Agenda Packet TC 11/16/2009Town Council
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom7:00 PMMonday, November 16, 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.
REGULAR SESSION
1.09-378-T Consider and take appropriate action by Resolution, casting all of the Town’s allocated
votes (14) and the PID Emergency Services allocated vote (1) for a candidate or
candidates to serve as a member of the Denton Central Appraisal District Board of
Director.
DCAD.pdf
RES 2009-XX DCAD Appraisal District Board Votes cast for XX.pdf
Attachments:
2.09-395-T Consider and take appropriate action by Resolution, casting the Town’s allocated vote
(1) for a candidate to serve as a member of the Tarrant Appraisal District Board of
Directors.
TAD.pdf
RES 2009-XX TAD Appraisal District Board Votes cast for XX.pdf
Attachments:
Town Council 1 of 94 Meeting Date: November 16, 2009
November 16, 2009Town Council Meeting Agenda
3.09-456-T Consider and take appropriate action regarding an Ordinance canvassing the Election
held on November 3, 2009 in the Town of Trophy Club, Texas; canvassing Election
returns and declaring Election results of the Special Bond Election for the purpose of
approval of the Issuance of General Obligation Bonds.
Ord. 2009-XX Canvassing the 11-3-09 Park Bond Election.pdfAttachments:
4.09-457-T Consider and take appropriate action regarding an engagement letter to retain the
services of Vinson and Elkins as the Town's Bond Counsel to provide bond related
legal services for the issuance of the park bonds approved at the November, 2009
Election.
Vinson and Elkins Engagement Letter- Nov09 Park Bond Election.pdfAttachments:
5.09-466-T Consider and take appropriate action regarding the Citizen of the Year guidelines,
criteria and voting process for the 2009 Recipient.
Staff Update (COY Process).pdf
History (Minutes) of COY.pdf
Citizen of the Year Recognition Form_2009.pdf
Attachments:
6.09-465-T Consider and provide direction relative to expanding the scope of the duties of the Tree
Board in reference to beautification.
Chapter 12, Article 8, Section 8.02 Tree Board.pdfAttachments:
7.09-464-T Consider and take appropriate action regarding the May 8, 2010 Joint Election
Agreement between the Town of Trophy Club and Trophy club Municipal Utility District
No. 1.
Joint Elec(5-8-10) Agreement with TCMUD1.pdfAttachments:
8.09-461-T Consider and provide direction regarding the Town’s 25th Anniversary festivities, to
include establishing an Ad Hoc Committee to plan this event.
9.09-473-T Discuss and take appropriate action regarding an ordinance amending Section 2.02(B)
entitled "Speed of Vehicles," and 2.03(B) entitled "Stop Signs" of Article II, “Traffic and
Vehicles”, of Chapter 10 “Public Safety” of the Code of Ordinances, designating special
speed zones and stop intersections in the Town; providing a penalty not to exceed $200
for violations, and providing an effective date.
Ord 2009-XX Speed Zones and Street Signs.pdfAttachments:
10.09-496-T Council to receive an update on amendments to the Trophy Club PID No. 1 Service and
Assessment Plan regarding the changes to the lot category for NH 8, and discussion of
the same.
Supplemental Annual Service Plan Update.pdfAttachments:
11.09-463-T Receive a report from Town Manager Emmons regarding the delinquency for Town of
Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club), NH8,
and discussion of same.
Year to Date Recapulation for PID4.pdfAttachments:
Town Council 2 of 94 Meeting Date: November 16, 2009
November 16, 2009Town Council Meeting Agenda
12.09-467-T Items for future Agenda.
Items for Future Agendas.pdfAttachments:
13.09-468-T Mayor and Council Update regarding training opportunities, educational sessions,
upcoming events and regional meetings.
EXECUTIVE SESSION
14.09-497-T Council to convene into executive session pursuant to Texas Government Code,
Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the
goals and objectives, evaluation and contract extension of Town Manager, Brandon
Emmons.
03_Emmons Contract 12-2008(FINAL).pdfAttachments:
RECONVENE INTO REGULAR SESSION
15.09-499-T Consider and take appropriate action relative to Executive Session Item Number File ID
09-497.
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, November 12, 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 94 Meeting Date: November 16, 2009
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-378-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:9/8/2009 Town Council
On agenda:Final action:11/16/2009
Title:Consider and take appropriate action by Resolution, casting all of the Town’s allocated votes (14) and
the PID Emergency Services allocated vote (1) for a candidate or candidates to serve as a member
of the Denton Central Appraisal District Board of Director.
Attachments:DCAD.pdf
RES 2009-XX DCAD Appraisal District Board Votes cast for XX.pdf
Action ByDate Action ResultVer.
Town Council 4 of 94 Meeting Date: November 16, 2009
109-378-T Version:File #:
Title
Consider and take appropriate action by Resolution, casting all of the Town’s allocated votes (14) and the PID
Emergency Services allocated vote (1) for a candidate or candidates to serve as a member of the Denton Central
Appraisal District Board of Director.
Body
Based on the tax levy for the Town, the Townis allocated a total of fourteen(14) and the TrophyClub PID #1 Emergency
Services District Town, is allocated a total of one (1) vote to cast for nominated candidate(s) named on the ballot provided
by the Chief Appraiser of the Denton Central Appraisal District.
Town Council 5 of 94 Meeting Date: November 16, 2009
Town Council 6 of 94 Meeting Date: November 16, 2009
Town Council 7 of 94 Meeting Date: November 16, 2009
Town Council 8 of 94 Meeting Date: November 16, 2009
Town Council 9 of 94 Meeting Date: November 16, 2009
Town Council 10 of 94 Meeting Date: November 16, 2009
Town Council 11 of 94 Meeting Date: November 16, 2009
Town Council 12 of 94 Meeting Date: November 16, 2009
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2009-XX
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, CASTING ALL OF ITS FOUTEEN (14)
ALLOCATED VOTES FOR THE TOWN AND ITS ONE (1) ALLOCATED
VOTES FOR THE PID #1 EMERGENCY SERVICES DISTRICT
ALLOCATED VOTES FOR ______________ TO SERVE AS A
MEMBER OF THE DENTON CENTRAL APPRAISAL DISTRICT BOARD
OF DIRECTORS; PROVIDING FOR SUBMITTAL OF SAME TO THE
CHIEF APPRAISER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 6.03 of the Tax Code provides for the selection of
members for the Denton Central Appraisal District’s Board of Directors based on the
standard process of nominations and selection by the voting units in a taxing
jurisdiction;
WHEREAS, the Town of Trophy Club, Texas, based on the tax levy for the
Town, was allocated a total of fourteen (14) votes to cast for nominated candidate(s)
named on the ballot provided by the Chief Appraiser of the Denton Central Appraisal
District,
WHEREAS, the Town of Trophy Club, Texas, based on the tax levy for the
Trophy Club PID #1 Emergency Services District Town, was allocated a total of one
(1) vote to cast for nominated candidate(s) named on the ballot provided by the Chief
Appraiser of the Denton Central Appraisal District,
WHEREAS, upon receiving the selections submitted by all voting units of the
taxing jurisdiction, the five nominees receiving the most votes will be appointed
members of the Board of Directors for the Denton Central Appraisal District.
WHEREAS, it is the desire of the Town Council of the Town of Trophy Club,
Texas, to cast the Town’s fourteen (14) allocated votes to select
___________________ and the PID #1 Emergency Services District’s one (1) vote to
select ________________ for placement on the Board of Directors for the Denton
Central Appraisal District.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the Town of Trophy Club, Texas, hereby casts all of its
allocated votes for___________, to serve as a member of the Board of Directors for
the Denton Central Appraisal District.
Town Council 13 of 94 Meeting Date: November 16, 2009
- -
Section 2. That this Resolution, indicating the votes cast and candidate
selected, shall be submitted to the Chief Appraiser of the Denton Central Appraisal
District prior to December 15, 2009.
Section 3. That this Resolution shall become effective from and after its
date of passage in accordance with law, and it is so resolved.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 16th day of November, 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 14 of 94 Meeting Date: November 16, 2009
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-395-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:9/18/2009 Town Council
On agenda:Final action:11/16/2009
Title:Consider and take appropriate action by Resolution, casting the Town’s allocated vote (1) for a
candidate to serve as a member of the Tarrant Appraisal District Board of Directors.
Attachments:TAD.pdf
RES 2009-XX TAD Appraisal District Board Votes cast for XX.pdf
Action ByDate Action ResultVer.
Town Council 15 of 94 Meeting Date: November 16, 2009
109-395-T Version:File #:
Title
Consider and take appropriate action by Resolution, casting the Town’s allocated vote (1) for a candidate to serve as a
member of the Tarrant Appraisal District Board of Directors.
Body
The terms of service for the five (5) elected Directors of the Tarrant Appraisal District expire December 31, 2009. The
deadline for nominations has passed. Enclosed is a list of nominees for these five (5) positions and an official ballot.
The Town has (1) one allocated vote for Tarrant County.
Town Council 16 of 94 Meeting Date: November 16, 2009
Town Council 17 of 94 Meeting Date: November 16, 2009
Town Council 18 of 94 Meeting Date: November 16, 2009
Town Council 19 of 94 Meeting Date: November 16, 2009
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2009-XX
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, CASTING ITS ONE ALLOCATED VOTE FOR
______________ TO SERVE AS A MEMBER OF THE TARRANT
COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS;
PROVIDING FOR SUBMITTAL OF SAME TO THE CHIEF APPRAISER;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 6.03 of the Tax Code provides for the selection of
members for the Tarrant Appraisal District’s Board of Directors based on the
standard process of nominations and selection by the voting units in a taxing
jurisdiction;
WHEREAS, the Town of Trophy Club, Texas, based on the tax levy for the
Town, was allocated a total of one (1) vote to cast for nominated candidate(s) named
on the ballot provided by the Chief Appraiser of the Tarrant Appraisal District,
WHEREAS, upon receiving the selections submitted by all voting units of the
taxing jurisdiction, the five nominees receiving the most votes will be appointed
members of the Board of Directors for the Tarrant Appraisal District.
WHEREAS, it is the desire of the Town Council of the Town of Trophy Club,
Texas, to cast it’s one allocated vote to select ___________________ for placement
on the Board of Directors for the Tarrant Appraisal District.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the Town of Trophy Club, Texas, hereby casts all of its
allocated votes for _________, to serve as a member of the Board of Directors for
the Tarrant Appraisal District.
Section 2. That this Resolution, indicating the votes cast and candidate
selected, shall be submitted to the Chief Appraiser of the Tarrant Appraisal District
prior to December 15, 2009.
Section 3. That this Resolution shall become effective from and after its
date of passage in accordance with law, and it is so resolved.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 16th day of November, 2009.
Town Council 20 of 94 Meeting Date: November 16, 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 21 of 94 Meeting Date: November 16, 2009
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-456-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/4/2009 Town Council
On agenda:Final action:11/16/2009
Title:Consider and take appropriate action regarding an Ordinance canvassing the Election held on
November 3, 2009 in the Town of Trophy Club, Texas; canvassing Election returns and declaring
Election results of the Special Bond Election for the purpose of approval of the Issuance of General
Obligation Bonds.
Attachments:Ord. 2009-XX Canvassing the 11-3-09 Park Bond Election.pdf
Action ByDate Action ResultVer.
Town Council 22 of 94 Meeting Date: November 16, 2009
109-456-T Version:File #:
Title
Consider and take appropriate action regarding an Ordinance canvassing the Election held on November 3, 2009 in the
Town of Trophy Club, Texas; canvassing Election returns and declaring Election results of the Special Bond Election for
the purpose of approval of the Issuance of General Obligation Bonds.
Town Council 23 of 94 Meeting Date: November 16, 2009
TOWN OF TROPHY CLUB
ORDINANCE NO. 2009-
AN ORDINANCE CANVASSING THE ELECTION
HELD ON NOVEMBER 3, 2009 IN THE TOWN OF
TROPHY CLUB, TEXAS; CANVASSING ELECTION
RETURNS AND DECLARING ELECTION RESULTS
OF THE SPECIAL BOND ELECTION FOR THE
PURPOSE OF APPROVAL OF THE ISSUANCE OF
GENERAL OBLIGATION BONDS
WHEREAS, under and by virtue of Ordinance No. 2009-19 duly passed by
the Town Council of the Town of Trophy Club, Texas (the “Town”) on August 17,
2009 and published in accordance with the law, a special bond election was held in
said Town on November 3, 2009, (the “Election”) for the purpose of approval of the
proposition set forth below (the “Proposition”); and
WHEREAS, the Town Council has investigated all matters pertaining to the
election and has determined that notice of said Election was actually given as
required by law, and said Election was duly and legally held on November 3, 2009,
in conformity with the election laws of the State of Texas, the Town Charter and the
Voting Rights Act of 1965, and the results of said Election have been certified and
returned to the Town Council by the proper judges and clerks thereof; and
WHEREAS, the Town Council has today considered the returns of the
Election held on November 3, 2009, for the approval of the Proposition; and
WHEREAS, it further appears to the Town Council, and the Town Council
so finds, that the Town Secretary has tabulated the results of said Election and
certified such tabulation for the Town Council, and that there were cast at said
Election 928 votes, and that such tabulation is correct;
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
I.
That all of the findings contained in the preamble of this Ordinance are
found to be true and are adopted as findings of fact.
II.
That the tabulation of votes cast for the Proposition submitted for approval
at the Election, made and certified to by the Town Secretary of the Town, be and
the same is hereby adopted as the official tabulation filed and recorded in the
official records of the Town as the official canvass of said Election.
Town Council 24 of 94 Meeting Date: November 16, 2009
Ordinance 2009-XX (File ID 456)
III.
The official canvass of the returns of said Election reflect the following
results:
PROPOSITION NO. 1
THE ISSUANCE OF $5,000,000 GENERAL
OBLIGATION BONDS FOR PARK, OPEN SPACE AND
RECREATION IMPROVEMENTS AND LAND
ACQUISITION THEREFOR, AND THE LEVYING OF A
TAX IN PAYMENT THEREOF
FOR 490
AGAINST 438
TOTAL VOTES CAST 928
IV.
That it is further found and determined that the results of said Election as
canvassed and tabulated in this Ordinance reflect the expressed desires of the
voters of the Town.
V.
That, in conformity with law, the Town is hereby authorized to issue its
general obligation bonds in the amount and for the purpose set forth in Proposition
No. 1. PRESENTED AND PASSED on this the 16th day of November 2009, at a
regular meeting of the Town Council of the Town of Trophy Club, Texas.
__________________ _________
Mayor, Connie White
ATTEST:
__________________________
Town Secretary
APPROVED AS TO FORM:
__________________________
Town Attorney
Town Council 25 of 94 Meeting Date: November 16, 2009
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-457-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/4/2009 Town Council
On agenda:Final action:11/16/2009
Title:Consider and take appropriate action regarding an engagement letter to retain the services of Vinson
and Elkins as the Town's Bond Counsel to provide bond related legal services for the issuance of the
park bonds approved at the November, 2009 Election.
Attachments:Vinson and Elkins Engagement Letter- Nov09 Park Bond Election.pdf
Action ByDate Action ResultVer.
Town Council 26 of 94 Meeting Date: November 16, 2009
109-457-T Version:File #:
Title
Consider and take appropriate action regarding an engagement letter to retain the services of Vinson and Elkins as the
Town's Bond Counsel to provide bond related legal services for the issuance of the park bonds approved at the
November, 2009 Election.
Town Council 27 of 94 Meeting Date: November 16, 2009
Town Council 28 of 94 Meeting Date: November 16, 2009
Town Council 29 of 94 Meeting Date: November 16, 2009
Town Council 30 of 94 Meeting Date: November 16, 2009
Town Council 31 of 94 Meeting Date: November 16, 2009
Town Council 32 of 94 Meeting Date: November 16, 2009
Town Council 33 of 94 Meeting Date: November 16, 2009
Town Council 34 of 94 Meeting Date: November 16, 2009
Town Council 35 of 94 Meeting Date: November 16, 2009
Town Council 36 of 94 Meeting Date: November 16, 2009
Town Council 37 of 94 Meeting Date: November 16, 2009
Town Council 38 of 94 Meeting Date: November 16, 2009
Town Council 39 of 94 Meeting Date: November 16, 2009
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-466-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/4/2009 Town Council
On agenda:Final action:11/16/2009
Title:Consider and take appropriate action regarding the Citizen of the Year guidelines, criteria and voting
process for the 2009 Recipient.
Attachments:Staff Update (COY Process).pdf
History (Minutes) of COY.pdf
Citizen of the Year Recognition Form_2009.pdf
Action ByDate Action ResultVer.
Town Council 40 of 94 Meeting Date: November 16, 2009
109-466-T Version:File #:
Title
Consider and take appropriate action regarding the Citizen of the Year guidelines, criteria and voting process for the 2009
Recipient.
Body
Staff proposes the following timeline:
November 20, 2009 - December 31, 2009 - Advertise receipt of nominations
January 1, 2010 - January 29, 2010 Period to receive nominations
February 1, 2010 - Council to appoint one nominee to serve on the Volunteer Citizen of the Year Committee
March 15, 2010 - the Volunteer Citizen of the Year Committee will make a recommendation to the Town Council
April 5, 2010 - Town Council will announce Citizen of the Year
Town Council 41 of 94 Meeting Date: November 16, 2009
Last year the Citizen of the Year Committee (COYC) requested the Council consider expanding
the Teenage Category to a Youth Category to include eligibility for children under the age of 12.
The COYC also requested the Council provide direction as to the Committee’s obligation to
recommend a recipient in a particular category, should the nominee not meet the criteria for the
category they were submitted for.
The current nomination criterion is as follows:
Nominee must be a Trophy Club resident.
Nominee must not receive compensation for their nominated contribution.
Elected Officials of the Town of Trophy Club are not eligible for nominations based upon
their status as an Elected Official for the Town.
Staff members of the Town of Trophy Club are not eligible for nominations based upon or
due to their staff capacity for the Town.
Recognition should be for service performed during 2008.
Nominations must be submitted to Lisa Hennek, by email at lhennek@ci.trophyclub.tx.us,
fax - 817-491-9312, or mailed to 100 Municipal Drive.
Nominating Categories:
Philanthropic Volunteer Citizen of the Year – recognized for their outstanding work with a
non-profit organization (for example: raising funds, coordinating philanthropic events for
the organization, overseeing distribution of funds, etc.)
Civic Volunteer Citizen of the Year – recognized for their outstanding work in schools,
local government, parent teacher organizations, Boy Scouts of America, Girl Scouts of
America, 4H Clubs, etc.
Teenage Volunteer Citizen of the Year – a citizen between the ages of 12 and 18 who
made a difference in our community or schools.
The Volunteer Citizen of the Year Committee will make a recommendation to the Town Council at
their second meeting in March. The Committee will be comprised of one nominee from each
Council Member and the Mayor, as well as past Volunteer Citizen of the Year recipients who are
able to participate. Any member of the Selection Committee sharing a close, personal
relationship with a nominee (such as a relative, etc.) should recuse themselves from the
Committee.
All Citizens of the Year will be announced in the month of April, recognized at the Annual 4th of
July event and represented in the parade.
Staff proposes the following timeline:
November 20, 2009 – December 31, 2009 – Advertise receipt of nominations
January 1, 2010 - January 29, 2010 Period to receive nominations
February 1, 2010 - Council to appoint one nominee to serve on the Volunteer Citizen of the Year
Committee
March 15, 2010 - the Volunteer Citizen of the Year Committee will make a recommendation to the
Town Council
April 5, 2010 – Town Council will announce Citizen of the Year
Town Council 42 of 94 Meeting Date: November 16, 2009
November 17, 2008
C.7 Discuss and take appropriate action regarding the Citizen of the Year guidelines,
criteria and voting process and consider moving the date for submission and selection of
Citizen of the Year until May 2009.
This Item was placed on the Agenda per Council member Edstrom.
Town Manager Emmons gave the history of Citizen of the Year.
Council member Edstrom stated that she would like to move the Citizen of the Year to a later date
rather than awarding at Founder’s Day as it reduces the impact. Edstrom stated that 98% of
Citizen of the Year Awards are awarded by various chambers of commerce, rather than the
municipality. Edstrom said that former recipients felt that the award should include regional
philanthropy and include a youth category.
Council member Moss stated that there are a number of people who make significant
contributions though out the year and believes the acknowledgement needs to be broadened.
Mayor Pro Tem Sterling agreed that in order to avoid potential conflicts it is good to remove the
Town staff. Sterling is in favor of expanding the award and including a Junior Citizen of the Year.
Council member Wilson supports what has been suggested and discussed this far and suggested
a survey on the website.
Council member Strother suggested changing the title to Trophy Club Stars. Staff may have to
compile the nominations and then allow the community to decide/vote.
Bob Radder, 1 Lee Court – Stated he likes Strother’s idea.
Council members Edstrom and Wilson agreed to work together and revamp the program and
report back prior to the end of the year.
December 15, 2008 Minute Insert
C.5 Discuss and take appropriate action regarding the Citizen of the Year guidelines,
criteria and voting process, consider moving the deadlines for submission of
nominees, and changing the selection of Citizen of the Year to the month of May.
At Council’s November 17, 2008 meeting, Council members Edstrom and Wilson agreed to work
together and revamp the Citizen of the Year (COY) program and report back prior to the end of
the year. The following is their report:
Three category descriptions (philanthropic, civic and young adult volunteer) were added
The criteria that excluded elected officials was removed (although they do not think
election officials should be excluded either
Added criteria that the individual cannot receive compensation for their efforts
Dates still need to be determined
Changed from a Board to Committee – suggested to follow suit with NRH; one council
member nominates one person and the past COY winners are included to participate
Committee members should recuse themselves from the selection process should they
know a nominee
Mayor Pro Tem Sterling liked the categories, but said that philanthropic and civic are
intermingling. Council member Edstrom explained the difference; civic, i.e. Boy/Girl Scout troop
1
Town Council 43 of 94 Meeting Date: November 16, 2009
leaders, and philanthropic, i.e. similar to the events hosted by the Trophy Club Women’s Club,
(Tour of Homes, etc.)
Mayor Sanders suggested that the category be indicated by the person making the nomination.
Sanders prefers to move the date forward and feels that the recipient could still be recognized on
July 4th regardless of when Citizen of the Year is announced. Council member Strother and
Mayor Pro Tem Sterling agreed with the Mayor on pushing up the date until February or March.
Kevin Carr, 15 Edgemere Drive - Questioned if a person could be being nominated in more than
one area?
Steven Kohs, 18 Overhill Drive - Agreed with nomination and award process.
Council member Edstrom summarized the suggestions and changes discussed by Council;
adding definitions to philanthropic and civic, changing the date, adding a category, encouraging
nominations based on volunteerism as opposed to a paid position.
No action taken, input only.
March 2, 2009 Minute Insert
C.3 Discuss and take appropriate action regarding the Citizen of the Year Committee.
A. Each Council Member and the Mayor to select one nominee to serve on the
Committee.
The Volunteer Citizen of the Year Committee will make a recommendation to the Town Council at
their second meeting in March. The Committee will be comprised of one nominee from each
Council Member and the Mayor, as well as past Volunteer Citizen of the Year recipients who are
able to participate. Any member of the Selection Committee sharing a close, personal
relationship with a nominee (such as a relative, etc.) should recuse themselves from the
Committee.
Council member Moss appointed Kristin Greenwood.
Council member Edstrom appointed Peggy Sweeney.
Mayor Pro Tem Sterling appointed Rob Schmitz.
Council member Wilson appointed Pearl Ford.
Council member Strother appointed Steven Kohs.
Mayor Sanders appointed Sally Michelak.
April 6, 2009 Minute Insert
D.5 Receive and discuss the 2008 Volunteer Citizen of the Year Committees'
recommendation, and take appropriate action as necessary.
Council member Edstrom requested Council consider deferring the item until the April 20 meeting
when Council is scheduled to announce the recipients’ names. Council member Edstrom said
dealing with the item now lessens the excitement when Council makes the actual announcement.
Citizen of the Year Committee (COYC) representatives Pearl Ford and Peggy Sweeny addressed
the Council. The COYC requested the Council to consider expanding the Teenage Category to
include a Youth Category for the eligibility for children under the age of twelve.
The COYC discussed the categories for each nominee; agreeing that some nominees were
submitted in a category not applicable to the definition for that category.
2
Town Council 44 of 94 Meeting Date: November 16, 2009
3
The COYC also requested Council provide direction to the Committee’s obligation to recommend
a recipient in a particular category, should the nominees not meet the criteria for the category
they were nominated.
Mayor Pro Tem Sterling suggested that the category be left blank on the nomination form, leaving
the Committee to designate the category.
Motion made by Moss, seconded by Sterling to receive 2008 Volunteer Citizen of the Year
Committees' recommendation.
Motion passed 4:1, with Wilson abstaining.
April 20, 2009 Minute Insert
C.1 Discuss and take appropriate action regarding the 2008 Volunteer Citizen of the
Year Committees' recommendations.
Mayor Sanders presented certificates to each of the following nominees:
Laura Venator
Rick Gilliland
Jackie Stevens
Lou Hocker
Wendy Moss
Alyssa Edstrom
At their April 6, 2009 meeting the Town passed the following motion:
Motion made by Moss, seconded by Sterling to receive 2008 Volunteer Citizen of the Year
Committee's recommendation.
As recommended by the Citizen of the Year Committee, Mayor Sanders recognized the following
as recipients of the 2008 Citizen of the Year Award:
Philanthropic Category – Wendy Moss
Philanthropic Volunteer Citizen of the Year – recognized for their outstanding work with a
non-profit organization (for example: raising funds, coordinating philanthropic events for the
organization, overseeing distribution of funds, etc.)
Civic Category – Rick Gilliland
Civic Volunteer Citizen of the Year – recognized for their outstanding work in schools, local
government, parent teacher organizations, Boy Scouts of America, Girl Scouts of America,
4H Clubs, etc.
Teenage Category – Alyssa Edstrom
Teenage Volunteer Citizen of the Year – a citizen between the ages of 12 and 18 who made
a difference in our community or schools.
Town Council 45 of 94 Meeting Date: November 16, 2009
Volunteer Citizen of the Year Recognition Form
The Town of Trophy Club values the contributions its citizens make to enrich the
quality of life within our community. Volunteer Citizen of the Year Recognition
showcases the people who make Trophy Club unique and provides formal
acknowledgment of deserving individuals.
The period to receive nominations is January 1, 2010 through January 29, 2010,
for individual contributions within the community based upon the criteria and
categories noted below.
The nomination criterion is as follows:
Nominee must be a Trophy Club resident.
Nominee must not receive compensation for their nominated contribution.
Elected Officials of the Town of Trophy Club are not eligible for
nominations based upon their status as an Elected Official for the Town.
Staff members of the Town of Trophy Club are not eligible for nominations
based upon or due to their staff capacity for the Town.
Recognition should be for service performed during 2008.
Nominations must be submitted to Lisa Hennek, by email at
lhennek@ci.trophyclub.tx.us, fax - 817-491-9312, or mailed to 100
Municipal Drive.
Nominating Categories:
Philanthropic Volunteer Citizen of the Year – recognized for their
outstanding work with a non-profit organization (for example: raising
funds, coordinating philanthropic events for the organization, overseeing
distribution of funds, etc.)
Civic Volunteer Citizen of the Year – recognized for their outstanding work
in schools, local government, parent teacher organizations, Boy Scouts of
America, Girl Scouts of America, 4H Clubs, etc.
Teenage Volunteer Citizen of the Year – a citizen between the ages of 12
and 18 who made a difference in our community or schools.
Nomination information shall include a one-page explanation attached to this
form outlining the following:
How he/she went “above and beyond” within our community
Specific benefits as a result of their endeavors; individuals or groups
Testimonials from others; details on how the community, school or
organization benefited from the individual’s work. If available, time
volunteered, money raised or money saved through their actions.
Name, Address and Phone Number of Nominee
Name, Address and Phone Number of Nominator
Town Council 46 of 94 Meeting Date: November 16, 2009
Volunteer Citizen of the Year Recognition Form
The Volunteer Citizen of the Year Committee will make a recommendation to the
Town Council at their second meeting in March. The Committee will be
comprised of one nominee from each Council Member and the Mayor, as well as
past Volunteer Citizen of the Year recipients who are able to participate. Any
member of the Selection Committee sharing a close, personal relationship with a
nominee (such as a relative, etc.) should recuse themselves from the Committee.
All Citizens of the Year will be announced in the month of April, recognized at the
Annual 4th of July event and represented in the parade.
As you prepare your nomination form, we leave you with this inspiration:
Volunteers don't get paid, not because they're worthless, but because they're
priceless. ~Sherry Anderson
Nominee:
Nominating
Category:
Nominated by:
Date of
Nomination:
Reason for
nomination:
Town Council 47 of 94 Meeting Date: November 16, 2009
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-465-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/4/2009 Town Council
On agenda:Final action:11/16/2009
Title:Consider and provide direction relative to expanding the scope of the duties of the Tree Board in
reference to beautification.
Attachments:Chapter 12, Article 8, Section 8.02 Tree Board.pdf
Action ByDate Action ResultVer.
Town Council 48 of 94 Meeting Date: November 16, 2009
109-465-T Version:File #:
Title
Consider and provide direction relative to expanding the scope of the duties of the Tree Board in reference to
beautification.
Body
The Tree Board was created via the adoption of an ordinance that is currently codified as Article VIII, "Tree Preservation
and Removal" of Chapter 12, "Subdivision Regulations" of the Code of Ordinances. Section 8.02 (H) sets forth the
specific duties and responsibilities of the Board. Should Council desire to expand the scope of the Tree Board's duties
and responsibilities, that action will require an amendment to the existing ordinance. A copy of Section 8.02 is provided
in the backup. The Tree Board annually reviews the Town's Tree Ordinance and proposed revisions as it determines
necessary.
Staff seeks the direction of Council regarding future amendments to Article VIII. At Council's request, Staff is proposing
that Council consider expanding Tree Board's duties to include advising Town Staff and/or Town Council concerning any
issues regarding Town landscaping or Town sponsored displays of artwork or decorations. The Board would hear
resident or Staff concerns in these areas and provide advice to Staff to facilitate Staff's resolution of those concerns.
Town Council 49 of 94 Meeting Date: November 16, 2009
Chapter 12 – Subdivision Rules & Regulations
Rev. 03/26/09
Section 8.02 Tree Board
A. Creation and Establishment of a Town Tree Board: There is hereby created and established a
Town Tree Board for the Town, which shall consist of seven (7) regular members, each to be
appointed by a majority of the Town Council.
B. Term of Membership: Members of the Tree Board shall be appointed by the Town Council for a two
(2) year term, but serve at the pleasure of and subject to removal and re-appointment by the Town
Council. Two (2) members shall be appointed to serve one (1) year terms for the first year of the
Tree Board; and three (3) members shall be appointed to serve a two (2) year term. All successive
terms shall be served on the basis of two (2) year terms for all members. In the event that a vacancy
occurs on the Tree Board, the Town Council will appoint a new member to complete the un-expired
term. A member ceasing to reside in the Town, or elected to public office during his/her term of
office shall immediately forfeit his/her membership.
C. Resident of Town: Each member of the Tree Board shall be a resident of the Town at the time of
his/her appointment.
D. Officers: The Tree Board shall select from among its regular members, a chairman, and an acting
chairman to act in the absence of the chairman, and a secretary.
E. Meetings: All meetings of the Tree Board shall be open to the public. The Tree Board shall keep
minutes of its proceedings showing the vote of each member upon each question or, if absent or
failing to vote, indicating such fact, and shall keep record of its examinations and others official
actions, all of which shall be filed the office of the Town Manager or his designee and shall be a
public record. The Town Manager or his designee shall be the custodian and processor of the
records and minutes of the Tree Board.
Meetings of the Tree Board may be held as often as necessary to conduct the business coming
before the Board and shall be held at the call of the Chairman and at other such times as a majority
of the Board may determine.
F. Compensation: Members of the Board shall be volunteers and shall serve without compensation.
G. Attendance: Three (3) consecutive absences that are not excused by the Board, or the absence of
a regular member from more than twenty-five (25) percent of the posted meetings in any twelve (12)
month period, shall cause the Tree Board to review the attendance record of the member and make
a recommendation to the Town Council on continued service and reappointment.
H. Duties and Responsibilities: It shall be the responsibility of the Tree Board to:
1. Determine cash value for a tree replacement;
2. Designate Protected, Specimen, Historical, and Majestic trees, as defined herein;
3. Develop and approve tree lists;
Town Council 50 of 94 Meeting Date: November 16, 2009
Chapter 12 – Subdivision Rules & Regulations
Rev. 03/26/09
4. Inform and develop an informational tree pamphlet; and
5. Hear appeals.
6. Annually develop a written plan, in conjunction with the Town Manager or his designee for the
care, preservation, trimming, planting, replanting, removal, or disposition of trees and shrubs in
public ways, streets, alleys, and parks. Such plan will be presented annually to the Town
Council and upon acceptance and approval, shall constitute the official comprehensive Tree
Plan for the Town. The Town Manager or his designee shall be charged with carrying out the
plan.
(Ord. No. 2002-40, § II, 12-2-02 Repealed by Ord No. 2005-11, § II, 5-2-05), (Ord. No 2006-40, § II, 10-2-
06), (Ord. No. 2009-04, § II, 2-16-16 Repealed Article VIII)
Town Council 51 of 94 Meeting Date: November 16, 2009
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-464-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/4/2009 Town Council
On agenda:Final action:11/16/2009
Title:Consider and take appropriate action regarding the May 8, 2010 Joint Election Agreement between
the Town of Trophy Club and Trophy club Municipal Utility District No. 1.
Attachments:Joint Elec(5-8-10) Agreement with TCMUD1.pdf
Action ByDate Action ResultVer.
Town Council 52 of 94 Meeting Date: November 16, 2009
109-464-T Version:File #:
Title
Consider and take appropriate action regarding the May 8, 2010 Joint Election Agreement between the Town of Trophy
Club and Trophy club Municipal Utility District No. 1.
Body
January 7, 2010 Deadline to post the Notice of the dates of the filing period for the general election. This is a new
requirement that went into effect September 2009.
January 25 - February 9, 2010 Period for Calling and Posting the Election.
February 6 - March 8, 2010 Period to file for a place on the ballot.
Town Council 53 of 94 Meeting Date: November 16, 2009
JOINT ELECTION AGREEMENT
BETWEEN THE TOWN OF TROPHY CLUB, TEXAS
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1,
TO CONDUCT A JOINT ELECTION
TO BE HELD ON May 8, 2010
This Joint Election Agreement is entered into this ____ day of __________,
_____, by and between the Town of Trophy Club, Texas, (“Town”) and Trophy Club
Municipal Utility District No. 1, (“MUD1”) to conduct a Joint Election to be held on May 8,
2010, in Trophy Club, Texas.
WITNESSETH:
WHEREAS, the Town of Trophy Club, Texas and Trophy Club Municipal Utility
District No. 1, desire to conduct an election on May 8, 2010, for the purpose of
consolidation; and
WHEREAS, pursuant to Chapter 271, Texas Election Code, if an election
ordered by the authorities of two or more political subdivisions is to be held on the same
day in all or part of the same territory, the governing bodies of the political subdivisions
may enter into an agreement to hold the election jointly in the election precincts that can
be served by common polling places; and
WHEREAS, in accordance with Chapter 271 of the Texas Election Code, the
Town of Trophy Club, Texas and the Trophy Club Municipal Utility District No. 1,
mutually desire to enter into a Joint Election Agreement for an election to be held on
May 8, 2010.
NOW, THEREFORE, for and in consideration of the above and foregoing
premises, the benefits flowing to each of the parties hereto, and other good and
valuable consideration, the Town of Trophy Club, Texas, and Trophy Club Municipal
Utility District No. 1, the “Participants”) do hereby agree as follows:
TERMS:
1. Administration: The Town Secretary of the Town of Trophy Club shall
coordinate, supervise and handle all aspects of administering the Joint Election. Such
duties shall include the preparation of notices, ballots, bilingual materials and any other
pertinent election documents, in accordance with the provisions of the Texas Election
Code and as outlined in this Agreement. The Town Secretary shall be responsible for
any submission required by the Federal Voting Rights Act of 1965, as amended, with
regard to the administration of the Joint Election; any other changes or election items
which require preclearance under the Federal Voting Rights Act of 1965, as amended,
shall be the responsibility of each of the individual Participants. MUD1 shall be
Town Council 54 of 94 Meeting Date: November 16, 2009
responsible for the preparation of MUD1 election orders, including orders calling and
canvassing the election.
2. Location of Common Polling Places: The polling place for the Joint
Election shall be the Trophy Club Municipal Building, 100 Municipal Drive, Trophy Club,
Texas.
3. Allocation of Election Expenses: The Participants agree to share all
costs of administering the May 8, 2010 Joint Election, including but not limited to all
costs incurred in preparing such Joint Election, based upon the following pro rata
portion:
Town of Trophy Club 50%
Trophy Club Municipal District No. 1 50%
The cost of any special request which is not agreed upon by all Participants shall
be borne by that Participant in its entirety. In the event of a runoff election, the
Participant requiring the runoff shall be responsible for all costs associated with
administering such election.
4. Appointment and Compensation of Election Officers: The following
named individuals, residing at the respective addresses, are hereby appointed to serve
as Presiding Election Judge and Alternate Presiding Election Judge, respectively, at the
Election:
Presiding Election Judge
Pam Irwin
543 Indian Creek Drive
Trophy Club, TX 76262
Alternate Presiding Election Judge
Judy Williams
215 Phoenix Drive
Trophy Club, TX 76262
All Election Judges shall be qualified voters of the Town. The Town Secretary
shall, in accordance with Section 32.009 of the Texas Election Code, deliver to the
Presiding Election Judge and the Alternate Presiding Election Judge, notice of their
appointment in accordance with law.
The Election Judge herein appointed shall appoint not less than two (2) nor more
than ten (10) qualified election clerks to serve and assist in the conduct of the Election,
provided, however, that if the Election Judge named herein actually serves, the
Alternate Election Judge shall serve as one of the clerks. All election clerks shall be
qualified voters of the Town.
Town Council 55 of 94 Meeting Date: November 16, 2009
The Town of Trophy Club will be responsible for the appointment of the presiding
judge and alternate at polling location, and also for the appointment of the Early Voting
Ballot Board. It is agreed by the participating authorities to employ the number of
election clerks as the need determines, and that all election workers shall be paid $8.00
per hour. The election judges will be paid $10.00 per hour.
5. Early Voting: Early voting by personal appearance shall be conducted by the
Town Secretary, who is hereby appointed the Early Voting Clerk, at 100 Municipal
Drive, Trophy Club, Texas. For the period early voting for the election is permitted by
law, the Early Voting Clerk shall keep such office open for Early Voting the following
days:
Monday, April 26 8a - 5p
Tuesday, April 27 7a - 7p
Wednesday, April 28 8a - 5p
Thursday, April 29 8a - 5p
Friday, April 30 8a - 5p
Saturday, May 1 8a - 12p
Monday, May 3 8a - 5p
Tuesday, May 4 7a - 7p
Early voting will not be conducted on any other Saturday, or on any Sunday or
official State and/or national holiday during the period of early voting.
Application for early voting by mail shall be delivered to the Early Voting Clerk at
the same address not earlier than March 9, 2010 and not later than the close of regular
business in the Early Voting Clerk's office or 5:00 p.m., whichever is later, on April 30,
2010.
Early voting, both by personal appearance and by mail, shall be by use of
electronic system ballots, which ballots shall conform to the requirements of the Texas
Election Code, and in so doing shall permit the voters to vote for three (3) Town of
Trophy Club Council Members; Places 3 and 4 for two (2) year terms each and Place 5
for a three (3) year term and five (5) Directors for Trophy Club MUD 1 for four (4) year
terms each. No elector shall vote for more than (3) three Town of Trophy Club Council
Members and five (5) Directors.
The Early ballots shall be canvassed by the Early Ballot Board, which is hereby
created. The Election Judge and the Alternate Election Judge appointed herein shall
serve as the Presiding officer and the alternate Presiding Officer, respectively, of the
Early Ballot Board. The other election officers serving at the Election shall serve as the
other members of the Early Ballot Board for the Election.
6. Ballots: The Town Secretary is hereby authorized and instructed to
provide and furnish all necessary election supplies to conduct the election. Voting at
the Election shall be by use of electronic system ballots. Preparation of the official
ballots for the Election shall conform to the requirements of the Texas Election Code,
Town Council 56 of 94 Meeting Date: November 16, 2009
and in so doing shall permit the voter to vote for three (3) Town of Trophy Club Council
Members; Places 3 and 4 for two (2) year terms each and Place 5 for a three (3) year
term and five (5) Directors for Trophy Club MUD 1 for four (4) year terms each. No
elector shall vote for more than (3) three Town of Trophy Club Council Members and
five (5) Directors.
7. Maintenance of Election Forms and Records: Polling place forms and
records for Participants shall be maintained by the Town Secretary of the Town of
Trophy Club, Texas, as authorized by Section 271.010 of the Texas Election Code.
Access to the election records shall be available to each Participant, as well as to
the public in accordance with the Texas Public Information Act, Chapter 552, Texas
Government Code. All records shall be maintained in an orderly manner, so that
records are clearly identifiable and accessible.
Records of the election shall be retained and disposed of in accordance with the
provisions of Title 6, Subtitle C, Chapters 201 through 205 of the Texas Local
Government Code, including the minimum retention requirements established by the
Texas State Library and Archives Commission. If records of the election are involved in
any pending election contest, investigation, litigation, or Texas Public Information Act
inquiries, the records shall be maintained until final resolution or judgment, regardless of
any other retention requirements. It is the responsibility of each Participant to notify the
Town Secretary of any pending contest, investigation, litigation, or Texas Public
Information Act inquiry. Any costs associated with the retention of records required
beyond eligibility for preservation shall be borne by the Participant requesting such
continued retention.
On the first business day following the date that the records of the election are
eligible for destruction, each Participant shall be notified in writing of the anticipated
destruction of such records. Each Participant shall provide written authorization to
proceed with or withhold the destruction of such records.
8. Canvassing: Each of the Participants hereto shall convene separately at
properly posted meetings in the time frame required by the Election Code and canvass
the results of their respective elections.
9. Runoff Election: In the event a runoff is necessary, this Agreement will
automatically be extended to cover the runoff, unless a Participant states in writing
immediately upon notice that a runoff election will be necessary that it does not want to
participate in a joint runoff.
10. Term of Agreement. This Agreement shall be effective upon execution
by all Participants and may be terminated in accordance with Paragraph 9 by written
notice only pursuant to Paragraph 11 of this Agreement.
Town Council 57 of 94 Meeting Date: November 16, 2009
11. Notice: Whenever this Agreement requires any consent, approval, notice,
request or demand, it must be in writing to be effective and shall be delivered to all
Participants by certified mail, return receipt requested, and shall be properly addressed
as follows:
If to the Town of Trophy Club: If to Municipal Utility District No. 1:
Town of Trophy Club Trophy Club Municipal Utility District No. 1
Mayor President
100 Municipal Drive 100 Municipal Drive
Trophy Club, Texas 76262 Trophy Club, Texas 76262
12. Authority to Execute Agreement: The undersigned officers and/or
agents of the parties hereto are the properly authorized officials and have the necessary
authority to execute this Agreement on behalf of the parties hereto, and each party
hereby certifies to the other that any necessary resolutions or other act extending such
authority have been duly passed and are now in full force and effect.
13. Counterparts: This Agreement may be executed in any number of
counterparts and each shall be considered an original and collectively shall constitute
one agreement; but in making proof of this Agreement, it shall not be necessary to
produce or account for more than one such counterpart.
14. Entire Agreement: This Agreement represents the entire and integrated
agreement between the Participants and supersedes all prior negotiations,
representations and/or agreements, either written or oral. This Agreement may be
amended only by written instrument signed by all Participants.
15. Hold Harmless: To the extent allowed by law, each Participant does
hereby agree to waive all claims against, release, and hold harmless each other
Participant and its respective officials, officers, agents, employees, in both their public
and private capacities, from any and all liability, claims, suits, demands, losses,
damages, attorneys fees, including all expenses of litigation or settlement, or causes of
action which may arise by, result from, or relate to the performance of this Agreement,
including but not limited to injury to or death of any person or for loss of, damage to, or
loss of use of any property arising out of or in connection with this Agreement.
16. Severability: If any of the terms, sections, subsections, sentences,
clauses, phrases, provisions, covenants, conditions or any other part of this contract are
for any reason held to be invalid, void or unenforceable, the remainder of the terms,
sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions
or any other part of this contract shall remain in full force and effect and shall in no way
be affected, impaired or invalidated.
Town Council 58 of 94 Meeting Date: November 16, 2009
IN WITNESS WHEREOF, the Town of Trophy Club, Trophy Club Municipal
District No. 1, and Trophy Club Municipal Utility District No. 2 have executed this
Agreement on the day and year first hereinabove set forth.
TOWN OF TROPHY CLUB, TEXAS TROPHY CLUB MUNICIPAL UTILITY
DISTRICT No. 1
By: By:
Connie White Dean Henry
Mayor President
Effective: ______________________
ATTEST:
By:
Lisa Hennek
Town Secretary
Town Council 59 of 94 Meeting Date: November 16, 2009
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-461-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/4/2009 Town Council
On agenda:Final action:11/16/2009
Title:Consider and provide direction regarding the Town’s 25th Anniversary festivities, to include
establishing an Ad Hoc Committee to plan this event.
Attachments:
Action ByDate Action ResultVer.
Town Council 60 of 94 Meeting Date: November 16, 2009
109-461-T Version:File #:
Body
Title
Consider and provide direction regarding the Town’s 25th Anniversary festivities, to include establishing an Ad Hoc
Committee to plan this event.
Body
Should the Council desire to establish an Ad Hoc Committee, a resolution creating the ad hoc committee will be brought
back at a subsequent Council meeting.
Town Council 61 of 94 Meeting Date: November 16, 2009
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-473-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/5/2009 Town Council
On agenda:Final action:11/16/2009
Title:Discuss and take appropriate action regarding an ordinance amending Section 2.02(B) entitled
"Speed of Vehicles," and 2.03(B) entitled "Stop Signs" of Article II, “Traffic and Vehicles”, of Chapter
10 “Public Safety” of the Code of Ordinances, designating special speed zones and stop intersections
in the Town; providing a penalty not to exceed $200 for violations, and providing an effective date.
Attachments:Ord 2009-XX Speed Zones and Street Signs.pdf
Action ByDate Action ResultVer.
Town Council 62 of 94 Meeting Date: November 16, 2009
109-473-T Version:File #:
Title
Discuss and take appropriateaction regardingan ordinance amending Section 2.02(B) entitled "Speed of Vehicles," and
2.03(B) entitled "Stop Signs" of Article II, “Trafficand Vehicles”, of Chapter 10 “Public Safety” of the Code of Ordinances,
designating special speed zones and stop intersections in the Town; providing a penalty not to exceed $200 for
violations, and providing an effective date.
Body
As a result of new construction, realignment, and name changes to roads, it is necessary to adopt the amendments
contained within the Town's Traffic Ordinance.
Staff recommends approval.
Town Council 63 of 94 Meeting Date: November 16, 2009
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2009–
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING SECTION 2.02(B), “SPEED OF VEHICLES” OF
ARTICLE II, “TRAFFIC & VEHICLES” OF CHAPTER 10 “PUBLIC
SAFETY” OF THE CODE OF ORDINANCES OF THE TOWN OF
TROPHY CLUB, TEXAS TO DESIGNATE STREETS OR
PORTIONS THEREOF AS SPECIAL SPEED ZONES AND
SETTING A MAXIMUM SPEED LIMIT OF TWENTY (20) MILES
PER HOUR DURING DESIGNATED TIMES; AND AMENDING
SECTION 2.03(B), “STOP SIGNS”, OF ARTICLE II, “TRAFFIC &
VEHICLES” OF CHAPTER 10 “PUBLIC SAFETY” OF THE
CODE OF ORDINANCES TO DESIGNATE ADDITIONAL STOP
INTERSECTIONS THROUGHOUT THE TOWN AND
AUTHORIZING THE PLACEMENT OF ADDITIONAL STOP
SIGNS AT THOSE INTERSECTIONS; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING FOR
AMENDMENTS; PROVIDING A SAVINGS AND REPEALER
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A PUBLICATION CLAUSE; PROVIDING A PENALTY NOT TO
EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING AN
ENGROSSMENT AND ENROLLMENT CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to the Charter of the Town, State law, and its
inherent police powers, the Town Council of the Town is empowered to adopt
ordinances and rules that are for the good government of the Town; and
WHEREAS, pursuant to Chapter 542 of the Texas Transportation Code,
the Town is authorized to designate an intersection as a stop intersection or a
yield intersection and to require each vehicle to stop or yield at one or more
entrances to the intersection in accordance with an authorized traffic control
device; and
WHEREAS, due to growth and development within the Town, new streets
and are being constructed, new intersections are being created, roads are being
realigned and renamed; and
WHEREAS, the Town Council has determined that public health, safety
and welfare and good engineering practices mandate the designation of
additional stop intersections with the addition of stop signs at those stop
intersections and the addition of special speed zones within the Town; and
Ordinance No. 2009- 1
Town Council 64 of 94 Meeting Date: November 16, 2009
WHEREAS, the Town Council has determined it to be in the best interest
of the Town and its residents to amend the Code of Ordinances by designating
special speed zones and new stop intersections and authorizing the placement
of stop signs as the official traffic control device at those stop intersections; and
WHEREAS, the Town Council hereby finds that the amendment of
Section 2.02(B) and 2.03(B) of Article II, Chapter 10 of the Code of Ordinances
as further specified herein serves the best interests of the health, safety and
welfare of the citizens of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are
incorporated herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01 Subsection 2.02 (B) entitled “Speed of Vehicles” of Article II entitled,
“Traffic & Vehicles” of Chapter 10, entitled “Public Safety” of the Code of
Ordinances of the Town of Trophy Club, Texas is hereby amended to be and
read in its entirety as follows:
2.02
B. Speed of Vehicles
The following areas, streets or portions thereof shall be designated special
speed zones and it shall be unlawful for any person to drive any vehicle
thereon at a speed greater than twenty (20) miles per hour during the
designated times:
1. On Village Trail Road from the 0 block to the 300 block, between the
hours of 7:00 a.m. and 9:00 a.m. and between the hours of 2:00 p.m.
and 3:30 p.m. on school days.
2. On Trophy Lake Drive at the corner of Trophy Club Drive to 300 feet
south of Village Trail Road, between the hours of 7:00 a.m. and 9:00
a.m. and between the hours of 2:00 p.m. and 3:30 p.m. on school
days.
Ordinance No. 2009- 2
Town Council 65 of 94 Meeting Date: November 16, 2009
3. On Marshall Creek Road from the most western Town limits sign to
300 feet east of Parkview Drive, the intersection of Bobcat Boulevard,
between the hours of 7:00 a.m. and 9:30 a.m. and between the hours
of 2:30 p.m. and 4:30 p.m. on school days.
4. On Parkview Drive from the intersection of Marshall Creek Road
Bobcat Boulevard, south to Durango Drive between the hours of 7:00
a.m. and 9:30 a.m. and between the hours of 2:30 p.m. and 4:30 p.m.
on school days.
5. On Bobcat Boulevard 120’ west of the intersection with Roseville
Drive to 96’ south of the Town limits between the hours of 7:00 a.m.
and 9:30 a.m. and between the hours of 2:30 p.m. and 4:30 p.m. on
school days..
2.02 Subsection B entitled “Stop Signs” of Section 2.03 entitled “Traffic Control
Devices” of Article II entitled, “Traffic & Vehicles” of Chapter 10, entitled “Public
Safety” of the Code of Ordinances of the Town of Trophy Club, Texas is hereby
amended to add subsections 162 through 165 to Section 2.03, Subsection (B),
which subsections shall be and read in their entirety as follows:
2.03
B. Stop Signs
162. At the southeast corner of the intersection of Strathfield and
Lilyfield facing south.
163. At the southwest corner of the intersection of Bobcat
Boulevard and Trophy Club Drive facing north west.
164. At the southeast corner of the intersection of Parkview and
Bobcat Boulevard facing south.
165. At the southeast corner of the intersection of Marshal Creek
and Bobcat Boulevard facing southwest.
SECTION 3.
SAVINGS AND REPEALER
This Ordinance shall be cumulative of all other ordinances of the Town
affecting traffic control and shall not repeal any of the provisions of such
ordinances except in those instances where provisions of those ordinances are in
Ordinance No. 2009- 3
Town Council 66 of 94 Meeting Date: November 16, 2009
direct conflict with the provisions of this Ordinance; whether such ordinances are
codified or uncodified, and all other provisions of the Ordinances of the Town of
Trophy Club, codified or uncodified, not in conflict with the provisions of this
Ordinance, shall remain in full force and effect. Notwithstanding the foregoing,
any complaint, action, cause of action or claim which prior to the effective date of
this Ordinance has been initiated or has arisen under or pursuant to such
repealed Ordinance(s) shall continue to be governed by the provisions of that
Ordinance and for that purpose the Ordinance shall be deemed to remain and
continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or 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.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to
publish the Caption, Penalty Clause, and Effective Date Clause of this Ordinance
as required by Section 52.011 of the Texas Local Government Code.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this
Ordinance, and any person violating or failing to comply with any provision of this
Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor
more than Two Hundred Dollars ($200.00).
SECTION 7.
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.
SECTION 8.
EFFECTIVE DATE
Ordinance No. 2009- 4
Town Council 67 of 94 Meeting Date: November 16, 2009
Ordinance No. 2009- 5
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 the 16th day of November, 2009.
______________________________
Mayor, Town of Trophy Club, Texas
ATTEST:
_________________________________
Town Secretary,
Town of Trophy Club, Texas
APPROVED AS TO FORM:
_________________________________
Town Attorney,
Town of Trophy Club, Texas
Town Council 68 of 94 Meeting Date: November 16, 2009
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-496-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/9/2009 Town Council
On agenda:Final action:11/16/2009
Title:Council to receive an update on amendments to the Trophy Club PID No. 1 Service and Assessment
Plan regarding the changes to the lot category for NH 8, and discussion of the same.
Attachments:Supplemental Annual Service Plan Update.pdf
Action ByDate Action ResultVer.
Town Council 69 of 94 Meeting Date: November 16, 2009
109-496-T Version:File #:
Title
Council to receive an update on amendments to the Trophy Club PID No. 1 Service and Assessment Plan regarding the
changes to the lot category for NH 8, and discussion of the same.
Town Council 70 of 94 Meeting Date: November 16, 2009
DRAFT
TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1
TROPHY CLUB, TEXAS
SUPPLEMENTAL ANNUAL SERVICE PLAN UPDATE
November 11, 2009
Town Council 71 of 94 Meeting Date: November 16, 2009
DRAFT
TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1
TROPHY CLUB, TEXAS
SUPPLEMENTAL ANNUAL SERVICE PLAN UPDATE
A. Introduction
The Town of Trophy Club Public Improvement District No. 1 (the “PID”) was created
pursuant to the PID Act and a resolution of the City Council on April 16, 2007 to finance
certain public improvement projects for the benefit of the property in the PID. The Town
of Trophy Club Public Improvement District No. 1 Special Assessment Revenue Bonds,
Series 2007 in the aggregate principal amount of $27,500,000 were issued to finance,
refinance, provide or otherwise assist in the acquisition, construction and maintenance of
the public improvements provided for the benefit of the property in the PID.
A service and assessment plan (the “Service and Assessment Plan”) was prepared at the
direction of the Town identifying the public improvements (the “Authorized
Improvements”) to be provided by the PID, the costs of the Authorized Improvements,
the indebtedness to be incurred for the Authorized Improvements, and the manner of
assessing the property in the PID for the costs of the Authorized Improvements. The
Service and Assessment Plan is to be reviewed and updated annually. The Annual
Service Plan update for 2009 was approved by the Town Council on September 28, 2009.
This document is a supplement to the update of the Service and Assessment Plan for
2009.
B. Update of the Service Plan
Amendment to the Planned Development Ordinance
According to the developer, the plan to build townhouses in NH-8 has changed because
of market reasons. According to the concept plan prepared by the project engineer and
attached herewith as Exhibit B, the 249 townhouses planned for NH-8 are being replaced
with approximately 185 new single family dwelling units. As a result, the developer
requested an amendment to the Planned Development Ordinance and the Town Council
approved the amendment on November 2, 2009.
The Lot Type 5 description, which was defined in the Service and Assessment Plan as
lots for attached dwelling units (townhouses) with a minimum size of 3,000 square feet,
is hereby amended to read as follows based on the new Lot Type 5 details provided in the
amended Planned Development Ordinance and attached as Exhibit A:
“Lot Type 5” means lots defined as Lot Type 5 in the Planned Development Ordinance,
as amended, being generally lots for single family dwellings with a minimum lot size of
5,250 square feet (but not Lot Types 1, 2, 3, or 4)
Parcel R523348 in Neighborhood 8 (NH-8) was originally planned for 249 Lot Type 5
lots (townhouses) and a total Assessment in the amount of $3,055,093.55 was allocated to
the parent parcel.
1
Town Council 72 of 94 Meeting Date: November 16, 2009
DRAFT
The Assessment per dwelling unit of the original Lot Type 5 lots shown in the Service
and Assessment Plan was $12,269.45 (i.e. $3,055,093.55 249 = $12,269.45) prior to the
amendment of the Planned Development Ordinance. The applicable Equivalent Units
factor for Lot Type 5 was 0.44 as calculated based on the Equivalent Unit factor of 1.0
assigned to Lot Type 1 (i.e. $12,269.45 $27,885.08 = 0.44).
The Assessment per dwelling unit of the new Lot Type 5 is estimated to be $16,514.02
(i.e. $3,055,093.55 185 = $16,514.02) based on the estimated 185 single family
dwelling units planned to be developed following the amendment of the Planned
Development Ordinance. The applicable Equivalent Units factor for Lot Type 5 is also
estimated to be 0.59 as calculated based on the Equivalent Unit factor of 1.0 assigned to
Lot Type 1 (i.e. $16,514.02 $27,885.08 = 0.59).
The following table shows a summary of Assessment per lot changes for Lot Type 5.
Parcel NH Lot
Type
Total
Assessment
Estimated
No. of
Units
Assessment per
Dwelling Unit
Equivalent
Unit
Prior to amendment of the Planned Development Ordinance
R523348 8 5 $3,055,093.55 249 $12,269.45 0.44
After amendment of the Planned Development Ordinance
R523348 8 5 $3,055,093.55 185 $16,514.02 0.59
The final plats of subdivision have not been recorded for the estimated 185 new Lot Type
5 lots. As a result, there is no reallocation of Assessments to be shown at this time.
2
Town Council 73 of 94 Meeting Date: November 16, 2009
DRAFT
Exhibit A
Amended Lot Type 5 Description
3
Town Council 74 of 94 Meeting Date: November 16, 2009
DRAFT
4
Exhibit B
NH-8 Concept Plan
Town Council 75 of 94 Meeting Date: November 16, 2009
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-463-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/4/2009 Town Council
On agenda:Final action:11/16/2009
Title:Receive a report from Town Manager Emmons regarding the delinquency for Town of Trophy Club
Public Improvement District No. 1 (The Highlands at Trophy Club), NH8, and discussion of same.
Attachments:Year to Date Recapulation for PID4.pdf
Action ByDate Action ResultVer.
Town Council 76 of 94 Meeting Date: November 16, 2009
109-463-T Version:File #:
Title
Receive a report from Town Manager Emmons regarding the delinquency for Town of Trophy Club Public Improvement
District No. 1 (The Highlands at Trophy Club), NH8, and discussion of same.
Body
During the passage of the update to the PID #1 Service and Assessment Plan, a delinquency was shown for the past
year. At this time, all PID assessments have been paid.
Town Council 77 of 94 Meeting Date: November 16, 2009
Town Council 78 of 94 Meeting Date: November 16, 2009
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-467-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/4/2009 Town Council
On agenda:Final action:11/16/2009
Title:Items for future Agenda.
Attachments:Items for Future Agendas.pdf
Action ByDate Action ResultVer.
Town Council 79 of 94 Meeting Date: November 16, 2009
109-467-T Version:File #:
Title
Items for future Agenda.
Town Council 80 of 94 Meeting Date: November 16, 2009
Items for Future Agendas.
1. Item to receive a report from Town Manager Emmons regarding the sound barrier issues on the east side
and conversations with TXDOT, and discussion of same. (Wilson)
2. Consider and receive input for regarding options to improve the upkeep of rental property, with or without
creating a Building Standard Commission. (Edstrom - 4/21/08)
3. Item to receive a report from Town Manager Emmons regarding an update on the Comprehensive Land
Plan. (Edstrom - 10/20/08 & Strother 10/19/09)
4. Consider and take appropriate action regarding a Library Focus Group or other plan for exploring options
and compiling data for a future library. (Wilson)
5. Consider and take appropriate action regarding culvert issues on Skyline Park. (Wilson added on 4/6/09)
6. Item to receive a report from Town Manager Emmons regarding option to alleviate the congestion of
games/practices on the baseball and the parking issues. (Wilson added May 6, 2009)
7. Item after FY08-09, Considering future EMS negotiations. (Wilson added on August 17, 2009)
8. Council goals and objectives. (Edstrom added on August 17, 2009)
9. Item to receive a report from Town Manager Emmons regarding the delinquency for Town of Trophy Club
Public Improvement District No. 1 (The Highlands at Trophy Club), NH8. (Wilson added on September 28,
2009)
10. Item to discuss the concept for term limits for Committees. (White added on 11/2/09)
Town Council 81 of 94 Meeting Date: November 16, 2009
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-468-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/4/2009 Town Council
On agenda:Final action:11/16/2009
Title:Mayor and Council Update regarding training opportunities, educational sessions, upcoming events
and regional meetings.
Attachments:
Action ByDate Action ResultVer.
Town Council 82 of 94 Meeting Date: November 16, 2009
109-468-T Version:File #:
Title
Mayor and Council Update regarding training opportunities, educational sessions, upcoming events and regional
meetings.
Body
Mayor White and Council will provide a brief update on her attendance at the following meetings and events:
November Chamber Luncheon
Tan Parker Town Hall
Heart of North TX Business Conference
Metroplex Mayors
Chamber’s Best of Northwest
Mayor’s Roundtable
North TX Super Bowl XLV Host Committee
ICSC Convention
Town Council 83 of 94 Meeting Date: November 16, 2009
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-497-T Name:
Status:Type:Agenda Item Executive Session
File created:In control:11/10/2009 Town Council
On agenda:Final action:11/16/2009
Title:Council to convene into executive session pursuant to Texas Government Code, Annotated,
Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the goals and objectives,
evaluation and contract extension of Town Manager, Brandon Emmons.
Attachments:03_Emmons Contract 12-2008(FINAL).pdf
Action ByDate Action ResultVer.
Town Council 84 of 94 Meeting Date: November 16, 2009
109-497-T Version:File #:
Title
Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section
551.074(a) "Personnel Matters, to discuss the goals and objectives, evaluation and contract extension of Town Manager,
Brandon Emmons.
Body
On November, 2, 2009, the Council was emailed the following reminder:
The following is from Brandon’s contract:
2.01 Tenure.The Town Manager shall serve at the pleasure of the Town Council and nothing herein shall be taken to
imply or suggest a guaranteed tenure. Upon Council approval,this Agreement shall become effectiveon June 1, 2008
and shall terminate on June 1, 2011 unless terminated earlier as otherwise providedherein. Such termination date shall
automatically be extended for a period of one (1) year unless the Town Council takes formal action to cancel the
extension before December 15, 2009 and before December 15th each year thereafter.
Brandon'scontract will be automatically extend for one year unless the Council desires to cancel this extension, which will
requireCouncil action prior to December15
th meeting. If you would wish to havethis item placed on the November16
th
or December 7th, please let me know as soon as possible.
If there is no response by 5:00 on November30
th , (deadlinefor the December7
th Council Agenda), it will be considered
as tacit approval for the automatic extension of the agreement.
On November 9, 2009 Mayor White requested an agenda item to discuss Brandon's Evaluation and Contract to allow the
Council to discuss in Executive Session, following with a review in open session. Mayor White requested Town Manager
Emmons prepare a status on his objectives for this item.
Town Council 85 of 94 Meeting Date: November 16, 2009
EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into this 5th day of May, 2008, by and
between the Town of Trophy Club, Texas, a Home Rule Municipal Corporation,
(hereinafter “Town”) and Brandon Emmons, an individual, (hereinafter “Town
Manager”).
WITNESSETH
WHEREAS, Town desires to employ Brandon Emmons as the Town Manager for the
Town of Trophy Club as provided by the Trophy Club Town Charter, (hereinafter
“Charter”); and
WHEREAS, it is the desire of the Trophy Club Town Council (hereinafter “Council”) to
provide certain benefits, establish certain conditions of employment, and to set certain
working conditions for Town Manager; and
WHEREAS, Brandon Emmons desires to accept and continue employment as
Manager, and an officer, of Town on the terms and conditions outlined herein below:
and
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, and hereinbefore stated, the parties agree as follows:
SECTION 1.
POWERS AND DUTIES OF MANAGER
1.01 Generally. The Town Council hereby retains Brandon Emmons as Town
Manager for the Town of Trophy Club effective June 1, 2006, to perform the
functions and duties specified in the Charter, and to perform such other duties
and functions as the Town Council shall from time to time assign, which are not
inconsistent with the Charter, laws, Ordinances, or this Agreement.
1.02 Changes. The Town Council shall fix any other reasonable terms and conditions
of service, as it determines from time to time, relating to the performance of Town
Manager, provided such terms and conditions are not inconsistent with or in
conflict with the provisions of this Agreement, the Charter or other law.
SECTION 2.
TERM AND CONDITIONS
2.01 Tenure. The Town Manager shall serve at the pleasure of the Town Council and
nothing herein shall be taken to imply or suggest a guaranteed tenure. Upon
Extended 12/15/08 (Final)
June 1, 2008 and shall terminate on June 1, 2011
1
Town Council 86 of 94 Meeting Date: November 16, 2009
Council approval, this Agreement shall become effective on June 1, 2008 and
shall terminate on June 1, 2011 unless terminated earlier as otherwise provided
herein. Such termination date shall automatically be extended for a period of one
(1) year unless the Town Council takes formal action to cancel the extension
before December 15, 2009 and before December 15th each year thereafter.
2.01 Resignation or Retirement. Nothing in this Agreement shall prevent, limit or
otherwise interfere with the right of the Town Manager to resign or retire at any
time from his/her position with the Town. The Town Manager agrees to provide a
thirty (30) day written notice of such resignation.
2.02 Termination by Council. Nothing in this Agreement shall prevent, limit, or
otherwise interfere with the right of the Town Council to terminate the services of
Town Manager at any time, subject only to the provisions of this Agreement.
2.03 Exclusive Employee. Town Manager agrees to remain in the exclusive employ
of Town as its Town Manager while employed by the Town.
2.04 Limitations and Indemnification. The Town Manager shall serve in
accordance with the limitations specified in the Charter and receive the
indemnification benefits specified in the Charter for Town employees and officers
upon appropriate action by the Town Council as specified in the Charter.
SECTION 3.
SALARY
3.01 Town agrees to budget and pay Town Manager for his/her services rendered
pursuant to this Agreement an annual base salary of $121,642.04 , payable in
installments at the same time as other employees of the Town are paid. Such
annual salary may be modified from time to time by notice to Town Manager, in
writing, referencing this Agreement and signed by the Mayor or Mayor Pro Tem
of the Town holding office at the time as approved by Town Council.
3.02 For the purpose of annual budgeting, Town Manager shall be evaluated for
performance and salary/merit increases on an annual basis, occurring by the first
of June each year. Town Council may conduct such other performance reviews
at intervals determined appropriate by the Town Council without having such
reviews tied to the Town Manager’s compensation.
3.02 Town Manager recognizes that this Agreement shall commence upon the day
first written above and continue in full force and effect until termination in
accordance with its provisions. Town Manager and Town herein recognize that
the continuation of any contract after the close of any given fiscal year of the
Town of Trophy Club, which fiscal year ends on September 30th of each year,
shall be subject to Trophy Club Town Council approval. In the event that the
Extended 12/15/08 (Final)
June 1, 2008 and shall terminate on June 1, 2011
2
Town Council 87 of 94 Meeting Date: November 16, 2009
Trophy Club Town Council does not approve the appropriation of funds for this
Agreement, this Agreement shall terminate at the end of the fiscal year for which
funds were appropriated and the parties shall have no further obligations
hereunder. The parties agree and understand that this fiscal funding clause is
included as a part of this Contract in order to comply with state constitutional
requirements and is not intended as a means to circumvent the provisions of
Section Five of this Agreement. The Town agrees to act in good faith regarding
the funding of this Agreement.
SECTION 4.
BENEFITS
4.01 TMRS and Social Security. Town Manager shall be covered and governed by
the same Texas Municipal Retirement System (TMRS) provisions and applicable
Social Security provisions as all regular Town employees.
4.02 Leave. Town Manager shall receive vacation, personal and sick leave on the
same basis as all regular Town employees.
4.03 Insurance Coverage. The Town Manager shall be covered by all the same
medical, dental and other insurance plans as all regular Town employees. Town
Manager shall pay all premiums for dependants in accordance with Town policies
applicable to regular Town employees.
4.04 Fringe Benefits. All provisions of the Charter, rules and regulations of the Town
relating to fringe benefits and working conditions shall apply to the Town
Manager as they would to all regular employees of Town.
4.05 Cellular Phone. The Town shall provide a cellular phone for use of the Town
Manager in accordance with policies applicable to all regular Town employees.
4.06 Car Allowance. The Town shall provide a car allowance in the amount of
$500.00 per month to the Town Manager payable on or about the first day of
each month. Such car allowance shall be intended to reimburse the Town
Manager for all business usage of his/her personal vehicle for travel related to
Town business.
4.07 Expenses, Memberships and Training. The Town shall pay for all reasonable
and budgeted Town business expenses justified by itemized receipts.
Additionally, through the budgeting process, the Town Council has the discretion
to pay for training for the Town Manager and for Town Manager’s membership in
such professional associations or organizations as Council determines
appropriate and beneficial to the Town Manager in the performance of his/her job
duties.
Extended 12/15/08 (Final)
June 1, 2008 and shall terminate on June 1, 2011
3
Town Council 88 of 94 Meeting Date: November 16, 2009
4.08 Computer Equipment. The Town shall budget for and provide a laptop
computer and related equipment for Town Manager’s use. Such use by Town
Manager shall be subject to the rules and regulations applicable to all regular
Town employees.
4.09 Applicability of Town Charter and Regulations. All provisions of the Charter,
Ordinances, and regulations and rules of the Town relating to vacation, sick
leave, retirement, pension system contributions, holidays, or other fringe benefits
and working conditions as they now exist or hereafter may be amended, shall
also apply to the Town Manager as they would to all regular employees of Town
in addition to the other benefits enumerated specifically for the benefit of Town
Manager in this Agreement. Application of such benefits shall not be construed
to affect or otherwise change the status of Town Manager from independent
contractor to employee.
SECTION 5.
TERMINATION AND SEVERANCE PAY
5.01 Severance - Compensation. Provided the Town Manager is physically able to
perform the functions of Town Manager, and in the event the Town Council
terminates Town Manager’s employment during any term of this Agreement for
any reason other than that provided in Section 5.03 of this Agreement, Town
agrees to pay the Town Manager a lump sum cash payment equal to three (3)
months salary and to continue to pay premiums on applicable insurance
coverages for the three (3) month period immediately following the effective date
of termination and any accrued sick or vacation leave. If the termination occurs
after the election, swearing in and seating of at least three (3) new members of
Town Council (not including the Mayor), the Town agrees to pay the Town
Manager a lump sum cash payment equal to six (6) months salary and to
continue to pay premiums on applicable insurance coverage’s for the six (6)
month period immediately following the effective date of termination and any
accrued sick or vacation leave.
5.02 Inability to Perform. Should the Town Manager become permanently disabled
or otherwise unable to perform his/her duties because of sickness, accident,
injury, mental incapacity or health for a period of four (4) weeks beyond any
accrued leave, the Town Council shall have the right to terminate this Agreement
without providing severance compensation.
5.03 Termination for Cause. If the Town Manager is terminated for “just cause” then
only obligation to the Town Manager is to pay all compensation and benefits
accrued but unpaid at the date of termination. “Just Cause” is defined and
limited for the purposes of this Agreement, to the following reasons:
Extended 12/15/08 (Final)
June 1, 2008 and shall terminate on June 1, 2011
4
Town Council 89 of 94 Meeting Date: November 16, 2009
a. Any willful breach, disregard or habitual neglect of duties requested of the
Town Manager by the Town Council and formally communicated to the Town
Manager in writing if requested, or required to be performed by the Town
Manager under the Charter or Ordinances of the Town, and laws of the
Unites States and State of Texas.
b. Any misconduct involving an act of moral turpitude or conviction of a felony or
Class “A” misdemeanor.
b. Any misapplication, misuse or misappropriation by Town Manager of Town
funds or assets entrusted to or administered by Town Manager.
5.04 Deemed Termination. Provided the Town Manager is physically able to perform
the functions of Town Manager, and in the event that Town, at any time after the
effective date of this Agreement and during the term thereof, reduces the salary
or other financial benefits of Town Manager in a greater percentage than an
applicable across the board reduction for all regular Town employees; or in the
event that Town refuses, following written notice, to comply with any provision of
this Agreement benefiting Town Manager; or should Town Manager resign upon
the formal or informal request of a majority of the Town Council; then, in that
event, Town Manager may, at his option be deemed to be “terminated” at the
date of such reduction, refusal, or resignation and shall be entitled to the three
(3) month cash severance payment and insurance benefit for the three (3) month
period as described in Section 5.01 above, or within six (6) months after the
election, swearing in and seating of at least three (3) new members of Town
Council (not including the Mayor), the Town Manager shall be entitled to the six
(6) month cash severance payment and insurance benefit for the six (6) month
period as described in Section 5.01 above.
5.04 Release. Contemporaneously with the delivery of severance pay under Section
5 of this Agreement, the Town Manager agrees to execute and deliver to the
Town Council all releases, releasing the Town, its employees and
representatives, and the Town Council, both collectively and individually in their
private and official capacities, from all claims that the Town Manager may have
against the Town of Trophy Club or the Town Council, either collectively or
individually, in corporate, private or official capacities.
SECTION 6.
CONFLICT OF INTEREST
It is understood and agreed that because of the duties of the Town within and one
behalf of the Town of Trophy Club and its citizenry, Town Manager shall not, during the
term of this Agreement, individually as a partner, joint venture, officer or shareholder,
invest or participate in any business venture conducting business in the corporate limits
of the Town of Trophy Club, except for stock ownership in any company whose capital
Extended 12/15/08 (Final)
June 1, 2008 and shall terminate on June 1, 2011
5
Town Council 90 of 94 Meeting Date: November 16, 2009
stock is publicly held and regularly traded without prior approval of the Town Council.
During the term of this Agreement Town Manager further agrees, except for a personal
residence or residential property acquired or held for future use as his/her personal
residence, not to invest in any other real estate or property improvement within the
corporate limits of the Town without the prior written consent of the Town Council.
SECTION 7.
RESIDENCY
The Town Manager shall establish residency in the Town unless excused by Town
Council as provided in the Charter.
SECTION 8.
MISCELLANEOUS
8.01 Entire Agreement. This agreement represents the entire and integrated
agreement between Town and Town Manager and supersedes all prior
negotiations, representations and/or agreements, either written or oral. This
Agreement may be amended only by written instrument signed by both parties.
8.02 Severability. In the event that any provision or portion of this Agreement shall
be found to be contrary to law, invalid, or unenforceable, it is the intent of the
parties hereto that the remaining portions shall remain valid and in full force and
effect to the extent possible.
IN WITNESSS WHEREOF, by proper action taken at an open meeting, the Town
Council of the Town of Trophy Club has caused this Agreement to be signed and
executed on its behalf by its Mayor and duly attested by its Town Secretary and Town
Manager has signed and executed this Agreement on the date set forth above.
TOWN OF TROPHY CLUB, TEXAS
Date: ______________ BY:
______________________________
Nick Sanders, Mayor
BRANDON EMMONS, TOWN MANAGER
Date: ______________
Extended 12/15/08 (Final)
June 1, 2008 and shall terminate on June 1, 2011
6
Town Council 91 of 94 Meeting Date: November 16, 2009
Extended 12/15/08 (Final)
June 1, 2008 and shall terminate on June 1, 2011
7
BY: ______________________________
ATTEST:
_________________________________
Town Secretary
APPROVED AS TO FORM:
_________________________________
Town Attorney
Town Council 92 of 94 Meeting Date: November 16, 2009
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-499-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/10/2009 Town Council
On agenda:Final action:11/16/2009
Title:Consider and take appropriate action relative to Executive Session Item Number File ID 09-497.
Attachments:
Action ByDate Action ResultVer.
Town Council 93 of 94 Meeting Date: November 16, 2009
109-499-T Version:File #:
Title
Consider and take appropriate action relative to Executive Session Item Number File ID 09-497.
Town Council 94 of 94 Meeting Date: November 16, 2009