Agenda Packet TC 07/20/2009Town Council
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, TX 76262
Svore Municipal Building Boardroom7:00 PMMonday, July 20, 2009
Call to order and announce a quorum.
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.
PRESENTATION
1.09-231-T Fire Chief Thomas to present graduation certificates to Citizen Fire Academy recipients.
Citizen's Fire Academy.pdfAttachments:
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.
2.09-232-T Discuss and take appropriate action to approve Minutes dated June 22, 2009.
June 22, 2009 Minutes.pdfAttachments:
Town Council 1 of 103 Meeting Date: July 20, 2009
July 20, 2009Town Council Meeting Agenda
3.09-233-T Discuss and take appropriate action to approve Minutes dated July 6, 2009.
July 6, 2009 Minutes.pdfAttachments:
4.09-244-T Discuss and take appropriate action to establish pooled cash accounts for the Town
and MUD1 at First Financial Bank and Texpool, naming authorized representatives.
REGULAR SESSION
5.09-234-T Discuss and take appropriate action regarding the approval of an Agreement for
Professional Engineering Services with Halff Associates, Inc. for the Trophy Club
Pedestrian/Bicycle Sidewalk Project relating to the Safe Routes to School Grant in an
amount not to exceed $49,986.00, and authorizing the Mayor or her designee to
execute necessary documents.
RFQ Submittals
SRTS Proposal with comments by Legal
Attachments:
6.09-235-T Discuss and take appropriate action regarding an Ordinance approving a change in the
tariffs of ATMOS Energy Corporation, MId-Tex Division, as a result of a settlement
between ATMOS and the ATMOS Texas Municipalities, and providing an effect date.
ATMOS Informational Sheet
ATMOS Amended Tariffs
Ord. 2009- ATMOS Tariffs.pdf
Attachments:
7.09-237-T Discuss and take appropriate action regarding Open Record Requests procedures and
associated costs.
ORR Policy.pdf
Service Request Report.pdf
Report by Requester Number.pdf
36 Hour Rule Information.pdf
Attachments:
8.09-238-T Discuss and take appropriate action regarding the expenditure of EDC-4A funds for
shade structures at Independence Park.
Application for FundsAttachments:
9.09-239-T Discuss and take appropriate action regarding an Ordinance amending Chapter 11 of
the Code of Ordinances, entitled "Public Works", by adding Article IX entitled "Drought
Contingency Measures" to Chapter 11 of the Code of Ordinances providing for the
regulation of water during times of water emergency.
Ord. 2009- Drought Contingency Plan.pdfAttachments:
Town Council 2 of 103 Meeting Date: July 20, 2009
July 20, 2009Town Council Meeting Agenda
10.09-241-T Items for Future Agendas.
Items for Future AgendasAttachments:
ADJOURN
* 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, July 16, 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 3 of 103 Meeting Date: July 20, 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-231-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:7/10/2009 Town Council
On agenda:Final action:7/20/2009
Title:Fire Chief Thomas to present graduation certificates to Citizen Fire Academy recipients.
Attachments:Citizen's Fire Academy.pdf
Action ByDate Action ResultVer.
Town Council 4 of 103 Meeting Date: July 20, 2009
109-231-T Version:File #:
Title
Fire Chief Thomas to present graduation certificates to Citizen Fire Academy recipients.
Town Council 5 of 103 Meeting Date: July 20, 2009
Town Council 6 of 103 Meeting Date: July 20, 2009
Town Council 7 of 103 Meeting Date: July 20, 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-232-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:7/10/2009 Town Council
On agenda:Final action:7/20/2009
Title:Discuss and take appropriate action to approve Minutes dated June 22, 2009.
Attachments:June 22, 2009 Minutes.pdf
Action ByDate Action ResultVer.
Town Council 8 of 103 Meeting Date: July 20, 2009
109-232-T Version:File #:
Title
Discuss and take appropriate action to approve Minutes dated June 22, 2009.
Town Council 9 of 103 Meeting Date: July 20, 2009
MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, June 22, 2009
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, June 22,
2009. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Susan Edstrom Council Member
Glenn Strother Council Member
Bill Rose Council Member
TOWN COUNCIL MEMBERS ABSENT:
Philip Sterling Mayor Pro Tem
Kathleen Wilson Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Lisa Hennek Town Secretary
Patricia Adams Town Attorney
Kathy DuBose Finance Director
Danny Thomas Fire Chief
Scott Kniffen Police Chief
Carolyn Huggins Planning & Zoning Manager
Adam Adams Parks and Recreation Director
A.1 Mayor White called to order and announced a quorum at 7:00 P.M.
Mayor White announced that Council member Wilson and Mayor Pro Tem Sterling would be absent. Mayor
White also stated that the items Council would be considering shall require passage of the affirmative vote
by all four members of Council present.
A.2 Fire Chief Danny Thomas offered the Invocation.
A.3 Police Chief Scott Kniffen led the Pledges.
A.4 Citizen Presentations:
Bob Radder, 1 Lee Court – Commended the Fire and Police Services, the staff and the residents who
helped with the storm clean up two weeks ago.
Mayor White commended the entire staff including the MUD employees for their diligent work in storm
cleanup and relief.
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Town Council 10 of 103 Meeting Date: July 20, 2009
Motion made by Edstrom, seconded by Strother to approve the Consent Agenda, Items B.1 and B.2.
Motion passed unanimously with any discussion.
B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, June 1,
2009.
B.2 Consent Agenda: Discuss and take appropriate action regarding an Ordinance amending the
Town's Legal Department budget for fiscal year October 1, 2008 through September 30,
2009.
TOWN COUNCIL CONVENED INTO REGULAR SESSION
*REGULAR SESSION
C.1 Discuss and take appropriate action on an update from Park Board members and staff
concerning the development of Northeast Park.
Parks and Recreation Director Adam Adams gave a brief presentation of Northeast Park. This park is the
first park scheduled for development as part of the Highlands at Trophy Club Public Improvement District
#1and will come before Council mid August. Adams anticipates the fields to be ready for play in the fall of
2010.
Mayor White questioned the alignment of the baseball fields.
Park Board Chair JD Stotts explained that only 16 acres is usable. Considering the Texas sun and layout of
the land it is not possible to have two ball fields and a multi-use field in this area. The immediate plans are
for a parking lot next to U8 baseball fields surrounded by perimeter fencing and a multi-use field. The
estimated cost of this project $489,335.
Council member Edstrom expressed concern with a dog park so close to an area where kids interact.
Edstrom feels the dog park in better suited for Trophy Club Park.
Mayor White stated that there would be a natural barrier in place because of the trees that separate the dog
park from the active use park area.
Council member Strother added that more research would need to be conducted on a dog park in this area.
No action taken, update only.
C.2 Discuss and take appropriate action regarding the Highlands Amenity Lakes and Trails.
Park Board Chair JD Stotts provided a brief explanation of his research on the lakes and trails. Mr. Stotts
questioned the Town’s acceptance standards for these areas, stating that the trails are not ADA compliant.
Mr. Stotts concluded that after several meetings with the developer, they are willing to make all of the
necessary changes. The developer has offered to walk the trail with JD Stotts to address any issues.
Town Manager Emmons provided Council with a presentation on the original trail concept and the revised
trail layout with the lakes and trails. Emmons explained that the Highlands Amenity (irrigation) Lakes and
Trails are two of the approved developer projects in the Highlands at Trophy Club Public Improvement
District #1 Service and Assessment Plan as evidenced in Exhibit “B” of the SAP. Both of these projects are
near completion, and the Town is holding funds in retainage (138K) until all outstanding issues are
resolved. The presentation included photos of the current conditions and signs posted that state certain
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Town Council 11 of 103 Meeting Date: July 20, 2009
parts of the trail are not ADA compliant. The developer has applied for a variance with the state of Texas
concerning the posted areas.
Council member Rose asked if there is any erosion concern. Town Manager Emmons stated that he did
not believe there was enough erosion to cause a sedimendation issue.
Mayor White questioned the access to the trail from other parks. Town Manager Emmons showed the
various access points for neighborhoods 5, 6 and 7 and the parking lot in Northeast Parking lot.
Merhdad Meoedyi tried to get the easement on the Northeast portion of the trail from the adjacent resident
and stated that the Town may have to condemn the property in order to acquire the easement from the
resident.
Mayor White commented about ADA standards and asked that Parks and Staff work together to define and
create specific trail standards.
Mr. Meoedyi said that the trails were built to sidewalk standards and do not have to comply to ADA
requirements because it is too costly.
Margi Cantell, 1105 Sunset Drive – Questioned if there is a savings in the PID due to the reduction of the
lakes.
Mr. Meoedyi stated that they have done everything above and beyond what they said they would do.
Council member Edstrom stated any overages are born by the developer not the residents. Staff is doing
their job appropriately.
No action taken.
C.3 Staff update regarding the 2009 Fourth of July Celebration; discussion of same.
Parks and Recreation Director Adam Adams updated the Council on the various activities that will occur
throughout the day on July 4, 2009.
Town Manager Emmons stated a portion of Parkview Drive will be closed for approximately three weeks to
accommodate the construction of this street as it is realigned with Bobcat Boulevard. The closure will begin
at the intersection of Parkview Drive and Bobcat Blvd. and extend approximately 500’ to the south. A
detour will be set up to route traffic to Trophy Club Drive, then to Durango, and onto
Parkview. Independence Park, the Trophy Club Community Pool and Medlin Middle School will only remain
accessible from the portion of Parkview that will remain open.
JD Stotts, 1 Narrow Creek Court – Questioned the 4th of July parking due to the construction on Parkview.
No action taken, update only.
C.4 Discuss and take appropriate action on the approval and expenditure of EDC4A funds in the
amount $8,770.00 to achieve safety compliance at the community pool as required by the
Virginia Graeme Baker Pool and Spa Safety Act.
Recently the State of Texas enacted the Virginia Graeme Baker Pool and Spa Safety Act which imposes
additional regulations on pool operators. The Town must be compliant with these measures, and as such,
staff requested funding from EDC4A in addition to the GASB funding provided to the Town by the Board.
EDC4A voted unanimously at their February 23, 2009 meeting to fund the project.
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Town Council 12 of 103 Meeting Date: July 20, 2009
Council member Edstrom asked why this is just now coming to Council. Adam Adams said that there is a
lot of confusion regarding this Federal Law. The Town has already taken the measures to be compliant.
Parks and Recreation Director Adams said the change has to do with the pool water volume and divided
drain suction.
Bob Radder, 1 Lee Court – Clarified that the work has already been completed.
Motion made by Edstrom, seconded by Rose to approve expenditure of EDC4A funds in the amount
$8,770.00 to achieve safety compliance at the community pool as required by the Virginia Graeme Baker
Pool and Spa Safety Act.
Motion passed unanimously with any/further discussion.
C.5 Update from staff regarding the Fiscal Year 2009-2010 Budget and basic assumptions;
setting goals and objectives and discussion of the same.
Town Manager Emmons presented the budget timeline and explained that the recent Charter changes
require that by the end of January of the current fiscal year, the Town Manager assist the Council in
developing goals and strategies for budget preparation for the next fiscal period. In order to expeditiously
incorporate the Council's priorities in the development of the 2009-2010 proposed budget, Staff created a
"Council Priority Questionnaire". The Charter also requires that the Town Manager submit to the Council a
proposed budget before the first day of August of each year. During this transition year, the results of the
questionnaire will assist the Management Team as they work together with the Town Manager in preparing
the proposed budget. Town Manager Emmons asked the Council to return the completed questionnaire by
this Friday.
Council member Edstrom suggested that the Saturday workshop not be a full day workshop and that
Council members visit with Town Manager Emmons or Finance Director Kathy DuBose prior to the
workshop to discuss their questions. Mayor White expressed concern that this would take up too much of
staff’s time.
Finance Director Kathy DuBose advised that Staff has been meeting on a weekly basis and discussing
assumptions. Staff is looking at the current service areas and is actively researching grant funding.
Mayor White asked about the performance measures listed in last year’s budget. Town Manager Emmons
responded that typically results are seen over a period of two to three years. The results will be included in
this year’s budget.
Council member Rose added that eventually the Mission Plan will need to be revised.
Mayor White said that the workshop may need to last all day in order to discuss strategy and numbers.
Council members Edstrom and Strother agreed that Council and Staff’s attention to detail begins to falter
after about four hours in budget sessions. Council needs to decide beforehand which topic they want to
discuss.
No action taken, discussion only.
C.6 Discuss and take appropriate action regarding the date for the first regular Town Council
meeting in September and Special Sessions for FY09-10 Budget discussions.
Staff recommends cancelling Council’s Regular meeting on September 7, 2009 (Labor Day). In addition, in
order to satisfy the legal requirements regarding the approval of the budget, staff also recommends the
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Town Council 13 of 103 Meeting Date: July 20, 2009
Council call Special Sessions for the following: Saturday, July 18, 2009, Monday, August 24, 2009 and
Monday, September 28, 2009.
Motion made by Edstrom, seconded by Strother to cancel Council’s Regular meeting on September 7, 2009
(Labor Day) and schedule the Special Sessions as recommended by staff.
Council will meet the following dates:
JULY
Regular – Monday, July 6 and 20
Special - Saturday, July 18 (Budget Workshop)
AUGUST
Regular – Monday, August 3 (Budget Discussion, Vote to Propose Tax Rate, Set Public Hearings on Tax
Rate as Monday, August 24 and Monday, September 14)
Regular – Monday, August 17 (Budget Discussion)
Special - Monday, August 24 (Budget Discussion – 1st Public Hearing on Tax Rate)
SEPTEMBER
Regular – Monday, September 7 (CANCELLED)
Regular – Monday, September 14 (Budget Discussion – Public Hearing on Budget and 2nd Public Hearing
on Tax Rate)
Special – Monday, September 28 (Budget and Tax Rate Adoption)
Motion passed unanimously without further discussion.
C.7 Discuss and take appropriate action regarding an Ordinance abandoning all interest in an
approximate 5,625 square foot tract of land located near the Medlin Middle School in Trophy
Club, Denton County, Texas and designated as a site for the location of a water tower; and
providing an effective date.
Town Manger Emmons stated this is the continuation of the contract approved on June 22, 2009 and the
transfer of property has to be in the form of an Ordinance. Once the Ordinance is approved, Staff will
coordinate a closing date with the title company. Town Attorney Adams explained the Ordinance handed
out includes language specifying that a survey is being conducted in order to provide a Legal Description.
Adams suggested the Council include the provisions of receipt of the Legal Description in their motion.
Motion made by Edstrom, seconded by Rose approving an Ordinance abandoning all interest in an
approximate 5,625 square foot tract of land located near the Medlin Middle School in Trophy Club, Denton
County, Texas and designated as a site for the location of a water tower; and that the final Legal
Description be provided to Council upon receiving.
Motion passed unanimously without any discussion.
C.8 Discuss and take appropriate action regarding a Resolution approving the submission of the
grant application for the Justice Assistance Grant for the 2009-20010 fiscal year and
designating the Town Manager as the authorized official for the Town.
Mayor White stated that the Justice Assistance Grant Program allows states and local governments to
support a broad range of activities to prevent and control crime and to improve the criminal justice system.
These include law enforcement programs funding equipment. There are no matching funds required for
this equipment. It will be fully funded.
Motion made by Edstrom, seconded by Strother approving a Resolution approving the submission of the
grant application for the Justice Assistance Grant for the 2009-20010 fiscal year and designating the Town
Manager as the authorized official for the Town.
5
Town Council 14 of 103 Meeting Date: July 20, 2009
Motion passed unanimously without any discussion.
C.9 Discuss and take appropriate action regarding an Ordinance repealing Section 6.01 "Rules
of Procedure" of Article VI "Town Council Rules of Procedure", of Chapter 1
"Administration", of the Code of Ordinances and adopting a new Section 6.01 "Rules of
Procedure" of Article VI, of Chapter 1, of the Code of Ordinances of the Town.
Town Attorney Adams stated that certain sections of Section 6.01 had to be amended based on the Charter
Amendment Election results.
Council member Rose suggested public under Section B. 1 be changed to in compliance with the T exas
Open Meetings Act, and that the Town Manager be added to Section B.8. Council member Rose requested
that the rules regarding attendance, outlined in Section B.3 be implemented in order to always ensure a
quorum.
Council discussed the proposed amendments suggested by Council member Rose and Section E.3,
Agenda Deadline.
Council requested the Town Attorney make the revisions discussed and bring the final revision back at the
July 6, 2009 meeting.
C.10 Items for Future Agenda.
Mayor White questioned the status of # 9, Code of Ethics of the Items for Future Agenda. Town Manager
Emmons advised that staff is still compiling examples from other cities. Mayor White requested to go on
record stating that staff’s attempt to receive twenty examples of the Ethics policy is over kill. Mayor White
questioned the status of #12 Open Record Requests. Town Manger Emmons advised that Staff is still
researching options. Under Item #7, update/celebration for the opening of th e new Bryon Nelson High
School, Mayor White and Town Manager Emmons announced that the VIP tour would be late June or early
July and an Open House was scheduled for August 7, 2009 from 5:00 – 7:00 P.M.
Steven Kohs, 18 Overhill Drive – Asked Council to direct Staff to provide a Performance Assessment
Report of the June 10, 2009 storms.
Council member Rose asked for an item to review the Town’s Mission Statement. Town Manager Emmons
explained that Council started working on the revision in November 2008 and said he would provide that
information to the Council.
TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION 9:38 P.M.
EXECUTIVE SESSION
D.1 Council to convene into executive session pursuant to Texas Government Code, Annotated,
Subchapter 551, Section 551.071 (1) and (2) "Consultation with Attorney", the Council will
enter into executive session to discuss the following:
(A) Legal advice relative to bonding, contractual, and contractor performance issues
related to infrastructure to be dedicated to the Town as part of the Highlands
Development, including potential claims, settlement, and litigation.
TOWN COUNCIL RECONVENED INTO REGULAR SESSION 10:04 P.M.
6
Town Council 15 of 103 Meeting Date: July 20, 2009
7
*REGULAR SESSION
D.2 Discuss and take appropriate action relative to Executive Session Item Number D1.
No action taken.
Mayor White questioned how changes in the Legislation are brought forth to the Council. Town Manager
Emmons said that Texas Municipal League provides a seminar every year in August. Town Attorney
Adams said that Legislative changes are made administratively, they do not require an Ordinance.
E.1 Adjourn.
Meeting adjourned at 10:07 P.M.
____________________________ ___________________________
Lisa Hennek, Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council 16 of 103 Meeting Date: July 20, 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-233-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:7/10/2009 Town Council
On agenda:Final action:7/20/2009
Title:Discuss and take appropriate action to approve Minutes dated July 6, 2009.
Attachments:July 6, 2009 Minutes.pdf
Action ByDate Action ResultVer.
Town Council 17 of 103 Meeting Date: July 20, 2009
109-233-T Version:File #:
Title
Discuss and take appropriate action to approve Minutes dated July 6, 2009.
Town Council 18 of 103 Meeting Date: July 20, 2009
MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, July 6, 2009
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, July 6, 2009.
The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Philip Sterling Mayor Pro Tem
Susan Edstrom Council Member
Glenn Strother Council Member
Bill Rose Council Member
TOWN COUNCIL MEMBERS ABSENT:
Kathleen Wilson Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Lisa Hennek Town Secretary
Patricia Adams Town Attorney
Kathy DuBose Finance Director
Danny Thomas Fire Chief
A.1 Mayor White called to order and announced a quorum at 7:00 P.M.
Mayor White announced that Council member Wilson would be absent.
A.2 Mayor Pro Tem Sterling offered the Invocation.
A.3 Council member Strother led the Pledges.
A.4 Citizen Presentations:
Motion made by Strother, seconded by Rose to approve the Consent Agenda, Items B.1 and B.2.
Motion passed unanimously with any discussion.
B.1 Consent Agenda: Discuss and take appropriate action ratifying a previously approved
Ordinance abandoning all interest in an approximate 5,625 square foot tract of land located
near the Medlin Middle School in Trophy Club, Denton County, Texas and designated as a
site for the location of a water tower, and providing a legal description for the abandoned
Medlin Site.
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Town Council 19 of 103 Meeting Date: July 20, 2009
B.2 Consent Agenda: Discuss and take appropriate action regarding an Ordinance repealing
Section 6.01 "Rules of Procedure" of Article VI "Town Council Rules of Procedure", of
Chapter 1 "Administration", of the Code of Ordinances and adopting a new Section 6.01
"Rules of Procedure" of Article VI, of Chapter 1, of the Code of Ordinances of the Town.
End of Consent
TOWN COUNCIL CONVENED INTO REGULAR SESSION
*REGULAR SESSION
C.1 Discuss and take appropriate action to approve financials and variance report dated:
a. May 2009
Town Manager Emmons explained that the May 2009 monthly financial report is presented in a format that
provides the comparison of monthly and year to date actual amounts to the current fiscal year budget. The
accompanying variance report provides an explanation of actual fiscal year to date revenues and
departmental expenditures which vary more than 10% from the percent of the fiscal year lapsed.
Mayor White confirmed that the sales tax comparison to prior years is approximately 5% over the prior
year for the same month. Town Manager Emmons confirmed that the quarterly financials will be
presented next month.
Motion made by Edstrom, seconded by Strother to approve the financials and variance report dated May
2009.
Motion passed without further discussion.
C.2 Update regarding Charter Amendments and three noted variances; discussion of same.
Council member Rose requested an Executive Session for legal advice regarding the Charter variances.
Mayor White suggested that Council table this item until the end of the meeting. Noting no objections, this
item was tabled.
Following Item C.7 Items for Future Agenda Council convened into Executive Session at 7:58 p.m.
Council reconvened into Regular Session at 8:15 p.m.
Town Attorney Adams explained that the Charter amendments are complete. Based upon the election
results, the following are three variances in Charter language: Section 3.06 (Prop. # 9 and 19), Section
5.01 Sub-section (e) (Prop. # 4 and 13) and Section 6.01(Prop. # 4 and 14).
Adams said that Staff has an administrative duty to show the amendments as passed by the voters and
explained the two formatting options. One option is to show both amendment variances in separate
sections, similar to the format of the proposition. The second option is to show the amendment variances
in bold, strike-through as presented in the handout prepared by Council member Rose.
Council member Rose confirmed that the variances could not be integrated into one. Rose stated his
preference for the variances to be shown in bold, strike-through in the final document.
Council member Edstrom is in favor of showing both as passed in each Proposition and re-numbering the
variances accordingly.
Mayor Pro Tem Sterling suggested seeing examples of both prior to making a decision.
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Town Council 20 of 103 Meeting Date: July 20, 2009
Council member Strother suggested an annotation, or Editor’s Note with a brief explanation.
Mayor White feels that bold strike-through helps see what has been changed.
Staff will bring back this item showing the amendment variances in separate sections and renumbered and
in bold, strike-through bold in order for Council to determine the final format. Additionally, Staff will present
an Ordinance regarding renumbering certain sections of the Charter due to variations in the amendments
resulting from the May 9, 2009 Charter Amendment Election.
Update only, no action taken.
C.3 Discuss and take appropriate action regarding the schedule and format of the Saturday,
July 18, 2009 Budget workshop.
Town Manger Emmons asked the Council to clarify their intent for the workshop format and discussion.
Mayor White suggested spending the first few hours reviewing the strategy and goals, moving into the five
year capital plan and then ending with specific budget items and how they address the specific goals.
Town Manager Emmons suggested a precise and stringent four to five hour workshop with a scheduled
start and end time.
Mayor White’s preference is to start early and would like a good agenda so that Council does not roam
around.
Council member Rose’s preference is 8:00 or 9:00 a.m., ending once strategy and goals have been
discussed.
Council member Strother’s preference is mid-morning and only a four or five hour workshop.
Mayor Pro Tem Sterling’s preference is to start bright and early and feels long workshops are counter
productive. Mayor Pro Tem Sterling has obligations in the afternoon and would not be able to stay past
11:00 a.m.
Council member Edstrom’s preference is a 9:00 a.m. start time. Edstrom requested a specific end time as
to be respectful of Staff’s and Council’s weekend.
Mayor White suggested 8:30 a.m. to 1:30 p.m. Town Manager Emmons said Staff’s goal is to have the
budget packet complete by Friday, July 10, 2009.
C.4 Discuss and take appropriate action regarding a Resolution amending Resolution No. 2008-
23 appointing Council member liaisons to EDC-4A and the Parks and Recreation Board in
order to fill vacancies in those positions resulting from the May, 2009 election.
New Council liaisons need to be appointed to replace former Council member Jim Moss on the EDC4A
and Parks and Recreation Board.
Council member Rose said that he has temporarily stepped into the liaison capacity for the Parks and
Recreation and EDC-4A Board.
Council member Edstrom requested to be appointed as the Parks and Recreation Board primary liaison.
Mayor Pro Sterling volunteered to be the back-up for EDC-4B.
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Town Council 21 of 103 Meeting Date: July 20, 2009
Motion made by Edstrom, seconded by Rose to appoint Council member Rose as EDC4A’s primary liaison
and to appoint Susan Edstrom as the Parks Board primary liaison and Bill Rose as the Park Board
secondary liaison.
Motion passed without further discussion.
C.5 Discuss and take appropriate action regarding the implementation of pre-Council meeting
workshops.
Mayor White said that this would give the Council the opportunity to discuss items on the Consent Agenda.
The intent of a workshop is to ask questions, receive information, and discuss items on the agenda without
the constraints of parliamentary procedure. Mayor White has talked to other cities regarding workshop
session and suggested the workshops be held in the Public Services Conference Room for an informal
round table discussion.
Council member Edstrom said that the Town Council previously used workshops sessions to receive
information prior to the regular Council meeting. Edstrom feels meetings that start prior to 7:00 p.m.
precludes citizen input and does not serve value as the same questions are asked in both the workshop
and Regular Session. However workshops for discussions regarding items that require education, i.e. gas
wells are beneficial.
Mayor Pro Tem Sterling agreed and said workshops for some items are beneficial and unproductive on
others.
Council member Strother agreed and suggested that a workshop be added to meeting only when
necessary. Strother requested that Council receive a draft copy of the agenda in order to determine if
there is an item they would like to discuss in a workshop session.
Council member Edstrom is vehemently opposed to conducting the workshops in the Public Services
Conference Room given the appearance of circumventing public input. Edstrom stated that the Council
needs to compare the Town’s commercial development to other cities and why pre-council workshops are
necessary in other cities as opposed to the Town. Edstrom requested the Council be careful should they
decide to implement pre-council workshops.
Mayor White clarified her intentions are not to circumvent public input and suggested the Public Services
Conference Room in order to provide a round table atmosphere. White suggested that the Council review
the agenda and let Town Manager Emmons know if a workshop is necessary.
No action taken, input only.
C.6 Discuss and take appropriate action regarding an Agreement between Travelers Casualty,
the surety company providing bonding for portions of the Highlands development, High
Trophy Development, the developer, and the Town as a result of a contractor default,
providing for the takeover and completion of certain improvements by a new contractor,
and providing performance, payment and maintenance bonds as required by the Town's
regulations.
In April 2009, Four D Construction notified High Trophy Development LP that it would not be able to
complete the contract for portions of the Highlands at Trophy Club Development. The Surety has agreed
to enter into contract negotiations with E.L. Burns Inc. to complete the unfinished portions of the
development contract. All bonds currently in place will remain in full force.
Town Manager Emmons noted two changes and asked Town Attorney Adams to speak to the Addendum.
4
Town Council 22 of 103 Meeting Date: July 20, 2009
5
Town Attorney Adams explained the two changes; one is the change the deadline to start the work from
ten to seven days and the other is to change the venue from Tarrant to Denton County.
Council member Strother questioned if Travelers is going to reissue the warranty bonds. Lee Veness,
attorney from Shamoun and Norman stated that they will receive a written guarantee from Travelers to
ensure the same level of service.
Motion made by Edstrom, seconded by Rose approving the Agreement between Travelers Casualty and
Surety Company, ("surety"), and the Town of Trophy Club, for portions of the Highlands of Trophy Club,
the Agreement and Addendum.
Motion passed without further discussion.
C.7 Items for Future Agenda.
Mayor White asked if Council wished to move any of the items listed forward.
Town Manager Emmons said that several items are forth coming and that Staff is currently working on
several of the items
Mayor White requested # 9, Discuss and take appropriate action regarding Code of Ethics , come before
Council the first meeting in August.
Mayor Pro Tem Sterling asked that the items be more specific.
Council member Strother ask if the Town was planning anything other than the events planned by the
NISD under #7, Discuss and take appropriate action regarding an update/celebration for the opening of the
new Bryo n Nel son Hi gh School . Town Manager Emmons advised that Staff is working with NISD
regarding an event in November.
Mayor White commended Staff and the community for the July 4th Celebration.
Council convened into Executive Session at 7:58 P.M. to receive legal advice regarding Item C.2.
Upon convening into Regular session at 8:28 P.M. , no action was taken in reference to Item C.2.
D.1 Adjourn.
Motion made be Sterling, seconded by Edstrom to adjourn.
Meeting adjourned at 8:30 P.M.
____________________________ ___________________________
Lisa Hennek, Town Secretary Connie White, Mayor
Town Council 23 of 103 Meeting Date: July 20, 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-244-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:7/15/2009 Town Council
On agenda:Final action:7/20/2009
Title:Discuss and take appropriate action to establish pooled cash accounts for the Town and MUD1 at
First Financial Bank and Texpool, naming authorized representatives.
Attachments:
Action ByDate Action ResultVer.
Town Council 24 of 103 Meeting Date: July 20, 2009
109-244-T Version:File #:
Title
Discuss and take appropriate action to establish pooled cash accounts for the Town and MUD1 at First Financial Bank
and Texpool, naming authorized representatives.
Body
Explanation:
One of the most highly utilized cash management efficiency practices is that of pooling cash accounts. This process
consolidates cash into a single bank account and allows the financial accounting system to allocate each separate fund
and/or entity's portion of the cash balance. Some of the advantages of moving to this widely accepted best practice
include the ability to easily identify cash available for short term investment, the ability to generate only one check for
expenses charged to multiple fund accounts, the elimination of cash transfers between multiple accounts, and the need to
reconcile only one bank account. Currently the Town and Municipal Utility District maintain numerous bank accounts as
well as Texpool investment accounts, the management of which is very labor intensive. In fact, we currently have to
process reversing entries to modify the system generated journal entries associated with cash pooling for accounts
payable and payroll.
As discussed at their July 14, 2009 board meeting, the Municipal Utility District #1 (MUD#1) Board agreed that with
sufficient internal controls to ensure that one entity could not "overspend" or "use" cash that was not allocated to them,
the consolidation of cash in one bank account with the Town was beneficial. The authorized representatives will reflect
those currently authorized to sign on the current payroll account whereby Town and MUD employees are paid from one
bank account. Those representatives/signatories include the Town Manager, Assistant Town Manager, Town Secretary,
and Director of Finance.
Recommendation:
Recommend approval.
Town Council 25 of 103 Meeting Date: July 20, 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-234-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:7/10/2009 Town Council
On agenda:Final action:7/20/2009
Title:Discuss and take appropriate action regarding the approval of an Agreement for Professional
Engineering Services with Halff Associates, Inc. for the Trophy Club Pedestrian/Bicycle Sidewalk
Project relating to the Safe Routes to School Grant in an amount not to exceed $49,986.00, and
authorizing the Mayor or her designee to execute necessary documents.
Attachments:RFQ Submittals
SRTS Proposal with comments by Legal
Action ByDate Action ResultVer.
Town Council 26 of 103 Meeting Date: July 20, 2009
109-234-T Version:File #:
Title
Discuss and take appropriate action regarding the approval of an Agreement for Professional Engineering Services with
Halff Associates, Inc. for the Trophy Club Pedestrian/Bicycle Sidewalk Project relating to the Safe Routes to School Grant
in an amount not to exceed $49,986.00, and authorizing the Mayor or her designee to execute necessary documents.
Body
EXPLANATION:
Request for Qualifications (RFQs) for the furnishing of Professional Engineering Services to provide engineering design
and plan work for pedestrian/bicycle sidewalks, barrier-freeramps, crosswalks, curb inlets, and paving improvements
relating to the Safe Routes To School (SRTS) Grant were received on June 5, 2009.
SUMMARY OF WORK:
Provide Professional Engineering design and plan work for the construction of approximately 51,000 square feet
(approximately 8,483 linear feet) of 4’ x 4” reinforced concrete sidewalks, approximately 58 barrier-free curbs,
approximately 8 crosswalks, applicable erosion control measures, traffic control plan and miscellaneous adjustments
relating to the Safe Routes To School (SRTS) Program.
RECOMMENDATION:
Staff recommends entering into a contract Halff and Associates, Inc
Town Council 27 of 103 Meeting Date: July 20, 2009
RFQ SUBMITTALS
Friday, June 5, 2009 - 3:00 p.m.
REQUEST FOR QUALIFICATIONS (RFQ)
RFQ #05-08-SRTS
FOR PROFESSIONAL ENGINEERING SERVICES
FOR PEDESTRIAN/BICYCLE SIDEWALKS FOR
SAFE ROUTES TO SCHOOL (SRTS) GRANT PROGRAM
NAME
Pacheco Koch Consulting Engineers
SPI (Schaumburg & Polk, Inc.)
Hydro Tech Engineering, Inc.
Halff Associates, Inc.
TRC Environmental Corporation
Nathan D. Maier, Consulting Engineers, Inc.
ARS Engineers, Inc.
MJ Thomas Engineering, LLC.
Jacobs
JBI Partners
Adams Engineering
Huitt-Zoliars
Neel-Schaffer, Inc.
BWR (Bucher, Willis &Ratliff Corporation)
Teague Nall and Perkins
DeOtte, Inc.
CEI Engineering Assoc. Inc.
Town Council 28 of 103 Meeting Date: July 20, 2009
Town Council 29 of 103 Meeting Date: July 20, 2009
Town Council 30 of 103 Meeting Date: July 20, 2009
Town Council 31 of 103 Meeting Date: July 20, 2009
Town Council 32 of 103 Meeting Date: July 20, 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-235-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:7/10/2009 Town Council
On agenda:Final action:7/20/2009
Title:Discuss and take appropriate action regarding an Ordinance approving a change in the tariffs of
ATMOS Energy Corporation, MId-Tex Division, as a result of a settlement between ATMOS and the
ATMOS Texas Municipalities, and providing an effect date.
Attachments:ATMOS Informational Sheet
ATMOS Amended Tariffs
Ord. 2009- ATMOS Tariffs.pdf
Action ByDate Action ResultVer.
Town Council 33 of 103 Meeting Date: July 20, 2009
109-235-T Version:File #:
Title
Discuss and take appropriate action regarding an Ordinance approving a change in the tariffs of ATMOS Energy
Corporation, MId-Tex Division, as a result of a settlement between ATMOS and the ATMOS Texas Municipalities, and
providing an effect date.
Town Council 34 of 103 Meeting Date: July 20, 2009
AGENDA INFORMATION SHEET
ITEM NO.
AMENDED ATMOS’ TARIFFS
EFFECTIVE AUGUST 1, 2009
BACKGROUND
On March 6, 2009 Atmos filed with the City Secr etary for an increase of about $24 million but
the net increase was ap proximately $15 million due the termination of a charge fro m the 2007
Rate Review Mechanis m of $9 m illion. The C ity pa rticipated in the review of the filing as a
member of the Atm os Texas Municipalities (“ ATM”), a coalition of over f ifty cities. ATM’s
experts spent alm ost four m onths asking At mos f or inform ation and interv iewing Atm os’
management about various cost-related issues.
SETTLEMENT
On June 10, 2009 ATM , lead by Connie Standridge , City Manager for Corsicana, m et with the
Atmos’ negotiating team. ATM offered to s ettle for a n et increase of $2.6 m illion. About ten
days later Atmos agreed to the settlement offer. For typical residential cu stomers it means that
rates would increase by 15 cents per m onth. ATM al so agreed to a change in the Gas Cost
Recovery (“GCR”) tariff in order to allow certain costs related to financia l hedging of gas costs
to be in cluded in pe riodic fuel adjustments. AT M also agreed to a chan ge in the Conservation
Energy Efficiency (“CEE”) tariff to allow for conservation measures up to $1,500 per household.
This program is limited to senior citizens and customers of modest means. The settlement allows
for less than 18% of Atmos’ requested net increa se to be implemented. The new rates would take
effect on August 1, 2009.
RECOMMENDATION
The ATM Steering Committee recommends the adoption of the attached tariffs which have been
reviewed by its rate experts.
Town Council 35 of 103 Meeting Date: July 20, 2009
Town Council 36 of 103 Meeting Date: July 20, 2009
Town Council 37 of 103 Meeting Date: July 20, 2009
Town Council 38 of 103 Meeting Date: July 20, 2009
Town Council 39 of 103 Meeting Date: July 20, 2009
Town Council 40 of 103 Meeting Date: July 20, 2009
Town Council 41 of 103 Meeting Date: July 20, 2009
Town Council 42 of 103 Meeting Date: July 20, 2009
Town Council 43 of 103 Meeting Date: July 20, 2009
Town Council 44 of 103 Meeting Date: July 20, 2009
Town Council 45 of 103 Meeting Date: July 20, 2009
Town Council 46 of 103 Meeting Date: July 20, 2009
Town Council 47 of 103 Meeting Date: July 20, 2009
Town Council 48 of 103 Meeting Date: July 20, 2009
Town Council 49 of 103 Meeting Date: July 20, 2009
Town Council 50 of 103 Meeting Date: July 20, 2009
ORDINANCE NO. 2009-
A ORDINANCE OF THE TOWN OF TROPHY CLUB
APPROVING A CHANGE IN THE TARIFFS OF ATMOS
ENERGY CORPORATION, MID-TEX DIVISION (“ATMOS”)
AS A RESULT OF A SETTLEMENT BETWEEN ATMOS
AND THE ATMOS TEXAS MUNICIPALITIES (“ATM”);
FINDING THE RATES SET BY THE ATTACHED TARIFFS
TO BE JUST AND REASONABLE; FINDING THAT THE
MEETING COMPLIED WITH THE OPEN MEETINGS ACT;
DECLARING AN EFFECTIVE DATE; AND REQUIRING
DELIVERY OF THE ORDINANCE TO THE COMPANY
AND LEGAL COUNSEL
WHEREAS, the Town of Trophy Club (“Town”) is a regulatory authority under the
Gas Utility Regulatory Act (“GURA”) and under § 103.001 of GURA has exclusive
original jurisdiction over Atmos Energy Corporation – Mid-Tex Division (“Atmos”) rates,
operations, and services of a gas utility within the municipality; and
WHEREAS, the Town has participated in prior cases regarding Atmos as part of
a coalition of cities known as the Atmos Texas Municipalities (“ATM”); and
WHEREAS, pursuant to the Rate Review Mechanism (“RRM”) for 2008 Atmos
filed with the Town Secretary on March 6, 2009 for an increase in rates of $24,047,441
with an offset of $9 million at the expiration of the 2007 true-up resulting in a net
increase of $15,047,441; and
WHEREAS, for almost four months the experts representing ATM have been
analyzing data furnished by Atmos and interviewing Atmos’ management; and
WHEREAS on June 26, 2009, ATM and Atmos entered into a settlement
agreement which provided for a net increase of $2.6 million. This will cause rates to
increase by 15 cents per month for a typical residential customer; and
WHEREAS, the net increase is approximately 17% of the total amount
requested; and
WHEREAS, slight changes were agreed to by ATM to the Gas Cost Recovery
tariff and the Conservation Energy Efficiency tariff; and
WHEREAS, the Steering Committee of ATM and its lawyers recommend
approval of the attached tariffs, set forth as Attachment A.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB THAT:
Town Council 51 of 103 Meeting Date: July 20, 2009
Section 1. That the statements set out in the preamble to this Ordinance are
hereby in all things approved and adopted.
Section 2. The amended tariffs in Attachment A are hereby adopted to
become effective on August 1, 2009.
Section 3. The meeting at which this Ordinance was approved was in all
things conducted in strict compliance with the Texas Open Meetings Act, Texas
Government Code, Chapter 551.
Section 4. This Ordinance shall become effective from and after its passage.
Section 5. A copy of this Ordinance shall be sent to Atmos Mid-Tex, care of
Joe T. Christian, Director of Rates, at Atmos Energy Corporation, 5420 LBJ Freeway,
Suite 1800, Dallas, Texas 75204, and to Jim Boyle, Counsel to ATM, at Herrera &
Boyle, PLLC, 816 Congress Avenue, Suite 1250, Austin, TX 78701.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this 20th day of July, 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 52 of 103 Meeting Date: July 20, 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-237-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:7/10/2009 Town Council
On agenda:Final action:7/20/2009
Title:Discuss and take appropriate action regarding Open Record Requests procedures and associated
costs.
Attachments:ORR Policy.pdf
Service Request Report.pdf
Report by Requester Number.pdf
36 Hour Rule Information.pdf
Action ByDate Action ResultVer.
Town Council 53 of 103 Meeting Date: July 20, 2009
109-237-T Version:File #:
Title
Discuss and take appropriate action regarding Open Record Requests procedures and associated costs.
Body
The purpose of the item is to discuss implementation of the 36 hour rule which will allow for charges to be accessed to
the requester for accumulation of time over 36 in one fiscal year. Additionally it will provide an opportunity for Council to
review procedures recently implemented to track all requests submitted.
Town Council 54 of 103 Meeting Date: July 20, 2009
Policy: Public Information
Source:
Category: Open Records
Effective Date: May 24, 2006
Revised Date: April 8, 2009-2
I. Purpose
In order to ensure complianc e with state law governing requests for public information,
the following procedures have been establis hed for the processing of all requests f or
public information received by the Town.
II. Process
1. The Records Management Officer is res ponsible for oversight of requests for
public inf ormation and f or ens uring tim ely com pliance with s tate law
requirements for response to those requests. T he Town has a maximum of ten
(10) business days to respond; how ever, that does not mean that w e are
allowed to w ait until the tenth (1Oth) business day to respond. We are
required either (1) to tim ely fill the response within that maximum ten (10)
business day period or (2) request a le gal opinion from th e Texas Attorney
General regarding the requirem ent to disclose the requested infor mation. The
request to the Attorney Ge neral must specify the legal basis for nondisclosure and
must be completed within the ten (10) business day period.
2. On the same day that a request for public info rmation is received, the recip ient
must immediately forward the original c opy of the request, or forward the em ail
request where applicable, to the Records Management Officer for processing and
tracking. If the recipient of the reque st is th e person who has access to or
possession of the requested docum ents, th en the recipient should m ake a copy so
that he/she can gather the docum ents necessary to com ply with the request;
however, the original must always be forwarded to the Records Managem ent
Officer. After gathering all of the responsive docum ents, those documents m ust
be forwarded to the Records Managem ent Officer who will complete the process
and provide the documents to the requestor. All responsive docum ents must be
submitted to the Record s Management Officer within four (4) business days of
receipt of the request. Again, the four (4) business day time limitation is the
outer limit and does not mean that we are a llowed to wait until th e fourth
business day to respond. (Under those circumstances in which the recipient can
immediately fill the req uest, the recipient is to provide th e copy to the requesto r
and then send both a copy of the request and a copy of the r esponsive information
provided to the Records Managem ent Offi cer prior to the close of business the
same day.)
Upon receipt of a requ est for records, the Records Mana gement Officer will calendar
the request and work with appr opriate staff members to obta in responsive documents.
Town Council 55 of 103 Meeting Date: July 20, 2009
The Records Managem ent Officer will m ake all copies and pr ovide the responsive
documents to the requestor.
3. Departments such as Planning and Z oning and Comm unity Developm ent that
keep multiple copies of ordinances or resolutions availab le in their r espective
work areas for builders, developers, or other members of the public can continue
to provide copies of those docum ents to the public without requiring a written
request for records. If a department is providing a copy of an ordinance or
resolution that the dep artment does not normally keep multiple co pies of f or
distribution to the public, then the request or should be requir ed to complete a
public information request form. The reas on for requiring the request f orm is to
document that the request was timely filled by the Town. These documents m ay
also be provided without going through the Records Management Officer.
4. The Police Departm ent will con tinue to proc ess reques ts for acciden t reports
directly without going through the Reco rds Managem ent Officer. T he Police
Department must still require a written request and must maintain an ongoing log
of those requests identifying the nam e of the requestor, the accident repo rt
requested, the date the request was rece ived, and the date the docum ents were
provided to the requestor. The Police De partment may also continue providing
the “first page” information from other types of offense reports.
5. Town staff does not have the authority to refuse to accept an open records request
or to require that a requestor return on or resubmit a request on a subsequent date
when either the Records Management Officer or other staff members is available.
If a staff member receives a verbal request, he/she shoul d ask that that request be
submitted in writing and forward it to the Records Management Officer. If a staff
member receives a written op en record s request, the steps outlined in Item
Number 2 above should be followed. There are NO circumstances under which an
open records request may be refused. Ev en if the Town does not m aintain the
requested records, the request must be processed through the Records
Management Officer.
6. When in doubt, contact the Records Management Officer or Town Attorney.
III. Inquiry on Requests for Information
Any one (council member, mud director, employee and/or resident) wishing to know the
identity of a requester of an request for information will need to submit an open records
request that will be completed after the original request has been filled and released.
Town Council 56 of 103 Meeting Date: July 20, 2009
Service Request
Generated on 7/13/09 7:07 PM
#1
Due Date 4/20/09 4:00 PM
Description Requesting all MUD audios currently on the server.
Status Closed
Category Meeting/Audio
Total Task time 00:00
#2
Due Date 4/20/09 4:11 PM
Description Please provide me with a copy of all solicitor permits issued since 2003 for all food vendors; including but not
limited to all vendors who prepare food and all vendors who sell pre-packaged foods. Please include stationary,
pedestrian and mobile vendors.
Status Closed
Category Permitting/Solicitation Permits
Total Task time 00:00
#3
Due Date 4/20/09 4:12 PM
Description I need to get a copy of my police report so I may start the process of getting a new drivers license and ss card.
Offier Rocha helped me and my report number is: 09-24909 Thank you for you assistance. Karyn
Status Closed
Category Police/Incident Report
Total Task time 00:45
#4
Due Date 4/20/09 4:13 PM
Description Background check on Bryce James Geen
Status Closed
Category Police/Background Check
Total Task time 00:00
#5
Due Date 4/20/09 4:15 PM
Description Would you please provide me with the information regarding info accusing me of calling a defendant on April 1,
2009 regarding the disposition of his case. I would like the name of the defendant, Docket #, and the person who
furnished Lisa with this accusation.
Status Closed
Category General Request/Other
Total Task time 01:00
Generated by Ilient SysAid Page 1 of 18
Town Council 57 of 103 Meeting Date: July 20, 2009
#6
Due Date 4/20/09 4:16 PM
Description All emails doing MUD business including that of the Consolidation Task Force from Jim Thomas to Jim Hase for
the date of 2-25-2009. All Emails from Jim Hase to Jim Thomas included for the date of 2-25-2009. These emails
will include emails sent and received using Town email addresses and the following email addresses,
jshase@charter.net and jimthomas7777@AOL.com and any other personal emails not listed in this request.
Status Closed
Category Correspondence/E-mail
Total Task time 00:00
#7
Due Date 4/20/09 4:17 PM
Description I would request a copy of the video tapes for the following Master Mud Meetings.
August 14, October 9, and December 11, all for the year 2008.
Status Closed
Category Meeting/VHS
Total Task time 00:00
#8
Due Date 4/20/09 4:18 PM
Description I am requesting a complete copy of the audio tape of the MUD 2 district meeting from April 1, 2009
Status Closed
Category Meeting/Audio
Total Task time 00:00
#9
Due Date 4/22/09 11:24 AM
Description Brandon, would you please send me a copy of your power point slides from last night's Town Council meeting on
both the budget shortfall plans and the plan to pay the former MUD 2's fire taxes and water bond taxes.
Status Closed
Category Meeting/Other
Total Task time 00:00
#10
Due Date 4/17/09 5:05 PM
Description Requesting al documentation/correspondence between Mary Moore and the Texas State Library and Archive
Commission between the dates of January 1, 2009 and April 1, 2009 and Copy of MUD 2 April 1, 2009 Meeting
Audio.
Status Closed
Category Correspondence/Other
Total Task time 00:00
#11
Due Date 4/23/09 12:08 PM
Description requesting incident report 20900042.
Status Closed
Category Police/Incident Report
Total Task time 00:30
Generated by Ilient SysAid Page 2 of 18
Town Council 58 of 103 Meeting Date: July 20, 2009
#12
Due Date 4/27/09 12:16 PM
Description Police Report on a DWI, I was arrested on Jan 8, 2009 by Officer J Schmidt at 2112 hours. He arrested me on
Indian Creek in the church parking lot.
Status Closed
Category Police/Incident Report
Total Task time 00:15
#13
Due Date 4/27/09 10:59 AM
Description Hi. I understand first filings were due last week. Can I please get copies of the financial filings for the following:
Connie White
Kathleen Wilson
Bill Rose
Citizens PAC for MUD Consolidation
Status Closed
Category General Request/Other
Total Task time 00:00
#14
Due Date 4/28/09 11:14 AM
Description Any e-mail, phone calls, fax and correspondence between MUD Directors , MUD staff and MUD Attorneys
relating to billing, invoicing and future billing and invoicing of legal fees.
The period should cover October 1st 2008 to April 15th, 2009.
Status Closed
Category Correspondence/Other
Total Task time 02:15
#15
Due Date 4/29/09 11:16 AM
Description Requesting all citations and warnings issued to Philip Mahoney and/or the vehicle as follows: 2003 Silver Acura,
Plate No. R64CZR, covering any violations of state law or municipal ordiance.
Status Closed
Category Police/Citation
Total Task time 00:00
#16
Due Date 4/29/09 11:19 AM
Description I here by request a copy of all notes, e-mails,letters,handouts,power points used by the town council, town staff,
town attorney and Mayor that pertained to the takeover of MUD1 or MUD 2 or the Master District, the merging of
the MUD's including all meeting notes for meetings with third parties pertaining to the same. the dates to be
covered are 10/1/2008 thru april 15th 2009.
Status Closed
Category Correspondence/Other
Total Task time 53:15
Generated by Ilient SysAid Page 3 of 18
Town Council 59 of 103 Meeting Date: July 20, 2009
#17
Due Date 4/29/09 11:20 AM
Description I do hereby formally request the audio and/or video recordings of all MUD meetings conducted on April 14th
along with any printed copies handed out to directors at the meetings and any electronic copies of any
information that was provided to any and all MUD Directors as related to these meetings that was provided prior
to or during the meetings related to any item on the meeting agenda. This includes MUD 1, MUD 2 and Master
District. I request all information be placed on a CD or DVD.
Status Closed
Category Meeting/Other
Total Task time 00:30
#18
Due Date 4/29/09 11:25 AM
Description Requesting a copy of all records pertaining to case #20500389 reference Miranda Thomas. Including autopsy
reports, photos, crime reports, investigative reports and witness interviews, videos any interviews pertaining to
the case and all materials that involve the case.
Status Closed
Category Police/Incident Report
Total Task time 11:00
#19
Due Date 5/1/09 6:43 PM
Description I am requesting election filing reports with financial reports from Connie White, Joe Boclair, Kathleen Wilson, and
Bill Rose. These are the reports filed within the last 10 d ays. This can be provided in electronic form if available.
Status Closed
Category General Request/Other
Total Task time 00:30
#20
Due Date 5/1/09 6:59 PM
Description Request amount of legal fees the Town of Trophy club has paid, obligate to pay and/or received billing from any
attorney, legal firm or consultant (including but not limited to any Hayes Firm attorney, Julia Pondery or any
attorney working with her or other attorney) from October 1 2008 through April 16 2009 regarding Town of
Trophy Club and MUD1 or MUD2 legal issue. Also include salary and overtime or any compensation paid to
Patricia Adams for same time period.
Status Closed
Category General Request/Budget Information
Total Task time 00:15
#21
Due Date 5/1/09 7:04 PM
Description Any form of communication not limited to fax, email, interoffice and presentations regarding funds received by
MUD1 or MUD2 from PID by any Town of Trophy Club employee, consultant or legal attorney.
Status Closed
Category General Request/Other
Total Task time 01:45
#22
Due Date 5/5/09 5:00 PM
Description Requesting any calls of complaints on 39 Panorama Circle from Jan 09 - Present
Status Closed
Category Police/Other
Total Task time 00:45
Generated by Ilient SysAid Page 4 of 18
Town Council 60 of 103 Meeting Date: July 20, 2009
#23
Due Date 5/4/09 9:54 AM
Description Requesting Police Report at Walgreens that regards Robyn Ray on 041809 and also for a prior incident report
with this same person about a year ago when Robyn Ray hit a pole in the parking lot at Walgreens
Status Closed
Category Police/Incident Report
Total Task time 00:45
#24
Due Date 5/5/09 10:14 AM
Description Information Requested:
Type of Report: Incident
Report Number: 12211
Name(s) of victim(s) or person(s) filing report: Deborah C. Wilkin
Date of accident/incident: 4/17/09 (estimate)
Location of accident/incident: 106 Forest Hill Dr. Trophy Club, TX.
Description of Information Requested: Hello,
My name is Jon Wilkin I attend Indiana University at the Kelley School of Business, I'm a senior. I'm not in Texas
now so I'm asking if you could please send me a copy of the police report involving my mom to my e-mail
address, I am very concerned about this incident, thanks so much for your help.
Status Closed
Category Police/Incident Report
Total Task time 00:30
#25
Due Date 5/5/09 10:22 AM
Description Requesting true and correct copies of any and all docuements (including photographs) relating to any and all
incidents at the residence which have been generated by the Trophy Club Police Department - 230 Fresh
Meadow, Trophy Club
Status Closed
Category Police/Incident Report
Total Task time 03:00
#27
Due Date 5/6/09 10:28 AM
Description Requested Information:
I request all travel and expense reports for all elected officials and employees regarding Denton County Day in
Austin Texas.
Also, copies of all bills paid directly or indirectly by the Town regarding Denton County Day, in Austin, Texas.
Copies of all written and electronic communications and any presentations used or circulated while attending
Denton County Day by any elected representative of the Town, Town employee or anyone acting on behalf of the
Town.
Status Closed
Category General Request/Other
Total Task time 00:15
Generated by Ilient SysAid Page 5 of 18
Town Council 61 of 103 Meeting Date: July 20, 2009
#28
Due Date 5/8/09 1:34 PM
Description I'd like a copy of the police report/notations regarding Bob Radder's complaint against Jim Hase. I assume they
chose not to pursue it & would like such documentation
Status Closed
Category Police/Incident Report
Total Task time 00:45
#29
Due Date 5/8/09 2:18 PM
Description Requesting Incident report 20900109
Status Closed
Category Police/Incident Report
Total Task time 01:15
#30
Due Date 5/12/09 7:35 AM
Description All memoranda, emails, meeting minutes or draft of minutes held by any Town of Trophy Club officials,
employees or elected representatives, including any MUD Directors regarding the meetings between the Town
Manager and the Fellowship United Methodist Church regarding the purchase of land own by the church.
Status Closed
Category General Request/Other
Total Task time 04:30
#31
Due Date 5/12/09 9:47 AM
Description Requesting:
1.copy of policies and procedures manual(s) concerning DWI arrests.
2.Information on employee: OFFICER KEITH GREEN
3. total number of DWI arrests made by your employee since their hire date as a police offier
4. Copy of all computer aided dispatch data and moble data termina transmissions involving your employee Keith
Green, regarding incidents that occured on February 17, 2009 between the hours of 9p and 12a.
Status Closed
Category Police/Other
Total Task time 00:30
#32
Due Date 5/12/09 9:57 AM
Description 1. Requesting patrol car video unit 800 and 801 on 12-14-2008 at 1319 hours to 1419 hours (officers Sullivan
and Montgomery).
2. Phone Records for patrol phones 1,2 and 3 from August 208 - March 2009)
Status Closed
Category Police/Other
Total Task time 06:00
#33
Due Date 5/12/09 2:30 PM
Description Requesting the names of all officers terminated and/or officers who resigned pending and/or due to an internal
affairs investigation in the following years: 2007. 2008, 2009
Status Closed
Category Police/Other
Total Task time 00:45
Generated by Ilient SysAid Page 6 of 18
Town Council 62 of 103 Meeting Date: July 20, 2009
#34
Due Date 5/14/09 1:27 PM
Description Would you please send the 3/26 - 4/25 new resident list?
Status Closed
Category General Request/New Resident List
Total Task time 00:15
#35
Due Date 5/14/09 1:32 PM
Description All phone records for January 26, 2009 including office and cell phone records for Town Manager, Assit
Manager, Town Attorney, MUD District Manager and Town HR Manager.
Status Closed
Category General Request/Other
Total Task time 02:15
#36
Due Date 5/11/09 7:36 PM
Description Requesting incidet report 0931687
Status Closed
Category Police/Incident Report
Total Task time 00:15
#37
Due Date 5/15/09 7:42 PM
Description Requesting voter list
Status Closed
Category General Request/Voters List
Total Task time 00:30
#38
Due Date 5/15/09 8:06 PM
Description Please send me the dsc list for those who have tickets and have requested defensive driving.
Status Closed
Category Court/Defensive Driving List
Total Task time 00:00
#39
Due Date 5/18/09 8:27 AM
Description Campaign flings - all PACs and two Mayor Candidates
Status Closed
Category General Request/Other
Total Task time 00:15
#40
Due Date 5/18/09 8:30 AM
Description Would you also forward me Nick's Campaign Finance Report when you have the time?
Status Closed
Category General Request/Other
Total Task time 00:30
Generated by Ilient SysAid Page 7 of 18
Town Council 63 of 103 Meeting Date: July 20, 2009
#41
Due Date 5/18/09 8:37 AM
Description Requesting Early Voters List for Friday, 5/1 and Saturday 5/2
Status Closed
Category General Request/Voters List
Total Task time 00:30
#42
Due Date 5/18/09 8:39 AM
Description Has anyone requested the Election Filing Reports? When you get all of them filed and have time, send me the
reports.
Status Closed
Category General Request/Other
Total Task time 00:30
#43
Due Date 5/18/09 8:42 AM
Description Any and all emails, citations, warnings, other correspondence or video relating to traffic stops of Connie White,
candidate for Council in Trophy Club, Texas within the past 8 weeks.
Status Closed
Category Police/Other
Total Task time 01:15
#44
Due Date 5/18/09 8:44 AM
Description Any and all emails, citations, warnings, other correspondence or video relating to traffic stops of Connie White,
candidate for Council in Trophy Club, Texas within the past 52 weeks.
Status Closed
Category Police/Other
Total Task time 00:30
#45
Due Date 5/18/09 8:46 AM
Description It has come to my attention that a candidate for mayor was stopped by the police department on April 30,2009 at
8:30 AM on Trophy Club Drive and issued a warning. I understand this individual was abusive and disrespectful
to our Police ooficer. I would like a copy of the police report and any supporting evidence as soon as posible.
please let me know the availibilty of this information by Tuesday May 5, 2009. Thank you.
Status Closed
Category Police/Other
Total Task time 00:15
#46
Due Date 5/19/09 12:16 PM
Description Please send me the permits for single family, apartments, condos and pools you had for April.
Status Closed
Category Permitting/Other
Total Task time 00:15
Generated by Ilient SysAid Page 8 of 18
Town Council 64 of 103 Meeting Date: July 20, 2009
#47
Due Date 5/18/09 3:43 PM
Description Can you please tell me who you have given it to?
Status Closed
Category General Request/Other
Total Task time 00:15
#48
Due Date 5/19/09 3:50 PM
Description Would you also please send me a copy of whatever is being given to them.
Status Closed
Category General Request/Other
Total Task time 00:15
#49
Due Date
Description Monday's voter list
Status Closed
Category General Request/Voters List
Total Task time 00:30
#50
Due Date 5/18/09 2:29 PM
Description Requesting informaiton indlucing dates of violation and any applicable fines on any times I may have.
Status Closed
Category Court/Other
Total Task time 00:30
#51
Due Date 5/20/09 3:10 PM
Description Requesting Voter's List
Status Closed
Category General Request/Voters List
Total Task time 00:30
#52
Due Date 5/20/09 3:12 PM
Description Requesting Voter's List
Status Closed
Category General Request/Voters List
Total Task time 00:15
#53
Due Date 5/21/09 12:13 PM
Description Background Check
Status Closed
Category General Request/Other
Total Task time 00:15
Generated by Ilient SysAid Page 9 of 18
Town Council 65 of 103 Meeting Date: July 20, 2009
#54
Due Date 5/22/09 4:01 PM
Description Requesting - Early voting list
Status Closed
Category General Request/Voters List
Total Task time 00:30
#55
Due Date 5/25/09 6:05 PM
Description This information should include any and all but not limited to:
written documents, electronic (e-mails, text messages) and postal mail, telephone and verbal conversations,
audio recordings, diaries and calendars.
The time frame is from the time period of March 1, 2005 through May 11, 2009.
The information is for the following individuals and groups:
Mayor: Nick Sanders
Council Members : Kathleen Wilson, Pamela Cates, Philip Sterling, Roger Williams, Susan Edstrom, and Jim
Moss.
Town Attorney : Patricia Adams
Police Chief : Scott Knifen
MUD Attorneys: Bob Wets and Pamela Liston.
MUD Directors : Neil Twomey, Jim Thomas, Jim Budarf, Connie White, Kevin Carr, Jim Hayes,
Steven Kohs, Dean Henry, Carole Borges, Gary Cantrell and during his tenure Andy Hayes.
Park Director : Adam Adams.
Parks and Recreation members: Pauline Twomey, Matthew Graham, Steven Kohs, J.D. Stotts, Chris McCollister,
Barbie Kadow, Kathleen Wilson and during his tenure Steven Skeen.
Any and all staff employees and volunteers of the Town of Trophy Club.
The request is for the following:
Any reference to Greg Lamont, Gregory Lamont, Janet Lamont, President of the HOA of the Lakes of Trophy
Club, Resident of the Lakes of Trophy Club.
As it relates to using the term or referencing :
(A) Nazi, Lake Nazi, Lady Nazi, Swastika
(B) Chasing Children, feeding ducks, fishing in the Lakes of Trophy Club.
(C) Terrorizing Community and/or Town volunteers, children and Civil Servants.
(D) Terrorizing Philip Sterling, Pamela Cates, Neil Twomey, Connie White, J.D. Stotts, Matthew Graham,
Pauline Twomey.
(E) False statements by Greg Lamont about : Philip Sterling, Neil Twomey, Connie White and Matthew Graham.
(F) Any and all disparaging, scornful remarks such as but not limited to : Miserable, power hungry, cheap, old
man.
(G) Any insults by Greg Lamont of Kathleen Wilson.
(H) Any false statements about Kathleen Wilson by Greg Lamont made either in writing or a web site.
(I) Any and all communications from and to : William and Joyce Frey, Mr and Mrs Pulido of 22 Avalon Drive,
Trophy Club, Texas and
Ed and Mona Olinsky.
(J) Any and all Communication between the Denton County District Attorney's office and :
Kathleen Wilson, Steven Kohs, Neil Twomey, Pauline Twomey, Chris McCollister,
and during their time as public officials Pamela Cates and Steven Skeen,
including but not limited to computer hard drives, printers and lie detector tests.
Status Closed
Category General Request/Other
Generated by Ilient SysAid Page 10 of 18
Town Council 66 of 103 Meeting Date: July 20, 2009
Total Task time 05:00
#56
Due Date 5/22/09 8:46 AM
Description Requesting incident 20900127
Status Closed
Category Police/Incident Report
Total Task time 01:15
#57
Due Date 5/27/09 9:09 AM
Description Record of arrest and disposition of a charge of Public Intoxication aproximately in 1993. My date of birth is
2/26/1974.
Status Closed
Category Police/Accident Report
Total Task time 01:00
#58
Due Date 5/27/09 9:11 AM
Description #1 List of registered home builders or contractors in Trophy Club, preferably just builders.
#2 List of building permits issued in past 3 months.
Status Closed
Category Permitting/Other
Total Task time 00:30
#59
Due Date 5/29/09 1:51 PM
Description Requesting May 14 Parks & Rec Board Audio
Status Closed
Category Meeting/Audio
Total Task time 00:00
#61
Due Date 6/2/09 3:19 PM
Description I hereby request any and all information pertaining to the MUD board / board's
This request should include any and all information and supporting facts pertaining to the following under the
Texas Open records Act from the Municipal Utility District :
BOD Discharge Monitoring Reports for outfall 001:
2007-07-31
2007-08-31
2007-09-30
2008-01-31
2008-02-29
2008-03-31
2008-06-30
2008-07-31
2008-08-31
2008-09-30
TSS Discharge Monitoring Reports for outfall 001:
2007-01-31
Generated by Ilient SysAid Page 11 of 18
Town Council 67 of 103 Meeting Date: July 20, 2009
2007-02-28
2007-03-31
2008-01-31
2008-02-29
2008-03-31
2008-04-30
Discharge Monitoring Report Flow in Millions of Gallon per Day (MGD) for outfall 001:
2007-05-31
2007-06-30
2007-07-31
# 1. I hereby request any proof that the Trophy Club MUD / MUD's has resolved the following EPA enforcement
cases.
EPA Enforcement Case Number - 06-2001-5129
EPA Enforcement Case Number - 06-2001-5203
# 2. I officially request the complete unedited potable water analysis for Coliform TCR for NOV 2000.
#3. All disclosure documentation on the
Safe Drinking Water Violation ID 1030900 (public notification violation)
Safe Drinking Water Violation ID 1030800 (monitoring violation)
# 4. I want to view and verify the signature of the person or persons who signed these reports mentioned above.
Status Closed
Category General Request/Other
Total Task time 00:15
#62
Due Date 6/2/09 1:41 PM
Description Please send commercial, pools, residential remodels and single family permit with contractor (value) report for
month of April.
Status Closed
Category Permitting/Other
Total Task time 00:15
#63
Due Date 6/3/09 1:43 PM
Description Please make a copy for Kathleen and place in her mail slot once available.
Status Closed
Category Meeting/DVD
Total Task time 00:00
#64
Due Date 6/3/09 1:46 PM
Description Requesting Probable Cause Affidavit and accompanying narrative for John Paul Duncan, arrest date 5/11/09.
Status Closed
Category Police/Arrest Reports
Total Task time 00:30
Generated by Ilient SysAid Page 12 of 18
Town Council 68 of 103 Meeting Date: July 20, 2009
#65
Due Date 6/3/09 1:49 PM
Description Requesting - offense report/incident report for arrest on July 26, 2006, charged with online solicitation of a minor,
case ID F2006 1972E, CID # 0703126
Status Closed
Category Police/Incident Report
Total Task time 00:45
#66
Due Date 6/4/09 6:25 PM
Description Requesting dash camera video before and after citation #700311 (4:00 - 4:14 p.m. on 5-9-09) also officer's daily
log during those times.
Status Closed
Category Police/Other
Total Task time 00:45
#67
Due Date 6/5/09 6:36 PM
Description Requesting any and all inforation on Rolan Henley (birthday 3/22/1958), Henley's (or Henleys Training Academy,
Inc, Henley's Aircraft Services, Inc. and Henley's (or Henleys) Aviation Investments, Inc. with regard to
permitting, city fines, property tax reports, registrations, citations and complaints (made by or against). Personal
Information may be redacted such as social security number, driver's license number or license plat numbers.
Status Closed
Category General Request/Other
Total Task time 00:15
#68
Due Date 6/5/09 6:54 PM
Description Information Requested:
any and all documents including but not limited to : written notes, e-mails, prepared documents, fax, audio
transmissions, telephone recordings, taped recordings, correspondence, documentation, information and
supporting facts pertaining to the following statements and comments made by MUD 2 Director Steven Kohs in
his email dated Sunday, April 26, 2009, at 9:58 p.m.
1. MUD's greed for power and control
2. Past MUD mismanagement, performance and legal investigation
3. Misstatements of truth by MUD Directors to gain citizens' votes
4. MUD Directors bullying Town employees
5. MUD Directors slandering Town Manager
6. MUD Directors currently being legally investigated by Denton County DA's office for breaking the law for
deleting public documents
7. MUD directors giving large illegal bonuses
8. MUDs have been in direct violation of EPA regulation the last (12) consecutive quarters, or 4 years, and have
done nothing to keep us safe. The cost to tax payers is approximately $ 470,000.00
9. MUDs support of a Town Council Candidate who is currently listed as a party in an investigation in the Denton
County DA office for a hate crime
10. MUD 2 director resigned due to financial waste and mismanagement
Status Closed
Category General Request/Other
Total Task time 00:30
Generated by Ilient SysAid Page 13 of 18
Town Council 69 of 103 Meeting Date: July 20, 2009
#69
Due Date 6/8/09 8:42 AM
Description I would like to have a complete record of the 1997 incident involving my arrest for allegedly operating a vehicle
without authorization.
I am most specifically interested in a copy of the letter that was provided to me from the Trophy Club police
department stating that everything was resolved and that it was understood I had not committed any crime.
I am being held up from getting a Texas State Insurance Adjusters license because my record is showing up with
an arrest.
Your expedient attention and cooperation in this matter is greatly appreciated.
Status Closed
Category Police/Incident Report
Total Task time 00:30
#70
Due Date 6/15/09 6:39 PM
Description Requesting - May i have the name of the party who requested the Open Records Request RM # 68.
Status Closed
Category General Request/Other
Total Task time 00:15
#71
Due Date 6/12/09 6:42 PM
Description We are requesting the offense report for Benjamin J. Laumann, SS DOB 5-15-1981. Please email
it to the email address provided above. Please just send the first 50 pages of the report as we are not looking to
be charged for this information. Thank you in advance for your help.
Status Closed
Category Police/Incident Report
Total Task time 00:15
#72
Due Date 6/15/09 6:43 PM
Description I received a letter dated May 28, 2009 from Officer Raburn regarding a complaint about trash collection of my
residence at 311 Skyline. I would like to request any and all public info about the complainant and the date it was
filed. Please call with questions.
Status Closed
Category Police/Other
Total Task time 00:15
#73
Due Date 6/15/09 6:46 PM
Description Request for open records regarding complaint about a waring I received at above address on April 17, 2009
regarding illegal dumping. Woudl request to know how complaint was filed and who complained. For the record,
it was not illegal dumping as it was landscape materials placed there to be moved into my landscaping.
Status Closed
Category Police/Other
Total Task time 00:15
Generated by Ilient SysAid Page 14 of 18
Town Council 70 of 103 Meeting Date: July 20, 2009
#74
Due Date 6/9/09 6:49 PM
Description I would like to make an open record request. My husband and I live at 101 Park Lane. We had a complaint
against us for some stone stacked next to our house and would like to know who turned us in. We have moved
the stones, but were just curious.
Status Closed
Category Police/Other
Total Task time 00:15
#75
Due Date 6/12/09 6:50 PM
Description I am requesting the "incident report" from an assault on myself on April 15, 2009. I am the victim and was
assaulted by Deborah Ann Wilkin. I understand that she was issued a citation and that this will be handled in
municipal court. I was told by the attending officer at the scene, that if I did not show up for the "trial" the case will
be dismissed. I am a victim of assault, work in criminal justice and am concerned. Thank you in advance.
Status Closed
Category Police/Incident Report
Total Task time 01:00
#76
Due Date 6/15/09 6:53 PM
Description Please send me the May list of people who have received tickets and requested driving safety classes.
Status Closed
Category Court/Defensive Driving List
Total Task time 00:30
#77
Due Date 6/17/09 10:58 AM
Description I would like the call log, dispatch log, call notes, police report and any other notes or documentation related to the
call dispatched to Lakeview Elementary around 5:00 p.m. on Tuesday, June 2nd regarding children at
playground.
Status Closed
Category Police/Incident Report
Total Task time 00:15
#78
Due Date 6/19/09 9:34 AM
Description Please email me the permits for new construction and swimming pools for the month of May.
Status Closed
Category Permitting/Other
Total Task time 00:15
#79
Due Date 6/11/09 9:36 AM
Description 2007 Minutes - 2/5/07 - 5/28/07
Status Closed
Category General Request/Other
Total Task time 00:30
Generated by Ilient SysAid Page 15 of 18
Town Council 71 of 103 Meeting Date: July 20, 2009
#80
Due Date 6/22/09 9:40 AM
Description I am requesting a copy of my personnel file while employed with the Town.
Status Closed
Category General Request/Personnel Files
Total Task time 03:15
#81
Due Date 6/25/09 9:07 AM
Description All documents in folder for 38 Cypress Court
Status Closed
Category Building Plans/Residential
Total Task time 01:00
#82
Due Date 6/26/09 11:04 AM
Description I would like to see residential (new homes) and commercial building permits issued from December 08 to the
present. These permits generally show project location, size of project, dollar amount, General Contractor or
Builder information.
I did not see this posted on your website.
Status Closed
Category Building Plans/Residential
Total Task time 00:30
#83
Due Date 6/30/09 11:25 AM
Description Please send commercial, pools, residential remodels and single family permit with contractor (value prop) report
for the month of May.
Status Closed
Category Permitting/Other
Total Task time 00:00
#84
Due Date 6/29/09 11:27 AM
Description All records of citations/warnings or violations for the address of 122 Pebble Beach Dr. Trophy Club, TX 76262
Status Closed
Category Police/Other
Total Task time 01:45
#85
Due Date 7/3/09 9:06 AM
Description Requesting residental building permits from 1st November 2008 until end of March 2009.
Status Closed
Category Permitting/Other
Total Task time 00:15
Generated by Ilient SysAid Page 16 of 18
Town Council 72 of 103 Meeting Date: July 20, 2009
#86
Due Date 7/16/09 8:43 AM
Description Complete house plans for 208 phoenix drive - due to house fire and to assist in reconstruction process
Status Closed
Category Building Plans/Residential
Total Task time 01:30
#87
Due Date 7/20/09 8:24 AM
Description All inspection, permit documents and building plans for 2202 Aberdeen Drive.
Status Closed
Category Building Plans/Residential
Total Task time 00:30
#88
Due Date 7/13/09 8:29 AM
Description Complaint - who asked for my car to receive ticket - 6/28 at 11:17 am at Trophy Club Country Club
Status Closed
Category Police/Citation
Total Task time 00:30
#89
Due Date 7/16/09 8:33 AM
Description Driver's Record and law violations for Zachary Ziba
Status Closed
Category Police/Citation
Total Task time 01:15
#91
Due Date 7/20/09 11:00 AM
Description All contributions and expenses including econimic development paid to the Grapevine Chamber of Commerce for
the years 2008 & 2009.
Status Closed
Category General Request/Budget Information
Total Task time 00:30
#92
Due Date 7/20/09 11:03 AM
Description All contributions and expenses including economic development paid to the Trophy Club Chamber of Commerce
for the years 2008 & 2009.
Status Closed
Category General Request/Budget Information
Total Task time 00:30
#93
Due Date 7/14/09 11:05 AM
Description All medical records and billing records with regard to Rebecca Moore, on or after December 31, 2007.
Status Closed
Category EMS/Itemized Billing Statement
Total Task time 00:45
Generated by Ilient SysAid Page 17 of 18
Town Council 73 of 103 Meeting Date: July 20, 2009
#94
Due Date 7/21/09 2:06 PM
Description Description of Information Requested: Please send any incident reports for the listed address. The name of the
street has been spelled as Cimmarron, Cimaron and as above in previous activity reports. The occupants are
Miguel and Joyce Cisneros (formerly Joyce Sanders). If more than 50 pages, as before, please notify us and we
will pick up.
Status Closed
Category Police/Incident Report
Total Task time 01:15
#95
Due Date 7/21/09 2:12 PM
Description Please send the permits for single family, apartments, and condos, and swimming pool permits you had for June
with builder.
Status Closed
Category Permitting/Other
Total Task time 00:15
#96
Due Date 7/21/09 2:14 PM
Description Please burn CM Wilson a copy and place in her mail slot.
Status Closed
Category Meeting/DVD
Total Task time 00:15
#97
Due Date 7/13/09 2:19 PM
Description Will you please make a copy of the June 16, 2008 council meeting for Mayor White.
Status Closed
Category Meeting/Audio
Total Task time 00:15
Generated by Ilient SysAid Page 18 of 18
Town Council 74 of 103 Meeting Date: July 20, 2009
Requester #RM #Time Spent
1 1 0:00:00
17 0:30:00
19 0:30:00
37 0:30:00
41 0:30:00
42 0:30:00
49 0:30:00
51 0:30:00
54 0:30:00 4:00:00
3 5 1:00:00
80 3:15:00 4:15:00
9 14 2:15:00
55 5:00:00 7:15:00
11 16 53:15:00 53:15:00
12 18 11:00:00 11:00:00
13 20 0:15:00
21 1:45:00
35 2:15:00
39 0:15:00 4:30:00
14 22 0:45:00 0:45:00
15 23 0:45:00 0:45:00
16 24 0:30:00 0:30:00
17 25 3:00:00 3:00:00
18 27 0:15:00 0:15:00
19 28 0:45:00 0:45:00
20 29 1:15:00
96 0:15:00 1:30:00
21 30 4:30:00 4:30:00
22 31 0:30:00
33 0:45:00
1:15:00
23 32 6:00:00 6:00:00
24 34 0:15:00 0:15:00
Town Council 75 of 103 Meeting Date: July 20, 2009
25 76 0:30:00 0:30:00
26 40 0:30:00
47 0:15:00
54 0:30:00
48 0:15:00
97 0:15:00 1:45:00
27 43 1:15:00
44 0:30:00
72 0:15:00
73 0:15:00 2:15:00
28 45 0:15:00 0:15:00
29 46 0:15:00
78 0:15:00
95 0:15:00 0:45:00
30 50 0:30:00 0:30:00
31 52 0:15:00 0:15:00
32 53 0:15:00 0:15:00
33 57 1:00:00 1:00:00
34 58 0:30:00
85 0:15:00
0:45:00
35 61 0:15:00
70 0:15:00
0:30:00
36 62 0:15:00
83 0:15:00 0:30:00
37 64 0:30:00 0:30:00
38 65 0:45:00 0:45:00
39 66 0:45:00 0:45:00
40 67 0:15:00 0:15:00
41 68 0:30:00 0:30:00
42 69 0:30:00 0:30:00
43 71 0:15:00 0:15:00
Town Council 76 of 103 Meeting Date: July 20, 2009
44 74 0:15:00 0:15:00
45 75 1:00:00 1:00:00
46 77 0:15:00 0:15:00
47 79 0:30:00 0:30:00
48 81 1:00:00 1:00:00
49 82 0:30:00 0:30:00
50 84 1:45:00 1:45:00
51 86 1:30:00 1:30:00
52 87 0:30:00 0:30:00
53 88 0:30:00 0:30:00
54 89 1:15:00 1:15:00
55 91 0:30:00
92 0:30:00
98 0:15:00 1:15:00
56 93 0:45:00 0:45:00
57 94 1:15:00 1:15:00
58 99 0:30:00 0:30:00
Town Council 77 of 103 Meeting Date: July 20, 2009
How the Public Information Act Works
Act of May 27, 2007, 80 Leg., R.S., H.B. 2564, § 1 (to be codified as Gov’t Code § 552.275) .
225 th
Id.226
Id.227
Id.228
Id.229
Id.230
Gov’t Code. § 552.275(e).231
2008 Public Information Handbook • Office of the Attorney General
53
F. Cost Provisions Regarding Requests that Require a Large Amount of
Personnel Time
Section 552.275 was recently added to Subchapter F. This new section authorizes a governmental
225
body to establish a reasonable limit, not less than 36 hours in a 12-month period, on the amount of
time that personnel are required to spend producing public information for inspection or copies to
a requestor, without recovering the costs attributable to the personnel time related to that requestor.226
If a governmental body chooses to establish a time limit under this section, a requestor will be
required to compensate the governmental body for the costs incurred in satisfying subsequent
requests once the time limit has been reached. A limit under this section does not apply if the
227
requestor is an elected official of the United States, the state of Texas, or a political subdivision of
the state of Texas; or a representative of (a) a radio or television station that holds a license issued
by the Federal Communications Commission; (b) a newspaper that is qualified under section
2051.044 of the Government Code to publish legal notices or is a free newspaper of general
circulation and that is published at least once a week and available and of interest to the general
public in connection with the dissemination of news; or (c) a publicly funded legal services
organization that is exempt from federal income taxation by being listed as a “501(c)(3) entity” under
section 501(a) of the Internal Revenue Code of 1986, as amended.228
On establishing the time limit, a governmental body must make it clear to all requestors that the limit
applies to all requestors equally, except as provided by the exemptions of subsections (j), (k), and
(l). A governmental body that avails itself of section 552.275 must provide a requestor with a
statement detailing the time spent in complying with the instant request, and the cumulative amount
of time the requestor has accrued towards the established limit. A governmental body may not
229
charge for the time spent preparing the statement. If a requestor meets or exceeds the established
230
limit, the governmental body may assess charges for labor, overhead, and material for all subsequent
requests. The governmental body is required to provide a written estimate within ten business days
of receipt of the request, even if the estimated total will not exceed $40.00. All charges assessed
under section 552.275 must be in compliance with the rules promulgated by the attorney general.231
G. Complaints Regarding Alleged Overcharges
Estimates are, by their very nature, imperfect. Therefore, governmental bodies are encouraged to
run tests on sample data and to rely on the results of those tests in calculating future charges.
Returning to the examples presented previously, the governmental body correctly used its experience
with one year of information to craft a “good faith estimate” for ten years’ worth of information.
However, even when a governmental body has taken steps to insure that a charge is appropriate, a
Town Council 78 of 103 Meeting Date: July 20, 2009
Text of the Texas Public Information Act
2008 Public Information Handbook • Office of the Attorney General
210
§ 552.275. Requests That Require Large Amounts of Employee or Personnel Time
(a) A governmental body may establish a reasonable limit on the amount of time that personnel of
the governmental body are required to spend producing public information for inspection or
duplication by a requestor, or providing copies of public information to a requestor, without
recovering its costs attributable to that personnel time.
(b) A time limit established under Subsection (a) may not be less than 36 hours for a requestor
during the 12-month period that corresponds to the fiscal year of the governmental body.
(c) In determining whether a time limit established under Subsection (a) applies, any time spent
complying with a request for public information submitted in the name of a minor, as defined
by Section 101.003(a), Family Code, is to be included in the calculation of the cumulative
amount of time spent complying with a request for public information by a parent, guardian, or
other person who has control of the minor under a court order and with whom the minor resides,
unless that parent, guardian, or other person establishes that another person submitted that
request in the name of the minor.
(d) If a governmental body establishes a time limit under Subsection (a), each time the governmental
body complies with a request for public information, the governmental body shall provide the
requestor with a written statement of the amount of personnel time spent complying with that
request and the cumulative amount of time spent complying with requests for public information
from that requestor during the applicable 12-month period. The amount of time spent preparing
the written statement may not be included in the amount of time included in the statement
provided to the requestor under this subsection.
(e) If in connection with a request for public information, the cumulative amount of personnel time
spent complying with requests for public information from the same requestor equals or exceeds
the limit established by the governmental body under Subsection (a), the governmental body
shall provide the requestor with a written estimate of the total cost, including materials,
personnel time, and overhead expenses, necessary to comply with the request. The written
estimate must be provided to the requestor on or before the 10th day after the date on which the
public information was requested. The amount of this charge relating to the cost of locating,
compiling, and producing the public information shall be established by rules prescribed by the
attorney general under Sections 552.262(a) and (b).
(f) If the governmental body determines that additional time is required to prepare the written
estimate under Subsection (e) and provides the requestor with a written statement of that
determination, the governmental body must provide the written statement under that subsection
as soon as practicable, but on or before the 10th day after the date the governmental body
provided the statement under this subsection.
(g) If a governmental body provides a requestor with the written statement under Subsection (e), the
governmental body is not required to produce public information for inspection or duplication
or to provide copies of public information in response to the requestor’s request unless on or
before the 10th day after the date the governmental body provided the written statement under
Town Council 79 of 103 Meeting Date: July 20, 2009
Text of the Texas Public Information Act
2008 Public Information Handbook • Office of the Attorney General
211
that subsection, the requestor submits a statement in writing to the governmental body in which
the requestor commits to pay the lesser of:
(1) the actual costs incurred in complying with the requestor’s request, including the cost of
materials and personnel time and overhead; or
(2) the amount stated in the written statement provided under Subsection (e).
(h) If the requestor fails or refuses to submit the written statement under Subsection (g), the
requestor is considered to have withdrawn the requestor’s pending request for public
information.
(i) This section does not prohibit a governmental body from providing a copy of public information
without charge or at a reduced rate under Section 552.267 or from waiving a charge for providing
a copy of public information under that section.
(j) This section does not apply if the requestor is a representative of:
(1) a radio or television station that holds a license issued by the Federal Communications
Commission; or
(2) a newspaper that is qualified under Section 2051.044 to publish legal notices or is a free
newspaper of general circulation and that is published at least once a week and available
and of interest to the general public in connection with the dissemination of news.
(k) This section does not apply if the requestor is an elected official of the United States, this state,
or a political subdivision of this state.
(l) This section does not apply if the requestor is a representative of a publicly funded legal services
organization that is exempt from federal income taxation under Section 501(a), Internal Revenue
Code of 1986, as amended, by being listed as an exempt entity under Section 501(c)(3) of that
code.
SUBCHAPTER G. ATTORNEY GENERAL DECISIONS
§ 552.301. Request for Attorney General Decision
(a) A governmental body that receives a written request for information that it wishes to withhold
from public disclosure and that it considers to be within one of the exceptions under Subchapter
C must ask for a decision from the attorney general about whether the information is within that
exception if there has not been a previous determination about whether the information falls
within one of the exceptions.
(b) The governmental body must ask for the attorney general’s decision and state the exceptions that
apply within a reasonable time but not later than the 10th business day after the date of receiving
the written request.
Town Council 80 of 103 Meeting Date: July 20, 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-238-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:7/10/2009 Town Council
On agenda:Final action:7/20/2009
Title:Discuss and take appropriate action regarding the expenditure of EDC-4A funds for shade structures
at Independence Park.
Attachments:Application for Funds
Action ByDate Action ResultVer.
Town Council 81 of 103 Meeting Date: July 20, 2009
109-238-T Version:File #:
Title
Discuss and take appropriate action regarding the expenditure of EDC-4A funds for shade structures at Independence
Park.
Body
In 2007 Council approved the EDC funding of shade structures for fields #1 and #3 at Independence Park. During the
installation at field #1 it became apparent that we needed to switch the installation to the field #2 as we ran into both our
electric lines and our water lines on field #3. We are now re-addressing those needs and included additional monies for
anticipated challenges in this installation requiring possible re-routing of certain portions of the park's infrastructure. Field
#1 is also the most heavily used field and therefore staff is proposing the installation of three shade structures as
opposed to just two. EDC approved this expenditure of funds at their June 29, 2009 meeting. The vote was unanimous.
Town Council 82 of 103 Meeting Date: July 20, 2009
Town Council 83 of 103 Meeting Date: July 20, 2009
Town Council 84 of 103 Meeting Date: July 20, 2009
Town Council 85 of 103 Meeting Date: July 20, 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-239-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:7/10/2009 Town Council
On agenda:Final action:7/20/2009
Title:Discuss and take appropriate action regarding an Ordinance amending Chapter 11 of the Code of
Ordinances, entitled "Public Works", by adding Article IX entitled "Drought Contingency Measures" to
Chapter 11 of the Code of Ordinances providing for the regulation of water during times of water
emergency.
Attachments:Ord. 2009- Drought Contingency Plan.pdf
Action ByDate Action ResultVer.
Town Council 86 of 103 Meeting Date: July 20, 2009
109-239-T Version:File #:
Title
Discuss and take appropriate action regarding an Ordinance amending Chapter 11 of the Code of Ordinances, entitled
"Public Works", by adding Article IX entitled "Drought Contingency Measures" to Chapter 11 of the Code of Ordinances
providing for the regulation of water during times of water emergency.
Body
Trophy Club Municipal Utility District No. 1 adopted an updated Drought Contingency Plan which provides for the
declaration of various water usage restrictions during times of water shortage and drought. The plan restricts water
usage during a time when Stage 1, Stage 2, or Stage 3 drought conditions are declared by the City of Fort Worth and/or
MUD1. MUD1 requested that the Town adopt an ordinance adopting the restrictions. The Ordinance will allow the Town
to issue citations for violations of water restrictions. The MUD1 Plan authorizes MUD1 to impose civil penalties for
violations.
Town Council 87 of 103 Meeting Date: July 20, 2009
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2009-
AN ORDINANCE OF THE TOWN OF TROPHY
CLUB, TEXAS AMENDING CHAPTER 11 OF THE
CODE OF ORDINANCES, ENTITLED “PUBLIC
WORKS”, BY ADDING ARTICLE IX ENTITLED
“DROUGHT CONTINGENCY MEASURES”;
PROVIDING FOR INCORPORATION OF
PREMISES; PROVIDING FOR AMENDMENT;
PROVIDING A SAVINGS AND REPEALER
CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION; 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 ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Trophy Municipal Utility District No. 1 contracts with the
City of Fort Worth to provide Water to the residents of Trophy Club; and
WHEREAS, the Town of Trophy Club provides enforcement of regulations
relative to Water use and conservation; and
WHEREAS, on May 12, 2009, the Trophy Club Municipal Utility District
No. 1 adopted a Drought Contingency Plan through the enactment of Order No.
2009-0512B (hereinafter “Plan”); and
WHEREAS, the Plan provides for certain restrictions on use of Water
during times of drought and Water shortages (Water emergencies); and
WHEREAS, the Town Council recognizes the crucial public health and
safety issues that will arise if there is a shortage of Water, including but not
limited to the inability to effectively fight fires, and further recognizes the need to
be proactive to conserve Water resources; and
WHEREAS, the Town Council finds that the adoption of restrictions
necessary to safeguard the supply of Water to the residents of the Town during
times of drought and shortage is necessary to protect the public health, safety,
and welfare; and
2
Town Council 88 of 103 Meeting Date: July 20, 2009
WHEREAS, in order to protect public health, safety and welfare, the Town
Council has determined it necessary and appropriate to adopt the regulations set
forth herein to be codified as Chapter 11, Public Works, Article IX Drought
Contingency Measures” of the Code of Ordinances of the Town of Trophy Club
which provide for criminal enforcement of such measures.
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 herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
Chapter 11 entitled “Public Works” of the Code of Ordinances of the Town
of Trophy Club, Texas is amended to add Article IX, entitled “Drought
Contingency Measures” to be and read in its entirety as follows:
“9.01 Declaration of Policy Purpose, and Intent
A. Water uses regulated or prohibited under this Article are considered to be
non-essential and continuation of such uses during times of water shortage or
other emergency water supply conditions are deemed to constitute a waste of
water which subjects the offender(s) to civil penalties imposed by the Trophy
Club Municipal Utility District No. 1 (Town of Trophy Club), and criminal penalties
as set forth in this Article. The purpose of the restrictions imposed by this Article
is to implement a Drought Contingency Plan to provide for the management of
water resources during times of drought and inadequate supply and to:
1. Conserve the available water supply in times of drought and
emergency
2. Maintain supplies for Domestic Water Use, sanitation, and fire
protection
3. Protect and preserve public health, welfare, and safety
4. Minimize the adverse impacts of water supply shortages
5. Minimize the adverse impacts of emergency water supply conditions
Town Council 89 of 103 Meeting Date: July 20, 2009
9.02 Applicability
Upon notification to the Town by either the City of Fort Worth or the Trophy Club
Municipal Utility District No. 1 that one or more triggers for that implementation of
this Drought Contingency Plan have been met, the provisions of this Article shall
become effective. Upon taking effect, the provisions of this Article shall apply to
all Persons utilizing potable water within the corporate boundaries and
extraterritorial jurisdiction of the Town and provided by or through Trophy Club
Municipal Utility District No. 1 or any other source. The provisions of this Article
shall apply when Stage 1, Stage 2, or Stage 3 Drought Conditions have been
declared to exist as provided in this Article and the regulations contained herein
shall supersede other less restrictive Town ordinances and regulations related to
water Conservation during such times of drought or water shortage. The
provisions of this Article shall not apply to locations serviced by treated
wastewater effluent or private wells.
9.03 Definitions
A. Aesthetic or Scenic Purposes: Water use for ornamental or decorative
purposes such as fountains, reflecting pools, and water gardens.
B. Commercial Customer: A Customer who uses water for the operations
of commercial and non-profit establishments and governmental entities such as
retail establishments, hotels and motels, restaurants, and office buildings.
C. Customer: Any Person purchasing water from Trophy Club Municipal
Utility District No. 1 to service an address within the corporate boundaries and
extraterritorial jurisdiction of the Town of Trophy Club. This term includes both
residential and commercial Customers.
D. District: Trophy Club Municipal Utility District No. 1 (“TCMUD 1”) that
provides water, sewer and fire protection services to customers within their
boundaries or to customers outside their boundaries by contract with the Town of
Trophy Club.
E. District Manager: The full-time, paid, chief administrator for the District.
F. Domestic Water Use: Water use for personal needs or for household or
sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for
cleaning a residence, business, industry, or institution.
G. Drought: Generally a lack of adequate water to supply needs or replenish
supplies used.
Town Council 90 of 103 Meeting Date: July 20, 2009
H. Drought Contingency Plan: The provisions contained within this Article
relative to control of water usage.
I. Drought Response Stage: Stage 1, Stage 2, or Stage 3 of the Drought
Contingency Plan.
J. Even number address: Street addresses, box numbers, or rural postal
route numbers ending in 0, 2, 4, 6 or 8 and locations without addresses.
K. Landscape Irrigation Use: Water used for the irrigation and
maintenance of landscaped areas, whether publicly or privately owned, including
residential and commercial lawns, gardens, golf courses, parks and rights-of-way
and medians.
L. Trophy Club Municipal Utility District No. 1 or District: Trophy Club
Municipal Utility District No. 1 (“TCMUD 1”) is the governmental entity in the
Town of Trophy Club that provides water, sewer and fire protection services to
customers within the boundaries of Trophy Club and TCMUD 1 and to customers
outside the boundary of TCMUD 1 yet within the boundary of the Town by
contract with the Town of Trophy Club.
M. Non-essential Water Use: Water uses that are neither essential nor
required for the protection of public, health, safety, and welfare, including:
1 Landscape Irrigation Use, including parks, athletic fields, and golf courses,
except otherwise provided under this Plan;
2 Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane
or other vehicle;
3 Use of water to wash down any sidewalks, walkways, driveways, parking
lots, tennis courts, or other hard-surfaced areas;
4 Use of water to wash down buildings or structures for purposes other than
immediate fire protection;
5 Flushing gutters or permitting water to run or accumulate in any gutter or
street;
6 Use of water to fill, refill, or add to any indoor or outdoor swimming pools
or Jacuzzi-type pools;
7 Use of water in a fountain or pond for Aesthetic or Scenic Purposes
except where necessary to support aquatic life;
8 Failure to repair a controllable leak(s) within a reasonable period after
having been given notice directing the repair of such leak(s); and
9 Use of water from hydrants for construction purposes or any other
purposes other than fire fighting.
N. Odd numbered address: Street addresses, box numbers, or rural postal
route numbers ending in 1, 3, 5, 7 or 9.
Town Council 91 of 103 Meeting Date: July 20, 2009
O. Person: Any Person, entity, firm, partnership, association, corporation,
company, or organization of any kind using water supplied by TCMUD 1 and/or
the City of Fort Worth within the boundaries and extraterritorial jurisdiction of the
Town of Trophy Club. This term includes both residential and commercial
Customers.
P. Town: The Town of Trophy Club, Texas.
Q. Town Council: The Town Council of the Town of Trophy Club, Texas.
R. Water: Water taken from any public water supply or distribution system
within the boundaries of the District, potable or non-potable, and means either
raw or potable water.
9.04 Notification.
Notification that Stage 1, 2, or 3 Drought conditions exist shall be provided to the
public by means of any one (1) or more of the following actions and shall
specifically identify the Drought Response Stage in effect:
a. Publication in newspaper of general circulation;
b. Public Service announcements (cable channel and/or website,
marquees, list-serve); or
c. Signs posted in public places.
9.05 Stage 1 Drought Conditions – Prohibited Conduct and Exceptions.
A. Stage 1 Drought Conditions – Prohibited Conduct. Upon
declaration that Stage 1 Drought conditions are in effect, mandatory
restrictions to prohibit Non-essential Water Use shall become effective. It
shall be unlawful for a Person to engage in any one or more of the acts
listed below. No Person shall:
1. Cause or allow the hosing of paved areas, such as sidewalks,
driveways, parking lots, tennis courts, patios, or other impervious surfaces,
except to alleviate an immediate health or safety hazard;
2. Cause or allow the hosing of buildings or other structures for
purposes other than fire protection or surface preparation prior to painting;
3. Use Water in such a manner as to allow runoff or other waste,
including:
a. Failure to repair a controllable leak, including a broken
sprinkler head, a leaking valve, leaking or broken pipes, or a leaking
faucet within twenty-four (24) hours after the leak occurred; or
Town Council 92 of 103 Meeting Date: July 20, 2009
b. Operating a permanently installed irrigation system with: (i) a
broken head; (ii) a head that is out of adjustment and the arc of the spray
head is over a street or parking lot; or (iii) a head that is misting because
of high water pressure; or
c. During irrigation, allowing Water to: (i) run off a property and
form a stream of Water in a street for a distance of fifty feet (50’) or
greater; or (ii) pond in a street or parking lot to a depth greater than one-
quarter of an inch;
4. Cause or allow outdoor watering with sprinklers or irrigation
systems between the hours of 10 a.m. and 6 p.m., daily;
5. Cause or allow landscape watering with sprinklers or irrigation
systems at any service address more than two (2) times per week and/or on a
day other than that specified for such service address in the schedule provided
below:
a. Residential addresses ending in an even number (0, 2, 4, 6,
or 8) may water on Wednesdays and Saturdays.
b. Residential addresses ending in an odd number (1, 3, 5, 7 or
9) may water on Thursdays and Sundays.
c. All non-residential locations (apartment complexes,
businesses, industries, parks, medians, etc.) may water on Tuesdays and
Fridays.
This prohibition applies to landscape watering of parks, golf courses, and
sports fields. Notwithstanding the foregoing, Commercial Customers are
excepted as specifically set forth below.
B. Exceptions. The following activities shall be allowed as exceptions to
Section 9.05(A) as expressly provided below:
1. Foundations may be watered up to two hours on any day using a
handheld hose, soaker hose or drip irrigation system placed within 24-inches of
the foundation that does not produce a spray of Water above the ground.
2. Newly installed shrubs (first year) and trees (two years) may be
watered up to two hours on any day by handheld hose, drip irrigation, a soaker
hose or tree bubbler. Tree watering is limited to an area not to exceed the drip
line of a tree. Upon demand, documentation of installation date shall be
provided.
Town Council 93 of 103 Meeting Date: July 20, 2009
3. Outdoor watering at service addresses with large multi-station
irrigation systems may take place in accordance with the terms of a written
variance granted by the District Manager in accordance with the process
established by the Trophy Club Municipal Utility District No. 1.
4. Establishing new turf is discouraged. If hydro mulch, grass sod, or
grass seed is installed for the purpose of establishing a new lawn, there are no
watering restrictions for the first 30 days while it is being established. After that,
the watering restrictions set forth in this stage apply. (This does not include
overseeing with rye since turf already exists.)
5. Golf courses may water greens and tee boxes without restrictions,
however watering shall only be allowed before 10 a.m. and after 6 p.m. daily.
Fairways are restricted to twice per week watering as outlined above (before 10
a.m. and after 6 p.m. daily). Golf course rough is restricted to once per week
watering.
6. Skinned areas of sports fields may be watered as needed for dust
control.
7. Professional sports fields (playing fields within a stadium only – not
surrounding landscaping) may be watered as needed to maintain league
standards.
8. Washing of any motor vehicle, motorbike, boat, trailer, airplane, or
other vehicle shall be limited to the use of a hand-held bucket or a hand-held
hose equipped with a positive-pressure shutoff nozzle for quick rinses. Vehicle
washing may be done at any time on the premises of a commercial car wash or
commercial service station. Companies with an automated on-site vehicle
washing facility may wash its vehicles at anytime. Further, such washing may be
exempt from these requirements if the health, safety, and welfare of the public
are contingent upon frequent vehicle cleansing, such as garbage trucks and
vehicles used to transport food and perishables.
9. A Commercial Customer may use a different watering schedule
than the one set forth above in this Section as long as such Customer limits each
service address to a twice per week schedule and use of such watering schedule
is approved in writing by the District Manager.
9.06 Stage 2 Drought Conditions – Prohibited Conduct and Exceptions.
A. Stage 2 Drought Conditions – Prohibited Conduct. Upon
declaration that Stage 1 Drought conditions are in effect, mandatory
restrictions to prohibit Non-essential Water Use shall become effective. It
shall be unlawful for a Person to engage in any one or more of the acts
listed below. No Person shall:
Town Council 94 of 103 Meeting Date: July 20, 2009
1. Cause or allow any actions in violation of the Stage 1 restrictions
specified in Section 9.05 above.
2. Cause or allow landscape watering with sprinklers or irrigation
systems more than one (1) time per week on the date specified by the District
Manager for the Trophy Club Municipal Utility District No. 1 and adopted by the
Town via Ordinance duly enacted by the Town Council as required by law. This
prohibition includes landscape watering at parks, golf courses, and sports fields.
Notwithstanding the foregoing, Commercial Customers are excepted as set forth
below.
3. Cause or allow watering for dust control on skinned areas of sport
fields.
4. Cause or allow use of Water for dust control, except to protect
public health.
5. Cause or allow the operation of ornamental fountains or ponds that
use potable Water except where necessary to support aquatic life or where such
fountains or ponds are equipped with a recirculation system.
6. Cause or allow the filling of swimming pools with automatic valves.
7. Cause or allow the use of Water from fire hydrants for any purpose
other than firefighting related activities or other activities necessary to maintain
public health, safety and welfare, except as specifically provided below.
B. Exceptions. The following activities shall be allowed as exceptions to
Section 9.06(A) as expressly provided below:
1. Foundations may be watered up to two (2) hours on any day by
handheld hose; or using a soaker hose or drip irrigation system placed within 24-
inches of the foundation that does not produce a spray of Water above the
ground.
2. Newly installed shrubs (first year) and trees may be watered up to
two (2) hours on any day by handheld hose, drip irrigation, or a soaker hose.
Tree watering is limited to an area not to exceed the drip line of a tree. Upon
demand, documentation of installation date shall be provided.
3. Outdoor watering at service addresses with large multi-station
irrigation systems may take place in accordance with the terms of a written
variance granted by the District Manager in accordance with the process
established by the Trophy Club Municipal Utility District No. 1.
Town Council 95 of 103 Meeting Date: July 20, 2009
4. Golf courses may water greens and tee boxes as needed to keep
them alive, however watering shall only be allowed before 10 a.m. and after 6
p.m. Fairways are restricted to once per week watering as outlined above (before
10 a.m. and after 6 p.m.). Golf course rough shall not be watered and are not
excepted from the requirements of this Article.
5. Professional sports fields (playing fields within a stadium only (not
surrounding landscaping) may be watered as needed to maintain league
standards.
6. A Commercial Customer may use a different watering schedule
than the one set forth above in this Section as long as such Customer limits each
service address to a twice per week schedule and use of such watering schedule
is approved in writing by the District Manager.
7. It is an exception to the prohibition in 9.06(A)(7) above if a Person is
using the Water from a fire hydrant pursuant to a permit issued by the District
Manager specifying the use of designated hydrants.
8. If hydro mulch, grass sod, or grass seed is installed for the purpose of
establishing a new lawn, there are no watering restrictions for the first thirty (30)
days while it is being established. After that, the watering restrictions set forth in
this stage apply. (This exception does not include watering for over seeding with
rye since turf already exists.)
9.07 Stage 3 Drought Conditions – Prohibited Conduct and Exceptions.
A. Stage 3 Drought Conditions – Prohibited Conduct. Upon
declaration that Stage 3 Drought conditions are in effect, mandatory
restrictions to prohibit Non-essential Water Use shall become
effective. It shall be unlawful for a Person to engage in any one or
more of the acts listed below. No Person shall:
1. Cause or allow any actions in violation of either the Stage 1 or
Stage 2 restrictions specified in Sections 9.05 or 9.06 above.
2. Cause or allow landscape watering, including at parks, golf
courses, and sports fields.
3. Cause or allow the establishment of new landscaping.
4. Cause or allow vehicle washing except as specifically provided
herein.
Town Council 96 of 103 Meeting Date: July 20, 2009
5. Cause or allow the operation of ornamental fountains or ponds that
use potable Water except where necessary to support aquatic life.
6. Cause or allow the draining, filling, or refilling of new swimming
pools, wading pools and Jacuzzi type pools. Existing private and public pools
may add water to maintain pool levels; however they may not be refilled using
automatic fill valves.
B. Exceptions. The following activities shall be allowed as exceptions to
Section 9.07(A) as expressly provided below:
1. Foundations may be watered up to two (2) hours on any day by
handheld hose; or using a soaker hose or drip irrigation system placed within 24-
inches of the foundation that does not produce a spray of Water above the
ground.
2. Trees may be watered up to two (2) hours on any day by handheld
hose, drip irrigation, or a soaker hose. Tree watering is limited to an area not to
exceed the drip line of a tree.
3 Golf course greens only may be watered by hand-held hose as
needed to keep them alive, however watering must be done before 10 a.m. and
after 6 p.m.
4. Professional sports fields (playing fields with a stadium only – not
surrounding landscaping) may be watered as needed to maintain league
standards.
5. A Commercial car wash, a commercial service station or a private
on-site vehicle washing facility shall only be allowed to operate as necessary for
health, sanitation, or safety reasons, including but not limited to the washing of
garbage trucks and vehicles used to transport food and other perishables. All
other vehicle washing is prohibited.
C. Pool Permits. When Stage 3 Drought conditions are in effect, no permits
shall be issued for new swimming pools, Jacuzzi-type pools, spas, ornamental
ponds and fountain construction. Pools already permitted and under construction
may be completely filled with Water.
9.08 Termination of Restrictions.
Stage 1, Stage 2, or Stage 3 may be terminated upon notice by either the City of
Fort Worth or the Trophy Club Municipal Utility District No. 1.
9.09. Enforcement. No Person shall intentionally, knowingly, or recklessly
violate any provision of this Article. A violation of this Article shall be a Class “C”
Town Council 97 of 103 Meeting Date: July 20, 2009
Misdemeanor punishable upon conviction by a fine of not less than $1.00 and not
more than $2,000.00 for each violation and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or continues.
Criminal enforcement of the regulations contained herein shall be cumulative of
any and all civil remedies available at law or in equity.”
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 Water
Conservation and Drought Contingency 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.
Town Council 98 of 103 Meeting Date: July 20, 2009
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to
publish the Caption, Penalty and Effective Date of this Ordinance as required by
Section 52.011 of the Texas Local Government Code.
SECTION 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 20th day of July, 2009.
Mayor, Connie White
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Town Council 99 of 103 Meeting Date: July 20, 2009
Lisa Hennek, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
Town Council 100 of 103 Meeting Date: July 20, 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-241-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:7/10/2009 Town Council
On agenda:Final action:7/20/2009
Title:Items for Future Agendas.
Attachments:Items for Future Agendas
Action ByDate Action ResultVer.
Town Council 101 of 103 Meeting Date: July 20, 2009
109-241-T Version:File #:
Title
Items for Future Agendas.
Town Council 102 of 103 Meeting Date: July 20, 2009
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. Establish and implement a process for Hotel inspections. (Edstrom added on 1/21/08)
3. Discuss and consider options to approve the upkeep of rental property, with or without creating a Building
Standard Commission. (Edstrom – 4/21/08)
4. Discuss and receive an update on the Comprehensive Land Plan. (Edstrom – 10/20/08)
5. Discuss and take appropriate action regarding a Library Focus Group or other plan for exploring options
and compiling data for a future library. (Wilson)
6. Discuss and take appropriate action regarding culvert issues on Skyline Park. (Wilson added on 4/6/09)
7. Discuss and take appropriate action regarding an update/celebration for the opening of the new Bryon
Nelson High School. (Edstrom added April 20, 2009)
8. Item to receive a report to alleviate the congestion of games/practices on the baseball and the parking
issues. (Wilson added May 6, 2009)
9. Discuss and take appropriate action regarding Code of Ethics (Mayor White – 6/1/2009)
10. Discuss and take appropriate action regarding Charter Amendment Proposition 19 – Budget (Rose -
6/1/2009)
11. Discuss and take appropriate action regarding Board/Commission Handbook Amendments – (Rose -
6/1/2009)
12. Discuss and take appropriate action regarding Open Record Requests (Mayor White – 6/1/2009)
13. Discuss and take appropriate action regarding a survey sponsorship. (Wilson – 6/1/2009)
Town Council 103 of 103 Meeting Date: July 20, 2009