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Agenda Packet TC 08/17/2009Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, TX 76262 Svore Municipal Building Boardroom6:00 PMMonday, August 17, 2009 Call to order and announce a quorum. 1.09-309-T Budget Discussion (6:00 - 7:00 P.M.) Invocation Pledges: 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." Citizen Presentations: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. 2.09-286-T Consider and take appropriate action regarding a request from Municipal Utility District No. 1 to approve a Final Plat of Lots 1-3, Block 1, Muncipal Utility District No. 1 Complex (5.400 acres) located at 100 Municipal Drive (FP-09-030) (Presented by Fire Chief Danny Thomas) Staff Report - TC August 17, 2009.pdf Application.pdf 081709 Municipal Complex Final Plat for TC.pdf 080609 P&Z Minutes - Plat Consideration.pdf Attachments: CONSENT AGENDA 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. Town Council 1 of 208 Meeting Date: August 17, 2009 August 17, 2009Town Council Meeting Agenda 3.09-326-T Consent Agenda: Consider and take appropriate action regarding an expenditure of Court Technology funds not to exceed $1,500 for a replacement laptop for the Municipal Court. Court Laptop Quote from Dell.pdfAttachments: PUBLIC HEARING 4.09-287-T Public Hearing regarding changes to the Town of Trophy Club Code of Ordinances, Chapter 13-Zoning, Article V-Supplementary District Regulations, Section 5.03-Accessory Structures and Uses, including without limitation, amending and adopting new regulations affecting accessory structures (ADM-09-003) Staff Report.pdf Section 5.03-Accessory Structures and Uses.pdf Public Hearing Notice - Height of Accessory Structures.pdf 080609 P&Z Minutes - Text Change Consideration.pdf Ord. 2009-XX P&Z Chapter 13-Zoning, Article V, Section 5.03-Height.pdf Attachments: REGULAR SESSION 5.09-288-T Consider and take appropriate action regarding an Ordinance amending Chapter 13-Zoning, Article V-Supplementary District Regulations, Section 5.03-Accessory Structures and Uses of the Code of Ordinances, including without limitation, the adoption of new regulations affecting accessory structures (ADM-09-003) 6.09-320-T Consider and take appropriate action regarding an Ordinance of the Town Council of the Town of Trophy Club, calling a bond election for various park purposes, to be held within the Town in November, 2009, making provisions for the conduct of the election and other provisions relating thereto. Park Bond Backup.pdf November Election Calendar.pdf Denton County Important dates for November 2009.pdf Propostitions on the Constitutional Amendment Ord. 2009- Park Bond Elec.pdf Poling Sites.pdf Attachments: 7.09-315-T Consider and take appropriate action regarding the creation of a Ways and Means Committee. 8.09-317-T Consider and take appropriate action regarding the First Modification of Contract for Water and Wastewater Operational Services. First Modification of Contract for WWW Operational ServicesAttachments: 9.09-318-T Consider and take appropriate action regaring the Second Modification of Contract for Water Supply and Wastewater Treatment. Second Modification of Contract for Water Supply and Wastewater TreatmentAttachments: Town Council 2 of 208 Meeting Date: August 17, 2009 August 17, 2009Town Council Meeting Agenda 10.09-319-T Consider and take appropriate action regarding the First Amendment to 2008 Interlocal Cooperation Agreement for Fire Protection Services. First Amendment to 2008 ICA for Fire Protection ServicesAttachments: 11.09-321-T Consider and take appropriate action regarding a Resolution, accepting a Service and Assessment Plan for authorized services (Emergency Services) for the Town Of Trophy Club Public Improvement District No. (The Highlands At Trophy Club); setting a new date for a public hearing; authorizing the publication of notice; enacting other related provisions; and providing an effective date. Res. 2009- Accepting a SAP (Emer Serv)PID-SettingPH.pdfAttachments: 12.09-323-T Consider and receive input regarding an Ordinance of the Town Council of the Town Of Trophy Club accepting and approving an update of the Service and Assessment Plan and Updated Assessment Roll for Town of Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club); adopting findings and other related provisions; and providing an effective date. Ord. 2009- Service and Assessment Plan Assessment Roll-PID.pdfAttachments: 13.09-312-T Consider and receive input regarding an Ordinance establishing and implementing a process for Hotel inspections by adopting a new Article III "Hotel Inspections", of Chapter 6 "Health and Sanitation", of the Code of Ordinances of the Town. Ord 2009- Hotel Regulations for backup.pdfAttachments: 14.09-313-T Consider and recieve input regarding an Ordinance reordering numbers and letters in the Town Charter as a result of Charter amendments adopted at the May, 2009 election. Ord. 2009- Renumbering Charter Amendments Example 1.pdf Ord. 2009- Renumbering Charter Amendments Example 2.pdf Ord. 2009- Renumbering Charter Amendments Example 3.pdf Attachments: 15.09-310-T Consider and take appropriate action regarding the calling of a Special Council Session on Monday, August, 24, 2009 and subjects for consideration at the meeting. 16.09-324-T Receive a progress report on the Highlands of Trophy Club Public Improvement District #1, discussion and appropriate action regarding same. PID.pdfAttachments: 17.09-316-T Receive a progress report from Council Member Wilson regarding the August 5, 2009 TCMUD1 Meeting; discussion of same. EMS Budget Vehicle Replacement Schedule Debt Service.pdf MUD/Town Adminstrative Building Contract Attachments: 18.09-329-T Items for Future Agenda. ADJOURN Town Council 3 of 208 Meeting Date: August 17, 2009 August 17, 2009Town Council Meeting Agenda * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on Thursday, August 13, 2009 by 5:00 P.M. in accordance with Chapter 551, Texas Government Code. __________________________________ Lisa Hennek Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in advance and reasonable accommodations will be made to assist you. I certify that the attached notice and agenda of items to be considered by this Board was removed by me from the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on the __________ day of ______________________, 2009 ________________________________, Title: ___________________________ Town Council 4 of 208 Meeting Date: August 17, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-309-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/17/2009 Town Council On agenda:Final action:8/17/2009 Title:Budget Discussion (6:00 - 7:00 P.M.) Attachments: Action ByDate Action ResultVer. Town Council 5 of 208 Meeting Date: August 17, 2009 109-309-T Version:File #: Title Budget Discussion (6:00 - 7:00 P.M.) Town Council 6 of 208 Meeting Date: August 17, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-286-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/30/2009 Town Council On agenda:Final action:8/17/2009 Title:Consider and take appropriate action regarding a request from Municipal Utility District No. 1 to approve a Final Plat of Lots 1-3, Block 1, Muncipal Utility District No. 1 Complex (5.400 acres) located at 100 Municipal Drive (FP-09-030) (Presented by Fire Chief Danny Thomas) Attachments:Staff Report - TC August 17, 2009.pdf Application.pdf 081709 Municipal Complex Final Plat for TC.pdf 080609 P&Z Minutes - Plat Consideration.pdf Action ByDate Action ResultVer. Planning & Zoning Commission8/6/2009 1 Town Council 7 of 208 Meeting Date: August 17, 2009 109-286-T Version:File #: Title Consider and take appropriate action regarding a request from Municipal Utility District No. 1 to approve a Final Plat of Lots 1-3, Block 1, Muncipal Utility District No. 1 Complex (5.400 acres) located at 100 Municipal Drive (FP-09-030) (Presented by Fire Chief Danny Thomas) Town Council 8 of 208 Meeting Date: August 17, 2009 TOWN COUNCIL STAFF REPORT August 17, 2009 Case No. FP-09-030 Final Plat Lots 1-3, Block 1 Municipal Utility District No. 1 Complex 100 Municipal Dr. SUBJECT: Discussion and Recommendation regarding a request from Fire Chief Danny Thomas on behalf of Municipal Utility District No. 1 to Approve a Final Plat of Lots 1-3, Block 1, Municipal Utility District No. 1 Complex (5.400 acres) located at 100 Municipal Drive (FP-09-030) CASE SUMMARY: Municipal Utility District No. 1, represented by Fire Chief Danny Thomas, is proposing to plat a 5.400 acre tract of land which has been developed as government facilities. Lot 1, approximately 0.936 of an acre, consists of a fire station and wooded area. Lot 2, approximately 1.287 acres, consists of two buildings; one is an administration building housing Town and MUD offices, and the other building provides offices for the Police Department. Lot 3, approximately 3.044 acres, consists of water storage facilities and maintenance facilities. CURRENT ZONING: “GU” (Government Use). The GU Governmental Use District applies to those lands where national, state or local governmental activities are conducted and where governments hold title to such lands. Any lawful governmental activity is permitted in these districts. COMPREHENSIVE PLAN: The Comprehensive Plan depicts public/governmental/ church uses for this area. The lots proposed by this plat are consistent with the plan. THOROUGHFARE PLAN: Lot 1 has frontage on both Trophy Club Drive and Municipal Drive. Lots 2 and 3 have access to Municipal Drive through a 24-ft. ingress and egress easement. Town Council 9 of 208 Meeting Date: August 17, 2009 SHORT FORM PLAT: Approval of the final plat of Municipal Utility District No. 1 Complex is requested as a short form plat. The land is not vacant. It has had on- going development over the past 25 years with the construction of the Administration building in 1984, followed by construction of the existing fire station in 1985, which was built as a 60’x60’ volunteer station for equipment use only. This property has existing utilities and streets and will not require extensions of municipal facilities. A preliminary plat and detailed utility drawings are not required for a short form plat and a short form plat may be approved if the following conditions and requirements are met:  The resulting lots conform to all minimum size requirements. GU “Government Use” zoning does not require a minimum lot size.  The proposed subdivision shall not exceed a maximum of four (4) lots. Three lots are proposed.  Such lots abut an existing street and do not require the creation of any new street or the addition or extension of municipal facilities. All three lots abut Municipal Drive and Lot 1 abuts Trophy Club Drive, both are existing streets. The lots do not require the creation of any new street. Municipal facilities extend to each of the lots. Addition or extension of municipal facilities is not required.  The perimeter of the tract being subdivided has been surveyed and marked on the ground, a Plat thereof prepared and submitted to the Town Planning and Zoning Administrator, and the nearest corner of each lot or parcel of such proposed subdivision is within two hundred feet of a known corner which is adequately marked by a concrete monument or iron stake. Completed by Teague, Nall & Perkins, Town Engineers.  The topography of the tract and the surrounding lands is such that no regard need be given in such subdivision to drainage, and drainage facilities are not required. Grading and paving for drainage was completed at time of development of buildings. Drainage facilities are not required. However, if lots are further developed in the future, a drainage study will be requested to ensure that adequate drainage is provided.  The utilities, as required in these Regulations, are in place to serve each parcel or lot of such subdivision or re-subdivision, or the installation of utilities will be a minor job, the necessary easements exist already and arrangements to provide such utilities have been made. Utilities are in place to serve each lot.  The uses provided for the property will not require rezoning of any portion of the property, and the resulting lots conform to all area and setback requirements of these Regulations and the zoning ordinance of the Town of Trophy Club. The property is zoned for government uses and all uses conform to that zoning. All lots conform to all area and setback requirements. Town Council 10 of 208 Meeting Date: August 17, 2009 STAFF REVIEW AND RECOMMENDATION: Staff has reviewed the plat and finds that it meets the requirements of a short form plat. The plat complies with both the Zoning and Subdivision Ordinances. Staff recommends approval of this final plat request. PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning Commission considered this item in a regular meeting on August 6, 2009. By a unanimous vote the Commission recommended approval to the Town Council. Commissioner Ashby made a motion recommending approval of the final plat of Municipal Utility District No. 1 Complex. Commissioner Davidson seconded the motion. Ayes: Hill, Stephens, Reed, Sheridan, Forest, Ashby, Davidson Nays: None Action: 7-0, Approved Attachment: Application Plat Minutes from August 6, 2009, P&Z Commission Meeting Town Council 11 of 208 Meeting Date: August 17, 2009 To w n Co u n c i l 12 of 20 8 Me e t i n g Da t e : Au g u s t 17 , 20 0 9 Town Council 1 3 o f 2 0 8 M e e t i n g D a t e : A u g u s t 1 7 , 2 0 0 9 PLANNING AND ZONING COMMISSION MINUTES AUGUST 6, 2009 4 DISCUSSION AND RECOMMENDATION REGARDING A REQUEST FROM FIRE CHIEF DANNY THOMAS ON BEHALF OF MUNICIPAL UTILITY DISTRICT NO. 1 TO APPROVE A FINAL PLAT OF LOTS 1-3, BLOCK 1, MUNICIPAL UTILITY DISTRICT NO. 1 COMPLEX (5.400 ACRES) LOCATED AT 100 MUNICIPAL DRIVE (FP-09-030) Chairman Hill announced the item and asked for a staff report. Ms. Huggins stated that this is a request for a final plat for this property – the property located at 100 Municipal Dr. Construction of buildings on this property began before the Town was incorporated; therefore, the property was never platted. In anticipation of a new fire station being built on this property in the near future, the owners, Municipal Utility District No. 1, request plat approval. Staff is requesting a short form plat. A short form plat allows the preliminary plat and final plat to be combined together into one “final plat” document. A short form plat must adhere to specific guidelines and those items are listed on page 23 of the P&Z packet, along with an explanation of how this plat meets each of those requirements. This plat conforms to the Subdivision Rules and Regulations, Comprehensive Land Use Plan, and the Zoning Ordinance and, as previously stated, it meets the conditions and requirements to qualify as a short form plat. Staff requests a recommendation of approval to the Town Council. Ms. Huggins stated that Tom Rutledge, Town Engineer, created this plat for P&Z consideration and he is here this evening to provide additional information or answer questions. She stated that Fire Chief Thomas, representing the owner, Municipal Utility District No. 1, is also present and available to answer questions. Chairman Hill asked Mr. Rutledge for any comments. Mr. Rutledge had none but stated that he is available to answer any questions from the Commissioners. Chairman Hill, noting that there were two audience members present, asked if anyone had signed up to ask questions, although this item is not a public hearing. Ms. Huggins responded that she had no requests. Chairman Hill called for discussion or questions. Vice Chairman Stephens stated that he is not going to argue with Tom or Danny. Commissioner Sheridan had some questions regarding the verbiage of the Owner’s Certificate on the plat. He had provided those questions to Tom Rutledge prior to the meeting. Mr. Rutledge stated that all were good comments but none of the items in the Owners Certificate Town Council 14 of 208 Meeting Date: August 17, 2009 were critical things. He explained that Owners Certificates can be very broad to very specific, but the plat itself, showing the boundary information describes what is going on. Mr. Rutledge and Commissioner Sheridan discussed the wording in a little bit of detail with Mr. Rutledge agreeing to change some items and Commissioner Sheridan agreeing to leave some wording as is. Another question Commissioner Sheridan had raised was including utility easements on this plat. Mr. Rutledge explained that in creating this plat it is a unique situation in that all of the facilities currently exist. The MUD, a public entity, owns the property. To accurately identify every utility on this piece of property and place an easement on top of it would be extremely expensive and arduous. The question became what would be gained by going to that expense? Why survey and locate every utility line and try to put an easement on top of it, when this property, being owned by a public entity, is already reserved for the use of the public. The easement guarantees the right to go in and maintain those utilities. A public entity isn’t going to be restricted from maintaining the utilities because it’s already owned by the public entity. This plat is self-serving in that sense and thus unique. Commissioner Sheridan stated that the magic words are “extra cost”… Mr. Rutledge responded that he doesn’t believe anything is lost by not identifying utilities and providing easements on this plat. Commissioner Forest, Reed and Davidson had no comments. Commissioner Ashby commented that the municipal plat appropriately fits the Town of Trophy Club as it is shaped like a golf club head. Mr. Rutledge responded that it’s a 3-wood. Commissioner Ashby made a motion recommending approval of the final plat of Municipal Utility District No. 1 Complex. Commissioner Davidson seconded the motion. Ayes: Hill, Stephens, Reed, Sheridan, Forest, Ashby, Davidson Nays: None Action: 7-0, Approved Town Council 15 of 208 Meeting Date: August 17, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-326-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/10/2009 Town Council On agenda:Final action:8/17/2009 Title:Consent Agenda: Consider and take appropriate action regarding an expenditure of Court Technology funds not to exceed $1,500 for a replacement laptop for the Municipal Court. Attachments:Court Laptop Quote from Dell.pdf Action ByDate Action ResultVer. Town Council 16 of 208 Meeting Date: August 17, 2009 109-326-T Version:File #: Title Consent Agenda: Consider and take appropriate action regarding an expenditure of Court Technology funds not to exceed $1,500 for a replacement laptop for the Municipal Court. Body Management is seeking authorization to expend Court Technology funds to replace the obsolete laptop used by the Municipal Court. The laptop does not currently function and is 6 years old. Attached is the quote from Dell for a replacement. The total price should not exceed $1,500. Management recommends approval. Town Council 17 of 208 Meeting Date: August 17, 2009 DELL QUOTATION QUOTE #: 500120007 Customer #: 3346495 Contract #: 48ABO CustomerAgreement #: DIR -SDD-890-TX Quote Date: 7/31/09 Date: 7/31/09 4:35:44 PM Customer Name: TX TROPHY CLUB ENTITIES TOTAL QUOTE AMOUNT: $1,391.09 Product Subtotal: $1,391.09 Tax: $0.00 Shipping & Handling: $0.00 Shipping Method: Ground Total Number of System Groups: 1 GROUP: 1 QUANTITY: 1 SYSTEM PRICE: $1,391.09 GROUP TOTAL: $1,391.09 Base Unit: Latitude E5500, Intel Core 2 Duo P8800, 2.66GHz, 3M L2 Cache, 1066MHz FSB (224-6086) Memory: 2.0GB, DDR2-800 SDRAM, 2 DIMM for Latitude (311-8826) Keyboard: Internal English Keyboard Single Pointing, for Latitude Notebooks (330-1000) Keyboard: Documentation (English) Latitude E-Family/Mobile Precision (330-1652) Video Card: Intel Integrated Graphics Media Accelerator 4500MHD, Latitude E5X00 (320-6894) Hard Drive: 160GB Hard Drive 9.5MM 5400RPM for Latitude E5X00 (341-7582) Hard Drive Controller: Single pointing touchpad for Latitude E5500 (311-8955) Floppy Disk Drive: 15.4 inch Wide Screen WXGA LCDfor Latitude E5500 (320-6895) Operating System: Windows XP PRO SP3 with Windows Vista Business LicenseEnglish,Dell Latitude (420-9610) Modem: No Modem for Latitude E-Family (313-6507) TBU: US - 3-FT, 3-Pin Flat E-FamilyPower Cord for Latitude E-Family (330-0879) TBU: 90W 3-Pin, AC Adapter for Latitude E5400/5500 (330-1970) CD-ROM or DVD-ROM Drive: 8X DVD+/-RW for Latitude E5X00 (313-6663) CD-ROM or DVD-ROM Drive: Roxio Creator Dell Edition,9.0Dell Latitude/Mobile Precision (420-8010) CD-ROM or DVD-ROM Drive: Cyberlink Power DVD 8.2,with Media, Dell Relationship LOB (421-0536) Processor Cable: Dell WLAN 1397 (802.11b/g) 1/2MiniCard for Latitude E/MobilePrecision (430-3085) Factory Installed Software: No Resource DVD for Dell Optiplex, Latitude, Precision (313-3673) Feature 6-Cell/54-WHr Battery for Latitude E5X00 (312-0743) Service: Basic Support: Next Business Day Parts and Labor Onsite Response 4 Year Extended (985-8074) Service: Basic Support: Next Business Day Parts and Labor Onsite Response Initial Year (989-8570) Service: Dell Hardware Limited Warranty Plus Onsite Service Initial Year (991-5247) Service: Dell Hardware Limited Warranty Plus Onsite Service Extended Year(s) (991-5378) Installation: Standard On-Site Installation Declined (900-9987) Support: CompleteCare Accidental Damage Protection, 5 Year (985-8464) Support: Info, Complete Care (988-7689) Vista Premium Downgrade Relationship Notebook (310-9160) Intel Core 2 Duo Processor (310-8319) SALES REP: Cory Freeman PHONE: 1800-274-0696 Email Address: Cory_Freeman@Dell.com Phone Ext: 7250057 Town Council 18 of 208 Meeting Date: August 17, 2009 Please review this quote carefully. If complete and accurate, you may place your order online at www.dell.com/qto (use quote number above). POs and payments should be made to Dell Marketing L.P. If you do not have a separate agreement with Dell that applies to your order, please refer to www.dell.com/terms as follows: If purchasing for your internal use, your order will be subject to Dell's Terms and Conditions of Sale-Direct including Dell's U.S. Return Policy, at www.dell.com/returnpolicy#total . If purchasing for resale, your order will be subject to Dell's Terms and Condition of Sale for Persons or Entities Purchasing to Resell , and other terms of Dell's PartnerDirect program at www.dell.com/partner . If your order includes services, visit www.dell.com/servicecontracts for service descriptions and terms. Quote information is valid for U.S. customers and U.S. addresses only, and is subject to change. Sales tax on products shipped is based on "Ship To" address, and for downloads is based on "Bill To" address. Please indicate any tax-exempt status on your PO, and fax your exemption certificate, with seller listed as Dell Marketing L.P , to Dell's Tax Department at 800-433-9023. Please include your Customer Number. For certain products shipped to end-users in California, a State Environmental Fee will be applied. For Asset Recovery/Recycling Services, visit www.dell.com/assetrecovery. Town Council 19 of 208 Meeting Date: August 17, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-287-T Name: Status:Type:Agenda Item Public Hearing File created:In control:7/30/2009 Town Council On agenda:Final action:8/17/2009 Title:Public Hearing regarding changes to the Town of Trophy Club Code of Ordinances, Chapter 13-Zoning, Article V-Supplementary District Regulations, Section 5.03-Accessory Structures and Uses, including without limitation, amending and adopting new regulations affecting accessory structures (ADM-09-003) Attachments:Staff Report.pdf Section 5.03-Accessory Structures and Uses.pdf Public Hearing Notice - Height of Accessory Structures.pdf 080609 P&Z Minutes - Text Change Consideration.pdf Ord. 2009-XX P&Z Chapter 13-Zoning, Article V, Section 5.03-Height.pdf Action ByDate Action ResultVer. Planning & Zoning Commission8/6/2009 1 Town Council 20 of 208 Meeting Date: August 17, 2009 109-287-T Version:File #: Title Public Hearing regarding changes to the Town of Trophy Club Code of Ordinances, Chapter 13-Zoning, Article V- Supplementary District Regulations, Section 5.03-Accessory Structures and Uses, including without limitation, amending and adopting new regulations affecting accessory structures (ADM-09-003) Town Council 21 of 208 Meeting Date: August 17, 2009 TOWN COUNCIL STAFF REPORT August 17, 2009 Case No. ADM-09-003 Request for Text Amendment to Chapter 13-Zoning Section 5.03 Accessory Structures and Uses SUBJECT: Public Hearing regarding changes to the Town of Trophy Club Code of Ordinances, Chapter 13-Zoning, Article V-Supplementary District Regulations, Section 5.03-Accessory Structures and Uses, including without limitation, amending and adopting new regulations affecting accessory structures. (ADM-09-003) PURPOSE: To define the height of “one story” as used in Section 5.03 “Accessory Structures and Uses”. STAFF COMMENTS: By current ordinance, an accessory structure cannot exceed “one story in height”, except for storage/utility structures which shall not exceed eight feet (8’) in height. Examples of allowed accessory structures in Trophy Club are detached private garage, cabana, greenhouse, home workshop, guest house. As “one story” is not defined in Section 5.03, the height is then restricted to the maximum height allowed in the zoning district. Maximum height ranges from 42-ft. to 28-ft. in Trophy Club zoning districts. For example: Zoning District Height Restriction PD-16 The Knoll 42-ft. Straight Zoning (R-8 to R-15) 40-ft. R-FV (Fairway Village) 40-ft. R-TT (Twenty in Trophy) 40-ft. RS (Summit) 40-ft. PD-12 Lakeside 35-ft. PD-14 The Villas 35-ft. PD-15 The Lakes 35-ft. PD-17, Villas of Hogan’s Glen 35-ft. PD-18 Fox Pointe 35-ft. R-OH Oak Hill 30 or 35-ft. R-OHP Oak Hill Patio 28-ft. Town Council 22 of 208 Meeting Date: August 17, 2009 With the regulations as currently written, a homeowner could build a “one story” accessory structure such as a detached garage or home workshop to the maximum height allowed in the zoning district -- 35-ft. or 40-ft. in most zoning districts in the Town of Trophy Club. (A building is considered “one story” provided there is no interruption from floor to ceiling within the building.) During the past fiscal year (2008-09), approximately 160 new single family residential building permits were issued in the Town of Trophy Club. Popular ceiling heights in new residential homes are 10-12-ft with roof pitches ranging from 8:12 to 12:14. Using those measurements as a guideline, staff requests a height restriction of one story be limited to 20-ft. maximum height on accessory buildings. STAFF REQUEST: Staff requests the following changes to Sections 5.03 A.1.d and A.1.e.ii.: A.1. Permitted Accessory Structures d. An accessory use shall not be located within any identified easement. In addition, accessory structures permitted in these districts shall not exceed one story in height, the maximum height of one story not to exceed twenty feet (20’) in height, except for storage/utility structures which shall not exceed eight feet (8’) in height. e. Height Requirements/Screening Requirements: ii. Accessory structures permitted in these districts shall not exceed one story in height, the maximum height of one story not to exceed twenty feet (20’) in height, except for storage/utility structures which shall not exceed eight feet (8’) in height.” Staff asks for approval of this request. PUBLIC HEARING: As required by ordinance, a notice of public hearing must be published in the local newspaper fifteen (15) days prior to a hearing for a text amendment. A notification was placed in the newspaper as required. Hearing Date: August 17, 2009. Publication Date: July 22, 2009. PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning Commission considered this item in a regular meeting on August 6, 2009. By a unanimous vote the Commission recommended approval to the Town Council. Town Council 23 of 208 Meeting Date: August 17, 2009 Commissioner Ashby made a motion recommending approval of the final plat of Municipal Utility District No. 1 Complex. Commissioner Davidson seconded the motion. Ayes: Hill, Stephens, Reed, Sheridan, Forest, Ashby, Davidson Nays: None Action: 7-0, Approved (ch/ck) Attachment: Section 5.03 Accessory Structures and Uses Public Hearing Notice Minutes from August 6, 2009 P&Z Commission Meeting Ordinance No. 2009-XX P&Z Town Council 24 of 208 Meeting Date: August 17, 2009 Chapter 13 – Zoning Rev. 5/29/09 Section 5.03 Accessory Structures and Uses An accessory structure shall comply in all respects with the requirements of this ordinance applicable to the main structure, and in accordance with the following: A. All residentially zoned districts shall be subject to the following regulations. 1. Permitted Accessory Structures a. Except as otherwise provided herein, and excluding pools and covers, accessory structures less than one hundred twenty (120) square feet of floor area shall not require a building permit. Storage/utility buildings, regardless of size shall require a permit on all lots abutting public and private parks or the golf course. Ord. No. 2006-34 P & Z § II revised Section (1)(a), 9-11-06, Ord. No. 2006-46 amended to revise (A)(1)(a), 11/20/06 b. The following structures and uses shall be permitted as accessory to the principal structure provided that none shall be a source of income to the owner or user of the principal single-family dwelling, i. Detached private garage in connection with any use, provided that no such garage shall face a golf course; and provided that any detached garage which faces a street be located a minimum of forty-five feet (45’) from the front property line; and provided, however, that the requirement that no such garage face any street shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town, unless otherwise provided by ordinance. ii. Cabana, pavilion, gazebo iii. Storage/utility buildings (masonry or wood) iv. Greenhouse (as hobby, not business) v. Home workshop vi. One Flag Pole less than twenty feet (20’) in height per residential lot; flagpoles are allowed in the front yard but cannot be in Town right-of-way or in any identified easements; and must be a minimum of six feet (6’) from rear and side lot lines. Permissible flags are as defined in the Code of Ordinances, Chapter 5-General Land Use, Article IV-Sign Regulations, Section 4.07. Ord. No. 2009-09 P & Z § II revised Subsection A(1)(b)(vi), 5/18/09 vii. Tennis court/ Basketball court viii. Guest House ix. Swimming Pool/Hard Top Pool Cover Ord. No. 2006-34 P & Z § II, revised Section (1)(b)(ix), 9-18-06 c. In all residentially zoned districts, when any of the foregoing permitted residential Town Council 25 of 208 Meeting Date: August 17, 2009 Chapter 13 – Zoning Rev. 5/29/09 accessory uses are detached from the principal single-family dwelling, such accessory uses shall be located, except flagpoles as defined in item “vi” above: i. Behind the front building setback; and ii. A minimum of twenty feet (20’) from any street right of way; and iii. A minimum of six feet (6’) from rear and side lot lines. Ord. No. 2009-09 P & Z § II revised Subsection A(1)(c), 5/18/09 d. Location: There shall be no accessory structures located in any front yard or side yards, with the exception of a flag pole, as defined in item “vi” above. Accessory structures erected ten (10) feet or closer to the principle building shall be considered to be attached and part of the primary structure for calculating total square feet under roof and shall comply with the setback lines established for that zoning district. If the total square feet under roof (including said accessory structures) exceed 7,500 sq. ft., then the entire new accessory structure must be protected with a sprinkler system. In a case where more than one accessory structure is on the same lot, each structure shall have a minimum ten (10) foot separation between them. A swimming pool is permitted to be located closer than ten (10) feet to the principle building. If the waters edge of a swimming pool, or any accessory structure that is excavated for foundation footing, is located six (6) feet or closer to the primary dwelling, an engineer’s letter, stamped by all applicable engineers, stating the excavation will not in any way harm the structural integrity of the primary dwelling, will be required at the time of plan submittal. Notwithstanding the foregoing, accessory structures are only allowed if they comply with the zoning regulations in the district in which they are located. Ord. No. 2009-09 P & Z § II revised Subsection D, 5/18/09 e. Height Requirements / Screening Requirements: i. Hard top pool covers shall not exceed four feet (4’) in height above the outside perimeter of the pool. ii. Accessory structures permitted in these districts shall not exceed one story in height, except for storage/utility structures which shall not exceed eight feet (8’) in height. iii. Hard top pool covers located on lots abutting golf courses or public or private parks shall be screened from public and private view by the use of live screening as required by this section. Live screening shall reach a minimum height of four feet (4’) within one (1) year after the date of initial planting; provided however, that such live screening shall at no time exceed the height of an existing fence or six feet (6’) in height, whichever is less. Ord. No. 2006-34 P & Z § II, add Section (1)(e)(i) and (1)(e)(iii), 9-18-06, Ord. 2008-24 § 2.02 - Amended Subsection A.1.e., 9/8/08. B. Non-Residential Accessory Structures: All non-residentially zoned districts shall be subject to the following regulations. The following shall be permitted as accessory uses, provided that such use shall be located not less than twenty feet (20’) from any street right-of-way: 1. Permitted Accessory Structures and Uses in CG-Commercial District and in NS Neighborhood Service District: The following uses shall be permitted as accessory uses: a. Screened garbage storage on a concrete pad and no nearer than fifty feet (50’) to a residentially zoned district and not located between the front of the building and any street right-of-way. Town Council 26 of 208 Meeting Date: August 17, 2009 Chapter 13 – Zoning Rev. 5/29/09 b. Temporary uses incidental to the primary use, provided the same is properly screened and provided they conform to the standards set forth in Section 5.01, Temporary Uses. 2. Permitted Accessory Structures and Uses in CR-Commercial District: The following structures and uses shall be permitted as accessory structures and uses. a. Cabana, pavilion, gazebo or roofed area b. All other uses and structures which are customarily accessory, and clearly incidental to the structures, and which are allowed within the applicable Zoning District. 3. Permitted Accessory Uses in GU-Governmental Use District and in PO- Professional Office District: The following uses shall be permitted as accessory, provided that none shall be a source of income to the owner or user of the principal use: a. All other uses and structures which are customarily accessory, and clearly incidental to the structures, and which are allowed within the applicable Zoning District. C. Prohibited Structures: The following structures shall be prohibited: 1. Treehouses 2. Metal, vinyl or similar material structures unless otherwise provided herein. 3. Temporary structures on skids D. Location: There shall be no accessory structures located in any front yard or side yards, with the exception of a flag pole and signs, as defined by this article. Accessory structures erected ten (10) feet or closer to the principle building shall be considered to be attached and part of the primary structure for calculating total square feet under roof and shall comply with the setback lines established for that zoning district. If the total square feet under roof (including said accessory structures) exceed 7,500 sq. ft., then the entire new accessory structure must be protected with a sprinkler system. In a case where more than one accessory structure is on the same lot, each structure shall have a minimum ten (10) foot separation between them. A swimming pool is permitted to be located closer than ten (10) feet to the principle building. If the waters edge of a swimming pool, or any accessory structure that is excavated for foundation footing, is located six (6) feet or closer to the primary dwelling, an engineer’s letter, stamped by all applicable engineers, stating the excavation will not in any way harm the structural integrity of the primary dwelling, will be required at the time of plan submittal. Notwithstanding the foregoing, accessory structures are only allowed if they comply with the zoning regulations in the district in which they are located. Ord. 2008-24, § 2.03 - Amended Subsection D, 9/8/08. E. Garage Requirements: 1. A detached garage, used to meet the minimum off street parking requirement, shall be permitted as an accessory use in a residential district and shall be constructed so as to accommodate the enclosed parking of at least two (2) automobiles. 2. A detached garage, which is provided in addition to the required two (2) car garage, shall be permitted as an accessory structure in a residential district, except as otherwise specifically provided. 3. Any detached garage shall setback at least forty-five feet (45’) from the front property line of a Town Council 27 of 208 Meeting Date: August 17, 2009 Chapter 13 – Zoning Rev. 5/29/09 residential lot. 4. Corner lots may have detached garages facing a side street if they set back a minimum of thirty five feet (35’) from the side street; however, no drive cuts will be allowed from any street classified as a major or minor collector street. F. Design Criteria: All accessory structures shall conform to the following design criteria: 1. The exterior surfaces of all accessory structures shall be consistent with the regulations as specified by the applicable zoning district. However, accessory structures that are normally constructed in such a manner that masonry exterior surfaces are neither practical nor appropriate are excluded from the masonry requirements, including but not be limited to gym sets, playhouses, greenhouses, pergolas, arbors, and outdoor kitchens. 2. Open-air structures, such as gazebos and pavilions, are permitted to be constructed with an aluminum material so long as that material resembles wood-like construction and such material has been approved by the Town’s Planning and Zoning Coordinator. (Ord. No. 2005-09 P&Z § II, 5-2-05, Repealed by Ord. No. 2005-14 P&Z, § II, 6-6-05) Ord. 2008-24, § 2.04 - Amended Subsection F.1, 9/8/08. G. Public Views: 1. Except as provided in Section F(1) above, all storage/utility buildings and greenhouses abutting and viewable from public and private parks or golf courses shall be either screened so that they are not visible from any of those locations, or alternatively shall be constructed of at least 80% masonry materials. In order to meet the requirements of this section, one or more of the following shall be met. a. Live Screening i. Live screening as specified in this Section shall be required. Live screening shall at no time exceed the maximum height allowed for a fence in that zoning district. b. Masonry Requirements i. Alternatively, uses specified in this Section shall be constructed of at least eighty percent (80%) masonry materials. The exterior surface shall match the main structure to the greatest extent possible in materials and color.” Ord. No. 2006-46 amended to revise to add a new Sections G, 11/20/06 Town Council 28 of 208 Meeting Date: August 17, 2009 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. DATE: July 20, 2009 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time: July 22, 2009 SUBJECT: Public Hearings NOTICE OF PUBLIC HEARING PLANNING & ZONING COMMISSION Thursday, August 6, 2009 TOWN COUNCIL Monday, August 17, 2009 A Public Hearing will be held by the Planning & Zoning Commission of the Town of Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m., Thursday, August 6, 2009, to consider: Changes to the Comprehensive Zoning Ordinance, amending various sections of Chapter 13–Zoning, including without limitation, amending and adopting new regulations affecting accessory structures, affecting design criteria, and other miscellaneous provisions of Chapter 13. The Town Council will hold a public hearing to consider the above items on August 17, 2009, in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m. Town Council 29 of 208 Meeting Date: August 17, 2009 PLANNING AND ZONING COMMISSION MINUTES AUGUST 6, 2009 3 DISCUSSION AND RECOMMENDATION REGARDING CHANGES TO THE TOWN OF TROPHY CLUB CODE OF ORDINANCES, CHAPTER 13-ZONING, ARTICLE V- SUPPLEMENTARY DISTRICT REGULATIONS, SECTION 5.03-ACCESSORY STRUCTURES AND USES, INCLUDING WITHOUT LIMITATION, AMENDING AND ADOPTING NEW REGULATONS AFFECTING ACCESSORY STRUCTURES (ADM- 09-003) Chairman Hill asked for a staff report. Ms. Huggins stated that this item is a request from staff to make a change to Section 5.03 of the Zoning Ordinance. Section 5.03 deals with Accessory Structures. Some examples are a detached garage, a greenhouse, a home workshop, and a guest house, and, as currently written, the ordinance states that accessory structures shall not exceed one story in height, except for storage and utility structures which cannot exceed 8-ft. in height. Ms. Huggins stated that the problem that staff is having is determining what is the maximum height of one story? The ordinance as written doesn’t clarify that. She stated that recently a resident submitted a building permit application for a one story detached garage that is 25-ft. in height. It looks like a 2-story structure and easily could be converted to a two-story structure, but the applicant insists that it will be one story only, and inside the structure there is nothing between the floor to ceiling, so from the inside it appears to be one story. The look from the outside, however, with a 25-ft. height, the structure has a two story look. Without a “story” being defined in the ordinance, the application could not be denied and the structure is currently being built in the Town of Trophy Club. [picture below] Town Council 30 of 208 Meeting Date: August 17, 2009 Ms. Huggins stated that staff requests a recommendation of approval to the Council for a change to Section 5.03 that will limit a “story” to 20-ft. in height for accessory structures. Ms. Huggins stated that the building inspector, Chris King, is available to provide additional information and answer questions. She also stated that as required by ordinance a public hearing notice was placed in the local newspaper. Chairman Hill stated that he has no additional questions. He asked the Commissioners for questions. Vice Chairman Stephens stated that it seems that someone wanting an accessory structure would want to match the roof pitch of the house. Will a 20-ft. height allow a homeowner to match his roof pitch? Chris King, Building Inspector, responded that there are variables, the width of the structure for instance, that might make it difficult to match a roof pitch. A standard detached garage is 22-ft. in width and that width would match just about every existing roof pitch depending on the height of the wall. If they wanted to go with a larger building or a higher height of wall, that would affect the roof pitch. Vice Chairman Stephens stated that the applicant, then, has to make a choice. If the roof matches then the wall height has to come down. Mr. King stated that some zoning districts have a maximum height of 40-ft. and staff is trying to steer clear of having one story accessory buildings as tall as the maximum height allowed in each zoning district. Mr. King stated that older neighborhoods in Trophy Club don’t have the steep pitched roofs that are being built in new neighborhoods. Also, in the newer neighborhoods there isn’t room for most of these types of accessory structures because the lots are already maxed out on lot coverage. Mr. King stated that lot coverage also caps accessory structures such as gazebos. Vice Chairman Stephens stated that if the applicant is willing to be flexible with the variables [wall height, width of structure, etc.] they could get close to matching their roof pitches. Mr. King responded, “I think so, yes sir.” Commissioner Sheridan asked if the structure meets the masonry requirements [referring to the structure shown as an example to the P&Z members; this structure has received a building permit and is currently being built in the Town]. Mr. King responded that it does meet the masonry requirements. The picture doesn’t show the other side elevations which provide the appropriate masonry to meet building code. Commissioner Sheridan asked if the IBC has a definition of a story. Mr. King responded that the definition in the building code states ‘from the floor surface of one area to the roof or ceiling next above’. Commissioner Sheridan stated that this building is then one story because it is one height inside. Commissioner Sheridan stated that the owner of this structure has the capability of putting a second floor in there and getting two eight foot plates. Mr. King responded affirmatively. Commissioner Sheridan asked if the frame could support an additional floor. Mr. King responded that the exterior walls must be load bearing to carry the Town Council 31 of 208 Meeting Date: August 17, 2009 rafters so it could support a second floor. Commissioner Sheridan commented that this existing building permit then, although one story when issued, is prepped to be two stories. Commissioner Sheridan stated that he would like to see maximum flexibility for the homeowner, but also maximum protection for neighbors. Commissioner Sheridan asked how a 20-ft. height was determined. Mr. King responded that he did a search on the standard height of detached garages that have been permitted in the past in Trophy Club. The average was 14-ft. to 19-ft. Mr. King then played with the wall heights and roof pitches to see what would be a good cap. Commissioner Sheridan stated that he is for a 20-ft. height limitation, but is concerned about the plate height of a wall. He asked the other Commissioners for discussion. Commissioner Ashby stated that Mr. Sheridan wishes to establish a maximum top of plate height of any exterior wall…[can’t pick up on recorder remainder of Mr. Ashby’s comments]. Commissioner Sheridan stated that he is thinking of accessory structures as other things besides a detached garage and he doesn’t want to regulate the world but would like to protect what the neighbor can build overlooking the fence. Commissioner Forest suggested considering having a relation between the height of the main structure and the accessory structure. He stated that he would like to give homeowners the right to build what they want to but by the same token there must be compliance so that the look is decent for the neighborhood. Commissioner Reed stated that 20-ft. sounds pretty good. He asked if the 20-ft. restricts what the wall height will be. Commissioner Sheridan responded, “not necessarily”. Commissioner Sheridan stated that a 20-ft. height would allow a 12-ft. or even 14-ft. wall height. Commissioner Reed asked if there is a problem with that. He stated that he understands the concern with what can be seen over the top of a fence, but he wondered if it matters what is in between the top of the fence and the maximum height of the structure. Commissioner Reed stated that he doesn’t think it really matters. “Just have the 20-ft. and that’s as tall as anything is going to be next door to you. It might be 8-ft. high walls or 12-ft. high walls but the whole thing isn’t going to be taller than 20-ft.” Commissioner Sheridan stated, “I admit I’m not sure this is a valid concern.” He said he doesn’t mind a neighbor having a gazebo. “Pergolas are nice to see in the backyards.” He stated, “I’m concerned about a tall accessory building in the backyard.” Commissioner Reed stated that he believes Commissioner Sheridan’s question is a good one, but from his point of view the 20-ft. will limit and take care of what can be built. Commissioner Ashby stated that he agrees with Commissioner Reed that 20-ft. covers it. He doesn’t believe top of plate will be relevant in many of the cases. Commissioner Davidson agrees with the 20-ft. height. He stated that he has a neighbor with an extraordinarily steep roof and if the neighbor were to put in a detached garage, provided he Town Council 32 of 208 Meeting Date: August 17, 2009 had enough space to do so, it probably would exceed the 20-ft. mark even on a one car garage so limiting of the plate height may be something to consider for garage structures. [Three or four commissioners make comments – not clear on recorder what is being said.] Commissioner Sheridan asked how this affects RV storage, which is typically 14-ft. wide. The plate height would have to go to at least 12-ft. What would be the exterior look from a neighbor’s backyard? He stated that this is about protecting our neighborhood and community. The ordinance already protects corner lots and provides for living screens, so that leaves protecting the interior-type community. Commissioner Davidson stated that there are square footage limitations for accessory structures. RV storage requires at least a 12:6 plate. There will also be a length issue of approximately 30-ft. How many lots will have room for that type of structure? He stated that he doesn’t think there are that many. Commissioner Ashby stated that there aren’t that many RV’s stored in town. Commissioner Davidson stated that there are a couple of individuals in his neighborhood that have motor homes of that size and they store them off site because they wouldn’t fit on any of these lots. So he believes there is a plate height concern, and a total square footage concern that goes with that. He stated that if the example that was shown was put up across the street from his residence it would look downright silly. The house across the street is a beautiful home with extremely steep pitched roofs and then to have that (the example shown) would be an eyesore. Commissioner Davidson stated that he doesn’t think they can mandate that the roof pitch of the house and the accessory structure have to match. That seems to be going a bit overboard, but he believes it can be handled through other tweaks that limit that kind of action. Commissioner Sheridan added that the resident can always come in and ask for a variance if he needs 21-ft. versus 20-ft., for instance. Ms. Huggins stated that the Town’s ordinances are specific as to the types of accessory structures allowed in Trophy Club. The allowed structures are listed on page 13 of the Commissioner’s packet. She stated that recreational vehicles are governed by Chapter 5- General Land Use of the Code of Ordinances and it states that a recreational vehicle must be in a fully enclosed structure – an enclosed building with four walls and a roof which is constructed of material allowed for accessory structures. Chris King stated that there are not many RV structures in the Town of Trophy Club. He stated that when they come in for a permit and the calculation is done of the lot size and lot coverage most exceed the allowed lot coverage and cannot be built. Commissioner Sheridan stated that he believes his original question might be a moot point and he withdraws it. He supports the 20-ft. height. Vice Chairman Stephens stated that he supports the 20-ft. and he believes there is a way to put an RV in a building that has a 10-ft. plate line and build the rafters inside and raise the door up above the plate line but he believes lot coverage precludes building something for a greyhound bus type motor home. Town Council 33 of 208 Meeting Date: August 17, 2009 Commissioner Forest asked if there is any ordinance against a flat roof. Ms. Huggins and Mr. King responded that there is not. Commissioner Forest stated that there is the possibility then of building a 20-ft. one story building with a flat roof. There was no further discussion. Commissioner Sheridan made a motion recommending approval of a 20-ft. maximum height of one story for accessory structures. Commissioner Reed seconded the motion. Ayes: Hill, Stephens, Reed, Sheridan, Forest, Ashby, Davidson Nays: None Action: 7-0, Approved Town Council 34 of 208 Meeting Date: August 17, 2009 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2009-XX P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES OF THE TOWN, ENTITLED “ZONING”, ARTICLE V, ENTITLED “SUPPLEMENTARY DISTRICT REGULATIONS”, SECTION 5.03 ENTITLED “ACCESSORY STRUCTURES AND USES”, SUBSECTION A.1.d. and A.1.e.ii RELATIVE TO HEIGHT REQUIREMENTS; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SAVINGS CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town is a home rule municipality organized under the Constitution and the laws of the State of Texas; and WHEREAS, after due deliberations and consideration of the recommendation of the Planning & Zoning Commission, and the information and other materials received at public hearings, the Town Council has concluded that the amendments of this Ordinance are in the best interests of the Town of Trophy Club, Texas, and of the public health, safety and general welfare; and WHEREAS, as allowed in the Town’s Ordinance, accessory structures, except for storage/utility structures, cannot exceed one story (20-ft. maximum) in height; and WHEREAS, having determined that changing the regulations of accessory structures in accordance with the provisions set forth below allows improvements to property that beautify, increase enjoyment and add value to property and is an appropriate and beneficial governmental function, Council hereby determines that the adoption of this Ordinance serves the health, safety and welfare of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Town Council 35 of 208 Meeting Date: August 17, 2009 SECTION 1. INCORPORATION OF PREMISES All of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2. AMENDMENTS 2.01 Article V, Entitled “Supplementary District Regulations” of Chapter 13, entitled “Zoning”, of the Code of Ordinances of the Town of Trophy Club, is hereby amended, so that Section 5.03 entitled “Accessory Structures and Uses”, Subsection A.1.d. is hereby amended to be and read in its entirety as follows: d. An accessory use shall not be located within any identified easement. In addition, accessory structures permitted in these districts shall not exceed one story in height, the maximum height of one story not to exceed twenty feet (20’), except for storage/utility structures which shall not exceed eight feet (8’) in height. 2.02 Article V, Entitled “Supplementary District Regulations” of Chapter 13, Entitled “Zoning”, of the Code of Ordinances of the Town of Trophy Club, is hereby amended, so that Section 5.03 entitled “Accessory Structures and Uses”, Subsection A.1.e.ii. is hereby amended to be and read in its entirety as follows: e. Height Requirements/Screening Requirements: ii. Accessory structures permitted in these districts shall not exceed one story in height, the maximum height of one story not to exceed twenty feet (20’), except for storage/utility structures which shall not exceed eight feet (8’) in height. SECTION 3. 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 each day during or on which a violation occurs or continues. Town Council 36 of 208 Meeting Date: August 17, 2009 SECTION 4. SAVINGS That all rights and remedies of the Town of Trophy Club are expressly saved to any and all violations of the provisions of any Ordinance affecting accessory structures which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 5. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other Ordinances affecting accessory structures and uses and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 6. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. Town Council 37 of 208 Meeting Date: August 17, 2009 SECTION 8. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as required by the Town Charter and state law. SECTION 9. EFFECTIVE DATE That this Ordinance shall be in full force and 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 17th day of August, 2009. Mayor, Connie White Town of Trophy Club, Texas [SEAL] ATTEST: Lisa Hennek, Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: Patricia Adams, Town Attorney Town of Trophy Club, Texas Town Council 38 of 208 Meeting Date: August 17, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-288-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/30/2009 Town Council On agenda:Final action:8/17/2009 Title:Consider and take appropriate action regarding an Ordinance amending Chapter 13-Zoning, Article V-Supplementary District Regulations, Section 5.03-Accessory Structures and Uses of the Code of Ordinances, including without limitation, the adoption of new regulations affecting accessory structures (ADM-09-003) Attachments: Action ByDate Action ResultVer. Planning & Zoning Commission8/6/2009 1 Town Council 39 of 208 Meeting Date: August 17, 2009 109-288-T Version:File #: Title Consider and take appropriate action regarding an Ordinance amending Chapter 13-Zoning, Article V-Supplementary District Regulations, Section 5.03-Accessory Structures and Uses of the Code of Ordinances, including without limitation, the adoption of new regulations affecting accessory structures (ADM-09-003) Town Council 40 of 208 Meeting Date: August 17, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-320-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/7/2009 Town Council On agenda:Final action:8/17/2009 Title:Consider and take appropriate action regarding an Ordinance of the Town Council of the Town of Trophy Club, calling a bond election for various park purposes, to be held within the Town in November, 2009, making provisions for the conduct of the election and other provisions relating thereto. Attachments:Park Bond Backup.pdf November Election Calendar.pdf Denton County Important dates for November 2009.pdf Propostitions on the Constitutional Amendment Ord. 2009- Park Bond Elec.pdf Poling Sites.pdf Action ByDate Action ResultVer. Town Council 41 of 208 Meeting Date: August 17, 2009 109-320-T Version:File #: Title Consider and take appropriateaction regardingan Ordinance of the Town Council of the Town of Trophy Club, calling a bond election for various park purposes, to be held within the Town in November, 2009, making provisions for the conduct of the election and other provisions relating thereto. Body On August 13, 2009 the draft Ordinance (included) was forwardedto Julie Partain, Vison & Ellkins LLP for review.At the time of posting Ms. Partain's reviewand comments were not available,thereforeManagement has included a draft copy of an Ordinance for review. Management recommends this item be included to the August 24, 2009 Special Session Agenda for action. . Town Council 42 of 208 Meeting Date: August 17, 2009 Pr o p o s a l f o r N o v e m b e r Pr o p o s a l f o r N o v e m b e r Tr o p h y C l u b P a r k s a n d Tr o p h y C l u b P a r k s a n d Rec Rec Bo n d E l e c t i o n Bo n d E l e c t i o n To w n Co u n c i l 43 of 20 8 Meeting Date: August 17, 2009 Go a l s o f C i t i z e n G r o u p Go a l s o f C i t i z e n G r o u p  Id e n t i f y a p a t h t o w a r d f i n a n c i n g a n d Id e n t i f y a p a t h t o w a r d f i n a n c i n g a n d de v e l o p i n g T r o p h y C l u b r e c r e a t i o n de v e l o p i n g T r o p h y C l u b r e c r e a t i o n fa c i l i t i e s i d e n t i f i e d i n t h e M a s t e r P a r k P l a n fa c i l i t i e s i d e n t i f i e d i n t h e M a s t e r P a r k P l a n  Pr o v i d e t h e c i t i z e n s o f T r o p h y C l u b a s Pr o v i d e t h e c i t i z e n s o f T r o p h y C l u b a s mu c h i n f o r m a t i o n a s p o s s i b l e o n t h e c o s t mu c h i n f o r m a t i o n a s p o s s i b l e o n t h e c o s t of b u i l d i n g a n d o p e r a t i n g t h e s e f a c i l i t i e s of b u i l d i n g a n d o p e r a t i n g t h e s e f a c i l i t i e s  Li m i t c o s t s w h e r e a p p l i c a b l e Li m i t c o s t s w h e r e a p p l i c a b l e To w n Co u n c i l 44 of 20 8 Meeting Date: August 17, 2009 TC C i t i z e n S u r v e y TC C i t i z e n S u r v e y –– Ja n 2 0 0 8 Ja n 2 0 0 8 To w n Co u n c i l 45 of 20 8 Meeting Date: August 17, 2009 TC C i t i z e n S u r v e y TC C i t i z e n S u r v e y –– Ja n 2 0 0 8 Ja n 2 0 0 8  Mo r e t h a n h a l f ( 6 4 % ) o f c i t i z e n s s u r v e y e d Mo r e t h a n h a l f ( 6 4 % ) o f c i t i z e n s s u r v e y e d wo u l d b e w i l l i n g t o p a y a p r o p e r t y t a x wo u l d b e w i l l i n g t o p a y a p r o p e r t y t a x in c r e a s e o f b e t w e e n $ 7 5 t o m o r e t h a n in c r e a s e o f b e t w e e n $ 7 5 t o m o r e t h a n $3 5 0 p e r y e a r t o s u p p o r t t h e i m p r o v e m e n t $3 5 0 p e r y e a r t o s u p p o r t t h e i m p r o v e m e n t pr i o r i t i e s s u g g e s t e d i n t h e c i t i z e n s u r v e y . pr i o r i t i e s s u g g e s t e d i n t h e c i t i z e n s u r v e y . To w n Co u n c i l 46 of 20 8 Meeting Date: August 17, 2009 PI D P a r k A m e n i t i e s PI D P a r k A m e n i t i e s  Th e P I D m a n d a t e s d e v e l o p m e n t o f Th e P I D m a n d a t e s d e v e l o p m e n t o f  Wa t e r a m e n i t y ( S p l a s h P a r k ) Wa t e r a m e n i t y ( S p l a s h P a r k )  No r t h e a s t P a r k No r t h e a s t P a r k  No r t h w e s t P a r k No r t h w e s t P a r k To w n Co u n c i l 47 of 20 8 Meeting Date: August 17, 2009 PI D P a r k A m e n i t i e s PI D P a r k A m e n i t i e s  Th e P I D f u n d s a l l o w d e v e l o p m e n t o f Th e P I D f u n d s a l l o w d e v e l o p m e n t o f  Wa t e r a m e n i t y ( S p l a s h P a r k ) Wa t e r a m e n i t y ( S p l a s h P a r k )  $6 5 0 $6 5 0 -- $8 5 0 k $8 5 0 k To w n Co u n c i l 48 of 20 8 Meeting Date: August 17, 2009 To w n Co u n c i l 49 of 20 8 Meeting Date: August 17, 2009 PI D P a r k A m e n i t i e s PI D P a r k A m e n i t i e s  Th e P I D f u n d s a l l o w d e v e l o p m e n t o f Th e P I D f u n d s a l l o w d e v e l o p m e n t o f  No r t h e a s t P a r k No r t h e a s t P a r k  ~$ 5 0 0 k ~$ 5 0 0 k  2 b a s e b a l l f i e l d s , i r r i g a t i o n , p a r k i n g , 2 b a s e b a l l f i e l d s , i r r i g a t i o n , p a r k i n g , ½½ mu l t i mu l t i -- us e f i e l d us e f i e l d To w n Co u n c i l 50 of 20 8 Meeting Date: August 17, 2009 To w n Co u n c i l 51 of 20 8 Meeting Date: August 17, 2009 To w n Co u n c i l 52 of 20 8 Meeting Date: August 17, 2009 PI D P a r k A m e n i t i e s PI D P a r k A m e n i t i e s  Th e P I D f u n d s a l l o w d e v e l o p m e n t o f Th e P I D f u n d s a l l o w d e v e l o p m e n t o f  No r t h w e s t P a r k No r t h w e s t P a r k  ~$ 1 . 0 M ~$ 1 . 0 M  1 b a s e b a l l f i e l d 1 b a s e b a l l f i e l d  Pa r k i n g / t r a i l s Pa r k i n g / t r a i l s  Li g h t i n g Li g h t i n g  Ir r i g a t i o n Ir r i g a t i o n To w n Co u n c i l 53 of 20 8 Meeting Date: August 17, 2009 To w n Co u n c i l 54 of 20 8 Meeting Date: August 17, 2009 PI D P a r k A m e n i t i e s PI D P a r k A m e n i t i e s  Th e P I D f u n d s a l l o c a t e d o n l y a l l o w f o r Th e P I D f u n d s a l l o c a t e d o n l y a l l o w f o r pa r t i a l d e v e l o p m e n t o f t h e a c q u i r e d p a r k pa r t i a l d e v e l o p m e n t o f t h e a c q u i r e d p a r k la n d s . la n d s .  Th e P I D d o e s n o t a c c o u n t f o r O & M c o s t s Th e P I D d o e s n o t a c c o u n t f o r O & M c o s t s as s o c i a t e d w i t h t h e s e f a c i l i t i e s as s o c i a t e d w i t h t h e s e f a c i l i t i e s To w n Co u n c i l 55 of 20 8 Meeting Date: August 17, 2009 Co m m u n i t y N e e d s Co m m u n i t y N e e d s  Ge n e r a l f i e l d s p a c e Ge n e r a l f i e l d s p a c e  Fo o t b a l l ( B y r o n N e l s o n s h o u l d h e l p a l l e v i a t e Fo o t b a l l ( B y r o n N e l s o n s h o u l d h e l p a l l e v i a t e so m e f o o t b a l l n e e d s ) so m e f o o t b a l l n e e d s )  So c c e r ( R o a n o k e w i l l b e b u i l d i n g n e w s o c c e r So c c e r ( R o a n o k e w i l l b e b u i l d i n g n e w s o c c e r fi e l d s ) fi e l d s )  Gl a r i n g n e e d f o r q u a l i t y b a s e b a l l f a c i l i t i e s Gl a r i n g n e e d f o r q u a l i t y b a s e b a l l f a c i l i t i e s in t h e T r o p h y C l u b r e g i o n in t h e T r o p h y C l u b r e g i o n  UV d i s i n f e c t i o n f o r p o o l a n d s p l a s h p a r k UV d i s i n f e c t i o n f o r p o o l a n d s p l a s h p a r k  Tr a i l s w i t h a c c e s s t o T r o p h y C l u b P a r k o n Tr a i l s w i t h a c c e s s t o T r o p h y C l u b P a r k o n ea s t s i d e ea s t s i d e To w n Co u n c i l 56 of 20 8 Meeting Date: August 17, 2009 Co m m u n i t y N e e d s Co m m u n i t y N e e d s Th e t o p t h i r t e e n r e c r e a t i o n a l a m e n it i e s a s i d e n t i f i e d b y T r o p h y Th e t o p t h i r t e e n r e c r e a t i o n a l a m e n it i e s a s i d e n t i f i e d b y T r o p h y Club Club re s i d e n t s i n t h e 2 0 0 8 C o m p r e h e n s i v e P a r k P l a n . re s i d e n t s i n t h e 2 0 0 8 C o m p r e h e n s i v e P a r k P l a n .  Tr a i l s f o r w a l k i n g a n d b i k i n g Tr a i l s f o r w a l k i n g a n d b i k i n g  Na t u r e t r a i l s Na t u r e t r a i l s  Re c r e a t i o n c e n t e r Re c r e a t i o n c e n t e r  Ex p a n s i o n o f p o o l a r e a Ex p a n s i o n o f p o o l a r e a  Pl a y g r o u n d e q u i p m e n t Pl a y g r o u n d e q u i p m e n t  La r g e c o v e r e d p i c n i c p a v i l i o n La r g e c o v e r e d p i c n i c p a v i l i on  Ba s e b a l l f i e l d s Ba s e b a l l f i e l d s  Mu l t i Mu l t i -- us e f i e l d s us e f i e l d s  Do g p a r k Do g p a r k  So c c e r f i e l d s So c c e r f i e l d s  Tr o p h y C l u b P a r k Tr o p h y C l u b P a r k  Sp r a y P a r k Sp r a y P a r k  Ou t d o o r t e n n i s c o u r t s Ou t d o o r t e n n i s c o u r t s To w n Co u n c i l 57 of 20 8 Meeting Date: August 17, 2009 Ex a m p l e B o n d E l e c t i o n s Ex a m p l e B o n d E l e c t i o n s To w n Co u n c i l 58 of 20 8 Meeting Date: August 17, 2009 To w n Co u n c i l 59 of 20 8 Meeting Date: August 17, 2009 To w n Co u n c i l 60 of 20 8 Meeting Date: August 17, 2009 To w n Co u n c i l 61 of 20 8 Meeting Date: August 17, 2009 To w n Co u n c i l 62 of 20 8 Meeting Date: August 17, 2009 To w n Co u n c i l 63 of 20 8 Meeting Date: August 17, 2009 Pr o p o s e d A m e n i t i e s Pr o p o s e d A m e n i t i e s  No r t h w e s t P a r k No r t h w e s t P a r k  3 l i g h t e d b a s e b a l l f i e l d s 3 l i g h t e d b a s e b a l l f i e l d s  La r g e p a v i l i o n La r g e p a v i l i o n  Pl a y g r o u n d w i t h s h a d e s t r u c t u r e Pl a y g r o u n d w i t h s h a d e s t r u c t u r e  Pa r k i n g / t r a i l s y s t e m Pa r k i n g / t r a i l s y s t e m  Se c u r i t y l i g h t i n g Se c u r i t y l i g h t i n g  Re s t r o o m / c o n c e s s i o n b u i l d i n g Re s t r o o m / c o n c e s s i o n b u i l d i n g  Fo o t b a l l / s o c c e r p r a c t i c e f i e l d s Fo o t b a l l / s o c c e r p r a c t i c e f i e l d s To w n Co u n c i l 64 of 20 8 Meeting Date: August 17, 2009 To w n Co u n c i l 65 of 20 8 Meeting Date: August 17, 2009 Pr o p o s e d A m e n i t i e s Pr o p o s e d A m e n i t i e s  Sp l a s h P a r k Sp l a s h P a r k  Sh a d e s t r u c t u r e s Sh a d e s t r u c t u r e s  UV d i s i n f e c t i o n s y s t e m UV d i s i n f e c t i o n s y s t e m  Pa r k i n g Pa r k i n g To w n Co u n c i l 66 of 20 8 Meeting Date: August 17, 2009 Pr o p o s e d A m e n i t i e s Pr o p o s e d A m e n i t i e s  No r t h e a s t P a r k No r t h e a s t P a r k  Sm a l l p l a y g r o u n d Sm a l l p l a y g r o u n d  Ad d i t i o n a l p a r k i n g Ad d i t i o n a l p a r k i n g  Do g p a r k Do g p a r k  Tr a i l s y s t e m Tr a i l s y s t e m  Re s t r o o m f a c i l i t y Re s t r o o m f a c i l i t y To w n Co u n c i l 67 of 20 8 Meeting Date: August 17, 2009 Pr o p o s e d A m e n i t i e s Pr o p o s e d A m e n i t i e s  Ha r m o n y P a r k Ha r m o n y P a r k  Sm a l l s p r a y p a r k Sm a l l s p r a y p a r k  Ne w s o c c e r f i e l d w i t h l i g h t s Ne w s o c c e r f i e l d w i t h l i g h t s  So c c e r f i e l d i m p r o v e m e n t s So c c e r f i e l d i m p r o v e m e n t s (i n c l u d i n g s h a d e s t r u c t u r e s ) (i n c l u d i n g s h a d e s t r u c t u r e s )  Tr a i l e x e r c i s e s t a t i o n s Tr a i l e x e r c i s e s t a t i o n s  Up d a t e p l a y g r o u n d c o m p o n e n t s Up d a t e p l a y g r o u n d c o m p o n e n t s  Te n n i s c o u r t r e s u r f a c e Te n n i s c o u r t r e s u r f a c e To w n Co u n c i l 68 of 20 8 Meeting Date: August 17, 2009 Pr o p o s e d A m e n i t i e s Pr o p o s e d A m e n i t i e s  At L a r g e At L a r g e  Ea s t s i d e t r a i l a n d a c c e s s t o T r o p h y C l u b P a r k Ea s t s i d e t r a i l a n d a c c e s s t o T r o p h y C l u b P a r k  UV d i s i n f e c t i o n s y s t e m f o r p o o l UV d i s i n f e c t i o n s y s t e m f o r p o o l To w n Co u n c i l 69 of 20 8 Meeting Date: August 17, 2009 Co m m u n i t y N e e d s Co m m u n i t y N e e d s Th e t o p t h i r t e e n r e c r e a t i o n a l a m e n i t i e s a s i d e n t i f i e d b y Th e t o p t h i r t e e n r e c r e a t i o n a l a m e n i t i e s a s i d e n t i f i e d b y Tr o p h y C l u b r e s i d e n t s i n t h e 2 0 0 8 C o m p r e h e n s i v e P a r k Tr o p h y C l u b r e s i d e n t s i n t h e 2 0 0 8 C o m p r e h e n s i v e P a r k Pl a n . Pl a n .  Tr a i l s f o r w a l k i n g a n d b i k i n g Tr a i l s f o r w a l k i n g a n d b i k i n g  Na t u r e t r a i l s Na t u r e t r a i l s  Re c r e a t i o n c e n t e r Re c r e a t i o n c e n t e r  Ex p a n s i o n o f p o o l a r e a Ex p a n s i o n o f p o o l a r e a  Pl a y g r o u n d e q u i p m e n t Pl a yg r o u n d e q u i p m e n t  La r g e c o v e r e d p i c n i c p a v i l i o n La r g e c o v e r e d p i c n i c p a v i l i o n  Ba s e b a l l f i e l d s Ba s e b a l l f i e l d s  Mu l t i Mu l t i -- us e f i e l d s us e f i e l d s  Do g p a r k Do g p a r k  So c c e r f i e l d s So c c e r f i e l d s  Tr o p h y C l u b P a r k Tr o p h y C l u b P a r k  Sp r a y P a r k Sp r a y P a r k  Ou t d o o r t e n n i s c o u r t s Ou t d o o r t e n n i s c o u r t s To w n Co u n c i l 70 of 20 8 Meeting Date: August 17, 2009 Re c r e a t i o n C e n t e r St u d y a n d S i t e P l a n 1. A r e c r e a t i o n c e n t e r w a s t h e n u m b e r o n e fa c i l i t y d e s i r e d b y t h e r e s i d e n t s o f T r o p h y Cl u b . 2. In 2 0 0 2 a r e c r e a t i o n c e n t e r f a i l e d b y o n e v o t e . 3. Th e p r o c e s s f o r o p e n i n g a r e c r e a t i o n c e n t e r us u a l l y t a k e s 3 - 5 y e a r s . 4. Th e r e c r e a t i o n c e n t e r s t u d y w o u l d d o v e t a i l in t o t h e c o m p r e h e n s i v e p a r k p l a n , w h i c h w a s pa i d f o r w i t h P I D f u n d s . To w n Co u n c i l 71 of 20 8 Meeting Date: August 17, 2009 Pr o j e c t e d P I D a n d B o n d T i m e l i n e Be g i n c o n s t r u c t i o n o f N o r t h e a s t P a r k Tr a i l s y s t e m a n d l a k e s o n l i n e Be g i n c o n s t r u c t i o n o f s p l a s h p a r k a t p o o l Bo n d e l e c t i o n Co m p l e t i o n o f N o r t h e a s t P a r k Se l l B o n d s Ne w m e d i a n s o n l i n e Fi n a l p l a n s & l e t f o r b i d c o n s t r u c t i o n o f N W P a r k Co m p l e t i o n o f s p l a s h p a r k Splash park operational/in use 9/ 2 0 0 9 10 / 2 0 0 9 11 / 2 0 0 9 12 / 2 0 0 9 1/ 2 0 1 0 2/ 2 0 1 0 3/ 2 0 1 0 4/ 2 0 1 0 5/ 2 0 1 0 6/ 2 0 1 0 To w n Co u n c i l 72 of 20 8 Meeting Date: August 17, 2009 Pr o j e c t e d P I D a n d B o n d T i m e l i n e Be g i n c o n s t r u c t i o n o f N o r t h w e s t P a r k Ac q u i s i t i o n o f e a s t s i d e t r a i l h e a d p r o p e r t y / b e g i n d e s i g n p h a s e Be g i n c o n s t r u c t i o n o f H a r m o n y P a r k s p l a s h p a r k a n d a d d i t i o n a l N E P a r k a m e n i t i e s Be g i n R e c r e a t i o n C e n t e r a n a l y s i s a n d s i t e p l a n Co m p l e t i o n o f H a r m o n y P a r k /Northeast Park amenities Co m p l e t i o n o f N o r t h w e s t P a r k Co m p l e t i o n o f R e c r e a t i o n C e n t e r a n a l y s i s Completion of eastside trailhead 7/ 2 0 1 0 8/ 2 0 1 0 9/ 2 0 1 0 10 / 2 0 1 0 11 / 2 0 1 0 12 / 2 0 1 0 1/ 2 0 1 1 2/ 2 0 1 1 3/ 2 0 1 1 6/ 2 0 1 1 To w n Co u n c i l 73 of 20 8 Meeting Date: August 17, 2009 Re v i s e d P r o j e c t e d C o s t s Re v i s e d P r o j e c t e d C o s t s Fa c i l i t y Fa c i l i t y De v e l o p m e n t C o s t E s t . De v e l o p m e n t C o s t E s t . O&M Cost Est. O&M Cost Est. 1 1 NW P a r k NW P a r k $3 , 0 1 5 , 0 0 0 $3 , 0 1 5 , 0 0 0 N/A N/A Sp l a s h P a r k Sp l a s h P a r k $6 0 , 0 0 0 $6 0 , 0 0 0 $27,000 $27,000 NE P a r k NE P a r k $5 1 5 , 0 0 0 $5 1 5 , 0 0 0 $73,000/yr $73,000/yr Ha r m o n y P a r k Ha r m o n y P a r k $6 9 1 , 0 0 0 $6 9 1 , 0 0 0 $9,000/y r $9,000/y r At L a r g e : At L a r g e : Co m m o n A r e a s Co m m o n A r e a s La k e s & T r a i l s La k e s & T r a i l s Co m m u n i t y P o o l Co m m u n i t y P o o l Ea s t s i d e T r a i l h e a d Ea s t s i d e T r a i l h e a d Re c Re c Ce n t e r S t u d y Ce n t e r S t u d y $2 5 5 , 0 0 0 $2 5 5 , 0 0 0 $61,000/yr $61,000/yr S u b S u b -- T o t a l T o t a l $ 4 , 5 3 6 , 0 0 0 $ 4 , 5 3 6 , 0 0 0 $~170,000/yr $~170,000/yr 1 0 % C o n t i n g e n c y 1 0 % C o n t i n g e n c y $ 4 5 3 , 6 0 0 $ 4 5 3 , 6 0 0 -- T o t a l T o t a l $ 4 , 9 8 9 , 6 0 0 $ 4 , 9 8 9 , 6 0 0 $170,000/yr $170,000/yr To w n Co u n c i l 74 of 20 8 Meeting Date: August 17, 2009 Bo n d B r e a k d o w n Bo n d B r e a k d o w n 2 l i g h t e d b a s e b a l l f i e l d s 2 l i g h t e d b a s e b a l l f i e l d s $700,000 $700,000 1 l i g h t e d b a s e b a l l f i e l d w / g r a n d s t a n d 1 l i g h t e d b a s e b a l l f i e l d w / g r a n d s t a n d $475,000 $475,000 La r g e l i g h t e d p a v i l i o n La r g e l i g h t e d p a v i l i o n $175,000 $175,000 Pl a y g r o u n d w / s h a d e s t r u c t u r e Pl a y g r o u n d w / s h a d e s t r u c t u r e $150,000 $150,000 Ad e q u a t e p a r k i n g / t r a i l s y s t e m Ad e q u a t e p a r k i n g / t r a i l s y s t e m $775,000 $775,000 Se c u r i t y l i g h t i n g Se c u r i t y l i g h t i n g $100,000 $100,000 Re s t r o o m c o n c e s s i o n b u i l d i n g Re s t r o o m c o n c e s s i o n b u i l d i n g $400,000 $400,000 Fo o t b a l l f i e l d s ( g r a d i n g / s o d ) Fo o t b a l l f i e l d s ( g r a d i n g / s o d ) $200,000 $200,000 T o t a l T o t a l $ 3 , 0 1 5 , 0 0 0 $ 3 , 0 1 5 , 0 0 0 Sh a d e s t r u c t u r e s Sh a d e s t r u c t u r e s $60,000 $60,000 T o t a l T o t a l $60,000 $60,000 Sp l a s h P a r k No r t h w e s t P a r k To w n Co u n c i l 75 of 20 8 Meeting Date: August 17, 2009 Bo n d B r e a k d o w n Bo n d B r e a k d o w n Do g p a r k Do g p a r k $150,000 $150,000 Tr a i l s y s t e m Tr a i l s y s t e m $25,000 $25,000 Gr a v e l p a r k i n g l o t Gr a v e l p a r k i n g l o t $35,000 $35,000 Sm a l l p l a y g r o u n d Sm a l l p l a y g r o u n d $75,000 $75,000 Re st r o o m f a c i l i t y Re st r o o m f a c i l i t y $230,000 $230,000 T o t a l T o t a l $515,000 $515,000 Sm a l l s p r a y p a r k Sm a l l s p r a y p a r k $250,000 $250,000 Ad d i t i o n a l s o c c e r f i e l d w / l i g h t i n g Ad d i t i o n a l s o c c e r f i e l d w / l i g h t i n g $340,000 $340,000 Sh a d e s t r u c t u r e s f o r s o c c e r s e a t i n g Sh a d e s t r u c t u r e s f o r s o c c e r s e a t i ng $40,000 $40,000 Up d a t e p l a y g r o u n d c o m p o n e n t s Up d a t e p l a y g r o u n d c o m p o n e n t s $30,000 $30,000 Up d a t e p l a y g r o u n d c o m p o n e n t s Up d a t e p l a y g r o u n d c o m p o n e n t s $30,000 $30,000 Ad d i t i o n a l e x e r c i s e s t a t i o n s a l o n g t r a i l Ad d i t i o n a l e x e r c i s e s t a t i o n s a l o n g t r a i l $11,000 $11,000 T o t a l T o t a l $691,000 $691,000 Ha r m o n y P a r k No r t h e a s t P a r k To w n Co u n c i l 76 of 20 8 Meeting Date: August 17, 2009 Bo n d B r e a k d o w n Bo n d B r e a k d o w n Tr a i l s s y s t e m o n e a s t s i d e Tr a i l s s y s t e m o n e a s t s i d e $130,000 $130,000 UV f i l t e r f o r p o o l UV f i l t e r f o r p o o l $40,000 $40,000 Re c Re c Ce n t e r F e a s i b i l i t y S t u d y Ce n t e r F e a s i b i l i t y S t u d y $85,000 $85,000 T o t a l T o t a l $255,000 $255,000 At L a r g e To w n Co u n c i l 77 of 20 8 Meeting Date: August 17, 2009 Be n e f i t s F o r t h e T o w n Be n e f i t s F o r t h e T o w n  Ec o n o m y o f s c a l e Ec o n o m y o f s c a l e  Ad d r e s s t h e c r i t i c a l n e e d s o f t h e c i t i z e n s Ad d r e s s t h e c r i t i c a l n e e d s o f t h e c i t i z e n s  Pr o v i d e q u a l i t y r e c r e a t i o n a l f a c i l i t i e s Pr o v i d e q u a l i t y r e c r e a t i o n a l f a c i l i t i e s  Fa c i l i t a t e b u i l d o u t Fa c i l i t a t e b u i l d o u t  Co m p l y w i t h t h r e e y e a r i m p l e m e n t a t i o n r e q u i r e d Co m p l y w i t h t h r e e y e a r i m p l e m e n t a t i o n r e q u i r e d by t h e P I D . by t h e P I D . Pe r Pe r as p e r a as p e r a ad ad as t r a as t r a !! T h r o u g h d i f f i c u l t i e s t o t h e s t a r s ! T h r o u g h d i f f i c u l t i e s t o t h e s t a r s ! To w n Co u n c i l 78 of 20 8 Meeting Date: August 17, 2009 CITY AND COUNTY BOND ELECTION TIMETABLE NOVEMBER 3, 2009 ACTION REQUIRED* NOVEMBER 3, 2009 Adoption of ordinance/order calling election (No earlier than 90 and no less than 62 days before election (3.005**; 1251.003***) Before September 2 Last date for submission to Department of Justice (61 days before election) (Fed. Law) September 3 Last day to deliver notice of City election to County Clerk (60 days prior to election) (not required for County elections) (4.008**) September 4 Earliest date for submission of applications for voting by mail (60 days before election) (84.007**) September 4 Earliest and last dates for first publication of notice of election (first notice not prior to 30 days before election and not less than 14 days before election – must be published twice on same day of week) (4.003**) (1251.003***) Recommend first publication before start of early voting. October 4 – October 20 Latest date for posting notice of election (21 days before election) (4.003**) October 13 Early voting begins (17 days before election) (85.005**) October 19 (October 17 – Saturday) Date for publication of second notice of election (must be 7 days following publication of first notice of election on the same day of the week) (1251.003***) October 11 – October 27 Latest date for submission of applications for voting by mail (7 days before election or preceding business day) (84.007**) October 27 Early voting ends (4 days before election) (85.005**) October 30 Election Day NOVEMBER 3 Canvass period (8 – 11, days following election based on conditions) (67.003**) November 11 – 16 (November 14 - Saturday) Earliest date bonds can be issued 30 days from adoption of canvass resolution. * Section 1.006 of the Election Code provides if the last day for performance of an act is a Saturday, Sunday, or legal state or national holiday, the act is timely if performed on the next business day, unless other wise provided in the Election Code. This provision is not contained in the Chapter 1251 of the Government Code. ** References to Election Code. *** References to Government Code. Town Council 79 of 208 Meeting Date: August 17, 2009 Important dates for November:  August 3rd – first day to file for a place on the November Election Ballot (cities and schools)  September 2nd - last day to call your election  September 4th – 10 am ballot wording due to Denton County Elections Administration  September 4th - deposit and signed contracts due back to Denton County Elections Administration  September 8th – last day for write in candidates.  September 8th – last day to cancel your election with Denton County Elections Administration. EXTREMELY IMPORTANT INFORMATION:  There will be no extensions to the deadlines; if you don’t have your info to us by the deadline then you are off the ballot. We do not have time with this election to wait around; we are on a deadline, too.  If your ballot wording makes the official ballot longer than 2 (two) pages, your precincts will have to vote totally electronic. Town Council 80 of 208 Meeting Date: August 17, 2009 Town Council 81 of 208 Meeting Date: August 17, 2009 Town Council 82 of 208 Meeting Date: August 17, 2009 Town Council 83 of 208 Meeting Date: August 17, 2009 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2009- AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, CALLING A BOND ELECTION FOR VARIOUS PARK PURPOSES TO BE HELD WITHIN THE TOWN IN NOVEMBER, 2009, MAKING PROVISIONS FOR THE CONDUCT OF THE ELECTION AND OTHER PROVISIONS RELATING THERETO; PROVIDING FOR ENGROSSMENT AND ENROLLMENT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club (the “Town”), hereby finds and determines that it is necessary and advisable to call and hold an election in the Town for the purpose of submitting certain propositions pertaining to the issuance of bonds for the purposes hereinafter set forth; and WHEREAS, the Town Council finds and declares that the meeting at which this Ordinance is considered is open to the public as required by law, and that public notice of the time, place, and purpose of said meeting was given as required by Chapter 551, Texas Government Code, as amended; therefore, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. An election (the “Election”) shall be held in and throughout the Town of Trophy Club, on Tuesday, November 3, 2009, which date being not less than sixty-two (62) nor more than ninety (90) days from the date of this Ordinance, is a uniform election date as defined in the Texas Election Code, as amended (the “Code”). At the Election the following proposition (the “Proposition”) shall be submitted: Proposition No. 1 “Shall the Town Council of the Town of Trophy Club, be authorized to issue general obligation bonds of the Town in the amount of $5,000,000 for the purpose of providing funds for permanent public improvements, to wit: acquiring, developing, renovating and improving parks and open spaces for park and recreation purposes in and for the Town, including the acquisition of land therefor; said bonds to mature serially over a period of not to exceed forty (40) years from their date, to be issued in such installments and sold at any price or prices and to bear interest at any rate or rates as shall be determined within the discretion of the Town Council under laws in effect at the time of issuance, Deleted: US 35085v.1¶ Town Council 84 of 208 Meeting Date: August 17, 2009 and to provide for the payment of the principal of and interest on said bonds by levying a tax sufficient to pay the annual interest on and to create a sinking fund sufficient to redeem said bonds as they become due?” Proposition No. 2 “Shall the Town Council of the Town of Trophy Club, be authorized to issue general obligation bonds of the Town in the amount of $2,500,000 for the purpose of providing funds for permanent public improvements to wit: acquiring, developing, constructing and improving Town pool facilities, including the acquisition of land therefor; said bonds to mature serially over a period of not to exceed forty (40) years from their date, to be issued in such installments and sold at any price or prices and to bear interest at any rate or rates as shall be determined within the discretion of the Town Council under laws in effect at the time of issuance, and to provide for the payment of the principal of and interest on said bonds by levying a tax sufficient to pay the annual interest on and to create a sinking fund sufficient to redeem said bonds as they become due?” Proposition No. 3 “Shall the Town Council of the Town of Trophy Club, be authorized to issue general obligation bonds of the Town in the amount of $7,000,000 for the purpose of providing funds for permanent public improvements, to wit: designing, constructing, equipping and furnishing a Town recreation center facility, including the acquisition of land therefor; said bonds to mature serially over a period of not to exceed forty (40) years from their date, to be issued in such installments and sold at any price or prices and to bear interest at any rate or rates as shall be determined within the discretion of the Town Council under laws in effect at the time of issuance, and to provide for the payment of the principal of and interest on said bonds by levying a tax sufficient to pay the annual interest on and to create a sinking fund sufficient to redeem said bonds as they become due?” Section 2. All resident, qualified voters of the Town shall be eligible to vote at the Election. Section 3. The Election shall be conducted in accordance with the Code under the jurisdiction of the Denton County Elections Department (the “Elections Administrator”) pursuant to an Election Services Contract (the “Contract”) by and among Town Council 85 of 208 Meeting Date: August 17, 2009 Denton County Elections Department (“DCED”), the Town and other participating entities, if any, described in the Contract. The Town Manager or the Town Manager’s designee is authorized to amend or supplement the Contract to the extent required for the Election to be conducted in an efficient and legal manner as determined by the Elections Administrator. Section 4. The voting precincts for the Election are hereby designated to be those municipal voting precincts identified by their respective county precinct numbers set forth in Exhibit A hereto and incorporated herein by reference for all purposes; provided, however, such times and locations set forth on Exhibit A may be changed if so directed by the Elections Administrator without further action of the Town Council. The Elections Administrator is hereby authorized and directed to make such changes in polling locations as may be necessary for the proper conduct of the Election. Each polling place shall be open from 7:00 a.m. to 7:00 p.m. on the date of the Election. Section 5. Election judges shall be paid $10.00 per hour, alternate judges shall be paid $10.00 per hour and clerks shall be paid $8.00 per hour for their service in the Election. Section 6. E-slate, a Direct Record Electronic (DRE) System shall be used for early voting by personal appearance, In the November 3, 2009 election, the Elections Administrator shall cause paper ballots, which are optically scanned, to be prepared in the form of the ballot first above prescribed, being in both English and Spanish, and shall furnish election officials said ballots, in such form, together with any other forms or blanks, in accordance with the Charter of the Town of Trophy Club, the Constitution and laws of the State of Texas and the Voting Rights Act of 1965, and any amendments thereto, insofar as same are applicable. E-Slate, a Direct Record Electronic (DRE) System shall be provided and used at each polling location on Election Day. Section 7. The Proposition shall be set forth substantially in the following form, so as to permit the voters to vote “FOR” or “AGAINST” the Proposition, which shall be set forth on the ballots in substantially the following form: PROPOSITION NO. 1  FOR  AGAINST THE ISSUANCE OF $___________ GENERAL OBLIGATION BONDS FOR PARK, OPEN SPACE AND RECREATION IMPROVEMENTS AND LAND ACQUISITION THEREFOR, AND THE LEVYING OF A TAX IN PAYMENT THEREOF. PROPOSITION NO. 2  FOR  AGAINST THE ISSUANCE OF $__________ GENERAL OBLIGATION BONDS FOR THE CONSTRUCTION, RENOVATION AND EXPANSION OF TOWN POOLS AND LAND ACQUISITION THEREFOR, AND THE LEVYING OF A TAX IN PAYMENT THEREOF. Town Council 86 of 208 Meeting Date: August 17, 2009 PROPOSITION NO. 3  FOR  AGAINST THE ISSUANCE OF $__________ GENERAL OBLIGATION BONDS FOR CONSTRUCTION OF A TOWN RECREATION CENTER FACILITY AND LAND ACQUISITION THEREFOR, AND THE LEVYING OF A TAX IN PAYMENT THEREOF. Section 8. The Elections Administrator is hereby appointed as Early Voting Clerk for the election. Deputy early voting judges/clerks will be appointed as needed to process early voting mail and to conduct early voting. Ballot applications and ballots voted by mail shall be sent to: Early Voting Clerk, Joseph A Carroll Admin Building will be the County Main’s early polling location.. The Elections Administrator and/or the Early Voting Clerk are hereby authorized to appoint the members of the Early Voting Ballot Board and the presiding judge and alternate judge in accordance with the requirements of the Code. Early voting shall be conducted by the Early Voting Clerk, at the main early voting polling location listed above, such location may be changed or additional early voting locations may be added by the Elections Administrator, without further action of the Town Council, as is necessary for the proper conduct of the Election. In addition to the early voting polling locations located within the Town, Trophy Club voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County. Section 9. Early voting by personal appearance shall begin on Monday, October 19, 2009, and shall end at 7:00 p.m. on Friday, October 30, 2009, with the voting times to be as follows: Monday, October 19 – Friday, October 23, 2009 ______ a.m. – ______p.m. Saturday, October 24, 2009 ______ a.m. – ______p.m. Sunday, October 25, 2009 ______ a.m. – ______p.m. Monday, October 26, 2009 – Friday, October 27, 2009 ______ a.m. – ______p.m. Section 10. The election materials enumerated in the Code shall be printed in both English and Spanish for use at the polling places and for early voting for the Election and provisions shall be made for oral assistance to Spanish-speaking voters. Section 11. The holding of the Election shall be in compliance with the Code except as modified by other applicable provisions of law. Town Council 87 of 208 Meeting Date: August 17, 2009 Section 12. The election officers shall make returns for the Election in the manner required by law, and the ballots that are properly marked in conformance with the provisions of the Code for votes cast both during the period of early voting and on the day of the Election shall be counted in the manner required by law. Section 13. Notice of the Election shall be given by posting a notice containing a substantial copy of this Ordinance in both English and Spanish at the Town Hall on the bulletin board used for posting notices of the meetings of the Town Council and at three (3) other public places within the Town not less than twenty-one (21) days prior to the date of the Election, and by publication of said notice on the same day in each of two (2) successive weeks in a newspaper of general circulation published within the Town, the date of the first publication to be not less than fourteen (14) days nor more than thirty (30) days prior to the date set for the Election. Section 14. The Mayor and the Town Secretary of the Town, in consultation with the Town Attorney and bond counsel, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code and the Federal Voting Rights Act in carrying out and conducting the Election, whether or not expressly authorized herein. Section 15. It is hereby declared to be the intent of the Town Council of the Town of Trophy Club that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the Town Council without incorporation of any such unconstitutional phrase, clause, sentence, paragraph, or section. Section 16. The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as required by the Town Charter. Section 17. This Ordinance shall take effect immediately upon adoption. Town Council 88 of 208 Meeting Date: August 17, 2009 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 17th day of August 2009. _____________________________ Mayor, Connie White 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 Town Council 89 of 208 Meeting Date: August 17, 2009 Signature Page for Order Calling Election US 35085v.1 PRESENTED, FINALLY PASSED AND APPROVED, AND EFFECTIVE on the _____ day of ___________, 2009, by a vote of ___ ayes and ___ nays at a regular meeting of the Town Council of the Town of Trophy Club ________________________________ _________________________, Mayor ATTEST: ________________________________ ____________________, Town Secretary [SEAL] APPROVED AS TO FORM: ____________________, Town Attorney By: __________________________ Town Council 90 of 208 Meeting Date: August 17, 2009 A-1 US 35085v.1 EXHIBIT A ELECTION DAY POLLING LOCATIONS FOR TUESDAY, NOVEMBER 3, 2009 BOND ELECTION (Polls shall be open from 7:00 a.m. to 7:00 p.m.) LOCATION PRECINCT NO. Town Council 91 of 208 Meeting Date: August 17, 2009 Denton County Elections Administration November 3, 2009 Constitutional Amendment Election Early Voting Locations Dates and Times Monday - Friday October 19 – 23 8:00a – 5:00p Monday – Wednesday October 26 – 28 8:00a – 5:00p Thursday – Friday October 29 – 30 7:00a – 7:00p Steven Everett Copeland Government Center Lewisville Municipal Annex 1400 FM 424, Cross Roads 1197 W. Main Street, Lewisville Justin Municipal Building Carrollton Public Library 415 N. College, Justin 4220 N. Josey, Carrollton Joseph A. Carroll Admin. Building Frankford Town Homes 401 W. Hickory, Denton 18110 Marsh Ln., Dallas North Texas State Fair Grounds – Fair Hall Flower Mound Police and Court Building 2217 N Carroll Blvd., Denton 4150 Kirkpatrick, Flower Mound Highland Village City Hall Lake Dallas City Hall 1000 Highland Village Rd., Highland Village 212 Main Street, Lake Dallas Friendship Baptist Church Sanger First Baptist Church 4396 Main, The Colony 708 S. 5th St., Sanger The following early voting sites will ONLY be open the dates and times listed: Frisco Lakes Amenities Center Monday – Wednesday October 26 – 28 8:00a – 5:00p 7277 Frisco Lakes Dr., Frisco Thursday – Friday October 29 – 30 7:00a – 7:00p Roanoke Community Center Monday – Tuesday October 19-20 1:00p – 5:00p 312 S. Walnut, Roanoke Thursday – Friday October 22-23 1:00p – 5:00p Monday – Tuesday October 26-27 1:00p – 5:00p Thursday – Friday October 29-30 1:00p – 5:00p Trophy Club MUD 100 Municipal Drive, Trophy Club Thursday – Friday October 29 – 30 7:00a – 7:00p Town Council 92 of 208 Meeting Date: August 17, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-315-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/7/2009 Town Council On agenda:Final action:8/17/2009 Title:Consider and take appropriate action regarding the creation of a Ways and Means Committee. Attachments: Action ByDate Action ResultVer. Town Council 93 of 208 Meeting Date: August 17, 2009 109-315-T Version:File #: Title Consider and take appropriate action regarding the creation of a Ways and Means Committee. Body Sponsored by Mayor White. With the new budgeting processes outlined in the charter revisions, it would be very useful to have a group set up to assist in developing - Processes and procedures - Financial Policies - Goals and objectives - Key Measures The group could assist and draft these and recommend to Council for approval. Council is responsible for final as always. Other responsibilities - Assist with the training and oversight of the implementation of Program/Performance Budgeting - Comparative Analysis with other cities - Review budget/spending - (Council does not always have the time or skill set to get thoroughly familiar, it would help to have someone to provide this insight.) Town Council 94 of 208 Meeting Date: August 17, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-317-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/7/2009 Town Council On agenda:Final action:8/17/2009 Title:Consider and take appropriate action regarding the First Modification of Contract for Water and Wastewater Operational Services. Attachments:First Modification of Contract for WWW Operational Services Action ByDate Action ResultVer. Town Council 95 of 208 Meeting Date: August 17, 2009 109-317-T Version:File #: Title Consider and take appropriate action regarding the First Modification of Contract for Water and Wastewater Operational Services. Body Approved by TCMUD1 on August 5, 2009. Town Council 96 of 208 Meeting Date: August 17, 2009 Town Council 97 of 208 Meeting Date: August 17, 2009 Town Council 98 of 208 Meeting Date: August 17, 2009 Town Council 99 of 208 Meeting Date: August 17, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-318-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/7/2009 Town Council On agenda:Final action:8/17/2009 Title:Consider and take appropriate action regaring the Second Modification of Contract for Water Supply and Wastewater Treatment. Attachments:Second Modification of Contract for Water Supply and Wastewater Treatment Action ByDate Action ResultVer. Town Council 100 of 208 Meeting Date: August 17, 2009 109-318-T Version:File #: Title Consider and take appropriate action regaring the Second Modification of Contract for Water Supply and Wastewater Treatment. Body Approved by TCMUD1 on August 5, 2009. Town Council 101 of 208 Meeting Date: August 17, 2009 Town Council 102 of 208 Meeting Date: August 17, 2009 Town Council 103 of 208 Meeting Date: August 17, 2009 Town Council 104 of 208 Meeting Date: August 17, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-319-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/7/2009 Town Council On agenda:Final action:8/17/2009 Title:Consider and take appropriate action regarding the First Amendment to 2008 Interlocal Cooperation Agreement for Fire Protection Services. Attachments:First Amendment to 2008 ICA for Fire Protection Services Action ByDate Action ResultVer. Town Council 105 of 208 Meeting Date: August 17, 2009 109-319-T Version:File #: Title Consider and take appropriate action regarding the First Amendment to 2008 Interlocal Cooperation Agreement for Fire Protection Services. Body Approved by TCMUD1 on August 5, 2009. Town Council 106 of 208 Meeting Date: August 17, 2009 Town Council 107 of 208 Meeting Date: August 17, 2009 Town Council 108 of 208 Meeting Date: August 17, 2009 Town Council 109 of 208 Meeting Date: August 17, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-321-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/7/2009 Town Council On agenda:Final action:8/17/2009 Title:Consider and take appropriate action regarding a Resolution, accepting a Service and Assessment Plan for authorized services (Emergency Services) for the Town Of Trophy Club Public Improvement District No. (The Highlands At Trophy Club); setting a new date for a public hearing; authorizing the publication of notice; enacting other related provisions; and providing an effective date. Attachments:Res. 2009- Accepting a SAP (Emer Serv)PID-SettingPH.pdf Action ByDate Action ResultVer. Town Council 110 of 208 Meeting Date: August 17, 2009 109-321-T Version:File #: Title Consider and take appropriate action regarding a Resolution, accepting a Service and Assessment Plan for authorized services (Emergency Services) for the Town Of Trophy Club Public ImprovementDistrict No. (The Highlands At Trophy Club); setting a new date for a public hearing; authorizing the publication of notice; enacting other related provisions; and providing an effective date. Body At the time of posting, Management had not yet received final copies of the Service and Assessment Plan from MuniCap. MuniCap advised that the Service and Assessment Plan will be available on Friday, August 14, 2009. Management will forward to Council upon receipt. The following are the procedures and time lines for the levying of assessments for emergency services. August 17, 2009 or August 24, 2009 Accept Draft Assessment Roll & Order Hearing ·The Town Secretary will publish notice of the governing body's intention to consider the proposed assessments at a public hearing in a newspaper of general circulation in the municipality or county before the 10th day before the date of the hearing. ·The notice will state: (1) the date, time, and place of the hearing; (2) the general nature of the improvement; (3) the cost of the improvement; (4) the boundaries of the assessment district; and (5) provide that written or oral objections will be considered at the hearing. ·When the assessment roll is filed, the Town secretary will mail a notice of hearing to the owners of property liable for assessment. The notice must contain the information required by law for the published notices and the Town Secretary will mail the notice to the last known address of the property owner. The failure of a property owner to receive notice does not invalidate the proceeding. Sep 16, 2009 Notice of Public Hearing Published Sep 28, 2009 Public Hearing Held; Ordinance providing for levy of Assessment ·The Town Council will hear and pass on any objection to the proposed assessment. The Town Council may amend a proposed assessment on any parcel. ·After all objections have been heard and the Council has passed on the objections, the governing body by ordinance or order shall levy the assessment as a special assessment on the property. The Town Council by ordinance will specify the method of payment of the assessment. The Town Council may provide that assessments be paid in periodic installments. Action by Council: Reviewof the Service and Assessment Plan and passage of the Resolution accepting the Service and Assessment Plan for Emergency Services and ordering the notices and public hearing for September 28, 2009. Town Council 111 of 208 Meeting Date: August 17, 2009 SERVICE AND ASSESSMENT PLAN FOR AUTHORIZED SERVICES (Will Be Provided Prior To Council Meeting) Town Council 112 of 208 Meeting Date: August 17, 2009 TOWN OF TROPHY CLUB NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT a public hearing will be conducted by the Town Council of the Town of Trophy Club, Texas on the 28th day of September, 2009 at 7:00 p.m. at the Svore Municipal Building at 100 Municipal Drive, Trophy Club, Denton County, Texas 76262. The public hearing will be held to consider proposed assessments to be levied against the assessable property within THE TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 (the “District”) pursuant to the provisions of Chapter 372 of the Texas Local Government Code, as amended. The general nature of the improvements is emergency services (the “Authorized Services”), including, without limitation, fire suppression and control, inspection services, arson investigations, hazardous material response, search and rescue, emergency recovery and extraction, pre-hospital medical stabilization or transportation of persons who are sick, injured, wounded, or otherwise incapacitated or helpless including basic life support ambulance services, advanced life support ambulance services, air ambulance services, and quick-response unit services provided by the Town. The total annual cost of the Authorized Services is approximately $_________ (to be determined). The boundaries of the District are described in Exhibit A attached hereto and made a part hereof for all purposes. All written or oral objections will be considered at the public hearing. A copy of the Service and Assessment Plan for Authorized Services and proposed Assessment Roll, which includes the assessments to be levied against each parcel in the District, is available for public inspection at the office of the Town Secretary, Town of Trophy Club, at 100 Municipal Drive, Trophy Club, Texas 76262. WITNESS MY HAND AND THE OFFICIAL SEAL OF THE TOWN, this 28th day of September, 2009. /s/ Lisa Hennek ___________________ Town Secretary Town of Trophy Club, Texas Town Council 113 of 208 Meeting Date: August 17, 2009 RESOLUTION NO. 2009 - ___ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS ACCEPTING A SERVICE AND ASSESSMENT PLAN FOR AUTHORIZED SERVICES FOR THE TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 (THE HIGHLANDS AT TROPHY CLUB); SETTING A DATE FOR A PUBLIC HEARING; AUTHORIZING THE PUBLICATION OF NOTICE; ENACTING OTHER PROVISIONS RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 16, 2007, the Town received a petition meeting the requirements of Sec. 372.005 of the Public Improvement District Assessment Act (the “Act”) requesting the creation of a public improvement district over a portion of the area of the Town to be known as The Town of Trophy Club Public Improvement District No. 1(the “District”); and WHEREAS, the petition contained the signatures of the owners of taxable property representing more than fifty percent of the appraised value of taxable real property liable for assessment within the District, as determined by the then current ad valorem tax rolls of the Denton Central Appraisal District and the signatures of property owners who own taxable real property that constitutes more than fifty percent of the area of all taxable property that is liable for assessment by the District; and WHEREAS, on May 7, 2007, after due notice, the Town Council of the Town (the “Town Council”) held the public hearing in the manner required by law on the advisability of the Improvement Projects and services described in the petition as required by Sec. 372.009 of the PID Act and made the findings required by Sec. 372.009(b) of the PID Act and, by Resolution No. 2008-08, adopted by a majority of the members of the Town Council, authorized the District in accordance with its finding as to the advisability of certain public improvement projects and services; and WHEREAS, on May 18, 2007, the Town published notice of its authorization of the District in the Trophy Club Times, a newspaper of general circulation in the Town; and WHEREAS, no written protests of the District from any owners of record of property within the District were filed with the Town Secretary within 20 days after May 18, 2007; and WHEREAS, on May 21, 2007, the Council adopted a resolution (the “Cost Resolution”) determining the total costs of the District improvements, directing the filing of a proposed assessment roll, and directing related action; and WHEREAS, pursuant to Sections 372.013 and 372.014 of the PID Act, the Town Council has directed the preparation of a Service and Assessment Plan for Authorized Services for the District (the “Plan”), such Plan is attached hereto as Exhibit B, covers a period of at least five years, and defines the annual indebtedness and the projected costs of the Authorized Services, as identified and defined in the Plan; and Town Council 114 of 208 Meeting Date: August 17, 2009 WHEREAS, the Plan includes an assessment plan that apportions the cost of the Authorized Services to be assessed against property in the District and such apportionment is made on the basis of special benefits accruing to the property because of the Authorized Services; and WHEREAS, after determining the total cost of the Authorized Services, the Town Council directed the preparation of an Assessment Roll that states the assessment against each parcel of land in the District and such Assessment Roll is attached to and a part of the Plan; and WHEREAS, the Town Council notes that the Plan and Assessment Roll may be amended with such changes as the Town Council deems appropriate before such Plan and Assessment Roll are adopted as final by the Town Council; and WHEREAS, the Town has determined to call a public hearing regarding the levy of assessments pursuant to the Plan and the Assessment Roll pursuant to Section 372.016 of the Act; and WHEREAS, the Town desires to publish notice of a public hearing to adopt the Plan and Assessment Roll in order to provide notice to all interested parties of the Town’s proposed levy of assessments against property in the District, pursuant to Section 372.016 of the Act; and WHEREAS, the Town desires to file the Plan and Assessment Roll with the Town Secretary such that they are available for public inspection pursuant to Section 372.016 of the Act; and NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: Section 1. Findings. The findings and determinations set forth in the preambles hereto are hereby incorporated by reference for all purposes. Section 2. Calling Public Hearing. The Town Council hereby calls a public hearing (the “Public Hearing”) for 7:00 p.m. on September 28th, 2009 at the regular meeting place of the Town Council of the Town of Trophy Club, Texas, Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, to consider approving the Plan, with such changes and amendments as the Town Council deems necessary, and the Assessment Roll with such amendments to the assessments on any parcel as the Town Council deems necessary. After all objections made at such hearing have been heard, the Town Council may (i) levy the assessments as special assessments against each parcel of property in the District as set forth in the proposed Plan and Assessment Roll; (ii) specify the method of payment of the assessment, and (iii) provide that assessments be paid in periodic installments. Notice of the hearing setting out the matters required by Section 372.016 of the Act shall be given by publication at least eleven (11) days before the date of the hearing, in a newspaper of general circulation in the Town. Notice of such hearing shall also be given by the mailing of a copy of the notice containing the information required by Section 372.016(b) of the Act at least eleven (11) days prior to the hearing to the current address of each owner of property liable for an assessment in the proposed Assessment Roll as reflected on the tax rolls of the Denton Town Council 115 of 208 Meeting Date: August 17, 2009 Central Appraisal District. All residents and property owners within the District, and all other persons, are hereby invited to appear in person, or by their attorney, and contend for or contest the Plan and the Assessment Roll, and the proposed assessments and offer testimony pertinent to any issue presented on the amount of the assessments, purpose of the assessments, special benefit of the assessments, and the costs of collection and the penalties and interest on delinquent assessments. At or on the adjournment of the hearing conducted pursuant to Section 372.016 on the proposed assessments, the Town Council must hear and pass on any objection to a proposed assessment. The Town Council may amend a proposed assessment on any parcel. The failure of a property owner to receive notice does not invalidate the proceeding. Section 3. Publication of Notice. The Town Council hereby directs Town Staff to cause the publication of notice of the Public Hearing substantially in the form attached as Exhibit A; such publication to occur before the 10th day before the date of the hearing. Section 4. Conduct of Public Hearing. The Town Council shall convene at the location and at the time specified in the notice described above for the public hearing and shall conduct the public hearing in connection with its approval of the Plan and the Assessment Roll and the levy of the proposed assessments, including costs of collection and penalties and interest on delinquent assessments. At such public hearing, the Town Council will hear and pass on any objections to the Plan and the Assessment Roll and the levy of the proposed assessments (which objections may be written or oral). At or on the adjournment of the hearing, Council may amend a proposed assessment on any parcel. After all objections, if any, have been heard and passed upon, the Town may (i) levy the assessments as special assessments against each parcel of property in the District as set forth in the Plan and Assessment Roll, (ii) specify the method of payment of the assessment, and (iii) provide that the assessments be paid in periodic installments. Section 5. Filing of Plans and Assessment Roll. The Plan and Assessment Roll shall be filed in the office of the Town Secretary and be made available to any member of the public who wishes to inspect the same. Section 6. Effective Date. This Resolution shall become effective upon its passage in accordance with law. PASSED AND APPROVED this 17th day of August, 2009. ________________________________ Connie White, Mayor ATTEST: ________________________________ Town Council 116 of 208 Meeting Date: August 17, 2009 Lisa Hennek, Town Secretary APPROVED AS TO FORM: ________________________________ Patricia A. Adams, Town Attorney Town Council 117 of 208 Meeting Date: August 17, 2009 EXHIBIT A TOWN OF TROPHY CLUB NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT a public hearing will be conducted by the Town Council of the Town of Trophy Club, Texas on the 28th day of September, 2009 at 7:00 p.m. at the Svore Municipal Building at 100 Municipal Drive, Trophy Club, Denton County, Texas 76262. The public hearing will be held to consider proposed assessments to be levied against the assessable property within THE TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 (the “District”) pursuant to the provisions of Chapter 372 of the Texas Local Government Code, as amended. The general nature of the improvements is emergency services (the “Authorized Services”), including, without limitation, fire suppression and control, inspection services, arson investigations, hazardous material response, search and rescue, emergency recovery and extraction, pre-hospital medical stabilization or transportation of persons who are sick, injured, wounded, or otherwise incapacitated or helpless including basic life support ambulance services, advanced life support ambulance services, air ambulance services, and quick-response unit services provided by the Town. The total annual cost of the Authorized Services is approximately $________ (to be determined). The boundaries of the District are described in Exhibit A attached hereto and made a part hereof for all purposes. All written or oral objections will be considered at the public hearing. A copy of the Service and Assessment Plan for Authorized Services and proposed Assessment Roll, which includes the assessments to be levied against each parcel in the District, is available for public inspection at the office of the Town Secretary, Town of Trophy Club, at 100 Municipal Drive, Trophy Club, Texas 76262. WITNESS MY HAND AND THE OFFICIAL SEAL OF THE TOWN, this 17th day of August, 2009. /s/ Lisa Hennek___________ Town Secretary Town of Trophy Club, Texas Town Council 118 of 208 Meeting Date: August 17, 2009 EXHIBIT A BOUNDARIES The District includes approximately 435 acres located within the corporate limits of the Town of Trophy Club, Denton County, Texas. The District is located at the northeast, southeast and southwest corners of the intersection of State Highway 78 and State Highway 205 and south of Farm to Market Road 2755 between County Road 483 and County Road 484. The District is more particularly described by metes and bounds available for inspection at Town Hall, 100 Municipal Drive, Trophy Club, Texas 76262. For more information call (682) 831-4600. SERVICE AND ASSESSMENT PLAN FOR AUTHORIZED SERVICES (Will Be Provided Prior To Council Meeting) Town Council 119 of 208 Meeting Date: August 17, 2009 TOWN OF TROPHY CLUB NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT a public hearing will be conducted by the Town Council of the Town of Trophy Club, Texas on the 28th day of September, 2009 at 7:00 p.m. at the Svore Municipal Building at 100 Municipal Drive, Trophy Club, Denton County, Texas 76262. The public hearing will be held to consider proposed assessments to be levied against the assessable property within THE TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 (the “District”) pursuant to the provisions of Chapter 372 of the Texas Local Government Code, as amended. The general nature of the improvements is emergency services (the “Authorized Services”), including, without limitation, fire suppression and control, inspection services, arson investigations, hazardous material response, search and rescue, emergency recovery and extraction, pre-hospital medical stabilization or transportation of persons who are sick, injured, wounded, or otherwise incapacitated or helpless including basic life support ambulance services, advanced life support ambulance services, air ambulance services, and quick-response unit services provided by the Town. The total annual cost of the Authorized Services is approximately $_________ (to be determined). The boundaries of the District are described in Exhibit A attached hereto and made a part hereof for all purposes. All written or oral objections will be considered at the public hearing. A copy of the Service and Assessment Plan for Authorized Services and proposed Assessment Roll, which includes the assessments to be levied against each parcel in the District, is available for public inspection at the office of the Town Secretary, Town of Trophy Club, at 100 Municipal Drive, Trophy Club, Texas 76262. WITNESS MY HAND AND THE OFFICIAL SEAL OF THE TOWN, this 28th day of September, 2009. /s/ Lisa Hennek ___________________ Town Secretary Town of Trophy Club, Texas Town Council 120 of 208 Meeting Date: August 17, 2009 RESOLUTION NO. 2009 - ___ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS ACCEPTING A SERVICE AND ASSESSMENT PLAN FOR AUTHORIZED SERVICES FOR THE TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 (THE HIGHLANDS AT TROPHY CLUB); SETTING A DATE FOR A PUBLIC HEARING; AUTHORIZING THE PUBLICATION OF NOTICE; ENACTING OTHER PROVISIONS RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 16, 2007, the Town received a petition meeting the requirements of Sec. 372.005 of the Public Improvement District Assessment Act (the “Act”) requesting the creation of a public improvement district over a portion of the area of the Town to be known as The Town of Trophy Club Public Improvement District No. 1(the “District”); and WHEREAS, the petition contained the signatures of the owners of taxable property representing more than fifty percent of the appraised value of taxable real property liable for assessment within the District, as determined by the then current ad valorem tax rolls of the Denton Central Appraisal District and the signatures of property owners who own taxable real property that constitutes more than fifty percent of the area of all taxable property that is liable for assessment by the District; and WHEREAS, on May 7, 2007, after due notice, the Town Council of the Town (the “Town Council”) held the public hearing in the manner required by law on the advisability of the Improvement Projects and services described in the petition as required by Sec. 372.009 of the PID Act and made the findings required by Sec. 372.009(b) of the PID Act and, by Resolution No. 2008-08, adopted by a majority of the members of the Town Council, authorized the District in accordance with its finding as to the advisability of certain public improvement projects and services; and WHEREAS, on May 18, 2007, the Town published notice of its authorization of the District in the Trophy Club Times, a newspaper of general circulation in the Town; and WHEREAS, no written protests of the District from any owners of record of property within the District were filed with the Town Secretary within 20 days after May 18, 2007; and WHEREAS, on May 21, 2007, the Council adopted a resolution (the “Cost Resolution”) determining the total costs of the District improvements, directing the filing of a proposed assessment roll, and directing related action; and WHEREAS, pursuant to Sections 372.013 and 372.014 of the PID Act, the Town Council has directed the preparation of a Service and Assessment Plan for Authorized Services for the District (the “Plan”), such Plan is attached hereto as Exhibit B, covers a period of at least five years, and defines the annual indebtedness and the projected costs of the Authorized Services, as identified and defined in the Plan; and Town Council 121 of 208 Meeting Date: August 17, 2009 WHEREAS, the Plan includes an assessment plan that apportions the cost of the Authorized Services to be assessed against property in the District and such apportionment is made on the basis of special benefits accruing to the property because of the Authorized Services; and WHEREAS, after determining the total cost of the Authorized Services, the Town Council directed the preparation of an Assessment Roll that states the assessment against each parcel of land in the District and such Assessment Roll is attached to and a part of the Plan; and WHEREAS, the Town Council notes that the Plan and Assessment Roll may be amended with such changes as the Town Council deems appropriate before such Plan and Assessment Roll are adopted as final by the Town Council; and WHEREAS, the Town has determined to call a public hearing regarding the levy of assessments pursuant to the Plan and the Assessment Roll pursuant to Section 372.016 of the Act; and WHEREAS, the Town desires to publish notice of a public hearing to adopt the Plan and Assessment Roll in order to provide notice to all interested parties of the Town’s proposed levy of assessments against property in the District, pursuant to Section 372.016 of the Act; and WHEREAS, the Town desires to file the Plan and Assessment Roll with the Town Secretary such that they are available for public inspection pursuant to Section 372.016 of the Act; and NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: Section 7. Findings. The findings and determinations set forth in the preambles hereto are hereby incorporated by reference for all purposes. Section 8. Calling Public Hearing. The Town Council hereby calls a public hearing (the “Public Hearing”) for 7:00 p.m. on September 28th, 2009 at the regular meeting place of the Town Council of the Town of Trophy Club, Texas, Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, to consider approving the Plan, with such changes and amendments as the Town Council deems necessary, and the Assessment Roll with such amendments to the assessments on any parcel as the Town Council deems necessary. After all objections made at such hearing have been heard, the Town Council may (i) levy the assessments as special assessments against each parcel of property in the District as set forth in the proposed Plan and Assessment Roll; (ii) specify the method of payment of the assessment, and (iii) provide that assessments be paid in periodic installments. Notice of the hearing setting out the matters required by Section 372.016 of the Act shall be given by publication at least eleven (11) days before the date of the hearing, in a newspaper of general circulation in the Town. Notice of such hearing shall also be given by the mailing of a copy of the notice containing the information required by Section 372.016(b) of the Act at least eleven (11) days prior to the hearing to the current address of each owner of property liable for an assessment in the proposed Assessment Roll as reflected on the tax rolls of the Denton Town Council 122 of 208 Meeting Date: August 17, 2009 Central Appraisal District. All residents and property owners within the District, and all other persons, are hereby invited to appear in person, or by their attorney, and contend for or contest the Plan and the Assessment Roll, and the proposed assessments and offer testimony pertinent to any issue presented on the amount of the assessments, purpose of the assessments, special benefit of the assessments, and the costs of collection and the penalties and interest on delinquent assessments. At or on the adjournment of the hearing conducted pursuant to Section 372.016 on the proposed assessments, the Town Council must hear and pass on any objection to a proposed assessment. The Town Council may amend a proposed assessment on any parcel. The failure of a property owner to receive notice does not invalidate the proceeding. Section 9. Publication of Notice. The Town Council hereby directs Town Staff to cause the publication of notice of the Public Hearing substantially in the form attached as Exhibit A; such publication to occur before the 10th day before the date of the hearing. Section 10. Conduct of Public Hearing. The Town Council shall convene at the location and at the time specified in the notice described above for the public hearing and shall conduct the public hearing in connection with its approval of the Plan and the Assessment Roll and the levy of the proposed assessments, including costs of collection and penalties and interest on delinquent assessments. At such public hearing, the Town Council will hear and pass on any objections to the Plan and the Assessment Roll and the levy of the proposed assessments (which objections may be written or oral). At or on the adjournment of the hearing, Council may amend a proposed assessment on any parcel. After all objections, if any, have been heard and passed upon, the Town may (i) levy the assessments as special assessments against each parcel of property in the District as set forth in the Plan and Assessment Roll, (ii) specify the method of payment of the assessment, and (iii) provide that the assessments be paid in periodic installments. Section 11. Filing of Plans and Assessment Roll. The Plan and Assessment Roll shall be filed in the office of the Town Secretary and be made available to any member of the public who wishes to inspect the same. Section 12. Effective Date. This Resolution shall become effective upon its passage in accordance with law. PASSED AND APPROVED this 17th day of August, 2009. ________________________________ Connie White, Mayor ATTEST: ________________________________ Town Council 123 of 208 Meeting Date: August 17, 2009 Lisa Hennek, Town Secretary APPROVED AS TO FORM: ________________________________ Patricia A. Adams, Town Attorney Town Council 124 of 208 Meeting Date: August 17, 2009 EXHIBIT A TOWN OF TROPHY CLUB NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT a public hearing will be conducted by the Town Council of the Town of Trophy Club, Texas on the 28th day of September, 2009 at 7:00 p.m. at the Svore Municipal Building at 100 Municipal Drive, Trophy Club, Denton County, Texas 76262. The public hearing will be held to consider proposed assessments to be levied against the assessable property within THE TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 (the “District”) pursuant to the provisions of Chapter 372 of the Texas Local Government Code, as amended. The general nature of the improvements is emergency services (the “Authorized Services”), including, without limitation, fire suppression and control, inspection services, arson investigations, hazardous material response, search and rescue, emergency recovery and extraction, pre-hospital medical stabilization or transportation of persons who are sick, injured, wounded, or otherwise incapacitated or helpless including basic life support ambulance services, advanced life support ambulance services, air ambulance services, and quick-response unit services provided by the Town. The total annual cost of the Authorized Services is approximately $________ (to be determined). The boundaries of the District are described in Exhibit A attached hereto and made a part hereof for all purposes. All written or oral objections will be considered at the public hearing. A copy of the Service and Assessment Plan for Authorized Services and proposed Assessment Roll, which includes the assessments to be levied against each parcel in the District, is available for public inspection at the office of the Town Secretary, Town of Trophy Club, at 100 Municipal Drive, Trophy Club, Texas 76262. WITNESS MY HAND AND THE OFFICIAL SEAL OF THE TOWN, this 17th day of August, 2009. /s/ Lisa Hennek___________ Town Secretary Town of Trophy Club, Texas Town Council 125 of 208 Meeting Date: August 17, 2009 EXHIBIT A BOUNDARIES The District includes approximately 435 acres located within the corporate limits of the Town of Trophy Club, Denton County, Texas. The District is located at the northeast, southeast and southwest corners of the intersection of State Highway 78 and State Highway 205 and south of Farm to Market Road 2755 between County Road 483 and County Road 484. The District is more particularly described by metes and bounds available for inspection at Town Hall, 100 Municipal Drive, Trophy Club, Texas 76262. For more information call (682) 831-4600. Town Council 126 of 208 Meeting Date: August 17, 2009 EXHIBIT B SERVICE AND ASSESSMENT PLAN FOR AUTHORIZED SERVICES (Will Be Provided Prior To Council Meeting) Town Council 127 of 208 Meeting Date: August 17, 2009 EXHIBIT B SERVICE AND ASSESSMENT PLAN FOR AUTHORIZED SERVICES (Will Be Provided Prior To Council Meeting) Town Council 128 of 208 Meeting Date: August 17, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-323-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/7/2009 Town Council On agenda:Final action:8/17/2009 Title:Consider and receive input regarding an Ordinance of the Town Council of the Town Of Trophy Club accepting and approving an update of the Service and Assessment Plan and Updated Assessment Roll for Town of Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club); adopting findings and other related provisions; and providing an effective date. Attachments:Ord. 2009- Service and Assessment Plan Assessment Roll-PID.pdf Action ByDate Action ResultVer. Town Council 129 of 208 Meeting Date: August 17, 2009 109-323-T Version:File #: Title Consider and receive input regarding an Ordinance of the Town Council of the Town Of Trophy Club accepting and approvingan update of the Service and Assessment Plan and Updated Assessment Roll for Town of Trophy Club Public ImprovementDistrict No. 1 (The Highlands at Trophy Club); adopting findings and other related provisions; and providing an effective date. Explanation: This ordinance covers the annual update required for assessments on the PID bonds. The annual update required for assessments on emergency services is completed separately. Lila Marsh and Julie Partain with Vinson & Elkins, LLP confirmed that this item does not require a public hearing, so the only action for Council is to approve the Ordinance. The Service and Assessment Plan for Emergency Services is scheduled for the September 28, 2009 Council meeting. The updated Service and Assessment Plan is placed on this Agenda only for Council's review and discussion. At the time of posting, Management had not yet received the final copy of the Service and Assessment Plan from MuniCap. MuniCap advised that the Service and Assessment will be available on Friday, August 14, 2009. Management will forward to Council upon receipt. Town Council 130 of 208 Meeting Date: August 17, 2009 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2009 - ___ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB ACCEPTING AND APPROVING AN UPDATE OF THE SERVICE AND ASSESSMENT PLAN FOR AUTHORIZED SERVICES AND AN UPDATED ASSESSMENT ROLL FOR THE TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 (“PID”); MAKING AND ADOPTING FINDINGS; ACCEPTING AND APPROVING THE ANNUAL SERVICE PLAN UPDATE AND UPDATED ASSESSMENT ROLL FOR THE PID, ATTACHED AS AN EXHIBIT HERETO; REQUIRING COMPLIANCE WITH CHAPTER 372; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING SEVERABILITY, PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 7, 2007, after due notice, the Town Council of the Town (the “Town Council”) held the public hearing in the manner required by law on the advisability of the public improvements and services described in the petition as required by Sec. 372.009 of the PID Act and made the findings required by Sec. 372.009(b) of the PID Act and, by Resolution No. 2007-08 adopted by a majority of the members of the Town Council, authorized the District in accordance with its finding as to the advisability of the public improvements and services; and WHEREAS, on November 5, 2007, after notice and a public hearing conducted in the manner require by law, the Town Council adopted Ordinance No. 2007-29 (the “Assessment Ordinance”) approving a Service and Assessment Plan and Assessment Roll and the levy of assessments on property in the District; WHEREAS, on December 13, 2007, the Town Council issued bonds secured directly and indirectly, respectively, by the assessments levied pursuant to the Assessment Ordinance; WHEREAS, Section 372.013 of the Public Improvement District Assessment Act, Chapter 372, Texas Local Government Code (the “PID Act”) and the Service and Assessment Plan require that the Service and Assessment Plan and Assessment Roll be annually reviewed and updated; Town Council 131 of 208 Meeting Date: August 17, 2009 WHEREAS, the Annual Service Plan Update and updated Assessment Roll attached as Exhibit A hereto conform the original Assessment Roll to the principal and interest payment schedule required for the bonds, thereby reducing the amounts listed on the original Assessment Roll, and update the Assessment Roll to reflect prepayments, property divisions and changes to the budget allocation for District public improvements that occur during the year, if any; and WHEREAS, the Town Council now desires to proceed with the adoption of this Ordinance which supplements the Assessment Ordinance and approves and adopts the Annual Service Plan Update and the Updated Assessment Roll attached thereto, in conformity with the requirements of the PID Act, for the fiscal year beginning October 1, 2009, and ending September 30, 2010. . NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. Incorporation of Findings The findings and determinations set forth in the preambles above are incorporated herein for all purposes and are hereby adopted. Section 2. Annual Service Plan Update and Updated Assessment Roll The Annual Service Plan Update and Updated Assessment Roll attached hereto as Exhibit “A” are hereby accepted and approved and compliance with the PID Act in all matters is required. Section 3. Cumulative Repealer That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and effect. Section 4. Severability If any provision, section, subsection, sentence, clause, or phrase of this Ordinance, or the application of same to any person or set of circumstances is for Town Council 132 of 208 Meeting Date: August 17, 2009 any reason held to be unconstitutional, void, or invalid, the validity of the remaining portions of this Ordinance or the application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the Town Council that no portion hereof, or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness, or invalidity of any other portion hereof, and all provisions of this Ordinance are declared to be severable for that purpose. Section 5. Engrossment and Enrollment The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town as required in the Town Charter. Section 6. Effective Date This Ordinance shall take effect, and the levy of the Assessments, and the provisions and terms of the Plan shall be and become effective on upon passage and execution hereof in accordance with the law. ADOPTED, PASSED, and APPROVED by the Town Council, by a vote of ___ members voting “for” and ___ members voting “against” and with _____ absentees, on this 28th day of September, 2009. Town of Trophy Club _______________________________ Connie White, Mayor Attest: _______________________________ Lisa Ramsey, Town Secretary Approved as to Form: _______________________________ Patricia A. Adams, Town Attorney Town Council 133 of 208 Meeting Date: August 17, 2009 EXHIBIT “A” ANNUAL SERVICE PLAN UPDATE AND UPDATED ASSESSMENT ROLL Town Council 134 of 208 Meeting Date: August 17, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-312-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/7/2009 Town Council On agenda:Final action:8/17/2009 Title:Consider and receive input regarding an Ordinance establishing and implementing a process for Hotel inspections by adopting a new Article III "Hotel Inspections", of Chapter 6 "Health and Sanitation", of the Code of Ordinances of the Town. Attachments:Ord 2009- Hotel Regulations for backup.pdf Action ByDate Action ResultVer. Town Council 135 of 208 Meeting Date: August 17, 2009 109-312-T Version:File #: Title Consider and receive input regarding an Ordinance establishing and implementing a process for Hotel inspections by adopting a new Article III "Hotel Inspections", of Chapter 6 "Health and Sanitation", of the Code of Ordinances of the Town. Body Management is continuing to research and revise the proposed Ordinance. Attached is a draft copy that staff will continue to work on over the next several weeks. Staff seeks Council's review and input. Management recommends this item be included to the August 24, 2009 Special Session Agenda for action. Town Council 136 of 208 Meeting Date: August 17, 2009 TOWN OF TROPHY CLUB, TEXAS ORDINANCE 2009- AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB BY AMENDING CHAPTER 6, ENTITLED “HEALTH AND SANITATION” TO ADD ARTICLE III, ENTITLED “HOTEL REGULATIONS”, PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR THE ADOPTION OF ARTICLE III OF CHAPTER 6 PROVIDING HOTEL REGULATIONS; PROVIDING FOR THE ADOPTION OF STATE REGULATIONS; PROVIDING DEFINITIONS; PROVIDING A HOTEL PERMIT REQUIREMENT; PROVIDING HOTEL PERMIT ISSUED; BY PROVIDING HOTEL PERMIT DENIAL APPEAL PROCESS; BY PROVIDING HOTEL PERMIT REVOCATION; BY PROVIDING HOTEL PERMIT REVOCATION APPEAL TO DISTRICT COURT; BY PROVIDING GENERAL PREMISES REQUIREMENTS; BY PROVIDING GUEST REGISTRATION REQUIREMENT; BY PROVIDING LIMITATION ON CONTINUOUS AND CUMULATIVE OCCUPANCY; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Town of Trophy Club, Texas, is a home rule Town acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution, and Chapter 9 of the Local Government Code; and WHEREAS, Chapter 341 of the Texas Health and Safety Code (the "Code") establishes minimum standards of sanitation and health protection within certain industries; and WHEREAS, Section 341.066 of the Code establishes minimum health and sanitation standards for tourist courts, hotels, inns, and rooming houses; and WHEREAS, Section 341.081 of the Code and Section 51.072 of the Local Government Code permit a home-rule municipality to enact equivalent or more stringent standards than those set forth in Chapter 341 of the Code; and WHEREAS, the Town Council desires to amend Chapter 6 of the Town Code of Ordinances by adopting a new article requiring a Hotel Permit for all hotels (as defined Town Council 137 of 208 Meeting Date: August 17, 2009 herein) operated in the Town of Trophy Club and to enact more stringent standards than those set forth in Chapter 341 of the Code for the purpose of promoting the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES All of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2. AMENDMENTS 2.01 Chapter 6, Entitled “Heath and Sanitation, is hereby amended to adopt a new Article III, “Hotel Regulations” to read in their entirety as follows: SECTION 1.01 DEFINITIONS For the purpose of this Article, the following terms, words, and derivations shall have the meaning given, unless the context clearly indicates or requires a different meaning: Bathroom: An enclosed space or spaces containing one or more toilets, lavatories, bathtubs, showers, or any combination of fixtures serving similar purposes. Building Codes: National Electric Code, International Building Code, International Fire Code, International Mechanical Code, International Plumbing Code, and International Fuel Gas and Energy Conservation Code adopted by the Town of Trophy Club which was in effect at the time of construction of the building in question. Dangerous Building: Shall have the same meaning prescribed by Chapter 3, entitled “Buildings and Construction” of Article 12, entitled “Standards for the Repair, Removal or Demolition of Dangerous or Substandard Buildings” of the Town of Trophy Club Code of Ordinances, as now existing or hereafter amended. Designated Town Official ("DTO"): The Town Manager's designee or delegated staff or duly authorized representative of the Town. This term shall include, but is not limited to Code Enforcement Officers, Building Inspector, Fire Inspector, Health Officer, employee of Department of Community Development and other authorized departments of the Town. Health-Care Facility: Any institution that provides medical, surgical, and overnight Town Council 138 of 208 Meeting Date: August 17, 2009 facilities for patients, including, but not limited to, hospitals, clinics, physical therapy facilities, doctor's offices, dentist's offices, nursing homes, adult care facilities, convalescent homes and residential treatment centers/homes. Hotel: Any hotel, motel, lodging house, rooming house, tourist court or inn in the Town having six (6) or more rooms where transient guests are fed or lodged for pay. This term shall not include any halfway house or Health-Care Facility located within the Town. Hotel Room or Room(s): The portion of the Hotel which may be used by a guest as a temporary residence, including single rooms and suites. Let or Let for Occupancy: To permit, provide or offer possession or occupancy of a Hotel Room, dwelling unit, rooming unit, building, premise or structure by a person who is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license. Manager: Any person who manages the business operations of any Hotel, whose duties may include the collection of rental charges, issuing of keys, direction of maintenance personnel, assigning of rooms to guests, handling guest affairs, or overseeing security. Operator: Any person who is the proprietor of any Hotel whether in the capacity of the owner, lessee, receiver, sub-lessee, franchisee, mortgagee in possession, manager or agent of any of the aforementioned, who offers or accepts payment for rooms, guestrooms, sleeping accommodations, or board and lodging, and retains the right of access to, and control oft the dwelling units or Room(s). Owner: Any person, agent, operator, firm, or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; .or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. Person: A natural person, his heirs, executors, administrators, or assigns, and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid. Plumbing- Gas pipes, fuel supply lines, toilets, lavatories, sinks, laundry tubs, catch basins, wash basins, bathtubs, shower baths, waste sewer pipes and sewage systems, septic tanks, drains, vents, traps, and any other fuel-burning or water-using fixtures and appliances, private fire hydrants, and all connections to water, waste, sewer, or gas pipes. Substandard Building: A building which, by reason of faulty construction, age, or lack of maintenance or repair, fails to meet the minimum property standards imposed by applicable provisions of the state and local regulations, including without limitation, the Town’s ordinances regulating buildings and the International Property Maintenance Code, as amended. Town Council 139 of 208 Meeting Date: August 17, 2009 Town: Town of Trophy Club. SECTION 1.02 HOTEL PERMIT REQUIRED A. It shall be unlawful to operate a hotel without a Hotel Permit. The application shall be submitted with the Hotel Permit fee. The Hotel Permit fee shall be seventy-five dollars ($75.00) plus ten dollars ($10.00) per guest room, or as otherwise set forth in the Town’s Fee Ordinance. B. An application for an annual Hotel Permit shall be filed with the Community Development Department on a yearly basis by the owner or operator of each hotel. The initial deadline to submit an application shall be within 45 days of passage of this Ordinance. The Hotel Permit shall be issued or denied within 60 days of receipt of the completed application. This initial Hotel Permit shall be effective until December 31, 2009 unless revoked earlier. The initial application fee will be prorated based on the number of months remaining before the December 31st, expiration of the Hotel Permit. Applications thereafter shall be submitted prior to December 31st each year, or if this date falls on a Saturday or Sunday, on the next business day. All subsequent Hotel Permits shall be effective until December 31st of the following year. In the event that a new Hotel applies for a Hotel Permit during the year (after the December 31st application deadline of the preceding year), the Hotel Permit shall be issued or denied within 60 days and the Hotel Permit shall be effective until December 31st of the subsequent year. The application fee will be prorated based on the number of months remaining before the December 31st expiration of the Hotel Permit. Any subsequent Hotel Permit shall be applied for in accordance with the December 31st deadline above. C. The application for a Hotel Permit hereunder shall constitute the consent of the applicant and owner to an inspection of the entire permitted premises at reasonable times by the DTO for the purposes of determining whether there is any violation on the permitted premises, or the premises sought to be permitted, of any ordinance of the Town of Trophy Club or any law of the State of Texas. Continued maintenance of a Hotel and compliance with all requirements of this Article are conditions that are necessary to retain a Hotel Permit and to obtain any renewal of a Hotel Permit. D. A Hotel Permit shall not be transferable or assignable from one person, firm, partnership, corporation or entity to another person, firm, partnership, corporation or entity. E. Whenever a change in the Operator or Owner occurs at an existing hotel, the new Operator or Owner shall apply for a Hotel Permit within ten business days after closing on the sale of the property. Town Council 140 of 208 Meeting Date: August 17, 2009 F. An Operator shall display the Hotel Permit in an open and conspicuous public place in the lobby at or near the check-in desk. G. Failure to obtain a Hotel Permit or maintain a Hotel Permit at all times may result in revocation of the hotel's Certificate of Occupancy H. Once the Hotel Permit is obtained, the DTO may routinely inspect: (1) The exterior of the structures and all of the common grounds of all Hotels; (2) Any or all unoccupied Hotel Rooms, and for any and all occupied Hotel Rooms, inspection may occur only with permission of the occupant; (3) Any or all storage areas, community buildings, swimming pools, athletic facilities, club rooms, equipment rooms, and all other portions of the facility; and/or (4) Any portion or portions of the Hotel upon receipt of a complaint from any person or upon notification of any condition of noncompliance with either State law or this Article reasonably believed to exist upon the premises of the Hotel and reported to the DTO by a Town employee. In the event the DTO is denied entry, that denial is a violation of this Article and the DTO may use the resources provided by law to gain entry. The DTO, upon presentation of proper identification to the occupant in charge of any hotel room, may enter, with the occupant's permission, any Hotel Room; provided, however, that in cases of emergency where extreme hazards are known to exist which involve imminent injury to person, loss of life, or severe property damage, the DTO may, after presentation of proper identification enter a Hotel Room at any time. Whenever the DTO is denied entry to inspect any premises under this provision he may use the resources provided by law to gain entry. I. If the DTO finds that a Hotel does not pass an inspection, all necessary corrections shall be made and the Hotel Owner, Operator or Manager shall request a reinspection. When a Hotel reinspection is requested, a reinspection fee will be assessed for each reinspection until corrections are made and compliance is achieved. The reinspection fee for each reinspection shall be one hundred dollars ($100.00) plus ten dollars ($10.00) for each guest room determined to be in violation. SECTION 1.03 HOTEL PERMIT ISSUED A. The Department of Community Development shall approve the issuance of a Hotel Permit to an applicant within sixty (60) days after receipt of an application, unless Town Council 141 of 208 Meeting Date: August 17, 2009 the Department finds one (1) or more of the following to be true: (1) The applicant failed to supply all of the information requested on the application; (2) The applicant gave false, fraudulent or untruthful information on the application; (3) The Hotel Permit, inspection, or reinspection fees required by this Article have not been paid; (4) The Hotel Owner, Operator, or Manager has failed to submit the required Hotel Occupancy Tax in accordance with Chapter 15, entitled ‘Taxation, Article 1, entitled “Hotel/Motel Occupancy Tax” of the Town of Trophy Club Code of Ordinances, as now or hereafter amended; (5) The Hotel as constructed or as proposed to be operated by the applicant does not comply with all applicable federal, state, and local laws including, but not limited to, applicable building, zoning, housing, fire, safety, and health regulations and codes and all provisions of this Article. B. The Owner or Operator may appeal the DTO's decision in accordance with this Article. 1.04 HOTEL PERMIT DENIAL APPEAL PROCESS A. Filing Appeal. Any Owner or Operator of a Hotel that has been denied a Hotel Permit by the DTO may appeal such denial to the Town Council. The Owner or Operator must file an appeal at the office of the DTO containing the following: (1) A caption reading: "Appeal of Denial for a Hotel Permit", giving the names of all appellants participating in the appeal; (2) A brief statement setting forth the legal interest of each of the appellants; (3) A brief statement in ordinary and concise language of that action protested, together with any material facts claimed to support the contentions of the appellant; (4) A brief statement in ordinary and concise language of the relief sought and reasons why it is claimed the denial should be reversed; (5) The signatures of all parties named as appellants and their official mailing addresses; (6) The verification (by declaration under penalty or perjury) of at least one Town Council 142 of 208 Meeting Date: August 17, 2009 appellant as to the truth of the matters stated in the appeal; and (7) All documents that are relied upon for the appeal. The appeal must be filed within twenty (20) calendar days from the denial by the DTO. B. Processing of Appeal. Upon receipt of an appeal, the DTO shall present it at the next available regular meeting of the Town Council for which Texas Open Meetings Act requirements may be met and for which the notice requirements set forth in this Article may be met. (1) Notice of hearing. (a) Notice of the hearing before the Council shall be delivered to the Owner and Operator as listed on the application, and all lien holders and mortgagees that can be discovered with a reasonably diligent search of the instruments on file in the office of the County Clerk of the County where the property is located. (b) Notice shall be by one of the following methods at least 15 calendar days prior to the hearing: i. Personal service; ii. Certified mail, return receipt requested, and regular mail. Notice shall be sufficient if the return receipt is returned; or unsigned for any reason, and the regular mail is not returned; or iii. If the Owner, Operator, mortgagees, or lien holders of interest in the property cannot be located, by publication in a newspaper of general circulation in the Town. (2) Contents of notice. The notice of hearing shall contain the following: (a) The street address or a legal description of the property that is the subject of the appeal; (b) The place, date, and time of the hearing; (c) A brief summary of the action of the DTO related to the property that is the subject of the appeal; and (d) A statement that the appellants will be required to submit proof at the hearing of the basis for their contention that the denial of the permit was in error. C. Hearing by the Town Council. Town Council 143 of 208 Meeting Date: August 17, 2009 (1) The DTO shall present to the Council evidence of the property condition, the codes violated, the extent of danger or hazard to health/safety and welfare, and all other evidence that supports denial of the permit. (2) The appellant has the burden of proof to present evidence on relevant issues including the scope of any work that may be required to comply with Town ordinances and the time it will reasonably take to perform the work. (3) Any party may examine or cross-examine any witness before the Council. Strict rules of evidence or procedure are not required, but the Council has the authority to enforce strict decorum and may cause the removal of anyone who causes a disruption. D. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. E. Enforcement action related to the denial of a Hotel Permit shall be stayed during the pendency of an appeal properly and timely filed in accordance with this Article. F. After hearing evidence from any interested party the Council may uphold, reverse, or modify the denial of the Hotel Permit. SECTION 1.05 HOTEL PERMIT REVOCATION A. Upon recommendation of the DTO and after notice and hearing in accordance with this Article, a Hotel Permit may be revoked by the Town Council upon good cause shown that the operation of the Hotel is such that it is or has negatively impacted the health, safety and/or welfare of its guests or the neighboring community based upon the existence or occurrence of repeated violations of state or local law, including without limitation this Article. A Hotel Permit may be revoked if the DTO determines the hotel Owner, Operator or Manager has failed to submit the required Hotel Occupancy tax in accordance with Chapter 15, entitled ‘Taxation, Article 1, entitled “Hotel/Motel Occupancy Tax” of the Town of Trophy Club Code of Ordinances, as now or hereafter amended. B. If the DTO determines that a Hotel Permit should be revoked, the DTO shall file a written notice of Revocation Request with the Town and containing the following information, and shall provide a copy of such written request to the Permit holder as set forth herein: (1) A caption reading: "Revocation of a Hotel Permit," giving the names and addresses of owners and operators (as shown on the most recent permit application) and the physical address of the hotel. (2) A brief statement in ordinary and concise language of why the permit should Town Council 144 of 208 Meeting Date: August 17, 2009 be revoked together with any material facts claimed to support the contentions of the DTO. (3) The signature of the DTO and his official mailing address. C. Processing of Revocation. The DTO shall present the Revocation Request at the next regular or special meeting of the Town Council, after for which Texas Open Meetings Act requirements may be met and for which the notice requirements set forth in this Article may be met. D. Scheduling and Noticing for Revocation Hearing. (1) Notice of hearing. (a) Notice of the hearing before the Council shall be delivered to the Owner, Operator, and all lien holders or mortgagee that can be discovered with a reasonably diligent search of the instruments on file in the office of the County Clerk of the County where the property is located. (b) Notice shall be by one of the following methods at least 15 calendar days prior to the hearing: i. Personal service; or ii. Certified mail, return receipt requested, and regular mail. Notice shall be sufficient if the return receipt is returned; or unsigned for any reason, and the regular mail is not returned; or iii. If the Owner, Operator, mortgagee or lien holder(s) of interest in the property cannot be located, then by publication in a newspaper of general circulation in the Town. (2) Contents of notice. The notice of hearing shall contain the following: (a) The street address or a legal description of the property that is the subject of the action; (b) The place, date, and time of the hearing; (c) A brief summary of the action of the DTO related to the property that is the subject of the action; and (d) A statement that the Owner, Operator, mortgagee or lien holder(s) of interest in the property will be required to submit proof at the hearing of the basis for their contention that the Request for Revocation should be denied. E. Hearing before Town Council. Town Council 145 of 208 Meeting Date: August 17, 2009 (1) The DTO shall present evidence to the Council of the condition of the property, the codes violated, the extent of danger or hazard to health, safety and welfare, and all other evidence that supports the request for the permit revocation. (2) The Owner, Operator, mortgagee or lien holder(s) of interest in the property may present evidence on relevant issues at the hearing. (3) Any party may examine or cross-examine any witness before the Council. Strict rules of evidence or procedure are not required, but the Council has the authority to enforce strict decorum and may cause the removal of anyone who causes a disruption. F. Enforcement action related to the revocation of a Hotel Permit shall be stayed during the pendency of a revocation hearing and decision by Town Council. G. Findings and orders of the Council. After hearing evidence from any interested party the Council may: (1) Revoke the Hotel Permit; (2) Deny the DTO's request to revoke the Hotel Permit; or (3) Require specific action by the hotel operator as a condition of keeping the Hotel Permit in effect. H. Upon final decision revoking the Hotel Permit by the Town Council, the DTO shall post on the hotel premises a copy or copies of the revocation of the Hotel Permit of the Hotel. The notice shall be sent by certified mail and regular to the Owner, Operator, mortgagee and lien holder(s) of interest indicating the decision of the Town Council. I. A posted notice of the revocation of the Hotel Permit may only be removed by an authorized DTO. Any removal, covering, defacing, altering or tampering by unauthorized person(s) is prohibited and shall be a violation of this Article. J. Whenever a Hotel Permit has been revoked by the Town, the Operator and/or Owner of the Hotel for which the Hotel Permit was issued shall surrender such permit to the Town. The operation of the Hotel shall cease upon the effective date specified in the Town Council’s order of revocation. Section 1.06 Hotel Permit Revocation Appeal To District Court A. Upon receipt of written notice of the denial or revocation of a Hotel Permit by the Town Council, the Owner or Operator whose application for a Hotel Permit has Town Council 146 of 208 Meeting Date: August 17, 2009 been denied or whose Hotel Permit has been revoked shall have the right to appeal by filing suit in district court within thirty (30) calendar days after the receipt of notice of the final decision. The filing of such suit shall have the effect of staying denial or revocation for the Hotel Permit at such location, pending a judicial determination of the appeal. The Town may grant a provisional Permit upon the filing by the Owner or Operator of a court action to appeal the denial of a Hotel Permit; no provisional Permit shall be granted for a hotel that has been deemed to be a substandard building or a dangerous building. Written notice of the refusal of a provisional Permit and the basis for the denial shall be provided by the Town Secretary within ten (10) calendar days of service of the court action upon the Town. Section 1.07 General Premises Requirements A. The Hotel premises, including without limitation all common interior areas and all exterior areas, and all Hotel Rooms shall comply with all state law and Town ordinances, including without limitation, Town of Trophy Club Building Codes and the requirements imposed by this Article. B. Hotels and accessory structures shall be constructed in accordance with all applicable Codes of the Town, including without limitation the duly adopted Building Code and Zoning Ordinance of the Town. Roofs, floors, walls, foundations and all other structural components of Hotels and accessory structures shall be capable of resisting any and all forces and loads to which they may be subjected. C. Protection of Materials. All wood shall be protected against termite damage and decay as provided in the Code of Ordinances of the Town. D. Ventilation in Guest Rooms. All guest rooms shall be provided with either natural ventilation or mechanical ventilation that meet or exceed the following criteria: (1) Natural Ventilation. All guest Rooms shall be provided with natural ventilation by means of screened exterior openings which are capable of being opened. Such openings shall have an area of not less than one- twentieth (1/20) of the floor area of the guest room rooms with a minimum of five (5) square feet; or (2) Mechanical Ventilation. If a mechanical ventilation system is provided in lieu of natural ventilation the ventilation system shall be capable of providing two (2) air changes per hour in all guest rooms and in public corridors. One- fifth (1/5) of the air supply shall be taken from outside of the hotel. E. Ventilation in Other Areas. In bathrooms, water closet compartments, laundry rooms and similar rooms a mechanical ventilation system connected directly to the outside, capable of providing five (5) air changes per hour, shall be provided. F. Bathroom Requirement. Conditions and Cleanliness. All bathroom fixtures (e.g. Town Council 147 of 208 Meeting Date: August 17, 2009 toilet, bathtub, sink, shower, and mirror) shall be maintained without cracks, chips, or stains. Floors shall be washed with water and a sanitizer at change of occupancy or at least once a week when occupancy does not change. Daily cleaning schedules shall be maintained in the manager's office. (1) Every guest room shall be provided with a bathroom equipped with facilities consisting of at least a toilet, a sink, and either a bathtub or a shower; or (2) Where private water closets, lavatories and baths are not provided, there shall be provided a bathroom on each floor consisting of at least one toilet, sink, and either a bathtub or shower accessible from a public hall way, for each sex. Additional bathrooms consisting of the above required minimum facilities, shall be provided on each floor for each sex at the rate of one (1) for every additional ten (10) guests or fractional number thereof in G. Room Separation. Every water closet, bathtub or shower required by this code shall be installed in a Room which will afford privacy to the occupant. A Room in which a water closet is located shall be separated from food preparation or storage rooms by a tight-fitting, self-closing door. H. Plumbing Requirements. All plumbing fixtures shall be connected to a sanitary sewer or to an approved private sewage disposal system. All plumbing fixtures shall be connected to an approved system of water supply and provided with hot and cold running water necessary for its normal operation. All plumbing fixtures shall be of an approved glazed earthenware type, stainless steel, or of a similarly nonabsorbent material. Wooden sinks or sinks of similarly absorbent material shall not be permitted. I. Installation and Maintenance. All sanitary facilities shall be installed and maintained in safe and sanitary condition and in accordance with all applicable laws. The owner or operator shall ensure that water service is provided at all times. It is an affirmative defense to this section that it is impossible to provide water services because of an act of God. J. Water Heating Equipment. The owner or manager shall provide and maintain water heating equipment and facilities for every guest room which shall be connected with water lines if municipal water service is located within one hundred (100) feet of the property and which shall be capable of heating water to such a temperature as to permit at all times an adequate supply of hot water to be drawn at every sink, lavatory basin, and bathtub or shower at a temperature of not less than one hundred ten (110) degrees Fahrenheit. K. Egress Required. In all lodging establishments, the owner shall provide a safe and unobstructed means of egress leading to safe and open space at ground level. When an unsafe condition exists through lack of, or improper location of exits, the Building Official, Health Inspector, or Fire Inspector, or their designee may require Town Council 148 of 208 Meeting Date: August 17, 2009 the owner to install additional exits. L. Heating Facilities Required. Every guest room shall be equipped with heating facilities which are capable of safely and adequately heating all habitable rooms to a temperature of at least sixty-eight (68) degrees Fahrenheit at a distance of three (3) feet above floor level which are operable whenever necessary to maintain said temperature. M. Heating Appliance Requirements. Where fuel burning appliances are installed and properly vented, said appliances shall be rigidly connected to their fuel supply outlets and securely installed to avoid accidental displacement. Heating appliances which are connected to their fuel supply lines and which are not connected to exhaust vents that will safely exhaust carbon monoxide fumes to the outdoors are prohibited. No person shall replace an existing appliance without a permit issued by the Community Development Department and without allowing the work to be inspected by a Community Development Department staff member if a permit for that work is required. N. Carpet Condition/Cleanliness. Carpeting shall be free of stains, holes, rips or odors in excess of normal wear and tear, and maintained in a sanitary, non- defective condition. O. Floor Condition/Cleanliness. Non-carpeted floor surfaces shall be made of nonabsorbent material. All surfaces and tile grouting shall be maintained without cracks, rips or missing elements. P. Wall Condition/Cleanliness. Wall and ceiling surfaces shall be maintained without spots, stains, flakes, chips, holes. etc., and be maintained in a clean and sanitary condition. Q. Mold/Mildew. All surfaces, including carpeting and flooring, and fixtures shall be free from mold and mildew. R. Electrical Equipment. For the purpose of this Article, electrical equipment shall include furniture items installed by the property owner, operator or property manager, including televisions, lamps, etc. All electrical items must be properly maintained and be in operable condition. S. Furniture Condition. All furniture items shall be maintained in proper working condition, without defects, chips, holes, etc. T. Shades, draperies or blinds shall be appropriately hung to cover all windows and appropriate light fixtures. All shades, draperies, blinds, shall be free of stains, holes, rips or odors in excess of normal wear and tear, and be maintained in a sanitary, non-defective condition. Town Council 149 of 208 Meeting Date: August 17, 2009 U. Sanitation. All hotel rooms shall be thoroughly cleaned and provided with clean and sanitary sheets, towels and pillowcases upon a change of occupancy, or at least once a week when occupancy does not change. Daily cleaning schedules shall be maintained in the manager’s office. V. Windows. All windows designed to be opened shall be operable and have an operable window security or locking device. All windows panes shall be properly maintained and not broken. W. Door locks. All rooms are required to be outfitted with exterior electronic/magnetic locks for guests to gain access to their rooms or by locks that meet with the approval of the DTO. All locks must comply with state and local laws. X. Security bars. If any security bars are installed over windows or doors the bars must be equipped with approved release mechanisms which are operable from inside without the use of a key, card, or combination. The release mechanisms for such bars must not require any special knowledge or effort to operate. Y. Wells. All wells, cesspools, and cisterns shall be securely covered or securely closed. Z. Sidewalks. etc. All sidewalks, ramps, bridges, parking lots, stairs and steps shall be properly maintained AA. Fences. All fences and screening fences shall be properly maintained and in compliance with all applicable ordinances BB. Parking Lots. All parking lots shall be properly maintained. All parking markings and fire lane markings shall be legible and maintained in accordance with applicable laws. An owner or operator shall ensure that guests do not use parking lots or hotel premises for the storage of heavy load, tractor trailers, or heavy equipment. CC. Insect Treatment Required. All hotel premises shall be treated for insects at least once a year by an exterminator licensed by the state. DD. Rodent, Insects, and Vermin. All Hotel premises shall be maintained so that they are free from rodents, insects, and vermin and free from conditions that encourage or harbor rodents, insects, and vermin. EE. Storage Rooms. No more than 10 percent of guest rooms may be used for storage room purposes. A minimum of 90 percent of all guest rooms must be available or in use for occupancy at all times. Section 1.08 Guest Registration Requirement Town Council 150 of 208 Meeting Date: August 17, 2009 A. Each Owner, Operator, or Manager shall cause to be maintained a complete register for each person to whom any Room at a Hotel is let. The register shall be made available to the DTO upon request and shall contain the following information for guests of the hotel: (1) Correct name and permanent address, designating street and number, city, state and country; (2) Actual dates of occupancy indicating check-in-time, checkout time and room number; and (3) Number of individuals staying in the room. B. Register records shall be maintained for a period of two (2) years for each person who lets any Room at a Hotel. Section 1.09 Limitation On Continuous And Cumulative Occupancy A. The sleeping accommodations of a Hotel shall be let only for the use of transient occupants and shall not be occupied under any permanent basis, and no such occupant shall be deemed to be a resident of the hotel. B. It shall be unlawful for a hotel to let or otherwise provide any room therein to any person for more than 365 days. C. For the purposes of this ordinance, hotel rooms may be rented to guests for periods greater than 30 days (extended-stay); however, no more than five percent (5%) of the total number of guestrooms in a hotel may be so designated as extended-stay. Extended-stay units or rooms, once designated, must remain as such, and records verifying rooms rented and/or available as extended-stay (including but not limited to the required register records) must be made available to inspection staff at their request. It shall be unlawful for any hotel owner, operator, or property manager to let a room that is not designated as extended stay to any person for longer than thirty (30) days. D. It shall be unlawful for the Owner, Operator, or Manager to allow registration under a different name in order to avoid the continuous and cumulative occupancy provision defined in this Article. Section 1.10 Enforcement A. Each violation of this Article shall constitute a separate offense. B. A Person commits an offense if he recklessly violates any provision of this Article. C. The DTO is authorized to enforce the provisions of this Article in any manner Town Council 151 of 208 Meeting Date: August 17, 2009 authorized by law, including without limitation, through the issuance of a citation for violations hereof. D. Any condition which is reasonably believed to be imminently dangerous to the life, limb, health or safety of the occupants of the property or to the public, upon reasonable notice provided to the Owner, Operator or Manager or other responsible person, may be immediately abated by the DTO. E. Actions that may be taken by the DTO to abate an imminently dangerous condition existing upon the premises of a Hotel include, but are not limited to, repair or removal of the condition creating the danger and/or the taking of action reasonably necessary to restrict the Hotel or any portion thereof upon which a dangerous condition exists from use or occupancy. . An imminently dangerous condition is one that violates this Article or any other state or local laws or ordinances affecting the health, safety and welfare of the occupants of the Hotel to such an extent that the continuation of such condition is reasonably believed by the DTO to create an immediate threat of harm to the health, safety and welfare of occupants of the Hotel. In the event use or occupancy is restricted, the Owner, Operator or the Manager shall discontinue the use or occupancy of the Hotel at the locations identified in, and for the time prescribed by the DTO in the written notice provided to the Owner, Operator, or Manager. The Owner or Operator may appeal such action by the DTO by utilizing the process outlined in Section 1.05 of this Article relative to the denial of a hotel permit by the DTO. F. If the Owner, Operator or Manager of the property denies the DTO entry onto the Hotel premises and/or access to Rooms or other areas in which the DTO has probable cause to believe there exists a condition constituting an imminently dangerous condition in violation of this Article, , the DTO may seek a court order and/or inspection and abatement warrant from a court of competent· jurisdiction to authorize entry upon the Hotel premises and the immediate abatement of all imminently dangerous conditions. G. All costs for abatement actions performed by, or on behalf of the Town, shall be recoverable by the Town. H. Costs incurred by the Town in the enforcement of the provisions of this Article may be charged against the Hotel and attached as a lien on which the work is done or improvements made, and/or may be charged to the Owner or Operator of the Hotel. The Town may use all methods allowed by law to collect costs due hereunder. I. A Hotel that does not comply with the provisions of this Article shall constitute a public nuisance. Section 1.11 Penalty Any person recklessly violating any of the provisions of this Ordinance shall be deemed Town Council 152 of 208 Meeting Date: August 17, 2009 guilty of a Class C misdemeanor upon conviction and shall be fined, except as otherwise provided herein, in a sum not to exceed two thousand dollars ($2,000.00) for each offense, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. If the governing body of the Town of Trophy Club determines that a violation of this Article creates a threat to the public safety, the Town may bring suit in the District Court to enjoin such violation as allowed by law. SECTION 3. SAVINGS That all rights and remedies of the Town of Trophy Club are expressly saved to any and all violations of the provisions of any Ordinance affecting Hotel Regulations which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 4. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 5. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 6. PUBLICATION Town Council 153 of 208 Meeting Date: August 17, 2009 The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 7. 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 8. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as required by the Town Charter and state law. SECTION 9. EFFECTIVE DATE That this Ordinance shall be in full force and 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 24th day of August, 2009. Mayor, Connie White Town of Trophy Club, Texas [SEAL] ATTEST: Lisa Hennek, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Town Council 154 of 208 Meeting Date: August 17, 2009 Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town Council 155 of 208 Meeting Date: August 17, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-313-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/7/2009 Town Council On agenda:Final action:8/17/2009 Title:Consider and recieve input regarding an Ordinance reordering numbers and letters in the Town Charter as a result of Charter amendments adopted at the May, 2009 election. Attachments:Ord. 2009- Renumbering Charter Amendments Example 1.pdf Ord. 2009- Renumbering Charter Amendments Example 2.pdf Ord. 2009- Renumbering Charter Amendments Example 3.pdf Action ByDate Action ResultVer. Town Council 156 of 208 Meeting Date: August 17, 2009 109-313-T Version:File #: Title Consider and recieve input regarding an Ordinance reordering numbers and letters in the Town Charter as a result of Charter amendments adopted at the May, 2009 election. Body This item was discussed at Council's August 3, 2009 meeting . At that meeting, two examples were providedfor Council's review;Example 1 was a clean copy without redline and Example 2 was a redline document using strike throughand bold to show changes. Council requested that Legal clarify the Editor’s notes. Attached are all three Examples. Managementwould like final input from Council and recommends this item be included to the August 24, 2009 Special Session Agenda for action. Town Council 157 of 208 Meeting Date: August 17, 2009 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2009-___ (Example 1) AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REORDERING NUMBERS AND LETTERS IN THE CHARTER AS A RESULT OF CHARTER AMENDMENTS ADOPTED AT THE MAY, 2009 ELECTION; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR ENGROSSMENT, ENROLLMENT, AND CERTIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, at a Special Election held in accordance with Ordinance 2009-07, within the Town of Trophy Club, Texas, on the 9th day of May, 2009, more than a majority of the duly qualified resident electors of the Town of Trophy Club, voting in the Special Election, voted in favor of the approval and adoption of a various amendments to the Home Rule Charter for the Town of Trophy Club, Texas; and WHEREAS, on the 18th day of May, 2009, the Town Council of the Town of Trophy Club adopted Ordinance 2009-12 canvassing the returns of the Special Election and declaring that the Charter had been so amended in accordance with the official results of the Special Election and the Order of the Special Election, and thereby approved and adopted amendments to the Home-Rule Charter of the Town of Trophy Club; and WHEREAS, section 11.12 of the Town’s Home Rule Charter authorizes the Town Council to enact an ordinance to renumber and rearrange all articles, sections and paragraphs of the Charter and amendments to the Charter as determined appropriate by Council provided that there is no change to the meaning or effect of any part of the Charter; and WHEREAS, it deemed to serve the best interests of the Town of Trophy Club and its residents that the Town Council adopt this Ordinance reordering numbers and letters within the Charter to accommodate the newly adopted amendments to the Charter, and Council has determined that such reordering does not change the meaning of the Charter amendments or effect of any part thereof. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated into the body of this Ordinance and made a part hereof for all purposes. Town Council 158 of 208 Meeting Date: August 17, 2009 SECTION 2. ADOPTION OF AMENDMENTS The following Sections of the Charter are reordered to reflect new number and/or letter designations as follows: 2.01 Section 3.06 shall be renumbered and reordered so that Article III of the Charter entitled “The Council” includes Section 3.06 and Section 3.06A which shall be and read in their entirety as follows: 3.06 Mayor The Mayor shall preside over the meetings of the Council, and perform such other duties consistent with the office as may be imposed upon him by this Charter and by ordinances and resolutions passed in pursuance thereof. He may participate in the discussion of all matters coming before the Council and he shall have a vote on all matters before the Council. He shall sign after authorization by the Council, all contracts, conveyances made or entered into by the Town, all bonds, warrants and any other obligations issued under the provisions of this Charter, in the manner prescribed in the ordinance authorizing the signing of any such obligation. He shall be recognized as the official head of the Town by the courts for the purpose of serving civil process, by the Governor for the purpose of enforcing military law and for all ceremonial purposes. 05-09-09-1, (Amended Section 3.06), Ord. 2009-12- Prop #9 Editor’s Note: Ref 3.06 and 3.06A. The 2009 election ballot language did not allow for the integration of two propositions into one section. For clarification, each proposition is shown under Section 3.06 and 3.06A. 3.06A Mayor The Mayor shall preside over the meetings of the Council, and perform such other duties consistent with the office as may be imposed upon him by this Charter and by ordinances and resolutions passed in pursuance thereof. He may participate in the discussion of all matters coming before the Council and in case of a tie vote, he shall have a casting vote. He shall sign, after authorization by the Council, all contracts, conveyances made or entered into by the Town, all bonds, warrants and any other obligations issued under the provisions of this Charter, in the manner prescribed in the ordinance authorizing the signing of any such obligation. He shall present an annual state of the Town message, which shall include setting out needs and goals for the Town. He shall be recognized as the official head of the Town by the courts for the purpose of serving civil process, by the Governor for the purpose of enforcing military law and for all ceremonial purposes. 05-09-09-1, (Amended Section 3.06 and creating 3.06 A), Ord. 2009-12- Prop #19 Editor’s Note: Ref 3.06 and 3.06A. The 2009 election ballot language did not allow for the integration of two propositions into one section. For clarification, each proposition is shown under Section 3.06 and 3.06A. Town Council 159 of 208 Meeting Date: August 17, 2009 2.02 Section 5.01 shall be renumbered and reordered so that Article V of the Charter entitled “Nominations and Elections” includes a new Subsection (h) as adopted at the May 9, 2009 election pursuant to Proposition No. 13 which in part amended Section 5.01(e) of the Charter. The newly added Section 5.01(h) shall be and read in its entirety as follows: (h) Except as specifically provided in this section, in the case of a tie vote as between two (2) or more candidates, a special election shall be called by the Council in accordance with the Texas Election Code. If the tie does not prevent the filling of the vacancies then the special election shall not be required. Renumbered (e) to (h) 07-20-09___ Ord. ______Amended 05-09-09-1, Ord. 2009-12-Prop #13 Editor’s Note: Ref 5.01 (e) and 5.01(h). The 2009 election ballot language did not allow for the integration of two propositions into one section. 2.03 Section 6.01 shall be renumbered and reordered so that Article VI of the Charter entitled “Recall” includes Section 6.01 and Section 6.01A, (a),(b), and (c) which shall be and read in their entirety as follows: 6.01 Scope of Recall Any elected Town official shall be subject to recall and removal from office by the qualified voters of the Town on grounds of incompetency, misconduct, malfeasance in office or who knowingly or intentionally violates any provision of the Charter. 05-09-09-1, (Amended Section 6.01), Ord. 2009-12- Prop #14 Editor’s Note: Ref 6.01 and 6.01A. The 2009 election ballot language did not allow for the integration of two propositions into one section. For clarification, each proposition is shown under Section 6.01 and 6.01A. 6.01A Scope of Recall Any elected Town official, whether elected to office by the qualified voters of the Town or appointed by the Council to fill a vacancy, shall be subject to recall and removal from office by the qualified voters of the Town on any one or more of the following grounds: incompetency, misconduct, malfeasance in office or who knowingly or intentionally violates any provision of the Charter. In this section: (a) “Incompetency” means (a) gross ignorance of official duties; or (b) gross carelessness in the discharge of official duties; or (c) inability or unfitness to promptly and properly discharge official duties because of a serious mental or physical defect that did not exist at the time of the officer’s election. The term is used in a sense that the Town official has exceeded his or her authority by defying or overruling lawful actions done by the Town Council. (b) “Official misconduct” means intentional unlawful behavior relating to official duties Town Council 160 of 208 Meeting Date: August 17, 2009 by a Town Official entrusted with the administration of justice or the execution of the law. The term includes an intentional or corrupt failure, refusal, or neglect of a Town Official to perform a duty imposed on the officer by law. (c) “Malfeasance” means the doing of an act by a Town Official through ignorance, inattention, or malice, which act the official had no legal right or authority to do, or which act exceeds or abuses the official’s rightful authority or powers; or the failure to do an act which the Town Official had a legal duty to do. 05-09-09-1, (Amended Section 6.01 and creating 6.01A), Ord. 2009-12- Prop 14 Editor’s Note: Ref 6.01 and 6.01A. The 2009 election ballot language did not allow for the integration of two propositions into one section. For clarification, each proposition is shown under Section 6.01 and 6.01A. SECTION 3. ENGROSSMENT, ENROLLMENT, AND CERTIFICATION The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as specified by the Home Rule Charter and Chapter 9 of the Texas Local Government Code. Further, a copy of this Ordinance shall be certified by the Town Secretary and the Mayor and shall be forwarded to the Secretary of State for filing as required by Section 11.12 of the Home Rule Charter of the Town of Trophy Club and Chapter 9 of the Texas Local Government Code. SECTION 4. 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 24th day of August, 2009. Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Town Council 161 of 208 Meeting Date: August 17, 2009 Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Town Attorney Town of Trophy Club, Texas Town Council 162 of 208 Meeting Date: August 17, 2009 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2009-____(Example 2) AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REORDERING NUMBERS AND LETTERS IN THE CHARTER AS A RESULT OF CHARTER AMENDMENTS ADOPTED AT THE MAY, 2009 ELECTION; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR ENGROSSMENT, ENROLLMENT, AND CERTIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, at a Special Election held in accordance with Ordinance 2009-07, within the Town of Trophy Club, Texas, on the 9th day of May, 2009, more than a majority of the duly qualified resident electors of the Town of Trophy Club, voting in the Special Election, voted in favor of the approval and adoption of a various amendments to the Home Rule Charter for the Town of Trophy Club, Texas; and WHEREAS, on the 18th day of May, 2009, the Town Council of the Town of Trophy Club adopted Ordinance 2009-12 canvassing the returns of the Special Election and declaring that the Charter had been so amended in accordance with the official results of the Special Election and the Order of the Special Election, and thereby approved and adopted amendments to the Home-Rule Charter of the Town of Trophy Club; and WHEREAS, section 11.12 of the Town’s Home Rule Charter authorizes the Town Council to enact an ordinance to renumber and rearrange all articles, sections and paragraphs of the Charter and amendments to the Charter as determined appropriate by Council provided that there is no change to the meaning or effect of any part of the Charter; and WHEREAS, it deemed to serve the best interests of the Town of Trophy Club and its residents that the Town Council adopt this Ordinance reordering numbers and letters within the Charter to accommodate the newly adopted amendments to the Charter, and Council has determined that such reordering does not change the meaning of the Charter amendments or effect of any part thereof; and WHEREAS, the ballot language in Ordinance 2009-07 did not allow for the integration of two propositions into one Charter section. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES Town Council 163 of 208 Meeting Date: August 17, 2009 The above and foregoing premises are true and correct and are incorporated into the body of this Ordinance and made a part hereof for all purposes. SECTION 2. ADOPTION OF AMENDMENTS The following Sections of the Charter are reordered to reflect new number and/or letter designations as follows: 2.01 Section 3.06 shall be renumbered and reordered so that Article III of the Charter entitled “The Council” includes Section 3.06 and Section 3.06A which shall be and read in their entirety as follows: 3.06 Mayor The Mayor shall preside over the meetings of the Council, and perform such other duties consistent with the office as may be imposed upon him by this Charter and by ordinances and resolutions passed in pursuance thereof. He may participate in the discussion of all matters coming before the Council and in case of a tie vote, he shall have a casting vote he shall have a vote on all matters before the Council. He shall sign after authorization by the Council, all contracts, conveyances made or entered into by the Town, all bonds, warrants and any other obligations issued under the provisions of this Charter, in the manner prescribed in the ordinance authorizing the signing of any such obligation. He shall be recognized as the official head of the Town by the courts for the purpose of serving civil process, by the Governor for the purpose of enforcing military law and for all ceremonial purposes. 05-09-09-1, (Amended Section 3.06), Ord. 2009-7/12- Prop #9 Editor’s Note: Ref 3.06 and 3.06A. The 2009 election ballot language did not allow for the integration of two propositions into one section. For clarification, each proposition is shown with adopted verbiage in bold and strike through language. 3.06 A Mayor The Mayor shall preside over the meetings of the Council, and perform such other duties consistent with the office as may be imposed upon him by this Charter and by ordinances and resolutions passed in pursuance thereof. He may participate in the discussion of all matters coming before the Council and in case of a tie vote, he shall have a casting vote. He shall sign, after authorization by the Council, all contracts, conveyances made or entered into by the Town, all bonds, warrants and any other obligations issued under the provisions of this Charter, in the manner prescribed in the ordinance authorizing the signing of any such obligation. He shall present an annual state of the Town message, which shall include setting out needs and goals for the Town. He shall be recognized as the official head of the Town by the courts for the purpose of serving civil process, by the Governor for the purpose of enforcing military law and for all ceremonial purposes. Town Council 164 of 208 Meeting Date: August 17, 2009 05-09-09-1, (Amended Section 3.06), Ord. 2009-7/12- Prop #19 Editor’s Note: Ref 3.06 and 3.06A. The 2009 election ballot language did not allow for the integration of two propositions into one section. For clarification, each proposition is shown with adopted verbiage in bold and strike through language. 2.02 Section 5.01 shall be renumbered and reordered so that Article V of the Charter entitled “Nominations and Elections” includes a new Subsection (h) as adopted at the May 9, 2009 election pursuant to Proposition No. 13 which in part amended Section 5.01(e) of the Charter. The newly added Section 5.01(h) shall be and read in its entirety as follows: (e) (e) Except as specifically provided in this section, in the case of a tie vote as between two (2) or more candidates, a special election shall be called by Council. The Council shall order a special election not less than thirty (30) days nor more than forty (40) days after the regular election to resolve the tie vote as between such candidates. If the tie does not prevent the filling of the vacancies then the special election shall not be required. (e) The candidate for Mayor who receives a majority of all votes cast for all the candidates for such office at the election shall be declared elected. (f) The candidate for election to each Place on the Council, who receives a majority of all votes cast for all the candidates for such Place at the election, shall be declared elected. (g) In the event any candidate for an office fails to receive a majority of all votes cast for all the candidates for such office at such election, the Town Council shall, upon completion of the official canvass of the ballots, issue a call for a runoff election to be held within thirty (30) days following the issuance of such call, or in accordance with the Texas Election Code. The two (2) candidates receiving the highest number of votes (or three (3) persons in case of tie for second place) for any such office in the first election shall be placed upon the ballot to be voted on in such runoff election; and, in case of a tie vote in the runoff election or in the first election if there are only two (2) candidates, as to the two (2) candidates, the Council shall order subsequent elections in the same manner as the runoff election until the tie vote between the two (2) candidates has been resolved. Amended 05-09-09-1, Sub-Sections (a-e and adding f and g) Ord. 2009-12-Prop #4 Editor’s Note: Ref 5.01 (e) and 5.01(h). The 2009 election ballot language did not allow for the integration of two propositions into one section. For clarification, each proposition is shown with adopted verbiage in bold and strike through language. (h) Except as specifically provided in this section, in the case of a tie vote as between two (2) or more candidates, a special election shall be called by the Council in accordance with the Texas Election Code. Council. The Council shall order a special election not less than thirty (30) days nor more than forty (40) days after the regular election to resolve the tie vote as between such candidates. If the tie does not prevent the filling of the vacancies then the special election shall not be required. Renumbered (e) to (h) 07-20-09___ Ord. ______Amended 05-09-09-1, Ord. 2009-7/12- Prop #13 Editor’s Note: Ref 5.01 (e) and 5.01(h). The 2009 election ballot language did not allow for the integration of two propositions into one section. For clarification, each proposition is shown with adopted verbiage in bold and strike through language. 2.03 Section 6.01 shall be renumbered and reordered so that Article VI of the Charter entitled “Recall” includes Section 6.01 and Section 6.01A, (a),(b), and (c) which shall be and read in their entirety as follows: Town Council 165 of 208 Meeting Date: August 17, 2009 6.01 Scope of Recall Any elected Town official, whether elected to office by the qualified voters of the Town or appointed by the council to fill a vacancy, shall be subject to recall and removal from office by the qualified voters of the Town on grounds of incompetency, misconduct, malfeasance in office or who knowingly or intentionally violates any provision of the Charter. Amended 05-09-09-1, Ord. 2009-7/12-Prop #4 Editor’s Note: Ref 6.01 and 6.01 A. The 2009 election ballot language did not allow for the integration of two propositions into one section. For clarification, each proposition is shown with adopted verbiage in bold and strike through language. 6.01A Scope of Recall Any elected Town official, whether elected to office by the qualified voters of the Town or appointed by the Council to fill a vacancy, shall be subject to recall and removal from office by the qualified voters of the Town on any one or more of the following grounds: incompetency, misconduct, malfeasance in office or who knowingly or intentionally violates any provision of the Charter. In this section: (a) “Incompetency” means (a) gross ignorance of official duties; or (b) gross carelessness in the discharge of official duties; or (c) inability or unfitness to promptly and properly discharge official duties because of a serious mental or physical defect that did not exist at the time of the officer’s election. The term is used in a sense that the Town official has exceeded his or her authority by defying or overruling lawful actions done by the Town Council. (b) “Official misconduct” means intentional unlawful behavior relating to official duties by a Town Official entrusted with the administration of justice or the execution of the law. The term includes an intentional or corrupt failure, refusal, or neglect of a Town Official to perform a duty imposed on the officer by law. (c) “Malfeasance” means the doing of an act by a Town Official through ignorance, inattention, or malice, which act the official had no legal right or authority to do, or which act exceeds or abuses the official’s rightful authority or powers; or the failure to do an act which the Town Official had a legal duty to do. Renumbered (a), (b), and (c) 07-20-09___ Ord. ______Amended 05-09-09-1, Ord.2009-7/12-Prop #14 Editor’s Note: Ref 6.01 and 6.01 A. The 2009 election ballot language did not allow for the integration of two propositions into one section. For clarification, each proposition is shown with adopted verbiage in bold and strike through language. SECTION 3. Town Council 166 of 208 Meeting Date: August 17, 2009 ENGROSSMENT, ENROLLMENT, AND CERTIFICATION The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as specified by the Home Rule Charter and Chapter 9 of the Texas Local Government Code. Further, a copy of this Ordinance shall be certified by the Town Secretary and the Mayor and shall be forwarded to the Secretary of State for filing as required by Section 11.12 of the Home Rule Charter of the Town of Trophy Club and Chapter 9 of the Texas Local Government Code. SECTION 4. 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 24th day of August, 2009. Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Town Attorney Town of Trophy Club, Texas Formatted Table Town Council 167 of 208 Meeting Date: August 17, 2009 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2009-____(Example 3) AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REORDERING NUMBERS AND LETTERS IN THE CHARTER AS A RESULT OF CHARTER AMENDMENTS ADOPTED AT THE MAY, 2009 ELECTION; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR ENGROSSMENT, ENROLLMENT, AND CERTIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, at a Special Election held IAW Ordinance 2009-07 within the Town of Trophy Club, Texas, on the 9th day of May, 2009, more than a majority of the duly qualified resident electors of the Town of Trophy Club, voting in the Special Election, voted in favor of the approval and adoption of a various amendments to the Home Rule Charter for the Town of Trophy Club, Texas; and WHEREAS, on the 18th day of May, 2009, the Town Council of the Town of Trophy Club adopted Ordinance 2009-12 canvassing the returns of the Special Election and declaring that the Charter had been so amended in accordance with the official results of the Special Election and the Order of the Special Election, and thereby approved and adopted amendments to the Home-Rule Charter of the Town of Trophy Club; and WHEREAS, section 11.12 of the Town’s Home Rule Charter authorizes the Town Council to enact an ordinance to renumber and rearrange all articles, sections and paragraphs of the Charter and amendments to the Charter as determined appropriate by Council provided that there is no change to the meaning or effect of any part of the Charter; and WHEREAS, it deemed to serve the best interests of the Town of Trophy Club and its residents that the Town Council adopt this Ordinance reordering numbers and letters within the Charter to accommodate the newly adopted amendments to the Charter, and Council has determined that such reordering does not change the meaning of the Charter amendments or effect of any part thereof ; and WHEREAS, the ballot language in Ordinance 2009-07 did not allow for the integration of two propositions into one Charter section. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated into the body of this Ordinance and made a part hereof for all purposes. SECTION 2. ADOPTION OF AMENDMENTS The following Sections of the Charter are reordered to reflect new number and/or letter designations as follows: 2.01 Section 3.06 shall be renumbered and reordered so that Article III of the Charter entitled “The Council” includes Section 3.06 and Section 3.06A which shall be and read in their entirety as follows: 3.06 Mayor The Mayor shall preside over the meetings of the Council, and perform such other duties consistent with the office as may be imposed upon him by this Charter and by ordinances and resolutions passed Town Council 168 of 208 Meeting Date: August 17, 2009 in pursuance thereof. He may participate in the discussion of all matters coming before the Council and he shall have a vote on all matters before the Council. He shall sign after authorization by the Council, all contracts, conveyances made or entered into by the Town, all bonds, warrants and any other obligations issued under the provisions of this Charter, in the manner prescribed in the ordinance authorizing the signing of any such obligation. He shall be recognized as the official head of the Town by the courts for the purpose of serving civil process, by the Governor for the purpose of enforcing military law and for all ceremonial purposes. Amended 05-09-09-1, Ord. 2009-7/12-Prop #9 Editor’s Note: Ref 3.06 and 3.06A. The 2009 election ballot language did not allow for the integration of two propositions into one section. For clarification, proposition #9 made the following change: second sentence, following the “and”, deleted “in case of a tie vote, he shall have a casting vote” and added “he shall have a vote on all matters before the Council.” 3.06A Mayor The Mayor shall preside over the meetings of the Council, and perform such other duties consistent with the office as may be imposed upon him by this Charter and by ordinances and resolutions passed in pursuance thereof. He may participate in the discussion of all matters coming before the Council and in case of a tie vote, he shall have a casting vote. He shall sign, after authorization by the Council, all contracts, conveyances made or entered into by the Town, all bonds, warrants and any other obligations issued under the provisions of this Charter, in the manner prescribed in the ordinance authorizing the signing of any such obligation. He shall present an annual state of the Town message, which shall include setting out needs and goals for the Town. He shall be recognized as the official head of the Town by the courts for the purpose of serving civil process, by the Governor for the purpose of enforcing military law and for all ceremonial purposes. Amended 05-09-09-1, Ord. 2009-7/12-Prop #19 Editor’s Note: Ref 3.06 and 3.06 A. The 2009 election ballot language did not allow for the integration of two propositions into one section. For clarification, proposition#19 made the following change: Following the third sentence, added “He shall present an annual state of the Town message, which shall include setting out needs and goals for the Town.” 2.02 Section 5.01 shall be renumbered and reordered so that Article V of the Charter entitled “Nominations and Elections” includes a new Subsection (h) as adopted at the May 9, 2009 election pursuant to Proposition No. 13 which in part amended Section 5.01(e) of the Charter. The newly added Section 5.01(e-h) shall be and read in its entirety as follows: 5.01 Elections (e) The candidate for Mayor who receives a majority of all votes cast for all the candidates for such office at the election shall be declared elected. (f) The candidate for election to each Place on the Council, who receives a majority of all votes cast for all the candidates for such Place at the election, shall be declared elected. (g) In the event any candidate for an office fails to receive a majority of all votes cast for all the candidates for such office at such election, the Town Council shall, upon completion of the official canvass of the ballots, issue a call for a runoff election to be held within thirty (30) days following the issuance of such call, or in accordance with the Texas Election Code. The two (2) candidates receiving the highest number of votes (or three (3) persons in case of tie for second place) for any such office in the first election shall be placed upon the ballot to be voted on in such runoff election; and, in case of a tie vote in the runoff election or in the first election if there are only two (2) candidates, as to the two (2) candidates, the Council shall order subsequent elections in the same manner as the runoff election until the tie vote between the two (2) candidates has been resolved. (See Editors Note 1 below) (h) Except as specifically provided in this section, in the case of a tie vote as between two (2) or more candidates, a special election shall be called by the Council in accordance with the Texas Election Code. If the tie does not prevent the filling of the vacancies then the special election shall not be required. (See Editor’s Note 2 below) Town Council 169 of 208 Meeting Date: August 17, 2009 Amended 05-09-09-1, Sub-Sections (a-e and added f and g) Ord. 2009-7/12-Prop #4 Editor’s Note 1: Ref 5.01 (e) and 5.01(h). The 2009 election ballot language did not allow for the integration of two propositions into one section. For clarification, proposition #4 made the following changes: Deleted the original 5.01 (e) which read “Except as specifically provided in this section, in the case of a tie vote as between two (2) or more candidates, a special election shall be called by Council. The Council shall order a special election not less than thirty (30) days nor more than forty (40) days after the regular election to resolve the tie vote as between such candidates. If the tie does not prevent the filling of the vacancies then the special election shall not be required.”; Added subsections “(e) The candidate for Mayor who receives a majority of all votes cast for all the candidates for such office at the election shall be declared elected. (f) The candidate for election to each Place on the Council, who receives a majority of all votes cast for all the candidates for such Place at the election, shall be declared elected. (g) In the event any candidate for an office fails to receive a majority of all votes cast for all the candidates for such office at such election, the Town Council shall, upon completion of the official canvass of the ballots, issue a call for a runoff election to be held within thirty (30) days following the issuance of such call, or in accordance with the Texas Election Code. The two (2) candidates receiving the highest number of votes (or three (3) persons in case of tie for second place) for any such office in the first election shall be placed upon the ballot to be voted on in such runoff election; and, in case of a tie vote in the runoff election or in the first election if there are only two (2) candidates, as to the two (2) candidates, the Council shall order subsequent elections in the same manner as the runoff election until the tie vote between the two (2) candidates has been resolved.” Renumbered 5.01 (e) to 5.01 (h) 07-18-09___ Ord. ______Amended 05-09-09-1, Ord. 2009-7/12- Prop #13 Editor’s Note2: Ref 5.01 (e) and 5.01(h). The 2009 election ballot language did not allow for the integration of two propositions into one section. For clarification, proposition #13 made the following changes: First sentence, following the word “by” deleted the word “Council” at the end of the sentence and following the word “by” added “the Council in accordance with the Texas Election Code.”; Deleted a second sentence which read “The Council shall order a special election not less than thirty (30) days nor more than forty (40) days after the regular election to resolve the tie vote as between such candidates.” 2.03 Section 6.01 shall be renumbered and reordered so that Article VI of the Charter entitled “Recall” includes Section 6.01 and Section 6.01A, (a),(b), and (c) which shall be and read in their entirety as follows: 6.01 Scope of Recall Any elected Town official shall be subject to recall and removal from office by the qualified voters of the Town on grounds of incompetency, misconduct, malfeasance in office or who knowingly or intentionally violates any provision of the Charter. Amended 05-09-09-1, Ord. 2009-7/12-Prop #4 Editor’s Note: Ref 6.01 and 6.01 A. The 2009 election ballot language did not allow for the integration of two propositions into one section. For clarification, proposition #4 made the following change: First sentence following the word “official,” deleted “, whether elected to office by the qualified voters of the Town or appointed by the council to fill a vacancy,”. 6.01A Scope of Recall Any elected Town official, whether elected to office by the qualified voters of the Town or appointed by the Council to fill a vacancy, shall be subject to recall and removal from office by the qualified voters of Town Council 170 of 208 Meeting Date: August 17, 2009 the Town on any one or more of the following grounds: incompetency, misconduct, malfeasance in office or who knowingly or intentionally violates any provision of the Charter. In this section: (a) “Incompetency” means (a) gross ignorance of official duties; or (b) gross carelessness in the discharge of official duties; or (c) inability or unfitness to promptly and properly discharge official duties because of a serious mental or physical defect that did not exist at the time of the officer’s election. The term is used in a sense that the Town official has exceeded his or her authority by defying or overruling lawful actions done by the Town Council. (b) “Official misconduct” means intentional unlawful behavior relating to official duties by a Town Official entrusted with the administration of justice or the execution of the law. The term includes an intentional or corrupt failure, refusal, or neglect of a Town Official to perform a duty imposed on the officer by law. (c) “Malfeasance” means the doing of an act by a Town Official through ignorance, inattention, or malice, which act the official had no legal right or authority to do, or which act exceeds or abuses the official’s rightful authority or powers; or the failure to do an act which the Town Official had a legal duty to do. Renumbered (a), (b), and (c) 07-18-09___ Ord. ______Amended 05-09-09-1, Ord. 2009-7/12- Prop #14 Editor’s Note: Ref 6.01 and 6.01 A. The 2009 election ballot language did not allow for the integration of two propositions into one section. For clarification, proposition #14 made the following changes: Following the first sentence added “In this section: (a) “Incompetency” means (a) gross ignorance of official duties; or (b) gross carelessness in the discharge of official duties; or (c) inability or unfitness to promptly and properly discharge official duties because of a serious mental or physical defect that did not exist at the time of the officer’s election. The term is used in a sense that the Town official has exceeded his or her authority by defying or overruling lawful actions done by the Town Council. (b) “Official misconduct” means intentional unlawful behavior relating to official duties by a Town Official entrusted with the administration of justice or the execution of the law. The term includes an intentional or corrupt failure, refusal, or neglect of a Town Official to perform a duty imposed on the officer by law. (c) “Malfeasance” means the doing of an act by a Town Official through ignorance, inattention, or malice, which act the official had no legal right or authority to do, or which act exceeds or abuses the official’s rightful authority or powers; or the failure to do an act which the Town Official had a legal duty to do.” SECTION 3. ENGROSSMENT, ENROLLMENT, AND CERTIFICATION The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as specified by the Home Rule Charter and Chapter 9 of the Texas Local Government Code. Further, a copy of this Ordinance shall be certified by the Town Secretary and the Mayor and shall be forwarded to the Secretary of State for filing as required by Section 11.12 of the Home Rule Charter of the Town of Trophy Club and Chapter 9 of the Texas Local Government Code. SECTION 4. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. Town Council 171 of 208 Meeting Date: August 17, 2009 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 24th day of August, 2009. Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Town Attorney Town of Trophy Club, Texas Town Council 172 of 208 Meeting Date: August 17, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-310-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/7/2009 Town Council On agenda:Final action:8/17/2009 Title:Consider and take appropriate action regarding the calling of a Special Council Session on Monday, August, 24, 2009 and subjects for consideration at the meeting. Attachments: Action ByDate Action ResultVer. Town Council 173 of 208 Meeting Date: August 17, 2009 109-310-T Version:File #: Title Consider and take appropriate action regarding the calling of a Special Council Session on Monday, August, 24, 2009 and subjects for consideration at the meeting. Body The Town Council needs to hold a Special Session to consider the following items: Public Hearing for the FY09-10 Budget Consider and take appropriate action regarding an Ordinance establishing and implementing a process for Hotel inspections by adopting a new Article III "Hotel Inspections", of Chapter 6 "Health and Sanitation", of the Code of Ordinances of the Town. Consider and take appropriate action regarding an Ordinance reordering numbers and letters in the Town Charter as a result of Charter amendments adopted at the May, 2009 election. Consider and take appropriateaction regardingan Ordinance of the Town Council of the Town of Trophy Club, calling a bond election for various park purposes, to be held within the Town in November, 2009, making provisions for the conduct of the election and other provisions relating thereto. Consider and take appropriateaction regardingan Ordinance of the Town Council of the Town Of Trophy Club accepting and approvingan update of the Service and Assessment Plan and Updated Assessment Roll for Town of Trophy Club Public ImprovementDistrict No. 1 (The Highlands at Trophy Club); adopting findings and other related provisions; and providing an effective date. Town Council 174 of 208 Meeting Date: August 17, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-324-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/10/2009 Town Council On agenda:Final action:8/17/2009 Title:Receive a progress report on the Highlands of Trophy Club Public Improvement District #1, discussion and appropriate action regarding same. Attachments:PID.pdf Action ByDate Action ResultVer. Town Council 175 of 208 Meeting Date: August 17, 2009 109-324-T Version:File #: Title Receive a progress report on the Highlands of Trophy Club Public Improvement District #1, discussion and appropriate action regarding same. Body As of the first of August, a majority of the PID funded projects have been completed. The projects yet to be completed are: Intersection Improvements - $ 415,909 Elevated Water Tank - $ 888,501 Northwest Park $2,101,757 Northeast Park $ 141,394 We are also holding funds in retainage in the amount of $138,320 for the completion of the Trail System. The Developer has submitted an invoice for reimbursement for the Developer Projects in the amount of $727,908.79. After witholding the above funds (unfinished projects and retainage) a payment of approximately $125,000 will be submitted to the developer. Town Council 176 of 208 Meeting Date: August 17, 2009 Town Council 177 of 208 Meeting Date: August 17, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-316-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/7/2009 Town Council On agenda:Final action:8/17/2009 Title:Receive a progress report from Council Member Wilson regarding the August 5, 2009 TCMUD1 Meeting; discussion of same. Attachments:EMS Budget Vehicle Replacement Schedule Debt Service.pdf MUD/Town Adminstrative Building Contract Action ByDate Action ResultVer. Town Council 178 of 208 Meeting Date: August 17, 2009 109-316-T Version:File #: Title Receive a progress report from Council Member Wilson regarding the August 5, 2009 TCMUD1 Meeting; discussion of same. Body Receive TCMUD1 August 5, 2009 meeting report from MUD Liaison CM Wilson. A. Well Analysis Report bid B. MUD 1. 2009-2010 FY budget and adopted tax rate discussion. C. EMS budgeting/control - proposed negotiations with the Town for transferring EMS to MUD 1 for 2010-2011. (attached) D. Discussion of Finance Dept. request for pooled Town and MUD Texpool and First Financial Bank accounts. E. Review and discussion of MUD/Town Administrative Building use contract. (attached) F. Shared Employees - task delineation, future budgeting Town Council 179 of 208 Meeting Date: August 17, 2009 TOWN OF TROPHY CLUB, TEXAS Annual Program of Services GENERAL FUND EMERGENCY MEDICAL SERVICES 2007-08 2008-09 2008-09 2009-10 DESCRIPTION ACTUAL ADOPTED ESTIMATE PROPOSED PERSONNEL SERVICES Salaries & Wages 329,069 348,779 336,122 357,660 Overtime 35,005 38,718 28,713 38,718 DPS Holiday Pay 7,795 10,365 10,034 10,676 Longevity 1,713 2,118 2,118 2,708 Certification 2,127 3,234 1,764 4,863 Retirement 44,539 48,905 42,031 53,901 Medical Insurance 33,121 38,375 38,612 41,813 Dental Insurance 2,062 2,413 2,430 2,874 Vision Insurance 492 564 524 632 Life Insurance & Other 1,985 2,596 852 2,394 Social Security Taxes 21,199 23,453 22,860 23,869 Medicare Taxes 4,958 5,485 5,346 5,582 Unemployment Taxes 778 2,223 502 463 Workman's Compensation 7,213 9,425 8,206 8,871 Pre-Employment Physicals/Testing 442 675 225 675 TOTAL PERSONNEL SERVICES 492,496$ 537,328$ 500,339$ 555,699$ PROFESSIONAL & CONTRACTUAL SERVICES Vehicle Maintenance 3,840 3,445 1,000 3,790 Equipment Maintenance 2,896 3,000 2,000 2,000 Collection Fees 18,565 21,700 17,500 18,900 Hazmat Disposal 99 250 250 250 TOTAL PROF & CONTRACTUAL SERVICES 25,400$ 28,395$ 20,750$ 24,940$ OPERATING EXPENSES Telephone 31 100 75 75 Communications/Pagers/Mobiles 1,205 1,476 2,410 2,477 Postage 81 65 50 65 Inspection Fees 863 - - 870 Publications/Books/Subscripts 97 420 200 200 Dues & Memberships 256 574 574 574 Meetings 77 - 132 132 Schools & Training 1,145 1,350 1,000 1,350 Travel & Per Diem 1,044 1,400 50 1,202 Flags & Repair 2,163 1,780 2,150 1,869 Miscellaneous Expenses 28 100 50 1,200 TOTAL OPERATING EXPENSES 6,992$ 7,415$ 6,691$ 10,014$ CONSUMABLE SUPPLIES Fuel & Lube 5,561 9,167 5,000 5,500 Uniforms 2,623 3,770 1,770 3,770 Small Equipment 1,548 3,150 500 2,000 Disposable Supplies 8,641 8,000 2,500 5,000 Medical Control 6,975 7,887 6,774 7,000 Pharmacy 2,520 4,000 2,000 4,000 Oxygen 449 800 400 500 Office Supplies 32 150 150 150 Maintenance Supplies - 200 200 200 Printing - 103 - - TOTAL CONSUMABLE SUPPLIES 28,348$ 37,227$ 19,294$ 28,120$ "a great place to call home"Town Council 180 of 208 Meeting Date: August 17, 2009 TOWN OF TROPHY CLUB, TEXAS Annual Program of Services GENERAL FUND EMERGENCY MEDICAL SERVICES 2007-08 2008-09 2008-09 2009-10 DESCRIPTION ACTUAL ADOPTED ESTIMATE PROPOSED CAPITAL EXPENSES Vehicles - 21,500 15,963 6,383 Vehicle Equipment - - 1,844 - M682 Ambulance/Equipment 20,731 - - 18,400 M681 Ambulance/Equipment 176,717 34,154 34,154 32,962 TOTAL CAPITAL EXPENSES 197,448$ 55,654$ 51,961$ 57,745$ TOTAL EXPENDITURES 750,684$ 666,019$ 599,035$ 676,517$ "a great place to call home"Town Council 181 of 208 Meeting Date: August 17, 2009 GENERAL FUND EMERGENCY MEDICAL SERVICES 103-025 ACCOUNT 2007-08 2008-09 2008-09 AS OF 2008-09 2009-10 NUMBER DESCRIPTION ACTUAL ADOPTED AMENDED 4/30/2009 Estimate PROPOSED PERSONNEL SERVICES 50005 Salaries & Wages 329,069 348,779 348,779 179,884 336,122 357,660 50010 Overtime 35,005 38,718 33,718 16,749 28,713 38,718 50011 DPS Holiday Pay 7,795 10,365 10,365 10,034 10,034 10,676 50015 Longevity/Certification - - - - - 50016 Longevity 1,713 2,118 2,118 2,118 2,118 2,708 50017 Certification 2,127 3,234 3,234 1,029 1,764 4,863 50020 Retirement 44,539 48,905 48,905 24,615 42,031 53,901 50025 Group Insurance - - - - - - 50026 Medical Insurance 33,121 38,375 38,375 22,524 38,612 41,813 50027 Dental Insurance 2,062 2,413 2,413 1,418 2,430 2,874 50028 Vision Insurance 492 564 564 306 524 632 50029 Life Insurance & Other 1,985 2,596 2,596 1,193 852 2,394 50030 Social Security Taxes 21,199 23,453 23,453 12,001 22,860 23,869 50035 Medicare Taxes 4,958 5,485 5,485 2,807 5,346 5,582 50040 Unemployment Taxes 778 2,223 2,223 293 502 463 50045 Workman's Compensation 7,213 9,425 9,425 4,103 8,206 8,871 50050 Auto Allowance - - - - - - 50060 Pre-Employment Physicals/Testing 442 675 675 - 225 675 TOTAL PERSONNEL SERVICES 492,496$ 537,328$ 532,328$ 279,071$ 500,339$ 555,699$ PROFESSIONAL & CONTRACTUAL SERVICES 55070 Independent Labor - - - - - - 55080 Maintenance & Repairs - - - - - - 55090 Vehicle Maintenance 3,840 3,445 2,445 74 1,000 3,790 55095 Equipment Maintenance 2,896 3,000 2,000 1,298 2,000 2,000 55165 Collection Fees 18,565 21,700 21,700 8,674 17,500 18,900 55190 Hazmat Disposal 99 250 250 - 250 250 TOTAL PROF & CONTRACTUAL SERVICES 25,400$ 28,395$ 26,395$ 10,046$ 20,750$ 24,940$ OPERATING EXPENSES 60005 Telephone 31 100 100 27 75 75 60010 Communications/Pagers/Mobiles 1,205 1,476 1,476 1,110 2,410 2,477 60035 Postage 81 65 65 16 50 65 60060 Inspection Fees 863 - - - - 870 60066 Publications/Books/Subscripts 97 420 420 - 200 200 60070 Dues & Memberships 256 574 574 191 574 574 60075 Meetings 77 - - 66 132 132 60080 Schools & Training 1,145 1,350 1,350 940 1,000 1,350 60100 Travel & Per Diem 1,044 1,400 400 46 50 1,202 60110 Physicals/Testing - - - - - - 60125 Advertising - 150 150 - - - 60195 Flags & Repair 2,163 1,780 1,780 1,482 2,150 1,869 60245 Miscellaneous Expenses 28 100 100 23 50 1,200 60360 Furniture/Equipment < $5000 - - - - - - 60989 Trophy Club/Westlake Conversion - - - - - - TOTAL OPERATING EXPENSES 6,992$ 7,415$ 6,415$ 3,901$ 6,691$ 10,014$ CONSUMABLE SUPPLIES 65005 Fuel & Lube 5,561 9,167 7,167 1,704 5,000 5,500 65010 Uniforms 2,623 3,770 1,770 259 1,770 3,770 65025 Small Equipment 1,548 3,150 1,650 130 500 2,000 65060 Disposable Supplies 8,641 8,000 8,000 1,781 2,500 5,000 65070 Medical Control 6,975 7,887 7,887 6,774 6,774 7,000 65075 Pharmacy 2,520 4,000 4,000 802 2,000 4,000 65080 Oxygen 449 800 800 257 400 500 65085 Office Supplies 32 150 150 68 150 150 65095 Maintenance Supplies - 200 200 - 200 200 65100 Copies - - - - - - 65105 Printing - 103 103 - - - TOTAL CONSUMABLE SUPPLIES 28,348$ 37,227$ 31,727$ 11,775$ 19,294$ 28,120$ CAPITAL EXPENSES 69005 Capital Expenses - - - - - - 69035 Vehicles - 21,500 21,500 15,963 15,963 6,383 69040 Vehicle Equipment - - - 1,844 1,844 69050 Radios 0 - - - - - 69200 M682 Ambulance/Equipment 20,731 - - - - 18,400 69201 M681 Ambulance/Equipment 176,717 34,154 34,154 - 34,154 32,962 TOTAL CAPITAL EXPENSES 197,448$ 55,654$ 55,654$ 17,807$ 51,961$ 57,745$ Town Council 182 of 208 Meeting Date: August 17, 2009 TOTAL EXPENDITURES 750,684$ 666,019$ 652,519$ 322,600$ 599,035$ 676,517$ Town Council 183 of 208 Meeting Date: August 17, 2009 TOWN OF TROPHY CLUB, TEXAS ANNUAL PROGRAM OF SERVICES SUMMARY GENERAL FUND EMERGENCY MEDICAL SERVICES 2005-06 2006-07 2007-08 2008-09 RESOURCES ACTUAL ACTUAL BUDGET PROPOSED - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - TOTAL RESOURCES -$ -$ -$ -$ 2005-06 2006-07 2007-08 2008-09 EXPENDITURES ACTUAL ACTUAL BUDGET PROPOSED Personnel Services - - - - Prof & Contractual Services - - - - Operating Expenses - - - - Consumable Supplies - - - - Capital Expenses - - - - TOTAL EXPENDITURES -$ -$ -$ -$ PERSONNEL EMPLOYEES EMPLOYEES SHARED EMPLOYEES - - 0%- - - 0%- - - 0%- - - 0%- - - 0%- - - 0%- TOTAL PERSONNEL - - - MAJOR BUDGET CHANGES 2006-07 ADOPTED005-06 ADOPTE "A GREAT PLACE TO CALL HOME" Town Council 184 of 208 Meeting Date: August 17, 2009 TOWN OF TROPHY CLUB, TEXAS Annual Program of Services EMERGENCY MEDICAL SERVICES ADOPTED EXPENSES CAPITAL EXPENSES 9% OPERATING EXPENSES 1% CONSUMABLE SUPPLIES 4% PROFESSIONAL & CONTRACTUAL SERVICES 4% PERSONNEL SERVICES 82% "a great place to call home"Town Council 185 of 208 Meeting Date: August 17, 2009 PERSONNEL SERVICES EMS 49%, Fire 51% SALARIES & WAGES FY 07/08 Budget $330,210 FY 08/09 Adopted $348,779 FY 09/10 Proposed $357,660 FY 10/11 Projected $364,814 FY 11/12 Projected $372,110 OVERTIME FY 07/08 Budget $35,952 FY 08/09 Adopted $38,718 FY 09/10 Proposed $38,718 FY 10/11 Projected $39,492 FY 11/12 Projected $40,282 DPS HOLIDAY PAY FY 07/08 Budget $10,046 FY 08/09 Adopted $10,365 FY 09/10 Proposed $10,676 FY 10/11 Projected $10,889 FY 11/12 Projected $11,107 LONGEVITY FY 07/08 Budget $1,847 FY 08/09 Adopted $2,118 FY 09/10 Proposed $2,708 FY 10/11 Projected $3,159 FY 11/12 Projected $3,644 CERTIFICATION FY 07/08 Budget $3,381 FY 08/09 Adopted $3,234 FY 09/10 Proposed $4,863 FY 10/11 Projected $4,863 FY 11/12 Projected $4,863 EMS Projections backupTown Council 186 of 208 Meeting Date: August 17, 2009 RETIREMENT FY 07/08 Budget $47,680 FY 08/09 Adopted $48,905 FY 09/10 Proposed $53,901 FY 10/11 Projected $56,076 FY 11/12 Projected $58,321 MEDICAL INSURANCE FY 07/08 Budget $36,651 FY 08/09 Adopted $38,375 FY 09/10 Proposed $41,813 FY 10/11 Projected $55,189 FY 11/12 Projected $66,227 DENTAL INSURANCE FY 07/08 Budget $2,306 FY 08/09 Adopted $2,413 FY 09/10 Proposed $2,874 FY 10/11 Projected $3,449 FY 11/12 Projected $4,139 VISION INSURANCE FY 07/08 Budget $528 FY 08/09 Adopted $564 FY 09/10 Proposed $632 FY 10/11 Projected $759 FY 11/12 Projected $910 LIFE INSURANCE & OTHER FY 07/08 Budget $2,853 FY 08/09 Adopted $2,596 FY 09/10 Proposed $2,394 FY 10/11 Projected $2,426 FY 11/12 Projected $2,456 EMS Projections backupTown Council 187 of 208 Meeting Date: August 17, 2009 SOCIAL SECURITY TAXES FY 07/08 Budget $22,048 FY 08/09 Adopted $23,453 FY 09/10 Proposed $23,869 FY 10/11 Projected $24,034 FY 11/12 Projected $24,138 MEDICARE TAXES FY 07/08 Budget $5,156 FY 08/09 Adopted $5,485 FY 09/10 Proposed $5,582 FY 10/11 Projected $5,621 FY 11/12 Projected $5,645 UNEMPLOYMENT TAXES FY 07/08 Budget $1,720 FY 08/09 Adopted $2,223 FY 09/10 Proposed $463 FY 10/11 Projected $466 FY 11/12 Projected $466 WORKMAN'S COMPENSATION FY 07/08 Budget $6,890 FY 08/09 Adopted $9,425 FY 09/10 Proposed $8,871 FY 10/11 Projected $9,055 FY 11/12 Projected $9,243 AUTO ALLOWANCE FY 07/08 Budget $0 FY 08/09 Adopted $0 FY 09/10 Proposed $0 FY 10/11 Projected $0 FY 11/12 Projected $0 PRE-EMPLOYMENT PHYSICALS/TESTING FY 07/08 Budget $675 FY 08/09 Adopted $675 FY 09/10 Proposed $675 EMS Projections backupTown Council 188 of 208 Meeting Date: August 17, 2009 FY 10/11 Projected 10%$743 FY 11/12 Projected 10%$817 PROFESSIONAL & CONTRACTUAL SERVICES INDEPENDENT LABOR FY 07/08 Budget $5,927 FY 08/09 Adopted $0 FY 09/10 Proposed $0 FY 10/11 Projected $0 FY 11/12 Projected $0 VEHICLE MAINTENANCE FY 07/08 Budget $4,445 FY 08/09 Adopted $3,445 FY 09/10 Proposed 10%$3,790 FY 10/11 Projected 10%$4,168 FY 11/12 Projected 10%$4,585 EQUIPMENT MAINTENANCE FY 07/08 Budget $3,365 FY 08/09 Adopted $3,000 FY 09/10 Proposed $2,000 FY 10/11 Projected 5%$2,100 FY 11/12 Projected 5%$2,205 COLLECTION FEES FY 07/08 Budget $18,200 FY 08/09 Adopted 14% $155,000 $21,700 FY 09/10 Proposed 14%$135,000 $18,900 FY 10/11 Projected 14%$192,000 $26,880 FY 11/12 Projected 14%$211,200 $29,568 HAZMAT DISPOSAL FY 07/08 Budget $511 FY 08/09 Adopted $250 FY 09/10 Proposed $250 FY 10/11 Projected 3%$258 FY 11/12 Projected 3%$265 Budget oil/lube changes here. Maintain maintain Linked to Revenue budget.New line. Should be 14% of total revenue from Intermedix. Does not apply to TMDS revenue since they take their fee prior to payment to us. EMS Projections backupTown Council 189 of 208 Meeting Date: August 17, 2009 OPERATING EXPENSES TELEPHONE FY 07/08 Budget $150 FY 08/09 Adopted $100 FY 09/10 Proposed $75 FY 10/11 Projected 3%$77 FY 11/12 Projected 3%$80 COMMUNICATIONS/PAGERS/MOBILES FY 07/08 Budget $2,484 FY 08/09 Adopted $1,476 FY 09/10 Proposed $2,477 FY 10/11 Projected 3%$2,551 FY 11/12 Projected 3%$2,628 POSTAGE FY 07/08 Budget $62 FY 08/09 Adopted $65 FY 09/10 Proposed $65 FY 10/11 Projected 3%$67 FY 11/12 Projected 3%$69 INSPECTION FEES FY 07/08 Budget $870 FY 08/09 Adopted $0 FY 09/10 Proposed $870 $870 FY 10/11 Projected -$870 $0 FY 11/12 Projected $870 $870 PUBLICATIONS/BOOKS/SUBSCRIPTS FY 07/08 Budget $400 FY 08/09 Adopted $420 FY 09/10 Proposed $200 FY 10/11 Projected 3%$206 FY 11/12 Projected 3%$212 DUES & MEMBERSHIPS increase due to Blackberrys for command staff Maintain annual state fee maintain Please budget your long distance and any new landline telephones you will need here. EMS Projections backupTown Council 190 of 208 Meeting Date: August 17, 2009 FY 07/08 Budget $427 FY 08/09 Adopted $574 FY 09/10 Proposed $574 FY 10/11 Projected 3%$591 FY 11/12 Projected 3%$609 MEETINGS FY 08/09 Adopted $0 FY 09/10 Proposed $132 FY 10/11 Projected 3%$136 FY 11/12 Projected 3%$140 SCHOOLS & TRAINING $1,330 FY 08/09 Adopted $1,350 FY 09/10 Proposed $1,350 FY 10/11 Projected 3%$1,391 FY 11/12 Projected 3%$1,432 TRAVEL & PER DEIM FY 07/08 Budget $2,397 FY 08/09 Adopted $1,400 FY 09/10 Proposed $1,202 FY 10/11 Projected 3%$1,238 FY 11/12 Projected 3%$1,275 PHYSICALS/TESTING FY 07/08 Budget $500 FY 08/09 Adopted $0 FY 09/10 Proposed 3%$0 FY 10/11 Projected 3%$0 FY 11/12 Projected 3%$0 ADVERTISING FY 07/08 Budget $0 FY 08/09 Adopted $150 FY 09/10 Proposed $0 FY 10/11 Projected 3%$0 Must budget for your own new employee advertising. This must tie to your Dues & Membership worksheet. This must tie to your Schools & Travel worksheet. Maintain This must tie to your Schools & Travel worksheet. Maintain EMS Projections backupTown Council 191 of 208 Meeting Date: August 17, 2009 FY 11/12 Projected 3%$0 FLAGS & REPAIR FY 07/08 Budget $1,780 FY 08/09 Adopted $1,780 FY 09/10 Proposed 5%$1,869 FY 10/11 Projected 3%$1,925 FY 11/12 Projected 3%$1,983 MISCELLANEOUS EXPENSES FY 07/08 Budget $53 FY 08/09 Adopted $100 FY 09/10 Proposed $1,200 FY 10/11 Projected 3%$1,236 FY 11/12 Projected 3%$1,273 FURNITURE/EQUIPMENT < $5000 FY 07/08 Budget $500 FY 08/09 Adopted $0 FY 09/10 Proposed $0 FY 10/11 Projected $0 FY 11/12 Projected $0 CONSUMABLE EXPENSES FUEL & LUBE FY 07/08 Budget $5,220 FY 08/09 Adopted $9,167 FY 09/10 Proposed $5,500 FY 10/11 Projected 3%$5,665 FY 11/12 Projected 3%$5,835 UNIFORMS FY 07/08 Budget $2,770 FY 08/09 Adopted $3,770 FY 09/10 Proposed $3,770 FY 10/11 Projected 3%$3,883 FY 11/12 Projected 3%$4,000 SMALL EQUIPMENT Appreciation material / rehab supplies. Budget oil/lube under Vehicle Maintenance, not here. 1746 gal diesel x 3.15 gal. More than inflation, haven't bought new uniforms in a couple of years. Moved from Police budget. Shared with MUD/Fire. EMS Projections backupTown Council 192 of 208 Meeting Date: August 17, 2009 FY 07/08 Budget $1,050 FY 08/09 Adopted $3,150 FY 09/10 Proposed $2,000 FY 10/11 Projected 3% $9,900 $11,960 FY 11/12 Projected 3% -$9,900 $2,419 DISPOSABLE SUPPLIES FY 07/08 Budget $7,888 FY 08/09 Adopted $8,000 FY 09/10 Proposed $5,000 FY 10/11 Projected 3%$5,150 FY 11/12 Projected 3%$5,305 MEDICAL CONTROL FY 07/08 Budget $7,035 FY 08/09 Adopted $7,887 FY 09/10 Proposed $7,000 FY 10/11 Projected 3%$7,210 FY 11/12 Projected 3%$7,426 PHARMACY FY 07/08 Budget $1,920 FY 08/09 Adopted $4,000 FY 09/10 Proposed $4,000 FY 10/11 Projected 14%$4,560 FY 11/12 Projected 14%$5,198 OXYGEN FY 07/08 Budget $840 FY 08/09 Adopted $800 FY 09/10 Proposed $500 FY 10/11 Projected 3%$515 FY 11/12 Projected 3%$530 OFFICE SUPPLIES FY 07/08 Budget $310 FY 08/09 Adopted $150 Maintain Maintain Maintain Added $1500 for RAC supply expenses. Will expense here instead of directly against incoming RAC revenue under Misc EMS Revenue. Maintain EMS Projections backupTown Council 193 of 208 Meeting Date: August 17, 2009 FY 09/10 Proposed $150 FY 10/11 Projected 3%$155 FY 11/12 Projected 3%$159 MAINTENANCE SUPPLIES FY 07/08 Budget $200 FY 08/09 Adopted $200 FY 09/10 Proposed $200 FY 10/11 Projected 3%$206 FY 11/12 Projected 3%$212 COPIES FY 07/08 Budget $0 FY 08/09 Adopted $0 FY 09/10 Proposed $0 FY 10/11 Projected $0 FY 11/12 Projected $0 PRINTING FY 07/08 Budget $103 FY 08/09 Adopted $103 FY 09/10 Proposed $0 FY 10/11 Projected 3%$0 FY 11/12 Projected 3%$0 CAPITAL EXPENSES CAPITAL EXPENSE FY 07/08 Budget $0 FY 08/09 Adopted $0 FY 09/10 Proposed $0 FY 10/11 Projected $0 $0 FY 11/12 Projected $0 VEHICLES FY 07/08 Budget $0 FY 08/09 Adopted $21,500 FY 09/10 Proposed $2,200 -$17,500 $6,383 FY 10/11 Projected $6,383 FY 11/12 Projected -$4,183 $2,200 Maintain No longer budgeted anywhere. Replacement 2010/2011 $4183 for 1/2 Chief's Vehicle / other 1/2 in MUD Fire/ for 2009-10 add 1/2 Public Safety Officer Vehicle ($9,000 @5.5% over 5 years) EMS Projections backupTown Council 194 of 208 Meeting Date: August 17, 2009 RADIOS FY 07/08 Budget $0 FY 08/09 Adopted $0 FY 09/10 Proposed $0 FY 10/11 Projected $0 FY 11/12 Projected $2,500 $2,500 M682 AMBULANCE/EQUIPMENT FY 07/08 Budget $20,731 FY 08/09 Adopted $0 FY 09/10 Proposed - Rechassis Amb@$105,000 @5.5% -7yrs $18,400 FY 10/11 Projected $18,400 FY 11/12 Projected $18,400 M681 AMBULANCE/EQUIPMENT FY 07/08 Budget $29,000 FY 08/09 Adopted $34,154 FY 09/10 Proposed $32,962 FY 10/11 Projected $31,770 FY 11/12 Projected $30,581 LIFEPACK 12/PATIENT MONITOR FY 07/08 Budget $0 FY 08/09 Adopted $0 FY 09/10 Proposed $0 FY 10/11 Projected $31,970 $31,970 FY 11/12 Projected -$25,000 $6,970 Received new radios from county due to rebanding Annual debt service payment on ambulance. Paid off in 06/08. Will go into reserve status. For 07/08, replacement of the lifepack 12 is estimated to cost $18,000 to $20,000 for a refurbished unit. The current unit will be used as a backup unit in the event service or maintenance needs to occur on the new unit. The lifepack 12 is fully equipped with 12 lead EKG capability, defibulator, pacer, oxygen saturation monitoring, end tidal CO2 monitoring, and blood pressure monitoring. The calculation used for the annual payment was a three year note for $20,000 at a 5% interest rate. Start new 3 year cycle in FY10/11. EMS Projections backupTown Council 195 of 208 Meeting Date: August 17, 2009 GE N E R A L F U N D EM E R G E N C Y M E D I C A L S E R V I C E S CO V E R S C O V E R A G E C O V E R A G E T O T A L DU E S & M E M B E R S H I P S EM P L O Y E E F R O M TO A M O U N T TD H I n s t r u c t o r r e - c e r t 3 Oc t Se p t $ 1 3 5 Re g i o n a l A d v i s o r y C o u n c i l ( R A C ) 1 Oc t Se p t $ 2 5 Pa r a m e d i c R e - c e r t 4 Oc t Se p t $ 4 1 4 DU E S & M E M B E R S H I P S ( 1 0 3 - 6 0 0 7 0 ) 57 4 $ 8/ 1 0 / 2 0 0 9 4 : 1 8 P M 025 EMS.xls To w n Co u n c i l 19 6 of 20 8 Meeting Date: August 17, 2009 GE N E R A L F U N D EM E R G E N C Y M E D I C A L S E R V I C E S Re q F o r C e r t i f i c a t i o n Re q B y T o w n / D e p t > 2 0 0 M i l e s G S A U n l e s s G S A U n l e s s Finance Dir Op t i o n a l Re q u i r e d $ 0 . 5 0 5 M g r O k a y M g r O k a y A p p r o v a l LI S T CE R T , D E P T N O . C O U R S E T O T A L # T O T A L D A I L Y T O T A L D A I L Y T O T A L R E N T A L EV E N T D E S C R I P T I O N L O C A T I O N AT T E N D E E OR O P T I O N A L D A Y S F E E A I R F A R E M I L E S M I L E A G E R A T E H O T E L R A T E M E A L S O T H E R EM S C o n f e r e n c e ( F T W o r t h ) F o r t W o r t h s t a f f D e p t 3 $ 1 5 0 1 0 0 $ 5 1 EM S C o n f e r e n c e ( F T W o r t h ) F o r t W o r t h st a f f De p t 3 $ 1 5 0 10 0 $ 5 1 EM S C o n f e r e n c e ( F T W o r t h ) F o r t W o r t h st a f f De p t 3 $ 1 5 0 10 0 $ 5 1 AC L S C o u r s e Lo c a l Al l Ce r t 2 $ 1 0 0 10 0 $ 5 1 AC L S C o u r s e Lo c a l Al l Ce r t 2 $ 1 0 0 10 0 $ 5 1 AC L S C o u r s e Lo c a l Al l Ce r t 2 $ 1 0 0 10 0 $ 5 1 BT L S C o u r s e Lo c a l Al l Ce r t 2 $ 1 0 0 10 0 $ 5 1 BT L S C o u r s e Lo c a l Al l Ce r t 2 $ 1 0 0 10 0 $ 5 1 BT L S C o u r s e Lo c a l Al l Ce r t 2 $ 1 0 0 10 0 $ 5 1 PA L S / P E P P Lo c a l Al l Ce r t 2 $ 1 0 0 10 0 $ 5 1 PA L S / P E P P Lo c a l Al l Ce r t 2 $ 1 0 0 10 0 $ 5 1 PA L S / P E P P Lo c a l Al l Ce r t 2 $ 1 0 0 10 0 $ 5 1 GE T A C 1 s t Q t r Au s t i n Be c k De p t 2 $ - $ 9 5 $ 1 9 0 $ 5 4 $ 1 0 8 GE T A C 3 s t Q t r Au s t i n Be c k De p t 2 $ - $ 9 5 $ 1 9 0 $ 5 4 $ 1 0 8 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - SC H O O L S & T R A I N I N G ( 1 0 3 - 6 0 0 8 0 ) 1, 3 5 0 $ 1, 3 5 0 $ TR A V E L & P E R D I E M ( 1 0 3 - 6 0 1 0 0 ) 1, 2 0 2 $ - $ 60 6 $ 380 $ 216$ -$ 8/ 1 0 / 2 0 0 9 4 : 1 8 P M 025 EMS.xls To w n Co u n c i l 19 7 of 20 8 Meeting Date: August 17, 2009 CA P I T A L I M P R O V E M E N T VE H I C L E R E P L A C E M E N T S C H E D U L E AS S E T Co s t @ 6 / 0 9 A d d 5 % A d d 5 % A d d 5 % A d d 5 % A d d 5 % ID D E S C R I P T I O N 2 0 0 8 - 2 0 0 9 2 0 0 9 - 2 0 1 0 2 0 1 0 - 2 0 1 1 2 0 1 1 - 2 0 1 2 2 0 1 2 - 2 0 1 3 2 0 1 3 - 2 0 1 4 N O T E S @ J u l y 0 9 PO L I C E 10 5 0 2 0 0 0 F o r d C r o w n V i c t o r i a ( 0 0 1 ) - - - - - O u t o f S e r v i c e - t o b e a u c t i o n e d 10 5 6 2 0 0 1 C h e v y I m p a l a ( 1 0 2 ) - - - - - O u t o f S e r v i c e - t o b e a u c t i o n e d 10 5 7 2 0 0 1 C h e v y I m p a l a ( 1 0 3 ) - - - - - O u t o f S e r v i c e - t o b e a u c t i o n e d 32 3 1 2 0 0 5 F o r d C r o w n V i c t o r i a ( 5 0 0 ) - A d m i n V e h i c a l G o e s O u t o f S e r v i c e A d m i n V e h i c l e g o e s o u t o f s e r v i c e / r e p l a c e d b y 2 0 0 7 C h a r g e r 3 2 5 2 13 1 8 2 0 0 3 F o r d E x p e d i t i o n ( 4 0 0 ) - B a c k - u p C r i m e C o n t r o l u n i t B a c k u p C r i m e S c e n e U n i t - W i l l a p p l y f o r G r a n t f o r r e p l a c e m e n t 13 2 0 2 0 0 4 C h e v y P i c k U p - A n i m a l C o n t r o l / C o d e E n f o r c e m e n t D o d g e R a m w / " s l i d e i n " 13 4 4 2 0 0 4 F o r d E x p e d i t i o n ( 4 0 2 ) - C h i e f ' s V e h i c l e 3 2 , 2 2 8 C h i e f ' s V e h i c l e / l o w m i l e a g e - R e p l a c e i n 1 3 - 1 4 w / 7 Y e a r L i f e V e h i c l e 2 0 0 6 F o r d C r o w n V i c ( 6 0 0 ) - P a t r o l R e t i r e / T r a n s f e r t o C o m S e r v R e t i r e f r o m P a t r o l - G o e s t o C o m m u n i t y S e r v i c e - R e p l a c e u n i t w / 2 0 1 0 T a h o e F l e e t A d d i t i o n f o r C o m m u n i t y S e r v i c e 32 5 2 2 0 0 7 D o d g e C h a r g er (70 0 ) - P a t r o l R e t i r e / T r a n s f e r t o R e p la c e A d m i n Re t i r e f r o m P a t r o l / T r a n s f e r t o r e p l a c e 2 0 0 5 A d m i n V e h i c l e - g o i n g o u t o f s e r v i c e 33 0 5 2 0 0 8 D o d g e C h a r g e r ( 8 0 0 ) - P a t r o l 2 7 , 8 3 9 3 2 , 2 2 8 Re p l a c e D o d g e C h a r g e r w / T a h o e - 3 Y e a r R e p l a c e m e n t 33 0 6 2 0 0 8 D o d g e C h a r g e r ( 8 0 1 ) - P a t r o l 2 7 , 8 3 9 3 2 , 2 2 8 Re p l a c e D o d g e C h a r g e r w / T a h o e - 3 Y e a r R e p l a c e m e n t 33 0 9 2 0 0 8 F o r d E x p e d i t i o n ( 8 0 2 ) - M o b i l e C r i m e S c e n e U n i t G r a n t V e h i c l e - W i l l a p p l y f o r G r a n t f o r r e p l a c e m e n t NE W 2 0 1 0 T a h o e - P a t r o l R e p l a c e m e n t ( 2 0 0 6 C r o w n V i c t o C o m S e r v ) 2 6 , 5 1 3 3 0 , 7 0 0 Re p l a c e 2 0 0 6 C r o w n V i c t r a n s f e r r e d t o C o m S e r v w / T a h o e - 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5 Y e a r $ - $ 2 2 , 0 5 0 $ 5 6 , 3 3 2 $ 5 9 , 0 9 4 $ - T O T A L - 7 Y e a r 4 8 , 0 0 0 T O T A L - 1 0 Y e a r 4 4 , 0 0 0 C O M M U N I T Y D E V E L O P M E N T 32 5 3 2 0 0 6 F o r d S u p e r c a b 2 2 , 0 5 0 T O T A L - 5 Y e a r $ - $ 2 2 , 0 5 0 $ - $ - $ - EM S 10 4 9 2 0 0 0 F o r d 4 5 0 A m b u l a n c e - R e s e r v e 1 0 5 , 0 0 0 R e c h a s s i s - 7 A d d i t i o n a l Y e a r s Un i t 3 0 1 2 0 0 3 F o r d E x p ed i t i o n - E M S P u b l i c S a f e t y O f f i c e r 9 ,00 0 Tr a d e i n w / 2 0 0 0 F i r e E x p edition for s p lit vehicle (truck ) 33 0 7 2 0 0 8 F o r d E x p e d i t i o n / S p l i t S p l i t V e h i c l e w / F i r e - 7 Y e a r R e p l a c e m e n t 33 0 9 2 0 0 8 M 6 8 1 A m b u l a n c e 2 0 4 , 2 0 5 6 Y e a r L i f e T O T A L - 5 Y e a r $ 9 , 0 0 0 $ - $ - $ - $ 2 0 4 , 2 0 5 T O T A L - 7 Y e a r 1 0 5 , 0 0 0 PA R K S & R E C R E A T I O N 10 4 7 19 9 9 F o r d F 1 5 0 P i c k - u p 22 , 0 0 0 10 4 8 20 0 0 F o r d R a n g e P i c k - 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2 0 1 2 - 2 0 1 3 4 , 0 0 0 4 , 0 0 0 $ 8 8 , 3 0 0 $ 8 8 , 3 0 0 $ 8 8 , 3 0 0 $ 9 2 , 3 0 0 $ 9 2 , 3 0 0 To w n Co u n c i l 19 9 of 20 8 Meeting Date: August 17, 2009 Town Council 200 of 208 Meeting Date: August 17, 2009 Town Council 201 of 208 Meeting Date: August 17, 2009 Town Council 202 of 208 Meeting Date: August 17, 2009 Town Council 203 of 208 Meeting Date: August 17, 2009 Town Council 204 of 208 Meeting Date: August 17, 2009 Town Council 205 of 208 Meeting Date: August 17, 2009 Town Council 206 of 208 Meeting Date: August 17, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-329-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/13/2009 Town Council On agenda:Final action:8/17/2009 Title:Items for Future Agenda. Attachments: Action ByDate Action ResultVer. Town Council 207 of 208 Meeting Date: August 17, 2009 109-329-T Version:File #: Title Items for Future Agenda. Body 1.Town Manager Emmons to report on the sound barrier issues on the east side and conversations with TXDOT, and discussion of same. (Wilson) 2. Discuss and consider options to approve the upkeep of rental property, with or without creating a Building Standard Commission. (Edstrom - 4/21/08) 3. Discuss and receive an update on the Comprehensive Land Plan. (Edstrom - 10/20/08) 4. Discuss and take appropriate action regarding a Library Focus Group or other plan for exploring options and compiling data for a future library. (Wilson) 5. Discuss and take appropriate action regarding culvert issues on Skyline Park. (Wilson added on 4/6/09) 6. Discuss and take appropriate action regarding an update/celebration for the opening of the new Bryon Nelson High School. (Edstrom added April 20, 2009) 7. Item to receive a report to alleviate the congestion of games/practices on the baseball and the parking issues. (Wilson added May 6, 2009) Town Council 208 of 208 Meeting Date: August 17, 2009