Agenda Packet TC 02/18/2008 1
Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, February 18, 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.
A.5 Annual update and presentation by the Park Board, and discussion of same.
A.6 Police Chief Kniffen to present departmental awards and commendations.
B.1 Consent Agenda: Discuss and take appropriate action to repeal Ordinance
2008-04 and adopt a new Ordinance calling a Joint/General Election for May 10,
2008 for the purpose of electing three (3) Council Members for two (2) year terms
each to the Town of Trophy Club Town Council, for electing two (2) Directors for
four (4) year terms each to the Trophy Club Municipal Utility District No. 1, and
for electing three (3) Directors for four (4) year terms each to the Trophy Club
Municipal Utility District No. 2, to correct the last date of Early Voting.
B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
January 21, 2008.
C.1 Discuss and take appropriate action regarding a Proclamation of Fair Campaign
Practices for the May 10, 2008 Election.
C.2 Discuss and take appropriate action regarding a Resolution amending Resolution
2007-21 to appoint two citizens to serve on two seats on EDC 4B for the
remainder of two unexpired terms.
C.3 Discuss and take appropriate action regarding Racial Profiling Report for 2007.
2
C.4 Discuss and take appropriate action to approve Minutes dated, January 7, 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.
C.6 Discuss and take appropriate action regarding a Resolution to approve the Texas
Department of Transportation’s Master Project Advance Funding Agreement
(MAFA).
C.7 Discuss and take appropriate action regarding a Resolution to approve the Texas
Department of Transportation’s Local Project Advance Funding Agreement
(LPAFA); and providing an effective date.
C.8 Discuss and take appropriate action authorizing the Town Manager to enter into
a contract with The Management Connection (TMC) for professional facilitation
and training purposes.
C.9 Items for Future Agenda.
C.10 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 4A Liaison, Council member Moss.
(c) Town Council report from EDC 4B Liaison, Council member Sterling.
(d) Town Council report from Parks and Recreation Department. (monthly)
D.1 Adjourn.
3
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-18-2008
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
4
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-18-2008
Subject: Agenda Item No.A.2
Invocation.
5
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-18-2008
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."
6
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-18-2008
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.
7
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-18-2008
Subject: Agenda Item No.A.5
Annual update and presentation by the Park Board, and discussion of
same.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
8
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-18-2008
Subject: Agenda Item No.A.6
Police Chief Kniffen to present departmental awards and commendations.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
9
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-18-2008
Subject: Agenda Item No.B.1
Consent Agenda: Discuss and take appropriate action to repeal Ordinance
2008-04 and adopt a new Ordinance calling a Joint/General Election for May
10, 2008 for the purpose of electing three (3) Council Members for two (2)
year terms each to the Town of Trophy Club Town Council, for electing two
(2) Directors for four (4) year terms each to the Trophy Club Municipal
Utility District No. 1, and for electing three (3) Directors for four (4) year
terms each to the Trophy Club Municipal Utility District No. 2, to correct the
last date of Early Voting.
EXPLANATION:
The Ordinance approved on February 4, 2008 list the last day of early voting as
Tuesday, May 7, 2008, which should be May 6th, 2008.
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Ordinance
10
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2008-____
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2008-04
ORDERING AND CALLING A JOINT GENERAL ELECTION ON MAY
10, 2008 AND ADOPTING A NEW ORDINANCE ORDERING AND
CALLING A JOINT GENERAL ELECTION BETWEEN THE TOWN OF
TROPHY CLUB, TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1,
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2, TO BE HELD
ON MAY 10, 2008 FOR THE PURPOSE OF ELECTING THREE (3)
COUNCIL MEMBERS FOR TWO (2) YEAR TERMS EACH TO THE
TOWN COUNCIL, FOR ELECTING TWO (2) DIRECTORS TO THE
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 FOR FOUR (4)
YEAR TERMS EACH, AND FOR ELECTING THREE (3) DIRECTORS
TO THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2 FOR
FOUR (4) YEAR TERMS EACH; DESIGNATING A POLLING PLACE
WITHIN THE TOWN; APPOINTING A PRESIDING ELECTION JUDGE
AND AN ALTERNATE PRESIDING ELECTION JUDGE;
ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE
ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS;
PROVIDING FOR NECESSARY ACTIONS; PROVIDING A JOINT
ELECTION AGREEMENT; PROVIDING A CUMULATIVE CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 41.001(a)(2) of the Texas Election Code establishes the
third Saturday of May as a Uniform Election Date for the purposes of conducting a
General or Special Election; and
WHEREAS, Section 3.004 of the Texas Election Code provides that the
governing body of a municipality shall be the authority to order a General or Special
Election; and
WHEREAS, the Town Council desires to and hereby calls a Joint General
Election for the purpose of electing three (3) Council Members for two (2) year terms
each to the Town of Trophy Club Town Council, for electing two (2) Directors for four (4)
year terms each to the Trophy Club Municipal Utility District No. 1, and for electing three
(3) Directors for four (4) year terms each to the Trophy Club Municipal Utility District No.
2; and
WHEREAS, Section 3.005 of the Texas Election Code provides that an election
ordered by an authority of a municipality shall be ordered not later than the 62nd day
before election day; and
11
WHEREAS, Section 83.005 of the Texas Election Code provides that the City
Secretary shall serve as the Early Voting Clerk in Municipal Elections; and
WHEREAS, Section 32.001 of the Texas Election Code provides for the
appointment of a Presiding Election Judge and an Alternate Presiding Election Judge to
conduct voting in each precinct where an election is held; and
WHEREAS, Section 87.001 of the Texas Election Code provides for the
appointment of an Early Voting Ballot Board; and
WHEREAS, Section 87.002 of the Texas Election Code provides for the
appointment of the Early Voting Ballot Board Judge; and
WHEREAS, Section 271.002 of the Texas Election Code provides that the
governing bodies of two or more political subdivisions may enter into an agreement to
hold a joint election if the elections ordered by the authorities of the subdivisions are to
be held on the same day in all or part of the same territory and can be served by
common polling places; and
WHEREAS, The Town of Trophy Club, Trophy Club Municipal Utility District No.
1 and Trophy Club Municipal Utility District No. 2 meet the specified criteria and desire
to hold their election jointly, and attached and incorporated herein as Exhibit “A” to this
Resolution is a copy of a joint election agreement between the Town, Trophy Club
Municipal Utility District No. 1 and Trophy Club Municipal Utility District No. 2; and
WHEREAS, On February 4, 2008, the Town Council adopted Ordinance No.
2008-04 calling and ordering a Joint General Election for May 10, 2008; and
WHEREAS, the Council finds it necessary to repeal Ordinance No. 2008-04 and
adopt this Ordinance in order to change the last date for early voting from May 7, 2008
to May 6, 2008 and to change that date accordingly in the Ordinance and all
attachments hereto.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1
INCORPORATION
All of the above premises are true and correct and are hereby incorporated in the body
of this Ordinance as if fully set forth herein.
SECTION 2
DATE OF ELECTION
12
It is hereby ordered that a Joint General Election (the “Election”) shall be held in and
throughout the Town of Trophy Club and the Trophy Club Municipal Utility Districts on
Saturday, May 10, 2008.
SECTION 3
PURPOSE OF JOINT GENERAL ELECTION
The purpose of such Joint General Election is to elect three (3) Council Members for
two (2) year terms each to the Town of Trophy Club Town Council; to elect two (2)
Directors for four (4) year terms each to the Trophy Club Municipal Utility District No. 1;
and to elect three (3) Directors for four (4) year terms each to the Trophy Club Municipal
Utility District No. 2.
SECTION 4
ELIGIBILITY FOR CANDIDACY
As set forth in Section 141.001 of the Texas Election Code, no person shall be eligible
for a public elective office of this state, unless that person is a United States citizen, at
least 18 years of age on the first day of the term to be filled at the Election, has not been
determined mentally incompetent by a final judgment of a court, has not been finally
convicted of a felony from which the person has not been pardoned or otherwise
released from the resulting disabilities, and has resided continuously in the State of
Texas for twelve (12) months immediately preceding the date of the regular filing
deadline for the candidate’s application for a candidate whose name is to appear on the
general election ballot, or the date of the election at which the candidate’s name is
written in for a write in candidate. Additional requirements are as follows:
A. Council Member:
As set forth in Section 141.001 of the Texas Election Code and Article III of the
Trophy Club Town Charter, no person shall be eligible for a public elective office
of this state, unless that person is a United States citizen, at least 21years of age
on the first day of the form to be filed for candidacy or date of appointment, is a
qualified voter of the Town, has not been determined mentally incompetent by a
final judgment of a court, has not been finally convicted of a felony from which
the person has not been pardoned or otherwise released from the resulting
disabilities, and resides and has resided continuously for twelve (12) months
immediately preceding the election within the corporate limits of the Town and
the State of Texas for a candidate whose name is to appear on the general
election ballot, or the date of the election at which the candidate’s name is written
in for a write in candidate.
B. Municipal Utility District Directors:
13
(1) Must own land subject to taxation in the district for which they are
filing; or
(2) Must be a qualified voter within the District; and
(3) Must not otherwise be disqualified from serving as a member of the
Board of a Municipal Utility District pursuant to Section 49.052 of
the Texas Water Code, as amended.
SECTION 5
APPLICATION FOR A PLACE ON THE BALLOT
Pursuant to Section 143.007 of the Texas Election Code, any eligible and qualified
person may have that person's name printed upon the official ballot as a candidate for
the office hereinbefore set forth by filing the person's sworn application with the Town
Secretary not earlier than February 9, 2008, and not later than 5:00 p.m. on March 10,
2008. Each such application shall be on a form as prescribed by the Texas Election
Code. The order in which the names of the candidates are to be printed on the ballot
shall be determined by a drawing by the Town Secretary as provided by Section 52.094
of the Texas Election Code. Notice of the time and place for such drawing shall be
given in accordance with Section 52.094(c) and (d) of the Texas Election Code.
SECTION 6
RUNOFF ELECTION
If two (2) or more candidates tie for the number of votes required to be elected, there
shall be a runoff election held between June 2nd and July 5th, 2008. The runoff election
shall be held in accordance with the Texas Election Code.
SECTION 7
POLLING PLACE AND HOURS
The corporate limits of the Town of Trophy Club, Texas shall constitute three (3)
election precincts and one poling place for the municipal election. The polling places
and the county election precincts whose qualified voters shall cast ballots at such
location in the Town of Trophy Club for the May 2008 General Election are as follows:
Denton County Election
Precincts
Polling Place
400 and 401 “Svore” Trophy Club Municipal Utility District
Building,
100 Municipal Drive, Trophy Club, Texas, 76248
Tarrant County Election
Precincts
Polling Place
3286 “Svore” Trophy Club Municipal Utility District
Building,
14
100 Municipal Drive, Trophy Club, Texas, 76248
In accordance with Section 41.031(a) of the Code, said polling place shall be open
between the hours of 7:00 a.m. and 7:00 p.m. on the date of the Election.
SECTION 8
APPOINTMENT OF A PRESIDING ELECTION JUDGE
AND AN ALTERNATE PRESIDING ELECTION JUDGE
The following named individuals, residing at the respective addresses, are hereby
appointed to serve as Presiding Election Judge and Alternate Presiding Election Judge,
respectively, at the Election:
Presiding Election Judge
Pam Irwin
543 Indian Creek Drive
Trophy Club, TX 76262
Alternate Presiding Election Judge
Judy Williams
215 Phoenix Drive
Trophy Club, TX 76262
All Election Judges shall be qualified voters of the Town. The Town Secretary shall, in
accordance with Section 32.009 of the Texas Election Code, deliver to the Presiding
Election Judge and the Alternate Presiding Election Judge notice of their appointment
not later than twenty (20) days from the effective date of this Ordinance.
SECTION 9
APPOINTMENT OF CLERKS
The Election Judge herein appointed shall appoint not less than two (2) nor more than
ten (10) qualified election clerks to serve and assist in the conduct of the Election,
provided, however, that if the Election Judge named herein actually serves, the
Alternate Election Judge shall serve as one of the clerks. All election clerks shall be
qualified voters of the Town.
SECTION 10
COMPENSATION OF THE JUDGE AND CLERKS
As provided for in Section 32.091 of the Texas Election Code, the Election and
Alternate Judges shall be compensated at the rate of ($10.00) per hour and the election
workers shall be compensated at the rate of ($8.00) per hour. Any payment referred to
15
in this Section shall not exceed the maximum amounts set forth in Sections 32.091 and
32.092 of the Code.
SECTION 11
METHOD OF VOTING
The Town Secretary is hereby authorized and instructed to provide and furnish all
necessary election supplies to conduct the election. Voting at the Election shall be by
use of electronic system ballots. Preparation of the official ballots for the Election shall
conform to the requirements of the Texas Election Code, and in so doing shall permit
the voter to vote for three (3) Town of Trophy Club Council Members for two (2) year
terms each, and two (2) Directors to the Trophy Club Municipal Utility District No. 1 for
four (4) year terms each, OR three (3) Town of Trophy Club Council Members for two
(2) year terms each, and three (3) Directors to the Trophy Club Municipal Utility District
No. 2 for four (4) year terms each, depending upon the municipal utility district in which
the voter resides. No elector shall vote for more than three (3) Town of Trophy Club
Council Members for a two year term. No elector shall vote for more than two (2)
Directors to the Trophy Club Municipal Utility District No. 1. No elector shall vote for
more than three (3) Directors to the Trophy Club Municipal Utility District No. 2.
SECTION 12
GOVERNING LAW; QUALIFIED VOTERS
The Election shall be held in accordance with the Constitution of the State of Texas and
the Texas Election Code, and all resident, qualified electors of the Town shall be eligible
to vote at the election. Election materials shall be printed in both English and Spanish
for use at the polling place and for early voting for the Election.
SECTION 13
PUBLICATION AND POSTING OF NOTICE
Notice of the Election shall be given by posting a Notice of Election in both English and
Spanish at the Trophy Club Municipal Utility Districts Building, on the bulletin board or
other location used for posting notices of the meetings of the Town Council not later
than twenty-one (21) days prior to the date upon which the Election is to be held, and by
publication of said notice at least once in a newspaper published in the Town or if none,
then in a newspaper of general circulation within the Town, the date of said publication
to be not less than ten (10) days nor more than thirty (30) days prior to the date set for
the Election. Upon publication of the election notice, the Town Secretary shall secure a
publisher's affidavit, which complies with the requirements of the Code.
In addition thereto, a copy of the notice shall also be filed with the Town Secretary at
least twenty-one (21) days before the Election.
SECTION 14
EARLY VOTING
16
Early voting by personal appearance shall be conducted by the Town Secretary, who is
hereby appointed the Early Voting Clerk, at 100 Municipal Drive, Trophy Club, Texas.
For the period early voting for the election is permitted by law, the Early Voting Clerk
shall keep such office open for Early Voting the following days:
Monday, April 28th
Tuesday, April 29th
Wednesday, April 30th
Thursday, May 1st
Friday, May 2nd
Saturday, May 3rd
Monday, May 5th
Tuesday, May 6th
8 a.m. – 5 p.m.
7 a.m. – 7 p.m.
8 a.m. – 5 p.m.
8 a.m. – 5 p.m.
8 a.m. – 5 p.m.
8 a.m. – 12 p.m.
8 a.m. – 5 p.m.
7 a.m. – 7 p.m.
Early voting will not be conducted on any other Saturday, or on any Sunday or official
State and/or national holiday during the period of early voting.
Application for early voting by mail shall be delivered to the Early Voting Clerk at the
same address not earlier than March 11, 2008 and not later than the close of regular
business in the Early Voting Clerk's office or 5:00 p.m., whichever is later, on May 2,
2008.
Early voting, both by personal appearance and by mail, shall be by use of electronic
system ballots, which ballots shall conform to the requirements of the Texas Election
Code, and in so doing shall permit the voters to vote for three (3) Town of Trophy Club
Council Members for two (2) year terms each, and two (2) Directors to the Trophy Club
Municipal Utility District No. 1 for four (4) year terms each, OR three (3) Directors to the
Trophy Club Municipal Utility District No. 2 for four (4) year terms each, depending upon
the municipal utility district in which the voter resides. No elector shall vote for more
than three (3) Town of Trophy Club Council Members for a two year term. No elector
shall vote for more than two (2) Directors to the Trophy Club Municipal Utility District No.
1. No elector shall vote for more than three (3) Directors to the Trophy Club Municipal
Utility District No. 2.
The Early ballots shall be canvassed by the Early Ballot Board, which is hereby
created. The Election Judge and the Alternate Election Judge appointed herein shall
serve as the Presiding officer and the alternate Presiding Officer, respectively, of the
Early Ballot Board. The other election officers serving at the Election shall serve as the
other members of the Early Ballot Board for the Election.
SECTION 15
DELIVERY OF RETURNS
17
Pursuant to Section 66.051 of the Code, immediately after the closing of the poll on the
day of the Election, the election officers named in this Ordinance shall make four (4)
copies of the returns. The returns shall be delivered as follows: one copy shall be
retained by the Election Judge, one copy shall be delivered to the Mayor of Trophy
Club, one copy shall be delivered to the voter registrar, one copy (along with ballot
boxes and election supplies) shall be delivered to the Town Secretary. All election
records and supplies shall be preserved by the Town Secretary in accordance with the
Code.
SECTION 16
CANVASSING OF RETURNS
In accordance with Section 67.003(2) of the Texas Election Code, the Town Council
shall convene on May 19, 2008 at 7:00 p.m. to canvass the returns of the Election.
Trophy Club Municipal District No. 1 and Trophy Club Municipal District No. 2 shall
convene at appropriately posted meetings to canvass their respective returns.
SECTION 17
NECESSARY ACTIONS
The Mayor, Town Council, and Town staff, in consultation with the Town Attorney, are
hereby authorized and directed to take any and all actions necessary to comply with the
provisions of the Texas Election Code in carrying out and conducting the Election,
whether or not expressly authorized herein.
SECTION 18
JOINT ELECTION AGREEMENT
Section 271.002 of the Texas Election Code provides that the governing bodies of two
or more political subdivisions may enter into an agreement to hold a joint election if the
elections ordered by the authorities of the subdivisions are to be held on the same day
in all or part of the same territory and can be served by common polling places. A copy
of the Joint Election Agreement between the Town of Trophy Club, Trophy Club
Municipal Utility District No. 1, and Trophy Club Municipal District No. 2, is attached
hereto as Exhibit “A” and is incorporated herein.
SECTION 19
CUMULATIVE CLAUSE
This Ordinance shall be cumulative of all provisions of Ordinances of the Town of
Trophy Club, Texas, except where the provisions of this Ordinance are in direct conflict
with the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
SECTION 20
18
SEVERABILITY CLAUSE
It is hereby declared to be the intent of the Town Council of the Town of Trophy Club
that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance
shall be declared unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of the remaining
phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same
would have been enacted by the Town Council without incorporation of any such
unconstitutional phrase, clause, sentence, paragraph, or section.
SECTION 21
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption and Effective Date of this Ordinance as required by Section 52.011 of the
Texas Local Government Code.
SECTION 22
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance as required by the Town Charter.
SECTION 23
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of passage and
publication in accordance with law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
this 4th day of February, 2008.
________________________________
Mayor, Nick Sanders
Town of Trophy Club, Texas
ATTEST:
_________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
19
APPROVED AS TO FORM:
___________________________
Town Attorney
Town of Trophy Club, Texas
20
“Exhibit A”
JOINT ELECTION AGREEMENT
BETWEEN THE TOWN OF TROPHY CLUB, TEXAS
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, AND
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2
TO CONDUCT A JOINT ELECTION
TO BE HELD ON MAY 10, 2008
This Joint Election Agreement is entered into this 4TH day of February 2008, by
and between the Town of Trophy Club, Texas, Trophy Club Municipal Utility District No.
1, and Trophy Club Municipal Utility District No. 2, to conduct a Joint Election to be held
on May 10, 2008, in Trophy Club, Texas.
WITNESSETH:
WHEREAS, the Town of Trophy Club, Texas, Trophy Club Municipal Utility
District No. 1, and Trophy Club Municipal Utility District No. 2 desire to conduct an
election on May 10, 2008, for the purpose of electing three (3) Council Members to the
Trophy Club Town Council for a two (2) year term each, and two (2) Directors to the
Board of Municipal Utility District No. 1 for a four (4) year term each, and three (3)
Directors to the Board of Municipal Utility District No. 2 for a four (4) year term each;
and
WHEREAS, pursuant to Chapter 271, Texas Election Code, if an election
ordered by the authorities of two or more political subdivisions is to be held on the same
day in all or part of the same territory, the governing bodies of the political subdivisions
may enter into an agreement to hold the election jointly in the election precincts that can
be served by common polling places; and
WHEREAS, in accordance with Chapter 271 of the Texas Election Code, the
Town of Trophy Club, Texas, the Trophy Club Municipal Utility District No. 1, and the
Trophy Club Municipal Utility District No. 2, mutually desire to enter into a Joint Election
Agreement for an election to be held on May 10, 2008.
NOW, THEREFORE, for and in consideration of the above and foregoing
premises, the benefits flowing to each of the parties hereto, and other good and
valuable consideration, the Town of Trophy Club, Texas, Trophy Club Municipal Utility
District No. 1, and Trophy Club Municipal Utility District No. 2 (the “Participants”) do
hereby agree as follows:
TERMS:
1. Administration: The Town Secretary of the Town of Trophy Club shall
coordinate, supervise and handle all aspects of administering the Joint Election. Such
duties shall include the preparation of election orders, resolutions, notices, ballots,
21
bilingual materials and any other pertinent election documents, in accordance with the
provisions of the Texas Election Code and as outlined in this Agreement. The Town
Secretary shall be responsible for any submission required by the Federal Voting Rights
Act of 1965, as amended, with regard to the administration of the Joint Election; any
other changes which require preclearance under the Federal Voting Rights Act of 1965,
as amended, shall be the responsibility of each of the individual Participants.
2. Location of Common Polling Places: The polling place for the Joint
Election shall be the Trophy Club Municipal Building, 100 Municipal Drive, Trophy Club,
Texas.
3. Allocation of Election Expenses: The Participants agree to share all
costs of administering the May 10, 2008 Joint Election, including but not limited to all
costs incurred in preparing such Joint Election, based upon the following pro rata
portion:
Town of Trophy Club 34%
Trophy Club Municipal District No. 1 33%
Trophy Club Municipal District No. 2 33%
The cost of any special request which is not agreed upon by all Participants shall
be borne by that Participant in its entirety. In the event of a runoff election, the
Participant requiring the runoff shall be responsible for all costs associated with
administering such election.
4. Appointment and Compensation of Election Officers: The following
named individuals, residing at the respective addresses, are hereby appointed to serve
as Presiding Election Judge and Alternate Presiding Election Judge, respectively, at the
Election:
Presiding Election Judge
Pam Irwin
543 Indian Creek Drive
Trophy Club, TX 76262
Alternate Presiding Election Judge
Judy Williams
215 Phoenix Drive
Trophy Club, TX 76262
All Election Judges shall be qualified voters of the Town. The Town Secretary
shall, in accordance with Section 32.009 of the Texas Election Code, deliver to the
Presiding Election Judge and the Alternate Presiding Election Judge, notice of their
appointment in accordance with law.
22
The Election Judge herein appointed shall appoint not less than two (2) nor more
than ten (10) qualified election clerks to serve and assist in the conduct of the Election,
provided, however, that if the Election Judge named herein actually serves, the
Alternate Election Judge shall serve as one of the clerks. All election clerks shall be
qualified voters of the Town.
As provided for in Section 32.091 of the Texas Election Code, the Election Judge
shall be compensated at the rate of nine and no/100 dollars and ($9.00) per hour on
election day and seven and no/100 dollars ($7.00) per hour for services performed as
an election clerk during the early voting period. The Alternate Election Judge, shall be
compensated at the rate of eight and no/100 dollars ($8.00) per hour on election day
and seven and no/100 dollars ($7.00) per hour for services performed as an election
clerk during the early voting period. Election Clerks shall be compensated at the rate of
seven and no/100 dollars ($7.00) per hour for election day and for the early voting
period. The Election Judge or Clerk who delivers the returns of the Election, keys to the
ballot boxes or other election equipment, and unused election supplies shall also be
paid the additional sum of twenty-five and no/100 dollars ($25.00) for delivering such
materials. Any payment referred to in this Section shall not exceed the maximum
amounts set forth in Sections 32.091 and 32.092 of the Texas Election Code.
5. Early Voting: Early voting by personal appearance shall be conducted by the
Town Secretary, who is hereby appointed the Early Voting Clerk, at 100 Municipal
Drive, Trophy Club, Texas. For the period early voting for the election is permitted by
law, the Early Voting Clerk shall keep such office open for Early Voting the following
days:
Monday, April 28th
Tuesday, April 29th
Wednesday, April 30th
Thursday, May 1st
Friday, May 2nd
Saturday, May 3rd
Monday, May 5th
Tuesday, May 6th
8 a.m. – 5 p.m.
7 a.m. – 7 p.m.
8 a.m. – 5 p.m.
8 a.m. – 5 p.m.
8 a.m. – 5 p.m.
8 a.m. – 12 p.m.
8 a.m. – 5 p.m.
7 a.m. – 7 p.m.
Early voting will not be conducted on any other Saturday, or on any Sunday or
official State and/or national holiday during the period of early voting.
Application for early voting by mail shall be delivered to the Early Voting Clerk at
the same address not earlier than March 11, 20078 and not later than the close of
regular business in the Early Voting Clerk's office or 5:00 p.m., whichever is later, on
May 2, 2008.
Early voting, both by personal appearance and by mail, shall be by use of electronic
system ballots, which ballots shall conform to the requirements of the Texas Election
Code, and in so doing shall permit the voters to vote for three (3) Town of Trophy Club
23
Council Members for two (2) year terms each, and two (2) Directors to the Trophy Club
Municipal Utility District No. 1 for four (4) year terms each, OR three (3) Town of Trophy
Club Council Members for two (2) year terms each, and three (3) Directors to the
Trophy Club Municipal Utility District No. 2 for four (4) year terms each, depending upon
the municipal utility district in which the voter resides. No elector shall vote for more
than three (3) Town of Trophy Club Council Members for a two year term. No elector
shall vote for more than two (2) Directors to the Trophy Club Municipal Utility District No.
1. No elector shall vote for more than three (3) Directors to the Trophy Club Municipal
Utility District No. 2.
The Early ballots shall be canvassed by the Early Ballot Board, which is hereby
created. The Election Judge and the Alternate Election Judge appointed herein shall
serve as the Presiding officer and the alternate Presiding Officer, respectively, of the
Early Ballot Board. The other election officers serving at the Election shall serve as the
other members of the Early Ballot Board for the Election.
6. Ballots: The Town Secretary is hereby authorized and instructed to provide and
furnish all necessary election supplies to conduct the election. Voting at the Election
shall be by use of electronic system ballots. Preparation of the official ballots for the
Election shall conform to the requirements of the Texas Election Code, and in so doing
shall permit the voter to vote for three (3) Town of Trophy Club Council Members for two
(2) year terms each, and two (2) Directors to the Trophy Club Municipal Utility District
No. 1 for four (4) year terms each, OR three (3) Town of Trophy Club Council Members
for two (2) year terms each, and three (3) Directors to the Trophy Club Municipal Utility
District No. 2 for four (4) year terms each, depending upon the municipal utility district in
which the voter resides. No elector shall vote for more than three (3) Town of Trophy
Club Council Members for a two year term. No elector shall vote for more than two (2)
Directors to the Trophy Club Municipal Utility District No. 1. No elector shall
7. Maintenance of Election Forms and Records: Polling place forms and
records for Participants shall be maintained by the Town Secretary of the Town of
Trophy Club, Texas, as authorized by Section 271.010 of the Texas Election Code.
Access to the election records shall be available to each Participant, as well as to
the public in accordance with the Texas Public Information Act, Chapter 552, Texas
Government Code. All records shall be maintained in an orderly manner, so that
records are clearly identifiable and accessible.
Records of the election shall be retained and disposed of in accordance with the
provisions of Title 6, Subtitle C, Chapters 201 through 205 of the Texas Local
Government Code, including the minimum retention requirements established by the
Texas State Library and Archives Commission. If records of the election are involved in
any pending election contest, investigation, litigation, or Texas Public Information Act
inquiries, the records shall be maintained until final resolution or judgment, regardless of
any other retention requirements. It is the responsibility of each Participant to notify the
Town Secretary of any pending contest, investigation, litigation, or Texas Public
24
Information Act inquiry. Any costs associated with the retention of records required
beyond eligibility for preservation shall be borne by the Participant requesting such
continued retention.
On the first business day following the date that the records of the election are
eligible for destruction, each Participant shall be notified in writing of the anticipated
destruction of such records. Each Participant shall provide written authorization to
proceed with or withhold the destruction of such records.
8. Canvassing: Each of the Participants hereto shall convene separately at
properly posted meetings in the time frame required by the Election Code and canvass
the results of their respective elections.
9. Runoff Election: In the event a runoff is necessary, this Agreement will
automatically be extended to cover the runoff, unless a Participant states in writing
immediately upon notice that a runoff election will be necessary that it does not want to
participate in a joint runoff.
10. Term of Agreement. This Agreement shall be effective upon execution
by all Participants and may be terminated in accordance with Paragraph 9 by written
notice only pursuant to Paragraph 11 of this Agreement.
11. Notice: Whenever this Agreement requires any consent, approval, notice,
request or demand, it must be in writing to be effective and shall be delivered to all
Participants by certified mail, return receipt requested, and shall be properly addressed
as follows:
If to the Town of Trophy Club: If to Municipal Utility District No. 1:
Town of Trophy Club Trophy Club Municipal Utility District No. 1
Mayor President
100 Municipal Drive 100 Municipal Drive
Trophy Club, Texas 76262 Trophy Club, Texas 76262
If to Municipal Utility District No. 2:
Trophy Club Municipal Utility District No. 2
President
100 Municipal Drive
Trophy Club, Texas 76262
12. Authority to Execute Agreement: The undersigned officers 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
25
hereby certifies to the other that any necessary resolutions or other act extending such
authority have been duly passed and are now in full force and effect.
13. Counterparts: This Agreement may be executed in any number of
counterparts and each shall be considered an original and collectively shall constitute
one agreement; but in making proof of this Agreement, it shall not be necessary to
produce or account for more than one such counterpart.
14. Entire Agreement: This Agreement represents the entire and integrated
agreement between the Participants 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 Participants.
15. Hold Harmless: To the extent allowed by law, each Participant does
hereby agree to waive all claims against, release, and hold harmless each other
Participant and its respective officials, officers, agents, employees, in both their public
and private capacities, from any and all liability, claims, suits, demands, losses,
damages, attorneys fees, including all expenses of litigation or settlement, or causes of
action which may arise by, result from, or relate to the performance of this Agreement,
including but not limited to injury to or death of any person or for loss of, damage to, or
loss of use of any property arising out of or in connection with this Agreement.
16. Severability: If any of the terms, sections, subsections, sentences,
clauses, phrases, provisions, covenants, conditions or any other part of this contract are
for any reason held to be invalid, void or unenforceable, the remainder of the terms,
sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions
or any other part of this contract shall remain in full force and effect and shall in no way
be affected, impaired or invalidated.
IN WITNESS WHEREOF, the Town of Trophy Club, Trophy Club Municipal
District No. 1, and Trophy Club Municipal Utility District No. 2 have executed this
Agreement on the day and year first hereinabove set forth.
TOWN OF TROPHY CLUB, TEXAS TROPHY CLUB MUNICIPAL UTILITY
DISTRICT No. 1
By: By:
Nick Sanders Dean Henry
Mayor President
TROPHY CLUB MUNICIPAL UTILITY
DISTRICT No. 2
By:
James Budarf
President
26
Effective: February 4, 2008
ATTEST:
By:
Lisa Ramsey
Town Secretary
27
INTERLOCAL AGREEMENT
Town of Trophy Club
AN AGREEMENT BETWEEN THE Town of Trophy Club, TEXAS AND
THE COUNTY OF DENTON, TEXAS FOR RENTAL OF VOTING
MACHINES & EQUIPMENT, AND THE PURCHASE OF VOTING
SUPPLIES.
Section 1. Denton County, Texas, a corporate body politic, hereinafter
designated as “the County,” represented in this agreement by the Elections Administrator,
hereby agrees to rent the following voting machines to the hereinafter-identified
organization on the terms stated below.
Section 2. The Town of Trophy Club, Texas, 100 Municipal Drive, hereinafter
designated as “Renter,” has requested the rental of two (2) Hart eSlate DAU DRE voting
machines at $300.00 per machine, two (2) Hart eScan voting machines, various election
equipment and supplies, and election programming per the terms stated below or Annex A
which is attached for the May 10, 2008 election.
Section 3. The Town of Trophy Club will deliver to Denton County no later than
March 13, 2008 the ballot text in both English and Spanish by fax to 940-349-3201 or via
email to tamra.keill@dentoncounty.com for election programming.
Section 4. The rental period of voting machines shall commence on the 26th day
of April, 2008 and shall not extend to a date which will interfere with subsequent elections
for which the County is responsible for providing the voting machines for public uses, and to
this end will, in compliance with the Election Code, Article 7.14, Section 20, obtain a Court
Order, at the Renter’s expense, permitting the affected voting machine to be cleared and
available to the County, no later than the tenth day after the first election for which the
voting machines were rented.
Section 5. Only voting machines that the County believes to be in safe operating
condition will be provided, and the Renter agrees to hold the County harmless for any
damages arising from the Renter’s use of voting machines.
Section 6. Renter agrees to return the voting machines in the same condition as
when received, normal and considerate usage wear expected. Renter agrees to reimburse
the County for the costs to repair damages to the said machines during such time as the
County does not have control custody of said machines.
Section 7. The said Election Day machine will be delivered by the County to the
Town of Trophy Club, 100 Municipal Drive, Trophy Club, Texas, for a delivery fee of $89.00
each for delivery and pickup by the County at said place.
Section 8. This contract should be accompanied with a deposit of 90% (see
annex A) of the estimated election cost. Contracts received without the deposit will be
28
returned which may jeopardize the availability of equipment for your election. Elections that
are cancelled will receive a refund of the deposit less a $75.00 contract processing fee.
Section 9. That this Agreement shall become effective from and after its date of
passage.
Section 10. In witness of this Agreement, the County and the Renter affix their
signatures on this the 4th day of February 2008.
Nick Sanders, Mayor
Town of Trophy Club, Texas
[Seal]
ATTEST:
Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM
Town Attorney
Town of Trophy Club, Texas
APPROVED:
Don Alexander, Elections Administrator
Elections Administrator
29
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-18-2008
Subject: Agenda Item No.B.2
Consent Agenda: Discuss and take appropriate action to approve
Minutes dated, January 21, 2008
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Minutes dated January 21, 2008.
30
MINUTES OF PUBLIC HEARING/REGULAR TOWN COUNCIL
MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, January 21, 2008
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, January 21,
2008. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor (arrived at 8:30 p.m.)
Susan Edstrom Mayor Pro Tem
Pam Cates Council Member
Jim Moss Council Member
Philip Sterling Council Member
Kathleen Wilson Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Danny Thomas Fire Chief
Mike Pastor IS Director
Carolyn Huggins Planning Coordinator
Scott Kniffen Police Chief
Sakura Moten-Dedrick Finance Director
A.1 Mayor Pro Tem Edstrom called the Regular Session to order at 7:00 p.m. noting a quorum was
present. Edstrom announced that Mayor Sanders would be late.
A.2 Invocation given by Police Chief Scott Kniffen.
A.3 Pledges led by Fire Chief Danny Thomas.
A.4 Citizen presentations:
Sam Mooney, 535 Country Club Rd. Argyle, TX 76226 – Requested Council’s support for his candidacy
for County Constable Precinct 4 for Denton County.
Mayor Pro Tem Edstrom asked for a motion to remove Item B.9 from the Consent Agenda as she was
absent from this meeting.
Motion made by Cates, seconded by Moss to remove Item B.9.
Motion passed unanimously without any discussion.
Motion made by Sterling, seconded by Cates to approve Consent Agenda, Items B.1 – B.8. Motion
passed unanimously without any discussion.
31
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be
enacted by one motion. There will not be a separate discussion of these items. If discussion is desired,
that item will be removed from the consent agenda and will be considered separately.
B.1 Consent Agenda: Discuss and take appropriate action regarding approval of the Subdivider's
Agreement for an 13.559 acre tract of land known as The Highlands at Trophy Club
Neighborhood 1, Phase 1-C1.
B.2 Consent Agenda: Discuss and take appropriate action regarding approval of the Subdivider's
Agreement for an 28.144 acre tract of land known as The Highlands at Trophy Club
Neighborhood 1, Phase 1-C2.
B.3 Consent Agenda: Discuss and take appropriate action regarding approval of the Subdivider's
Agreement for an 3.585 acre tract of land known as The Highlands at Trophy Club Neighborhood
2, Phase 1A.
B.4 Consent Agenda: Discuss and take appropriate action regarding approval of the Subdivider's
Agreement for an 39.810 acre tract of land known as The Highlands at Trophy Club
Neighborhood 2, Phase 1B.
B.5 Consent Agenda: Discuss and take appropriate action regarding approval of the Subdivider's
Agreement for an 11.788 acre tract of land known as The Highlands at Trophy Club
Neighborhood 5, Phase 1D-1.
B.6 Consent Agenda: Discuss and take appropriate action regarding approval of the Subdivider's
Agreement for an 14.523 acre tract of land known as The Highlands at Trophy Club
Neighborhood 5, Phase 1D-2.
B.7 Consent Agenda: Discuss and take appropriate action to approve financials and variance report
dated:
a. November 2007
B.8 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, October 1,
2007.
B.9 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, October 15,
2007.
Motion made by Cates, seconded by Moss to approve Item B.9. Motion passed unanimously without any
discussion.
End of Consent
TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING
PUBLIC HEARING
Public Hearing opened at 7:05 p.m.
C.1 Public Hearing to Consider a Replat for Lots 6R and 7R, Block 1, The Knoll. Applicant: Harrell
Custom Homes, Inc. (RP-07-012)
No speakers addressed Council.
C.2 Public Hearing to Review Value Place Hotel East Elevation Signage.
Value Place representative, Roger Unger was is attendance.
32
The following submitted letters in opposition to the current signage:
Ken and Trish Kellough, 101 Skyline Drive
Shirley Forgan, 1 Hanna Court
Joshua Hodgett, 1 Hanna Court
Jim Pearson, 20 Hanna Court
Maryann Michaelson, 319 Inverness Drive – Called and expressed her opposition.
The following spoke in opposition to the current signage and requested Council to ask Value Place to
remove signage:
Bob Martin, 21 Jamie Court
Charlie Harrell, 20 Jamie Court
Karen Martin, 20 Jamie Court
Mark Collins, 13 Jamie Court
Daniela Rickey, 12 Jamie Court
Rick Gilliland, 211 Phoenix Drive
Jan Sutton, 3 Jamie Court
Planning and Zoning Chairman, Gene Hill, provided a brief history on the Value Place Hotel East
Elevation Signage. Chairman Hill stated on February 26, 2007 the owner of the hotel requested a
revision to the rear elevation of the hotel and the east wall signage. The change was administratively
approved by staff. During the 4th quarter of 2007, Town Council requested the Planning and Zoning
Commission review the east elevation signage of the hotel and make a recommendation to the Town
Council. On January 3, 2008 the Planning and Zoning Commission held a Public Hearing and discussion
of the signage as directed. The Commission’s recommendation to the Town Council, by a vote of 4:1 (2
absent), is for approval of the Value Place east elevation sign.
Public Hearing closed at 7:19 p.m.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
D.1 Discuss and take appropriate action relative to a request for Replat of Lots 6R and 7R, Block 1,
The Knoll. Applicant: Harrell Custom Homes, Inc. (RP-07-012)
Bobby Harrell from Harrell Custom Homes was in attendance.
Planning and Zoning Coordinator, Carolynn Huggins, reported the Commission had very little discussion
regarding this replat and approved unanimously.
Motion made by Moss; seconded by Wilson to approve.
Motion passed unanimously without further discussion.
Council member Wilson requested Item E.1 and E.2 be moved up. Mayor Pro Tem Edstrom advised that
the Mayor wanted to be present for the discussion and was expected at 8:00 P.M.
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.
33
No action, input only.
D.3 Discuss and take appropriate action to appoint five to nine members to serve on a Charter
Review Commission.
Motion made by Cates, seconded by Wilson to refer to extend the application deadline to January 28,
2008 and appoint at the February 4th, 2008 meeting.
Council requested the extension be posted to the marquees and website.
Motion passed unanimously without further discussion.
D.4 Discuss and take appropriate action regarding an Ordinance amending Chapter 1, entitled
"Administration" of the Code of Ordinances, enacting Section 8.03 DD, entitled "Community
Development Department, Expired Permit Reissuance Fees."
Town Manager Emmons advised the Town’s current fee schedule does not allow for issuance of expired
permit fees. In accordance to Town Ordinance 2003-24, Permit Reissuance Fees are necessary for
compliance with the International Building Code.
Motion made by Moss; seconded by Wilson to approve Permit Reissuance Fees with staff’s
recommendation of 50% of the original permit fee.
Motion passed unanimously without any discussion.
D.5 Discuss and take appropriate action regarding current situation surrounding access to Beck Park
and the parking lot adjacent to Harmony Park.
Mayor Pro Edstrom advised the lease on Beck Park expired in March and Beck has asked the Sports
Association to vacate the property. Town Manager Emmons has been in negotiation discussions with the
Beck’s, who have informed the Town they would be putting it up for sale. Emmons said the Beck’s would
consider renewing the lease if the Town would reconsider the Ordinance on billboard advertisement.
Other available options would be to develop these facilities elsewhere or the Town could make an offer to
purchase the land, also there are events occurring with the Sports Association, which may offer other
options.
Council member Cates spoke in favor of developing and rebuilding elsewhere considering Beck still owes
the Town. Council member Moss feels the Task Force should address this issue and confirmed the
meeting schedule.
Council member Wilson is not ready to give up and asked if Beck was amenable to one billboard and if
would consider even discussing. Mayor Pro Tem Edstrom and Council members Cates and Sterling are
not, especially considering the audience participation regarding Value Place signage. Edstrom
understand that the billboards would not be used for Beck Properties but as advertisement which would
generate revenue for the Becks. Mayor Pro Tem Edstrom feels a meeting needs to be set up with Jeff
Beck and staff needs to pursue other areas as the current land is in a flood plain. Council member Cates
requested Town Attorney Adams be present at the meeting in order to have the documents signed
immediately. Council member Wilson requested a representative from the Sports Association also be
included in this meeting.
The following submitted letters requesting the Town Council not approve any reductions to the sports and
recreation facilities available in the Town of Trophy Club:
Roger Borer, 312 Indian Creek
Ramses Pulido, 22 Avalon Drive
Adriana Villalobos, 57 Sonora Drive
Blanca Barros, 17 Durango Drive
Leesa Hindman, 248 Hilltop Dr., Justin, TX 76247
34
Dave Jahn, 1 Gentry Court, Personally addressed Council and asked that they not approve any
reductions to the sports and recreation facilities available in the Town of Trophy Club.
No action taken, input only.
D.6 Discuss and take appropriate action regarding the approval for financing of new police
equipment.
On January 7, 2008, Town Council approved the expenditure of the following items: In-car Video
replacement in the amount of $25,152, Installation - $2,100 and Software - $1,200. Cal First advised the
two police vehicles costing $40,740 will have annual payments of $14,192.66 and the Video and related
items totaling $42,657 will have annual payments of $14,860.49. The interest rate on both loans will be
3.740% amortized over three years and also three payments.
Motion made by Cates; seconded by Moss to fund through a three year note at 3.7% APR.
Town Attorney Adams provided the financing will need to be approved in an Ordinance and suggested
the Ordinance come back for ratification on February 4th, 2008.
Motion passed unanimously without further discussion.
D.7 Discuss and take appropriate action regarding an Interlocal Memorandum of Understanding with
the Texas Department of Public Safety for the use of office space at the DPS building; and
authorizing the Mayor or his designee to execute necessary documents.
Town Manager introduced this as an annual agreement, renewing for the third year. Emmons feels the
DPS offers a good presence in the Town.
Motion made by Wilson, seconded by Moss to approve.
Motion passed unanimously without any discussion.
D.8 Discuss and take appropriate action authorizing the Town Manager to enter into a contract with
the Elim Group for training purposes.
As per Council’s direction on December 17, 2007, Town Manager Emmons reported receipt of seven
proposals for Employee Training Services. Emmons spoke to Mike Conduff from The Elim Group,
checked their references and feels they are best suited to meet the Town’s training needs. Since this
would be an unbudgeted expenditure, it is being brought forth for Council’s consideration.
Council member Sterling questioned how this training differs from the current self-guided employee
training and opposed spending this kind of money prior to seeing how the free training works. Council
member Wilson agreed with Sterling and would like to review the attendance of this mandatory training
for of all employees including managers. Mayor Pro Tem Edstrom and Council members Cates and
Moss agreed. Council would like to wait and see if the current training is effective and then readdress in
March and hone in on the needs at that time.
No action taken.
D.9 Discuss and take appropriate action to approve Minutes dated, September 24, 2007.
Motion made by Wilson; seconded by Cates to approve.
Motion passed 4:0:1, with Moss abstaining.
35
D.10 Discuss and take appropriate action to approve Minutes dated, November 30, 2007.
Motion made by Cates; seconded by Wilson to approve.
Motion passed 4:0:1, with Sterling abstaining.
D.11 Discuss and take appropriate action to approve Minutes dated, December 13, 2007.
Motion made by Wilson; seconded by Moss.
Motion passed 4:0:1, with Sterling abstaining.
D.12 Discuss and receive input regarding the process selecting the Citizen of the Year.
Mayor Pro Tem Edstrom advised item is for input only. Historically, as not to polarize this into a political
move, Council has never taken action regarding this recognition. Rather than changing the process this
far in the process, she would like to continue with the current practice.
Council member Cates said things change all the time and questioned if the other deciding groups were
not politically motivated. Cates would like criteria established and a more formal decision process and
suggested the citizens be allowed to vote for the nominees. Council member Sterling feels the
nomination process allowed for public input. Council member Wilson agrees with Cates and that the
process needs to be more policed, and with Edstrom that it is too late to change this year.
Mayor Pro Tem Edstrom said she would like the process addressed and will add as an Item for Future
Agenda under Item D.15. Council member Moss questioned the current process. Mayor Pro Tem
Edstrom said the nomination forms are reviewed by the past Citizen of the Year recipients and then one
is chosen.
Input Only
D.13 Discuss and provide input regarding a potential amendment to Chapter X, entitled "Public Safety",
of the Code of Ordinances of the Town of Trophy Club to enact Article XIV, regulating the use of
mobile phones and entitled "Use of Hand-Held Mobile Telephones Prohibited In School Zones",
Mayor Pro Tem Edstrom introduced the item for discussion and input only. Since other cities have
approved Ordinances regarding this issue she asked for the Police Chief and Public Safety Advisory
Group to review and make a recommendation to the Town Council.
Speakers:
Rick Gilliand, 211 Phoenix, suggested the Police Department first start enforcing the speed limit in these
areas.
Bob Radder, 1 Lee Court, informed the Council that the entire Nation’s Capital is hands free and feels the
Town can enforce hands free in school zones.
Council member Cates questioned the enforceability. Police Chief Kniffen responded the department
would have a video proving they were on a phone at the time pulled over. If Council desired to approve
an Ordinance, Kniffen would prefer to wait until after spring break in order to ensure proper publication
and resident notification. Council member Moss is in favor of an enhancement Ordinance which would
cover the issue adequately. Council member Sterling salutes this as a noble cause to promote safety in
school zones, and feels it will not promote the safety we anticipate. Sterling suggested the Town look at
the speed enforcement
Council asked that the Public Safety Advisory Group review and come back to the Council with their
recommendation on necessity.
36
Input only, no action taken.
Council recessed for 5-minutes at 8:30 p.m.
D.14 Discuss and take appropriate action directing the Planning and Zoning Commission to conduct a
land use study for all commercially zoned properties.
Town Manager Emmons said in light of current discussions regarding the undeveloped property, this item
was added to the Agenda. If Council wished to pursue, this would apply strictly to commercial property
and if an update was made, Planning and Zoning would first conduct a Public Hearing and then make a
recommendation to Council
Motion made by Moss, seconded by Edstrom directing Town Manager and staff to work with the Planning
and Zoning Commission to conduct a land use study on all commercially zoned properties.
Council member Wilson said the current plan solely promotes the residential character of the Town and
suggested Council instruct Town Manager Emmons and the Planning and Zoning Commission whether to
except the current plan as the precedent or if there needs to be a change. Council member Sterling
would like to use the current plan as a template, but does not want to rubber stamp it; suggesting a
cleaning slate. Mayor Sanders would like to know the options considering all the changes since 1997.
Council member Cates confirmed any revisions would be on property going forward and that the
developer has the right to develop his original plans and the existing PD. Mayor Sanders said in attempt
to protect the citizens on Jamie Court, this would explore what is currently allowed in the commercially
zoned land. Council member Moss said timing is important and would like the Planning and Zoning
Commission to address in a rapid manner. Mayor Pro Tem Edstrom requested as a secondary measure
to address and update the parks.
Council member Wilson realizes the Town needs to continue building and said a lot of work went into the
1997 plan and does want it scrapped. Page 30 of the Plan represents the commercial usages, Wilson
questioned if those goals have changed. Council member Cates said page 30 represents low intensity
retail. In order to enhance tax income, the Town conducted the Buxton Study and now is changing
direction.
The following spoke in favor of the study:
Adrienne Wyatt, 217 Pebble Beach
Bob Martin, 21 Jamie Court
Charles Harrell, 20 Jamie Court
Karin Martin, 21 Jamie Court
Mark Collins, 13 Jamie Court
Daniela Rickey, 12 Jamie Court
Kate Dertinger, 38 Panorama Circle
Barbara Collins, 13 Jamie Court
Dave Jahn, 1Gentry Court
Dave Glaser, 15 Overhill Drive
Mayor Sanders concluded Public Hearings would be necessary in order to change the Comprehensive
Land Use Plan and citizen input would be allowed during those hearings. The Town is considering the
concerns of the citizens and the rights of the developer regarding their zoned property.
Council requested Town Manager Emmons provide an outline of the process to disseminate to the public.
Motion passed unanimously without further discussion.
Council addressed Items E.1 – E.3 prior to Item D.15.
37
D.15 Items for Future Agenda.
Mayor Pro Tem Edstrom requested an item be added to review the Citizen of the Year guidelines, criteria
and voting process.
Town Manager Emmons was directed to schedule a workshop with Roanoke and Westlake to discuss
joint venture projects for library and park plans.
Council member Wilson requested an item researching the traffic issue at Trophy Wood Drive and
Inverness; and the possibility of funneling the two lanes into one.
D.16 Reports.
(a) EDC 4B Liaison, Council member Sterling gave his report.
(b) Town Manager Emmons gave his report.
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION
EXECUTIVE SESSION
Executive Session Convened at 9:32 p.m.
E.1 Council to convene into executive session for Consultation with the Town Attorney on a matter in
which the duty of the attorney to the governmental body Pursuant to Texas Government Code,
Annotated, Subchapter 551, Section 551.071 (a) & (b) "Consultation with Attorney", the Council
will enter into executive session to discuss the following:
(1) Legal Advice relative to Value Place Signage
Regular Session reconvened at 9:58 p.m.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
E.2 Discuss and Take Appropriate Action on Review of Value Place Hotel East Elevation Signage.
Mayor Sanders apologized for not being able to attend the Public Hearing earlier.
Motion made by Edstrom; seconded by Moss denying the recommendation of the Planning and Zoning
Commission.
Council member Wilson supports denying the recommendation considering it did not have the appropriate
review.
Randy Rutledge, 5 Jamie Court, told the Council that while they cannot right a wrong, they have an
opportunity to go forward and thanked them for their public services.
Mark Collins, 13 Jamie Court, supports Mr. Rutledge’s comments.
Roger Unger, 102 Carnoustie, as a resident since 1978 and a representative for Value Place, said this
sign was approved and permitted; substantial funds were spent to implement. Unger reaffirmed they are
willing to work with the Council to make this sign less objectionable.
Motion passed unanimously without further discussion.
E.3 Discuss and take appropriate action relative to Executive Session Item Number E1.
Action taken under E.2.
F.1 Adjourn.
38
Motion made by Edstrom, seconded by Cates to adjourn.
Meeting adjourned at 10:20 p.m.
_____________________________ ___________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
39
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-18-2008
Subject: Agenda Item No.C.1
Discuss and take appropriate action regarding a Proclamation of Fair
Campaign Practices for the May 10, 2008 Election.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Proclamation
40
TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION 2008
A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, TO ALL COUNCIL MEMBERS AND
CANDIDATES RUNNING FOR THE MAY 10, 2008 ELECTION,
INFORMING THEM OF TOWN COUNCIL’S INTENT AND DESIRE THAT
EVERY CANDIDATE COMPLY WITH HIS OR HER MORAL
OBLIGATION TO OBSERVE ETHICAL STANDARDS IN
CAMPAIGNING AND TO UPHOLD THOSE STANDARDS, IN ORDER
THAT, AFTER VIGOROUSLY CONTESTED BUT FAIRLY CONDUCTED
CAMPAIGNS, OUR CITIZENS MAY EXERCISE THEIR
CONSTITUTIONAL RIGHTS TO A FREE AND UNTRAMMELED
CHOICE AND THE WILL OF THE PEOPLE MAY BE FULLY AND
CLEARLY EXPRESSED ON THE ISSUES.
WHEREAS, each Council member and Council member candidate (hereinafter
“Candidate”) will conduct the campaign openly and publicly and limit attacks on his/her
opponent to legitimate challenges to his/her opponent’s record and positions on issues;
and
WHEREAS, each Candidate will not use or permit the use of character
defamation, whispering campaigns, libel, slander, or scurrilous attacks on any
Candidate or the Candidate’s personal or family life; and
WHEREAS, each Candidate will not use or permit any appeal to prejudice based
on race, sex, religion, or national origin; and
WHEREAS, each Candidate will not use campaign material of any sort that
misrepresents, distorts, or otherwise falsifies the facts, nor will he/she use malicious or
unfounded accusations that aim at creating or exploiting doubts, without justification, as
to the personal integrity or patriotism of his/her opponent; and
WHEREAS, each Candidate will not undertake or condone any dishonest or
unethical practice that tends to corrupt or undermine our system of free elections or that
hampers or prevents the full and free expression of the will of the voters, including any
activity aimed at intimidating voters or discouraging them from voting; and
WHEREAS, each Candidate will immediately and publicly repudiate methods
and tactics that may come from others that he/she has pledged not to use or condone.
He/She shall take firm action against any subordinate who violates any provision of this
Proclamation or the laws governing elections.
NOW THEREFORE, BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
41
Section 1. That the foregoing premises are hereby adopted by the Town
Council of the Town of Trophy Club.
Section 2. That each incumbent Council member and Council member
candidate (“Candidate”) hereby voluntarily endorses this Proclamation regarding ethical
campaigning,
Section 3. That each Candidate subscribes to uphold their ethical and moral
obligations as specified in this proclamation and to encourage non-incumbent
candidates to comply with the basic principles outlined herein,
Section 4. That each Candidate solemnly pledges to conduct the campaign in
accordance with the above principles and practices.
Passed and approved by the Town Council of the Town of Trophy Club,
Texas, this 18th day of February, 2008.
________________________________
Mayor,
Town of Trophy Club, Texas
ATTEST:
_______________________________
Town Secretary,
Town of Trophy Club, Texas
42
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-18-2008
Subject: Agenda Item No.C.2
Discuss and take appropriate action regarding a Resolution amending
Resolution 2007-21 to appoint two citizens to serve on two seats on EDC
4B for the remainder of two unexpired terms.
EXPLANATION:
At the September 21, 2007 Council meeting, Council voted to reappoint Larry Crosser,
Doyle Nicholson, Damian Olthoff to two year terms, expiring in 2009. Council also
voted to reappoint James Hicks to a one-year term, expiring in 2008. This action left the
Board with one vacancy, with a one-year term. On January 16, 2008, Doyle Nicholson
resigned from the Board.
The Board currently has one vacancy to expire in 2008 and one to expire in 2009.
RECOMMENDATION:
The Board met on Monday, February 11, 2008 to interview candidates. Director Olthoff
made a motion to recommend the appointment of Dan Bishop to the term expiring in
2008 and Dave Glaser to the term expiring in 2009. Director Crosser seconded; motion
carried unanimously.
ACTION BY COUNCIL:
(sld)
Attachments: 1. Melissa Klauss application, received on December 19, 2007
2. David Glaser application, received January 14, 2008
3. Daniel Bishop application, received January 15, 2008
4. Resolution
43
44
45
46
47
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2008-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, AMENDING RESOLUTION NO. 2007-21, BY
APPOINTING TWO PERSONS TO FILL TWO VACANCIES ON
ECONOMIC DEVELOPMENT CORPORATION 4B; PROVIDING THAT
THE REMAINDER OF RESOLUTION NO. 2007-21 SHALL CONTINUE
IN FULL FORCE AND EFFECT; AND ADOPTING A NEW RESOLUTION
APPOINTING ONE (1) CITIZEN TO EDC 4B FOR THE REMAINDER OF
AN UNEXPIRED TERM EXPIRING IN 2008 AND ONE (1) CITIZEN TO
EDC 4B FOR THE REMAINDER OF AN UNEXPIRED TERM EXPIRING
IN 2009; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town benefits by having its citizens involved in local government
through service on Town Committees and Boards; and
WHEREAS, since the adoption of Resolution No. 2007-21, one vacancy
remained on EDC 4B; and
WHEREAS, one member has resigned from EDC 4B; and
WHEREAS, the Town Council has reviewed the qualifications of applicants for
service on EDC 4B and has determined that the appointment of two of those applicants
identified herein below is appropriate.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That Section 2 of Resolution No. 2007-21 is hereby amended to
reflect the appointment of the following individuals to serve on Economic Development
Corporation B with such term of service ending on October 1 of the year specified
below:
Economic Development Corporation 4B
1. Daniel Bishop (2008)
2. Dave Glaser (2009)
Section 2. That all of the other terms an provisions of Resolution No. 2007-21
not in conflict with the terms of this Resolution shall continue in full force and effect.
Section 3. That this Resolution shall become effective from and after its date
of passage in accordance with law.
48
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 18th day of February 2008.
________________________________
Nick Sanders, 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
49
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-18-2008
Subject: Agenda Item No.C.3
Discuss and take appropriate action regarding Racial Profiling Report for
2007.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(sk)
Attachments: 1. Citizen Contact Report
50
51
52
53
54
55
56
57
58
59
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-18-2008
Subject: Agenda Item No.C.4
Discuss and take appropriate action to approve Minutes dated, January 7,
2008.
EXPLANATION:
Council members Cates and Moss were absent from this meeting.
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1.Minutes dated, January 7, 2008.
60
MINUTES OF JOINT WORKSHOP BETWEEN TOWN COUNCIL AND THE TROPHY CLUB
MUNICIPAL UTILITY DISTRICT NO. 1
And TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2
dba TROPHY CLUB MASTER DISTRICT AND SPECIAL SESSION FOR THE TOWN
AND REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF
TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, January 7, 2008 at 6:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, January 7,
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 Mayor Pro Tem
Philip Sterling Council Member
Kathleen Wilson Council Member
TOWN COUNCIL MEMBERS ABSENT:
Jim Moss Council Member
Pam Cates Council Member
MASTER DISTRICT MEMBERS PRESENT:
Carol Borges Chairman
Connie While Vice Chair
James Thomas Secretary/Treasurer
Jim Budarf Director
Gary Cantrell Director
Kevin Carr Director
Jim Hase Director
Dean Henry Director
Neil Twomey Director
MASTER DISTRICT MEMBERS ABSENT:
Andy Hayes Director
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Scott Kniffen Police Chief
Danny Thomas Fire Chief
Sakura Dedrick Finance Director
Walter Fitzpatrick MUD Manager
Bob West MUD 1 Attorney
Pam Liston MUD 2 Attorney
A.1 Mayor Sanders called the Council to order at 6:00 p.m. noting a quorum was present.
Mayor Sanders announced the absences of Council members Cates and Moss.
61
A.2 Chairperson Borges called the Master District to order and announce a quorum.
A.3 (6:00 P.M. - 8:00 P.M.) Joint workshop with Master District to discuss the following:
1. Employee Services Contract
2. Fire Management Contract (FMC)
Director Henry began with only a portion of the contract is in question and it was never their intent for the
Master District to have direct control over the operations or employees. Henry is in favor of the proposed
changes provided to the Master District by MUD Manager Fitzpatrick on December 20, 2008.
The Council and Master District discussed whether the conflicts related to personnel issues or conflicts
between the Town Manager and MUD Manager. The Master District is not in favor of putting the HR
representative in a difficult position regarding personnel issues.
Director Cantrell suggested that conflicts between the Town Manager and MUD Manager be heard by the
Town Council and Master District. The original intent of the contract was for the 50/50 employees to fall
under the Town Manager’s control and the 100% MUD employees to fall under the MUD Manager.
Concern was noted that this might create issues with standards.
Town Manager Emmons said the original discussion related to the MUD Manager’s authority to address
repeated violations or malfeasance of the Standard Operation Procedures (SOPs), not the personnel
policies. Emmons has not been involved in any of the discussions regarding the changes to grievance
policy and said the Mayor and/or Council’s intervention into an employment issue violates the Town
Charter.
Town Attorney Adams, MUD 1 Attorney West and MUD 2 Attorney Liston want to be careful to ensure
that all employees are treated equally and are concerned about singling out certain employees with
different processes. West feels a formal resolution between the MUD Manager and Town Manager is
needed and the contract is annual and can be terminated. West feels a formal conflict resolution process
the MUD and Town Manager should be added. Mayor Sanders suggested placing under paragraph 9,
dealing with a disagreement as the intent is how to deal with conflict between the MUD and Town
Manager and not intended for discipline.
Mayor Pro Tem Edstrom agreed that the HR role is to handle conflict management and does not feel that
either the Council or MUD Boards should have prevue over conflict management regarding a personnel
or operational issues.
Director Budarf questioned if this is the right document since it pertains to employees and asked where
the resolution would occur if there were conflict between the two managers. Town Attorney Adams
responded conflict that is not personnel related could be resolved between the Master District and Town
Council. Town Manager Emmons and MUD Manager Fitzpatrick agreed all personnel disagreements
have been amicably resolved between one another. Both questioned if this is the appropriate document
to address the SOPs.
The Council and Master District concluded Article X can stay the same and section nine could have
language added for conflict resolution.
Director Hase said at the last meeting he moved to terminate the Fire Management Contract (FMC), and
withdrew his motion pending a joint meeting. When the Fire Department was a co-managed department
it was fine under the Town Manager, however, the next couple of years are going to be critical in the Fire
Department and he feels the control should be with the purse strings. Director Cantrell said the intent of
streamlining Fire, Police and EMS was to save money, although Council approved it he does not see
much in savings, therefore does not see a need for the contract. Director White is concerned and
uncomfortable with the lack of authority over hiring and firing the employees and under this contract the
employees are not 100% MUD. White said in the past some employees may have been let go too soon
and questioned the protection of the employees. Town Manager Emmons responded the Employee
62
Services Contract covers the shared employee and Department Directors are responsible for hiring and
firing personnel. Emmons explained the failure of the PSO program, which is better suited for larger
departments for rotation purposes, however the Town was using it as a means to supplement staff
shortages.
After much discussion the parties agree the need to benefit both entities and some are torn whether a
contract is needed or not.
A.4 Master District adjourned at 7:09 pm.
Mayor Sanders called a recess until 8:00 pm.
End of Workshop
Council reconvened at 8:00 pm.
B.1 Assistant Town Manager Seidel gave the Invocation.
B.2 Police Commander Lee Delk led the Pledges.
B.3 Police Chief Kniffen announced the restructure of the Police Department and presented former
Police Captain Lee Delk and Sergeant Tony Simmons with Commander Badges.
B.4 Citizen presentations:
Constable John Hatzenbuhler, 180 N. Woodland Trail, Double Oak, Texas, asked Council for
their support in the upcoming election.
TOWN COUNCIL TO CONVENE INTO REGULAR SESSION
*REGULAR SESSION
C.1 Highlands Neighborhood 1, Phase 1C-1. Discuss and take appropriate action regarding approval
of a Final Plat request from Jacobs Carter Burgess on behalf of High Trophy Development, LLC
for The Highlands at Trophy Club Neighborhood 1, Phase 1C-1, 54 Residential Lots and 2 Open
Space Lots (13.559 acres) (FP-07-016)
Mayors Sanders introduced the following who were in attendance for Items C.1 – C.6:
Steve Lenart, Lenart Development Company, which is also High Trophy Development, LLC
Kyle Salzman, Jacobs Carter Burgess
Gene Hill, Planning and Zoning Chairman
Tom Rutledge, Town Engineer
Planning and Zoning Chairman, Gene Hill, reported the Commission discussed the landscape
easements, location of some walls to be installed by the developer and nomenclature designation for
some non-buildable parcels identified as lots. A note was added to the Final Plat stating certain identified
Open Space Lots are “non-buildable parcels”. The Planning and Zoning Commission recommends
approval of the Final Plat of Highlands Neighborhood 1, Phase C.1 as presented.
Steve Lenart spoke to the issue of separation between the developer’s wall and structure.
Motion by Sterling; seconded by Wilson to approve with the allotment of the building pad to encroach with
the five foot exception.
Dennis Sheridan, 1 Hillcrest – Questioned who owns the wall and what would be affected if moved into
the easement.
63
Steve Lenart explained this would be similar to underground utilities in a resident’s yard.
Planning and Zoning Coordinator, Carolynn Huggins, explained approval of the plat does not affect where
the wall might go, the permit for the wall would be obtained later in the process, the party was only trying
to get a determination now. Town Manager Emmons understands the screen walls will be paid for by the
PID fund and the easement would be maintenance to the Town.
Motion passed unanimously without further discussion.
C.2 Highlands Neighborhood 1, Phase 1C-2. Discuss and take appropriate action regarding approval
of a Final Plat request from Jacobs Carter Burgess on behalf of High Trophy Development, LLC
for The Highlands at Trophy Club Neighborhood 1, Phase 1C-2, 107 Residential Lots and 4 Open
Space Lots (28.144 acres) (FP-07-018)
Chairman Hill reported the Commission’s recommendation approving the Final Plat of Highlands
Neighborhood 1, Phase 1 C.2, with its stipulations regarding the note identifying certain Open Space Lots
as “non-buildable parcels”, and a five foot separation between the developer’s wall and structures.
Motion by Edstrom; seconded by Sterling to approve.
Motion passed unanimously without any discussion.
C.3 Highlands Neighborhood 2, Phase 1A. Discuss and take appropriate action regarding approval of
a Final Plat request from Jacobs Carter Burgess on behalf of High Trophy Development, LLC for
The Highlands at Trophy Club Neighborhood 2, Phase 1A, 10 Residential Lots and 2 Open
Space Lots (3.585 acres) (FP-07-013)
Chairman Hill reported the Commission’s recommendation approving the Final Plat of Highlands
Neighborhood 2, Phase 1A, with its stipulations regarding the note identifying certain Open Space Lots as
“non-buildable parcels”, and a five foot separation between the developer’s wall and structures.
Motion by Wilson; seconded by Edstrom to approve.
Motion passed unanimously without any discussion.
C.4 Highlands Neighborhood 2, Phase 1B. Discuss and take appropriate action regarding approval of
a Final Plat request from Jacobs Carter Burgess on behalf of High Trophy Development, LLC for
The Highlands at Trophy Club Neighborhood 2, Phase 1B, 108 Residential Lots and 4 Open
Space Lots (39.810 acres) (FP-07-012)
Chairman Hill reported the Commission’s recommendation approving the Final Plat of Highlands
Neighborhood 2, Phase 1B, with its stipulations regarding the note identifying certain Open Space Lots as
“non-buildable parcels”, and a five foot separation between the developer’s wall and structures.
Motion by Edstrom; seconded by Sterling to approve.
Motion passed unanimously without any discussion.
C.5 Highlands Neighborhood 5, Phase 1D-1. Discuss and take appropriate action regarding a Final
Plat Approval Request from Jacobs Carter Burgess on behalf of High Trophy Development, LLC
for The Highlands at Trophy Club Neighborhood 5, Phase 1D-1, 43 Residential Lots and 2 Open
Space Lots (11.788 acres) (FP-07-017)
Chairman Hill reported the Commission’s recommendation approving the Final Plat of Highlands
Neighborhood 5, Phase 1D-1, with its stipulations regarding the note identifying certain Open Space Lots
as “non-buildable parcels”, and a separation between the developer’s wall and structures.
64
Steve Lenart explained this as the same situation as Item C.1. Mayor Sanders informed Council of their
options to approve the plat as drawn and either amend the PD or leave the easement in the side yard.
Motion by Sterling; seconded by Edstrom to approve.
Council member Wilson clarified staff’s confidence to approve now as these issues will be readdressed at
a later time.
Motion passed unanimously without further discussion.
C.6 Highlands Neighborhood 5, Phase 1D-2. Discuss and take appropriate action regarding
approval of a Final Plat Approval Request from Jacobs Carter Burgess on behalf of High Trophy
Development, LLC for The Highlands at Trophy Club Neighborhood 5, Phase 1D-2, 50
Residential Lots and 1 Open Space Lot (14.523 acres) (FP-07-019)
Chairman Hill reported the Commission’s recommendation approving the Final Plat of Highlands
Neighborhood 5, Phase 1D-2, with its stipulations regarding the note identifying certain Open Space Lots
as “non-buildable parcels”,
Town Manager Emmons confirmed entry in and out of the neighborhood would be triggered once 741 lots
were reached.
Motion by Edstrom; seconded by Sterling to approve.
Council member Wilson thanked the Planning and Zoning Commission and staff for their thoroughness.
Mayor Sanders agreed with Council member Wilson’s sentiments on behalf of the entire Council.
Motion passed unanimously without further discussion.
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.
C.8 Discuss and take appropriate action regarding Police Chief Kniffen's update and recommendation
on the police equipment and cars.
Town Manager Emmons explained the equipment listed in the packet; the total of $63,914 has not been
budgeted in the FY07/08 and is being brought forward at Council’s request. The Town has received a
quote with annual payments of $21,284.87, the first payment due April 2008 and with a 3% interest rate.
Emmons said surplus funds are available and recommended the Council approve the $21,284.87. If
surplus money comes up in another area, this amount will be repaid.
Council member Wilson asked if the Police Department is unable to adequately perform their job without
this equipment. Police Chief Kniffen replied the response times are impacted. Mayor Pro Tem Edstrom
65
is concerned about amending the budget only three months into the fiscal year and questioned a way to
prioritize and minimize the impact on this year’s budget. Mayor Sanders and Town Manager Emmons
answered by financing over three years and annual payments of $21,000.
Motion made by Wilson, authorizing staff to begin the process to secure a loan not to exceed $63,914 for
police equipment. Motion died for lack of a second.
Council member Sterling agreed with Edstrom’s concern and noted the Police Department’s necessity for
officer safety is the video cameras and correlating software.
Motion made by Sterling, seconded by Edstrom to fund the leased equipment, excluding the radar
systems both hand held and car mounted, and to come back with financing options.
Motion passed unanimously without further discussion.
C.9 Discuss and take appropriate action regarding the Court Investigation.
Motion by Edstrom; seconded by Wilson to officially acknowledge closure of this case and approve court
staff to archive investigation documents that it supplied to the FBI appropriately.
Motion passed unanimously without further discussion.
C.10 Discuss and take appropriate action to approve financials and variance report dated:
a. October 2007
b. November 2007
Motion by Edstrom; seconded by Wilson to approve October’s financials and variance report.
Mayor Sanders thanked Finance Director, Sakura Dedrick for the detail.
Motion passed unanimously without any discussion.
C.11 Town Manager Emmons gave the presentation and update on the 2008 Street Bond project.
Mayor Pro Tem Edstrom would like the RFP to ask whether a contractor uses green manufactured
concrete plants. Mayor Sanders would like to ensure that we can award the bid to the most qualified, not
just to lowest.
No action taken.
C.12 Items for Future Agenda.
Town Manager Emmons reported his scheduled meeting the coming week on the following:
1. Town Manager Emmons to provide an update on the water feasibility study progress and whether the
MUDs are willing to participate. Council member Wilson
2. Town Manager Emmons to report on the sound barrier issues on the east side and TXDOT, and
discussion of same.
No items added.
C.13 Reports:
Town Manager Emmons gave his Report.
D.1 Adjourn.
66
Motion made by Sterling, seconded by Wilson to adjourn.
Meeting adjourned at 9:42 p.m.
___________________________________ ____________________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
67
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-18-2008
Subject: Agenda Item No.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.
EXPLANATION:
Staff seeks direction from Council regarding cut-off date for pool owners to comply with
new ordinance regulations.
RECOMMENDATION:
ACTION BY COUNCIL:
(bse)
Attachments: 1. Results from “Google” search of “Filter Backwash”
2. Local Cities' Regulations Regarding Discharge of Backwash
3. Ordinance
68
Results from “Google” search of “Filter Backwash”:
1. Dispose of your pool water to the sanitary sewer through a sewer cleanout, a
laundry sink or other interior plumbing fixtures. The sanitary sewer system is
designed to remove many pollutants from water.
2. Dechlorinate your pool water before discharging it to the storm drain. You can
either buy a chemical dechlorinator (available in pool supply stores) or let the
chlorine level decrease on its own. Test the chlorine level to determine when the
water may be discharged to the storm drain.
3. If you are absolutely sure that your pool water does not contain harmful
concentrations of chlorine or copper, you can use the storm drain. A pool
maintenance company or a local analytical laboratory can help you determine the
concentration of chlorine and copper in your pool.
4. Maintain the proper chemical balance and filtration in your pool. If you do so, you
will not have to drain your pool so often. Proper maintenance also prevents
unnecessary corrosion of copper pipes and equipment.
5. Plumb your filter backwash to the sanitary sewer according to the local building
codes. For diatomaceous earth filters, a proper connection includes a settling
tank to remove filter material prior to discharge.
6. Plumb your filter backwash to the sanitary sewer according to local building
codes. For diatomaceous earth filters, a proper connection includes a settling
tank to remove filter material prior to discharge.
7. Dispose of wastewater from washing cartridge filters in a dirt area or to the
sanitary sewer in compliance with sanitation district requirements.
8. Dispose of spent diatomaceous earth filter medium in the garbage.
9. Backwash diatomaceous earth filters onto dirt. Dispose of spent diatomaceous
earth in the garbage. Diatomaceous earth cannot be discharged to surface
waters, storm drainage systems, septic systems, or on the ground.
• If there is not a suitable dirt area, discharge filter backwash or rinsewater to
the sanitary sewer if permitted to do so by the local sewering agency.
69
Frisco Section 265.188 (Filters) is amended as follows:
(h) Backwashing for post-October 1, 1999, and pre-October 1, 1999, pools and spas. All backwash
systems shall be discharged to the sanitary sewer system through an approved p-trap unless prior approval
for alternate disposal is obtained from the local regulatory authority. See also section 265.196.
Frisco
Section 265.196. (Waste Water Disposal at Post-October 1, 1999, and Pre-October 1, 1999, Pools and
Spas) is amended as follows:
(a) Filter backwash disposal for post-October 1, 1999, and pre-October 1, 1999, pools and spas. Filter
backwash water and pool or spa drainage water from post-October 1, 1999, and pre-October 1, 1999, pools
and spas shall be discharged or disposed of in accordance with the International Plumbing Code as adopted
by the local regulatory authority.
Grand Prairie Sec. 13-444. Public swimming pools and spas--Water supply and waste water discharge.
(a) In a new and existing swimming pool/spa, there shall be no direct mechanical connection between the
potable water supply and the swimming pool/spa, chlorinating system, or the system of piping for the
swimming pool/spa, unless it is protected against cross connection as required by local and state
backflow/back siphonage requirements.
(b) In a new and existing swimming pool/spa, there shall be no direct physical connection between a
wastewater disposal system and a drain or recirculation system. Backwash water shall be discharged
through a plumbing system that includes an air gap meeting local and state backflow/back siphonage
requirements. Splash screening barriers are allowed as long as they do not destroy the air gap
effectiveness.
(c) All discharges from swimming pools and spas must be discharged into the sanitary sewer system. Any
discharges onto the ground are prohibited.
Swimming pool. Swimming pool drainage from private residential pools may not be discharged to the
sanitary sewer system. Swimming pool drainage from public and semi-public swimming pools may be
discharged to the POTW with the prior consent of the authority. Swimming pool filter backwash may be
discharged to the POTW.
All swimming pool back wash and drainage shall be disposed of into the city sanitary water system through
lines and equipment installed in accordance with the city plumbing code unless said water is to be used to
recycle as gray water and for conservation purposes only. No backwash or drainage water may be pumped
or drained directly to adjacent public or private property.
Plano Sec. 6-442. Sewer and waste water disposal.
(a) Drainage from pools: Drainage water from private pools into a sanitary sewer or separation tank.
Maximum size drain to be connected to sanitary sewer shall not exceed three (3) inches in diameter. In no
case shall water from private pools be pumped upon public property, as in alleys or streets.
(b) There shall be no direct physical connection between the sewer system and any drain from the
swimming pool or recirculation system. Any pool or gutter drain or overflow from the recirculation system
when discharged to the sewer system, shall connect through a suitable air gap so as to preclude possibility
of backup of sewage or waste water into the swimming pool piping system.
(c) Deck drains: If used, deck drains shall not connect to sanitary sewer. The drains shall be designed to
carry water to streets or alleys and shall not cause water to flow onto adjacent property.
Saginaw (20) Swimming pool drainage from private residential pools. Swimming pool drainage from public and semi-
public swimming pools may be discharged to the POTW (Publicly Owned Treatment Works) with the prior
consent of the director. Swimming pool filter backwash may be discharged to the POTW;
Permit filter backwash from swimming pools and fountains to drain to any area other than the sanitary sewer
unless specifically approved by the director of public works or his designated representative.
Backwash water from a filter and drainage water from all pools must go to the sanitary sewer system. It may
go to an approved septic tank system if a sanitary sewer is not available.
(g) An air gap or antisiphon device must be installed on any pipe or hose bibb leading to the pool.
Grapevine Drainage and/or backwash from swimming pools shall be discharged to the sanitary sewer system only.
Arlington
803.4 Backwash from swimming pools. Any backwash 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 tailpiece installed a minimum
of 6" (152 mm) above adjacent grade. The tail piece shall be connected to a minimum 3-inch (76 mm) p-trap not less
than 12 inches (304 mm) below grade which discharges into the yard cleanout riser.
NRH
Local Cities' Regulations Regarding Discharge of Backwash
Farmers Branch
70
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.
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:
71
“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 Division of the Community Development 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.
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
72
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
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. .
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 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
73
be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full
force and effect.
SECTION 4.
SAVINGS
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.
PASSED AND APPROVED by the Town of Trophy Club, Texas this the 18th day of February
2008.
Mayor, Nick Sanders
Town of Trophy Club, Texas
74
Effective Date:
[SEAL]
ATTEST:
Town Secretary, Lisa Ramsey
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Town Attorney, Patricia Adams
Town of Trophy Club, Texas
75
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-18-2008
Subject: Agenda Item No. C.6
Discuss and take appropriate action regarding a Resolution to approve the
Texas Department of Transportation’s Master Project Advance Funding
Agreement (MAFA).
EXPLANATION:
As part of the grant for the Safe Routes To School Program, TXDOT requires approval
of their Master Project Advance Funding Agreement, by way of a resolution.
RECOMMENDATION:
Staff recommends approval.
ACTION BY COUNCIL:
(mm)
Attachments: 1. Resolution
76
TOWN OF TROPHY CLUB
RESOLUTION 2008 - XX
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, APPROVING THE TEXAS DEPARTMENT OF
TRANSPORTATION’S MASTER ADVANCE FUNDING AGREEMENT
(MAFA), PURSUANT TO AWARD OF THE GRANT APPLICATION BY
THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THEIR SAFE
ROUTES TO SCHOOL PROGRAM; AUTHORIZING THE TOWN
MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY
DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club prepared and submitted to the Texas
Department of Transportation, hereinafter called the “State”, an application for
consideration under the Safe Routes to School Program to construct sidewalks and
crosswalks to Lakeview Elementary, Beck Elementary and Medlin Middle School,
hereinafter called the Project; and
WHEREAS, the Town of Trophy Club has received approval from the State by
the State’s award of funding for the Project through Minute Order 111071; and
WHEREAS, federal and state laws require the Town of Trophy Club to meet
certain contract standards relating to the management and administration of state and
federal funds; and
WHEREAS, the State now requests approval of its Master Advance Funding
Agreement, hereinafter referred as MAFA, for its Safe Routes to School Project; and
WHEREAS, the Town of Trophy Club finds it in the best interest of its residents;
students; and citizenry to approve the MAFA; and
WHEREAS, The Town of Trophy Club designates Brandon Emmons, Town
Manager, as the grantee's authorized official. The authorized official is given the power
to sign on behalf of the applicant agency and to execute or name a designee to execute
all necessary documents.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
Section 1. The Town of Trophy Club hereby approves the Master Advance
Funding Agreement for a Safe Routes to School Project.
Section 2. The Town of Trophy Club authorizes the Town Manager or his
designee to execute all necessary documents.
77
Section 3 This Resolution shall become effective from and after its date of
passage in accordance with law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 18th day of February, 2008.
_____________________________
Mayor, Nick Sanders
Town of Trophy Club, Texas
ATTEST:
_______________________________
Town Secretary, Lisa Ramsey
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_______________________________
Town Attorney, Patricia Adams
Town of Trophy Club, Texas
78
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-18-2008
Subject: Agenda Item No.C.7
Discuss and take appropriate action regarding a Resolution to approve the
Texas Department of Transportation’s Local Project Advance Funding
Agreement (LPAFA); and providing an effective date.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(mm)
Attachments: 1. Letter from TXDOT
2. Agreement
3. Resolution
79
80
81
82
83
84
85
86
87
88
89
90
91
92
TOWN OF TROPHY CLUB
RESOLUTION 2008 - XX
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, APPROVING THE LOCAL PROJECT
ADVANCE FUNDING AGREEMENT (LPAFA), PURSUANT TO AWARD
OF THE GRANT APPLICATION TO THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR THEIR SAFE ROUTES TO SCHOOL
PROGRAM; AUTHORIZING THE TOWN MANAGER OR HIS DESIGNEE
TO EXECUTE ALL NECESSARY DOCUMENTS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the health and safety of our children is of the highest concern to the
citizens of Trophy Club; and
WHEREAS, the Town of Trophy Club prepared and submitted to the Texas
Department of Transportation, hereinafter called the “State”, an application for
consideration under the Safe Routes to School Program to construct sidewalks and
crosswalks to Lakeview Elementary, Beck Elementary and Medlin Middle School,
hereinafter called the Project; and
WHEREAS, the Town of Trophy Club has received approval from the State, by
the State’s award of funding for the Project through Minute Order 111071; and
WHEREAS, federal and state laws require the Town of Trophy Club to meet
certain contract standards relating to the management and administration of state and
federal funds; and
WHEREAS, the State now requests approval of its Local Transportation Project
Advance Funding Agreement, hereinafter referred as LPAFA, for its Safe Routes to
School Project; and
WHEREAS, the Town of Trophy Club finds it in the best interest of its residents;
students; and citizenry to approve the LPAFA; and
WHEREAS, the Town of Trophy Club designates Brandon Emmons, Town
Manager, as the grantee's authorized official. The authorized official is given the power
to sign on behalf of the applicant agency and to execute or name a designee to execute
all necessary documents.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
Section 1. The Town of Trophy Club hereby approves the Local
Transportation Project Advance Funding Agreement for a Safe Routes to School
Project.
93
Section 2. The Town of Trophy Club authorizes the Town Manager or his
designee to execute all necessary documents.
Section 3 This Resolution shall become effective from and after its date of
passage in accordance with law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 18th day of February, 2008.
_____________________________
Mayor, Nick Sanders
Town of Trophy Club, Texas
ATTEST:
_______________________________
Town Secretary, Lisa Ramsey
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_______________________________
Town Attorney, Patricia Adams
Town of Trophy Club, Texas
94
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-18-2008
Subject: Agenda Item No.C.8
Discuss and take appropriate action authorizing the Town Manager to enter
into a contract with The Management Connection (TMC) for professional
facilitation and training purposes.
EXPLANATION:
On January 28th, The Management Connection (TMC) conducted one-on one
conferences with the Mayor and each Council Member to receive their input in three (3)
major areas in order for TMC to determine solutions and professional facilitation.
RECOMMENDATION:
ACTION BY COUNCIL:
(bse)
Attachments: 1. Letter from TMC
95
96
97
98
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-18-2008
Subject: Agenda Item No.C.9
Items for Future Agenda.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Items for Future Agendas
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 Section 4.05(B)(2) of Article IV, Chapter
5 of the Code of Ordinances relating to number, size and placement of political signs.
4. Discuss and take appropriate action regarding an Ordinance for the Indemnification of Officers as it
relates to section 3.21 of the Town Charter.
5. Discuss and receive input regarding an Ordinance amending Section 6.01(E)(4) of Article VI ”Town
Council Rules of Procedure,” Chapter 1of the Code of Ordinances relating to Presentation by
Citizens. Council member Moss
6. Discuss and receive input regarding an Ordinance amending Article II, ”Traffic and Vehicles” of the
Code of Ordinances relating to speed limit reduction. Council member Moss
7. Town Manager Emmons to provide an update on the water feasibility study progress and whether the
MUDs are willing to participate. Council member Wilson
8. Town Manager Emmons to report on the sound barrier issues on the east side and TXDOT, and
discussion of same.
9. Establish and implement a process for Hotel inspections. (Mayor Pro Tem Edstrom added on
1/21/08)
10. Review the Citizen of the Year guidelines, criteria and voting process. (Mayor Pro Tem Edstrom –
1/21/08)
11. Town Manager Emmons was directed to schedule a workshop with Roanoke and Westlake to discuss
joint venture projects for library, park plans, concerns with the High School and roads.(Council
member Wilson – 1/21/08)
12. Research traffic issue at Trophy Wood Drive and Inverness; and the possibility of funneling the two
lanes into one. (Council member Wilson – added on 1/21/08)(March 3, 2008 Meeting)
13. Annual update and presentation by the Park Board. (August 4, 2008)
99
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-18-2008
Subject: Agenda Item No.C.10
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 4A Liaison, Council member Moss.
(c) Town Council report from EDC 4B Liaison, Council member Sterling.
(d) Town Council report from Parks and Recreation Department. (monthly)
Attachments: 1. None
100
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-18-2008
Subject: Agenda Item No.D.1
Adjourn.