will enter into closed executive session to consult with the 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: (1) Legal advice relative to the interlocal agreements 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. E.2 Discuss and take appropriate action relative to Executive Session Item Number E1. F.1 Adjourn. 4 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-24-2007 Subject: Agenda Item No.A.1 Call to order and announce a quorum. 5 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-24-2007 Subject: Agenda Item No.A.2 Invocation. 6 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-24-2007 Subject: Agenda Item No.A.3 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God and indivisible." 7 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-24-2007 Subject: Agenda Item No.A.4 Citizen presentations: this is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. 8 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-24-2007 Subject: Agenda Item No.A.5 Presentation by Council member Cates regarding America Supporting Americans and discussion of same. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 9 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-24-2007 Subject: Agenda Item No.B.1 Consent Agenda: Discuss and take appropriate action to approve the variance report dated July 2007. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. July Variance Report 10 11 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-24-2007 Subject: Agenda Item No.C.1 Public Hearing: Staff and public comments relative to the Service and Assessment Plan for Authorized Services (Emergency Services) for the Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club), the Assessment Roll, Levy of Special Assessments against the Property in PID No. 1 and matters contained in the proposed Ordinance. EXPLANATION: Council is scheduled to take action on 10/1/07. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None – Backup under Item D.1 12 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-24-2007 Subject: Agenda Item No.D.1 Discuss and take appropriate action regarding an ordinance of the Town Council of the Town Of Trophy Club accepting and approving a Service and Assessment Plan for Authorized Services and Assessment Roll for the Town Of Trophy Club Public Improvement District No. 1 (The Highlands At Trophy Club); making a finding of special benefit to the property in the district; levying special assessments against property within the district; providing for payment of the assessments in accordance with Chapter 372, Texas Local Government Code, as amended; providing for the method of assessment and the payment of the assessment; providing penalties and interest on delinquent assessments, providing for severability; providing for engrossment and enrollment; and providing an effective date. EXPLANATION: On Sep 10, 2007, the Town Council accepted the Draft Assessment Roll and ordered a Public Hearing. The Notice of Public Hearing was published on Sep 14, 2007. The following outlines the items that must be accomplished in order for the Denton County Tax Office to generate and mail all appropriate statements for authorized services (Emergency Services) within the Trophy Club PID No.1: 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. • 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. ACTION BY COUNCIL: Approve the fixing and levying of assessments for the fiscal year beginning October 1, 2007, and ending September 30, 2008. MINUTES MUST REFLECT THE VOTE OF EACH MEMBER. 13 (smd) Attachments: 1. Ordinance with Exhibits – Service and Assessment Plan and Assessment Roll 2. Denton County Certification of 2007 Appraisal Roll 14 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2007 - ___ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB ACCEPTING AND APPROVING A SERVICE AND ASSESSMENT PLAN FOR AUTHORIZED SERVICES AND ASSESSMENT ROLL FOR THE TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1; MAKING A FINDING OF SPECIAL BENEFIT TO THE PROPERTY IN THE DISTRICT; LEVYING SPECIAL ASSESSMENTS AGAINST PROPERTY WITHIN THE DISTRICT; PROVIDING FOR PAYMENT OF THE ASSESSMENTS IN ACCORDANCE WITH CHAPTER 372, TEXAS LOCAL GOVERNMENT CODE, AS AMENDED; PROVIDING FOR THE METHOD OF ASSESSMENT AND THE PAYMENT OF THE ASSESSMENT; PROVIDING PENALTIES AND INTEREST ON DELINQUENT ASSESSMENTS, PROVIDING FOR SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 16, 2007, a petition was submitted and filed with the Town Secretary of the Town (the “Town Secretary”) pursuant to the Public Improvement District Assessment Act, Chapter 372, Texas Local Government Code (the “PID 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 public improvements 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. 2007-08 adopted by a majority of the members of the Town Council, authorized the District in accordance with its finding as to the advisability of the public improvements 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 15 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, the Town Council, pursuant to Section 372.016(b) of the PID Act, published notice of a public hearing in a newspaper of general circulation in the Town to consider the proposed “Assessment Roll” and the “Service and Assessment Plan for Authorized Services” (the “Plan”) and the levy of the “Assessments” on property in the District; and WHEREAS, the Town Council, pursuant to Section 372.016(c) of the PID Act, mailed notice of the public hearing to consider the proposed Assessment Roll and the Plan and the levy of Assessments on property in the District to the last known address of the owners of the property liable for the Assessments; and WHEREAS, the Town Council convened the hearing at 7:00 p.m. on the 24th day of September, 2007, at which all persons who appeared, or requested to appear, in person or by their attorney, were given the opportunity to contend for or contest the Plan, the Assessment Roll, and each proposed assessment, and to offer testimony pertinent to any issue presented on the amount of the assessment, the allocation of costs of the Authorized Services, the purposes of the assessment, the special benefits of the assessment, and the penalties and interest on delinquent Assessments; and WHEREAS, the Town Council finds and determines that the Assessment Roll and the Plan should be approved and that the assessments should be levied as provided in the Plan and Assessment Roll; and WHEREAS, the Town Council further finds that there were no written objections or evidence submitted to the Town Secretary in opposition to the Plan, the allocation of Costs, the Assessment Roll, and the levy of assessments; and WHEREAS, the Town Council closed the hearing, and, after considering all written and documentary evidence presented at the hearing, including all written comments and statements filed with the Town, determined to proceed with the adoption of this Ordinance in conformity with the requirements of the PID Act. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. Terms. Terms not otherwise defined herein are defined in the Service and Assessment Plan for Authorized Services (the “Plan”) attached hereto and incorporated herein as Exhibit A. 16 Section 2. Findings. The findings and determinations set forth in the preambles are hereby incorporated by reference for all purposes. The Town Council hereby finds, determines, and ordains, as follows: (a) The apportionment of the costs of the Authorized Services pursuant to the Plan is fair and reasonable, reflects an accurate presentation of the special benefit each property will receive from the construction of the public improvements identified in the Plan, and is hereby approved; (b) The Plan covers a period of at least five years and defines projected costs for the Authorized Services; (c) The Plan 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. (d) All of the real property in the District which is being assessed in the amounts shown in the Assessment Roll will be benefited by the Authorized Services proposed to be provided through the District in the Plan, and each parcel of real property will receive special benefits in each year equal to or greater than each annual Assessment and will receive special benefits during the term of the Assessments equal to or greater than the total amount assessed; (e) The method of apportionment of the costs of the Authorized Services set forth in the Plan results in imposing equal shares of the Costs on property similarly benefited, and results in a reasonable classification and formula for the apportionment of the costs of the Authorized Services; (f) The Plan should be approved as the service plan and assessment plan for the District as described in Sections 372.013 and 372.014 of the PID Act; (g) The Assessment Roll in the form attached as Exhibit B to the Plan (the “Assessment Roll”) should be approved as the assessment roll for the District; (h) The provisions of the Plan relating to due and delinquency dates for the Assessments, interest and penalties on delinquent Assessments and procedures in connection with the imposition and collection of Assessments should be approved and will expedite collection of the Assessments in a timely manner in order to provide the services needed and required for the area within the District; and (i) A written notice of the date, hour, place and subject to this meeting of the Town Council was posted at a place convenient to the public for the time required by law preceding this meeting, as required by the Open Meetings Act, 17 Chapter 551, Texas Government Code, as amended, and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter hereof has been discussed, considered, and formally acted upon. Section 3. Assessment Plan. The Plan is hereby accepted and approved pursuant to the PID Act Sections 372.013 and 372.014 as the service and assessment plan for the District. Section 4. Assessment Roll. The Assessment Roll is hereby accepted and approved pursuant to the PID Act Section 372.016 assessment roll of the District. Section 5. Levy and Payment of Special Assessments for Costs of Improvement Project. (a) The Town Council hereby levies an assessment on each tract of property located within the District, as shown and described in the Plan and the Assessment Roll, in the respective amounts shown on the Assessment Roll as a special assessment on the properties set forth in the Assessment Roll. (b) The levy of the Assessments shall be effective on the date of execution of this Ordinance levying assessments and strictly in accordance with the terms of the Plan. (c) Each Assessment shall be paid annually pursuant to the terms of the Plan. (d) Each Assessment shall be collected each year in the manner set forth in the Plan by the Denton County Tax Assessor Collector or other qualified collection agent, duly authorized by the Town Council. Section 6. Method of Assessment. The method of apportioning the costs of the Authorized Services is as set forth in the Plan. Section 7. Appointment of Administrator MuniCap, Inc., of Columbia, Maryland, is hereby appointed and designated as the Administrator of the Service and Assessment Plan for Authorized Services and of the Assessments levied by this Ordinance. The Administrator shall perform the duties of the Administrator described in the Plan and in this Ordinance. The Administrator’s fees, charges and expenses for providing such service shall constitute Collection Costs. Section 8. Penalties and Interest on Delinquent Assessments. 18 Delinquent Assessments shall be subject to the penalties, interest, procedures, and foreclosure sales set forth in the Plan. The Assessments shall have lien priority as specified in the PID Act and the Plan. Section 9. Applicability Of Tax Code. To the extent not inconsistent with this Ordinance, and not inconsistent with the PID Act or the other laws governing public improvement districts, the provisions of the Texas Tax Code shall be applicable to the imposition and collection of Assessments by the Town. Section 10. Severability. If any provision, section, subsection, sentence, clause, or phrase of this Ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portions of this Ordinance or the application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the Town Council that no portion hereof, or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness, or invalidity of any other portion hereof, and all provisions of this Ordinance are declared to be severable for that purpose. Section 11. Engrossment and Enrollment. The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town as required in the Town Charter. Section 12. Effective Date. This Ordinance shall take effect, and the levy of the Assessments, and the provisions and terms of the Plan shall be and become effective on upon passage and execution hereof. ADOPTED, PASSED, and APPROVED by the Town Council, by a vote of ___ members voting “for” and ___ members voting “against” and with 1 absentees, on this 24th day of September, 2007. Town of Trophy Club ________________________________ Nick Sanders, Mayor Attest: ________________________________ Lisa Ramsey, Town Secretary 19 Approved as to Form: ________________________________ Patricia A. Adams, Town Attorney 20 EXHIBIT A SERVICE AND ASSESSMENT PLAN FOR AUTHORIZED SERVICES 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-24-2007 Subject: Agenda Item No.D.2 Discuss and take appropriate action regarding an Ordinance adopting and approving the Budget for the fiscal year beginning October 1, 2007, and ending September 30, 2008. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Approve the Budget for the fiscal year beginning October 1, 2007, and ending September 30, 2008. (smd) Attachments: 1.Ordinance - Exhibit “A” will be represented in the budget book, available online and filed with the County Clerks for Denton and Tarrant County. 37 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2007-XX AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS ADOPTING AND APPROVING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008, AND MAKING APPROPRIATIONS FOR EACH DEPARTMENT, PROJECT, OPERATION, ACTIVITY, PURCHASE, ACCOUNT AND OTHER EXPENDITURES; PROVIDING FOR EMERGENCY EXPENDITURES AND EXPENDITURES AS ALLOWED BY APPLICABLE STATE LAW; PROVIDING FOR FILING OF DOCUMENTS; REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a home rule municipality regulated by state law and its Charter; and WHEREAS, the Charter of the Town provides that the Town Manager shall prepare a proposed budget annually and submit that budget to Council; and WHEREAS, the proposed budget for the Town of Trophy Club, Texas (the “Town”) which has been filed with the Town Secretary is a budget to cover all proposed expenditures of the Town for the fiscal year beginning October 1, 2007, and ending September 30, 2008; and WHEREAS, the budget shows as definitely as possible each of the various projects for which appropriations are set up in the budget, shows the estimated amount of money carried in the budget for each of such projects, and otherwise complies with all requirements of the home rule Charter for the Town; and WHEREAS, public notice of a public hearing on the proposed annual budget, stating the date, time, and place and subject matter of the public hearing, was given as required by the laws of the State of Texas; and WHEREAS, the Town Council has studied the budget and listened to the comments received at the public hearing and has determined that the budget attached hereto is in the best interest of the Town of Trophy Club. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: 38 SECTION 1. APPROVING THE BUDGET The budget attached hereto as Exhibit “A” and incorporated herein is approved and adopted for the fiscal year beginning October 1, 2007, and ending September 30, 2008; and there is hereby appropriated from the funds indicated and for such purposes, respectively, such sums of money for such departments, projects, operations, activities, purchases, accounts and other expenditures as proposed in the attached budget. SECTION 2. PROVIDING EMERGENCY EXPENDITURES No expenditure of the funds of the Town shall hereafter be made except in compliance with the budget and applicable state law; provided, however, that in case of grave public necessity emergency expenditures to meet unusual and unforeseen conditions, which could not by reasonable, diligent thought and attention have been included in the original budget, may from time to time be authorized by the Town Council as amendments to the original budget. SECTION 3. BUDGET FILED The Town Council shall cause to be filed a true and correct copy of the approved budget, along with this Ordinance, with the Town Secretary and in the office of the County Clerk of Denton County, and Tarrant County, Texas. Additionally, a copy of the budget shall be posted on the Town’s internet website. SECTION 4. CONFLICT Any and all ordinances, resolutions, rules or regulations in conflict with this Ordinance are hereby repealed and rescinded to the extent of the conflict herewith. SECTION 5. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 6. SAVINGS 39 All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all provisions of any other Ordinance affecting budget requirements, which have secured at the time of the effective date of this Ordinance. SECTION 7. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town as required in the Town Charter. SECTION 8. EFFECTIVE DATE This Ordinance shall be effective from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 24th day of September 2007. _______________________________ Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: __________________________________ Lisa Ramsey,Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: ___________________________________ Patricia A. Adams, Town Attorney Town of Trophy Club, Texas 40 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-24-2007 Subject: Agenda Item No.D.3 Discuss and take appropriate action regarding an Ordinance fixing and levying Municipal Ad Valorem Taxes for the Town for the fiscal year beginning October 1, 2007, and ending September 30, 2008. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Approve the fixing and levying of Municipal Ad Valorem Taxes for the fiscal year beginning October 1, 2007, and ending September 30, 2008 as follows: “I move that property taxes be increased by the adoption of a tax rate of .43051.” MINUTES MUST REFLECT THE VOTE OF EACH MEMBER. (smd) Attachments: 1. Ordinance 41 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2007-xx AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS FIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007, AND ENDING SEPTEMBER 30, 2008, AND FOR EACH FISCAL YEAR THEREAFTER UNTIL OTHERWISE PROVIDED, AT A RATE OF $.43051 PER ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUATION ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE TOWN; DIRECTING THE ASSESSMENT THEREOF TO PROVIDE REVENUES FOR THE PAYMENT OF CURRENT OPERATION AND MAINTENANCE EXPENSES AND INDEBTEDNESS OF THE TOWN; APPROVING THE TAX RATE AND LEVY AND NOTIFYING THE PUBLIC THAT THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR’S TAX RATE.; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST PROVIDING FOR PAYMENT TO THE TOWN ASSESSOR/COLLECTOR; PROVIDING FOR PENALTY AND INTEREST; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”) hereby finds that the tax for the fiscal year beginning October 1, 2007, and ending September 30, 2008, hereinafter levied for current expenses of the Town and the general improvements of the Town and its property, must be levied to provide the revenue requirements of the budget for the ensuing year; and WHEREAS, the Town Council has approved on the 24th day of September 2007, the budget for the fiscal year beginning October 1, 2007, and ending September 30, 2008; and WHEREAS, all statutory and constitutional requirements concerning the levying and assessing of ad valorem taxes have been completed in due and correct time, including providing notice of and conducting a public hearing regarding the ad valorem tax levied hereby. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. APPROVING THE TAX RATE AND LEVY There is hereby levied and ordered to be assessed and collected for the fiscal year beginning October 1, 2007, and ending September 30, 2008, and for each fiscal year thereafter until otherwise provided, on all taxable property, real, personal and mixed, situated within the corporate limits of the Town of Trophy Club, Texas, and not 42 exempted by the Constitution of the State, valid State laws or this ordinance, a tax of $.43051 on each One Hundred Dollars ($100.00) assessed value of taxable property, which shall be apportioned and distributed as follows: (a) For the purpose of defraying the maintenance and operation expenses of the municipal government of the Town, a tax of $.35104 (previously $.36723) on each One Hundred Dollars ($100.00) assessed value of all taxable property; and (b) For the purpose of the payment of principal and interest on the debt of the Town, a tax of $.07947 (previously $.06328) on each One Hundred Dollars ($100.00) assessed value of all taxable property. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR’S TAX RATE. SECTION 2. DUE DATE AND DELINQUENCY DATE All ad valorem taxes shall become due and payable on October 1, 2007, and all ad valorem taxes shall become delinquent after January 31, 2008. There shall be no discount for payment of taxes on or prior to January 31, 2008. A delinquent tax shall incur all penalty and interest authorized by law, Section 33.01 of the Texas Property Tax Code, as amended, to wit: a penalty of six percent (6%) of the amount of the tax for the first calendar month the tax is delinquent plus one percent (1%) for each additional month or portion of a month the tax remains unpaid prior to July 1 of the year in which it becomes delinquent. Provided, however, a tax delinquent on July 1 incurs a total penalty of twelve percent (12%) of the amount of the delinquent tax without regard to the number of months the tax has been delinquent. A delinquent tax shall also accrue interest at a rate of one percent (1%) for each month or portion of a month the tax remains unpaid. Taxes that become delinquent on or after February 1, 2008, but not later than May 1, 2008, that remain delinquent on July 1, 2008, incur an additional penalty of fifteen percent (15%) of the amount of taxes, penalty and interest due; however, taxes that become delinquent on or after June 1, 2008 and for which split payment has been allowed under Section 31.03, 31.031, 31.032, or 31.04 of the Texas Property Tax Code incur an additional penalty of fifteen percent (15%). All such additional penalties are to defray the costs of collection due pursuant to the contract with the Town’s legal counsel as authorized by Section 6.30 of the Texas Property Tax Code, as amended. SECTION 3. DENTON COUNTY TAX ASSESSOR/COLLECTOR Taxes shall be payable in full at the office of the Denton County Tax Assessor/Collector, 1505 E. McKinney, P.O. Box 1249, Denton, Texas 76201-4322. 43 The Town shall have available all rights and remedies provided by law for the enforcement of the collection of taxes levied under this Ordinance. SECTION 4. PENALTY AND INTEREST All delinquent taxes shall bear interest as provided by State law, in addition to the penalties set forth herein. SECTION 5. CUMULATIVE CLAUSE This ordinance shall be cumulative of all provisions of the Ordinances of the Town, except when the provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in which event the conflicting provisions of such Ordinances are hereby repealed. SECTION 6. SAVINGS CLAUSE All rights and remedies of the Town are expressly saved as to any and all violations of the provisions of any other ordinance affecting ad valorem taxes which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the court. SECTION 7. SEVERABILITY CLAUSE The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, article, 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 or the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 8. PUBLICATION CLAUSE The Town Secretary is hereby directed to publish the Caption, Penalty, and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 9. ENGROSSMENT AND ENROLLMENT 44 The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town as required in the Town Charter. SECTION 10. EFFECTIVE DATE This ordinance shall become effective from and after its date of passage and publication as required by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 24TH day of September 2007. ________________________________ C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: ___________________________________ Lisa Ramsey, Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: _____________________________________ Patricia A. Adams, Town Attorney, Town of Trophy Club, Texas 45 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-24-2007 Subject: Agenda Item No.D.4 Discuss and take appropriate action to ratify the property tax increase reflected in the previously approved Town Budget for the fiscal year beginning October 1, 2007, and ending September 30, 2008. EXPLANATION: With the recent passage of House Bill No. 3195, in addition to adopting the budget or voting to set the tax rate, which we currently achieve via two (2) different agenda items, legislation now mandates that the adoption of a budget that requires raising more revenue from property taxes than in the previous year, also requires a separate vote of the governing body of a city to ratify the property tax increase reflected in the budget. Furthermore, the same statement identified below must be included as a cover page in 18-point or larger type. RECOMMENDATION: ACTION BY COUNCIL: Approve ratification of the property tax increase reflected in the previously approved Budget for the fiscal year beginning October 1, 2007, and ending September 30, 2008 as follows: “I move that this budget will raise more total property taxes than last year’s budget by $271,769 (not including rollback) or 9.4%, and of that amount, $95,266 ($22,128,652 new taxable value) is tax revenue to be raised from new property added to the tax roll this year.” MINUTES MUST REFLECT THE VOTE OF EACH MEMBER. (smd) Attachments: 1. None. 46 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-24-2007 Subject: Agenda Item No.D.5 Discuss and take appropriate action regarding a Resolution approving the tax roll of the Denton Central Appraisal District for 2007. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (smd) Attachments: 1. Resolution 2. Exhibit A - Certification of 2007 Appraisal Records 3. Exhibit B - 2007 Tax Roll for The Town Of Trophy Club, Texas 47 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2007 - xx A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING THE TAX ROLL OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton Central Appraisal District has presented a certified tax roll to the Town of Trophy Club, Texas which includes all taxable property within Trophy Club that is located in both Denton and Tarrant Counties; and WHEREAS, the Town Council desires to approve and accept such certified roll, a copy of which is attached hereto and incorporated herein as Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the tax roll of the Denton Central Appraisal District for the Town of Trophy Club, Texas for the year 2007, a true and correct copy of which is attached as Exhibit “A” and incorporated herein, is approved and accepted. Such tax roll shall constitute the Town’s tax roll for the 2007 tax year. Section 2. That Exhibit “B” specifying the net taxable appraised value, the current 2007 tax rate approved by the Town Council, and the total tax actually levied for real, personal property and minerals, is hereby approved and accepted. A copy of Exhibit “B” is attached hereto and incorporated herein. Section 3. That this Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas on this the 24th day of September, 2007. ___________________________________ Mayor, Nick Sanders Town of Trophy Club, Texas 48 ATTEST: APPROVED AS TO FORM: ___________________________ _____________________________ Town Secretary Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas {SEAL] 49 50 51 52 53 54 EXHIBIT “B” 2007 TAX ROLL FOR THE TOWN OF TROPHY CLUB, TEXAS Based on the 2007 certified roll dated July 20, 2007 from the Denton Central Appraisal District, the net taxable appraised value (before freeze), which was ARB approved, was listed as $749,901,959. The current 2007 tax rate ($.43051/$100 assessed value) approved by the Town Council, which has been imposed on each property included on the certified appraisal roll for the Town for 2007, totals $3,228,403 levy (before freeze). The appraisal roll of $3,228,403 levy (before freeze) upon approval by the Town Council, shall constitute the 2007 tax roll for the Town of Trophy Club. ************************************* 55 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-24-2007 Subject: Agenda Item No.D.6 Discuss and take appropriate action repealing Resolution 2006-24 and adopting a new Resolution appointing members to serve on EDC 4A, EDC 4B, Planning and Zoning Commission, Tree Board, Zoning Board of Adjustment and the Parks and Recreation Board. A. EDC 4A appointments B. EDC 4B appointments C. Planning and Zoning appointments D. Tree Board appointments E. Zoning Board of Adjustment appointments F. Parks and Recreation appointments Attachments: 1. Section on Vacancy Posting, Application, Interview and Appointment Process from the Handbook for Elected and Appointed Officials 2. Request for Reappointment Form 3. EDC 4A – Correspondence, Recommendation and Applications 4. EDC 4B - Correspondence, Recommendation and Applications 5. P & Z Commission - Correspondence, Recommendation and Applications 6. Tree Board - Correspondence, Recommendation and Applications 7. ZBA - Correspondence, Recommendation and Applications 8. P & R Board - Correspondence, Recommendation and Applications 9. Resolution 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2007 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING RESOLUTION NOS. 2006-24, AND ADOPTING A NEW RESOLUTION FOR THE ANNUAL APPOINTMENT PROCESS, APPOINTING CITIZENS TO SERVE ECONOMIC DEVELOPMENT CORPORATION A, ECONOMIC DEVELOPMENT CORPORATION B, PLANNING AND ZONING COMMISSION, TREE BOARD, ZONING BOARD OF ADJUSTMENT, AND PARKS AND RECREATION BOARD; DESIGNATING TERMS OF SERVICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens involved in local government through service on Commissions; and WHEREAS, the Trophy Club Town Council is charged with the responsibility of making appointments to the Boards and Commissions serving the Town whose terms are expiring and to replace members who have resigned; and WHEREAS, the Town of Trophy Club adopted Resolution No. 2006-24 on November 20, 2006 appointing citizens to serve on EDC 4A, EDC 4B, Planning and Zoning Commission, Tree Board, Zoning Board of Adjustment, and the Parks and Recreation Board; and WHEREAS, by passage of this Resolution, the Town Council hereby repeals Resolution No. 2006-24 in its entirety and adopts this Resolution making new appointments as specifically provided below: NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That Resolution No. 2006-24, is repealed in its entirety. Section 2. That the Town Council hereby adopts the terms of the following individuals serving on Boards and Commissions with respective terms of service ending on October 1 of the year specified below for each individual: Economic Development Corporation A 2 Vacant seats filled for: T. Dwight Morrow term expired 2007 Richard Bell term expired 2007 1. Vacant (2007) 2.Vacant (2007) 3. J.D. Harvey (2008) 4. Neil Twomey (2008) 168 5. Leland Wilhelm(2008) Jim Moss(Liaison) Economic Development Corporation B 5 Vacant seats filled for: Damian Otthoff term expired 2007 Doyle Nicholson term expired 2007 James Hicks term expired 2007 Rebecca Shuman term expired 2007 Larry Crosser term expired 2007 At some point in the process, a mistake occurred resulting in 5 member’s term expiring one year and 2 in the following year instead of staggering the appointment of 3 members one year and 4 the next. Since the bylaws provide for a 2 year term the appointment of one member is only for 1 year to even out the staggering. 1. Vacant (2007) 2.Vacant (2007) 3. Vacant (2007) 4.Vacant (2007) 5. Vacant (2007) 6. Cyrus Holley (2008) 7. Glenn Strother (2008) Philip Sterling (Liaison) Planning and Zoning Commission 4 Vacant Seats filled for: Alejandro Sanchez term expired 2007 Gene Hill term expired 2007 Clayton Reed term expired 2007 Jim Moss term expired 2007(and elected to Council in May 2007) 1. Vacant (2007) 2.Vacant (2007) 3. Vacant (2007) 4.Vacant (2007) 5. Robert Ashby (2008) 6. James Stephens (2008) 7. Dennis Sheridan (2008) Tree Board 3 Vacant Seats filled for: Rick Merrill term expired 2007 Steven Kohs term expired 2007 Darin Davis term expired 2007 1. Vacant (2007) 2.Vacant (2007) 3. Vacant (2007) 4. Bob Downey (2008) 5. Kimble Ross (2008) Zoning Board of Adjustment 1 Vacant Seat filled for: Council member Wilson expired 2008 (and elected to Council in May 2007) In 2004, appointments were not made for ZBA, therefore, in 2006, all members terms had expired. On September 18, 2006, appointments were made for 5 169 Regular seats and 4 Alternate seats, all expiring in 2008 instead of staggering the appointments. In order to correct, Council extended 2 Regular members and 2 Alternate 2 member’s term until 2009. 1. Vacant (2008) 2. Bob Radder (2008) 3. Margi Cantrell (2008) 4. Jim Aenchbacher (2008) 5. Bob Downey (2008) Alt.Doyle Nicholson (2008) Alt. David Equitz (2008) Alt. Kevin Barry (2008) Alt. Michael Price (2008) Parks and Recreation Board 5 Vacant Seats filled for: (4 Expiring in 2010) Steven Kohs expired 2007 Stephen Skeen term expired 2007 Wendy Hill term expired 2007 JD Stotts term expired 2007 (1 Vacant Seat Expiring in 2008) Council member Wilson expired 2008 (and elected to Council in May 2007) 1. Vacant (2007) 2.Vacant (2007) 3. Vacant (2007) 4 Vacant (2007) 5. Pauline Twomey (2008) 6 Chris McCollister (2008) 7 Steve Gregory (2008) 8.Vacant (2009) 9. Matthew Graham (2009) 10. Dave Glaser (2009) 11. William Matthai (2009) Section 3. That this Resolution shall become effective from and after its date of passage in accordance with the law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 24th day of September, 2007. ____ ___________________________ C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: ____________________________________ Lisa Ramsey, Town Secretary Town of Trophy Club, Texas 170 [Seal] APPROVED AS TO FORM: ____________________________________ Patricia A. Adams, Town Attorney Town of Trophy Club, Texas 171 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-24-2007 Subject: Agenda Item No.D.7 Discuss and provide input regarding the following documents and matters related to the Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club) for infrastructure and related improvements: A. Service and Assessment Plan for authorized public improvements B. Discussion of Parkland Improvements for the PID and related Town parkland improvements. C. Acquisition, Funding, and Construction Agreement D. Indenture of Trust for the proposed bond issuance to finance public improvements. E. Preliminary Limited Offering Memorandum EXPLANATION: Service and Assessment Plan. The current draft is the same as previously reviewed and is not included. Parkland Improvements. As previously discussed, the input received from the Attorney General was that additional information on the proposed parkland improvements would be required prior to the issuance of PID bonds. The park study being conducted by Carter and Burgess is not yet complete. At the October 1, 2007 meeting, additional information will be provided and a full discussion regarding the parkland improvements will be on the agenda. This item is added as a subtopic in order to allow staff to update Council. Acquisition, Funding, and Construction Agreement. This document was drafted by Bond Counsel, Lila Marsh and the redline comments are those of the developer. The primary topic for which staff seeks input on this item relates to security for the developer portion of the project and for cost overruns. The value of the dedications total $4,004,433, and the estimated cost to be borne by the developer for the public improvements is $2,013,876. Under the development agreement, the developer can receive payment on day one for half of the dedications, the remainder are drawn down pro rata until all projects are 75% complete. So, there is no security for cost overruns, and no security for developer portion after the project is 75% complete. This security can be 172 required in the Acquisition, Construction, and Funding Agreement. Staff has also discussed using the Subdivider’s Agreement to require the Developer to put up a letter of credit or cash escrow account for the developer’s portions of the improvements as the property is subdivided. Staff seeks Council direction. Indenture. This document was previously provided. Preliminary Limited Offering Memorandum. This document was not included in the previous Council packet. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. (A) Service and Assessment Plan for authorized public improvements 2. (C) Acquisition, Construction, and Funding Agreement 3. (D) Indenture of Trust for the proposed bond issuance to finance public improvements. 4. (E) The Preliminary Limited Offering Memorandum 173 (A) Service and Assessment Plan for authorized public improvements 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 C. Acquisition, Funding, and Construction Agreement 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 D. Indenture of Trust for the proposed bond issuance to finance public improvements. 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 C. The Preliminary Limited Offering Memorandum.) 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-24-2007 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: The next subcommittee meeting is scheduled for Saturday, September 22, 2007. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 406 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-24-2007 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: The next subcommittee meeting is scheduled for Saturday, September 22, 2007. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 407 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-24-2007 Subject: Agenda Item No.D.10 Discuss and take appropriate action authorizing the Town Manager to initiate research for a consultant or consultants to analyze the Operation of the Town and Utility Districts as related to cost saving options and possible tax savings for MUD 2 residents if the Town were to dissolve MUD 2. EXPLANATION: At the September 13th, Master District meeting, an item regarding the possible dissolution of MUD 2 and related issues was discussed. As a result of this and other prior discussions about the dissolution staff requests the authorization to precede soliciting consultant services to examine financial ramifications and operational issues that may arise if dissolution occurs. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 408 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-24-2007 Subject: Agenda Item No.D.11 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 6. Discuss and take appropriate action regarding future use, funding options, operation of and repairs to Beck Park. Town Council 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. 7. Discuss and receive input regarding an Ordinance amending Chapter 11, Public Works, Article I, of the Code of Ordinances establishing guidelines for residential dumpsters. 8. Discuss and receive input regarding an Ordinance amending Section 4.05(B)(2) of Article IV, Chapter 5 of the Code of Ordinances relating to number, size and placement of political signs. 409 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-24-2007 Subject: Agenda Item No.D.12 Reports. There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. (a) Report from EDC 4B Liaison, Council member Sterling. (b) Town Manager's Report. Attachments: 1. None 410 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-24-2007 Subject: Agenda Item No.E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071(2) "Consultation with Attorney", the Council will enter into closed executive session to consult with the 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: (1) Legal advice relative to the interlocal agreements 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. 411 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-24-2007 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 412 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-24-2007 Subject: Agenda Item No.F.1 Adjourn.