Agenda Packet TC 08/18/2008 - Budget Workshop 1
Town of Trophy Club
Budget Workshop/Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, August 18, 2008
5:30 P.M.
A.1 Call to order and announce a quorum.
A.2 Budget Workshop Session: Review and Discuss FY08-09 Preliminary Budget.
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,
one 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. You may speak up to three (3) minutes or the time limit determined by the
Mayor or presiding officer. To speak during this item you must complete the
Speaker's form that includes the topic(s) of your statement. Topics of
presentation should be limited to matters over which the Council has authority.
A.6 Bi-annual update and presentation regarding Park Board activities for the
preceding six month period and discussion of same.
B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
July 17, 2008.
C.1 Public Hearing: Town Council to conduct a Public Hearing regarding the budget
and proposed tax rate increase for fiscal year October 1, 2008 to September 30,
2009 and Mayor to announce the date, time and place of the vote on the tax rate.
D.1 Discuss and review the Town's FY2008-09 Proposed Budget and tax rate.
D.2 Discuss and take appropriate action regarding an Ordinance repealing Article IV
entitled "Peddlers and Solicitors,” in its entirety, of Chapter 10, entitled "Public
Safety", of the Code of Ordinances of the Town of Trophy Club, and adopting a
new Ordinance prescribing regulations for Peddlers and Solicitors operating
within the Town.
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D.3 Discuss and take appropriate action regarding an amendment to Chapter 3,
Article XV of the Code of Ordinances of the Town, entitled "Swimming Pools"; by
amending Section 15.01 "Definitions", Section 15.02 "Applicability and
Prohibited Conduct", and Section 15.04 (I) "Draining of Swimming Pools", and
providing an effective date.
D.4 Discuss and provide input/take appropriate action regarding an Agreement for
Professional Services between Jacobs Engineering Group and the Town of
Trophy Club for Construction Phase Services related to the Northwest Parkway
and Parkview Realignment and Medlin Middle School Drop-Off.
D.5 Discuss and take appropriate action regarding a resolution amending Resolution
2008-01 authorizing the creation of a Charter Review Commission.
D.6 Items for Future Agenda.
D.7 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.
(b)Town Council report from EDC 4B Liaison, Council member Strother.
(c) Town Council report from Master District Liaison, Council member Wilson.
E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section
551.072 Deliberation Regarding Real Property and Section 551.071 (1) and (2)
"Consultation with Attorney", the Council will enter into executive session to
discuss the following:
(1) Potential purchase of land at 300 Trophy Club Drive and/or additional locations
within the Town for future joint Police and Fire facility and legal advice related to
potential future sites and land acquisition.
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: 8-18-2008
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-18-2008
Subject: Agenda Item No.A.2
Budget Workshop Session: Review and Discuss FY08-09 Preliminary
Budget.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-18-2008
Subject: Agenda Item No.A.3
Invocation.
Will be given by Mayor Sanders.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-18-2008
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, one and indivisible."
Will be led by Town Manager Emmons.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-18-2008
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. You may speak up to three (3)
minutes or the time limit determined by the Mayor or presiding officer. To
speak during this item you must complete the Speaker's form that includes
the topic(s) of your statement. Topics of presentation should be limited to
matters over which the Council has authority.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-18-2008
Subject: Agenda Item No.A.6
Bi-annual update and presentation regarding Park Board activities for the
preceding six month period and discussion of same.
EXPLANATION:
Park Board is required by ordinance to meet with Town Council bi-annually. This
presentation will be the second presentation for 2008.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-18-2008
Subject: Agenda Item No.B.1
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, July 17, 2008.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmh)
Attachments: 1.Minutes dated July 17, 2008
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MINUTES OF JOINT SESSION BETWEEN THE TOWN COUNCIL
AND THE CHARTER REVIEW COMMISSION
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Thursday, July 17, 2008
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Joint Session with the
Charter Review Commission (CRC) on Thursday, July 17, 2008. The meeting was held
within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Susan Edstrom Council Member
Jim Moss Council Member
Kathleen Wilson Council Member
Glenn Strother Council Member
TOWN COUNCIL MEMBERS ABSENT:
Philip Sterling Mayor Pro Tem
CHARTER REVIEW COMMISSION (CRC) MEMBERS PRESENT:
William (Bill) Rose CRC Chair
Bob Downey CRC Vice-Chair
Richard Hobday CRC Member
Joel Quile CRC Member
Richard (Scott) Briggs CRC Member
Melissa Klauss CRC Member
CHARTER REVIEW COMMISSION (CRC) MEMBERS ABSENT:
Ben Brewster CRC Recording Secretary
Roger Williams CRC Member
Larry Crosser CRC Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Lisa Hennek Town Secretary
Patricia Adams Town Attorney
Sakura Moten-Dedrick Finance Director
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A.1 Mayor Sanders called the Town Council to order at 7:20 p.m. noting a
quorum was present.
Mayor Sanders announced Mayor Pro Tem Sterling’s excused absence.
Chairman Rose called the CRC to order at 7:20 p.m. noting a quorum was
present.
Chairman Rose announced Commissioners Williams, Brewster and Crosser absences.
A.2 Commissioner Joel Quile gave the Invocation.
A.3 Commissioner Melissa Klauss led the pledges.
A.4 Citizen Presentations:
No citizen’s addressed the Council.
A.5 Discuss and take appropriate action regarding the Charter Review
Commission's Report on recommended Charter amendments for the
November 2008 election.
Mayor Sanders thanked the CRC for their hard work and diligence. Mayor Sanders
explained the rules for a Committee of the Whole and suggested that the group not
wordsmith the proposed amendments (PA) tonight and only discuss whether they would
support the proposed amendments. Mayor Sanders acknowledged CRC Chairman Bill
Rose to make his report.
Chairman Rose explained the history of the Town’s Charter, the methodology of the
CRC members appointed on February 4, 2008, sources of information used during their
review and additional areas of intent developed during the review. Chairman Rose
requested that the Council consider approving the proposed amendment for the
November ballot and allow the residents to vote. Chairman Rose concluded that the
Commission members, like the Town Council members have two votes; one in their
elected capacity and another as a resident.
Motion to move into a Committee of the Whole made by Edstrom: seconded by Wilson.
Motion passed unanimously.
Mayor Sanders requested that the group keep their discussions to whether the
proposed amendments would be moved forward tonight.
1) Add One Councilmember
• Rationale: Increases Council’s combined intelligence quotient, and enhances the
quality of Council’s output while diluting the influence of a single voice. Decatur,
Roanoke, Southlake, Colleyville, Grapevine, Flower Mound and Denton
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(cumulative population 222,464) all have six Councilmembers and a Mayor.
Places Council composition in the center of the membership range recommended
by NCL.
• Commission Vote: _8_ in favor _0_ opposed _0_ abstentions
Chairman Rose said that this PA was originally tagged to the PA allowing the Mayor to
vote, but according to State Law, the two have been separated. Chairman Rose said
that he would encourage the residents to vote the same way on both amendments.
Council member Moss is not in favor of the Mayor voting on all matters.
Council member Edstrom questioned the rationale and the factual detail that increasing
the Council by one, would increase the combined intelligence. Edstrom quoted from
Blodgett’s Model City Charter that small councils are more effective and requested this
quote be included should this PA move forward. Edstrom said that the majority of cities
with seven Councilmembers was driven by terms and believes the Mayor should lead
above the fray and does not believe that people have ever doubted where Mayor
Sanders stands on an issue. This document should be based on the form of
government, not who is in office at the time it is amended.
Council member Wilson favors adding one Councilmember as it increases the Town’s
representation. Wilson agreed that the Town may not need another Councilmember
now, but will in the future.
Commissioner Downey explained that adding one Councilmember increases
intelligence of the entire Council and was not intended to insult any one member’s
intelligence. Commissioner Downey is not a strong proponent of the Mayor voting but
feels the citizens should decide.
In favor -Wilson
Mixed -
Not in favor – Edstrom
Staff would like additional direction from the Council.
2) Change from At-Large to At-Large-by-Place Elections
• Rationale: Place gives a candidate the ability to run directly against an incumbent,
increasing direct accountability from those elected. Place increases the number of
races per election, and potentially reduces campaign costs. Place eliminates
unused votes: i.e., the necessity to prioritize votes and only vote for one person
when three votes are available with three open seats. Place utilizes plurality
voting in this two year application. Place is used by Decatur, Roanoke, Keller,
Southlake, Colleyville, Grapevine, Flower Mound and Denton (249,809). 87% of
Texas Home Rule cities utilize a place system (TML THRC).
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• Commission Vote: _6_ in favor _2_ opposed _0_ abstentions
Chairman Rose explained the difference between place and wards.
Council member Moss does not object to election by place.
Council member Edstrom gave statistics of how the cities referenced vote by place and
referenced Blodgett’s Model City Charter that the at-large system gives the government
the ability to represent the city as a whole.
Council member Wilson said considering Meet the Candidates Forum, the citizens rely
on Council’s debate. Candidates should accept the challenge when choosing to
compete in the individual competition such as running for office.
Mayor Sanders said that he favors this idea based on this information.
In favor – Sanders, Wilson and Moss
Mixed -
Not in favor - Edstrom
Consensus of the Council was to move forward.
3) Add Three Year Terms
• Rationale: Three year terms afford more efficiency in the election process,
learning and service as a Council member. Roanoke, Southlake, Colleyville,
Grapevine, Euless and Bedford have three year terms (179,181). Three year
terms are a step toward the NCL standard of four years.
• Commission Vote: _8_ in favor _0_ opposed _0_ abstentions
Council members Moss and Strother like three year terms but not necessarily the
challenges that go along with three year terms.
In favor – Sanders and Wilson
Mixed – Moss and Strother
Not in favor - Edstrom
Consensus of the Council was to move forward.
4) Resignation of Council Member Seat
• Rationale: Eliminates cost of follow-up election if candidate is successful in
election to new position. Similar to the requirement set forth in the Texas
Constitution for terms greater than two years.
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• Commission Vote: _8_ in favor _0_ opposed _0_ abstentions
Bob Downey said this was a point of contention when the original Charter was passed
and the consensus of the three original Charter Commission members was that it would
be one of the first amendments they sought.
In favor – Wilson
Mixed –
Not in favor –
Consensus of the Council was not to move forward.
5) Add Violates Any Express Prohibition of this Charter
• Rationale: Improves probability of Charter adherence by moving the action point
for enforcement of an expressly prohibited Charter violation from a citizen driven
recall to Council action. Immediate access to investigative powers is enhanced at
Council level. Found in Decatur, Southlake and Flower Mound charters. Follows
NCL MCC guidance.
• Commission Vote: _8_ in favor _0_ opposed _0_ abstentions
Town Attorney Adams voiced a liability concern as Thou shall is subjective.
Council member Edstrom questioned how the Council with only five votes can remove
someone from office when they were elected by a larger number of the citizens. Mayor
Sanders and Council member Edstrom requested the CRC provide specific violation for
additional consideration.
In favor –
Mixed –
Not in favor – Sanders and Edstrom
Consensus of the Council was not to move forward.
6) Filling Vacancies
• Rationale: Updates the filling of vacancies procedure to align with the Texas
Constitution and Texas Election Code. The Mayor Pro-Tem office is an important
backup to the Mayor and should be promptly filled if vacated.
• Commission Vote: _8_ in favor _0_ opposed _0_ abstentions
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Town Attorney Adams said this PA, as recommended, could only happen in the event of
a three year term. Adams said that she would add language to align with Texas
Election Code.
In favor –
Mixed –
Not in favor –
Consensus of the Council was to move forward.
7) Add Council Compensation
• Rationale: Significantly increased workload with budget and Town development.
Municipal Utility Directors have been compensated for several years. Roanoke’s
Council is compensated in its new charter. Council members are compensated
throughout Texas.
• Commission Vote: _8_ in favor _0_ opposed _0_ abstentions
Commissioner Downey said that some proposed amendments will require more work
from the Council. The citizens should vote on compensation for the Council considering
the time they volunteer.
Council member Edstrom said she would not accept money as this is her public service
to her community. Town Manager Emmons said based on the PA the impact to budget
would be approximately $15,000.
Mayor Sanders said the word shall means you must, if a Council member refuses, they
would be in violation of the Charter.
Commissioner Klauss explained that it is not the money but rather the spirit and
recognition of the work and time the Council volunteers and dedicates to the
community. The Council agreed to move this forward providing language allowing them
the option to refuse compensation is included.
8) Add Mayor Voting On All Matters
• Rationale: The Mayor votes on all issues in Fort Worth, Dallas, Decatur,
Southlake, Colleyville, Grapevine, Euless, Bedford and Denton (1,985,383).
National survey figures show 70% of Mayors vote on all matters. Follows NCL
MCC guidance and may enhance the Mayor’s ability to lead. TML’s THRC states,
council-manager cities generally give their mayors the unrestricted right to vote.
• Commission Vote: _6_ in favor _2_ opposed _0_ abstentions
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Commissioner Downey said that although he does not support this PA, he would like to
see it put to the vote.
Council member Wilson commented that residents have voiced their opinion and they
would like to know where the Mayor stands on certain issues.
Mayor Sanders said that he does state his opinion during the debate. Although not
voting gives the Mayor some freedom as he only has to be concerned with conducting
the meeting, there are times when he, as Mayor, wishes he could vote.
Council member Edstrom is not in favor as this does not enhance the Mayor’s ability to
lead.
In favor – Wilson
Mixed –
Not in favor – Edstrom and Moss
Consensus of the Council was to move forward.
9) Agenda Request
• Rationale: Allows better utilization of Council time. Prevents a single member
from monopolizing the Council agenda with a personal issue or issues without the
known potential of a second on a motion.
• Commission Vote: _8_ in favor _0_ opposed _0_ abstentions
Mayor Sanders said this PA is the intent of the Item for Future Agenda.
Council member Edstrom feels that a Council member should have the ability to at least
bring up an issue for Council’s discussion. The Council said this PA will not keep their
meetings from going late and that there have been major issues they have had to
debate in the past months. Council agreed this should be operational and placed into
the Town Council procedures.
In favor –
Mixed –
Not in favor – Edstrom, Moss and Wilson
Consensus of the Council was not to move forward.
10) Conflict of Interest and Abstention Town Council Procedure
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• Rationale: Aligns with most recent Texas charters. Encourages preparation and
engagement in the decision making process. Removes the availability of the
“politically safe” abstention vote.
• Commission Vote: _8_ in favor _0_ opposed _0_ abstentions
Mayor Sanders said that this PA conflicts with Robert’s Rules of Order. Commissioner
Hobday said this is an efficiency measure for Council and requires them to declare their
abstentions at the beginning of debate.
The Council discussed abstaining from the vote to approve Council Minutes for a
meeting in which they were absent and are concerned that under this PA would indicate
a no vote. Mayor Sanders clarified that a Council member does not have to abstain
from voting on the approval of the Minutes, as the vote is to approve the Minutes as the
official copy.
Consensus of the Council was not to move forward.
11) Clarify Appointment Procedure
• Rationale: Removes a potential conflict within the Charter and aligns
appointments with voting requirements found in Section 3.12.
• Commission Vote: _8_ in favor _0_ opposed _0_ abstentions
In favor –
Mixed –
Not in favor – Edstrom
Consensus of the Council was to move forward.
12) Comply with Texas Election Code
• Rationale: Aligns Charter with Texas Election Code and eliminates updating the
Charter when Texas Election Code is revised.
• Commission Vote: _8_ in favor _0_ opposed _0_ abstentions
In favor –
Mixed –
Not in favor –
Consensus of the Council was to move forward.
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13) Clarify Grounds for Recall
• Rationale: Removes limitations and duplicates the power given to citizens of
Dallas, Fort Worth, Denton, Colleyville, Euless, Decatur and Southlake
(1,896,172). Follows NCL MCC guidance.
• Commission Vote: _8_ in favor _0_ opposed _0_ abstentions
In favor – Wilson and Strother
Mixed –
Not in favor – Edstrom and Moss
Consensus of the Council was to move forward.
14) Reduce Recall Signatures Required
• Rationale: Increases availability of option to hold elected representatives
responsible and accountable by reducing the barrier for initiation, while remaining
within NCL standards.
• Commission Vote: _8_ in favor _0_ opposed _0_ abstentions
Consensus of the Council was split; will move forward.
15) Reduce Required Signatures for Initiative and Referendum
• Rationale: More closely aligns Council with comprehensive citizen positions.
Increases availability of Initiative and Referendum by the citizens while
maintaining the threshold at a level that will discourage capricious citizen-initiated
actions. NCL recommends 5-10% of the registered voters in the last election.
Using “registered voters” rather than “voters in the last election” provides a more
stable number and standard for action.
• Commission Vote: _8_ in favor _0_ opposed _0_ abstentions
Consensus of the Council was split; will move forward.
16) Budget Process Enhancement
• Rationale: Firm milestones require the establishment of Council’s goals early in
the budget process and costs of service are compared with a representative
sample of North Texas cities. Program and performance budgeting was
adopted by the Texas Legislature for all departments within the State government.
Fully adopts the NCL’s MCC guidelines for the program/performance budgeting
concept initiated in Trophy Club’s Charter.
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• Commission Vote: _7_ in favor _0_ opposed _0_ abstentions
Council member Wilson said that this is a very good PA. Mayor Sanders added that it
replaces some of the responsibilities of the Town Manager and Town Council.
Town Manager Emmons summarized from the discussion that the Charter should not
delve too deeply into the daily operations and this PA does exactly that. Emmons said
that some of the suggestions would be better incorporated into an Ordinance.
Mayor Sanders and Council member Edstrom agreed that this PA would make the
Charter too operational. They agree with goal planning and suggested this be included
in a procedural document.
Commissioner Klauss explained that the extensive study of this section is a result of
learning that specifics in the current Charter are not being followed. Town Manager
Emmons responded that the specifics in questioned, although not included in the final
budget books are presented to the Council during the budget process.
The group agreed to move on as the members of the CRC Finance Sub-Committee;
Williams, Brewster and Crosser were not represented.
Council requested staff rewrite this PA prior to moving forward.
17) Franchise Term
• Rationale: Enhances Council’s latitude to respond in a manner most beneficial to
the Town.
• Commission Vote: _7_ in favor _0_ opposed _0_ abstentions
Consensus of the Council was to move forward.
18) Code of Ethics and Conduct
• Rationale: Ethics provisions are included in the most recent Texas charters and in
current charter revisions. Follows NCL MCC guidance; “Ethics provisions foster
public trust in the integrity of city government and serve as a check on improper or
abusive behavior by city officials and employees”.
• Commission Vote: _8_ in favor _0_ opposed _0_ abstentions
Commissioner Quile explained this PA is not referring to minutia but to principle. Mayor
Sanders questioned the word enforce and suggested it be replaced with recommend.
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In favor – Wilson, Moss and Strother
Mixed –
Not in favor – Edstrom
Consensus of the Council was to move forward.
19) Charter Review Commission
• Rationale: Requiring the establishment of a citizen Commission at intervals no
greater than every four years ensures Charter currency and perspective, while
reinforcing citizen ownership of the Charter. Charter amendments processed
through a citizen commission are more thoroughly vetted than individual petitions,
thereby ensuring Charter continuity and a professional product. The Charter may
be amended at two year intervals by State law. Follows TML’S THRC
Commission example.
• Commission Vote: _7_ in favor _0_ opposed _0_ abstentions
The Council does not feel it necessary to keep the Commission active as Charter
Amendment Election can only be held every two years (calendar) and agreed not to
move it forward.
Motion to move out of the Committee of the Whole made by Wilson; seconded by
Edstrom. Motion passed unanimously.
Mayor Sanders requested an item discussing direction to staff regarding the Charter
Amendments, the November 2008 Election and the Charter Review Commission be
placed on the July 21, 2008 Agenda.
A.6 Adjourn.
Motion to adjourn made by Edstrom; seconded by Strother. Motion passed
unanimously.
Motion to adjourn made by Quile; seconded by Briggs. Motion passed unanimously.
Meeting adjourned at 11:00 p.m.
_______________________________ __________________________________
Lisa Hennek, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-18-2008
Subject: Agenda Item No.C.1
Public Hearing: Town Council to conduct a Public Hearing regarding the
budget and proposed tax rate increase for fiscal year October 1, 2008 to
September 30, 2009 and Mayor to announce the date, time and place of the
vote on the tax rate.
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 2008-09
tax rate on September 22, 2008, 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:
(smd)
Attachments: None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-18-2008
Subject: Agenda Item No.D.1
Discuss and review the Town's FY2008-09 Proposed Budget and tax rate.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(smd)
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-18-2008
Subject: Agenda Item No.D.2
Discuss and take appropriate action regarding an Ordinance repealing
Article IV entitled "Peddlers and Solicitors,” in its entirety, of Chapter 10,
entitled "Public Safety", of the Code of Ordinances of the Town of Trophy
Club, and adopting a new Ordinance prescribing regulations for Peddlers
and Solicitors operating within the Town.
EXPLANATION:
Pursuant to the direction provided at the August 4, 2008 Council meeting, the Solicitor’s
ordinance was revised to eliminate the requirement for an identification card for persons
engaging in charitable and religious solicitations. As drafted, the person applying for a
permit for charitable solicitations or a registration for religious solicitations will receive a
permit or a registration card and they are to provide copies to all persons soliciting
under that permit/registration so that the proper authorization by the Town is
documented and may be checked by residents and the police. The time restrictions for
charitable solicitations in medians is different than the general time restrictions for
soliciting within the Town.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Redlined version of ordinance
2. Final Version of Ordinance
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TOWN OF TROPHY CLUB, TEXAS
TOWN ORDINANCE NO. 2008-
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES,
ENTITLED “PUBLIC SAFETY”, BY REPEALING ARTICLE IV,
ENTITLED “PEDDLERS AND SOLICITORS”, AND ADOPTING A NEW
ARTICLE IV REGULATING “PEDDLERS AND SOLICITORS”, TO
DEFINE TIME LIMITS AND DURATION, TO ALLOW BACKGROUND
CHECKS; PROVIDING FOR INCORPORATION OF PREMISES;
PROVIDING FOR AMENDMENT; PROVIDING A SAVINGS AND
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF FIVE
HUNDRED DOLLARS ($500.00) 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, Ordinance No. 1992-22 was adopted on December 15, 1992
establishing regulations governing commercial Solicitors, vendors, charitable
organizations; and
WHEREAS, the Town Council has determined that public safety and welfare
require additional identification and regulation of persons engaged in the sale of goods
and services through door to door and various other in person solicitation campaigns
conducted within the Town; and
WHEREAS, the Town Council has determined that additional regulations on
Solicitors will help safeguard the public and allow greater accountability for those who
engage in Solicitation within the Town; and
WHEREAS, the Town Council hereby finds that repealing the current Article IV,
of Chapter 10, of the Code of Ordinances and adopting new provisions regulating
solicitations and codified as Chapter 10, entitled “Public Safety”, Article IV, entitled
“Peddlers and Solicitors”, as further specified herein, serves the best interests of the
Town and the health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
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AMENDMENT
2.01 Article IV entitled “Peddlers and Solicitors” of Chapter 10, entitled “Public Safety”
of the Code of Ordinances of the Town is hereby repealed in its entirety and the
following new Article IV entitled “Peddlers and Solicitors” is hereby adopted to be and
read as follows:
“Section 4.01 Definitions
In this Code:
Actively Supervised: Means oversight and supervision by an adult person at least
eighteen (18) years of age who is physically located within one hundred feet (100’) of a
child Solicitor sixteen (16) years of age or less for whom the supervisor is responsible at
all times when such child Solicitor is engaged in Soliciting.
Agent: Means any Person contracting with the holder of a Permit, secured pursuant to
the terms of this Article to advertise, distribute or sell products under such Permit.
Applicant: Means any Person that requests a Permit for Solicitation as required by this
Article.
Charitable Solicitations and Charitable Solicitations Campaign: Means any course
of conduct whereby any Person solicits property or financial assistance of any kind, or
sells or offers for sale or use any Goods or Merchandise, including without limitation,
any article, tag, service, emblem, publication, ticket, advertisement, subscription or
anything of value on the plea or advertisement, subscription or anything of value on the
plea or representation that such sale or solicitation or the proceeds therefrom are for a
charitable, educational, patriotic or philanthropic purpose.
Commercial Solicitations: Means any course of conduct whereby any Person
engages in Soliciting of Goods or Merchandise, other than Charitable Solicitations or
Religious Solicitations as defined herein.
Goods or Merchandise: Means and shall be construed to mean any service or
personal property of any nature whatsoever except printed material.
Itinerant Vendor: Means a person who engages in a business of selling goods or
services from any structure or vehicle which is not affixed to the ground, or from no
structure or vehicle.
Mobile Food Unit: Means a vehicle from which food is distributed or served to an
ultimate customer.
Person or Persons: Means an individual, corporation, association, church,
organization, society or any other legal entity, including their employees, contractors,
agents, members, and representatives.
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Permit: Written documentation issued by the Town of Trophy Club Permitting
Department authorizing activities in accordance with this Article.
Permitting Department: Means the office and individuals assigned to the office
primarily tasked with issuing permits as required or authorized by the Town of Trophy
Club.
Public Property: Means any property open or devoted to public use or owned by,
leased to or under the control of the Town, including, but not limited to, buildings,
facilities, sidewalks, streets, parkways, medians, right-of-way easements and parks.
Religious Solicitation, Religious Solicitations Campaign, and Solicitations For a
Religious Purpose: Means and includes any course of conduct whereby any Person,
Solicits property or financial assistance of any kind or sells or offers for sale or use any
Goods or Merchandise, including without limitation, any article, tag, service, emblem,
publication, ticket, advertisement, subscription or anything of value on the plea or
presentation that such sale or solicitation or the proceeds therefrom are for a religious
purpose, on Public Property, in any privately or publicly owned or controlled office
building, or any other public or private place, or by house-to-house canvassing.
Shoulder: Means the unpaved section of highway, road, or street in the Town which is
located in the public right-of-way and abuts the paved section of the highway, road or
street and extends to the outside boundaries of the right-of-way.
Solicit or Soliciting: Means any course of conduct to sell or attempt to sell Goods or
Merchandise, including without limitation, services or anything of value, or to take or
attempt to take orders for the future delivery of Goods or Merchandise, or anything of
value, or take or attempt to take orders for services to be furnished or performed in the
future when the Solicitation occurs upon the premises of another or upon any Public
Property.
Solicitation: Means the practice, act or instance of Soliciting as defined herein.
Solicitor: Means all Persons who solicit.
Town: Means the area within the corporate and extraterritorial boundaries of the Town
of Trophy Club, Texas, and includes without limitation all private property and Public
Property within those boundaries.
Vehicle: Means any device in, upon, or by which a person or property may be
transported or drawn upon a street or sidewalk, including but not limited to motor
vehicles, carts, wagons, cars, trucks and vans.
Section 4.02 Commercial Solicitation
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A. Permit Required
Except as expressly provided herein, it shall be unlawful for a person to conduct
any Commercial Solicitation in the Town without first having in his or her
possession a valid written Permit therefore issued by the Town.
B. Affirmative Defense: The following shall be affirmative defenses to prosecution for
violation of applicable Permitting requirements set forth in this Article:
1. That the Solicitor is on the property by express invitation of the Person residing
on or controlling such premises.
2. That the Solicitor is a wholesale agent or factory representative who sells or
exhibits for sale goods, wares or merchandise and was Soliciting a person or
persons engaged in the business of buying, selling and dealing in the same type
of goods or merchandise.
3. That the Solicitor was operating under a license granted by a state agency or the
Town of Trophy Club authorizing the sale of property or services which the
Solicitor wishes to sell in the Town.
4. That the Solicitor was Soliciting newspaper sales or sales of publications or other
printed material which deal with the dissemination of information or opinion;
however, this defense is not available for a violation of Section 4.02(L), Section
4.02 (M), or Section 4.05 of this Article.
5. That the solicitation takes place upon the premises owned, leased or controlled
by the Solicitor or by his employer.
C. Application For Permit
1. Any Person desiring to Solicit within the Town shall file a written application for a
Permit to do so with the Permitting Department, which application shall show:
a. The name and address of the Applicant; if the Applicant is an association,
company or corporation, then it shall state its name along with the names of
the Persons who will be soliciting in the Town;
b. The name and address of the employer or firm which such Applicant
represents;
c. If the Applicant is a corporation, or if the individual is employed by a
corporation, the date and place of incorporation;
d. The names of other communities in which the Applicant has worked as a
Solicitor in the past twelve (12) months; and if he was employed by a different
company in the other communities; the names of those companies shall also
be stated;
e. The nature of Goods or Merchandise to be sold or offered for sale or the
nature of the services to be furnished;
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f. Whether such Applicant upon such order so obtained will demand, accept or
receive payment or deposit of money in advance of final delivery;
g. The period of time such Applicant so wishes to Solicit in the Town;
h. An outline of the method or methods to be used in conducting the
Solicitations;
i. A physical description of the Applicant which includes sex, height, hair and
eye color, date of birth, driver's license number and the name of the state
issuing the driver's licenses; and
j. Whether the Applicant or any Person soliciting pursuant to the Applicant’s
Permit has been convicted within the five (5) years preceding the date of the
application of murder, burglary, theft, fraud, robbery, rape, any drug-related
felony or is a registered sex offender.
2. Such application shall also show satisfactory written proof of the Applicant's
authority to represent the company or individual such Applicant states that he
represents.
3. The application shall be accompanied by a Fifty Dollar ($50.00) fee and no
Permit hereunder shall be issued until such fee has been paid by the Applicant.
4. A Permit requested under this Section shall be issued for the length of time
requested, not to exceed twelve (12) months. Upon expiration of one Permit, the
Solicitor may apply for a new Permit in the same manner prescribed by this
section for a new Permit.
5. The Permitting Department shall require the Applicant to provide documentation
from the Texas Department of Public Safety that neither the Applicant nor any of
the Applicant's agents have been convicted within the five (5) years preceding
the date of the application of murder, burglary, fraud, theft, robbery, rape, any
drug-related felony or are registered sex offenders.
D. Issuance of Permits; Bond Required
1. Where the Applicant for a Permit to Solicit within the Town shows that the
Applicant will not demand, receive or accept payment and/or deposit of money in
advance of final delivery of Goods or Merchandise to be Solicited by such
Applicant and/or Applicant’s agents, it shall be the duty of the Permitting
Department to issue to such Applicant a Permit to Solicit the Goods or
Merchandise identified in such Applicant's application within five (5) working days
of the completion of the application and payment of the Fifty dollar ($50.00) fee,
unless it has been determined that the application contains false information or
the Applicant and/or any of the Applicant’s agents has been convicted within the
five (5) years preceding the date of the application of murder, theft, fraud,
burglary, robbery, rape, a drug-related felony or are a registered sex offender.
2. If the application for such Permit shows that such Applicant shall receive,
demand or accept payment and/or deposit of money in advance of final delivery
of Goods or Merchandise sold, then such application shall be accompanied by a
bond in the penal sum of One Thousand Dollars ($1,000.00) for an individual
Permit executed by such Applicant as principal and a surety company licensed to
do business as such in Texas. Such bond is to be conditioned upon making final
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delivery of such goods, merchandise, services, or anything of value in
accordance with the terms of such order and/or orders obtained and which bond
shall be used for the benefit of all Persons, who may pay in advance or make any
advance deposit on the purchase of orders for Goods or Merchandise and such
bond shall stipulate this obligation in its terms.
3. If the application contains false information or the Applicant and/or any Person
operating under the Applicant’s Permit has been convicted within the five (5)
years preceding the date of the application of murder, theft, fraud, burglary,
robbery, rape, a drug-related felony or are a registered sex offender, the
Permitting Department shall not issue the Permit.
E. Permit Holders and Identification Cards:
1. Solicitor’s Identification Cards. Along with every individual Permit issued
under the provisions of this Article, the Permit holder shall be issued a Solicitor’s
Identification Card which shall contain the information set forth in Section 2
below. The Applicant shall provide the Permitting Department with the names
and addresses of all Persons Soliciting and for whom such Solicitor Identification
Cards are required under this Section. A Person to whom a Permit has been
issued under this Section shall obtain a Solicitor’s Identification Card for himself
and for each Person Soliciting for or on behalf of such Permit holder.
2. Information on Solicitor’s Identification Cards. Solicitor’s Identification Cards
shall contain the name of the Permit holder, the address of the Permit holder,
the name, address, date of birth, sex, hair and eye color, photograph, and
signature of the Solicitor to whom such Solicitor’s Identification Card is issued, a
description of the purpose of the Solicitation for which the Permit has been
issued, the signature of the Solicitor and the specific period of time during which
the Solicitor is authorized to Solicit on behalf of the Permit holder. The
Solicitor’s Identification Card shall also contain the following language
prominently printed in either red or bold face type: “This identification card is not
an endorsement of the Solicitation by the Town of Trophy Club or its officers,
officials, or employees. It is your duty to verify all information given to you by this
Solicitor.”
3. Possession and Display of Solicitor’s Identification Card and Permit. No
Person shall Solicit without the Solicitor’s Identification Card and a copy of the
Permit in his possession. The Solicitor’s Identification Card shall be prominently
displayed on the person of the Solicitor at all times while engaged in Solicitation
within the Town. Upon the request of any Person to whom a Solicitation is being
made or upon the request of a peace officer, a copy of the Permit issued by the
Town of Trophy Club shall be shown. It shall be unlawful for any Person to
Solicit in the Town without having the required Permit and/or Solicitor’s
Identification Card on his person. It shall be unlawful for any Person Soliciting to
fail or refuse to show or display such Permit or Solicitor’s Identification Card upon
the request of any person entitled to make such demand under this Article.
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F. Appeal From Denial or Revocation of Permit. Should an Applicant be denied
a Permit, or have a Permit revoked, he may appeal that action to the Town Council by
submitting a letter to the Town Secretary's office within ten (10) days of the effective
date of the denial or revocation. A hearing on the denial or revocation will then be
scheduled for the next regular meeting of the Trophy Club Town Council for which all
legal requirements can be met. The Trophy Club Town Council will render a decision
on the appeal within ten (10) days of the hearing.
G. Prohibited Conduct
It shall be unlawful for a Person engaged in Solicitation to:
1. Misrepresent the purpose of the Solicitation;
2. Misrepresent the affiliation of those engaged in the Solicitation;
3. Continue efforts to Solicit from an individual once that individual informs the
Solicitor that he does not wish to give anything to or buy anything from that
Solicitor;
4. Represent the issuance of any Permit under this Article as an endorsement or
recommendation of the Solicitation by the Town of Trophy Club;
5. Go on property upon which the owner of the property or the person controlling
the property has posted signs prohibiting Solicitation;
6. Remain on property after the owner of the property or person controlling the
property has instructed the Solicitor to leave; or
7. Conduct any form of Solicitation during prohibited hours as set forth in Section
4.05.
H. Sale of Fresh or Frozen Meats and Seafood Prohibited on Public Property.
It shall be unlawful for any Person to Solicit or exhibit for sale fresh or frozen meats
or frozen seafood upon any Public Property within the Town.
I. Sale of Fresh or Frozen Meats or Seafood by Itinerant Vendors Prohibited.
1. It shall be unlawful for any itinerant vendor to Solicit or exhibit for sale fresh or
frozen meats or seafood within the Town.
2. It shall be an affirmative defense to Section 4.02(H and I.1) if the Solicitor is a
wholesale agent, factory representative or other Person who sells or exhibits for
sale fresh or frozen meats or seafood and was soliciting Persons engaged in the
business of buying and selling fresh or frozen meats and such Solicitation does
not occur on Public Property.
J. Unlawful to Solicit Occupants of Vehicles on Paved Surface or Shoulder of
Public Streets.
1. It shall be unlawful for any Person to Solicit the occupant of any vehicle located
upon the paved surface or shoulder of any public street, highway or road within
the Town.
2. It shall be an affirmative defense to prosecution under Section 4.02(J.1) if the
Solicitation was for the sale of newspapers or publications or other printed
material which deal with the dissemination of information or opinion; however,
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this defense is not available for a violation of Section 4.02(L), Section 4.02 (M), or
Section 4.05 of this Article.
K. Unlawful to Solicit or to Erect Structures on Public Property.
1 It shall be unlawful for any person to occupy any Public Property in the Town for
the purpose of Soliciting.
2. It is an affirmative defense to prosecution under this Section if a person
engaged in Soliciting:
a. Possesses a contract with the Town to operate a concession on designated
areas of Public Property; or
b. Possesses a vendor's permit for prepared frozen dairy food products or
frozen desserts to be sold from a Mobile Food Unit on the streets and which
unit remains in the same place no more than five (5) minutes and then moves
on to a new location after each sale; however, this defense is not applicable
to the sale of prepared frozen dairy food products and frozen deserts to be
sold from a mobile food unit or otherwise upon the Major Thoroughfares
identified by Section 4.02(M); or
c. Is Soliciting, distributing or offering for sale only printed matter on streets,
sidewalks or rights-of-way other than those Major Thoroughfares listed in
Section 4.02(M); or
d. Is operating a vehicle for hire pursuant to a franchise, license, or Permit of the
Town of Trophy Club or State of Texas; or
e. Has been granted permission by agreement approved by the Town Council.
3. It shall be unlawful for any Person to erect, construct, build, place or maintain any
booth, stand or other structure, or vehicle, either permanent or temporary upon
any Public Property with the intent of Soliciting from such structure or vehicle. It
shall be an affirmative defense to prosecution under this Section if:
a. The coin-operated newspaper vending machine is located upon public
sidewalks and does not create a hazard to pedestrians or vehicular traffic; or
b. The Person possesses a contract with the Town to operate a concession on
designated areas of public property; or
c. The Person has been authorized to do so at a special event by the Town
Council; or
d. The Person possesses a vendor's Permit for prepared frozen dairy food
products or frozen desserts to be sold from a mobile food unit on the streets
and which unit remains in the same place no more than five (5) minutes and
then moves on to a new location after each sale; however, this defense is not
applicable to the sale of prepared frozen dairy food products or frozen
desserts to be sold from a mobile food unit or otherwise upon those major
thoroughfares listed in Section 4.02(M).
L. Newspaper and Publication Sales
It shall be unlawful for any Person to Solicit or to give newspapers or publications to
any occupant of any vehicle which is located in a traffic lane or shoulder of any of
the major thoroughfares set forth in Section 4.02(M).
M. Major Thoroughfares
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The rights-of-way, highways, roads and streets and the intersections where other
rights-of-way, highways, roads and streets intersect the rights of way, highways,
roads and streets enumerated in the Town’s Comprehensive Land Use Plan are
declared to be major thoroughfares within the limits of the Town of Trophy Club for
purposes of this Section. Except as specifically set forth herein, Solicitation upon
Major Thoroughfares is prohibited.
N. Child Solicitations - Supervision of Child Solicitors
It shall be unlawful for any Person to use children sixteen (16) years of age or
younger for Commercial Solicitation purposes unless such children are Actively
Supervised by an adult Person who is permitted or registered as required by this
Article.
Section 4.03 Charitable Solicitations
A. Permit Required / Display of Proof
1. It shall be unlawful to conduct any Charitable Solicitation Campaign in any office
building, or on any Public Property or private place or by house-to-house
canvass, unless the Person sponsoring the Charitable Solicitation Campaign
shall first have obtained a Permit in compliance with the terms of this Section.
2. No Person shall engage in Charitable Solicitations under this Article without
having in his possession a copy of the Permit or other documentation evidencing
that a Permit has been issued by the Town for the Charitable Solicitations
Campaign. The proof of registration shall be shown, upon request, to all Persons
solicited and to any peace officer of the Town of Trophy Club.
B. Affirmative Defenses.
The following are Affirmative Defenses to the Permitting requirements of this
Section:
1. Any Charitable Solicitation by or from a Person who is a member of or is acting
on behalf of an organization which solicits funds solely from its own members or
from its own assemblies; not using Public Property for such purposes;
2. Any Charitable Solicitation by or from a Person for or on behalf of a public or
private school which controls the solicitation of funds by parent-teacher
association organizations and the solicitation of funds by other activity groups
which may be sponsored by the public or private school or by an association or
club whose primary purpose is to sponsor certain student and parent activities for
the benefit of such association, club or activity;
3. Any Charitable Solicitation for the benefit of an individual or family that has
suffered a personal tragedy resulting from personal injury, illness or the loss of
housing; and
4. Any Charitable Solicitations Campaign conducted through the use of television or
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radio as to those activities directly related to the use of television or radio.
5. Members of bona fide full-time or volunteer fire departments or police
departments when engaged in a Charitable Solicitations Campaign, including
without limitation, the Muscular Dystrophy Foundation “Fill the Boot” campaign.
C. Application - Same Information to be Contained
1. A Permit to conduct a Charitable Solicitations Campaign on Public Property or
private property in the Town shall be submitted in duplicate to the Permitting
Department not less than five (5) working days (Monday through and including
Friday) prior to the initiation of the proposed Charitable Solicitations Campaign.
If the application is mailed to the Permitting Department, it must be received five
(5) working days (Monday through and including Friday) prior to proposed date
for the initiation of the proposed campaign. Such application shall be sworn to by
the Applicant and shall contain, at minimum, the following information. A Permit
will be issued upon the approval of the Permitting Department on or before the
fifth working day after its receipt or it shall be deemed denied. The Application
shall contain:
a. The full name of the organization applying for a Permit to Solicit and the
address of the headquarters in the Town; if the organization is a chapter or
other affiliate of an organization having its principal office outside the Town;
the name and address of the parent organization.
b. The names and addresses of all officers and directors or trustees of the
organization and the name and city of residence of all officers, directors or
trustees of the parent organization, if any.
c. The purpose or purposes for which the gross receipts derived from such
Solicitations or other activities are to be used.
d. The name of the Person or Persons by whom the receipts of such Solicitation
shall be disbursed; if the receipts are transmitted to a parent organization for
further disbursement, detailed information on the methods of handling and
disbursement of all funds and a detailed and complete financial statement of
the parent organization for the last preceding fiscal year.
e. The name and address of the Person or Persons who will be in charge of
conducting the Charitable Solicitations Campaign and the approximate
number of Persons who shall actually Solicit contributions.
f. A physical description of the Applicant which includes sex, height, hair and
eye color, date of birth, driver's license number and the name of the state
issuing the driver's license, if applicable.
g. Whether the Applicant or any Person soliciting pursuant to the Applicant’s
Permit has been convicted within the five (5) years preceding the date of the
application of murder, burglary, theft, fraud, robbery, rape, any drug-related
felony, or is a registered sex offender.
h. An outline of the method or methods to be used in conducting the Charitable
Solicitations Campaign.
i. The period within which such Charitable Solicitations Campaign shall be
conducted, including the proposed dates for the beginning and ending of such
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campaign.
j. The total amount of funds proposed to be raised.
k. The amount of all salaries, wages, fees, commissions, expenses and costs to
be expended or paid to anyone in connection with such campaign, together
with the manner in which such wages, fees, commissions, expenses and
costs are to be expended, and the maximum percentage funds collected
which are to be used to pay such expenses of Solicitation and collection.
l. A full statement of the character and extent of the charitable, educational,
patriotic or philanthropic work done by the applicant within the Town during
the last preceding year.
m. If the Applicant is a charitable corporation or other organization to which
contributions are tax deductible for federal income tax purposes.
2. The Permitting Department shall require the Applicant to provide documentation
from the Texas Department of Public Safety that the Applicant has not been
convicted within the five (5) years preceding the date of the application of
murder, burglary, fraud, theft, robbery, rape, any drug-related felony, or is a
registered sex offender.
D. Issuance of Permit / Duration of Permit
1. Issuance of Permit. Upon receipt of a fully completed application, the
Permitting Department shall issue a Permit unless it is determined that:
a. One or more of the statements made in the application are not true;
b. The Applicant or Person in charge of the Charitable Solicitations Campaign
has made or caused to be made false statements or misrepresentations to
any member of the public with regard to the Charitable Solicitations
Campaign or other activities described in the Permit, or has made or caused
to be made false statements or misrepresentations in the application, or has
in any way publicly represented that the Permit granted hereunder is an
endorsement or recommendation of the cause for which the Charitable
Solicitations Campaign is being conducted or has otherwise violated any of
the terms of the Permit or this Article; or
c. The Applicant has been convicted within the five (5) years preceding the date
of the application of murder, burglary, fraud, robbery, theft, rape, any drug-
related felony or is a registered sex offender.
2. Duration of Permit. A Permit requested under this Section shall be issued for
the length of time requested, not to exceed twelve (12) months. Upon expiration
of one Permit, the Solicitor may apply for a new Permit in the same manner
prescribed by this section for a new Permit.
E. Appeal From Permit Denial or Revocation
Should an Applicant be denied a Permit, or have a permit revoked, he may appeal
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that action to the Town Council by submitting a letter to the Town Secretary's office
within ten (10) days of the effective date of the denial or revocation action. A
hearing on the denial or revocation will then be scheduled for the next regular
meeting of the Town Council for which all legal requirements can be met. The
Town Council will render a decision on the appeal within ten (10) days of the
hearing.
F. Responsibility for Acts of Solicitors
The Applicant for Permit for a Charitable Solicitations Campaign shall be liable for
the acts of Persons Soliciting pursuant to his Permit in connection with such
campaign.
G. Certain Methods of Solicitation Prohibited
1. It shall be unlawful for any Person to engage in Charitable Solicitations in the
right-of-way or upon the paved portion or the median of any major thoroughfare
listed in Section 4.02(M).
2. Notwithstanding the foregoing, a Charitable Solicitations Campaign that provides
documentation that one hundred percent (100%) of the proceeds collected will be
provided to the organization for which the solicitations are being made, may
solicit in the areas defined by 4.02(M) as Major Thoroughfares under the
following conditions:
a. The Charitable Solicitations Campaign is only allowed to Solicit between the
hours of 9:00 a.m. and 4:00 p.m. Monday through Friday and between the
hours of 7:00 a.m. and 5:00 p.m. on Saturdays; and
b. The Police Chief or his designee shall have the authority to order the
suspension or cessation of the activities of one or more Persons acting
pursuant to such Permit if, in the discretion of the Police Chief or his
designee, such activities present a safety hazard to the general public or to
the individual(s) soliciting.
3. It shall be unlawful for any Person to stop or attempt to stop any vehicle which is
located upon the paved surface or shoulder of any public road, street or highway
for the purpose of Soliciting a charitable contribution.
4. It shall be unlawful for any Person to obstruct a public sidewalk while engaged in
Charitable Solicitation.
Section 4.04 Religious Solicitations
A. Registration Requirement
1. A Person sponsoring or otherwise conducting a Religious Solicitations Campaign
shall register with the Town as required by this Section.
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2. It shall be unlawful for any Person to conduct or sponsor any Religious
Solicitations Campaign in any office building or any Public Property or private
place, or by house-to-house canvass unless such Person shall first have
registered with the Permitting Department in accordance with this Section.
3. It shall be affirmative defense to prosecution under this Section if a Person
conducting a Religious Solicitation obtains a Charitable Solicitation Permit in
compliance with Section 4.03 of this Code or a Commercial Solicitation Permit in
compliance with Section 4.02 of this Code.
B. Form of Registration
1. A religious Solicitor required to register hereunder shall first register in person
with the Permitting Department and shall provide the following information:
a. Name of registrant and his permanent address;
b. Name of the Person the registrant represents and the telephone number
and address of its principal office;
c. Duration and location of the proposed Solicitation;
d. Method or methods to be used in conducting the Solicitations; and
e. Approximate number of participants who will be engaging in Religious
Solicitations within the Town.
2. Registration expires after one year and must be renewed annually. If a change
occurs in any of the information submitted with the registration, the registrant or
organization shall notify the Permitting Department of the change as soon as
possible.
C. Registration Card
1. Any Person who engages in Solicitations For a Religious Purpose, or has
obtained a Permit to Solicit in compliance with Sections 4.02 (Commercial
Solicitation) or 4.03 (Charitable Solicitation) of this Code and who is Soliciting
for a religious purpose, by house to house canvass, on Public Property or
private property, or in any other public place open to the general public, shall
carry a copy of the registration as proof that the Religious Solicitations
Campaign for which such Person is Soliciting has been properly registered
with the Town.
2. The proof of registration required by subsection (1) above shall:
a. Be a card or other documentation issued by the Permitting Department to
the Person sponsoring or otherwise conducting the Religious Solicitations
Campaign;
b. Identify the name of the name, address, date of birth, sex, hair and eye
color of the Person sponsoring the Religious Solicitations Campaign and
registered with the Permitting Department; and
c. Contain the statement "Religious Solicitations" or "Religious Solicitor" and
the specific period of time during which the Solicitor is authorized to Solicit
on behalf of the registered Person.
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3. No Person shall engage in Religious Solicitations under this Article without
having in his possession a registration card or other documentation
evidencing that the Religious Solicitations Campaign has been registered with
the Town. The proof of registration shall be shown, upon request, to all
Persons solicited and to any peace officer of the Town of Trophy Club.
D. Certain Methods of Solicitations Prohibited
The following methods of Religious Solicitation are and shall be prohibited within
the Town:
1. Except as expressly provided herein, it shall be unlawful for any Person to
Solicit in the right-of-way or upon the paved portion or the median of any
major thoroughfare set forth in Section 4.02(M).
2. It shall be unlawful for any Person to obstruct any public sidewalk within the
Town when Soliciting.
3. It shall be unlawful for any person to Solicit during prohibited hours as set
forth in this Article.
Section 4.05 Approved Times For Solicitation
1. Except as otherwise expressly provided herein, it shall be unlawful for any
Person to conduct any form of Solicitation before the hour of 9:00 AM and
after the hour 5:00 PM on any day of the week.
2. There shall be no Solicitation on Sunday, New Years Eve, New Years Day,
Memorial Day (observed), Fourth of July, Labor Day (observed),
Thanksgiving Day, the day after Thanksgiving, Christmas Eve, or Christmas
Day.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting the solicitations and shall not repeal any of the provisions of such Ordinances
except in those instances where provisions of those Ordinances are in direct conflict
with the provisions of this Ordinance; whether such Ordinances are codified or
uncodified, and all other provisions of the Ordinances of the Town of Trophy Club,
codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain
in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of
action or claim which prior to the effective date of this Ordinance has been initiated or
has arisen under or pursuant to such repealed Ordinance(s) shall continue to be
governed by the provisions of that Ordinance and for that purpose the Ordinance shall
be deemed to remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
55
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 accordance with the Town Charter and by filing this
Ordinance in the Ordinance records of the Town.
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 Five Hundred
Dollars ($500.00), 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 and
publication 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 18th day of August, 2008.
_______________________________
Mayor, Nick Sanders
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
_______________________________
Town Attorney
Town of Trophy Club, Texas
56
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-18-2008
Subject: Agenda Item No.D.3
Discuss and take appropriate action regarding an amendment to Chapter 3,
Article XV of the Code of Ordinances of the Town, entitled "Swimming
Pools"; by amending Section 15.01 "Definitions", Section 15.02
"Applicability and Prohibited Conduct", and Section 15.04 (I) "Draining of
Swimming Pools", and providing an effective date.
EXPLANATION:
If approved, the Council will need to include a date for the following Section in their
motion:
“Section 15.04 Swimming Pools
I. Draining of Swimming Pools
1. All backwash or drainage from a swimming pool shall discharge into the
sanitary sewer system. An indirect connection shall be made by means of
an air break discharging into a tail piece installed a minimum of 6” or 152
mm above adjacent grade. The tailpiece shall be connected to a minimum
3” or 76 mm p-trap not less than 12” (304 mm) below grade which
discharges into the yard cleanout riser.
2. Owners of pools built or permitted prior to July 1, 2005 shall have until
________ 1, 20___ to comply with subsection 1 above or to obtain a
Compliance Permit in accordance with subsection 3 below.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Insert from February and March 2008 Minutes
2. Ordinance
57
March 17, 2008
D.4 Discuss and take appropriate action to amend Chapter 3, Article XV of the
Code of Ordinances of the Town, entitled "Swimming Pools"; by amending
Section 15.01 “Definitions”, Section 15.02 “Applicability and Prohibited
Conduct”, and Section 15.04 (I) “Draining of Swimming Pools”, and providing an
effective date.
Town Manager Emmons referenced the Storm Water Management Plan adopted by
Council in February and the discussions regarding pool discharge and backwash
requirements mandated by TCEQ. Staff was previously advised by TCEQ that filtered
backwash of pools is considered elicit and unauthorized. As of Friday, March 14, 2008,
TCEQ informed Town Staff that elicit discharge would not be considered unauthorized.
Town Manager Emmons asked the Council to determine if they are going to set policy
for pool compliance now or wait until the State mandates. Emmons recommended
Council not take action tonight and wait until staff receives the additional information
they have requested from TCEQ.
Council member Cates would like to wait until the State mandates and requested TCEQ
submit their decision in writing to the Town. Mayor Pro Tem Edstrom is frustrated that
Staff is receiving two different stories form TCEQ and requested a representative speak
to the Council on record. Mayor Sanders acknowledged the Cities of Arlington,
Grapevine, Farmers Branch and Southlake have adopted similar ordinances.
Larry Hoover, 1118 Berkshire Court – Spoke against this Ordinance and is upset with
the information previously provided by staff regarding this issue.
Peggy Sweeney, 51 Meadowbrook – Thanked the Council and staff who worked on the
revisions to the proposed Ordinance.
J.D. Harvey, 5 Sunrise Court – Spoke against this Ordinance.
Ryan Chitwood, 10 Overhill Drive – Expressed disappointment that Council would
consider waiting for State mandates to approve.
Council member Moss defended the Council advising they reviewed the information
provided and proceeded according to legal requirements.
Motion made by Edstrom, seconded by Moss to refer to a date uncertain. Motion
passed unanimously without any further discussion.
February 18, 2008
C.5 Discuss and take appropriate action to amend Chapter 3, Article XV of the
Code of Ordinances of the Town, entitled "Swimming Pools"; by amending
Section 15.01 “Definitions”, Section 15.02 “Applicability and Prohibited
Conduct”, and Section 15.04 (I) “Draining of Swimming Pools”, and
providing an effective date.
Motion made by Edstrom, seconded by Cates to approve with the compliance date of
July 9, 2009.
58
Town Manager Emmons asked for direction from the Council regarding a compliance
cut-off date for non-conforming pools.
Larry Hoover,1118 Berkshire Court – Spoke against the Ordinance.
Peggy Sweeny, 51 Meadowbrook - Spoke against the Ordinance.
Elizabeth Roessner, 3 Winding Creek Court - Spoke against the Ordinance.
Rick Calley, 231 Oakhill Drive – Spoke against the Ordinance.
Joe Baugh, 1038 Wilshire – Questioned if he had a salt water pool as opposed to a
chlorine pool, would he be violating the Ordinance if he drains into the yard.
Jeff Janak, 5 Greenleaf Drive – Questioned if he could dump in to the storm sewer with
an exception.
Robert Grunt, 305 Meadowbrook Drive – Asked if there is a time limit to notify the
residents. Mayor Sanders State law does not mandate the Town notify the residents.
Council discussed rewording “Section 15.04 Swimming Pools, I. Draining of Swimming
Pools.
Mayor Pro Tem Edstrom questioned if delaying approval of this Ordinance would affect
the TCEQ submission Town Manager Emmons responded the Ordinance would need to
come back for approval at one of the meetings in March.
Edstrom removed the motion, the second agreed.
Motion to refer item to a future meeting made by Cates, seconded by Sterling. Motion
passed unanimously without further discussion.
February 4, 2008
C.4 Discuss and take appropriate action regarding the Stormwater
Management Plan.
Mayor Sanders updated the Council. The plan is the same form that Council previously
reviewed. The pool discharge ordinance will be on the February 18 meeting agenda.
The Stormwater Management Plan needs to be submitted to TCEQ by February 11.
TCEQ will notify us of any inadequacies.
Council member Moss made a motion to approve the Stormwater Management Plan as
written. Mayor Pro Tem Edstrom seconded.
Council member Wilson amended the motion to include all recommendations made by
TCEQ representatives. No second, motion dies.
Mary Moore, Environmental Coordinator would like Council to approve the document as
a living document and understand that the document will change.
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Council member Moss changed his motion from as written to approve as submitted and
move forward with submittal to TCEQ. Mayor Pro Tem Edstrom agreed with the
change.
Ryan Chitwood, 10 Overhill Drive, addressed Council. He stated that this is a
compliance issue and it needs to be addressed as a compliance issue. Mr. Chitwood
asked Council to not sign the document until Council makes the petition to the truth:
include pool drainage ordinance, and do not summit the plan with pools built prior to
2005. Go into this with good faith to make the permit and ordinance compliant. Mr.
Chitwood went on to list items that he felt needed to be addressed.
Motion to approve the Stormwater Management P and submittal with any modifications
from TCEQ carried unanimously.
January 21, 2008
D.2 Discuss, review and provide input and direction regarding draft Stormwater
Management Plan.
Council member Wilson asked if Town Manager Emmons had contacted or responded
to Ryan Chitwood questions. Emmons has not contacted him specifically but provided
an update on actions taken this far. Town Manager Emmons sought Council’s input
and direction regarding the Plan, which needs to be approved at Council’s next meeting
date, February 4, 2008 for a timely filing date of February 11, 2008. The Plan was
posted on the Town’s website on December 14, 2007 for public review and input and a
Town Hall meeting was held on Tuesday, January 15, 2008.
No action, input only.
January 7, 2008
C.7 Discuss, review and receive input and direction regarding draft Stormwater
Management Plan.
Town Manager Emmons introduced Environmental Coordinator, Mary Moore, and
presented the Stromwater Management Plan. Emmons announced the Town Hall
meeting is scheduled for January 15, 2008.
Mayor Pro Tem Edstrom questioned the lack of citizen involvement and advertisement.
Ms. Moore responded the plan has been on the Town’s website since late December;
information has been published in the paper and sent on the listserve.
Mayor Sanders asked for an update at the first meeting in February, identifying all
residents with pools requiring compliance.
After discussion by Council, input was to proceed to sending to the state.
60
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2008 -
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING CHAPTER 3 THE CODE OF ORDINANCES ENTITLED
“BUILDINGS AND CONSTRUCTION” OF ARTICLE XV, ENTITLED
“SWIMMING POOLS”; BY AMENDING SECTION 15.01
“DEFINITIONS”; BY AMENDING SECTION 15.02 “APPLICABILITY
AND PROHIBITED CONDUCT”; AND BY AMENDING SECTION 15.04
(I) “DRAINING OF SWIMMING POOLS”; PROVIDING A CUMULATIVE
REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club (hereinafter referred to as “Town”) is a
Home Rule municipality acting under its charter adopted by the electorate pursuant to
Article XI, Section 5 of the Texas Constitution; and
WHEREAS, on April 16, 2007, the Town Council adopted Ordinance No.2007-
16, establishing “Swimming Pool Regulations” for the Town of Trophy Club, Texas; and
WHEREAS, Town staff has recommended an update to Ordinance No. 2007-16
which is codified in Article XV entitled “Swimming Pools” of Chapter 3 of the Code of
Ordinances entitled “Buildings and Construction” in order to be consistent with current
law and standards regulating discharges from swimming pools and in order to protect
the health, safety, and welfare of the citizens of the Town; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas recognizes the
need to protect the environment; and
WHEREAS, the Town Council has determined it appropriate to amend Sections
15.01, 15.02 and 15.04 of Article XV of Chapter 3 as more fully set forth herein; and
WHEREAS, the Town Council hereby finds that the regulations established
herein are in the best interest of the health, safety and general welfare of the citizens of
the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS.
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SECTION 1.
INCORPORATION OF PREMISES
All of the above premises are found to be true and correct and are incorporated
into the body of this Ordinance as if copied in their entirety.
SECTION 2.
AMENDMENT
2.01 Article XV, entitled “Swimming Pools” of Chapter 3 of the Code of Ordinances of
the Town of Trophy Club, Texas, is hereby amended, so that Section 15.01, entitled
“Definitions”, shall be and read in its entirety as follows:
“Section 15.01 Definitions
Unless otherwise provided for herein, the following terms shall have the
respective meanings ascribed to them:
Aboveground Swimming Pool: A structure in which the entire construction is
above ground, or if partly above and partly below-ground, the top of the
receptacle basin is at least twenty-four inches (24”) above ground.
In-Ground Swimming Pool: A structure intended for swimming or recreational
bathing that contains water over twenty-four inches (24”) deep and has a
capacity of over seven hundred (700) gallons that is dug into the ground.
Kiddie Pool or Wading Pool: Any deflatable, portable or temporary special
purpose pool or receptacle set aside primarily for use by children with a depth no
greater than twenty-four inches (24”).
Non-Maintained: The failure to keep water clean, bacteria and insect free by
chemical or mechanical means.
Permitting Department: The Permitting Department of the Town of Trophy
Club, Texas.
Person: An individual, firm, corporation, partnership, sole proprietorship or any
other entity recognized in law.
Spa: A hydro-massage pool or tub, including but not limited to hot tubs, whirlpool
baths and tubs and Jacuzzi-type tubs or baths, for recreational or therapeutic
use, not located in a health-care facility, designed for immersion of users and
usually having a filter, heater, and motor-driven blower. The spa is intended for
recreational bathing and contains water over twenty-four inches (24”) deep.
Stagnant: Standing or non-flowing water.
62
Surface Waters: Water collecting on the ground or in a stream, river, lake,
wetland, or ocean.
Swimming Pool: Any structure intended for swimming or recreational bathing
that is designed to contain water over twenty-four inches (24”) deep and has a
capacity of over seven-hundred (700) gallons. This includes inground,
aboveground and on-ground swimming pools. As used in this Article the term is
limited to pools which are fitted with a filter for clarifying pool water, or which are
designed to be fitted with a filter, whether installed or not. The term shall not
include facilities located inside a residence, storable pools designed for seasonal
setup and use which are stored at the end of the swimming season, or spas
installed on decks or porches if a fitted hard cover designed to prevent entry is
maintained in place at all times when the spa is not in use.
Swimming Pool Filter Backwash: Normal filter backwash water from both
public and private swimming pools as well as spas with backwash filter facilities.
Unsanitary: Not free from elements, such as filth or pathogens that endanger
health and hygiene.”
2.02 Article XV, entitled “Swimming Pools” of Chapter 3 of the Code of Ordinances of
the Town of Trophy Club, Texas, is hereby amended, so that subsections (A) and (E) of
Section 15.02, entitled “Applicability and Prohibited Conduct” shall read in their entirety
as follows and all other subsections of Section 15.02 shall remain the same:
“Section 15.02 Applicability and Prohibited Conduct
A. This Article shall be applicable to all new swimming pools and spas hereafter
constructed, erected, or maintained, and shall also apply to all existing pools and
spas which have a depth greater than twenty four inches (24”) of water at any
point, except as specifically prohibited in Subsection F. It shall be unlawful for
any person to violate any provision of this Article.
E. It shall be unlawful for any Person owning, leasing, claiming, occupying or
having supervision or control of any swimming pool to permit the drainage of any
swimming pool filter backwash and/or spent diatomaceous earth to the storm
drainage system, to surface waters, or to adjacent public or private property.”
2.03 Article XV, entitled “Swimming Pools” of Chapter 3 of the Code of Ordinances of
the Town of Trophy Club, Texas, is hereby amended, so that Section (I), entitled
“Draining of Swimming Pools” of Section 15.04 entitled “Swimming “Pools” is hereby
amended to be and read in its entirety as follows:
“Section 15.04 Swimming Pools
I. Draining of Swimming Pools
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1. All backwash or drainage from a swimming pool shall discharge into the
sanitary sewer system. An indirect connection shall be made by means of
an air break discharging into a tail piece installed a minimum of 6” or 152
mm above adjacent grade. The tailpiece shall be connected to a minimum
3” or 76 mm p-trap not less than 12” (304 mm) below grade which
discharges into the yard cleanout riser.
2. Owners of pools built or permitted prior to July 1, 2005 shall have until
________ 1, 20___ to comply with subsection 1 above or to obtain a
Compliance Permit in accordance with subsection 3 below.
3. As an alternative to meeting the requirements of subsection 1 above,
Owners of pools built or permitted prior to July 1, 2005, may obtain approval
for an alternate disposal process for all swimming pool backwash. An
application for approval of an alternate disposal process may be obtained
from the Town’s Permitting Department. The Compliance Permit shall not
allow for any backwash or drainage water to be pumped or drained directly
or indirectly to adjacent public or private property, including without
limitation, streets, storm sewers or surface waters. The Compliance Permit
may allow for drainage if drainage remains on the Permittee’s property and
Permittee properly disposes of all filter backwashes into the trash as
required by the Compliance Permit. Additionally, the Compliance Permit
may allow for the drainage of de-chlorinated water to the curb and gutter in
accordance with the requirements of the Compliance Permit.
4. Failure to comply with this Section shall be unlawful and shall constitute a
violation of this Article.”
SECTION 3.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances relating to swimming
pools and shall not repeal any of the provisions of such Ordinances except for those
instances where there are direct conflicts with the provisions of this Ordinance and
Ordinance No. 2007-16. In the event that there is a conflict between the provisions
adopted via this Ordinance and those contained in Ordinance No. 2007-16, the
provisions of this Ordinance shall control and the conflicting provisions of Ordinance No.
2007-16 are hereby repealed. Ordinances or parts thereof in force at the time this
Ordinance shall take effect and that are inconsistent with this Ordinance are hereby
repealed to the extent that they are inconsistent with this Ordinance. Provided however,
that any complaint, action, claim or lawsuit which has been initiated or has arisen under
or pursuant to Ordinance No. 2007-16, on the date of adoption of this Ordinance shall
continue to be governed by the provisions of such Ordinance and for that purpose the
Ordinance shall remain in full force and effect.
SECTION 4.
SAVINGS
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All rights and remedies of the Town of Trophy Club, Texas, are expressly saved
as to any and all violations of the provisions of any other Ordinance affecting swimming
pool regulations which have secured at the time of the effective date of this Ordinance;
and, as to such accrued violations and all pending litigation, both civil and criminal,
whether pending in court or not, under such Ordinances same shall not be affected by
this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 5.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of this Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision hereof shall be fined, upon
conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a
separate offense shall be deemed committed each day during or on which a violation
occurs or continues.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish,
the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011
of the Texas Local Government Code.
SECTION 8.
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 as required by
Charter.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, and it is so ordained.
65
PASSED AND APPROVED by the Town of Trophy Club, Texas this the 18th day
of August 2008.
Mayor
Town of Trophy Club, Texas
Effective
Date:
[SEAL]
ATTEST:
Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Town Attorney
Town of Trophy Club, Texas
66
TOWN OF TROPHY CLUB
100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS 76262
Ofc: 682-831-4680 / Fax: 817-490-0705
COMPLIANCE PERMIT TO
DISCHARGE SWIMMING POOL WATER
ORDINANCE NO. 2005-15
APPLICANT’S NAME: ________________________________ PHONE: _________________
APPLICANT’S ADDRESS: ______________________________________________________
CONTACT INFORMATION: _____________________________________________________
FILTRATION SYSTEM FOR POOL: ______________________________________________
POOL SERVICE COMPANY: ____________________________________________________
Name Address Phone
By signature below, I hereby agree to comply with the provisions outlined in Town Ordinance
2005-15, which states in part:
1. It shall be unlawful for any Person owning, leasing, claiming, occupying or having
supervision or control of any swimming pool to permit drainage of any swimming pool
filter backwash and/or spent diatomaceous earth to the storm drainage system, to
surface waters, or to any adjacent public or private property or to permit drainage of
any swimming pool water to overflow onto a neighbor’s property or to any surface
waters.
2. Draining on your own property - The filter backwash water must be collected,
contained and discharged to the sanitary sewer, if available, or to a vegetated area
contained within your property, using sandbags or berms, as necessary. Cartridge
filters should be rinsed in a sink, bathtub, or over a lawn or other vegetated area. Do
not discharge onto saturated soils or areas where there has been a recent
application of herbicides, pesticides, or fertilizers. Allow sufficient area to prevent the
ponding of water. Collect materials (such as spent diatomaceous earth filter media)
on a filter cloth placed over the discharge surface and then throw the filter cloth and
filter media in the trash upon completion of filter cleaning.
3. Draining dechlorinated pool water to the curb and gutter - Prior to draining pool
water, the pH level (between 6.5 and 8.5) shall be neutralized, and the chlorine or
other disinfectant residual shall be at or below 0.01 parts per million (ppm). The
chlorine may be allowed to naturally dissipate over 3 to 5 days or a chemical
dechlorinator shall be added to reach the desired level for dechlorinization. Typical
pool chlorine level is 2 to 4 ppm. Discharged pool water shall be free of any
chemicals in toxic amounts, including but not limited to chlorine, bromine, hydrogen
peroxide based products, copper, silver, algaecides, fungicides, soda ash, cyanuric
acid and muriatic acid and shall be free of debris, algae, or vegetation. Pool or spa
water treated with an ionizer or mineral purifiers shall not be discharged to the curb
and gutter. If using a discharge hose to drain pool water, the hose shall be long
67
enough to reach the curb to prevent soil erosion. This method shall only be allowed
when there are no flooding problems on your street.
4. Drain to sewer clean-out – Residences without capabilities to drain and contain
pool filter backwash onto their property or who do not obtain a Compliance Permit,
shall have their systems retrofitted to connect to the sanitary sewer collection system
via their cleanout.
________________________ _________________
Signature of Permit Holder Date
____________________________ _____________________
Permitting Official Signature Date
68
FAQ’s - Frequently Asked Questions
¾ Is draining and backwashing a pool considered the same?
No. Draining a pool is when pool water is pulled directly from the pool bypassing the filter
system. Backwashing is when water is being pulled from/through the filter, to clean the pool’s
filter. The purpose of backwashing is to clean the filter system and remove any contamination
including the filter media, whether it is sand or diatomaceous earth.
¾ May I backwash my pool to the street?
Backwashing to the street is not allowed. Backwashing shall be sent to the sanitary sewer by
means of the cleanout usually located next to the foundation, either in the front or backyard OR
you can backwash onto your own lawn/property provided the backwash and all of its contents
remains on your property and does not run onto another’s property, to the street or to any surface
water. All filter media from backwashing shall be bagged and put in the trash.
¾ May I drain my pool to the street?
You may drain your dechlorinated pool water to the street as long as the pH level of the water is
neutralized (between 6.5 and 8.5), and the chlorine or other disinfectant residual is at or below
0.01 parts per million (ppm). Discharged pool water shall be free of any chemicals in toxic
amounts, including but not limited to chlorine, bromine, hydrogen peroxide based products,
copper, silver, algaecides, fungicides, soda ash, cyanuric acid and muriatic acid and shall be free
of debris, algae, or vegetation. Pool or spa water treated with an ionizer or mineral purifiers shall
not be discharged to the curb and gutter. A compliance permit to discharge swimming pool water
shall be obtained PRIOR TO draining to the street.
¾ How would I go about retrofitting my system to backwash to the sanitary sewer?
If you currently backwash to the street and need to equip your system to backwash to the sanitary
sewer, a line will need to be installed to run directly from your pool pump to the sanitary sewer
cleanout. A direct connection to the cleanout, the house’s lateral line, or the Town’s main sewer
line is not allowed. Instead a p-trap shall be installed at the house cleanout with a minimum 6”
inch air gap between the p-trap and the pool discharge line.
¾ I currently backwash to the street, what are of my options?
First option is retrofit your discharge line to backwash to the sanitary sewer (see above). Second
option is to backwash onto your own property (described above) Third option is to have your pool
filter system changed out to a more self-contained system that does not require backwashing; i.e.
???.
¾ What if my pool service handles all my pool needs?
Your pool service should be very familiar with these regulations, as most cities have already put
these practices into place. If they have additional questions, have them contact Mary Moore,
Environmental Coordinator at 682.831.4685.
69
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-18-2008
Subject: Agenda Item No.D.4
Discuss and provide input/take appropriate action regarding an Agreement
for Professional Services between Jacobs Engineering Group and the
Town of Trophy Club for Construction Phase Services related to the
Northwest Parkway and Parkview Realignment and Medlin Middle School
Drop-Off.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(bse)
Attachments: 1. Agreement
70
AGREEMENT
FOR
PROFESSIONAL SERVICES
BETWEEN
JACOBS ENGINEERING GROUP INC
AND
THE TOWN OF TROPHY CLUB
71
AGREEMENT FOR
PROFESSIONAL SERVICES
TABLE OF CONTENTS
ARTICLE 1 General Obligations of Engineer 1
ARTICLE 2 Compensation 1
ARTICLE 3 Payments 1
ARTICLE 4 Term of Service 1
ARTICLE 5 Changes in Scope of Services 2
ARTICLE 6 Warranty 2
ARTICLE 7 Indemnification 2
ARTICLE 8 Limitation of Liability 3
ARTICLE 9 Insurance 3
ARTICLE 10 Relationship of Engineer to Client 3
ARTICLE 11 Personnel 3
ARTICLE 12 Ownership of Instruments of Service and Data 4
ARTICLE 13 Permits and Licenses 4
ARTICLE 14 Adherence to Laws 4
ARTICLE 15 Nondisclosure of Proprietary and
Confidential Materials 4
ARTICLE 16 Certification or Sealing of Instruments of Services
by Professional Engineer 5
ARTICLE 17 Force Majeure 5
ARTICLE 18 Project Delay 5
ARTICLE 19 Construction Phase Services 6
ARTICLE 20 Governing Law 6
ARTICLE 21 Alternate Dispute Resolution 6
ARTICLE 22 Notices and/or Communications 7
ARTICLE 23 Miscellaneous 8
72
AGREEMENT FOR
PROFESSIONAL SERVICES
THIS AGREEMENT, made and executed as of the ______ day of ___________, 20__
by and between JACOBS ENGINEERING GROUP INC, with a place of business at
7950 Elmbrook Drive, Dallas, Texas (hereinafter called “Engineer”) and The Town of
Trophy Club with a place of business at 100 Municipal Drive, Trophy Club, Texas
(hereinafter called “Client”), collectively referred to herein as “Parties”, provides as
follows:
ARTICLE 1
GENERAL OBLIGATIONS OF ENGINEER
The description of the Client’s project (the “Project”) and scope of services (hereinafter
“Services”) to be provided to Client is stated in a formal Proposal from Engineer dated
May 28, 2008 (the “Proposal”). The Proposal attached hereto as a copy is made a part
of this Agreement and is incorporated herein as Exhibit A.
ARTICLE 2
COMPENSATION
Engineer will be compensated for Services as set forth in the Proposal in an amount not
to exceed ONE HUNDRED TWENTY ONE THOUSAND ONE HUNDRED AND FIFTY
AND NO/100 DOLLARS ($121,150.00).
ARTICLE 3
PAYMENTS
Engineer will submit monthly invoices for compensation and expenses by electronic
transmission. Payments will be due within 30 days after receipt of invoices and shall be
made by electronic funds transfer to the bank and account designated in the invoice.
Past due amounts will accrue interest at one and one-half percent (1½%) per month,
without limiting other remedies. Such payments terms will exclude invoices which have
been disputed in good faith by Client, until Engineer and Client resolve such disputed
amounts.
ARTICLE 4
TERM OF SERVICE
Engineer shall make its best efforts to complete its Services for the Project within the
time period set forth in the Proposal. This contract shall take effect upon execution by
both parties and shall remain in effect for a period of two (2) years unless terminated
earlier as provided herein.
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ARTICLE 5
CHANGES IN SCOPE OF SERVICES
Client may, at any time, make changes in the scope of Services for the Project or in the
definition of Services to be performed. In the event Client notifies Engineer of its desire
to make a change in the scope of Services that may change the cost of performance,
Engineer shall, within ten (10) working days after receiving such notice, give Client
notification of any potential change in price for the Services. Equitable adjustments to
price and time of performance resulting from scope of Services changes will be
negotiated and upon mutual agreement by Client and Engineer, this Agreement will be
modified by a written instrument, signed by both parties, to reflect the changes in scope
of Services, price and schedule.
ARTICLE 6
WARRANTY
A. Engineer warrants that its engineering, design and consulting Services will be
performed in accordance with generally accepted standards in the industry.
Following completion of its Services and for a period of twelve (12) months
thereafter, if the Services provided hereunder do not conform to the warranty above
stated and the same is reported to Engineer by Client in writing promptly after
recognition thereof, Engineer shall, at no cost to Client, furnish all remedial
engineering, design or consulting Services required in connection therewith as soon
as reasonably possible after receipt of such report from Client.
ARTICLE 7
INDEMNIFICATION
A. Engineer shall release defend, indemnify and hold the Client harmless from all
claims, liabilities, demands, costs, expenses (including attorneys’ fees) and causes
of action arising out of third party claims for bodily injury (including death) and
damage to tangible property to the extent caused by a negligent act or omission of
Engineer, its employee or subconsultant.
B. To the extent allowed by law, Client will defend, indemnify and hold Engineer
harmless from all claims, liabilities, demands, costs, expenses (including attorneys’
fees) and causes of action arising out of any third party claims for bodily injury
(including death) and damage to tangible property to the extent caused by a
negligent act or omission of Client, its employee or other contractor.
ARTICLE 8
LIMITATION OF LIABILITY
The total aggregate liability of Engineer arising out of the performance or breach of this
Agreement shall not exceed $100,000.00. Notwithstanding any other provision of this
Agreement, Engineer shall have no liability to the Client for contingent, consequential or
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other indirect damages including, without limitation, damages for loss of use, revenue or
profit; operating costs and facility downtime; or other similar business interruption
losses, however the same may be caused. The limitations and exclusions of liability set
forth in this Article shall apply regardless of the fault, breach of contract, tort (including
negligence), strict liability or otherwise of Engineer, its employees or subconsultants.
ARTICLE 9
INSURANCE
A. During the term of this Agreement, Engineer shall, at its sole expense, secure and
maintain in force policies of insurance of the following types:
1. Workers’ compensation coverage in accordance with the statutory
requirements of the jurisdiction in which services are to be performed.
2. Employer’s liability insurance with a minimum of $250,000.
3. Comprehensive General Liability Insurance, subject to a limit for bodily injury
and property damage combined of at least $1,000,000 aggregate.
4. Automobile liability insurance subject to a limit for bodily injury and property
damage combined, of at least $1,000,000 per occurrence.
B. Engineer shall furnish Client certificates of insurance evidencing the insurance
coverages required in this Article 9. The certificates shall stipulate that should any
of the above insurance policies be cancelled before the termination of this
Agreement, the issuing company will endeavor to mail thirty (30) days’ written
notice to Client. Client shall be named as an additional insured on the
comprehensive general liability, automobile liability and Engineer shall provide a
waiver of subrogation compensation coverage shall be provided in favor of the
Client.
ARTICLE 10
RELATIONSHIP OF ENGINEER TO CLIENT
The Engineer shall be and shall operate as an independent contractor with respect to
the Services performed under this Agreement and shall not be nor operate as an agent
or employee of Client. This Agreement is not intended to be one of hiring under the
provisions of a Workers’ Compensation statute or other law and shall not be so
construed.
ARTICLE 11
PERSONNEL
Engineer agrees that during Engineer’s performance of Services hereunder, adequate
provision shall be made to staff and retain the services of such competent personnel as
may be appropriate or necessary for the performance of such Services. Client shall
have the right to review the personnel assigned by Engineer, and Engineer shall
remove any personnel not acceptable to Client. Engineer may remove personnel
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assigned to the Project without Client’s prior approval, provided the progress of the
Services shall not be unreasonably impaired.
ARTICLE 12
OWNERSHIP OF INSTRUMENTS OF SERVICE AND DATA
All materials and information that are the property of Client and all copies or duplications
thereof shall be delivered to Client by Engineer, if requested by Client, upon completion
of Services. Engineer may retain one complete set of reproducible copies of all of its
instruments of service.
ARTICLE 13
PERMITS AND LICENSES
Engineer represents to Client that it has and will maintain during the performance of the
Services under this Agreement any permits or licenses which, under the regulations of
federal, state, or local governmental authority, it may be required to maintain in order to
perform the Services.
ARTICLE 14
ADHERENCE TO LAWS
Engineer shall adhere to federal, state, and local laws, rules, regulations, and
ordinances applicable to performance of the Services hereunder including, without
limitation, all applicable provisions of federal and state law relating to equal employment
opportunity and non-discrimination.
ARTICLE 15
NONDISCLOSURE OF PROPRIETARY AND
CONFIDENTIAL MATERIALS
Client and Engineer agree that any disclosure will be made on the following basis:
A. Confidential Client Information (“Primary Data”) disclosed to Engineer which is
identified in writing by Client as proprietary to Client shall be: (1) safeguarded, (2)
maintained in confidence, and (3) made available by Engineer only to those of its
employees or others who have a need-to-know and agree to equivalent conditions
pertaining to nondisclosure as contained herein.
B. Upon completion of the Project or sooner if Client so requests, the Engineer shall
return to Client’s representative all Primary Data furnished to the Engineer under
this Agreement and shall, if requested, deliver to the Client’s representative all
drawings, schedules, calculations, and other documents generated by Engineer for
use in connection with the Project (“Secondary Data”).
C. Engineer shall not use for itself or to disclose to third parties any Primary Data or
Secondary Data without the prior written consent of Client.
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D. The nondisclosure obligations pertaining to Primary and Secondary Data shall
terminate three (3) years from date Engineer’s association with this Project
terminates. The nondisclosure obligations shall not apply to any data which:
1. Was known to the Engineer (and previously unrestricted) before disclosure of
Primary Data to Engineer under this Agreement or before generation of
Secondary Data;
2. Is subsequently acquired by the Engineer from a third party who is not in
default of any obligation restricting the disclosure of such information; or
3. Is subsequently available or becomes generally available to the public.
E. Notwithstanding this nondisclosure obligation, Engineer may nevertheless draw
upon its experience in its future association with other clients.
ARTICLE 16
CERTIFICATION OR SEALING OF INSTRUMENTS OF SERVICE BY
PROFESSIONAL ENGINEER
All specifications, drawings, and other engineering documents that are prepared by
Engineer shall be certified or sealed by a registered professional engineer. Such
certifications or seals shall be valid for the state in which the specifications, drawings, or
other engineering documents are to be used or applied.
ARTICLE 17
FORCE MAJEURE
Any delays in or failure of performance by Engineer or Client, other than the payment of
money, shall not constitute default hereunder if and to the extent such delays or failures
of performance are caused by occurrences beyond the reasonable control of Client or
Engineer, as the case may be, including but not limited to, acts of God or the public
enemy; compliance with any order or request of any governmental authority; fires,
floods, explosion, accidents; riots, strikes or other concerted acts of workmen, whether
direct or indirect; or any causes, whether or not of the same class or kind as those
specifically named above, which are not within the reasonable control of Client or
Engineer respectively. In the event that any event of force majeure as herein defined
occurs, Engineer shall be entitled to a reasonable extension of time for performance of
its Services under this Agreement.
ARTICLE 18
PROJECT DELAY
If the Engineer’s proposal calls for provision of its Services under a guaranteed
maximum price, fixed fee, or stipulated lump sum basis and the Engineer’s work on any
phase of the Services is extended by one or more delays, other than force majeure,
which are not attributable in whole or in part to the fault of Engineer, then the
guaranteed maximum price, fixed fee, or stipulated lump sum, as the case may be, shall
be equitably adjusted.
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ARTICLE 19
CONSTRUCTION PHASE SERVICES
If this Agreement includes the furnishing of any Services during the construction phase
of the Project, the following terms will apply:
A. If Engineer is called upon to observe the work of Client’s construction contractor(s)
for the detection of defects or deficiencies in such work, Engineer will not bear any
responsibility or liability for such defects or deficiencies or for the failure to so
detect. Engineer shall not make inspections or reviews of the safety programs or
procedures of the construction contractor(s), and shall not review their work for the
purpose of ensuring their compliance with safety standards.
B. If Engineer is called upon to review submittals from construction contractors,
Engineer shall review and approve or take other appropriate action upon
construction contractor(s)’ submittals such as shop drawings, product data and
samples, but only for the limited purpose of checking for conformance with
information given and the design concept expressed in the contract documents.
The Engineer’s action shall be taken with such reasonable promptness as to cause
no delay in the work while allowing sufficient time in the Engineer’s professional
judgment to permit adequate review. Review of such submittals will not be
conducted for the purpose of determining the accuracy and completeness of other
details such as dimensions and quantities or for substantiating instructions for
installation or performance of equipment or systems designed by the construction
contractor, all of which remain the responsibility of the construction contractor. The
Engineer’s review shall not constitute approval of safety precautions or of
construction means, methods, techniques, sequences or procedures. The
Engineer’s approval of a specific item shall not indicate approval of an assembly of
which the item is a component.
C. Engineer shall not assume any responsibility or liability for performance of the
construction services, or for the safety of persons and property during construction,
or for compliance with federal, state and local statutes, rules, regulations and codes
applicable to the conduct of the construction services.
D. All services performed by others, including construction contractors and their
subcontractors, shall be warranted only by such others and not by the Engineer.
ARTICLE 20
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the
State of Texas. Exclusive venue shall lie in Denton County, Texas.
ARTICLE 21
ALTERNATE DISPUTE RESOLUTION
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A. Client and Engineer understand and appreciate that their long term mutual interests
will be best served by affecting a rapid and fair resolution of any claims or disputes
which may arise out of this Agreement. Therefore, both Parties agree to use their
best efforts to resolve all such disputes as rapidly as possible on a fair and
equitable basis. Toward this end both Parties agree to develop and follow a
process for presenting, rapidly assessing, and settling claims on a fair and equitable
basis.
B. If any dispute or claim arising under this Agreement cannot be resolved by the
project managers for the Parties within thirty (30) days after they identified the
problem, the Parties agree that either of them may refer the matter to a panel
consisting of one (1) executive from each party not directly involved in the claim or
dispute for review and resolution. A copy of the Agreement, agreed upon facts (and
areas of disagreement), and concise summary of the basis for each side’s
contentions will be provided to both executives who shall review the same, confer,
and attempt to reach a mutual resolution of the issue.
C. If the dispute is not resolved under the process set forth in Section B, the Parties
agree to utilize mediation to further attempt to resolve the dispute. Such mediation
shall occur within fifteen (15) days after utilization of the process outlined in Section
B.
D. The costs of the Mediator shall be borne equally by the Parties. Each Party will
bear its own costs of mediation.
E. Neither party hereto waives its right to file a lawsuit; however, compliance with this
Article shall be a prerequisite to filing suit.
ARTICLE 22
NOTICES AND/OR COMMUNICATIONS
All notices and/or communications to be given under this Agreement shall be in writing
and shall be addressed as follows:
To Engineer To Client
Original to: Kyle Salzman, P.E. Original to: Brandon Emmons
Position: Project Manager Position: Town Manager
Address: Jacobs Engineering Group, Inc. Address: Town of Tropy
7950 Elmbrook Drive 100 Municipal Drive
Dallas, TX 75247 Trophy Club, TX 76262
Either party may, by written notice to the other, change the representative or the
address to which such notices, certificates, or communications are to be sent.
Any notice or communication required in writing hereunder shall be given by registered,
certified, or first class mail (postage required), TWX, telex, or telecopy addressed to the
party at its address set forth above. Communications by TWX, telex, or telecopy shall
be confirmed by depositing a copy on the same day with the U.S. Post Office for
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transmission by registered, certified, or first class mail in an envelope properly
addressed. The postmark date of notices sent by mail (except for confirmatory notices)
shall be the date of notice.
ARTICLE 23
MISCELLANEOUS
A. Waiver. Waiver by either party of any breach or failure to enforce any of the terms
and conditions of this Agreement at any time shall not in any way effect, limit, or
waive such party’s rights thereafter to enforce and compel strict compliance with all
the terms and conditions of this Agreement.
B. Severability. Any provision of this Agreement prohibited by law shall be ineffective
to the extent of such prohibition without invalidating the remaining provisions of this
Agreement.
C. Rights and Remedies. The specific remedies set forth in this Agreement, including
but not limited to those remedies with respect to the quality of the Services
performed by Engineer hereunder, are the exclusive remedies of the Parties.
D. Transfer of Ownership. Client represents that either it is the sole owner of the
facilities which are the object of the Services or that it is authorized to act as Paying
Agent for all owners of such facilities; provided however, that Client has only that
authority specifically provided to it pursuant to the Interlocal Cooperation Agreement
for Road And Utility Improvements to the Northwest Parkway Proposed Connector
Road executed on or about May 19, 2008, by and between Client, the City of
Roanoke, Northwest Independent School District and Denton County.
E. Entirety of Agreement. This Agreement constitutes the entire Agreement between
the parties with respect to the subject matter hereof and supersedes all prior
negotiations and discussions concerning the subject matter hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be
effective as of the date first above written.
ENGINEER: CLIENT:
JACOBS ENGINEERING GROUP INC. THE TOWN OF TROPHY
By: ____________________________ By: ______________________________
Title: ___________________________ Title: _____________________________
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ATTEST:
____________________________
Town Secretary
APPROVED AS TO FORM
____________________________
Town Attorney
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EXHIBIT A
SCOPE OF SERVICES
Carter & Burgess, Inc. appreciates the opportunity to submit this proposal for professional services for
construction phase services for Northwest Parkway and Parkview Realignment in the Town of Trophy Club,
unincorporated Denton County, and Roanoke, Denton County, Texas as shown on the attached Exhibit
“Proposed Connector Road Segment Exhibit – September 6, 2007”. This proposal is based on the following
assumptions:
• All negotiations and coordination with adjoining property owners regarding right-of-way or
easement acquisition will be by others.
• Geotechnical services will be performed by others.
• Site will be cleared prior to grading stakes being set.
• The limits of the proposed design are to the curb returns of the improvements on U.S. 377 (by
others). Carter & Burgess will coordinate paving and utility connections with the engineer of
the U.S. 377 improvements.
• The improvements proposed will be managed as one project with no consideration given to
the “segments” determined during the preliminary engineering stage.
• Construction inspection will be performed by others.
• Franchise utility construction coordination will be performed by others.
SCOPE OF SERVICES
I. BASIC SERVICES
A. CONSTRUCTION PHASE SERVICES
1. Construction Administration
Carter & Burgess will perform the following services:
a.) Attend Pre-Bid Conferences, including the preparation of required addenda.
b.) Attend Pre-Construction Conferences with the successful Contractor and the
municipalities to discuss the project in detail.
c.) Make periodic visits to the site to observe the progress and quality of all
construction activity and to determine, in general, if the work is proceeding in
accordance with the Contract Documents. This quality review should not be
in lieu of work performed by Town Inspectors, but will be more general in
nature. Periodic site visits will consists of one (1) site visit per week for three
(3) hours each, for the estimated 32 week construction duration.
d.) Attend Final Walk-Through of the project with Town Inspectors.
e.) Consult with and advise the Client, issue instructions to the Contractors as
requested by the Client, and prepare routine change orders as required.
f.) Review monthly and final estimates for payment to Contractor in accordance
with the Contract Documents.
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g.) Revise Contract Drawings, based on “redline” drawings supplied by the
Contractor, to show the work as constructed. Furnish a set of prints of these
revised drawings to the Client.
II. SPECIAL SERVICES
A. CONSTRUCTION SURVEYING – STORM SEWER AND PAVING
1. Clearing Stakes
Carter & Burgess will stake approximately 8,400 linear feet of street right-of-way to
define the limits of clearing and perimeter erosion control
2. Street Grading Stakes
One (1) set of grade stakes shall be set on 100’ centers on both sides of the rights-of-
way to indicate alignment and grade, except curves, where 50’ centers will be staked.
Contractor shall be responsible for retaining stakes.
3. Storm Sewer Stakes
Carter & Burgess will provide one (1) complete set of alignment and grade stakes on
100’ centers on tangents and 50’ centers on curves for all lines. In addition, all
structures, except inlets, shall be staked for centerline location and grade. Inlets shall
be staked with two (2) stakes on each side of the inlet at a 15’ o.s. from the back of
the curb for alignment and grade and shall be staked at the same time the trunk
storm sewer line is staked.
4. Street Paving Stakes
Carter & Burgess will provide one (1) complete set of alignment and grade staked on
100’ centers. All vertical and horizontal curves shall be clearly staked at 50’ intervals.
5. Final Control
Carter & Burgess will set centerline and right-of-way monumentation along the
roadway alignments.
REIMBURSABLE EXPENSES AND ADDITIONAL SERVICES
1. Out-of-pocket expenses related to employee travel and mileage, courier expenses, business
conferences, and reprographics shall be reimbursed at cost plus fifteen percent (15%).
2. The cost of subcontracted services such as authorized borings, materials testing, and other
specialized services by outside consultants shall be paid directly by the Client.
3. Cost of permits or fees required by regulatory agencies or departments obtained for the Client shall be
reimbursed at cost plus fifteen percent (15%). The Client will have the option to pay the fees directly.
4. Additional services required by the Client, which may arise and are not outlined above shall be
compensated on an hourly basis.
5. Sales tax as required by state law for surveying and professional services.
6. Restaking charges shall be itemized individually and invoiced to Client for backcharge to the
respective Contractor. The prices quoted in this contract are based on survey crews working full days.
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In the event that work is requested that does not require a full day, set-up and travel time will be
charged at the hourly rates supplied.
7. Staking landscape areas, screening walls and retaining walls.
COMPENSATION
I. BASIC SERVICES
A. Construction Phase
1. Construction Administration
Lump Sum....................................................................................................$40,000.00
Sub-Total Basic Services...............................................$40,000.00
II. SPECIAL SERVICES
A. Construction Surveying – Storm Sewer and Paving
1. Clearing Stakes
Lump Sum......................................................................................................$8,500.00
2. Street Grading Stakes
Lump Sum....................................................................................................$20,500.00
3. Storm Sewer Stakes
Lump Sum....................................................................................................$15,650.00
4. Street Paving Stakes
Lump Sum....................................................................................................$23,500.00
5. Final Control
Lump Sum....................................................................................................$13,000.00
Sub-Total Special Services............................................$81,150.00
TOTAL CONTRACT AMOUNT......................................$121,150.00
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-18-2008
Subject: Agenda Item No.D.5
Discuss and take appropriate action regarding a resolution amending
Resolution 2008-01 authorizing the creation of a Charter Review
Commission.
EXPLANATION:
Resolution to be provided under separate cover.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
85
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-18-2008
Subject: Agenda Item No.D.6
Items for Future Agenda.
EXPLANATION:
On August 4, 2008, Council removed Town Council to provide direction the P & Z
Commission regarding Mr. Kaler’s Ordinance ideas and requested that at least the
signage for Skyline, Item 3 come back as soon as time permits.
RECOMMENDATION:
ACTION BY COUNCIL:
1. Review of the Property Maintenance Ordinance. (Council member Cates)
2. 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)
3. Discuss and receive input regarding an Ordinance amending Article II, ”Traffic and
Vehicles” of the Code of Ordinances relating to the State regulations for speed limit
reduction and readdress the speed limit and signage on Skyline Drive. (Council
member Wilson and Moss – 4/21/08)
4. Town Manager Emmons to report on the sound barrier issues on the east side and
TXDOT, and discussion of same. (Council member Wilson)
5. Establish and implement a process for Hotel inspections. (Mayor Pro Tem Edstrom
added on 1/21/08)
6. Review the Citizen of the Year guidelines, criteria and voting process. (Mayor Pro
Tem Edstrom – 1/21/08)
7. Discuss and take appropriate action regarding possible means to control the Garage
Sale traffic. (Council member Cates – 4/21/08)
8. Discuss and consider options to approve the upkeep of rental property, with or
without creating a Building Standard Commission. (Mayor Pro Tem Edstrom –
4/21/08)
9. Discuss and take appropriate action regarding crosswalks going from Summit Cove,
crossing Trophy Club Drive to the Country Club (Council member Wilson – 4/21/08)
10. Discuss and take appropriate action regarding a Library Focus Group. (Council
member Wilson – 4/21/08)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-18-2008
Subject: Agenda Item No.D.7
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.
(b)Town Council report from EDC 4B Liaison, Council member
Strother.
(c) Town Council report from Master District Liaison, Council
member Wilson.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-18-2008
Subject: Agenda Item No.E.1
Pursuant to Texas Government Code, Annotated, Subchapter 551, Section
551.072 Deliberation Regarding Real Property and Section 551.071 (1) and
(2) "Consultation with Attorney", the Council will enter into executive
session to discuss the following:
(1) Potential purchase of land at 300 Trophy Club Drive and/or additional
locations within the Town for future joint Police and Fire facility and legal
advice related to potential future sites and land acquisition.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
88
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-18-2008
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
89
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-18-2008
Subject: Agenda Item No.F.1
Adjourn.