Agenda Packet TC 03/03/2008 1
Town of Trophy Club
Town Council Public Hearing/Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, March 3, 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 Biannual update by Staff Liaison for Ways & Means Advisory Group, and
discussion of the same.
B.1 Consent Agenda: Discuss and take appropriate action ratifying an Ordinance
approving the terms and conditions of a note, as well as a specified lender for the
financing of new in-car video equipment for the police department.
B.2 Consent Agenda: Discuss and take appropriate action to approve financials and
variance report dated:
a. January 2008 - March 3
B.3 Consent Agenda: Discuss and take appropriate action regarding a Resolution
approving the submission of the grant application for the School Resource Officer
Program for the 2008-2009 fiscal year and designating the Town Manager as the
authorized official for the Town.
B.4 Consent Agenda: Discuss and take appropriate action regarding an Ordinance of
the Town of Trophy Club approving a settlement agreement between Atmos
Energy Corporation, Mid-Tex Division and Atmos Texas Municipalities,
determining that existing rates should be changed, and adopting new tariffs.
2
C.1 Public Hearing: Consider a Resolution of the Town of Trophy Club determining
the current rates of the Atmos Energy Corporation, Mid-Tex Division to be unjust
and unreasonable.
D.1 Discuss and take appropriate action regarding a Resolution of the Town of
Trophy Club determining the current rates of the Atmos Energy Corporation, Mid-
Tex Division to be unjust and unreasonable.
D.2 Discuss and take appropriate action relative to a request for a Temporary Use
Community Garage Sale Permit granted by Special Privilege. (Applicant: Betty
Watson, Trophy Club Women's Club)
D.3 Discuss and take appropriate action awarding the contract for Trophy Club Drive
(Master Improvements) Phase 2 project bid.
D.4 Discuss and take appropriate action regarding an Agreement for Professional
Services between Carter & Burgess, Inc. and the Town of Trophy Club for
Construction Phase Services related to the Highlands at Trophy Club Master
Improvements, Phase 2.
D.5 Discuss and take appropriate action regarding an Ordinance amending Chapter
1, entitled "Administration" of the Code of Ordinances, enacting Section 8.16,
entitled "Public Works for Public Improvement District No. 1."
D.6 Discuss and take appropriate action regarding the submission of the Grant
application for the Criminal Investigator Program for the 2008-09 fiscal year.
D.7 Discuss and take appropriate regarding the consideration of proposed site
options to move the outdoor warning siren from the Harmony Park parking areas
owned by Beck Properties.
D.8 Discuss and take appropriate action directing staff to undertake a traffic study in
the area of Trophy Wood to 114 and Trophy Wood and Inverness to address
safety concerns, flow of traffic, number of lanes and potential for a mandatory
turn lane.
D.9 Discuss and take appropriate regarding the Employee Services Contract.
D.10 Discuss and take appropriate action 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.
D.11 Discuss and take appropriate action to approve Minutes dated, February 11,
2008.
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D.12 Discuss and take appropriate action regarding the proposal and resulting
negotiations between the Town of Trophy Club and the Management
Connection, Joe Gonzales.
D.13 Assistant Town Manager to give a report regarding the items to be discussed at
the Regional Roundtable Meeting between the Town Council of Trophy Club, the
Board of Alderman for the Town of Westlake, City Council for the City of
Roanoke and the Board of Directors for the Northwest Independent School
District and discussion of the same.
D.14 Town Manager to give a report regarding the creation of a Water/Wastewater
study team and discussion of the same.
D.15 Items for Future Agenda.
D.16 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.
E.1 Council to convene into executive session pursuant to Texas Government Code,
Annotated, Subchapter 551, Section 551.071 (1) "Consultation With Attorney," in
order to seek the advice of its attorney about pending or contemplated litigation:
(1) Quanah Properties L.P. v. Town of Trophy Club, Cause No. 067 228781 08
E.2 Discuss and take appropriate action relative to Executive Session Item Number
E1.
F.1 Adjourn.
4
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-3-2008
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
5
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-3-2008
Subject: Agenda Item No.A.2
Invocation.
6
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-3-2008
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."
7
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-3-2008
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.
8
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-3-2008
Subject: Agenda Item No.A.5
Biannual update by Staff Liaison for Ways & Means Advisory Group, and
discussion of the same.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(smd)
Attachments: 1. n/a
9
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-3-2008
Subject: Agenda Item No.B.1
Consent Agenda: Discuss and take appropriate action ratifying an
Ordinance approving the terms and conditions of a note, as well as a
specified lender for the financing of new in-car video equipment for the
police department.
EXPLANATION:
The Town Council previously approved both the terms and lender (California First
National Bank) for the financing of new in-car video equipment for the Police
Department at their Council meeting on February 4, 2008. Although the Town was pre-
approved and in the last stage of finalizing this loan, the lender notified us that it would
not be able to complete the transaction. The Town has since made arrangements with
our local bank, First Financial, who has agreed to provide financing. First Financial was
actually considered our second choice; however, we initially chose California First
National Bank due to their lesser interest rate.
In-Car Video Replacement Costs $24154.00
Installation $ 2100.00
Toughbook $ 8780.00
Server $13706.00
TOTAL TO BE FINANCED $48740.00
FIRST FINANCIAL BANK TERMS (CURRENT LENDER)
Annual Payment $17011.10 (Unbudgeted In FY07-08)
Total Years 3 Years
Interest Rate 4.00%
Interest Total $2293.54
Disbursement Date March 1, 2008
Payment Date May 1 Each Year
CALIFORNIA FIRST NATIONAL BANK (PREVIOUS LENDER)
Annual Payment $16979.64 (Unbudgeted In FY07-08)
Total Years 3 Years
Interest Rate 3.74%
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RECOMMENDATION:
Ratify ordinance to approve the financing of new police equipment.
ACTION BY COUNCIL:
(smd)
Attachments: 1. Ordinance
11
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2008- XX
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, AUTHORIZING AND APPROVING THE
TERMS AND CONDITIONS OF A NOTE AS WELL AS THE SPECIFIED
LENDER FOR THE PURCHASE OF IN-CAR VIDEO REPLACEMENT
AND ASSOCIATED COMPONENTS FOR THE POLICE DEPARTMENT;
PROVIDING FOR AN AGGREGATE TOTAL NOT TO EXCEED FORTY
EIGHT THOUSAND SEVEN HUNDRED FORTY DOLLARS ($48,740)
PAYABLE ANNUALLY COMMENCING IN FISCAL YEAR 2007-08 AND
BEING RETIRED IN FISCAL YEAR 2009-10; AUTHORIZING THE
TOWN MANAGER OR HIS DESIGNEE TO EXECUTE ALL
NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The Town Council of the Town of Trophy Club is a Home Rule
municipality created under the Constitution of the State of Texas; and
WHEREAS, With the increasing age and out datedness of existing inventory and
with anticipated growth relative to new development, in-car video equipment and
associated components is required to meet current and future law enforcement needs;
and
WHEREAS, A need for replacement in-car video and associated components will
reduce the cost of repairs required to maintain our aging inventory, as well as provide
better performance; and
WHEREAS, The Town Council has historically utilized short-term debt financing
to purchase needed equipment in order to spread the cost of equipment over the useful
life of the equipment and provisions have been made in next year’s budget, as well as
the out year budgets, for payment of this debt; and
WHEREAS, Several lenders were asked to provide terms for this financing and
First Financial Bank (Interest Rate of 4.00%) has the best terms for this type of
financing; and
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
Section 1. All of the above premises are found to be true and correct and are
hereby affirmed and adopted as findings by the Town Council of the Town of Trophy
Club.
Section 2. The Town Council hereby approves the terms of this Ordinance
authorizing the purchase and financing of the above referenced equipment in an
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amount not to exceed forty eight thousand seven hundred forty dollars ($48,740) and
accepts the proposal as put forth by First Financial Bank (Interest Rate of 4.00%).
Section 3. The Town Manager or his designee is hereby authorized to
purchase the needed equipment and to execute the appropriate documents with First
Financial Bank (Interest Rate of 4.00%).
Section 4. This Ordinance is hereby approved and shall become effective
immediately upon its passage. The Town Secretary shall record this Ordinance in the
Town records as required by the Charter.
DULY PASSED AND APPROVED this the 3rd day of March, 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
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-3-2008
Subject: Agenda Item No.B.2
Consent Agenda: Discuss and take appropriate action to approve
financials and variance report dated:
a. January 2008 - March 3
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
14
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-3-2008
Subject: Agenda Item No.B.3
Consent Agenda: Discuss and take appropriate action regarding a
Resolution approving the submission of the grant application for the
School Resource Officer Program for the 2008-2009 fiscal year and
designating the Town Manager as the authorized official for the Town.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(sk)
Attachments: 1. Resolution
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TOWN OF TROPHY CLUB
RESOLUTION 2008-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, APPROVING THE SUBMISSION OF THE
GRANT APPLICATION FOR THE SCHOOL RESOURCE OFFICER
PROGRAM FOR THE 2008-2009 FISCAL YEAR; AUTHORIZING THE
TOWN MANAGER OR HIS DESIGNEE TO EXECUTE ALL
NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The Town of Trophy Club finds it in the best interest of the citizens
of Town of Trophy Club that the School Resource Officer Program be operated for the
2008-2009 fiscal year; and
WHEREAS, The Town of Trophy Club agrees to provide applicable matching
funds for the said project as required by the Safe and Drug Free Schools and
Communities Act (SDFSC) grant application; and
WHEREAS, The Town of Trophy Club agrees that in the event of loss or misuse
of the Criminal Justice Division funds, The Town of Trophy Club assures that the funds
will be returned to the Criminal Justice Division in full; 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 apply for, accept, reject, alter or terminate the grant 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:
Section 1. That the Town of Trophy Club approves submission of the grant
application for the School Resource Officer Program to the Office of the Governor,
Criminal Justice Division and authorizes the Town Manager or his designee to execute
all necessary documents.
Section 2. That, this Resolution shall become effective from and after its date
of passage in accordance with law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 3rd day of March, 2008.
_______________________________
Mayor, Nick Sanders
Town of Trophy Club, Texas
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ATTEST:
_______________________________
Town Secretary, Lisa Ramsey
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_______________________________
Town Attorney, Patricia Adams
Town of Trophy Club, Texas
17
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-3-2008
Subject: Agenda Item No.B.4
Consent Agenda: Discuss and take appropriate action regarding an
Ordinance of the Town of Trophy Club approving a settlement agreement
between Atmos Energy Corporation, Mid-Tex Division and Atmos Texas
Municipalities, determining that existing rates should be changed, and
adopting new tariffs.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(bse)
Attachments: 1. Background on Settlement Agreement Resolution
2. Ordinance
3. Settlement Agreement
Attachment A, Findings on Existing Rates
Attachment B, Adoption of New Tariffs
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REDUCTION IN RATE REQUEST BY 80%
Atmos requested a $52 million rate increase. The settlement provides for a $10 million
increase, this is more than an 80% reduction in the requested increase in rates. Under
the settlement, residential rates will increase by 20 cents per month.
Atmos Requested
Rates
Settlement
Agreement
Change Chang
e
Current
Monthly
Bill
Atmos Req
Monthly Bill
$ %
Settlement
Monthly Bill
$ %
Residential
(using 4.4 Mcf
per month)
$54.99 $57.07 $2.08 3.77% $55.19 $0.20 0.37
%
Commercial
(using 30 Mcf
per month)
$296.15 $305.36 $9.21 3.11% $299.60 $3.48 1.18
%
GRIP IS ELIMINATED
Atmos has been making filings annually under its Gas Reliability Infrastructure Program
(“GRIP”). The agreement calls for the end of GRIP filings. It will be replaced by a Rate
Review Mechanism (“RRM”). The RRM will permit participation by ATM to review each
expenditure. This was not possible under the GRIP filings. Under GRIP, cities did not
get to review expenditures for reasonableness or prudence.
INCREASE IN FRANCHISE COMPENSATION
The Settlement also provides that as a member of ATM, the city council may increase
franchise compensation up to 5% of gross revenue. ATM will provide the forms for
making the request to increase franchise compensation.
ATMOS TO DISCUSS PIPELINE PROJECTS QUARTERLY
Atmos will meet quarterly with representatives of ATM to discuss pipeline projects and
other capital expenditures so that ATM Cities can have dialogue about such
investments.
BACKGROUND ON SETTLEMENT
AGREEMENT RESOLUTION
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CONSERVATION PROJECT INITIATED
The Settlement calls for a conservation program to be initiated which is aimed at
modest income customers. ATM will have input in developing the program. To start
with, ratepayers and shareholders will contribute $1 million to the program.
FUNDS ARE PROVIDED FOR RATE REVIEWS
The Settlement provides funds for consultants to review the changes in rates sought by
Atmos. Such finding was not available to review the annual GRIP filings.
CUSTOMER CHARGE REDUCTIONS
On October 1, 2008, the residential customer charge is to be reduced from $10.69 to
$7.00 and the commercial customer charge is to be reduced from $20.28 to $13.50.
These changes promote conservation. They provide an incentive to use less gas. In
general, low-income customers and low use small businesses will benefit from the
customer charge reductions.
IMPROVEMENTS IN RATE REVIEW MECHANISM (“RRM”)
ATM began its negotiations with Atmos by focusing upon the RRM Rider, which had
been agreed to by another group of cities. Over 60% of the RRM Rider was redrafted.
The changes, which were made to the Rider by ATM Cities, should result in significantly
reduced rate requests from what Atmos could have requested under the prior version of
the RRM.
EXPENSES REMOVED FROM RATE FILINGS
Atmos has agreed to remove all of the following types of expenses from any RRM filing.
• Amounts incurred for travel, meals or entertainment of employee spouses.
• Amounts for air travel that exceed published commercial coach airfares.
• Amounts incurred for hotel rooms exceeding $250 per night inclusive of
taxes and fees assessed on such rooms.
• Amounts for alcoholic beverages.
• Amounts paid for admission to entertainment, sports, art or cultural
events, and all event sponsorship costs.
• Amounts for social club dues or fees.
RECOMMENDATION
ATM recommends that the Settlement Agreement be adopted. There was a serious risk
that the ultimate increase to be awarded by the Railroad Commission would be
considerably higher than $10 million. Taking into consideration the benefits set forth
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above, the Settlement Agreement with the attached tariffs and riders is in the public
interest.
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TOWN OF TROPHY CLUB
ORDINANCE NO. 2008-
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS APPROVING A SETTLEMENT AGREEMENT BETWEEN
ATMOS ENERGY CORPORATION, MID-TEX DIVISION AND ATMOS
TEXAS MUNICIPALITIES; DECLARING EXISTING RATES TO BE
UNREASONABLE; ADOPTING RATE ADJUSTMENTS CONSISTENT
WITH THE SETTLEMENT AGREEMENT; FINDING THE RATES TO BE
SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE;
FINDING THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS
ACT; PROVIDING FOR THE REPEAL OF INCONSISTENT
ORDINANCES; PROVIDING FOR SEVERABILITY;
DECLARING AN EFFECTIVE DATE AND REQUIRING ENGROSSMENT
AND ENROLLMENT IN ACCORDANCE WITH THE TOWN CHARTER;
AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE
COMPANY AND LEGAL COUNSEL.
WHEREAS, the Town of Trophy Club (“Town”) is a regulatory authority under the
Gas Utility Regulatory Act (“GURA”) and under § 103.001 of GURA has exclusive
original jurisdiction over Atmos Energy Corporation – Mid-Tex Division (“Atmos”) rates,
operations, and services of a gas utility within the municipality; and
WHEREAS, the Town has participated in prior cases regarding Atmos as a part
of a coalition of cities known as the Atmos Texas Municipalities (“ATM”), including
Railroad Commission Gas Utilities (“GUD”) Docket No. 9400, numerous filings by Atmos
pursuant to Section 104.301 of GURA, and GUD Docket No. 9670; and
WHEREAS, (“Atmos”) filed a Statement of Intent with the Town on or about
September 20, 2007 to increase its system-wide, annual revenue requirement, by
approximately $51.9 million; and
WHEREAS, the Town has, by previous ordinance or resolution, denied the
requested rate increase, authorized participation in ATM and authorized the hiring of
lawyers and rate experts; and
WHEREAS, Atmos has appealed the previous ordinance or resolution to the
Railroad Commission of Texas, which has docketed the appeal along with other
appeals as GUD No. 9762; and
WHEREAS, ATM has conducted extensive discovery upon Atmos and has
engaged in extensive negotiations regarding the appropriate rates and rate structure
for Atmos; and
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WHEREAS, Atmos and ATM have entered into a Settlement Agreement
resolving all disputes regarding the appropriate rates, terms and conditions for Atmos;
and
WHEREAS, Atmos and ATM have determined that the best method to
implement such settlement agreement is to have it approved by each ATM Town ; and
WHEREAS, in order for Town to examine the Settlement Agreement, it has
reestablished its original jurisdiction over the rates of Atmos by issuing a Show Cause
against Atmos; and
WHEREAS, the Town has given reasonable notice to Atmos regarding the
consideration of the Settlement Agreement and
WHEREAS, the Settlement Agreement will resolve several previously-litigated
cases and will resolve all issues currently pending before the Railroad Commission in
GUD No. 9762, as well as issues relating to franchise agreements with Atmos; and
WHEREAS, the Settlement Agreement will result in Atmos receiving a $10
million system-wide rate increase, which is significantly smaller than the $51.9 million
sought by Atmos, and
WHEREAS, the Settlement Agreement creates an experimental and expedited
rate review process , called the Rate Review Mechanism (“RRM”) in lieu of the
Section 104.301 filings, which will allow for a consideration of both increases and
decreases in expenses and investments and will allow for increased participation by
Town regulators in future rate cases; and
WHEREAS, the RRM will also allow Atmos a greater opportunity to earn its
authorized rate of return, but no more, by use of a “true-up” calculation contained
within the RRM tariff; and
WHEREAS, the Settlement Agreement calls for a reduction in customer
charges for residential and commercial customers and
WHEREAS, the Settlement Agreement excludes specified expenses from
recovery by Atmos; and
WHEREAS, the Settlement Agreement contains a “most-favored-nations”
clause that provides Town with the benefit of any other RRM settlement or any other
settlement of the issues related to the September 20, 2007 Statement of Intent or
GUD No. 9672, under certain conditions;
WHEREAS, the Settlement Agreement authorizes other changes in rates and
tariffs that should enable Atmos to provide efficient service at reasonable rates and
provides for the reimbursement of ATM expenses; and
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WHEREAS, the Settlement Agreement provides for quarterly meetings
between Atmos and Town representatives in order to improve communication and
cooperation; and
WHEREAS, the Settlement Agreement provides a mechanism for the Town to
amend or renew its franchise agreement with Atmos at 5% of Gross Revenues; and
WHEREAS, the Settlement Agreement resolves numerous cases currently
pending on appeal and provides for payment to ATM associated with such cases; and
WHEREAS, the Town desires to avoid the cost and uncertainty of litigating the
cases at the Railroad Commission and the courts; and
WHEREAS, the ATM lawyers as well as numerous representatives from the
ATM Cities have negotiated with Atmos on several occasions; and
WHEREAS, the ATM lawyers have recommended the approval of the
Settlement Agreement: and
WHEREAS, the Town has examined the Settlement Agreement and its
attached tariffs, rates, terms and conditions; and
WHEREAS, the Settlement Agreement as a whole is consistent with the public
interest; and
WHEREAS, the tariffs, rates, terms and conditions attached to the Settlement
Agreement should be found to be just, reasonable and in the public interest.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB THAT:
Section 1. That the statements set out in the preamble to this Ordinance are
hereby in all things approved and adopted.
Section 2. Pursuant to Utilities Code Section 104.151, the Town finds that the
existing rates, terms and conditions of Atmos are unreasonable and determines that
such rates, terms and conditions should be changed.
Section 3. The Town Council finds that the Settlement Agreement, which is
attached hereto and incorporated herein as Attachment A, is in the public interest and is
hereby endorsed in all respects.
Section 4. The Town Council finds that the new tariffs, which are attached
hereto and incorporated herein as Attachment B, are just and reasonable and are
hereby adopted.
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Section 5. To the extent any ordinance previously adopted by the Council is
inconsistent with this Ordinance, it is hereby repealed. 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. The meeting at which this Ordinance was approved was in all
things conducted in strict compliance with the Texas Open Meetings Act, Texas
Government Code, Chapter 551.
Section 7. This Ordinance shall become effective from and after its passage
with rates authorized by the Attached Tariffs to be effective in accordance with the
terms of the Settlement Agreement. 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 8. A copy of this Ordinance shall be sent to Atmos Mid-Tex, care of
Joe T. Christian, Director of Rates, at Atmos Energy Corporation, 5420 LBJ Freeway,
Suite 1800, Dallas, Texas 75204, and to Jim Boyle, Counsel to ATM, Herrera and
Boyle, PLLC, 860 Congress Avenue, Suite 1120, Austin, TX 78701.
Section 9. This Ordinance shall take effect from and after its date of passage
in accordance with law.
PASSED and APPROVED by the Town Council of the Town of Trophy Club,
Texas on this 3rd day of March 2008.
_____________________________
Mayor, Nick Sanders
Town of Trophy Club, Texas
ATTEST:
________________________________
Town Secretary,
Town of Trophy Club, Texas
APPROVED AS TO FORM:
25
________________________________
Town Attorney,
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-3-2008
Subject: Agenda Item No.C.1
Public Hearing: Consider a Resolution of the Town of Trophy Club
determining the current rates of the Atmos Energy Corporation, Mid-Tex
Division to be unjust and unreasonable.
EXPLANATION:
Resolution and backup provided under Item D.1.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
68
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-3-2008
Subject: Agenda Item No.D.1
Discuss and take appropriate action regarding a Resolution of the Town of
Trophy Club determining the current rates of the Atmos Energy
Corporation, Mid-Tex Division to be unjust and unreasonable.
EXPLANATION:
REASON FOR SHOW CAUSE
Atmos appealed the Council’s denial of its request for a $52 million increase in rates to
the Railroad Commission of Texas. The appeal was consolidated with GUD Docket No.
9762. While at the Commission, ATM and Atmos were able to work out a settlement of
their differences. Part of the Settlement included matters not appropriate to the
jurisdiction of the Railroad Commission, like the agreement to allow ATM Cities to
increase the municipal franchise compensation rate to 5% of gross receipts.
Also, by continuing with the Settlement at the Commission, it was felt by legal counsel
for ATM that there was some risk that the delicate balance of costs and benefits
resulting from the Settlement might be undone. For these reasons, it was felt that it is
prudent to re-establish jurisdiction before each ATM municipality. Jurisdiction can be
re-established through the adoption of the Show Cause Resolution.
RECOMMENDATION
ATM recommends adoption of the Show Cause Resolution so that the City may re-
establish jurisdiction over the rates of Atmos Energy Corp., Mid-Tex Division in order to
be able to consider the Settlement Agreement which is before the Council later in this
agenda.
(bse)
Attachments: 1. Resolution
69
TOWN OF TROPHY CLUB
RESOLUTION NO. 2008-
A RESOLUTION OF THE TOWN OF TROPHY CLUB
DETERMINING THE CURRENT RATES OF THE ATMOS
ENERGY CORPORATION, MID-TEX DIVISION TO BE UNJUST
AND UNREASONABLE; PROVIDING FOR A REASONABLE
NOTICE AND HEARING; FINDING THAT THE MEETING
COMPLIED WITH THE OPEN MEETINGS ACT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, Atmos Energy Corporation – Mid-Tex Division (“Atmos”) filed a
Statement of Intent with the Town of Trophy Club, Texas (“Town”) on September 20,
2007 to increase its system-wide, annual revenue requirement, by approximately $51.9
million; and
WHEREAS, the City is a regulatory authority under the Gas Utility Regulatory Act
(“GURA”) and under § 103.001 of GURA has exclusive original jurisdiction over Atmos’
rates, operations, and services of a gas utility within the municipality; and
WHEREAS, the City has, by previous ordinance or resolution, denied the
requested rate increase, authorized participation in a coalition of cities known as
Atmos Texas Municipalities (“ATM”) and authorized the hiring of lawyers and rate
experts; and
WHEREAS, Atmos has appealed the previous ordinance or resolution to the
Railroad Commission of Texas, which has docketed the appeal along with other
appeals as Gas Utilities Docket No. 9762; and
WHEREAS, ATM has conducted extensive discovery upon Atmos and has
engaged in extensive negotiations regarding the appropriate rates and rate structure
for Atmos; and
WHEREAS, Atmos and ATM have entered into a settlement agreement
resolving all disputes regarding the appropriate rates, terms and conditions for Atmos;
and
WHEREAS, Atmos and ATM have determined that the best method to
implement such settlement agreement is to have it approved by each ATM city; and
WHEREAS, in order for City to examine the settlement agreement, it must
reestablish its original jurisdiction over the rates of Atmos; and
WHEREAS, the Gas Utilities Regulatory Act authorizes municipalities
exercising original jurisdiction over gas utilities to issue a Show Cause as to their
rates, terms and conditions,
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NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB THAT:
Section 1. That the statements set out in the preamble to this resolution are
hereby in all things approved and adopted.
Section 2. Pursuant to Utilities Code Section 104.151, the City finds that the
existing rates, terms and conditions of Atmos are unreasonable and determines that
Atmos should Show Cause why such rates, terms and conditions should not be
changed.
Section 3. In light of the fact that a settlement agreement has been reached
between Atmos and ATM resolving all issues, it is reasonable to proceed to a hearing
on the settlement agreement without additional notice to Atmos and it is reasonable to
hold such hearing at the same city council meeting as the meeting at which this
resolution is adopted.
Section 4. The meeting at which this resolution was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government
Code, Chapter 551.
Section 5. This resolution shall become effective from and after its passage.
PASSED and APPROVED by the Town Council of the Town of Trophy Club,
Texas on this 3rd day of March 2008.
_____________________________
Mayor of Trophy Club, Nick Sanders,
ATTEST:
______________________________
Town Secretary, Lisa Ramsey
APPROVED AS TO FORM:
________________________________
Town Attorney, Patricia Adams
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-3-2008
Subject: Agenda Item No.D.2
Discuss and take appropriate action relative to a request for a Temporary
Use Community Garage Sale Permit granted by Special Privilege.
(Applicant: Betty Watson, Trophy Club Women's Club)
STAFF COMMENTS: The Trophy Club Women’s Club will be handling the event in the
same manner as in previous years.
The Spring garage sale will be held Saturday, April 19, 2008.
The Fall sale will occur Saturday, October 4, 2008.
For each event, no alternate rain day is planned.
PLANNING & ZONING COMMISSION RECOMMENDATION: On February 21, 2008,
the Planning & Zoning Commission recommended approval of this request by a
unanimous vote.
(ch)
Attachments: 1. Application
2. Excerpt from February 21, 2008, Planning & Zoning Commission
Meeting Minutes
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EXCERPT FROM FEBRUARY 21, 2008 PLANNING & ZONING COMMISSION
MEETING MINUTES
C.1 DISCUSSION AND APPROPRIATE ACTION RELATIVE TO A REQUEST FOR
A TEMPORARY USE COMMUNITY GARAGE SALE PERMIT GRANTED BY
SPECIAL PRIVILEGE. (APPLICANT: TROPHY CLUB WOMEN’S CLUB).
Commissioner Reed made a motion recommending that the Town Council approve the
request for a temporary use Community Garage Sale Permit for April 19, 2008 and
October 4, 2008. Vice Chairman Stephens seconded the motion.
Ayes: Hill, Stephens, Reed, Ashby, Forest, Sanchez, Sheridan
Nays: None
Action: 7-0, Approved
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-3-2008
Subject: Agenda Item No.D.3
Discuss and take appropriate action awarding the contract for Trophy Club
Drive (Master Improvements) Phase 2 project bid.
Attachments: 1. Bid Tab
2.Construction Contract
Page 7-0
SECTION 7.
CONSTRUCTION AGREEMENT
BETWEEN
THE TOWN OF TROPHY CLUB AND CONTRACTOR
Page 7-1
CONSTRUCTION AGREEMENT
PAVING, GRADING AND UTILITY IMPROVEMENTS
FOR
THE HIGHLANDS AT TROPHY CLUB MASTER IMPROVEMENTS PHASE 2
PROJECT NO. 200801
THIS CONSTRUCTION AGREEMENT is made and entered into by and between
FOUR D CONSTRUCTION, INC. (hereinafter referred to as "Contractor"), and the
TOWN OF TROPHY CLUB, TEXAS, a Home Rule Municipal Corporation (hereinafter
referred to as "Town"), to be effective from and after the date hereinafter provided.
For and in consideration of the covenants and agreements contained herein, and
for the mutual benefits to be obtained hereby, the parties hereto agree as follows:
I. CONTRACT DOCUMENTS
The parties agree that the Contract Documents shall consist of the following:
1. This written Construction Agreement;
2. The Technical Specifications, and the Project Drawings (if any);
3. The Special Provisions and Pay Item Descriptions
4. The Special Conditions
5. The Insurance Requirements in Section 11 of these Contract Documents
6. The General Conditions (The Standard Specifications for Public Works
Construction (North Central Texas Fourth Edition) as amended and
supplemented (hereinafter referred to as NCTCOG Specifications") );
7. Notice to Bidders
8. General Conditions of Bidding
9. A Performance Bond in the sum of ONE HUNDRED PERCENT (100%) of
the total contract price, which Bond shall be on a form provided by the
Town and shall guarantee completion of work in accordance with the
plans and specifications.
10. A Payment Bond in the sum of ONE HUNDRED PERCENT (100%) of the
total contract price; on a form provided by the Town.
Formatted: Font: Not Italic, Font
color: Blue, All caps
Formatted: Font color: Blue, All
caps
Deleted: __________________
Deleted: General Law
Deleted: ¶
Page 7-2
11. A Maintenance Bond in the sum of ONE HUNDRED PERCENT (100%) of
the total contract price, which Bond shall be on a form provided by the
Town, and shall provide for repair or replacement of all defects due to
faulty material and/or workmanship that appear within a period of two (2)
years from the date of final acceptance by the Town; and
12. The Contractor’s Bid Proposal
These Contract Documents form the Construction Agreement and are a part of
this Construction Agreement as if fully set forth herein. The Contract Documents are
complementary and what is called for by one shall be as binding as if called for by all.
In the event of an inconsistency in any of the provisions of the Contract Documents, the
inconsistency shall be resolved by giving precedence to the Contract Documents in the
order in which they are listed above; provided however, that in the event of a conflict
between a document listed above and an addendum to that document, the addendum
to that document which is latest in time shall control.
II. THE WORK
Contractor shall provide all labor, supervision, materials, and equipment
necessary to perform all work required by the Contract Documents in connection with
the Paving, Grading and Utility Improvements for The Highlands at Trophy Club Master
Improvements Phase 2 (the “Project”).
III. TIME OF COMMENCEMENT; TIME OF
COMPLETION; LIQUIDATED DAMAGES/ INCENTIVES
Contractor shall commence work within ten (10) calendar days after receiving from
Town a written notice to proceed or work order. Contractor agrees and covenants that
all work hereunder shall be Substantially Complete within one hundred and fifty (150)
Calendar Days following written notice to proceed. The amount of incentive bonus for
this project is set at $2,000 for each Calendar Day in advance of the one hundred and
fifty (150) Calendar Days allowed for Substantial Completion. The maximum number of
Calendar Days for the incentive bonus is set at thirty (30) Calendar Days for the entire
project. The term “Substantially Complete” or “Substantial Completion” shall mean when
water and sewer utilities have been tested and deemed by Owner as approved for
service and the Owner determines that roadways can be opened for public access. If
the Contractor fails to obtain Substantial Completion with the one hundred and fifty
(150) Calendar Day time period set for performance of the work, liquidated damages will
be assessed in accordance with this section. Any extension by Town of the one
hundred and fifty (150) Calendar Day time period for Substantial Completion of the
Work shall not affect the deadline for incentive bonus purposes. Incentive bonus will
only be paid if Substantial Completion occurs prior to the end of the one hundred and
fifty (150) Calendar Day period.
A time frame of thirty (30) Calendar Days beyond the one hundred and fifty (150)
Calendar Days for Substantial Completion will be given to finalize final punch list items.
If the Contractor fails to finalize all punch list items within the thirty (30) Calendar Day
time frame, then liquidated damages will be assessed in accordance with this section.
Formatted: Not Highlight
Formatted: Indent: First line: 0 pt
Formatted: Not Highlight
Formatted: Not Highlight
Deleted: .
Deleted: complete
Deleted: be considered
Deleted: d
Deleted:
Deleted: beyond the 150 days for
substantial completion.
Deleted: contractor
Deleted: d
Deleted: per NCTCOG Section
108.8.1
Deleted: The maximum number of
Calendar Days for the incentive
bonus is set at ___30___ Calendar
Days for the entire project. Any
extension by Town of the 150
Calendar Day time period for
completion of the Work shall not
affect the deadline for incentive bonus
purposes. Incentive bonus will only
be paid if Substantial Completion
occurs prior to the 150 day period.
Page 7-3
The parties acknowledge that adherence by Contractor to the completion
schedule set forth herein is essential to this Agreement. It is agreed by the parties that
the actual damages sustained by Town by reason of the breach by Contractor of its
promise to complete in accordance with the provisions hereof are uncertain and would
be difficult to ascertain. It is further agreed that the amount of liquidated damages,
based upon the total amount of the contract, the size and magnitude of the Project for
the Town, the hardship that would be created by delay, and the necessity for timely
completion due to the impact of the Project on future development within the Town, is
set at $2,000 per Calendar Day. Such amount shall be due for each Calendar Day that
Substantial Completion is overdue and/or for each Calendar Day beyond the thirty (30)
Calendar Day time frame provided herein for the finalization of final punch list items that
such final punch list items are overdue. Such damages are reasonable and just
compensation for breach, and Contractor hereby promises to pay such sum as
liquidated damages, and not as a penalty, in the event of such breach.
IV. INDEMNITY
Contractor shall release, defend, indemnify and hold harmless Town and
its officers, agents and employees from and against all damages, injuries
(including death), claims, property damages (including loss of use), losses,
demands, suits, judgments and costs, including reasonable attorney’s fees and
expenses, in any way arising out of, related to, or resulting from the performance
of the work or caused by the negligent act or omission of Contractor, its officers,
agents, employees, subcontractors, licensees, invitees or any other third parties
for whom Contractor is legally responsible (hereinafter "Claims"). Contractor is
expressly required to defend Town against all such Claims.
In its sole discretion, Town shall have the right to select or to approve
defense counsel to be retained by Contractor in fulfilling its obligation hereunder
to defend and indemnify Town, unless such right is expressly waived by Town in
writing. Town reserves the right to provide a portion or all of its own defense;
however, Town is under no obligation to do so. Any such action by Town is not
to be construed as a waiver of Contractor’s obligation to defend Town or as a
waiver of Contractor’s obligation to indemnify Town pursuant to this Agreement.
Contractor shall retain Town approved defense counsel within seven (7) business
days of Town’s written notice that Town is invoking its right to indemnification
under this Agreement. If Contractor fails to retain counsel within such time
period, Town shall have the right to retain defense counsel on its own behalf, and
Contractor shall be liable for all costs incurred by Town.
V. CONTRACT SUM
The Town shall pay the Contractor in current funds for the performance of the work.
The contract sum shall not exceed 5,398,082.19 Dollars, subject to additions and
deductions by Change Orders as provided in the Contract Documents. Contractor shall
be paid for actual work performed on the basis of the unit prices in the Bid Proposal.
Additionally, incentive bonus is available in accordance with Section III of this
Formatted: Indent: First line: 0 pt
Formatted: Font color: Blue
Deleted: which might be
Deleted: d
Deleted:
Page 7-4
Agreement with the maximum number of Calendar Days for the incentive bonus set at
thirty (30) Calendar Days for the entire project.
VI. PROGRESS AND FINAL PAYMENTS
Progress and final payments shall be paid to the Contractor in accordance with
the Contract Documents.
Formatted: Font: Bold, Underline,
Font color: Blue
Formatted: Not Highlight
Deleted: ¶
Deleted: _
Deleted: _____
Deleted: ¶
Page 7-5
VII. CHOICE OF LAW; VENUE; CONTRACT INTERPRETATION
The parties agree that the law of the State of Texas shall apply to this
Agreement, and that it is performable in Tarrant/Denton County, Texas. The parties
further agree that exclusive venue shall lie in Denton County, Texas. Although this
Agreement is drafted by the Town, should any part be in dispute, the parties agree the
Agreement shall not be construed more favorably for either Party.
VIII. ENTIRE AGREEMENT; AMENDMENTS;
SUCCESSORS AND ASSIGNS
This Construction Agreement, including the Contract Documents listed in
Paragraph I above, represents the entire and integrated agreement between Town and
the Contractor, and supersedes all prior negotiations, representations, or agreements,
either written or oral. This Construction Agreement may be amended only by written
instrument signed by both Town and Contractor. This Construction Agreement is
binding upon and shall inure to the benefit of the parties hereto and their respective
successors and assigns.
IX. EFFECTIVE DATE
The effective date of this Construction Agreement will be ______________ _, the
date of approval by the Town Council of the Town of Trophy Club, Texas.
IN WITNESS WHEREOF, the parties have executed this Construction
Agreement upon the year and date indicated beside their signatures hereto.
DATE: ______________________ BY: _________________________.
TITLE: _______ _______ ______
TOWN OF TROPHY CLUB, TEXAS
DATE: BY: _________________________
BRANDON EMMONS
TOWN MANAGER
Deleted:
Deleted: ¶
¶
¶
Page 7-6
APPROVED AS TO FORM:
Patricia A. Adams
TOWN ATTORNEY
ACKNOWLEDGMENTS
STATE OF TEXAS §
§
COUNTY OF _________ §
This instrument was acknowledged before me on the ______ day of
_____________, _____, by _______________________________________________
______________, on behalf of such entity.
_____________________________________
Notary Public, State of Texas
STATE OF TEXAS §
§
COUNTY OF _________ §
This instrument was acknowledged before me on the ________ day of
_________________, _____, by BRANDON EMMONS, TOWN MANAGER of the
TOWN OF TROPHY CLUB, TEXAS, a Home Rule Municipality, on behalf of such
municipal corporation.
_____________________________________
Notary Public, State of Texas
Deleted: General Law
Bond No
Page 10-0
SECTION 10.
MAINTENANCE BOND
Bond No
Page 10-1
MAINTENANCE BOND
STATE OF TEXAS §
§
COUNTY OF _________ §
KNOW ALL MEN BY THESE PRESENTS: That FOUR D CONSTRUCTION,
INC. whose address is 11200 Seagoville Road, Balch Springs, Texas 75180
hereinafter called "Principal", and Travelers Casualty and Surety Company of America,
a corporation organized under the laws of the State of ___Texas____ and authorized to
do business in the State of Texas, hereinafter called "Surety", are jointly and severally
held and firmly bound unto the TOWN OF TROPHY CLUB, TEXAS, a home rule
municipal corporation located in Denton and Tarrant Counties, Texas, hereinafter called
"Beneficiary", in the amount of 5,398,082.19 Dollars in lawful money of the United
States, to be paid in Trophy Club, Denton County, Texas, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, administrators and
successors and assigns, jointly and severally; and firmly by these presents. This bond
shall automatically be increased by the amount of any change order or supplemental
agreement which increases the Contract price, but in no event shall a change order or
supplemental agreement which reduces the Contract price decrease the penal sum of
this Bond.
WHEREAS, Principal entered into a certain written Contract with the Town of Trophy
Club, dated __ __ which is made a part hereof by reference, to furnish all
materials, equipment, labor, supervision, and other accessories necessary for:
PAVING, GRADING AND UTILITY IMPROVEMENTS FOR
THE HIGHLANDS AT TROPHY CLUB MASTER IMPROVEMENTS PHASE 2
in the Town of Trophy Club, Texas, as more particularly described and designated in
the above-referenced contract such contract being incorporated herein and made a part
hereof as fully and to the same extent as if written herein word for word.
NOW, THEREFORE, if Principal shall maintain and keep in good repair the work
herein contracted to be done and performed for a period of two (2) years from the date
of final acceptance and do and perform all necessary work and repair any defective
condition, it being understood that the purpose of this section is to cover all defective
conditions arising by reason of defective materials, work or labor performed by
Principal; then this obligation shall be void, otherwise it shall remain in full force and
effect; and in case Principal shall fail to do so it is agreed that the Town may do such
work and supply such materials and charge the same against Principal and Surety on
this obligation.
Deleted: will
Bond No
Page 10-2
PROVIDED, FURTHER, that if any legal action be filed on this Bond, exclusive
venue shall lie in Denton County, Texas.
PROVIDED FURTHER, that Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of the
Contract or to the work performed thereunder, or the plans, specifications, drawings,
etc. accompanying same shall in any way affect its obligation on this Bond; and it does
hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the Contract or to the work to be performed thereunder.
The undersigned and designated agent is hereby designated by Surety as the
resident agent in either Denton or Tarrant Counties to whom all requisite notice may be
delivered and on whom service of process may be had in matters arising out of this
suretyship.
IN WITNESS WHEREOF, this instrument is executed on this the ______ day of
________________, ____.
PRINCIPAL: Four D Construction, Inc.
BY: __ __________________
ATTEST:
__________________________ TITLE: ______ _______________________
SURETY: Travelers Casualty & Surety
Company of America
BY: ________________________________
Name
ATTEST:
__________________________ TITLE:______________________________
The Resident Agent of the Surety in Denton County or Tarrant County, Texas, for delivery of
notice and service of the process is:
NAME:
STREET ADDRESS:
CITY, STATE, ZIP:
NOTE: Date on Page 1 of Maintenance Bond must be same date that Town Council
awarded Contract. Date on Page 2 of Maintenance Bond must be after date of
Contract. If Resident Agent is not a corporation, give a person's name.
75
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-3-2008
Subject: Agenda Item No.D.4
Discuss and take appropriate action regarding an Agreement for
Professional Services between Carter & Burgess, Inc. and the Town of
Trophy Club for Construction Phase Services related to the Highlands at
Trophy Club Master Improvements, Phase 2.
EXPLANATION:
This contract will cover all engineering responsibilities related to the construction phase
of the Trophy Club Master Improvements Phase II. Funding for this contract will be
provided for proportionately based on the assessed benefit to the residents of The
Public Improvement District. The Engineer’s Opinion of Cost in the Service and
Assessment Plan for the Highlands of Trophy Public Improvement District included the
engineering costs as part of the total project cost.
The contract included below may include some changes in its final form. It is included
for informational purposes. A final copy will be provided to Council once it is available.
RECOMMENDATION:
ACTION BY COUNCIL:
(bse)
Attachments: 1. Agreement
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-3-2008
Subject: Agenda Item No.D.5
Discuss and take appropriate action regarding an Ordinance amending
Chapter 1, entitled "Administration" of the Code of Ordinances, enacting
Section 8.16, entitled "Public Works for Public Improvement District No. 1."
EXPLANATION:
Staff proposes adding a new section to our Schedule of Fees, Section 8.16 "Public
Works for Public Improvement District No. 1" to cover all the fees associated with water
and wastewater, as well as the connection fee, impact fee, etc. to service the PID.
RECOMMENDATION:
Staff recommends approval.
ACTION BY COUNCIL:
(mm)
Attachments: 1. Ordinance
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2008-XX
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS AMENDING CHAPTER 1 OF THE CODE OF
ORDINANCES, ENTITLED “ADMINISTRATION”, ARTICLE
VIII, ENTITLED “SCHEDULE OF FEES”, BY ADDING
“SECTION 8.16” “PUBLIC WORKS FOR PUBLIC
IMPROVEMENT DISTRICT NO. 1;” PROVIDING FOR
INCORPORATION OF PREMISES; PROVIDING FOR
AMENDMENT; PROVIDING A SAVINGS AND REPEALER
CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF
FIVE HUNDRED DOLLARS ($500.00) FOR EACH
OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS OR CONTINUES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 2008-02 was adopted on January 21, 2008 and
provided for the adoption of a new schedule of fees for the Town of Trophy Club
(hereinafter referred to as “Town”); and
WHEREAS, on March 16, 2007, a petition was submitted and filed with the Town
Secretary of the Town of Trophy Club, Texas pursuant to the Public Improvement
District Assessment Act, Chapter 372, Texas Local Government Code (the “PID Act”),
requesting the creation of a Public Improvement District over a portion of the area of the
Town to be known as the Town of Trophy Club Public Improvement District No. 1 (the
“District”); and
WHEREAS, the Town of Trophy Club, Texas, pursuant to and in accordance with
the terms, provisions and requirements of the Public Improvement District Assessment
Act, Chapter 372, Texas Local Government Code (the “PID Act”), established the “Town
of Trophy Club Public Improvement District No. 1” (the “District”), pursuant to Resolution
No. 2007-08 adopted by the Town Council of the Town (the “Town Council”) on May 7,
2007; and
WHEREAS, the District shall be provided with water and wastewater and all its
related services; and
WHEREAS, all water and wastewater services are currently provided by either
Trophy Club MUD 1 or Trophy Club MUD 2 (MUDs) within their respective districts; and
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WHEREAS, on November 12, 2007, the Town Council agreed unanimously to an
Interlocal Agreement/Contract between the Town of Trophy Club and the Trophy Club
MUDs to have said MUDs provide water and wastewater services to the District; and
WHEREAS, the Town is authorized to require the payment of reasonable fees for
services provided; and
WHEREAS, the Town Council hereby finds that the addition of Section 8.16 of
Article VIII, Chapter 1, of the Code of Ordinances as further specified herein serves the
best interests of the Town and that the fees adopted hereunder are set at amounts
which reasonably compensate the Town for services provided.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01 Article VIII entitled “Schedule of Fees” of Chapter 1, entitled “Administration” of
the Code of Ordinances of the Town is hereby amended to add Section 8.16, entitled
“Public Works for Public Improvement District No. 1” so that Section 8.16 is hereby
added to be and read in its entirety as follows:
“Section 8.16 – Public Works for Public Improvement District No. 1
Connection Fee:
5/8” x ¾” $2,300.00
Impact Fee:
5/8” meter $ 616.00
1” meter $1,536.00
Meter Fee:
5/8” x ¾” $ 160.00
Domestic 1” meter $ 240.00
Monthly Residential & Commercial Water Fees:
Administration $ 11.50
0-6999 gallons per month $ 2.19/1,000 gallon
7,000 to 12,999 gallons per month $ 2.64/1,000 gallon
13,000 to 25,999 gallons per month $ 2.84/1,000 gal
26,000-plus gallons per month $ 2.94/1,000 gal
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Monthly Residential Wastewater Fees:
Administration $ 11.50
0-6999 gallons per month $ 2.19/1,000 gallon
7,000 to 12,999 gallons per month $ 2.64/1,000 gallon
13,000 gallons maximum per month
Monthly Commercial Wastewater Fees:
Administration $ 11.50
0-6999 gallons per month $ 2.19/1,000 gallon
7,000 to 12,999 gallons per month $ 2.64/1,000 gallon
13,000-plus gallons per month $ 2.64/1,000 gallon
Returned Checks: $ 25.00
Security Deposits:
Builders $ 75.00
Residential Owners $ 50.00
Residential Lessees $ 150.00
Service Line Inspection and Lead Test: $ 150.00
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting fees and shall not repeal any of the provisions of such Ordinances except in
those instances where provisions of those Ordinances are in direct conflict with the
provisions of this Ordinance; whether such Ordinances are codified or uncodified, and
all other provisions of the Ordinances of the Town of Trophy Club, codified or
uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force
and effect. Notwithstanding the foregoing, any complaint, action, cause of action or
claim which prior to the effective date of this Ordinance has been initiated or has arisen
under or pursuant to such repealed Ordinance(s) shall continue to be governed by the
provisions of that Ordinance and for that purpose the Ordinance shall be deemed to
remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of the Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
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SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in accordance with the Town Charter and by filing this
Ordinance in the Ordinance records of the Town.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred
Dollars ($500.00), and a separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 3rd day of March, 2008.
_______________________________
Mayor, Nick Sanders
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Town Secretary, Lisa Ramsey
Town of Trophy Club, Texas
[SEAL]
_______________________________
Town Attorney, Patricia Adams
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-3-2008
Subject: Agenda Item No.D.6
Discuss and take appropriate action regarding the submission of the Grant
application for the Criminal Investigator Program for the 2008-09 fiscal
year.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(sk)
Attachments: 1. Resolution
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TOWN OF TROPHY CLUB
RESOLUTION 2008-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, APPROVING THE SUBMISSION OF THE
GRANT APPLICATION FOR THE CRIMINAL INVESTIGATOR
PROGRAM FOR THE 2008-09 FISCAL YEAR AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town finds it in the best interest of its citizens that the Trophy
Club Police Department Criminal Investigator program be operated for the 2008-
2009 FISCAL YEAR; and
WHEREAS, the Town agrees to provide applicable matching funds for the said
project as required by the Trophy Club Police Department Criminal Investigator grant
application; and
WHEREAS, the Town agrees that in the event of loss or misuse of the Criminal
Justice Division funds, the Town assures that the funds will be returned to the
Criminal Justice Division in full.
WHEREAS, the Town designates Brandon Emmons, Town Manager, as the
grantee’s authorized official. The authorized official is given the power to apply for,
accept, reject, alter or terminate the grant on behalf of the applicant agency.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the foregoing findings are hereby adopted and the Town of
Trophy Club approves submission of the grant application for the Criminal Investigator
Program to the Office of the Governor, Criminal Justice Division;
Section 2. That, this Resolution shall become effective from and after its date
of passage in accordance with law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 3rd day of March 2008.
________________________________
Mayor Nick Sanders
Town of Trophy Club, Texas
ATTEST:
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_____________________________________
Town Secretary , Lisa Ramsey
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
______________________________________
Town Attorney, Patricia Adams
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-3-2008
Subject: Agenda Item No.D.7
Discuss and take appropriate regarding the consideration of proposed site
options to move the outdoor warning siren from the Harmony Park parking
areas owned by Beck Properties.
EXPLANATION:
Due to the recent events with the land at Harmony Park where the outdoor warning
siren is located, it is necessary to look at options to relocate.
RECOMMENDATION:
ACTION BY COUNCIL:
(dt)
Attachments: 1. Information Memorandum from Chief Thomas
2. Maps
3. Proposed Changes
4. American Communication
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105
106
107
108
109
110
111
112
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-3-2008
Subject: Agenda Item No.D.8
Discuss and take appropriate action directing staff to undertake a traffic
study in the area of Trophy Wood to 114 and Trophy Wood and Inverness
to address safety concerns, flow of traffic, number of lanes and potential
for a mandatory turn lane.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-3-2008
Subject: Agenda Item No.D.9
Discuss and take appropriate regarding the Employee Services Contract.
EXPLANATION:
The contract has been reviewed by the Town and MUD Attorneys. The only changes
are to Paragraph X and were approved by the Master District on February 13th, 2008.
RECOMMENDATION:
The following is the language that has been revised:
Discipline
The parties agree that the Town's standard personnel policies and disciplinary
procedures shall apply to all Town employees performing services in the operations of
the Master District.
Employees are divided by reason of their duties into two groups. The first group
consists of those employees whose services are shared by the Town and the Master
District (hereinafter “Shared Service Providers”), and the second group consists of
those whose services are provided exclusively to the Master District (hereinafter
“Master District Service Providers”).
The following provision(s) shall apply to Master District Service Providers:
1. In all cases in which the established facts show a clear violation of the Personnel
Manual, its provisions shall apply and shall be administered by the Town Manager alone
in accordance with the Personnel Manual. In addition to the Town’s Personnel Manual,
the Master District has established certain Standard Operating Procedures (SOP) to be
followed by Master District Service Providers.
In cases where an alleged violation of the Personnel Manual is not clearly
defined by the facts but where an alleged violation of one or more of the SOPs of the
Master District exists, the input of the District Manager shall be a prerequisite to any
disciplinary measure taken for such violation. Should the input of the District Manager
result in a conflict with the disciplinary measure proposed by the Town Manager, then
the conflict shall be resolved by referral of the matter to the Master District Chairman for
final disposition.
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ACTION BY COUNCIL:
(bse)
Attachments: 1. Contract
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NEW INTERGOVERNMENTAL CONTRACT FOR EMPLOYEE SERVICES
This New Intergovernmental Contract for Employee Services (the "Contract") is
between the following parties:
Trophy Club Master District (the "Master District")
100 Municipal Drive
Trophy Club, Texas 76262
and
The Town of Trophy Club, Texas (the "Town")
100 Municipal Drive
Trophy Club, Texas 76262
WHEREAS, the Master District is an administrative agency and joint operating
Board established by Trophy Club Municipal Utility District No. 1 ("MUD1") and Trophy
Club Municipal Utility District No. 2 ("MUD 2") under a written agreement entitled NEW
MASTER DISTRICT CONTRACT dated and effective as of October 4, 2000, as
amended. Each of MUD l and MUD 2 is a Municipal Utility District created and operating
under the provisions of Article XVI, Section 59, of the Texas Constitution, and the
general laws of the State of Texas including, particularly, Chapter 54 and 49 of the
Texas Water Code, as amended. The Master District is structured and operates as a
separate entity joint venture, with MUD l and MUD 2 being the equal controlling owners
of the joint venture. This Contract is signed by the Master District in its capacity as the
operator of common water and wastewater facilities in the Trophy Club and Solana-
Westlake projects.
WHEREAS, the Town is a home-rule municipal corporation duly organized and
operating pursuant to the Constitution and laws of the State of Texas and its home rule
charter.
WHEREAS, the Master District and the Town each perform certain governmental
services or functions within their respective jurisdiction. Prior to October 1, 1998, the
MUD 1 (in its capacity as the "Master District" at that time for itself and MUD 2) and the
Town each had their own employees to perform various services and functions. By a
written agreement dated and effective as of October 1, 1998, entitled
INTERGOVERNMENTAL CONTRACT FOR EMPLOYEE SERVICES (the "1998
CONTRACT FOR EMPLOYEE SERVICES"), MUD l (in its capacity as the "Master
District" at that time for itself and MUD 2) and the Town agreed that all employees of
MUD l became employees of the Town subject to the personnel policies of the Town
and included on the payroll of the Town so that employment salaries, benefits, and
personnel policies of both MUD l and the Town could be administered more efficiently,
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effectively, and economically. With the execution of the 1998 CONTRACT FOR
EMPLOYEE SERVICES, the Town (through its employees including those personnel
who formerly were employees of MUD 1) began performing services that previously had
been part of MUD l's operations for the benefit of itself and MUD 2. This Contract is to
update, modify, and supersedes the 1998 CONTRACT FOR EMPLOYEE SERVICES.
WHEREAS, this Contract is executed by the Master District and the Town as an
Intergovernmental or Interlocal contract under Chapter 791 (the Interlocal Cooperation
Act) of the Texas Government Code and is an amendment and renewal of the 1998
CONTRACT FOR EMPLOYEE SERVICES.
WHEREAS, this Contract has been authorized by the governing body of each
party to this Contract. The governing body of each party to this Contract has determined
that the terms and provisions of this Contract are desirable, fair, and advantageous for
that party and therefore the Contract serves a valid public purpose.
WHEREAS, the parties to this Contract believe that their longstanding
contractual and cooperative relationship has benefited both the Town and the Master
District, and their respective taxpayers and customers, because the administration of
employment issues is handled in a more efficient, effective and economical manner,
and governmental services which are the responsibility of each of the respective entities
are performed by a single workforce consisting of Town employees. Moreover, while the
Master District and the Town each performs distinct governmental services or functions
within their respective jurisdictions, they also have a community of interest in performing
these services and functions. The Master District and the Town have determined that
this community of interest is best served by continuing their cooperative and
intergovernmental contractual relationship with respect to employment services.
WHEREAS, the parties hereby confirm their understanding and intent that all
persons who were employed by MUD 1 (in its capacity as the "Master District" at that
time for itself and MUD 2) performing work in the operations of the Master District
immediately prior to October 1, 1998, became employees of the Town as of October 1,
1998, for all purposes, with the Town responsible on and after October 1, 1998, for all
salary, benefits, and other compensation of such employees and with such employees
subject to the personnel policies of the Town.
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 and the Trophy Club Master
District do hereby contract and agree as follows:
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I.
Term
This Contract shall become effective upon approval by both of the respective governing
bodies of Town and Master District and upon execution by their respective authorized
representatives. The Contract shall continue in effect until terminated by either party
as provided herein. Either party may terminate this Contract as provided herein.
II.
Scope of Employment Services
Town shall provide employees to perform services for Master District in accordance with
the terms of this Agreement. The parties understand and agree that on and after the
effective date of this Agreement, all such employees are employees of the Town subject
to the personnel policies of the Town in accordance with the terms of this Agreement.
The parties hereto agree that the attached organizational chart identifies the structure of
the respective operations of the parties and their relationship under this Contract. The
Organizational Chart is attached hereto and incorporated herein as Exhibit A.
III.
Master District Management
Master District retains a Master District Manager to oversee the operations of the
Master District (hereinafter "District Manager"). The District Manager may be an
independent contractor or an employee of the Master District but in neither case is the
District Manager an employee of the Town. This Contract is not intended to make any
change in any separate contract between the Master District and the District Manager
("District Manager Contract"). Whether the District Manager is an independent
contractor or an employee of the Master District, the District Manager shall he
compensated by the Master District and report directly to the Board of Directors of the
Master District. The person designated as the District Manager for the Master District
shall be supervised and directed by the Board of Directors of the Master District.
IV.
Compliance with Town Personnel Policies
Under the terms of the District Manager Contract, where applicable, or under the terms
of the employment of the District Manager, where applicable, the District Manager shall
be either contractually or as a term of employment, whichever applies, required to
comply with the personnel policies and procedures of the Town in fulfilling his
obligations for the management and oversight of Master District operations. The parties
hereto understand and agree that the Town employees shall be subject to the personnel
policies and procedures adopted by the Town.
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V.
Master District Standard Operating Procedures
The Master District retains the authority to adopt standard operating procedures
("SOPs") regulating and governing the operational control of Master District assets and
facilities; however, the scope of such standard operating procedures shall relate only to
technical matters governing Master District operations and shall not conflict with the
Town personnel policies and procedures. Prior to the issuance of any standard
operating procedures, such SOPs shall be submitted to the Human Resources Manager
or equivalent position for review and to allow such person to identify any inconsistencies
or conflict between the proposed SOPs and the Town personnel policies. The Town
shall provide written notice to the District Manager of any such conflict between the
SOPs and the Town policies and of any matters that the Town determines to regulate
matters other than those operational matters for which SOPs are allowed under this
Contract. In the event of a conflict, the parties agree to meet and discuss the identified
conflict and to use reasonable efforts to resolve the conflict in order to meet the needs
of both the Master District and the Town.
As used in this Contract the terms "operation(s)," "operational," "operational functions,"
or "operational standards" shall mean those technical functions performed by Town
employees for the Master District which are governed or regulated by a state or federal
regulatory agency, regulatory standards or permit standards, or other applicable local,
state, or federal law or which are regulated by an SOP of the Master District pursuant to
this Contract.
VI.
Compliance with Standard Operating Procedures of the Master District
Subject to the requirements set forth in Paragraph V above, while this Contract is in
effect, the Town agrees that all employees providing services to the Master District shall
follow the Master District's SOPs governing the operational aspects of Master District
assets and facilities.
VII.
Approved Positions and Funding
Each year, as part of the approval of the respective budgets of tile parties, the governing
body for each of the parties approves a listing of funded positions or an organizational
chart showing all funded employee positions. The approved budgets contain detailed
information regarding the amount of money that each of the parties hereto contributes
toward the expenses of funding employee positions. The Town and the Master District
agree hereunder that the positions and payment approved in their respective budgetary
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processes shall comply with the terms of this Contract and shall serve as partial
consideration for the services provided under this Contract.
VIII.
Compensation
As compensation for the services provided or to be provided to the Master District by
the Town under this Contract, upon the Town presenting a detailed listing of all incurred
expenses the Master District agrees to pay to the Town at least monthly an amount
equal to the actual costs incurred by the Town for salary, benefits, and other
compensation of the Town employees providing services to the Master District, subject
to Paragraph VII of this Contract. The term "actual costs" as used in this Contract
means those costs that the Town incurs over and above the cost that the Town would
incur if it were not providing personnel to perform services for the Master District
operations. Whenever practical to do so, the Town shall have costs (other than
employee costs) associated with Master District functions charged directly to the Master
District, including but not limited to training expenses, travel, supplies, administrative
and other miscellaneous costs not directly attributable to salary benefits and other
compensation. As further consideration for the services of Town employees, Master
District agrees that the use of all equipment owned by or leased to Master District may
be used by licensed and/or qualified Town employees in the performance of services for
Master District pursuant to this Agreement.
IX.
Policies and Decisions
This Contract is intended to provide for the furnishing of employment services by the
Town to the Master District in the Town's capacity as an independent contractor. The
Master District retains all right, power, and control that it has by law and by the New
Master District Contract to set policies and to make decisions regarding the services
provided by Town employees in the performance of operational functions for the Master
District and the operation of Master District assets and facilities.
Master District shall have the right, for good cause upon the violation of operational
standards, or for violations of SOPS, as allowed by the Town's personnel policies, to
require that a particular Town employee be removed from performing services in the
operations of the Master District, provided however, that the removal of an employee
shall not be required until such employee has been disciplined in accordance with Town
policies and had an opportunity to avail himself of any and all appeals allowed under the
Town's personnel policies and procedures.
As new or additional employees are needed to perform services for the Master District,
the Town shall follow Town personnel policies and procedures in the selection of those
employees. Prior to the hiring of any employee to perform services for the Master
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District, the Town shall request from the Master District, or its designee, the approval of
the selection, compensation, benefits, and job description of each such employee. The
Town agrees to follow the Master District's recommendations for selection,
compensation, benefits, and job description of each employee performing services for
the Master District. In the event of a conflict under this paragraph, the parties agree to
meet and discuss the identified conflict and to use reasonable efforts to resolve the
conflict in order to meet the needs of both the Master District and the Town. The Master
District shall not be required to fund any decision that it has not approved regarding an
employee performing services for the Master District. Decisions by the Master District
under this Contract shall be made by the Board of Directors of the Master District or by
its designated officer(s) or agents. All Town employees performing services in the
operations of the Master District shall be supervised and directed by persons approved
by the District Manager.
Nothing in this Contract shall be interpreted as an abdication by the Master District or
MUD1 and MUD2 as the joint venture partners in the Master District of their
governmental rights, powers, and duties with regard to services provided by the Master
District.
X.
Discipline
The parties agree that the Town's standard personnel policies and disciplinary
procedures shall apply to all Town employees performing services in the operations of
the Master District.
Employees are divided by reason of their duties into two groups. The first group
consists of those employees whose services are shared by the Town and the Master
District (hereinafter “Shared Service Providers”), and the second group consists of
those whose services are provided exclusively to the Master District (hereinafter
“Master District Service Providers”).
The following provision(s) shall apply to Master District Service Providers:
1. In all cases in which the established facts show a clear violation of the
Personnel Manual, its provisions shall apply and shall be administered by the
Town Manager alone in accordance with the Personnel Manual. In addition
to the Town’s Personnel Manual, the Master District has established certain
Standard Operating Procedures (SOPs) to be followed by Master District
Service Providers.
2. In cases where an alleged violation of the Personnel Manual is not clearly
defined by the facts but where an alleged violation of one or more of the
SOPs of the Master District exists, the input of the District Manager shall be a
prerequisite to any disciplinary measure taken for such violation. Should the
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input of the District Manager result in a conflict with the disciplinary measure
proposed by the Town Manager, then the conflict shall be resolved by referral
of the matter to the Master District Chairman for final disposition.
XI.
Liability; Insurance: Indemnification
The Town shall be responsible for the acts, negligence, and omissions of its employees
performing services in the operations of the Master District, unless the acts or omissions
were pursuant to operational standards or SOPs of the Master District or District
Manager or actions or omissions performed pursuant to or under the direction,
supervision, or instruction of the Master District or the District Manager. If the acts or
omissions were pursuant to operational standards or SOPs of the Master District or
District Manager, or the acts or omissions were performed pursuant to or under the
direction, supervision, or instruction of the Master District or the District Manager, the
Master District shall assume liability for the acts, negligence or omissions of Town
employees.
The parties to this Contract shall each individually obtain insurance, with coverages as
mutually agreed upon, that the parties determine will insure themselves individually and
collectively from liabilities related to and arising out or this Contract and fulfill the
indemnity obligations of each party, to the extent allowed by law, under this Contract.
Such insurance shall insure against liability arising out of or related to the work
performed by Town employees under this Contract, with both parties named as
additional insured under such insurance policies.
To the extent allowed by law, both Town and Master District agree to defend, indemnify
and hold each other harmless from their respective negligence or intentional conduct
arising out of or related to this Contract and resulting in harm to them individually or to a
third party, including without limitation property damage to the parties hereto or to a third
party. The indemnity extends to all costs and expenses incurred, including reasonable
attorney's fees, to defend against, settle or pay the claim asserted by another. In the
event a claim is made by another against either the Town or the Master District, written
notice of the claim shall immediately be given to the other party, in order that the other
party may determine whether its indemnity duty must be performed and in order to allow
the indemnitor to perform indemnity. If any part of the foregoing indemnity shall be
deemed or determined unenforceable or contrary to public policy by a court of
competent jurisdiction, then each party shall contribute to any judgment according to its
percentage of fault.
Neither Town nor Master District waive any immunity or defense that would otherwise
be available to it against claims arising from the exercise of governmental powers and
functions and nothing in this Agreement shall be deemed a waiver of the governmental,
sovereign, or official immunity afforded by law to either Town or Master District.
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XII.
Further Cooperation
The parties to this Contract agree to cooperate to sign and deliver any other documents
that may be necessary or appropriate to implement the provisions of this Contract. In
the event of a conflict under this Contract, the parties agree to meet and discuss the
identified conflict and to use reasonable efforts to resolve the conflict in order to meet
the needs of both the Master District and the Town.
XIII.
Termination
This Contract may be terminated by either party at any time upon thirty (30) days written
notice to the other party.
XIV.
Execution and Date
This Contract is signed by the parties in multiple counterparts. This Contract is dated
and shall be effective for all purposes as of March 3, 2008.
TROPHY CLUB MASTER DISTRICT TOWN OF TROPHY CLUB, TEXAS
By: ___________________ By:___________________________
Kevin Carr, Chair C. Nick Sanders, Mayor
Attest: Attest:
By: _______________________ By: ___________________________
Secretary, Board of Directors Town Secretary
Approved as to form: Approved as to form:
______________________________ _______________________________
Robert G. West, Attorney Patricia A. Adams, Town Attorney
Trophy Club Master District Town of Trophy Club, Texas
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______________________________
Pamela Liston, Attorney
Trophy Club Master District
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-3-2008
Subject: Agenda Item No.D.10
Discuss and take appropriate action 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.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(Initials)
Attachments: 1. Excert from 2007 Minutes discussing signs
2. Ordinance
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January 8, 2007
D.5 Items for Future Agenda.
Council member Cates, requested item 14, regarding the amendment to Sign Regulations relative to
political signs and quantity per commercial lot, be added to the February 5th Agenda and will provide
Town Manager Emmons the specifics she would like addressed.
January 22, 2007
D.5 Items for Future Agenda.
1. Discuss and receive input relative to an Ordinance amending Article IV, "Sign Regulations", Chapter
5 of the Code of Ordinances, entitled "General Land Use", by amending Sections 4.05. (relative to
political signs and quantity per commercial lot.) (2/5)
February 5, 2007
C.7 Discuss and receive input relative to potential amendments to Section 4.05(B)(2) of Article IV,
Chapter 5 of the Code of Ordinances relating to number, size and placement of political signs.
Mayor Pro Tem Williams commented the current Ordinance allows one sign for each candidate in each
unplatted lot. There is always more than one sign per candidate in the unplatted lots coming in
on Trophy Club Drive.
Council member Lamont suggested an increase of more than twenty-five feet as the minimum distance
between signs located on non-residential or unplatted property.
Mayor Sanders would like to see commercial and residential clearly defined in the third sentence rather
than any zoning lot or other parcel of land.
Council member Sterling suggested increasing the space between the signs to 100 feet with one sign per
candidate on any contiguous land or street.
Council member Cates responded Trophy Club Drive is not contiguous and therefore would not eliminate
the number of signs. Sterling recommended uninterrupted land.
Mayor Pro Tem Williams agreed with Sterling and Lamont and believes increasing the distance between
the signs from 100 to 125 feet will eliminate the overkill of signs.
Town Attorney, Patricia Adams cautioned the Council concerning the restrictions for signs in commercial
areas. Adams understands Council’s intent to limit the number of signs at the Town’s entrance and will
provide suggested language at the February 19th meeting.
February 19, 2007
D.11 Discuss and receive input relative to potential amendments to Section 4.05(B)(2) of Article IV,
Chapter 5 of the Code of Ordinances relating to number, size and placement of political signs.
Mayor Sanders said this Ordinance has been requested due to the consolidation of a large number of
signs on a small area of commercial lots during the last election.
Council member Sterling requested the 100’ be spell out. Mayor Pro Tem Williams requested other
platted parcel be removed.
Mayor Sanders read the changes as, A political sign shall not exceed thirty-six (36) square feet in area
nor exceed eight feet (8’) in height, as measured from the ground. A political sign may not be illuminated
or have any moving elements. No more than one (1) of such signs for each political candidate or issue
on the election ballot shall be erected on any residential zoned parcel of land. The front and back surface
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of a political sign shall constitute one sign. For signs with three or more surfaces, each surface shall
constitute a separate sign. For signs located on non-residential or unplatted property, the minimum
distance between signs for each political candidate shall be one hundred feet (100’) and asked that it
come back on the Consent Agenda.
No action taken.
March 5, 2007
B.3 Consent Agenda: Discuss and take appropriate action relative to 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.
Mayor Sanders indicated the words on the election ballot should have been included to the last sentence
of the Ordinance amendment, and read the following as the amendment the Council would approve; “For
signs located on non-residential or unplatted property, the minimum distance between single or multisided
signs for each political candidate or issue on the election ballot shall be one hundred feet (100’).”
Motion made by Cates, seconded by Edstrom to approve with the Mayor’s correction.
Motion passed unanimously without any discussion.
May 21, 2007
D.18 Discuss and provide input regarding amendments to Section 4.05(B)(2) of Article IV, Chapter 5 of
the Code of Ordinances relating to number, size and placement of political signs.
Mayor Sanders would like to see the Ordinance language regarding the distance from the curb, right of
way and easement clarified.
Council member Edstrom’s understanding of Ordinance 2007-10 approved on March 5th, 2007 was for
allowance of only one sign per candidate, per seat on the ballot; if there are only two seats open a
resident may only have two signs in their yard. Mayor Sanders and Council member Lamont disagreed
with Edstrom’s understanding. Council member Lamont asked what a resident would do if their family
was divided on the candidates or if they live on a corner lot and did not want to offend anyone and asked
that the designated official be clarified.
Mayor Pro Tem Williams suggested that a definition of a multi-faceted sign be included.
No action was taken.
June 4, 2007
C.11 Items for Future Agenda.
Mayor Sanders said this list is to keep the citizens informed of items coming on future meeting agendas.
Council member Cates would like to discuss authorization and spending levels.
Council member Moss would like to discuss political signs. Mayor Sanders said two items came up in the
May Election; there was some confusion on how far a sign could be from the curb, and what constituted a
multi facet sign.
August 20, 2007
D.8 Discuss and receive input relative to potential amendments to Section 4.05(B)(2) of Article IV,
Chapter 5 of the Code of Ordinances relating to number, size and placement of political signs.
Town Manager Emmons introduced the item requesting Council’s input and direction in order to formulate
the changes.
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Mayor Pro Tem Edstrom would like to limit the number of signs in any given yard to the number of open
seats or candidate positions. Council discussed the right of way and Town Manager Emmons explained
section 5 has an exemption for temporary signs.
No action taken only input.
December 17, 2007
B.4 Discuss and take appropriate action regarding Amending to Section 4.05(B)(2) of Article IV,
Chapter 5 of the Code of Ordinances relating to number, size and placement of political signs.
Revision provided in packet:
2. Number, Size and Placement:
A political sign shall not exceed thirty-six (36) square feet in area nor exceed eight feet (8’)
in height, as measured from the ground. A political sign may not be illuminated or have
any moving elements. No more than one (1) of such signs for each political candidate or
issue on the election ballot shall be erected on any residentially zoned parcel of land. The
front and back surface of a political sign shall constitute one sign. For signs with three or
more surfaces, each surface shall constitute a separate sign for purposes of size
requirements. Signs with three or more surfaces are prohibited on residentially zoned
parcels of land. Only one sign is allowed For signs located on non-residential or unplatted
property, the minimum distance between single or multisided signs for each political
candidate or issue on the election ballot. shall be one hundred feet (100’).
Mayor Sanders summarized Council’s discussion and direction from their August 20, 2007 meeting.
Motion made by Edstrom, seconded by Cates to approve.
Council member Sterling asked if this is similar to other municipalities. Town Manager Emmons said
each city has their own restrictions; however, he is not aware of a city that limits one sign for each
candidate. Town Attorney Adams explained the Town can regulate, as long as the Council believes they
are acting in a reasonable and good faith effort.
Mayor Pro Tem Edstrom spoke to the time constraints of Code Enforcement dealing with sign
enforcement and questioned if the Council is being reasonable and allowing the residents to support the
candidate of their choosing.
Greg Lamont, 15 Avalon – Provided the United States Supreme Court ruled limiting the number of signs
per candidate on the election ballet illegal.
Dennis Sheridan, 1 Hillcrest Ct. – Requests that the Ordinance is one sign per candidate.
Mayor Sanders does not feel this Ordinance meets Edstrom’s objectives as the language is still vague.
Council member Cates asked if the Council can change based on Mr. Lamont’s presentation. Mayor
Sanders and Edstrom feel as long as it is reasonable in time, place and manner, and asked the Council to
look at this from a local, regional and national perspective..
Edstrom withdrew her motion, the second agreed.
Motion made by Sterling, seconded by Edstrom revise ‘No more than one (1) of such signs for each
political candidate and two signs per issue on the election ballot shall be erected on any parcel of land,”
Council member Sterling also added to strike the last sentence of the paragraph in order to be consistent.
Town Attorney Adams suggested that the language be revised and brought back at a later date rather
than amending during the meeting.
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Motion to refer made by Edstrom, seconded by Cates.
Motion passed unanimously.
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TOWN OF TROPHY CLUB, TEXAS
TOWN ORDINANCE NO. 2008-
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS AMENDING CHAPTER 5 OF THE CODE OF
ORDINANCES, ENTITLED “GENERAL LAND USE”,
ARTICLE IV, ENTITLED “SIGN REGULATIONS”, BY
AMENDING SECTION “SECTION 4.05(B)(2)”
“TEMPORARY SIGNS;” PROVIDING FOR
INCORPORATION OF PREMISES; PROVIDING FOR
AMENDMENT; PROVIDING A SAVINGS AND REPEALER
CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS OR CONTINUES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 2007-10 was adopted on March 5, 2007 revising the
Number, Size and Placement for political signs located on non-residential or unplatted
property as a benefit to the Town by promoting an aesthetically refined community for
the citizens of Trophy Club and by protecting the integrity and character of
neighborhoods; and
WHEREAS, the Town Council hereby finds that the amendment of Section
4.05(B)(2) of Article IV, Chapter 5, of the Code of Ordinances as further specified herein
serves the best interests of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01 Article IV entitled “Sign Regulations” of Chapter 5, entitled “General Land Use”
of the Code of Ordinances of the Town is hereby amended to revise Section 4.05(B)(2),
entitled “Temporary Signs ” so that 4.05(B)(2) is hereby revised as follows:
2. Number, Size and Placement:
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A political sign shall not exceed thirty-six (36) square feet in area
nor exceed eight feet (8’) in height, as measured from the ground.
A political sign may not be illuminated or have any moving
elements. No more than one (1) of such signs for each political
candidate and two signs per issue on the election ballot shall be
erected on any parcel of land. As used in this section “parcel” shall
mean a piece of land having fixed boundaries, whether those
boundaries are fixed by plat or by metes and bounds.
The front and back surface of a political sign shall constitute one
sign. For signs with three or more surfaces, each surface shall
constitute a separate sign for purposes of size requirements. Signs
with three or more surfaces are prohibited on residentially zoned
parcels of land.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting the Sign Regulations and shall not repeal any of the provisions of such
Ordinances except in those instances where provisions of those Ordinances are in
direct conflict with the provisions of this Ordinance; whether such Ordinances are
codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy
Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall
remain in full force and effect. Notwithstanding the foregoing, any complaint, action,
cause of action or claim which prior to the effective date of this Ordinance has been
initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to
be governed by the provisions of that Ordinance and for that purpose the Ordinance
shall be deemed to remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of the Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance by copying the exact Caption and Effective Date clause in the
minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in
the Ordinance records of the Town.
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SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand
Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 3rd day of March 2008.
_______________________________
Mayor, Nick Sanders
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
_______________________________
Town Attorney
Town of Trophy Club, Texas
133
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-3-2008
Subject: Agenda Item No.D.11
Discuss and take appropriate action to approve Minutes dated, February
11, 2008.
EXPLANATION:
Council member Sterling was absent.
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Minutes dated, February 11, 2008
134
MINUTES OF A SPECIAL SESSION FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, February 11, 2008
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Special Session on Monday, February 11,
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
Pam Cates Council Member
Jim Moss Council Member
Kathleen Wilson Council Member
TOWN COUNCIL MEMBERS ABSENT:
Philip Sterling Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Adam Adams Parks and Recreation Director
A.1 Mayor Sanders called the Regular Session to order at 7:02 p.m. noting a
quorum was present.
Mayor Sanders noted Council Member Sterling’s absence.
A.2 Parks and Recreation Director Adam Adams gave the Invocation.
A.3 Town Manager Emmons led the Pledges.
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.
No presentations were made.
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A.5 Workshop to discuss Parks issues.
Town Manager Emmons stated the concern is from the loss of the practice and playing
fields at Beck Park. The purpose tonight is to further discuss and identify options with
the Parks and Recreation Director, Adam Adams, the Parks and Recreation Board and,
the sports associations.
Representatives from the Trophy Club/Roanoke Sports Association, Joey Breton and
Terry Flickenger attended the meeting. Terry Flickinger said football will be practicing at
the NISD Texan Stadium for approximately four weeks.
Parks and Recreation Director, Adam Adams, explained the status of soccer, football
and baseball and advised Council of the needs of all associations. Adams said NISD
will be providing for football and said soccer had no intentions of receiving additional
playing fields. Soccer will need at least ten to twelve full size game fields in the next
three to four years.
Mayor Pro Tem Edstrom confirmed the Parks and Recreation Board was not notified
this past fall that the parking lot and bathroom updates were not going to be complete.
Town Manager Emmons said in order to have the fields at the new Northwest Park
ready this fall the drainage ditch would have to be filled..
Park and Recreation Board Member, J.D. Stotts said the Northeast Park is workable for
football and soccer.
Town Manager Emmons explained the equipment and materials to begin the parking lot
on Centurion American’s property have been reserved pending Council’s action tonight.
Construction for the temporary parking lot could begin as early as Thursday and would
be a two to three day project.
Mayor Pro Tem Edstrom requested Parks and Recreation Director, Adam Adams get
back on track with the Master Park Plan and requested monthly progress updates.
Council members Moss and Cates agreed, and asked that Adams better inform the
Parks and Recreation Board of issues.
Council member Wilson requested Town Manager Emmons provide Council updates
when any agreements are made as they eventually come before Council.
Council requested staff contact the Corps of Engineers regarding options for usage at
Trophy Club Park at Lake Grapevine, the Public Safety Advisory Group to examine
speeding issues at Independence Park, and for Town Manager Emmons to work closely
with Adams and the Parks and Recreation Board so that the Town does not fall behind
schedule with football.
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Park and Recreation Board, Vice Chair, Steve Gregory - Does not expect the new
facilities to be complete by the time they are needed and requested staff and Council
work urgently to resolve current issues while keeping long-term needs in mind. Gregory
stated we should not rely on our neighbors to assist us considering 50 – 60 % of the
youth reside in Trophy Club.
Park and Recreation Board Chair, Pauline Twomey called the Park and Recreation
Board to order at 7:58 p.m. noting a quorum was present.
The Park and Recreation Board has discussed the cost of water with the addition of all
of the fields, questioning options that would require less water. Town Manager
Emmons stated that as part of the PID the Town has the right to the effluent water, if
needed, in addition to the 45,000 gallons per day estimated usage for Harmony Park
Representatives from the sports associations hate to spend the $9,000. for a parking
lot, but are desperate for the parking spaces.
The workshop ended at 8:12 p.m.
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 to approve Minutes
dated, November 5, 2007.
Motion made by Edstrom, seconded by Cates to approve.
Motion passed unanimously without any discussion.
Council member Wilson requested the minutes come back to Council sooner than they
are.
End of Consent
TOWN COUNCIL TO CONVENE INTO REGULAR SESSION
*REGULAR SESSION
C.1 Discuss and take appropriate action regarding current issues surrounding
access to and use of Beck Park and the parking lot adjacent to Harmony
Park, including potential alternate sites and funding sources.
Motion made by Moss, seconded by Edstrom to approve special appropriation not to
exceed $10,000.00 to fund the temporary parking area at Harmony Park and requested
EDC 4A to help fund.
137
Motion passed unanimously without further discussion.
The Park and Recreation Board adjourned at 8:20 p.m.
C.2 Discuss and take appropriate action regarding the placement of street
lights on Trophy Club Drive.
Town Manager Emmons stated the Trophy Club Drive Reconstruction Project required
removal of 24 concrete street lights. The project contract had a line item in the amount
of $4,000.00 for removal and replacement of the street lights. If approved, this amount
will be deducted from the project and expensed on the new lights. Staff received a
quote from Oncor to replace the existing concrete lights with ornamental lights at a cost
of $72,000. The ornamental lights will match the existing lights in the 100-300 block of
Trophy Club Drive and will match the standards for street lights in the Master
Infrastructure Phase II plans. The lights are not expected to be delivered for
approximately two months.
Town Manager Emmons recommended postponing the ornamental lights and replace
with concrete lights.
No action taken, direction only to accept Manager Emmons’ recommendation.
C.3 Discuss and take Appropriate Action on Review of Value Place Hotel East
Elevation Signage.
Mayor Sanders said Value Place has exercised their right of appeal and is going back to
the Planning and Zoning Commission on February 21, 2008 and asked Council to
provide direction to Town Manager Emmons.
Council member Moss would like to see the flashing on both signs stop.
Council member Cates agrees and requested staff look into the flashing LED lights at
the school.
Council member Wilson feels the Planning & Zoning Commission needs to review what,
if any, permit was applied for and if the LED lights were issued.
Mayor Pro Tem Edstrom said based on resident feedback, she would like to see the
west side changed to match the east side. Edstrom is not anxious to try and negotiate
anything at this point.
Town Attorney Adams explained Planning & Zoning’s purview is to review for
consistency with the Ordinance. Mayor Sanders added that Value Place could request
an amendment to the PD.
No action taken.
138
D.1 Adjourn.
Motion made by Edstrom, seconded by Wilson to adjourn.
Meeting adjourned at 8:35 p.m.
_______________________________ _____________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
139
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-3-2008
Subject: Agenda Item No.D.12
Discuss and take appropriate action regarding the proposal and resulting
negotiations between the Town of Trophy Club and the Management
Connection, Joe Gonzales.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(bse)
Attachments: 1. Proposal
140
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143
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-3-2008
Subject: Agenda Item No.D.13
Assistant Town Manager to give a report regarding the items to be
discussed at the Regional Roundtable Meeting between the Town Council
of Trophy Club, the Board of Alderman for the Town of Westlake, City
Council for the City of Roanoke and the Board of Directors for the
Northwest Independent School District and discussion of the same.
EXPLANATION:
The Regional Roundtable meeting will occur on Wednesday, March 12 from 6:00 - 8:00
p.m. at the Svore Municipal Building Board Room. Currently, the proposed discussion
items include libraries, Trophy Club Park and other park facilities, the Highway 170 -
Highway 114 interchange, and inter-city communication regarding development along
Highways 170 and 114 that is of mutual interest to all communities. Additionally,
Northwest ISD will provide an overview related to the District's demographic growth.
RECOMMENDATION:
ACTION BY COUNCIL:
(shs)
Attachments: 1. Joint Regional Meeting Agenda
144
NOTICE OF JOINT REGIONAL MEETING BETWEEN THE
TOWN COUNCIL FOR THE
TOWN OF TROPHY CLUB, BOARD OF ALDERMAN FOR
THE TOWN OF WESTLAKE, CITY COUNCIL FOR THE
CITY OF ROANOKE AND BOARD OF DIRECTORS FOR
THE NORTHWEST INDEPENDENT SCHOOL DISTRICT
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB,
TEXAS
Wednesday, March 12, 2008
6:00 P.M. to 8:00 P.M.
A.1 Call to order and announce a quorum.
A.2 Discuss and receive input regarding Library.
A.3 Discuss and receive input regarding Trophy Club Park and other park facilities.
A.4 Discuss and receive input regarding Highway 170 - Highway 114 Interchange.
A.5 Discuss and receive input regarding Inter-community development communication and
development along Highways 114 and 170 of mutual interest to all communities.
A.6 NISD presentation on demographic growth.
A.7 Schedule future meetings.
A.8 Adjourn.
145
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-3-2008
Subject: Agenda Item No.D.14
Town Manager to give a report regarding the creation of a
Water/Wastewater study team and discussion of the same.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(bse)
Attachments: 1. Freese and Nichols, Inc
2. James Pruitte, PE, Halff Associates, Inc.
3. RFQ
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-3-2008
Subject: Agenda Item No.D.15
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 report on the sound barrier issues on the east side and TXDOT, and
discussion of same.
8. Establish and implement a process for Hotel inspections. (Mayor Pro Tem Edstrom added on
1/21/08)
9. Review the Citizen of the Year guidelines, criteria and voting process. (Mayor Pro Tem Edstrom –
1/21/08)
10. Annual update and presentation by the Park Board. (August 4, 2008)
233
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-3-2008
Subject: Agenda Item No.D.16
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.
Attachments: 1. None
234
From: The Office of the Town Manager Date: 3-3-2008
Subject: Agenda Item No.D.16
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.
Attachments: 1. None
235
From: The Office of the Town Manager Date: 3-3-2008
Subject: Agenda Item No.E.1
Council to convene into executive session pursuant to Texas Government Code,
Annotated, Subchapter 551, Section 551.071 (1) "Consultation With Attorney," in order to
seek the advice of its attorney about pending or contemplated litigation:
(1) Quanah Properties L.P. v. Town of Trophy Club, Cause No. 067 228781 08 1E3-3-2008
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: None
236
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-3-2008
Subject: Agenda Item No.E.2
Discuss and take appropriate action relative to Executive Session Item
Number E1.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: None
237
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-3-2008
Subject: Agenda Item No.F.1
Adjourn.