Agenda Packet TC 12/15/2008Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, December 15, 2008
7:00 P.M.
A.1 Call to order and announce a quorum.
A.2 Invocation.
A.3 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God,
one and indivisible."
A.4 Citizen Presentations: this is an opportunity for citizens to address the Council on
any matter whether or not it is posted on the agenda. The Council is not
permitted to take action on or discuss any presentations made to the Council at
this time concerning an item not listed on the agenda. The Council will hear
presentations on specific agenda items prior to the Council addressing those
items. 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.
B.1 Consent Agenda: Discuss and take appropriate action authorizing the
expenditure from GASB/34 for replacement printers.
C.1 Discuss and take appropriate action regarding the adoption of the Master Park
Plan.
C.2 Discuss and take appropriate action regarding an Ordinance amending Section
2.01 entitled "Appointments" of Article II, entitled "Presiding Judge" of Chapter 7
entitled "Municipal Court" of the Code of Ordinances to re-appoint and extend the
term of the current Presiding and Alternate Judges to January, 2011.
A. Mayor Sanders to administer the Oaths of Offices.
C.3 Discuss and take appropriate action regarding an Ordinance amending various
sections of Article VIII, "Schedule of Fees", Chapter 1 of the Code of Ordinances,
entitled Administration", including Sub-Sections 8.02, 8.03, 8.06, and 8.16.
C.4 Discuss and take appropriate action regarding an Interlocal Cooperation
Agreement for Fire Protection Services between Trophy Club Municipal Utility
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District No. 1, Trophy Club Municipal Utility District No. 2 and the Town of
Trophy Club.
C.5 Discuss and take appropriate action regarding the Citizen of the Year guidelines,
criteria and voting process, consider moving the deadlines for submission of
nominees, and changing the selection of Citizen of the Year to the month of May.
C.6 Discuss and take appropriate action regarding the award/rejection of bids for a
500,000 Gallon Elevated Storage Water Tank, and authorizing the Town
Manager or his designee to execute all necessary contract documents.
C.7 Discuss and take appropriate action regarding an Ordinance amending Section
1.10 entitled "Impounding of Animals" of Article I entitled "Animals" of Chapter 2
entitled "Animal Control" of the Code of Ordinances by adding subsection F
entitled "Surrender of Animals" and setting forth certain regulations relating to the
surrender of domestic animals.
C.8 Discuss and take appropriate action regarding policies and procedures for
implementing a community wide survey program.
C.9 Discuss and take appropriate action regarding an exception to the Handbook for
Elected and Appointed Officials.
C.10 Discuss and take appropriate action regarding Council involvement with and
input to the Charter Review Commission and regarding any necessary
amendments to Resolution 2008-20.
C.11 Discuss and provide direction to the Town of Trophy Club Council
representatives serving on the Municipal Utility District Consolidation Task Force.
C.12 General discussion regarding potential legislative issues during the 2009 Texas
Legislative session that would likely impact the Town of Trophy Club.
C.13 Town Manager's Report:
1. McLain Report Payment Update
2. Intergovernment Contract for Employee Services
C.14 Items for Future Agenda.
D.1 Adjourn.
2
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-15-2008
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
3
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-15-2008
Subject: Agenda Item No.A.2
Invocation.
Invocation to be offered by Fire Chief Thomas.
4
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-15-2008
Subject: Agenda Item No.A.3
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state
under God, one and indivisible."
Pledges will be led by Council member Wilson.
5
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-15-2008
Subject: Agenda Item No.A.4
Citizen Presentations: this is an opportunity for citizens to address the
Council on any matter whether or not it is posted on the agenda. The
Council is not permitted to take action on or discuss any presentations
made to the Council at this time concerning an item not listed on the
agenda. The Council will hear presentations on specific agenda items prior
to the Council addressing those items. 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: 12-15-2008
Subject: Agenda Item No.B.1
Consent Agenda: Discuss and take appropriate action authorizing the
expenditure from GASB/34 for replacement printers.
EXPLANATION:
We would like authorization to expend $6,418.50 from the GASB/34 reserve to replace
2 color printers in public works and the police station. Both printers have major failing
parts and would take more then $1,500 each to repair. The printers have had 7 service
calls place over the past 6 weeks. We are also running in to print quality issues that can
only be resolved with a new print engine.
We are replacing the color printer in the public works area with an HP5550dtn. This is a
shared printer with the cost being $2,139.50 each.
We are replacing the color printer in the police station with an HP5550dtn. The cost is
$4,279.00
Total cost for Town from GASB/34: $6,418.50
Total cost for MUD from GASB/34: $2,139.50
RECOMMENDATION:
Staff recommends authorizing expensing $6,418.50 from the Town GASB/34 account to
replace both printers.
ACTION BY COUNCIL:
(mp)
7
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-15-2008
Subject: Agenda Item No.C.1
Discuss and take appropriate action regarding the adoption of the Master
Park Plan.
EXPLANATION:
Council discussed the Comprehensive Park Plan at their November 17, 2008
meeting and staff is now bringing the document back for adoption. Staff will have
a small presentation at this meeting to review the key points contained within the
document. Following the adoption of the document, Council will receive bound
copies of the plan and staff will move forward to schedule a Town Hall meeting
concerning the plan.
RECOMMENDATION:
ACTION BY COUNCIL:
(aa)
Attachments: CD of the Park Plan is included.
8
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-15-2008
Subject: Agenda Item No.C.2
Discuss and take appropriate action regarding an Ordinance amending
Section 2.01 entitled "Appointments" of Article II, entitled "Presiding
Judge" of Chapter 7 entitled "Municipal Court" of the Code of Ordinances
to re-appoint and extend the term of the current Presiding and Alternate
Judges to January, 2011.
A. May r Sanders to administer the Oaths of Offices. o
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Ordinance
9
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2008 -
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING SECTION 2.01 ENTITLED “APPOINTMENTS” OF
ARTICLE II, ENTITLED “PRESIDING JUDGE” OF CHAPTER 7
ENTITLED “MUNICIPAL COURT” OF THE CODE OF ORDINANCES
OF THE TOWN BY PROVIDING FOR THE APPOINTMENT OF A
PRESIDING JUDGE AND ALTERNATE MUNICIPAL COURT JUDGES
WITH TERMS COMMENCING UPON THE EXPIRATION OF THE
CURRENT TERM ON JANUARY 3, 2009, AND EXPIRING ON
JANUARY 3, 2011; PROVIDING A CUMULATIVE REPEALER
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town’s Home Rule Charter provides for Council appointment of
Municipal Court Judges for the Trophy Club Municipal Court of Record No. 1 for two
year terms; and
WHEREAS, Chapter 7, Article II, Section 2.01 of the Code of Ordinances
appoints certain individuals to serve in the capacity of Judge and Alternate Judge with
terms of office expiring on January 3, 2009; and
WHEREAS, Council determines it necessary and appropriate to revise Section
2.01 Entitled “Appointments’ of Article II entitled “Presiding Judge” of Chapter 7 entitled
“Municipal Court” by extending the current term and appointing a Presiding Judge and
Associate Judges for a term of two (2) years with such terms to expire on January 3,
2011.
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.
AMENDMENTS
2.01 Section 2.01 entitled “Appointments” of Article II entitled “Presiding Judge” of
Chapter 7 entitled “Municipal Court” of the Code of Ordinances of the Town is hereby
amended to be and read as follows in its entirety:
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“The Town Council hereby appoints the following individuals to the Trophy
Club Municipal Court of Record No. 1 to serve in the capacity as set forth
below:
Presiding Judge Mark D. Chambers, Jr.
Alternate Judge Warren A. Bradley
Alternate Judge Eric G. Ransleben
The appointments set forth herein are made subject to and are governed
by the provisions of this Code of Ordinances establishing and regulating
the Trophy Club Municipal Court of Record No. 1, the Texas Government
Code, as amended, and all other applicable state law. The terms of office
for the Presiding Judge and Alternate Judges shall be for a period of two
(2) years, and shall run for the remainder of their current term of office,
which expires on January 3, 2009, through January 3, 2011.”
SECTION 3.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting the appointment of Municipal Court personnel and Judges and shall not repeal
any of the provisions of such Ordinances except as specifically provided herein and 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, Section 1.05 of Article I of Chapter 7 of the
Code of Ordinances of the Town of Trophy Club and Section 2.01 of Article II of Chapter
7 of the Code of Ordinances of the Town of Trophy Club are hereby repealed in their
entirety and new Sections 1.05 and 2.01 are hereby adopted.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
declares it would have passed such remaining of the Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
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The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance by copying the exact Caption and Effective Date clause in the
minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in
the Ordinance records of the Town and by amending the Code of Ordinances to reflect
the changes adopted herein by Council.
SECTION 6.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 15th day of December, 2008.
_______________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_________________________________________
Town Attorney
Town of Trophy Club, Texas
12
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-15-2008
Subject: Agenda Item No.C.3
Discuss and take appropriate action regarding an Ordinance amending
various sections of Article VIII, "Schedule of Fees", Chapter 1 of the Code
of Ordinances, entitled Administration", including Sub-Sections 8.02, 8.03,
8.06, and 8.16.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Ordinance
13
TOWN OF TROPHY CLUB, TEXAS
TOWN ORDINANCE NO. 2008-
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS AMENDING CHAPTER 1 OF THE CODE OF
ORDINANCES, ENTITLED “ADMINISTRATION”, ARTICLE
VIII, ENTITLED “SCHEDULE OF FEES”, PROVIDING FOR
THE INCORPORATION OF PREMISES; PROVIDING FOR
AMENDMENTS BY REPEALING AND AMENDING
VARIOUS SECTIONS OF THE SCHEDULE OF FEES:
AMENDING SECTION 8.02, ENTITLED “BUILDING
DEFINITIONS”; AMENDING SECTION 8.03, ENTITLED
“COMMUNITY DEVELOPMENT DEPARTMENT”, SUB-
SECTION C ENTITLED “BUILDING (NEW
CONSTRUCTION RESIDENTIAL & COMMERCIAL)”;
AMENDING SECTION 8.03, ENTITLED “COMMUNITY
DEVELOPMENT DEPARTMENT”, SUB-SECTION F
ENTITLED “CONTRACTOR REGISTRATION”;
AMENDING SECTION 8.06, ENTITLED “ANIMAL
CONTROL” BY ADOPTING SUB-SECTION “G”
ENTITLED “EUTHANASIA”; AND AMENDING SECTION
8.16, ENTITLED “PUBLIC WORKS FOR PUBLIC
IMPROVEMENT DISTRICT NO. 1” RELATING TO A
METER FEE; AND PROVIDING A SAVINGS AND
REPEALER CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; PROVIDING A PENALTY NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR
CONTINUES; AND PROVIDING AN EFFECTIVE DATE.
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.
AMENDMENTS
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2.01 Article VIII entitled, “Schedule of Fees” of Chapter 1, entitled “Administration”,
Section 8.02, entitled “Building Definitions” of the Code of Ordinances of the Town
of Trophy Club, Texas, is hereby amended as follows to add a definition for “Open Air
Structures” to be placed in alphabetical order as part of the existing list of definitions
with all other definitions remaining the same:
Section 8.02 Building Definitions
Open Air Structures: An accessory structure detached from and incidental to the
principal building made of wood or masonry construction. This structure is open on the
sides and may or may not provide shading. This includes structures such as, but not
necessarily limited to, cabanas, pergolas, arbors, gazebos, pavilions, etc.
2.02 Article VIII entitled, “Schedule of Fees” of Chapter 1, entitled “Administration”,
Section 8.03, entitled “Community Development Department”, Subsection “C”
entitled “Building (New Construction Residential & Commercial)” of the Code of
Ordinances of the Town of Trophy Club, Texas, is hereby amended to add the following
to the table in sequential and alphabetical order, with the remainder of the table
unchanged:
Section 8.03 Community Development Department
C. Building (New Construction Residential & Commercial)
IBC/ICC
Class
IBC/ICC
Occupancy
Type
Project Size
Threshold
Base Cost at
Threshold Size
Cost for
Each
Additional
100s.f.*
U-1
Open Air
Structure 220 200 $10.00
2.03 Article VIII entitled, “Schedule of Fees” of Chapter 1, entitled “Administration”
of the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.03, entitled
“Community Development Department”, Subsection F, entitled “Contractor
Registration” is hereby amended to be and read in its entirety as follows:
F. Contractor Registration
Master Electrician Registration $75.00$
125.00
Journeyman Electrician $25.00
HVAC $25.00
$125.00
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Fire Protection $25.00
$125.00
Plumbing $25.00
$125.00
Backflow $25.00
$75.00
All License Renewal $25.00
$50.00
2.04 Article VIII entitled, “Schedule of Fees” of Chapter 1, entitled “Administration”
of the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.03, entitled
“Community Development Department”, Subsection K, entitled “Grading Permit”
is hereby amended as follows, with the remainder of Subsection K unchanged:
K. Grading Permit
> 10 acres $165.00 + $7.50 per acre for
each additional acre over 10
(ex: 15 acres - $165.00 +
$7.50 (5) = $202.50)
2.05 Article VIII entitled, “Schedule of Fees” of Chapter 1, entitled “Administration”,
Section 8.06 entitled “Animal Control” of the Code of Ordinances of the Town of
Trophy Club, Texas, is hereby amended to add Subsection G entitled “Euthanasia”,
as follows:
Section 8.06 Animal Control
G. Euthanasia:
Pay the following fees for euthanasia with
disposal based on type and or weight of animal:
Wildlife $20 per animal
Adult Dog (under 30lbs)$20 per animal
Adult Dog (over 30lbs) $30 per animal
Adult Cat $20 per animal
Kittens $20 per litter
Puppies $5 per animal
Pay the following fee for disposal ONLY (if animal is
found deceased)
Disposal only $10 per Trip
2.06 Article VIII entitled, “Schedule of Fees” of Chapter 1, entitled “Administration”,
Section 8.16, entitled “Public Works for Public Improvement District No. 1” of the
Code of Ordinances of the Town of Trophy Club, Texas, is hereby amended so that the
“Meter Fee” is as set forth below, with the remainder of that Section unchanged:
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Section 8.16 – Public Works for Public Improvement District No. 1
Meter Fee:
Domestic 1” meter $ 240.00 256.00
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting the Schedule of Fees and shall not repeal any of the provisions of such
Ordinances except in those instances where provisions of those Ordinances are in
direct conflict with the provisions of this Ordinance; whether such Ordinances are
codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy
Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall
remain in full force and effect. Notwithstanding the foregoing, any complaint, action,
cause of action or claim which prior to the effective date of this Ordinance has been
initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to
be governed by the provisions of that Ordinance and for that purpose the Ordinance
shall be deemed to remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
declares it would have passed such remaining 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 Two Thousand
Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day
17
during or on which a violation occurs or continues.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 15th day of December, 2008.
_______________________________
Mayor, Nick Sanders
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Town Secretary, Lisa Hennek
Town of Trophy Club, Texas
[SEAL]
_______________________________
Town Attorney, Patricia Adams
Town of Trophy Club, Texas
18
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-15-2008
Subject: Agenda Item No.C.4
Discuss and take appropriate action regarding an Interlocal Cooperation
Agreement for Fire Protection Services between Trophy Club Municipal
Utility District No. 1, Trophy Club Municipal Utility District No. 2 and the
Town of Trophy Club.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Interlocal Cooperation Agreement for Fire Protection Services with
changes from the December 8, 2008 Fire Station Meeting.
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THE STATE OF TEXAS)
COUNTY OF DENTON )
COUNTY OF TARRANT)
2008 INTERLOCAL COOPERATION AGREEMENT
FOR FIRE PROTECTION SERVICES
THIS INTERLOCAL COOPERATION AGREEMENT FOR FIRE PROTECTION
SERVICES (hereinafter “Agreement”) is made and entered into this ____ day of
_________, 2008, by and between Trophy Club Municipal Utility District No. 1,
Trophy Club Municipal Utility District No. 2, both districts created pursuant to Section
59, Article XVI, Texas Constitution and the Texas Water Code, Chapter 54 (hereinafter
referred to as “MUDs 1 and 2”) and the Town of Trophy Club, a Home Rule
Municipality, (hereinafter referred to as “Town”).
W I T N E S S E T H :
WHEREAS, MUDs 1 and 2 are duly organized political subdivisions of the State
of Texas engaged in the administration of fire protection and related services for the
benefit of those persons residing, traveling within, or being physically located within the
boundaries of MUDs 1 and 2 and further without limitation, the incorporated and
unincorporated limits of the Town of Trophy Club, Texas; and
WHEREAS, MUDs 1 and 2 together are owners and operators of certain
vehicles and/or other equipment designed to engage in fire-fighting activities and have
in their employ such trained personnel whose duties are related to the provision of such
services and the operation of necessary vehicles and equipment (hereinafter collectively
referred to as “Fire Functions”); and
WHEREAS, the provision of Fire Functions is a governmental function that
serves the public health and welfare, promotes efficiency and effectiveness of local
governments, and is of mutual concern to the contracting parties; and
WHEREAS, MUDs 1 and 2 are authorized to perform Fire Functions pursuant to
Section 49.351 of the Texas Water Code, the Town is individually authorized to perform
Fire Functions pursuant to its police powers, and the parties desire to enter into this
Agreement regarding the performance of Fire Functions; and
WHEREAS, the Interlocal Cooperation Act, Texas Government Code, Chapter
791, et seq., as amended (the “Act”) provides authority for governmental entities of the
State of Texas to enter into Interlocal agreements with each other regarding
governmental functions and services as set forth in the Act; and
NOW, THEREFORE, Town and MUDs 1 and 2, for and in consideration of the
recitals set forth above and terms and conditions below, agree as follows
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I.
Incorporation / Term
1.01 Incorporation of Recitals. The foregoing recitals are agreed upon and
incorporated herein as a part of this Agreement.
1.02 Term. This Agreement shall be executed by the respective authorized
representatives upon approval by each of the respective governing bodies of Town and
MUDs 1 and 2, and shall become effective beginning on January 1, 2009 for an initial
term of nine (9) months, ending on September 30, 2009. Thereafter, this Agreement
shall renew annually on October 1st for ten (10) consecutive terms of one (1) year each,
unless terminated by any party at least sixty (60) days prior to the end of each term. .
II.
Definitions
2.01 As used herein, the words and phrases hereinafter set forth shall have the
meanings as follows:
A. “Eligible Persons” shall mean those persons owning property, residing,
traveling within, or being physically located within the corporate boundaries of the
Town of Trophy Club, Texas and/or MUDs 1 and 2 and shall also include those
persons owning property, residing, traveling within, or being physically located within
the corporate boundaries of another political subdivision of the State of Texas with
whom Town and/or MUD2 and/or MUD1 have a mutual aid agreement to provide fire
protection services.
B. “Fire-fighting Activities”, “Fire Protection Services”, or “Fire Functions”
shall mean any and all of the customary and usual activities of a fire department,
including fire suppression, fire prevention, training, safety education, maintenance,
communications, photography, and administration.
III.
Obligations and Rights of the Parties
3.01 Budget and Funding
A. Budget The Director of Finance together with the Fire Chief shall prepare a
budget for Fire Protection Services. It shall be the responsibility of the Fire Chief to
certify that the budget so prepared meets the Fire Protection needs of the Eligible
Persons and allows an appropriate level of service. The budget shall be presented
to the governing board of the Master District for final approval. The Town Manager
may present the fire budget to the Town Council and forward any input to the Master
District for final approval.
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The approval of Master District under this section shall not be unreasonably
withheld.
B. Funding MUDs 1 and 2 and the Town shall share the funding of all costs
associated with Fire Protection Services provided to Eligible Persons as defined
herein, in accordance with the terms of this Agreement. Said funding shall be
accomplished as follows:
1) MUDs 1 and 2 shall fund their share of all costs associated with Fire
Protection Services provided to Eligible Persons as defined herein, in
accordance with the terms of this Agreement through the assessment and
collection of an annual Fire Tax on the property owners of MUDs 1 and 2.
2) The Town shall fund all costs associated with Fire Protection Services to
Eligible Persons by an annual assessment on and collection from Eligible
Persons owning real property and improvements thereon located within the
Town but not within MUDs 1 or 2 and levied in accordance with the Public
Improvement District Act, Chapter 372 of the Texas Local Government Code,
as amended; said assessment shall be adopted by Town Council through the
approval of the Annual Service and Assessment Plan for Authorized Services
for the Trophy Club Public Improvement District No. 1. If the beneficial
assessment determined in the SAP (Service and Assessment Plan) is an
amount different from the fire tax of MUD1, the three parties agree to
negotiate the reconciliation of the difference.
3) The proportionate share of costs to be paid by each Party hereto in each year
of this Agreement shall be determined as follows:
For each year of this Agreement, the budget for Fire Protection Services shall
consist of the total of the annual budgeted costs for fire protection services as
set forth in the budget adopted in accordance with Section 3.01 of this
Agreement. This total shall be divided by the total of the assessed values of
MUD 1, MUD 2 and the assessed values of real property and improvements
thereon owned by Eligible Persons and located within the corporate
boundaries of the Town but not within MUDs 1 or 2. The proportionate share
of the budget attributable to each shall be the proportion which the assessed
valuation of each bears to the combined assessed valuations of all three.
4) All funds that are not expended during the course of this agreement will be
applied to the next year’s budget. Conversely, shortfalls would be due by all
three (3) Entities.
5) The Parties to this Contract agree that the existing accounting procedures
for Fire Department Rent Expense are acceptable.
C. Payment: The funds so assessed and collected shall be combined and shall be
disbursed for the Fire Protection of all Eligible Persons, as defined above. Payments
22
from the Town to MUD 1 and MUD 2 for the purpose of Fire Protection Services shall be
paid to the Master District due on January 31, 2009 and on January 31 for each
successive year in which this Agreement is in effect. Payments will become past due
fifteen (15) business days after the established due date.
IV.
Consideration
The parties agree that sufficient consideration for this Agreement exists and is
found in the cross promises set forth above. Each party hereto paying for the
performance of Fire Protection Services shall make such payments from current
revenues legally available to the paying party.
V.
Default / Termination
5.01 In the event that any party hereto breaches any term or condition of this
Agreement, this Agreement may be terminated by the aggrieved party if such default is
not cured within a period of thirty (30) days after receipt of written notice of default by
the party allegedly in breach of its obligations hereunder. At the option of the aggrieved
party, if such default is not cured within the thirty (30) day period, this Agreement shall
immediately terminate without further notice.
VI.
Entire Agreement
This Agreement represents the entire and integrated agreement between the
Town and MUDs 1 and 2 and supersedes all prior negotiations, representations and/or
agreements, either written or oral. This Agreement may be amended only by written
instrument signed by all three (3) parties.
VII.
Venue
The laws of the State of Texas shall govern this Agreement and each of its terms
and provisions, including but not limited to, the rights and duties of the parties hereto,
and exclusive venue shall be in Denton County, Texas.
VIII.
Severability
In the event that any portion of this Agreement shall be found to be contrary to
law, it is the intent of the parties hereto that the remaining portions shall remain valid
and in full force and effect to the extent possible.
23
IX.
Non-Waiver
All rights, remedies and privileges permitted or available to any party under this
Agreement or at law or equity shall be cumulative and not alternative, and election of
any such right, remedy or privilege shall not constitute a waiver or exclusive election of
rights, remedies or privileges with respect to any other permitted or available right,
remedy or privilege. Additionally, one instance of forbearance by any party in the
enforcement of any such right, remedy or privilege against one or more of the other
parties, shall not constitute a waiver of such right, remedy or privilege by the forbearing
party.
X.
Signature Authority
The undersigned officer and/or agents of the parties hereto are the properly
authorized officials and have the necessary authority to execute this Agreement on
behalf of the parties hereto and each party hereby certifies to the other that any
necessary resolutions extending such authority have been duly passed and are now in
full force and effect.
EXECUTED in triplicate originals this, the _________ day of _________, 2008.
TOWN OF TROPHY CLUB, TEXAS
By____________________________
Nick Sanders, Mayor
ATTEST:
______________________________
Town Secretary
APPROVED AS TO FORM:
______________________________
Town Attorney
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TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
By_________________________
Dean Henry, President MUD 1
ATTEST:
______________________________
Constance S White, MUD 1 Secretary
APPROVED AS TO FORM:
___________________________
Robert G. West, MUD 1 Attorney
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2
By_________________________
Jim Budarf, President MUD 2
ATTEST:
______________________________
James C. Thomas, MUD 2 Secretary
APPROVED AS TO FORM:
___________________________
Pam Liston, MUD 2 Attorney
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ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF DENTON §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the ___ day of
________________, 2008 by C. Nick Sanders, Mayor, Town of Trophy Club, Texas,
on behalf of such entity.
______________________________
Notary Public in and for the
State of Texas
STATE OF TEXAS §
COUNTY OF DENTON §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the ___ day of
__________________, 2008 by Dean Henry, President of TROPHY CLUB
MUNICIPAL UTILITY DISTRICT NO. 1, on behalf of such corporation.
________________________________
Notary Public in and for the
State of Texas
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the ___ day of
__________________, 2008 by Jim Budarf, President of TROPHY CLUB MUNICIPAL
UTILITY DISTRICT NO. 2, on behalf of such corporation.
________________________________
Notary Public in and for the
State of Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-15-2008
Subject: Agenda Item No.C.5
Discuss and take appropriate action regarding the Citizen of the Year
guidelines, criteria and voting process, consider moving the deadlines for
submission of nominees, and changing the selection of Citizen of the Year
to the month of May.
EXPLANATION:
The past practice for Citizen of the Year has been to announce in December and accept
nominations through the first week in January.
In 2006 and 2007, a board comprised of former Citizen of the Year recipients has
reviewed the nominations and selected the Citizen of the Year. Prior to 2006, a board
comprised of staff members reviewed and selected the Citizen of the Year.
The Citizen of the Year has been announced at a meeting in February and in
conjunction with the Founder’s Day Reception.
Staff surveyed other cities and received the following responses:
Westlake, Roanoke, Southlake, Decatur and Northlake do not have such a program and
the City of Rockdale’s Chamber of Commerce conducts the Citizen of the Year.
RECOMMENDATION:
ACTION BY COUNCIL:
()
Attachments: 1. None
27
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-15-2008
Subject: Agenda Item No.C.6
Discuss and take appropriate action regarding the award/rejection of bids
for a 500,000 Gallon Elevated Storage Water Tank, and authorizing the
Town Manager or his designee to execute all necessary contract
documents.
EXPLANATION:
The elevated storage tank is one of the public improvements funded by the Public
Improvement District. The beneficial assessment set the ratio for the cost at 80%-20%,
with the PID paying $960,000 of the original $1,200,000 estimate. Cost overruns are
addressed in the Highlands at Trophy Club Development and Public Improvement
Agreement. In this agreement, Article VIII, Section 8.2 states that it is the responsibility
of the owner (developer) for all costs which exceed the budgeted amount. In addition to
the construction price, there are also costs associated with engineering ($83,900) and
inspections ($74,280). The total cost for this project is $1,643,780 or $443,780 over
budget.
RECOMMENDATION:
ACTION BY COUNCIL:
(bse)
Attachments: 1. Bid tab for the Trophy Club 500,000 Gallon Elevated Water Storage
Tank
2. Correspondence from Landmark
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-15-2008
Subject: Agenda Item No.C.7
Discuss and take appropriate action regarding an Ordinance amending
Section 1.10 entitled "Impounding of Animals" of Article I entitled
"Animals" of Chapter 2 entitled "Animal Control" of the Code of Ordinances
by adding subsection F entitled "Surrender of Animals" and setting forth
certain regulations relating to the surrender of domestic animals.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(sk)
Attachments: 1. Information Memorandum
2. Ordinance
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MEMORANDUM
To: Town Manager and Town Attorney Date: August 19, 2008
From: Chief Kniffen Re: Animal surrender
This summer we have been asked to receive several animals that, for various reasons,
have been surrendered by residents. Any impounded animal requires transport (in
some cases) and housing at the animal shelter. The housing of any animal requires
that the animal be fed, watered, and kept segregated from other animals.
Cats are the most problematic because they are housed inside the police building.
Numerous cats can very quickly cause an unpleasant odor to permeate the entire
building. Due to the make-up of the shelter, however, there is not anywhere else to
house them.
We have begun to collect the required fees for transportation and housing of impounded
animals however there is no fee for surrendering or adopting an animal. Surrendered
animals take as much time and impact the resources of the department as much as an
impounded animal.
If a surrendered animal requires vaccination or neutering or spaying there is no way we
can recover the costs. Even at the low cost vet clinics the neutering or spaying costs
$35 to $55 per animal. Rabies vaccination adds another $5. These are things we
require if an animal is adopted but increase the likelihood of adoption if they are done in
advance. Transportation of the animal and the salary of the Animal Control Officer are
also costs that we cannot recover. There is also the issue of the officer’s time away
from the town. While we cannot place a dollar figure on this, there is a cost involved
because the town is not receiving the officer’s service while he or she is out of town.
I recommend that we amend the animal ordinance to include a surrender fee of $50 per
animal and that we restrict surrenders to residents only. Wording for the amendment is
found below. While an impounded animal becomes Town property after 3 days, a
surrendered animal becomes Town property immediately.
Thank you for your consideration of this matter.
36
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2008-
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING SECTION 1.10 ENTITLED “IMPOUNDING OF ANIMALS”
OF ARTICLE I ENTITLED “ANIMALS” OF CHAPTER II, ENTITLED
“ANIMAL CONTROL”, OF THE CODE OF ORDINANCES OF THE
TOWN BY ADOPTING A NEW SUB-SECTION F, ENTITLED
“SURRENDER OF ANIMALS”; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING FOR AN
AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; PROVIDING A PENALTY NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas has the
authority to adopt ordinances for the good government of the Town; and
WHEREAS, the Town maintains an animal shelter and provides animal control
services in the Town in order to protect the public health, safety and welfare; and
WHEREAS, the Town Council has determined it appropriate and in the best
interest of the public to allow the owner of a domestic animal the opportunity to
surrender that animal to the Town under certain circumstances; and
WHEREAS, the Town Council hereby finds and declares that it is in the interest
of the public health, safety and general welfare to establish the regulations set forth in
this ordinance for the surrender of domestic animals within the limits of the Town of
Trophy Club.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
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2.01 Section 1.10, entitled “Impounding of Animals”, of Article I entitled “Animals” of
Chapter II, entitled “Animal Control”, is hereby amended to add Sub-Section F, entitled
“Surrender of Animals” so that Section 1.10(F) shall be and read as follows:
Section 1.10 Impounding of Animals
F. Surrender of Animals
1. The Owner of a Domestic Animal may seek permission from the Local
Rabies Control Authority to surrender the Domestic Animal to the
Animal Shelter. The Local Rabies Control Authority shall have the
discretion to accept or reject the surrender of the Domestic Animal
based upon available space and resources at the Animal Shelter and
based upon compliance with all requirements of this Section.
2. An Owner requesting to surrender a Domestic Animal to the Local
Rabies Control Authority shall complete a Surrender Form and submit a
Surrender Fee as required by the Schedule of Fees of the Town, as
amended from time to time, and when applicable, shall also pay all
costs of transportation, shelter and impoundment for that Domestic
Animal.
3. If the Owner surrendering the Domestic Animal can provide
documentation that the surrendered animal has a current rabies
vaccination and has been spayed or neutered, the Surrender Fee shall
be one-half (1/2) of the Surrender Fee found in the Schedule of Fees of
the Town.
4. Upon completion of all required forms, payment of all applicable fees,
including all fees resulting from the impoundment, transportation, and
shelter of a Domestic Animal, when applicable, and acceptance of the
Domestic Animal by the Local Rabies Control Authority, the animal
shall be impounded and shall immediately become the sole property of
the Town. The impounded animal may be placed up for adoption or
euthanized as determined by the Local Rabies Control Authority.
5. The Local Rabies Control Authority is under no obligation to notify the
former Owner of a surrendered Domestic Animal if it is determined that
the animal must be euthanized.
6. As used in this section, the term Domestic Animal shall mean any of the
various animals that have been tamed and made fit for a human
environment and that are permitted to be maintained within the Town
by ordinance, regulation or policy, such as dogs, cats and ferrets.
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SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town affecting
Animal Control and shall not repeal any of the provisions of such Ordinances except in
those instances where provisions of those Ordinances are in direct conflict with the
provisions of this Ordinance; whether such Ordinances are codified or uncodified, and
all other provisions of the Ordinances of the Town of Trophy Club, codified or
uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force
and effect. Notwithstanding the foregoing, any complaint, action, cause of action or
claim which prior to the effective date of this Ordinance has been initiated or has arisen
under or pursuant to such repealed Ordinance(s) shall continue to be governed by the
provisions of that Ordinance and for that purpose the Ordinance shall be deemed to
remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
declares it would have passed such remaining 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.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand
Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
SECTION 7
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to the
Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by
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Section 52.011 of the Texas Local Government Code.
SECTION 8.
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 15th day of December 2008.
_______________________________
Mayor, Nick Sanders
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Town Secretary, Lisa Hennek
Town of Trophy Club, Texas
[SEAL]
________________________________________
Town Attorney, Patricia Adams
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-15-2008
Subject: Agenda Item No.C.8
Discuss and take appropriate action regarding policies and procedures for
implementing a community wide survey program.
EXPLANATION:
Staff was asked to conduct research into different surveying tools that would provide a
more secure and accurate mechanism than our current system. We have found an
online survey that can tie back into our utility billing system for user verification. Along
with the verification, a PIN will be provided on the utility bill each month. We have
talked to our utility billing vendor, STW, and they know of a survey tool that has the
program interface that will talk to STW. When we post a survey link, you can click on it
and it will take you to a verification screen. You put in your address and pin, and then
you can take the survey. It will only let it be done once per household. I would like to
see if we can have it at twice per household, but won't know for sure until it's developed.
The cost to develop the interface and the survey tool is estimated at $5,000. It’s a one
time charge with unlimited usage. This is currently the only option.
SelectSurvey.NET - http://www.classapps.com/SelectSurveyFeatures.asp
Our current online survey tool does not provide the interface we desire and does not
have a secure validation mechanism.
RECOMMENDATION:
A survey can be conducted by staff when the item is required as part of the Town’s daily
business or a survey may be conducted when a majority vote is taken by the Council to
receive citizen input.
ACTION BY COUNCIL:
(MP)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-15-2008
Subject: Agenda Item No.C.9
Discuss and take appropriate action regarding an exception to the
Handbook for Elected and Appointed Officials.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
()
Attachments: 1. Handbook Language
2. Email correspondence between Ms. Hennek and Mr. Downey
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Maximum number of Appointments
A person may hold a maximum of two board or commission seats at any one time.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-15-2008
Subject: Agenda Item No.C.10
Discuss and take appropriate action regarding Council involvement with
and input to the Charter Review Commission and regarding any necessary
amendments to Resolution 2008-20.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Resolution No. 2008-20
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-15-2008
Subject: Agenda Item No.C.11
Discuss and provide direction to the Town of Trophy Club Council
representatives serving on the Municipal Utility District Consolidation Task
Force.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
49
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-15-2008
Subject: Agenda Item No.C.12
General discussion regarding potential legislative issues during the 2009
Texas Legislative session that would likely impact the Town of Trophy
Club.
EXPLANATION:
This item will allow the Town Council to provide comments regarding the upcoming
legislative session and recommend items that need to be brought back for further
discussion and action.
RECOMMENDATION:
ACTION BY COUNCIL:
(BSE)
Attachments: 1. Pre-filed Bills
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-15-2008
Subject: Agenda Item No.C.13
Town Manager's Report:
1. McLain Report Payment Update
2. Intergovernment Contract for Employee Services
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
61
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-15-2008
Subject: Agenda Item No.C.14
Items for Future Agenda.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
1. 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 - Cates)
2. Town Manager Emmons to report on the sound barrier issues on the east side
and conversations with TXDOT, and discussion of same. (Wilson)
3. Establish and implement a process for Hotel inspections. (Edstrom added on
1/21/08)
4. Discuss and consider options to approve the upkeep of rental property, with or
without creating a Building Standard Commission. (Edstrom – 4/21/08)
5. Discuss and take appropriate action real estate signs and their placement on
Town right of ways. (Chapter 5, “General Land Use,” Article IV, “Sign
Regulations,” Section 4.05, “Temporary Signs,” D, “Real Estate Signs”)(added at
8/18/08 Council Meeting)
6. Discuss and receive an update on the Comprehensive Land Plan. (Edstrom –
10/20/08)
7. Discuss and take appropriate action regarding policies and procedures for
community wide surveys. (Wilson 11/10/08)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-15-2008
Subject: Agenda Item No.D.1
Adjourn.
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