Agenda Packet TC 06/22/2009Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, June 22, 2009
7:00 P.M.
A.1 Call to order and announce a quorum.
A.2 Invocation.
A.3 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God,
one and indivisible."
A.4 Citizen Presentations: this is an opportunity for citizens to address the Council on
any matter whether or not it is posted on the agenda. The Council is not
permitted to take action on or discuss any presentations made to the Council at
this time concerning an item not listed on the agenda. The Council will hear
presentations on specific agenda items prior to the Council addressing those
items. 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.
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.
C.1 Discuss and take appropriate action on an update from Park Board members and
staff concerning the development of Northeast Park.
C.2 Discuss and take appropriate action regarding the Highlands Amenity Lakes and
Trails.
C.3 Staff update regarding the 2009 Fourth of July Celebration; discussion of same.
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.
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C.5 Update from staff regarding the Fiscal Year 2009-2010 Budget and basic
assumptions; setting goals and objectives and discussion of the same.
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.
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.
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.
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.
C.10 Items for Future Agenda.
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.
.2 Discuss and take appropriate action relative to Executive Session Item Number D
D1.
E.1 urn.
Adjo
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-22-2009
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-22-2009
Subject: Agenda Item No.A.2
Invocation.
Invocation will be offered by Fire Chief Thomas.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-22-2009
Subject: Agenda Item No.A.3
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state
under God, one and indivisible."
Pledges will be led by Police Chief Kniffen.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-22-2009
Subject: Agenda Item No.A.4
Citizen Presentations: this is an opportunity for citizens to address the
Council on any matter whether or not it is posted on the agenda. The
Council is not permitted to take action on or discuss any presentations
made to the Council at this time concerning an item not listed on the
agenda. The Council will hear presentations on specific agenda items prior
to the Council addressing those items. 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.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-22-2009
Subject: Agenda Item No.B.1
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, June 1, 2009.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lh)
Attachments: 1. Minutes dated June1, 2009
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MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, June 1, 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 1, 2009. The meeting was held within the boundaries of the Town and
was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Kathleen Wilson Council Member
Glenn Strother Council Member
Bill Rose Council Member
TOWN COUNCIL MEMBERS ABSENT:
Susan Edstrom Council Member
Philip Sterling Mayor Pro Tem
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Shannon DePrater Deputy Town Secretary
Patricia Adams Town Attorney
Kathy DuBose Finance Director
Danny Thomas Fire Chief
Scott Kniffen Police Chief
Carolyn Huggins Planning & Zoning Coordinator
A.1 Mayor White called to order and announced a quorum at 7:00 P.M.
Mayor White announced that Council member Edstrom and Mayor Pro Tem Sterling
would be absent.
A.2 Fire Chief Danny Thomas offered the Invocation.
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A.3 Council member Rose led the Pledges.
A.4 Oath of Office for Council member Wilson to be administered by Municipal
Court Judge, Mark Chambers and Presentation of Certificate of Election
from the Mayor.
Municipal Court Judge, Mark Chambers administered the Oath of Office and Mayor
White presented the Certificate of Election to Council member Elect Wilson.
A.5 Presentation by Chief Deputy Lee Howell of Denton County Sheriff’s Office
regarding the Shared Governance Communications System Proposal, and
discussion of same.
No action taken.
Chief Deputy Howell explained the proposal of the Interlocal Agreement with Denton
County with the fees being passed on to the Town. These would be recalculated each
year based on the total percentage of use of the system.
Chief Deputy Howell addressed questions from Town Manager Emmons and the Town
Council.
A.6 Citizen Presentations:
No presentations were made.
Council member Wilson asked that B.2 be removed since she was not present at the
meeting. Town Manager Emmons explained she could still vote on the minutes as
presented to Council.
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 to approve
financials and variance report dated:
a. April 2009
B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes
dated May 18, 2009.
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End of Consent
TOWN COUNCIL CONVENED INTO REGULAR SESSION
*REGULAR SESSION
C.1 Discuss, provide direction, and take appropriate action regarding the
amendments to the Town's Home Rule Charter put into effect at the May 18,
2009 Council meeting, including impact to our current system of
government and necessary future action.
Town Attorney Adams explained the amendments. Staff is currently working on the
revisions to the amended Charter.
Town Manager Emmons explained the Budget amendment to the Charter and
department goals for the budget. Emmons shared that the goals could be reviewed
during the Budget workshops. Council member Rose added that the Budget
amendment will take time to implement. Rose would like to implement a Ways & Means
committee to focus on the process of the budget and not necessarily the numbers.
Mayor White addressed the Ways & Means conversation stating it would need to be
addressed during Future Agenda Items.
Mayor White asked Town Manager Emmons to have staff review other cities Code of
Ethics and to have a sub-committee of Council to review. Emmons shared he has
already begun researching other cities and it will take some time for him to finish his
research to bring to Council.
Mayor White questioned Town Attorney Adams in regards to the best time to create the
Council sub-committee. Adams stated it would be better to wait for a full Council.
Mayor White asked Council members to let her know if they are willing to serve on this
sub committee.
Adams stated Staff will bring back an Ordinance of the amendments to the
Administration Chapter of Codification Rose added that the Boards/Commission
Handbook and Article 6 will also have amendments
No action taken.
C.2 Discuss and take appropriate action regarding an Ordinance amending the
Town of Trophy Club Code of Ordinances, Chapter 11 - Public Works,
Article VI - Stormwater Runoff, Section 6.05 - Runoff From Construction
Activity, to add additional controls over erosion and off-site tracking by
vehicles from construction sites, and controls for airborne pollutants.
Town Manager Emmons stated the Town of Trophy Club has new residential
construction occurring throughout the Town from Eagles Ridge in the northeast area of
Town to The Highlands neighborhoods in the north/northwest area of Town. In addition,
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residential remodels and commercial construction occasionally occur throughout the
town. Construction, both new and remodels, creates dust, noise and disruptions to
residents. In an effort to reduce these nuisances, staff asks for additional controls on
runoff, off-site tracking by vehicles, and airborne pollutants.
Motion made by Wilson, seconded by Rose to approve an Ordinance amending the
Town of Trophy Club Code of Ordinances, Chapter 11 - Public Works, Article VI -
Stormwater Runoff, Section 6.05 - Runoff From Construction Activity, to add additional
controls over erosion and off-site tracking by vehicles from construction sites, and
controls for airborne pollutants.
Motion passed unanimously without further discussion.
C.3 Update from staff regarding the implementation of an Administrative Policy
that requires the payment of a deposit prior to the commencement of plan
review by Staff for building permit applications, and discussion of same.
Town Manager Emmons said that Staff is advising Council of the implementation of an
administrative policy that will require the payment of a deposit prior to the
commencement of plan review by Staff.
When a set of plans to construct a new building (residential or commercial), a
commercial tenant finish out or remodel is submitted to the Permit Department, a “plan
review deposit” would be collected. The plan review deposit would be applied to the
total cost of the building permit, but otherwise would be non-refundable.
The current economic conditions have slowed housing starts and plans submitted for
review by builders are left at the Town offices for long periods of time (several months),
often not picked up by the builder until a buyer has signed a contract for the house. In
the meantime, Staff has spent time and effort reviewing the plans. Since payment is not
collected from the builder until plans are picked up after plan review and approval by
staff, compensation is not given for staff review if the builder leaves the plans
unclaimed. After plan review and approval, when the builder comes to pay for the
permit, the deposit will be applied to the amount due.
As currently allowed by ordinance, the builder must pick up plans within six months of
submittal or the plans become void and must be resubmitted. The deposit is non-
refundable and forfeited at the six month time period.
Mayor Pro Tem Sterling registered support for this Item stating it is only fair for the
Town to charge a deposit from builders prior to commencing plan review. It aligns our
incentives by our both having "skin in the game" (our staff time, their deposit). Hopefully
this would encourage the builders to promptly pick-up and pay for their completed
permits. Sterling does not think 50% deposit is unfair. After all, why would you apply
for a permit in the first place, if you don't intend to pick it up?
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Mayor White shared she is comfortable with the requirement of a 25% deposit.
Council member Wilson is in agreement with Mayor Pro Tem Sterling and the deposit is
reasonable.
Council member Strother asked what is included in a resubmitted plan review and
would a new deposit be required? Planning & Zoning Coordinate Carolyn Huggins
explained the process of a change review within six months of the permit, there is only
the change review charge. Council member Rose concurs with the 25% deposit.
Council also discussed issuing extensions should they be necessary.
Update only, no action taken.
C.4 Discuss and take appropriate action regarding a real estate contract
between the Town and NISD for the Town's purchase of land for an
elevated water storage site and providing for the Town's relinquishment of
its interest in a 5,625 square foot tract of land located on the Medlin Middle
School site and designated as a future elevated water storage site.
Town Manager Emmons stated that on November 3, 2008, the Town Council authorized
the purchase of 1.723 acres located at the southwest corner of the Byron Nelson High
property. The purchase price for this tract of land was set not to exceed a price of
$113,000.
Motion made by Wilson, seconded by Strother to approve a real estate contract
between the Town and NISD for the Town's purchase of land for an elevated water
storage site and providing for the Town's relinquishment of its interest in a 5,625 square
foot tract of land located on the Medlin Middle School site and designated as a future
elevated water storage site.
Mayor White asked if this property was owned by the MUDs. Town Attorney Adams
said that information of ownership and/or dedication would have been noted on the plat
and that there was no record of such. Mayor White expressed concern over the Town
having to buy the site.
Motion passed unanimously.
C.5 Discuss and take appropriate action regarding the date for the second
regular Town Council meeting in June.
Mayor White is scheduled to be out of Town on June 15th on a previously planned
Mission trip and respectfully asked the Council to consider moving the June 15th
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meeting to June 22nd. Council member Wilson has indicated scheduling conflicts with
both dates.
Mayor Pro Tem Sterling said that he is available the rest of the Monday’s this month
and does not have a preference as to when the next meeting is scheduled.
Motion made by Strother, seconded by Wilson to move the June 15th meeting to June
22nd.
Motion passed unanimously without further discussion.
C.6 Discuss and take appropriate action regarding a Resolution of the Town
Council of the Town of Trophy Club, Texas, nominating one (1) member to
the Board of Managers of the DENCO Area 9-1-1 District.
The Board of Managers is the governing body for the Denco Area 9-1-1 District. The
county, participating cities and the Denton County Fire Chiefs Association appoint the
Board. Board members serve staggered two-year terms and are eligible for
reappointment. Ms. Olive Stephens - Vice chair DENCO and Mayor of Shady Shores is
up for re-election. DENCO advised that there are no requirements needed to nominate
a person for the DENCO Board of Managers. However, most people who run do serve
in a public capacity.
Bob Radder emailed Council asking to be nominated. Mayor Pro Tem Sterling supports
nominating Bob Radder.
Motion made by Rose, seconded by Strother to approve a Resolution nominating Bob
Radder to the Board of Managers of the DENCO Area 9-1-1 District.
Motion passed unanimously.
C.7 Discuss and take appropriate action to set a date for the first Town budget
workshop.
Town Manager Emmons stated that the Council has the opportunity to set the date for
the first comprehensive budget workshop. It is anticipated that the workshop will be
held on a Saturday in early July. In addition to the full workshop, Staff will be
scheduling subsequent mini workshops in conjunction with the regular Council
meetings.
Mayor Pro Tem Sterling indicated that afternoons would be best for him and that he
usually works Friday through Sunday every week.
Mayor White set July 18, 2009 for the first Town Budget Workshop.
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C.8 Receive a progress report on the Highlands of Trophy Club Public
Improvement District #1, discussion and appropriate action regarding
same.
Town Manager Emmons provided that a substantial portion of the public improvements
for the Highlands at Trophy Club PID #1 are nearing completion. The purpose of this
item is to provide a progress report for all of the funded items, whether completed,
under construction, or proposed.
No action taken.
C.9 Items for Future Agenda.
Mayor White asked that Item #6 be removed and added the following:
• an item for discussion for the number of Open Record Requests and remedies, if
available
• Assigning Council liaisons to the various Boards and Commissions
• Council Code of Ethics
Council member Rose asked if the Town had a drainage study.
Council member Wilson updated the Council on the status of a survey sponsorship and
asked that this item be placed on the list.
TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION AT 10:00 P.M.
EXECUTIVE SESSION
D.1 Council to convene into executive session pursuant to Texas Government
Code, Annotated, Section 551.071 (1) and (2) "Consultation With Attorney,"
in order to seek the advice of its attorney as follows:
A. Legal advice relative to Cause No. 2009-40021-362, Trophy Club
Municipal Utility District No. 2 v. Town of Trophy Club, pending in the
362nd District Court of Denton County, Texas, including the Intervention
into the lawsuit by MUD1, pending Declaratory Judgment suits filed by
MUD1 and MUD2, pending appeals, and potential settlement of same.
TOWN COUNCIL TO RECONVENED INTO REGULAR SESSION AT 10:15 P.M.
*REGULAR SESSION
D.2 Discuss and take appropriate action relative to Executive Session Item
Number D1.
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Motion made by Strother, seconded by Rose to direct Town Attorney to dismiss cross
appeal as soon as possible.
Mayor White clarified that dismissing the cross appeal will end all further legal activity.
Motion passed unanimously without further discussion.
E.1 Adjourn.
Motion made by Wilson, seconded by Rose to adjourn. Meeting adjourned at 10:17
P.M.
____________________________ ___________________________
Lisa Hennek, Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-22-2009
Subject: Agenda Item No.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.
EXPLANATION: The 2008-2009 fiscal year budget was adopted by the Town Council
on September 22, 2008. The budget included no provision specifically for outside legal
services. In January, 2009 a lawsuit was filed against the Town requiring the retention
of outside legal services. The lawsuit has now ended with a total cost of outside legal
services of $107,500.00. The attached ordinance amends the 2008-2009 General Fund
budget by appropriating an additional $107,500.00.
RECOMMENDATION: Staff recommends approval of the budget amendment.
(KD/PAA)
Attachments: 1. Budget Amendment Ordinance
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2009-
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS AMENDING THE BUDGET OF THE TOWN OF
TROPHY CLUB, TEXAS; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING FOR AN
AMENDMENT; PROVIDING A SAVINGS AND REPEALER
CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING
FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas Fiscal Year 2008-2009 Budget was
adopted within the time and in the manner required by State Law; and
WHEREAS, in that Budget, the Town Council appropriated funds for outside
professional services based upon prior year experience; and
WHEREAS, in January, 2009, a lawsuit was filed against the Town by Trophy
Club Municipal Utility District No. 2 and later Trophy Club Municipal Utility District No. 1
joined that lawsuit against the Town; and
WHEREAS, the Town Council determined it appropriate to retain specialized
outside legal services to provide a defense to the causes of action filed by the MUDs;
and
WHEREAS, the cost of providing the defense for the Town exceeded the amount
available in the Legal Department Budget for Outside Professional Services and no
funds had been budgeted specifically for outside legal services; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas hereby finds
and determines that it is prudent to amend one specific line item due to the unforeseen
situation that occurred with the legal defense of the Town and which impacted the line
item specified below; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas further finds
that the amendment, as set forth in Exhibit “A”, will serve in the public interest and is
necessary to support Town operations; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas finds and
determines that the change in the Budget for the stated municipal purpose serves best
interests of the taxpayers, is necessary and warrants action at this time;
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NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
The Town of Trophy Club, Texas, Fiscal Year 2008-2009 Budget is hereby
amended to fund the line items as stated in Exhibit “A.” This Amendment No. 1 (Exhibit
“A”) to the Original Budget of the Town of Trophy Club, Texas, for the Fiscal Year 2008-
2009 shall be attached to and made part of the Original Budget by the Town Secretary
and shall be filed in accordance with State Law. This Ordinance is hereby adopted and
shall constitute the first budget amendment that has occurred since the October 1, 2008
effective date of the Town’s Fiscal Year 2008-2009 Budget.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting the Fiscal Year 2008-2009 Budget of the Town and shall not repeal any of the
provisions of such Ordinances except in those instances where provisions of those
Ordinances are in direct conflict with the provisions of this Ordinance; whether such
Ordinances are codified or uncodified, and all other provisions of the Ordinances of the
Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this
Ordinance, shall remain in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of the Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in the Ordinance records of the Town and to properly record
this Ordinance in accordance with the Town Charter.
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SECTION 6.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 22nd day of June, 2009.
_______________________________
Mayor, Connie White
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
_______________________________
Town Attorney
Town of Trophy Club, Texas
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Exhibit “A”
Town of Trophy Club
Budget Amendment No. 1
Fiscal Year 2008-2009 General Fund Expenditure Budget Increase of $107,500 for
outside legal services associated with a lawsuit.
Original Budget Amendment Amended Budget
Legal Services $ -0- $ 107,500 $ 107,500
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-22-2009
Subject: Agenda Item No.C.1
Discuss and take appropriate action on an update from Park Board
members and staff concerning the development of Northeast Park.
EXPLANATION:
Northeast Park will be the first park scheduled for development as part of the Highlands
at Trophy Club Public Improvement District. Park Board members with the assistance of
staff will give a small presentation to council.
RECOMMENDATION:
ACTION BY COUNCIL:
No action necessary. The purpose of this item is to provide information only.
(bse)
Attachments: 1. Conceptual Opinion of Probable Construction Cost
2. Conceptual Plan
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-22-2009
Subject: Agenda Item No.C.2
Discuss and take appropriate action regarding the Highlands Amenity
Lakes and Trails.
EXPLANATION:
The Highlands Amenity (irrigation) Lakes and Trails are 2 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 until all outstanding issues
are resolved.
RECOMMENDATION:
Staff recommends no action be taken.
ACTION BY COUNCIL:
(bse)
Attachments: 1. Highlands Amenity Lakes Presentation
2. Highlands Amenity Trails Presentation
3. SAP Exhibit “B”
4. Exhibit “A” Construction Funding Agreement
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-22-2009
Subject: Agenda Item No.C.3
Staff update regarding the 2009 Fourth of July Celebration; discussion of
same.
EXPLANATION:
Staff will update the Council on the various activities that will occur throughout the day
on July 4, 2009.
RECOMMENDATION:
ACTION BY COUNCIL:
(AA)
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-22-2009
Subject: Agenda Item No.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.
EXPLANATION:
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.
RECOMMENDATION:
Staff recommends approval.
ACTION BY COUNCIL:
(AA)
Attachments: 1. EDC4A funding request
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-22-2009
Subject: Agenda Item No.C.5
Update from staff regarding the Fiscal Year 2009-2010 Budget and basic
assumptions; setting goals and objectives and discussion of the same.
EXPLANATION:
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. While we are well past that timing for the current
process, in order to expeditiously incorporate the Council's priorities in the development
of the 2009-2010 proposed budget, we have created the attached "Council Priority
Questionnaire". As you know, 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.
Also attached are the basic assumptions for the development of the Manager's
proposed budget.
RECOMMENDATION:
ACTION BY COUNCIL:
No action is required for this item.
(kd)
Attachments: 1. Priority Questionnaire Instructions
2. Council Priority Questionnaire
3. Assumptions for 2009-10 Budget
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-22-2009
Subject: Agenda Item No.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.
EXPLANATION:
Staff recommends cancelling Council’s Regular meeting on September 7, 2009 (Labor
Day).
In addition to the Regular Scheduled Council meetings (1st and 3rd Monday of each
month) for July, August and September, Special Sessions are tentatively scheduled for
the following:
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 (Staff recommends cancelling)
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)
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-22-2009
Subject: Agenda Item No.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.
EXPLANATION:
The Ordinance was an exhibit to the Real Estate Contract between NISD and the Town
for the purchase of the property for the location of the new Town water tower. The
contract was authorized by Council on November 3, 2008 and the Real Estate Contract
was approved by the Council at its June 1, 2009 meeting. The 5,625 square foot tract
of land is that area identified on a site plan for Medlin Middle School as having been
designated for the location of a water tower. The Town is receiving a $4,500.00 offset
from the $113,000 purchase price for the new water tower site in exchange for its
agreement to relinquish any and all interest it has in the 5,625 square food tract of land
located on the Medlin school site.
The Town Charter requires that the conveyance of any lands of the Town be approved
via Ordinance.
RECOMMENDATION:
Staff recommends approval.
ACTION BY COUNCIL:
Approve the Ordinance abandoning all interest in an approximate 5,625 square foot
tract of land located near the Medlin Middle School.
(paa)
Attachments: 1. Ordinance
2. Site Plan for Medlin Middle School as “Future Elevated Water Storage
Res”, Exhibit “A”
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2009-
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
ABANDONING ALL OF ITS INTEREST, WHETHER OBTAINED
THROUGH DEDICATION, OWNERSHIP, OR OTHERWISE, IN A TRACT
OF LAND OF APPROXIMATELY 5,625 SQUARE FOOT IN SIZE, MORE
OR LESS, AND LOCATED NEAR THE MEDLIN MIDDLE SCHOOL IN
TROPHY CLUB, DENTON COUNTY, TEXAS; PROVIDING FOR THE
INCORPORATION OF FINDINGS; PROVIDING FOR THE TOWN’S
ABANDONMENT/RELINQUISHMENT OF A 5,625 SQUARE FOOT
TRACT OF LAND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT “A”
AS “FUTURE ELEVATED WATER STORAGE RES”; PROVIDING FOR
A SAVINGS AND REPEALING CLAUSE; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE.
WHEREAS, the Town of Trophy Club, Texas (“Trophy Club”), has received a
request from Northwest Independent School District, to abandon all of its interest,
whether obtained through dedication, ownership, or otherwise, in an approximately
5,625 square foot tract of land, and all private improvements located thereon and all
private appurtenances thereto, such land being located near the Medlin Middle School
in Trophy Club, Texas and more particularly designated on the Site Plan for Medlin
Middle School as “Future Elevated Water Storage Res”, Exhibit “A”, a copy of which is
attached hereto and incorporated herein (hereinafter referred to as the “Real Estate”);
and
WHEREAS, the Town has entered in to a transaction with Northwest
Independent School District for the purchase of a tract of land from NISD for the location
of a Town water tower, and as part of that transaction, the Town received a reduction in
the purchase price for the future water tower site in consideration of the Town Council’s
relinquishment of all interest in the Real Estate; and
WHEREAS, the Town Council of the Town of Trophy Club (the “Town Council”)
through the passage of this Ordinance in accordance with the Town’s Home Rule
Charter, hereby relinquishes all right, title and interest to the Real Estate including all
private improvements located thereon and all private appurtenances thereto, in
accordance with the terms of this Ordinance; and
WHEREAS, the Town Council has investigated and has determined that the
relinquishment serves the best interests of the public and hereby approves the
relinquishment of the Town’s interest in the Real Estate via the passage of this
Ordinance.
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NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1: Findings Incorporated. The above and foregoing premises are true
and correct and are incorporated herein and made a part hereof for all purposes.
Section 2: Abandonment/Relinquishment of Real Estate. The Town of Trophy
Club through the passage of this Ordinance hereby abandons all of its interest and
rights in and to the Real Estate, including all private improvements located thereon and
all private appurtenances thereto, as depicted in Exhibit “A” hereto, whether obtained
through dedication, ownership, or otherwise; provided however that the Town expressly
reserves all rights, title and interest in public infrastructure and improvements located
upon, under, and/or adjacent to the Real Estate.
Section 3: Savings/Repealing Clause. All provisions of any ordinance in conflict
with this Ordinance are hereby repealed to the extent that they are in conflict. Any
remaining portions of such ordinances shall remain in full force and effect.
Section 4: Severability. Should any section, subsection, sentence, clause, or
phrase of this Ordinance be declared unconstitutional or invalid by a court of competent
jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance
shall remain in full force and effect. Town hereby declares that it would have passed
this Ordinance, and each section, subsection, clause or phrase thereof irrespective of
the fact that any one or more sections, subsections, sentences, clauses and phrases be
declared unconstitutional or invalid.
Section 5: Effective Date. This Ordinance shall become effective immediately
upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS, on this 22nd day of June, 2009.
Connie White, Mayor
ATTESTED AND CORRECTLY APPROVED AS TO FORM:
RECORDED:
Lisa Hennek, Town Secretary Patricia A. Adams, Town Attorney
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Exhibit “A”
Future Elevated Water Storage (“Real Estate”)
Site Plan – Medlin Middle School
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-22-2009
Subject: Agenda Item No.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.
EXPLANATION:
See #1 Memorandum from Police Chief Kniffen.
RECOMMENDATION:
Staff recommends approval.
ACTION BY COUNCIL:
(sk)
Attachments: 1. Memorandum
2. Resolution
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MEMORANDUM
To: Mayor, Council, and Town Manager Date: May 29, 2009
From: Chief Kniffen Re: Grant Resolution
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.
The Department has submitted a grant application to the Department of Justice for
equipment to augment our law enforcement programs. The short time frame from the
opening to the closing of the grants, scheduling of the council meetings, and additional
duties within the department resulted in the submission of this grant application prior to
scheduling the resolution for approval. The resolution was not required for submission
and a delay in approval will not affect the grant.
There are no matching funds required for this equipment. It will be fully funded.
The equipment requested includes an off-road vehicle to replace the ATV previously
used by the department to patrol Trophy Club Park. The new trails that connect the
park with the high school, winding behind homes and near the amenity lakes are
unsuitable for patrol vehicles. The off-road vehicle would increase our patrol of these
trails and enhance our ability to respond to emergencies or patrol Trophy Club Park.
The proposed off-road vehicle is a Kawasaki Mule type vehicle. The grant would
include an additional two year warranty so maintenance over the first three years would
be minimal. It is proposed that the vehicle be kept at the park in the locked shed where
the ATV was stored.
Additional equipment requested includes wearable video cameras and accessories for
officers. We have tested one of these cameras and find that it is an excellent addition to
our in-car video, offering back-up audio recording as well as close-up video and audio of
drivers and pedestrians we may encounter. It will enhance our DWI enforcement as the
Horizontal Gaze Nystagmus and other field sobriety tests can be recorded up close
while the in-car video captures a distant view. It will also enhance our investigation of
family violence type cases where the in-car video and sometimes the audio as well is
insufficient or non-existent. The recorders are weather resistant, armored devices that
are about the size and weight of a pager and offer up to four hours record time.
Included in this request is stand-alone server that will store all department video.
I respectfully request approval of this resolution.
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TOWN OF TROPHY CLUB
RESOLUTION NO. 2009-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, APPROVING THE SUBMISSION OF THE
GRANT APPLICATION FOR THE CRIMINAL JUSTICE LAW
ENFORCEMENT INITIATIVE FOR THE 2009-2010 FISCAL YEAR:
AUTHORIZING THE TOWN MANAGER OR HIS DESIGNEE TO
EXECUTE ALL NECESSARY DOCUMENTS; AND PROVIDING AN
EFFECTIVE DATE:
WHEREAS, The Town of Trophy Club finds it in the best interest of the citizens
of Town of Trophy Club that the Law Enforcement Utility Vehicle and Criminal Justice
Personal Officer Video Recorder Initiatives be operated in the 2009-2010 fiscal year;
and
WHEREAS, The Town of Trophy Club agrees that in the event of loss or misuse
of the Criminal Justice Division funds, the Town of Trophy Club assures that the funds
will be returned to the Criminal Justice Division in full; and
WHEREAS, The Town of Trophy Club designates Brandon Emmons, Town
Manager, as the grantee’s authorized Official. The authorized official is given the power
to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency
and to execute or name a designee to execute all necessary documents.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS;
Section 1. That the Town of Trophy Club approves submission of the grant
application for the CRIMINAL JUSTICE LAW ENFORCEMENT INITIATIVE to the
Office of the Governor, Criminal Justice Division and authorizes the Town Manager or
his designee to execute all necessary documents.
Section 2. That, this Resolution shall become effective from and after its date
of passage in accordance with law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this 22nd day of June, 2009.
______________________________
Mayor, Connie White
Town of Trophy Club, Texas
ATTEST:
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___________________________________
Town Secretary
Town of Trophy Club, Texas
[Seal]
APPROVED AS TO FORM:
____________________________________
Town Attorney
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-22-2009
Subject: Agenda Item No.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.
EXPLANATION:
Based on the May 9, 2009 Charter Amendments, certain sections of Section 6.01 had to
be amended.
RECOMMENDATION:
Staff recommends approval.
ACTION BY COUNCIL:
(paa)
Attachments: 1. Red-lined Ordinance
2. Ordinance
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2009-
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
REPEALING SECTION 6.01 ENTITLED “RULES OF PROCEDURE”, OF
ARTICLE VI, ENTITLED “TOWN COUNCIL RULES OF PROCEDURE”
OF CHAPTER 1 “ADMINISTRATION” OF THE CODE OF
ORDINANCES AND ADOPTING A NEW SECTION 6.01 ENTITLED
“RULES OF PROCEDURE”, OF ARTICLE VI, ENTITLED “TOWN
COUNCIL RULES OF PROCEDURE” OF CHAPTER 1
“ADMINISTRATION” OF THE CODE OF ORDINANCES TO PROVIDE
CONSISTENCY WITH RECENTLY ADOPTED CHARTER
AMENDMENTS, TO MAKE PROCEDURAL CHANGES, AND TO MAKE
CLERICAL CORRECTIONS; PROVIDING A SAVINGS AND REPEALER
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town Council establishes rules and procedures to ensure that
its meetings are conducted in an orderly manner; and
WHEREAS, as a result of the May, 2009 election, amendments to the Town’s
Home Rule Charter have been enacted; and
WHEREAS, the recently adopted Charter Amendments require changes to
quorum requirements, voting, and other procedural requirements currently contained in
the Rules of Procedure governing the Town Council; and
WHEREAS, the Town Council has the authority to generally review and make
changes to its procedural rules as it determines appropriate for the orderly conduct of its
meetings; and
WHEREAS, having reviewed the existing procedures and considering the
changes mandated by the recently adopted amendments to the Town’s Home Rule
Charter, the Town Council hereby finds that the amendment of various subsections in
Section 6.01 of Article VI of the Code of Ordinances is in order; and
WHEREAS, due to the extensive nature of the revisions to Section 6.01, the
Council has determined it to be beneficial to repeal Section 6.01 in its entirety and adopt
a new Section 6.01 of Article VI of Chapter I of the Code of Ordinances of the Town;
and
WHEREAS, having considered each and every one of the revisions proposed
herein, the Council finds that the adoption of the newly proposed Section 6.01 as set
forth herein serves the best interests of the Town.
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NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
Section 6.01 entitled “Rules of Procedure” of Article VI entitled, “Town Council Rules of
Procedure” of Chapter 1, entitled “Administration” of the Code of Ordinances of the Town
of Trophy Club, Texas is hereby repealed and a new Section 6.01 entitled “Rules of
Procedure” of Article VI entitled, “Town Council Rules of Procedure” of Chapter 1, entitled
“Administration” of the Code of Ordinances of the Town of Trophy Club is hereby adopted
to be and read in its entirety as follows:
Section 6.01 Rules of Procedure
A. Authority
1. Ordinance: Pursuant to Section 3.11 of the Home Rule Charter of the
Town of Trophy Club, the Town Council shall determine its own results
of procedure.
B. General Rules
1. Meetings to be Public
All official meetings of the Town Council and all sessions of a
Committee of the Town Council shall be public.
2. Quorum
The governing body of the Town consists of a Mayor and five (5)
Council members. Attendance at a Council meeting by four (4) of the
six (6) members of the Town Council constitutes a quorum for the
purpose of a regular or special meeting.
3. Attendance
As specified in the Town Charter, should a member of the Town
Council fail to attend three consecutive regular meetings without being
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excused by the Council, his/her office may be declared forfeited by the
Council. A member of the Town Council who is unable to attend a
Council meeting shall notify the Town Secretary of his/her inability to
attend the meeting and shall provide an explanation of the conflict or
other reason that prevents his/her attendance. Notice to the Town
Secretary shall be provided as soon as practicable after the member
becomes aware that he/she will be absent. The Town Secretary shall
notify the Council of the absence prior to the beginning of the Council
meeting from which the member will be absent.
4. Misconduct
The Town Council may punish its own members for misconduct.
5. Minutes of Town Council Meetings
An account of all proceedings of the Town Council shall be kept by the
Town Secretary and shall be entered into a book constituting the official
record of the Town Council.
6. Questions to Contain One Subject
All questions submitted for a vote shall contain only one subject. If two
or more points are involved, any member may require a division, if the
question reasonably admits of a division.
7. Right to Floor
Any Town Council member desiring to speak shall be recognized by the
Chairman/Mayor. No member shall be allowed to speak more than
once on any one subject until every member wishing to speak shall
have spoken.
8. Town Manager
The Town Manager, Assistant Town Manager, or Acting Town
Manager, shall attend all meetings of the Town Council unless excused.
The Town Manager, Assistant Town Manager, or Acting Town Manager
may make recommendations to the Town Council and shall have the
right to take part in all discussions of the Town Council, but shall have
no vote.
9. Town Attorney
The Town Attorney, or Acting Town Attorney, shall attend all meetings
of the Town Council unless excused and shall, upon request, give an
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opinion, either written or oral, on questions of law. The Town Attorney
shall act as the Town Council’s parliamentarian.
10. Town Secretary
The Town Secretary, or Acting Town Secretary, shall attend all
meetings of the Town Council unless excused, and shall keep the
official minutes and perform such other duties as may be requested of
him/her by the Town Council.
11. Officers and Employees
Any officer or employee of the Town; when requested by the Town
Manager, shall attend any meeting of the Town Council. If requested to
do so by the Town Manager, they may present information relating to
matters before the Town Council.
12. Rules of Order
Robert’s Rules of Order Newly Revised shall govern the proceedings of
the Town Council.
13. Suspension of Rules
Suspension of Rules. Any provision of these rules may be temporarily
suspended by a two-thirds vote of all members of the Town Council in
attendance. The vote on any such suspension shall be taken by a
show of hands and entered into the record.
14. Amendment to Rules
These rules may be amended, or new rules adopted with a favorable
vote by four (4)members of the Town Council in attendance, provided
that the proposed amendments or new rules shall have been introduced
into the record at a prior Town Council meeting.
C. Types of Meetings
1. Regular Meetings
The Town Council shall meet in the Council/Board Room at the
Municipal Utility District Building, 100 Municipal Drive, Trophy Club,
Texas on the first and third Monday of each month to be scheduled for
7:00 p.m. o’clock, unless otherwise officially changed by the Town
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Council.
2. Special Meetings
Special meetings may be called by the Mayor or by any three members
of the Town Council. The call for a special meeting shall be filed with
the Town Secretary in written form, except that announcement of a
special meeting, during any regular meeting at which all members are
present, shall be sufficient notice of such special meeting. The call for a
special meeting shall specify the day and the hour of the special
meeting, and shall list the subject or subjects to be considered. No
special meeting shall be held until at least 72 hours after the call is
issued. Only such business may be transacted at a special meeting as
may be listed in the call for said meeting or as incident thereto.
3. Emergency Meetings
In case of emergency or urgent public necessity, which shall be
expressed in notice of the meeting, an emergency meeting shall be
called by the Chairman/Mayor or on the application of three (3)
members of the Town Council, and it shall be sufficient if the notice is
posted two (2) hours before the meeting is convened.
4. Recessed Meetings
Any meeting of the Town Council may be recessed to a later time,
provided that no recess shall be for a longer period than until the next
regular meeting.
5. Public Hearings:
All meetings shall be held in full compliance with the provisions of state
law and Codes of the Town. Any party in interest may appear in his/her
own behalf or be represented by counsel or agent.
The Town Secretary shall set public hearing dates for the Town Council
as requested, be responsible for timely advertising in the official
newspaper, and notify interested parties according to requirements of
the Town Council.
D. Chairman and Duties
1. Chairman
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The Mayor, if present, shall preside as Chairman at all meetings of the
Town Council. In the absence of the Mayor, the Mayor Pro-Tem shall
preside. In the absence of both the Mayor and the Mayor Pro-Tem, the
Town Council shall elect a chairman.
2. Call to Order
The meetings of the Town Council shall be called to order by the
Mayor, or in his absence, by the Mayor Pro-Tem. In the absence of
both the Mayor and the Mayor Pro-Tem, the meeting shall be called to
order by the Town Secretary.
3. Preservation of Order
The Chairman shall preserve order and decorum, prevent personalities
from becoming involved in debate and confine members in debate to
the question under discussion.
4. Points of Order
All points of order shall be made to the Parliamentarian who shall then
advise the Chair accordingly. The Chairman shall make the final
determination on all points of order, subject to the right of any member
to appeal to the Town Council. If any appeal is taken, the question shall
be, “Shall the decision of the Chairman be sustained?” If a majority of
the members present vote “no”, the ruling of the chair is overruled;
otherwise it is sustained.
5. Questions to be Stated
The Chairman shall state all questions submitted for a vote and
announce the result. The announcement of the result will include the
number of votes for, number of votes against and abstentions, or state
if unanimous.
6. Substitution of Chairman
The Chairman may call any other member to take his place in the chair,
such substitution not to continue beyond adjournment.
E. Order of Business
1. Agenda
The business of each meeting shall be as contained in the Agenda in
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the order established by the Mayor. The Town Secretary shall prepare
the agenda. The agenda shall be a listing of topics to be considered by
the Town Council and delivered to members of the Town Council each
Thursday preceding the Monday meeting to which it pertains. The
agenda may provide for a work session immediately preceding the
commencement of the Council meeting in order to allow Council
discussion and questions related to one or more of the items posted on
the agenda.
2. Presentations by Members of Town Council – Future Agenda Items
The agenda shall provide a time when the Mayor or any Town Council
member may bring before the Town Council any business that the
Town Council member believes should be deliberated upon by the
Town Council at a future meeting of the Town Council. However,
pursuant to the Town Charter, before any item is placed for discussion
and/or action on a future Town Council agenda, a request for its
placement on the agenda shall be made by either the Mayor or by any
two (2) Councilmembers. These matters need not be specifically listed
on the agenda, but discussion and formal action on such matters shall
be deferred until a subsequent Town Council meeting provided that the
requirements of Chapter 551 Texas Government Code have been met.
3. Agenda Deadline
Any Town Council member or Committee Chairperson desiring to
present a subject for the Town Council’s consideration shall advise the
Town Secretary’s office in writing of that fact not later than 10:00 a.m.
on Friday, (10 days prior) to the meeting at which the Town Council
member wishes the subject to be considered.
4. Presentations by Citizens
Presentations by citizens, with or without prior notification, shall be
limited to a total of six minutes, with three minutes of time allowed prior
to Council discussion and three minutes of time allowed subsequent to
Council discussion but before the Chair calls for a vote. It is within the
discretion of the Chair to reasonably extend those limits. Citizens must
turn in a completed “Request to Speak” form to the Town Secretary
Presentations by representative(s) of organized groups, with or without
prior notification, shall be limited to a total of six minutes, with three
minutes of time allowed prior to Council discussion and three minutes of
time allowed subsequent to Council discussion but before the Chair
calls for a vote. It is within the discretion of the Chair to reasonably
extend those limits. A “Request to Speak” form must be completed and
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turned in to the Town Secretary.
The foregoing rules and time limitation shall also apply to citizens
appearing at a public hearing being held by the Town Council pursuant
to any official notice thereof.
All citizens shall refrain from private conversations in the chamber while
the Town Council is in session.
Citizens attending Town Council meetings shall observe the same rules
of priority, decorum, and good conduct applicable to the administrative
staff. Any persons making personal, impertinent, or slanderous
remarks, or who becomes boisterous while addressing the Town
Council or while attending the Town Council meeting, shall be removed
from the room if the Chief of Police (or his representative) is so directed
by the Mayor/Chairman, and such person shall be barred from further
audience before the Town Council during that session of the Town
Council.
Unauthorized remarks from the audience, stamping of feet, whistles,
yells and similar demonstrations shall not be permitted by the
Mayor/Chairman, who shall direct the Chief of Police to remove such
offenders from the room.
In case the Chairman shall fail to act, any other of the Town Council
may move to require the Chair to enforce the rules, and the affirmative
vote of a majority of all members present of the Town Council shall
require the presiding officer to act.
No placards, banners or signs of any kind shall be permitted in the
Council Chamber unless exhibits, displays and visual aids are used in
connection with presentations to the Town Council, provided that such
exhibits, displays and visuals aids do not disrupt the meeting.
5. Presentations by Town Manager
Matters requiring the Council’s attention which may have developed
since the deadline for delivery of the written communication to the
Council may be presented orally by the Town Manager for informational
purposes only in accordance with Chapter 551 Texas Government
Code.
6. Seating Arrangement
The Town Manager, Town Secretary, and Town Attorney shall occupy
the respective seats in the Council Chamber assigned to them by the
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Chairman/Mayor, but any two (2) or more of the Town Council may
exchange seats.
F. Consideration of Ordinances, Resolutions and Motions
1. Printed or Typewritten Form
All ordinances and resolutions shall be presented to the Town Council
only in printed or typewritten form.
2. Town Attorney to Approve
All ordinances and resolutions shall be approved as to form and legality
by the Town Attorney.
3. Distribution of Ordinances
The Town Secretary shall prepare copies of all proposed ordinances for
distribution to all members of the Town Council at the meeting at which
the ordinance is introduced, or at such earlier time as is expedient.
4. Recording of Votes
The show of hands shall be taken and entered upon the passage of all
ordinances and resolutions and entered into the official record of the
Council.
5. Vote Required for Approval
Approval of every ordinance, resolution, or motion shall require the
affirmative vote of four (4) of the members of the Town Council in
attendance.
6. Mayoral Vote
The Mayor shall have a vote on all matters before the Council.
7. Conflict of Interest
Should any person on the Town Council have a conflict of interest
pursuant to any State laws and/or Town ordinances regulating conflicts
of interest with regard to an item on the Council agenda, such person
shall openly declare the conflict before the discussion proceeds, shall
complete an affidavit as required by state law, and shall be prohibited
from participating in the discussion or vote on the item.
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8. Abstention from Voting
Should any person on the Town Council abstain from voting on an
agenda item where no conflict of interest under State law and/or Town
ordinance exists, the person’s vote shall be recorded as a negative vote
in the minutes of the Council meeting.
G. Rules of Decorum
1. Recognition by Chairman/Mayor
No person shall address the Town Council without first being
recognized by the Chairman/Mayor.
2. Order
While the Council is in session, the members must preserve order and
decorum, and a member shall neither, by conversation or otherwise,
delay or interrupt the proceedings or the peace of the Town Council nor
disturb any member while speaking or refuse to obey the orders of the
Chairman/Mayor. Members of the Town Council shall not leave their
seats during a meeting without first obtaining the permission of the
Chairman/Mayor.
3. Chairman/Mayor May Debate
The Chairman/Mayor may move only to such limitations of debate as
are the rights and privileges of a Town Council member by reason of
his acting as the Chairman/Mayor. If the Chairman/Mayor is engaged
in debate and is abusing his position as chairman, at the insistence of
any three (3) Council members, the Chairman/Mayor member must
relinquish the chair in accordance with provisions of Robert’s Rules of
Order Newly Revised.
4. Getting the Floor, Improper References to be Avoided
Every member desiring to speak shall address the chair, and upon
recognition by the Chairman/Mayor shall confine himself/herself to the
questions under debate, avoiding all personalities and inappropriate
language.
5. Interruptions
A member, once recognized, shall not be interrupted when speaking
unless it be to call the member to order, or as herein otherwise
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provided. If a member, while speaking, is called to order, the Town
Council member shall cease speaking until the question of order be
determined and, if in order, the Town Council member shall be
permitted to proceed.
H. Parliamentary Motions and Precedence
1. Discussion of Items
Each agenda item shall be considered open for discussion when that
item is announced by the Chairman/Mayor. If a member wishes to
challenge an agenda item on the basis that the item is not a proper
topic for Council discussion, such member shall state that he or she
“objects to the consideration of the question”. This action does not
require a second. When the objection is made, the Chairman/Mayor
shall immediately call the question: “Will the assembly consider this
question?” If 2/3 of the members vote “no”, the question cannot be
introduced. An objection to consideration of a question must be made
when the item is first introduced and before it has been debated. A
motion for appropriate action shall be made after discussion of an item
has been concluded.
2. Motions
After obtaining the floor a motion can be made before the assembly on
the particular subject of discussion. A “Second” to the motion must be
made by another Town Council member within a reasonable but brief
time period. Without a “second” the motion dies. No main motion can
be made when another motion is pending.
3. Withdrawal of Motions
A motion may be withdrawn, or modified, by its mover without asking
permission until the motion has been stated by the Chairman/Mayor. If
the mover modifies his motion, the person who seconds the motion
may withdraw his second. After the question has been stated, the
mover shall neither withdraw it nor modify it without the consent of the
Council.
4. Stating the Question
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In principle, the Chairman/Mayor must state the question on a motion
immediately after it has been made and seconded, unless the Council
member is obligated to rule that the motion is out of order or if the
wording is not clear.
5. Amendments to Motions
No motion or proposition of a subject different from that under
consideration shall be admitted under color of amendment. A motion to
amend an amendment shall be in order, but one to amend an
amendment to an amendment shall not be in order.
6. Debate
Debate must be limited to the merits of the immediately pending
question as stated by the chair and by authority of the Chairman/Mayor.
7. Calling for the Questions
The Chairman/Mayor may “call for the question” without a vote if debate
appears to have closed and if there are not objections by any Council
member. Any Council member may “call for the question” to take the
vote on the immediately pending question and such other questions as
are specified in the motion. The Chairman/Mayor then shall take a vote
of the Council to close debate.
8. Point of Order or Parliamentary Inquiry
A member may interrupt debate for immediate consideration of
questions relating to rights and privileges of the assembly. The
Chairman/Mayor will decide the question or may refer to the Town
Attorney for a ruling. The Chairman/Mayor’s decision is subject to
appeal to the Town Council.
I. Creation of Committees, Boards and Commissions
1. Council Committees
The Council may, as the need arises, authorize the appointment of “ad
hoc” committees. Except where otherwise specifically provided, the
Mayor shall appoint the members of the “ad hoc” committees, subject to
the approval of the Town Council. Any committee so created shall
cease to exist upon the accomplishment of the special purpose for
which it was created or when abolished by a majority vote of the Town
Council.
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2. Citizen Boards, Commissions, and Committees
The Town Council may create other Committees, Boards and
Commissions to assist in the conduct of the operation of the Town
government with such duties as the Council may specify. Memberships
and selection of members shall be as provided by the guidelines in
Resolution No. 2008-22, as amended, to appoint committees. Any
committees, boards, or commissions so created shall cease to exist
upon the accomplishment of the special purpose for which it was
created, or when abolished by a majority vote of the Town Council. No
committee so appointed shall have powers other than advisory to the
Town Council, except as otherwise specified by the laws of the State of
Texas.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other ordinances of the Town affecting
rules of procedure and shall not repeal any of the provisions of such ordinances except
in those instances where provisions of those ordinances are in direct conflict with the
provisions of this Ordinance; whether such ordinances are codified or uncodified, and all
other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified,
not in conflict with the provisions of this Ordinance, shall remain in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or
its application 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 the Ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in accordance with the Town Charter and by filing this
Ordinance in the Ordinance records of the Town.
SECTION 6.
EFFECTIVE DATE
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This Ordinance shall become effective from and after its date of passage and
publication as required by law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 22nd day of June, 2009.
Mayor, Connie White
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Lisa Hennek, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-22-2009
Subject: Agenda Item No.C.10
Items for Future Agenda.
LIST:
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 (6/1/2009)
11. Discuss and take appropriate action regarding Board/Commission Handbook
Amendments – (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 an Ordinance regarding a real
estate contract between the Town and NISD for the Town's purchase of land for
an elevated water storage site and providing for the Town's relinquishment of its
interest in a 5,625 square foot tract of land located on the Medlin Middle School
site and designated as a future elevated water storage site. (6/1/2009)
14. Discuss and take appropriate action regarding a survey sponsorship. (Wilson –
6/1/2009)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-22-2009
Subject: Agenda Item No.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.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-22-2009
Subject: Agenda Item No.D.2
Discuss and take appropriate action relative to Executive Session Item
Number D1.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-22-2009
Subject: Agenda Item No.E.1
Adjourn.
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