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
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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
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56
of
20
8
Meeting Date: August 17, 2009
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20
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Meeting Date: August 17, 2009
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Meeting Date: August 17, 2009
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Meeting Date: August 17, 2009
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Meeting Date: August 17, 2009
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Meeting Date: August 17, 2009
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Meeting Date: August 17, 2009
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Meeting Date: August 17, 2009
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20
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Meeting Date: August 17, 2009
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20
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Meeting Date: August 17, 2009
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20
8
Meeting Date: August 17, 2009
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Meeting Date: August 17, 2009
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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
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l
i
n
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Be
g
i
n
c
o
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s
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t
i
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n
o
f
N
o
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t
h
e
a
s
t
P
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k
Tr
a
i
l
s
y
s
t
e
m
a
n
d
l
a
k
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s
o
n
l
i
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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
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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
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Meeting Date: August 17, 2009
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78
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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
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Meeting Date: August 17, 2009
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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