Agenda Packet TC 12/06/2010Town Council
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom6:00 PMMonday, December 6, 2010
Call to order and announce a quorum.
WORKSHOP SESSION - 6:00 P.M.
1.2010-621-T Consider and provide direction regarding Code of Conduct/Ethics Ordinance.
WP Ethics Revisions Rev1.pdf
EthicsDisclosureofInterestSLvsSLRev1.pdf
EthicsDisclosureofInterestTCvsSL10.26.10.pdf
TC Code of Ethics & Conduct Proposal Rev 8.pdf
Ord. 2010-XX Draft Ethics Ordinance - Compliance with State law.pdf
Attachments:
2.2010-640-T Discussion of other agenda items posted for consideration on the Regular Session
Council Agenda for December 6, 2010.
RECONVENE INTO REGULAR SESSION - ESTIMATED START TIME 7:00 P.M.
Invocation
Pledges:
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one
and indivisible."
PRESENTATION
3.2010-626-T Informational presentation regarding the PID and status of Taussig disbursement
review provided by Richard Spence; discussion of same.
PID City Presentation DTA 2010 MASTER.pdfAttachments:
Town Council 1 of 235 Meeting Date: December 6, 2010
December 6, 2010Town Council Meeting Agenda
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.
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council
and will be enacted by one motion. There will not be a separate discussion of these
items. If discussion is desired, that item will be removed from the consent agenda and
will be considered separately.
4.2010-551-T Consider and take appropriate action regarding the Minutes dated October 4, 2010.
October 4 2010 Meeting Minutes.pdfAttachments:
5.2010-588-T Consider and take appropriate action regarding the Minutes dated October 18, 2010.
October 18 2010 Meeting Minutes.pdfAttachments:
6.2010-611-T Consider and take appropriate action regarding the Minutes dated November 1, 2010.
November 1, 2010 Meeting Minutes.pdfAttachments:
7.2010-622-T Consider and take appropriate action regarding the Minutes dated November 15, 2010.
November 15 2010 Meeting Minutes.pdfAttachments:
8.2010-635-T Consider and take appropriate action regarding interlocal agreement between the Town
and Denton County to provide Ambulance Services, and authorizing the Mayor or her
designee to execute all necessary documents.
ILA - Denton County for Ambulance Services.pdfAttachments:
9.2010-636-T Town Manager Slye to designate an Acting Town Manager.
TM Designation of ATM.pdfAttachments:
REGULAR SESSION
10.2010-624-T Consider and take appropriate action regarding an Ordinance amending Section 2.01
entitled "Appointments" of Article II, entitled "Presiding Judge" of Chapter 7 entitled
"Municipal Court" of the Code of Ordinances to re-appoint and extend the term of the
current Presiding and Alternate Judges to January 2013.
ORD 2010-30 Amending Chapter 7 Art II Sec 2 01 - Court Appointments.pdfAttachments:
Town Council 2 of 235 Meeting Date: December 6, 2010
December 6, 2010Town Council Meeting Agenda
11.2010-575-T Consider and take appropriate action regarding a request for approval of a Final Plat for
Neighborhood 4, Phase 2A (24.80 acres) located in The Highlands at Trophy Club.
Applicant: Corwin Engineering on behalf of Standard Pacific of Texas, Inc. and K.
Hovnanian Homes-DFW, LLC (FP-10-036)
A. Subdivider's Agreement - Consider and take appropriate action regarding a request
for approval of a Subdivider's Agreement for Neighborhood 4, Phase 2A.
Staff Report - TC - NH 4.pdf
30 Day Waiver Letter - NH 4 Ph 2A.pdf
Applications.pdf
Plat - NH 4 Ph 2A Pg 1.pdf
Plat - NH 4 Ph 2A Pg 2.pdf
Subdivider's Agreement - NH 4 Ph 2A w Att A.pdf
Attachments:
12.2010-627-T Consider and take appropriate action regarding an Ordinance of The Town of Trophy
Club, Texas Amending the FY 2009-2010 Budget of The Town of Trophy Club, Texas;
Providing for the Incorporation of Premises; Providing for an Amendment (Budget
Amendment No. 6 Making A Supplemental Appropriation In Accordance With The
Town Charter); Providing a Savings and Repealer Clause; Providing for Severability;
Providing for Engrossment and Enrollment; and Providing an effective date.
ORD 2010-31 Budget Amendment #6 for 09-10 FY.pdfAttachments:
13.2010-628-T Consider and take appropriate action regarding an Ordinance of The Town of Trophy
Club, Texas amending the FY 2009-2010 Budget of The Town of Trophy Club, Texas;
Providing for the Incorporation of Premises; Providing for an Amendment (Budget
Amendment No. 7 Making A Supplemental Appropriation In Accordance With The
Town Charter); Providing a Savings and Repealer Clause; Providing for Severability;
Providing for Engrossment and Enrollment; and Providing an Effective Date.
ORD 2010-32 Budget Amendment #7 for 09-10 FY.pdfAttachments:
14.2010-448-T Consider and take appropriate action regarding an Ordinance relative to the Town's
participation in TMRS by authorizing the Town to make current and prior service
contributions to the Town's account in the Municipal Accumulation Fund of TMRS; and
providing an effective date.
ORD 2010-33 TMRS.pdfAttachments:
15.2010-623-T Consider and take appropriate action regarding an Ordinance approving a Code of
Conduct / Ethics Ordinance and establishing an Ethics Commission.
16.2010-653-T Consider and take appropriate action regarding a Resolution approving the proposed
terms of a settlement between the Town and Travelers Companies Inc., relative to a
bond claim on the Contract for Paving, Grading and Utility Improvements for the
Highlands of Trophy Club Master Improvements Phase 2; authorizing the Town
Manager to finalize settlement documents and to execute all necessary and related
documents; and providing an effective date.
RES 2010-25 - Signature Authority Settlement.pdfAttachments:
Town Council 3 of 235 Meeting Date: December 6, 2010
December 6, 2010Town Council Meeting Agenda
17.2010-652-T Consider and take appropriate action regarding a Resolution of the Town of Trophy
Club, Texas, authorizing the Cities Aggregation Power Project, Inc. (CAPP) to negotiate
an extension to the current electric supply services agreement with Next Era for a fixed
price through 2018; authorizing the Chairman of CAPP to execute an extension to the
current Electric Supply Agreement for deliveries of electricity effective January 1, 2011
or as soon as possible thereafter; committing to budget for energy purchases for Town
electrical needs; and providing an effective date.
2010 11 05 Memo.pdf
2010 11 09 Memo.pdf
CAPP 2010 Membership.pdf
RES 2010-26 - CAPP.pdf
Attachments:
18.2010-620-T Consider and take appropriate action regarding approval of a Roundabout at Trophy
Club Drive and Trophy Lake Drive intersection.
113010 Roundabout Probable Construction Costs.pdf
113010 ROW exhibit.pdf
113010 Signal Intersection Cost Estimates.pdf
113010 Signal Improvement Exhibit.pdf
Attachments:
19.2010-625-T Consider and take appropriate action regarding the award of a Contract for Municipal
Court Collection Services, and authorizing the Town Manager to execute all necessary
documents..
MVBA_Information.pdfAttachments:
20.2010-629-T Consider and take appropriate action regarding financial and variance report dated
October 2010.
October 2010 Monthly Financial Reports.pdfAttachments:
21.2010-630-T Consider and take appropriate action regarding the regularly scheduled Town Council
meetings for the remainder of December 2010.
22.2010-631-T Town Manager Slye's update regarding the following; discussion of the same.
- CFAB Update
- Special Events Ordinance
- Citizens Survey Update
23.2010-632-T Mayor and Council Updates regarding training opportunities, educational sessions, and
regional meetings; discussion of same.
24.2010-633-T Receive Mayor Pro Tem Rose's liaison report regarding the November 16, 2010
TCMUD No. 1 Meeting; discussion of same.
- North Texas Ground Water Association
- Trinity Well
- Water Storage
Town Council 4 of 235 Meeting Date: December 6, 2010
December 6, 2010Town Council Meeting Agenda
25.2010-634-T Items for Future Agendas
Future Agenda Items List.pdfAttachments:
This item allows Council to request the placement of items on upcoming agendas when
the topic of discussion requires research and review that cannot be accomplished in the
time frame between regular Council meetings. However, a Council Member may
request that an item be placed on the next regularly scheduled meeting without first
placing that item on the Future Agenda Items list. All requests for agenda items must
comply with Charter requirements.
EXECUTIVE SESSION
26.2010-637-T Council to convene into executive session pursuant to Texas Government Code,
Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of
a public officer or employee:
(1) Discussion regarding the hiring of a Town Secretary
RECONVENE INTO REGULAR SESSION
27.2010-638-T Consider and take appropriate action regarding the Executive Session.
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 Friday, December 3, 2010 by
5:00 P.M. in accordance with Chapter 551, Texas Government Code.
__________________________________
Shannon DePrater, Interim 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
______________________, 2010.
________________________________, Title: ___________________________
Town Council 5 of 235 Meeting Date: December 6, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-621-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/30/2010 Town Council
On agenda:Final action:12/6/2010
Title:Consider and provide direction regarding Code of Conduct/Ethics Ordinance.
Attachments:WP Ethics Revisions Rev1.pdf
EthicsDisclosureofInterestSLvsSLRev1.pdf
EthicsDisclosureofInterestTCvsSL10.26.10.pdf
TC Code of Ethics & Conduct Proposal Rev 8.pdf
Ord. 2010-XX Draft Ethics Ordinance - Compliance with State law.pdf
Action ByDate Action ResultVer.
Town Council 6 of 235 Meeting Date: December 6, 2010
File #: 2010-621-T, Version: 1
Title
Consider and provide direction regarding Code of Conduct/Ethics Ordinance.
Goals
Goal #1: Safe and secure community.
Maintain Trophy Club’s Low crime rate
Increase positive visibility through community policing initiatives
Provide superior Emergency Services
Increase citizen involvement
Town Council 7 of 235 Meeting Date: December 6, 2010
11-24-10 Rev 1
WCR
Page 1 of 6
Ethics--Items for Consideration
SECTION 1. POLICY
The provisions of this article shall not apply to political contributions, loans,
expenditures, reports or regulation of political campaigns, or the conduct of candidates
in such campaigns, except as expressly provided herein.
SECTION 2. PRINCIPLES OF CONDUCT
Discuss--mixed input on retention
SECTION 3. DEFINITIONS
Substantial Interest
Current 1 f: The person is a creditor, debtor or guarantor of the business entity in the
amount of 5,000.00 or more; or
Proposed incorporating Ft Worth 1 f: The person is a creditor, debtor or guarantor of any
person, group or business entity in the amount of five thousand dollars ($5,000.00) or
more; or
Current 1 g: Property of the person has been pledged to the business entity or is subject
to a lien in favor of the business entity in the amount of $5,000.00 or more.
Proposed incorporating Ft Worth 1 g: Property of the person has been pledged to a
person, group or business entity or is subject to a lien in favor of the person, group or
business entity in the amount of five thousand dollars ($5,000.00) or more.
Town Official
Current: Town Official. The Mayor, every member of the Town Council, candidates, the
Town Manager, the Assistant Town Manager, the Town Attorney, the Town Secretary,
Judges of the Municipal Court, the Police Chief, the Fire Chief, the Finance Director, the
Information Services Director, the Parks and Recreation Director, the Human Resources
Director, the Streets Superintendent, the Planning and Zoning Coordinator and
individuals acting in the capacity of the aforementioned persons.
Proposed: Town Official. The Mayor, every member of the Town Council, candidates,
the Town Manager, the Town Attorney, the Town Secretary, and Judges of the Municipal
Court.
Town Council 8 of 235 Meeting Date: December 6, 2010
11-24-10 Rev 1
WCR
Page 2 of 6
SECTION 4. STANDARDS OF CONDUCT
No Town official, appointee or employee, or their spouses, shall knowingly:
For Information from San Marcos: (13) Make a false statement of material fact at a
public meeting. This subsection shall not be construed to deprive an officer or employee
of the right to due process under the law, including the right to represent himself/herself
in a court proceeding.
SECTION 5. DISCLOSURE OF INTEREST
Current Southlake: (a) If any Town official, appointee or employee has a substantial
interest in a business entity or real property involved in any decision pending before such
Town official, appointee, employee, or the body of which he or she is a member, such
Town official, appointee, or employee, shall disclose such interest as provided in
subsection (d) below and shall not, except as provided in subsection (b) below, discuss
the substance of the matter at any time with any other member of the board of which he is
a member or any other body which will vote on or otherwise participate in the
consideration of the matter.
Proposed incorporating Ft Worth: (a) If any Town official, appointee or employee has a
substantial interest in any person, group, business entity or real property involved in any
decision pending before such Town official, appointee, employee, or the body of which
he or she is a member, such Town official, appointee, or employee, shall disclose such
interest as provided in subsection (d) below and shall not, except as provided in
subsection (b) below, vote, discuss the substance of the matter at any time with any other
member of the board of which he is a member or any other body which will vote on or
otherwise participate in the consideration of the matter.
Current Southlake: (b) If any of the following interests or relationships are involved in
any decision pending before any Town official, appointee, or employee, or the body of
which he is a member, such Town official, appointee, or employee must disclose such
interest or relationship as provided in subsection (d) and, in the case of an interest
described in subsection (b)(6), as provided in subsection (e), subsection (f), or subsection
(g) below, but he shall be permitted to vote on and participate in the consideration of such
matter:
Additional allowances in Ft Worth: (will require renumbering)
A decision concerning the refund of property taxes to a business entity in which
the Town official, appointee or employee has a substantial interest, if such refund
Town Council 9 of 235 Meeting Date: December 6, 2010
11-24-10 Rev 1
WCR
Page 3 of 6
is required because of a double payment of taxes or a judicially or
administratively determined reduction in the valuation of the taxed property;
A decision concerning a business entity with which the Town official, appointee
or employee has a stock brokerage or securities account; and
A decision concerning whether the Town should accept a gift from a business
entity in which the Town official, appointee or employee has a substantial
interest.
Disclosure of interest exemption for Special Improvement District--Ft. Worth: (Note (a)
is not allowed to vote, (b) is voting after disclosure, and (c) is disclosure requirements)
The provisions of paragraphs (a), (b) and (c) shall not apply when a Town official,
appointee or employee, or the body of which he or she is a member, is involved in a
decision concerning the levy of a special improvement district assessment against real
property which is owned by a person, group or business entity in which the Town
official, appointee or employee has a substantial interest if:
(1) Assessments are levied at a uniform rate throughout the district; and
(2) Such rate is applied to the value of the real property as shown on current
Denton/Tarrant Appraisal District appraisal rolls.
Such Town official, appointee or employee shall not be required to disclose such interest
as provided in paragraphs (a), (b) or (c) and shall be permitted to vote on and participate
in consideration of the matter.
SECTION 6. DELETED
SECTION 7. ETHICS REVIEW COMMISSION
Current Proposal: (3) The Commission members shall be appointed to three year
staggered terms. Positions 1 and 2 shall serve an implementation term which shall expire
on September 30 of 2011. Positions 3 and 4 shall serve an implementation term which
shall expire on September 30 of 2012. Positions 5, 6, and 7 shall serve an implementation
term which shall expire on September 30 of 2013. After each such implementation term
expires, the term of office for each position shall be three years. No member shall serve
for more than two (2) consecutive full terms. Implementation terms shall not be counted
as full terms.
Revised Proposal adjusting years:
Town Council 10 of 235 Meeting Date: December 6, 2010
11-24-10 Rev 1
WCR
Page 4 of 6
(3) The Commission members shall be appointed to three year staggered terms. Positions
1 and 2 shall serve an implementation term which shall expire on September 30 of 2012.
Positions 3 and 4 shall serve an implementation term which shall expire on September 30
of 2013. Positions 5, 6, and 7 shall serve an implementation term which shall expire on
September 30 of 2014. After each such implementation term expires, the term of office
for each position shall be three years. No member shall serve for more than two (2)
consecutive full terms. Implementation terms shall not be counted as full terms.
SECTION 8. DISPOSITION OF ALLEGED VIOLATIONS
Current Proposal: (3) A complaint alleging a violation of this article must be filed with
the Town Secretary within one (1) year from the commission of the action alleged as a
violation, and not afterward.
Revised Proposal incorporating San Marcos: (3) A complaint alleging a violation of this
article must be filed with the Town Secretary within one (1) year from the commission of
the action alleged as a violation, and not afterward. No complaints shall be filed within a
period beginning on the 60th day prior to the first day of early voting for any Town
election and ending on the later of the regular election day or runoff election day.
SECTION 9. PETITION FOR DECLARATORY RULING.
SECTION 10. CULPABLE MENTAL STATE.
SECTION 11. FALSE COMPLAINTS
Current Proposal: In the event a complaint is received by the Commission that is
subsequently found to be baseless, and the Commission deems that the complaint was
filed with the intent to:
(a) harass the person named in the complaint; or
(b) damage any person's reputation; or
(c) benefit the person filing the complaint, or a third party, either personally,
professionally or politically; or
(d) damage a related third party;
the Commission may recommend the Town Attorney cause a complaint to be filed
against such person in the municipal court or, as appropriate, a higher court of this state;
the Town Council or Town Manager, as appropriate, may take disciplinary action(s)
against the individual who filed the complaint, including but not limited to disciplinary
action if such complainant is a Town employee or appointed officer or official of the
Town; and/or the filing of a civil action to recover the costs, fees, charges and expenses
incurred by the Town and person named in the complaint with respect to such complaint.
Town Council 11 of 235 Meeting Date: December 6, 2010
11-24-10 Rev 1
WCR
Page 5 of 6
The Commission may also recommend other action(s) that should be taken.
For Information—San Antonio:
(c) Frivolous Complaint.
(1) For purposes of this section, a "frivolous complaint" is a sworn complaint that
is groundless and brought in bad faith or groundless and brought for the purpose
of harassment.
(2) By a vote of at least two-thirds of those present, the Board may order a
complainant to show cause why the Board should not determine that the
complaint filed by the complainant against a respondent is a frivolous complaint.
(3) In deciding if a complaint is frivolous, the Board will be guided by the Texas
Rules of Civil Procedure, Rule 13, and interpretations of that rule, and may also
consider:
(A) the timing of the sworn complaint with respect to when the facts
supporting the alleged violation became known or should have become
known to the complainant, and with respect to the date of any pending
election in which the respondent is a candidate or is involved with a
candidacy, if any;
(B) the nature and type of any publicity surrounding the filing of the
sworn complaint, and the degree of participation by the complainant in
publicizing the fact that a sworn complaint was filed with the Board;
(C) the existence and nature of any relationship between the respondent
and the complainant before the complaint was filed;
(D) if respondent is a candidate for election to office, the existence and
nature of any relationship between the complainant and any candidate or
group opposing the respondent;
(E) any evidence that the complainant knew or reasonably should have
known that the allegations in the complaint were groundless; and
(F) any evidence of the complainant's motives in filing the complaint.
(4) Notice of an order to show cause shall be given to the complainant, with a
copy to the respondent, and shall include:
(A) an explanation of why the complaint against a respondent appears to
be frivolous; and
(B) the date, time, and place of the hearing to be held under this section.
(5) Before making a determination that a sworn complaint against a respondent is
a frivolous complaint, the Board shall hold a hearing at which the complainant
may be heard; the complainant may be accompanied by counsel retained by the
complainant.
Town Council 12 of 235 Meeting Date: December 6, 2010
11-24-10 Rev 1
WCR
Page 6 of 6
(6) By a record vote of at least two-thirds of those present after the hearing under
subsection (5) of this section, the Board may determine that a complainant filed a
frivolous complaint and may recommend sanctions against that complainant.
(d) Sanctions for Filing Frivolous Complaints.
(1) Before imposing a sanction for filing a frivolous complaint, the Board shall
consider the following factors:
(A) the seriousness of the violation, including the nature, circumstances,
consequences, extent, and gravity of the violation;
(B) the sanction necessary to deter future violations; and
(C) any other matters that justice may require.
(2) The Board may impose the following sanctions:
(A) a civil penalty of not more than $500.
(B) imposition of attorneys' fees incurred by the respondent of the
frivolous complaint;
(C) any other sanction permitted by law.
(3) The Board may notify the appropriate regulatory or supervisory agency for
their appropriate action. This may include a referral to a criminal investigation
agency or prosecution entity for investigation of perjury.
SECTION 12. PENALTIES
SECTION 13. CODE OF ORDINANCES.
SECTION 14. SEVERABILITY.
SECTION 15. EFFECTIVE DATE.
Town Council 13 of 235 Meeting Date: December 6, 2010
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b
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f
a
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a
ny
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w
n
o
f
f
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c
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l
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em
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l
o
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e
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r
t
h
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d
y
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f
w
h
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m
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h
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b
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d
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n
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u
b
s
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c
t
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n
(b
)
(
6
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,
a
s
p
r
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v
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d
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d
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n
s
u
b
s
e
c
t
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o
n
(e
)
,
s
u
b
s
e
c
t
i
o
n
(
f
)
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o
r
s
u
b
s
e
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t
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on
(
g
)
b
e
l
o
w
,
b
u
t
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r
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p
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s
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d
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f
s
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ma
t
t
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r
:
(1
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A
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c
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s
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c
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g
a
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a
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u
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t
l
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d
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w
a
s
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g
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o
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r
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a
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m
a
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c
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d
i
n
g
to
t
h
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t
e
r
m
s
t
h
e
r
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o
f
;
(2
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A
d
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c
i
s
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o
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c
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c
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r
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i
n
g
a
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n
w
h
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c
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T
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wn
o
f
f
i
c
i
a
l
,
appointee, or
em
p
l
o
y
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h
o
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d
s
a
s
a
v
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o
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p
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t
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l
a
k
e
1
9
9
5
t
o
2
0
0
7
Di
s
c
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f
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L
11
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7
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1
0
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v
1
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Pa
g
e
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f
8
To
w
n
Co
u
n
c
i
l
14
of
23
5
Me
e
t
i
n
g
Date: December 6, 2010
fu
l
l
y
i
n
s
u
r
e
d
b
y
t
h
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.
S
.
g
o
v
e
r
n
m
e
nt
o
r
a
n
a
g
e
n
c
y
t
h
e
r
e
o
f
;
(3
)
A
d
e
c
i
s
i
o
n
c
o
n
c
e
r
n
i
n
g
a
b
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s
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n
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s
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n
t
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w
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f
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o
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rd
m
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m
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a
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a
i
l
o
r
c
r
e
d
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t
ca
r
d
a
c
c
o
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n
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;
(4
)
A
d
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c
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c
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n
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y
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w
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d
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p
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t
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r
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b
a
n
k
:
(5
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A
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c
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c
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c
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n
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g
r
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w
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f
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a
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p
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r
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di
s
t
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u
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a
b
l
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f
r
o
m
t
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f
f
e
c
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on
t
h
e
p
u
b
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c
(
s
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e
c
t
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o
n
l
7
1
.
0
0
4
,
Te
x
a
s
L
o
c
a
l
G
o
v
e
r
n
m
e
n
t
C
o
d
e
)
.
ce
r
t
i
f
i
c
a
t
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o
f
d
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p
o
s
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t
a
n
d
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h
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c
h
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s
f
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l
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y
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n
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d
b
y
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h
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.
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o
v
e
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n
m
e
n
t
o
r
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n
a
g
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n
c
y
t
h
e
r
e
o
f
;
(3
)
A
d
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c
i
s
i
o
n
c
o
n
c
e
r
n
i
n
g
a
b
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n
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t
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t
y
w
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t
h
w
h
i
c
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e
To
w
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f
f
i
c
i
a
l
,
a
p
p
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i
n
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18
of
23
5
Me
e
t
i
n
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Date: December 6, 2010
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Co
u
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c
i
l
19
of
23
5
Me
e
t
i
n
g
Date: December 6, 2010
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c
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20
of
23
5
Me
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n
g
Date: December 6, 2010
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c
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21
of
23
5
Me
e
t
i
n
g
Date: December 6, 2010
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2
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1
0
To
w
n
Co
u
n
c
i
l
22
of
23
5
Me
e
t
i
n
g
Date: December 6, 2010
in
s
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2
6
.
1
0
To
w
n
Co
u
n
c
i
l
23
of
23
5
Me
e
t
i
n
g
Date: December 6, 2010
(3
)
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Date: December 6, 2010
DRAFT
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE 2010 - ___
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
PROVIDING AN ETHICS POLICY; DEFINING CERTAIN TERMS;
PROVIDING FOR STANDARDS OF CONDUCT; PROVIDING FOR
CERTAIN FINANCIAL DISCLOSURES; ESTABLISHING AN ETHICS
COMMISSION; PROVIDING FOR DISPOSITION OF ALLEGED
VIOLATIONS; AMENDING THE CODE OF ORDINANCES; PROVIDING
AN EFFECTIVE DATE AND SAVINGS CLAUSE; AND PROVIDING FOR
RELATED MATTERS.
WHEREAS, the Town of Trophy Club, Texas is a Home Rule Town acting under its
Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, at a Special Election held in accordance with Ordinance 2009-07, within the
Town of Trophy Club, Texas, on the 9th day of May, 2009, more than a majority of the
duly qualified resident electors of the Town of Trophy Club, voting in the Special
Election, voted in favor of the approval and adoption of various amendments to the
Home Rule Charter for the Town of Trophy Club, Texas; and
WHEREAS, on the 18th day of May, 2009, the Town Council of the Town of Trophy Club
adopted Ordinance 2009-12 canvassing the returns of the Special Election and declaring
that the Charter had been so amended in accordance with the official results of the
Special Election and the Order of the Special Election, and thereby approved and
adopted amendments to the Home-Rule Charter of the Town of Trophy Club; and
WHEREAS, a Code of Ethics and Conduct, and an Ethics Commission amendment
were included in Ordinance 2009-07 and Ordinance 2009-12; and
WHEREAS, the Code of Ethics and Conduct, and Ethics Commission amendment
requires an ethics and conduct ordinance be adopted by the Town Council; and
WHEREAS, the Code of Ethics and Conduct, and Ethics Commission amendment
requires an ethics and conduct ordinance be applicable to elected officers, appointed
boards, commissions, committee members, and employees of the Town; and
WHEREAS, the Code of Ethics and Conduct, and Ethics Commission amendment
requires establishment of an independent Ethics Commission; and
WHEREAS, statutory provisions governing the ethical conduct of public officials and
employees are found in various codes including the Texas Local Government Code,
Texas Government Code and the Texas Penal Code; and
WHEREAS, the conduct of the public business should be accomplished by Town
Officials, appointees and employees that have no personal financial interest in such
business clearly separate from that of the general public; and
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WHEREAS, it is important that Town Officials, appointees and employees be provided
with a process and procedure to give notice and to then refrain from participation in any
specific business of the Town in which such Official has a personal financial interest
different from that of the general public; and
WHEREAS, a reasonable ethics ordinance with disclosure requirements will provide a
basis for continuing public confidence in the conduct of the business and affairs of the
Town;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
CODE OF ETHICS AND CONDUCT
SECTION 1.
POLICY
It is hereby declared to be the policy of the Town that the proper operation of democratic
government requires that public officials and employees be independent, impartial and
responsible to the people of the Town; that governmental decisions and policy be made
in the proper channels of the governmental structure; that no officer, appointee, or
employee should have any interest, financial or otherwise, direct or indirect, or engage in
any business, transaction or professional activity or incur any obligation of any nature
which is in conflict with the proper discharge of his duties in the public interest; that
public office and public employment are positions of public trust imposing the duty of a
fiduciary upon all employees and officeholders, who are not to use their public position
for personal gain; and that the public should have confidence in the integrity of its
government. To implement this policy, the Town council enacts this code of ethics and
conduct for all officers, appointees and employees, whether elected or appointed, paid
or unpaid, to serve not only as a guide for official conduct of the Town's public servants,
but also as a basis for discipline for those who refuse to abide by its terms. The
provisions of this article shall not apply to political contributions, loans, expenditures,
reports or regulation of political campaigns, or the conduct of candidates in such
campaigns, except as expressly provided herein. This code of ethics and conduct is
cumulative of other ordinances, Town Charter provisions and state statutes defining and
prohibiting conflict of interest.
SECTION 2.
PRINCIPLES OF CONDUCT
(1) The Town Council further believes that an elected or appointed Town official,
appointee or employee assumes a public trust and should recognize the importance of
high ethical standards within the organization they lead or support. Essential values and
ethical behaviors that an elected or appointed Town official, appointee or employee
should exemplify include the following:
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(a) Commitment beyond self.
(b) Obedience and commitment beyond the law.
(c) Commitment to the public good.
(d) Respect for the value and dignity of all individuals.
(e) Accountability to the public.
(f) Truthfulness.
(g) Fairness.
(h) Responsible application of resources.
(2) In keeping with the values set forth in subsection (1) of this section and to assist in
the fulfillment of responsibilities to the individuals and communities served, each elected
or appointed Town official, appointee or employee should:
(a) Conduct himself and operate with integrity and in a manner that merits the
trust and support of the public.
(b) Uphold all applicable laws and regulations, going beyond the letter of the law
to protect and/or enhance the Town's ability to accomplish its mission.
(c) Treat others with respect, doing for and to others what the Town official,
appointee or employee would have done for and to himself in similar
circumstances.
(d) Be a responsible steward of the taxpayer resources.
(e) Take no actions that could benefit the Town official, appointee or employee
personally at the unwarranted expense of the Town, avoiding even the
appearance of a conflict of interest, and exercise prudence and good judgment at
all times.
(f) Carefully consider the public perception of personal and professional actions
and the effect such actions could have, positively or negatively, on the Town's
reputation both in the community and elsewhere.
(g) Strive for personal and professional growth to improve effectiveness as an
elected or appointed Town official, appointee or employee.
(3) Interpretation. Section 2 is a statement of purpose and principles only. Nothing in this
section may be used to create a cause of action against an elected or appointed Town
official, appointee or employee under this article.
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SECTION 3.
DEFINITIONS
Appears Before. A person appears before the Town Council, board or commission
when such person publicly states his name and address, signs a sheet provided for that
purpose, and addresses the Council, board or commission.
Appointee. Persons appointed or confirmed by the Mayor or Town Council; provided
however for the purposes of this definition, the term “appointee” does not include
Municipal Judges.
Business Entity. Any corporation, partnership, sole proprietorship, firm, enterprise,
franchise, association, organization, self-employed individual, holding company, joint
stock company, receivership, trust, or any legal entity organized for profit.
Business Dealings. Any activity involving the exchange of economic benefits.
Candidate. Every person who declares for or files for any office of the Town to be filled
by election.
Compensation. Any economic benefit received in return for labor, services, property, or
investment.
Economic Benefit. Any money, real or personal property, purchase, sale, lease,
contract, option, credit, loan, discount, service, or other tangible or intangible thing of
value, whether similar or dissimilar to those enumerated.
Employee. Any person employed by the Town, including those individuals on a part-
time basis, but such term shall not be extended to apply to any independent contractor.
Family Member. The spouse, parent or child, and the parents of a spouse of a Town
official, appointee, or Town employee.
Gift. A favor, hospitality, or economic benefit other than compensation but which does
not include campaign contributions reported as required by State law, gifts received from
a relative if given on account of kinship, or any value received by will, intestate
succession, or as a distribution from an inter vivo or testamentary trust established by a
spouse or ancestor.
Identification. For a natural person, the person’s name, street address, city and state;
for any entity other than a natural person, the name, address, city and state of the
entity’s principal location or place of business, the type or nature of the entity, the date
on which it came into existence, the state of incorporation, if any, and the names of the
partners or trustees, if any.
Income. Economic benefit received.
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Intentionally. A person acts intentionally, or with intent, with respect to the nature of his
conduct or to a result of his conduct when it is his conscious objective or desire to
engage in the conduct or cause the result.
Knowingly. A person acts knowingly, or with knowledge, with respect to the nature of his
conduct or to circumstances surrounding his conduct when he is aware of the nature of
his conduct or that the circumstances exist. A person acts knowingly, or with knowledge,
with respect to a result of his conduct when he is aware that his conduct is reasonably
certain to cause the result.
Pecuniary Gain. Any use, benefit or thing of value that can be valued in money.
Source of Income. Any business entity, employment, investment, or activity which
earned or produced income, including interest, dividends, royalties or rents, which has
been paid to or for the credit of a Town official, candidate or family member or which
would be taxable to said Town official, candidate or family member under the United
States Internal Revenue Code, as amended, even though not actually paid or credited.
Substantial Interest. (1) A person has a substantial interest in a business entity if:
a. The interest is ownership of ten percent or more of the voting stock or shares of the
business entity or ownership of either ten percent or more or $5,000.00 or more of the
fair market value of the business entity (see section 171.002, Texas Local Government
Code); or
b. Funds received by the person from the business entity exceed ten percent of the
person's gross income for the previous year (see section 171.002, Texas Local
Government Code); or
c. The person holds a position of member of the board of directors or other governing
board of the business entity; or
d. The person serves as an elected officer of the business entity; or
e. The person is an employee of the business entity; or
f. The person is a creditor, debtor or guarantor of the business entity in the amount of
$5,000.00 or more; or
g. Property of the person has been pledged to the business entity or is subject to a lien
in favor of the business entity in the amount of $5,000.00 or more.
(2) A person does not have a substantial interest in a business entity if:
a. The person holds a position as a member of the board of directors or other governing
board of a business entity; and
b. The person has been designated by the city council to serve on such board; and
c. The person receives no remuneration, either directly or indirectly, for his or her service
on such board; and
d. The primary nature of the business entity is either, charitable, nonprofit or
governmental.
(3) A person has a substantial interest in real property if the interest is an equitable or
legal ownership interest with a fair market value of $2,500.00 or more (see section
171.002, Texas Local Government Code).
(4) A person has a substantial interest under this chapter if the person's family member
has a substantial interest under this chapter (see section 171.002, Texas Local
Government Code).
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Town Official. The Mayor, every member of the Town Council, candidates, the Town
Manager, the Assistant Town Manager, the Town Attorney, the Town Secretary, Judges
of the Municipal Court, the Police Chief, the Fire Chief, the Finance Director, the
Information Services Director, the Parks and Recreation Director, the Human Resources
Director, the Streets Superintendent, the Planning and Zoning Coordinator and
individuals acting in the capacity of the aforementioned persons.
SECTION 4.
STANDARDS OF CONDUCT
No Town official, appointee or employee, or their spouses, shall knowingly:
(1) Accept or solicit any gift, favor, service or thing of value from any person,
group or business entity, including a promise of future employment, that might
reasonably tend to influence him in the discharge of his or her official duties or
that the Town official, appointee or employee knows or should know is being
offered with the intent to influence the Town official's or employee's official
conduct. This prohibition shall not apply to:
a. An occasional non-pecuniary gift, insignificant in value; or
b. An award publicly presented in recognition of public service; or
c. Any gift which would have been offered or given to the Town official,
appointee or employee or his or her spouse if he/she were not a Town
official, appointee or employee; or
d. Any travel and related expenses to attend ceremonial functions,
provided that such acceptance and attendance have been approved by
the Town Council prior to the occurrence of the ceremonial function.
(2) Grant in the discharge of his or her official duties any improper favor, service
or thing of value to any person, group or business entity;
(3) Knowingly disclose any confidential information gained by reason of the
position of the Town official, appointee or employee concerning property,
operations, policies or affairs of the Town, or use such confidential information to
advance any personal interest, financial or otherwise, of such Town official,
appointee or employee, or others. This subsection shall not preclude disclosure
of such confidential information in connection with any investigation or
proceeding regarding whether there has been a violation of the standards of
conduct set forth in this code.
(4) Use one's position or office of employment or Town facilities, personnel,
equipment or supplies to secure special privileges or exemptions for himself or
others or for the private gain of the Town official, appointee, employee, or his or
her spouse.
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(5) Engage in any exchange, purchase or sale of property, goods or services with
the Town, except:
a. Rendering services to the Town as a Town official, appointee or
employee;
b. Paying taxes, fines, utility service or filing fees;
c. Executing and performing any developer's agreement or plat in
compliance with laws and regulations applicable to any person; provided,
however, that if any Town ordinance, rule or regulation allows any
discretion by the appropriate Town officials, appointees or employees of
the Town in the interpretation or enforcement of such ordinance, rule or
regulation, any such discretion shall be exercised in favor of the Town in
connection with any such developer's agreement or plat;
d. Appointees who are not otherwise Town officials or employees of the
Town, may engage in any exchange, purchase or sale of property, goods
or services with the Town, or enter into a contract with the Town, provided
that the board on which they are a member has no advisory function or
cognizance, direct or indirect, present or prospective, with respect to the
transaction in which such appointee engages or proposes to engage.
(6) Hold himself/herself out as representing the Town in any capacity other than
that for which he was appointed, elected or hired.
(7) Engage in or accept private employment or render a service when such
employment or service is incompatible with the proper discharge of his or her
official duties or would tend to impair his or her independent judgment in the
performance of his or her official duties.
(8) Make or permit the unauthorized use of Town owned vehicles, equipment,
materials or property.
(9) Grant any special consideration, treatment or advantage to any citizen
beyond that which is available to every other citizen.
(10) After termination of service or employment with the Town, appear before any
board or commission of the Town in relation to any case, proceeding or
application in which he or she personally participated or which was under his or
her active consideration, during the period of his or her service or employment.
(11) Transact any business in his or her official capacity with the Town with a
business entity in which he/she has a substantial interest.
(12) Knowingly perform or refuse to perform any act in order to deliberately
thwart the execution of Town ordinances, rules or regulations or the achievement
of official Town programs.
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SECTION 5.
DISCLOSURE OF INTEREST
(1) If any Town official or appointee has a substantial interest in any real property or
business entity involved in any decision pending before the body of which the Town
official or appointee is a member, the Town official or appointee shall not vote or
otherwise participate in the consideration of the matter.
(2) If any employee has a substantial interest in any real property or business entity
involved in any decision pending before the department by which the employee is
employed, the employee shall not participate in the consideration of the matter.
(3) In the case of a Town official or appointee, the Town official or appointee shall
publicly disclose, verbally or in writing, the nature and extent of such interest to the body
on which the Town official or appointee serves prior to any discussion or determination
of the matter to be considered or immediately upon discovery of the conflict of interest.
The statement of disclosure shall be included in the official minutes of the body.
(4) In the case of an employee, the employee shall disclose such information in writing to
the employee’s supervisor and to the Town Secretary prior to any consideration of the
matter. The Town Secretary shall keep a file of employee statements of disclosure and
said file shall be a public record of the Town.
SECTION 7.
ETHICS REVIEW COMMISSION
(1) An Ethics Review Commission (Commission) is hereby established to be composed
of seven (7) members, all of whom shall reside in the Town.
(2) Each Commission member shall be appointed by the Town Council and shall occupy
a position on the Commission, such positions being numbered 1 through 7.
(3) The Commission members shall be appointed to three year staggered terms.
Positions 1 and 2 shall serve an implementation term which shall expire on September
30 of 2011. Positions 3 and 4 shall serve an implementation term which shall expire on
September 30 of 2012. Positions 5, 6, and 7 shall serve an implementation term which
shall expire on September 30 of 2013. After each such implementation term expires, the
term of office for each position shall be three years. No member shall serve for more
than two (2) consecutive full terms. Implementation terms shall not be counted as full
terms.
(4) All vacancies shall be filled for the unexpired term. A member shall hold office until
his successor has been appointed by the Town Council and shall continue to hold office
after his successor has been appointed by the Town Council for the limited purpose of
the disposition of all complaints filed during that member's term. No member may
participate in a decision regarding a complaint initiated prior to the expiration of the
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DRAFT
previous member’s term, but new members shall assume the duties of office with
respect to all complainants initiated after the previous member's term.
(5) The Commission shall elect a chairman and a vice-chairman to one (1) year terms.
The vice-chairman shall act as chairman in the absence of the chairman.
(6) Four (4) or more members of the Commission shall constitute a quorum, but no
action of the Commission shall be of any force or effect unless it is adopted by the
favorable vote of four (4) or more members.
(7) The Commission shall meet at least once a year to review this article and may make
recommendations to the Town Council for amendments hereto.
(8) The Commission shall render advisory opinions on potential conflicts of interest or
violation of this article at the request of a Town official, member of a Town board or
commission, or employee subject to the terms of this article. Such advisory opinion shall
be rendered within a reasonable time, but in no event later than thirty (30) days after a
request is received by the Commission.
(9) It shall be a defense to an alleged violation of this article that the person accused
previously requested an advisory opinion of the Commission and acted on such opinion
in good faith, unless material facts were omitted or misstated by the person requesting
the opinion. Such advisory opinion shall also be binding on the Commission in any
subsequent charges concerning the person requesting the opinion.
(10) Independent legal counsel shall be utilized to advise the Commission and
participate in hearings. The Town Council shall annually designate and retain
independent counsel who shall be a duly licensed attorney in the State of Texas.
(11) The Commission shall have jurisdiction to review and make findings concerning any
alleged violation of this article by any person subject to those provisions, if a complaint is
filed within one year after the date of the alleged violation. The Commission may not
consider any alleged violation that occurred before July 1, 2010 or more than one year
before the date of the filing of a complaint.
SECTION 8.
DISPOSITION OF ALLEGED VIOLATIONS
(1) A sworn complaint based on personal knowledge alleging a violation (s) of this article
shall specify the provision (s) of this article alleged to have been violated, and shall
name the Town official, candidate, appointee, or employee being charged.
THE STATE OF TEXAS:
COUNTY OF DENTON:
TO: THE ETHICS REVIEW COMMISSION
OF THE TOWN OF TROPHY CLUB, TEXAS:
COMES NOW (complainant), and makes this complaint, UPON HIS/HER PERSONAL
KNOWLEDGE AND UNDER OATH against (name of person complained against), and
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Town Council 35 of 235 Meeting Date: December 6, 2010
DRAFT
would show the Commission that: On or about the _______ day of ________________,
___,(insert date of the action, or omission, complained of)
_____________________________________________, (name of person complained
against) a/an (insert appropriate designation; Town official, candidate, appointee,
employee, board or commission member) of the Town of Trophy Club, Texas, violated
the following provision(s) of Code of Ethics and Conduct Ordinance, Town of Trophy
Club, Texas, to wit: (Specify by Section, Subsection and Paragraph number the
provision(s) alleged violated.) by committing the following act, or omission, to wit:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
(Describe above, the action, or omission, alleged to violate each Code provision cited.
You may attach additional pages if more space is required.)
(2) Upon the aforesaid sworn complaint of any person being filed with the Town
Secretary’s office, or on its own initiative, the Commission shall consider possible
violations of this article by Town officials, candidates, appointees and employees. A
complaint shall not be deemed to be filed on the initiative of the Commission save and
except the complaint be signed and sworn to by two (2) members of the Commission,
one of which is the Chairman of the Commission, after consultation with the legal
counsel of the Commission. A complaint filed by an individual member of the
Commission shall be deemed to have been filed in the Commission member’s
capacity as a private citizen and, in such event, the member of the Commission filing the
complaint shall not thereafter participate in a Commission meeting at which such
complaint is considered save and except that the Commissioner filing the complaint may
participate as a complainant at such meeting.
(3) A complaint alleging a violation of this article must be filed with the Town Secretary
within one (1) year from the commission of the action alleged as a violation, and not
afterward.
(4) The Town Secretary shall, in writing, advise the person filing the complaint that
falsely accusing someone of a violation of this article may result in criminal prosecution
of anyone who knowingly makes a false accusation. The Town Secretary shall, in
writing, advise the person charged in the complaint that falsely responding to a
complaint may result in criminal prosecution of anyone who knowingly makes a false
response.
(5) Not later than three (3) working days after the Town Secretary receives a sworn
complaint, the Town Secretary shall acknowledge the receipt of the complaint to the
complainant, and provide a copy of the complaint to the Town Attorney, the independent
counsel, the Commission and the person complained against. Not later than ten (10)
working days after receipt of a complaint, the Commission shall notify in writing the
person who made the complaint and the person complained against of a date for a
preliminary hearing. If the Commission does not hold a preliminary hearing within twenty
(20) working days of receipt of the complaint, it shall notify the person who made the
complaint of the reasons for the delay and shall subsequently give him the appropriate
notification.
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(6) The Commission may consider possible violations of this article on its own initiative.
Within seven (7) days of the Commission’s decision to consider a possible violation of
this article, the Commission shall draft a written complaint specifying the provision(s) of
this article alleged to have been violated and shall file a copy with the Town Secretary,
and provide a copy to the Town Attorney, the independent counsel, and the person
complained against. Not later than fifteen (15) days after the drafting of the complaint,
the Commission shall notify in writing the person complained against of the date for the
preliminary hearing.
(7) After a complaint has been filed and during the pendency of a complaint before the
Commission, a member of the Commission may not communicate directly or indirectly
with any party or person about any issue of fact or law regarding the complaint, except at
a meeting of the Commission; provided that a member may consult with the attorney or
the staff liaison for the Commission as to process, procedure and legal issues.
(8) No Town official, appointee, or employee shall reveal information relating to the filing
or processing of a complaint, except as required for the performance of official duties or
as required by law. Ex parte communications by or to members of the Commission are
prohibited. All papers and communications relating to a complaint must be treated as
confidential unless required to be made public under the Public Information Act of the
Texas Government Code or other applicable law.
(9) As soon as reasonably possible, but in no event more than sixty (60) days after
receiving a complaint, the Commission shall conduct a preliminary hearing.
(a) The issue at a preliminary hearing shall be the existence of reasonable
grounds to believe that a violation of this article has occurred. The person filing a
complaint, or the independent counsel in cases considered upon the
Commission’s own initiative, shall state the alleged violation and shall describe in
narrative form the testimony and other evidence which would be presented to
prove the alleged violation as stated in the written complaint. Statements at a
preliminary hearing shall be under oath, but there shall be no cross examination
or requests for persons or evidence issued for the hearing. Members of the
Commission may question the complainant, the independent counsel for the
Commission, or the Town official, appointee or employee named in the
complaint.
(b) The Town official, appointee or employee named in the complaint shall have
the opportunity to respond, but is not required to attend or make any statement.
The Town official, appointee or employee may describe in narrative form the
testimony and other evidence which would be presented to disprove the alleged
violation. If the Town official, appointee or employee agrees that a violation has
occurred, he may so state and the Commission may consider the appropriate
sanction.
(c) The complainant and the Town official, appointee or employee named in the
complaint shall have the right of representation by counsel.
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(d) At the conclusion of the preliminary hearing, the Commission shall decide
whether a final hearing should be held; provided the Commission may proceed to
determine the appropriate sanction if the charged Town official, appointee, or
employee does not object and admits the charged violation, and the Commission
determines that there are no fact issues to be resolved. If the Commission
determines that there are reasonable grounds to believe that a violation of this
article has occurred, it shall schedule a final hearing. If the Commission does not
determine that there are reasonable grounds to believe that a violation of this
article has occurred, the complaint shall be automatically dismissed. A decision
to conduct a final hearing is not a finding that a violation has occurred.
(e) The Commission, at any time during the preliminary hearing, may also
dismiss a complaint if the complaint does not allege conduct which would be a
violation of this article. Before a complaint is dismissed for failure to allege a
violation, the complainant shall be permitted one opportunity, within ten (10) days
of such preliminary hearing, to revise and resubmit the complaint.
(f) The complainant, the independent counsel, and the Town official, appointee or
employee named in the complaint may ask the Commission at a preliminary
hearing to request certain persons and evidence for a final hearing, if one is
scheduled.
(10) Final Hearing
(a) The final hearing shall be held as expeditiously as possible following the
determination by the Commission that there are reasonable grounds to believe
that a violation of this article has occurred, but in no event shall it be held more
than thirty (30) days after said determination. The Commission may grant two (2)
postponements, not to exceed fifteen (15) days each, upon the request of the
Town official, appointee or employee named in the complaint.
(b) The issue at a final hearing shall be whether a violation of this article has
occurred. The Commission shall make its determination based on clear and
convincing evidence in the record. All witnesses shall make their statements
under oath. If the Commission determines that a violation has occurred, it shall
state its findings in writing, shall identify the particular provision(s) of this article
which have been violated, and within five (5) working days shall deliver a copy of
the findings to the complainant, if any, the person named in the complaint and
the Town Secretary.
(c) If a complaint proceeds to a final hearing, the Commission may request and
subpoena witnesses to attend and testify, administer oaths and affirmations, take
evidence and request the production of books, papers, records, or other
evidence needed for the performance of the Commission's duties or exercise of
its powers, including its duties and powers of investigation. It shall be a violation
of this article for a person to fail to appear and testify before the Commission in
response to a request made in writing ten days or more prior to the scheduled
time and date of the notice or request to appear.
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(11) Sanctions
(a) If the Commission determines that a violation of this article has occurred, it
shall proceed directly to determination of the appropriate sanction(s). A violation
of this article shall not be subject to criminal penalties under the Town Code,
except for the two instances specifically provided for in this article Section 8
(10)(c) and Section 11. The Commission may receive additional testimony or
statements before considering sanctions, but is not required to do so. If the Town
official, appointee or employee named in the complaint acted in reliance upon a
written opinion of the Town Attorney, the Commission shall consider that fact.
(b) If the Commission determines that a violation of this article has occurred, it
shall take the following actions:
(1) If the complaint involved a current employee under the jurisdiction of
the Town Manager, the matter will be referred to the Town Manager.
(2) If the complaint involved the Town Manager, Town Attorney, Town
Secretary, or a Judge of the Municipal Court, the matter will be referred to
the Town Council.
(3) If the complaint involved a Town Council member, a board or
commission member, an appointee, a former Town official, or a former
Town employee, the matter will be referred to the Town Council.
(c) When referring a matter under Subsection (b), the Commission may impose
or recommend the following sanctions:
(1) Letter of notification. A letter of notification may be recommended
when the commission finds that a violation of this article was clearly
unintentional or when the action or conduct found to have been a violation
of this article was performed by the Town official, appointee, or employee
in reliance on a public written opinion of the Town Attorney. A letter of
notification must advise the Town official, appointee, or employee to
whom the letter is directed of any steps to be taken to avoid future
violations.
(2) Letter of admonition. A letter of admonition may be recommended
when the commission finds that the violation of this article was minor
and/or may have been unintentional, but where the circumstances call for
a more substantial response than a letter of notification.
(3) Reprimand. A reprimand may be recommended when the commission
finds that a violation of this article was committed intentionally or through
disregard of this article. A reprimand directed to an employee shall be
included in said employee’s personnel file. The Town Manager may also
elect to discipline the employee in accordance with Town personnel rules
and procedures. A letter of reprimand directed to an elected Town official
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shall also be transmitted to the Town Secretary and published in the
official newspaper of the Town.
(4) Removal or suspension from employment. A recommendation of
removal from employment or a recommendation of suspension from
employment, as well as a recommendation for length of suspension, shall
be the appropriate sanction when the Commission finds that a serious or
repeated violation(s) of this article has been committed intentionally or
through culpable disregard of this article by Town employees. The final
authority to carry out such recommendations to suspend from
employment and the length of suspension shall be with the Town
Manager. The Town Manager may also elect to discipline the employee
in accordance with Town personnel rules and procedures.
(5) Censure, recall or removal from office or appointment. A letter of
censure, a recommendation of recall, or a recommendation to institute
proceedings for removal from office or appointment, shall be the
appropriate sanction when the Commission finds that a serious or
repeated violation(s) of this article has been committed intentionally or
through culpable disregard of this article by an elected Town official. A
letter of censure, a recommendation of recall, or a recommendation to
institute proceedings for removal from office, directed to an elected Town
official shall also be transmitted to the Town Secretary and published in
the official newspaper of the Town. The Town Council and citizens of the
Town may take actions in accordance with the Town Charter. Any
proceedings for removal from office shall be in compliance with provisions
of the Town Charter and State law.
(12) Dismissal. If the complaint is dismissed because the evidence failed to establish a
violation of this article, the Commission shall not entertain any other similar complaint
based on substantially the same evidence.
SECTION 9.
PETITION FOR DECLARATORY RULING.
Any Town official or employee against whom public allegations of ethics violations have
been made in the media or elsewhere has the right to file a sworn statement with the
Town Secretary affirming their innocence, and to request the Commission to review the
allegations and make known its findings.
SECTION 10.
CULPABLE MENTAL STATE.
To commit a violation under any provision of this article, a person must have acted or
failed to act knowingly or with knowledge.
SECTION 11.
FALSE COMPLAINTS
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In the event a complaint is received by the Commission that is subsequently found to be
baseless, and the Commission deems that the complaint was filed with the intent to:
(a) harass the person named in the complaint; or
(b) damage any person's reputation; or
(c) benefit the person filing the complaint, or a third party, either personally,
professionally or politically; or
(d) damage a related third party;
the Commission may recommend the Town Attorney cause a complaint to be filed
against such person in the municipal court or, as appropriate, a higher court of this state;
the Town Council or Town Manager, as appropriate, may take disciplinary action(s)
against the individual who filed the complaint, including but not limited to disciplinary
action if such complainant is a Town employee or appointed officer or official of the
Town; and/or the filing of a civil action to recover the costs, fees, charges and expenses
incurred by the Town and person named in the complaint with respect to such complaint.
The Commission may also recommend other action(s) that should be taken.
SECTION 12.
PENALTIES
(1) Any person who shall violate Section 8 (10) (c) or Section 11 of this article shall be
deemed guilty of an offense and shall be liable for a fine not to exceed the sum of
$500.00. Each day the violation exists shall constitute a separate offense. Such penalty
shall be in addition to all the other remedies provided herein.
(2) Any person who knowingly files a false sworn statement under this article is subject
to criminal prosecution for perjury under the laws of the State of Texas.
SECTION 13.
CODE OF ORDINANCES.
The Code of Ordinances of the Town is hereby amended to include the terms
and provisions of this Ordinance. All ordinances, parts of ordinances and the Code of
Ordinances in conflict herewith are hereby amended to the extent of such conflict only.
If a provision of this Ordinance and any other ordinance shall conflict, the terms of this
Ordinance shall govern and control and the other ordinance or Code provision shall be
read and construed in a manner consistent with the intent and provisions of this
Ordinance.
SECTION 14.
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.
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SECTION 15.
EFFECTIVE DATE.
This Ordinance shall take effect immediately from and after its passage and
publication in accordance with the provisions of the Texas Local Government Code, and
it is accordingly so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this XXX day of XXXXXX, 2010.
Mayor, Connie White
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Town Council 42 of 235 Meeting Date: December 6, 2010
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2010-XX
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE TOWN OF TROPHY
CLUB BY ADDING ARTICLE XVI ENTITLED “ETHICS” TO CHAPTER 1
ENTITLED “ADMINISTRATION” OF THE CODE OF ORDINANCES;
PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING
FOR AN AMENDMENT ADOPTING APPLICABLE CONFLICT OF
INTEREST PROVISIONS IN TEXAS STATE LAW; ESTABLISHING AN
ETHICS COMMISSION AND A COMPLAINT PROCESS; PROVIDING A
CUMULATIVE REPEALER CLAUSE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas is a home rule city acting under its
charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, statutory provisions governing the ethical conduct of public officials
and employees are found in various codes including the Texas Local Government
Code, Texas Government Code and the Texas Penal Code; and
WHEREAS, the conduct of the public business should be accomplished by Town
officials that have no personal financial interest in such business clearly separate from
that of the general public;
WHEREAS, Section 11.14 of the Town Charter requires the adoption of a code
of ethics via ordinance that is applicable to elected officers, appointed board,
commission, and committee members, and employees of the Town; and
WHEREAS, Section 11.14 of the Town Charter also requires the establishment
by ordinance of an independent Ethics Commission to administer and enforce the Code
of Ethics and Conduct ordinance and mandates certain requirements for service on the
Ethics Commission; and
WHEREAS, a reasonable ethics ordinance will provide a basis for continuing
public confidence in the conduct of the business and affairs of the Town; and
WHEREAS, based upon the Town’s history and experience, Council has
determined that a reasonable ethics ordinance is one that is consistent with the legal
requirements set forth by the Texas legislature for municipalities with the same or
similar population number as the Town of Trophy Club and that applies equally to public
officials, appointees, and employees.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
Section 1.
Incorporation Of Premises
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
Section 2.
Amendment – Adoption Of Article XVI Of Chapter 1
2.01 Article XVI entitled “Ethics” of Chapter 1, entitled “Administration” of the Code of
Ordinances of the Town of Trophy Club is hereby adopted and shall read in its entirety
as follows:
Town Council 43 of 235 Meeting Date: December 6, 2010
“SECTION 16.01. POLICY – APPLICABILITY.
It is the policy of the Town that the proper operation of democratic
government requires that Town officials be independent, impartial and
responsible to the people; that governmental decisions and policy be made in
proper channels of the governmental structure; that no officer or member of
any advisory board, commission or committee should have any interest,
financial or otherwise, direct or indirect, or engage in any business, transaction
or professional activity or incur any obligation of any nature which is in conflict
with the proper discharge of his or her duties in the public interest; that the
public have confidence in the integrity of its government.
The provisions of this Article shall not apply to political contributions,
loans, expenditures, reports or regulation of political campaigns, or the
conduct of candidates in such campaigns, except as expressly required by
state law.
SECTION 16.02. DEFINITIONS.
The following words, terms and phrases, when used in this Ordinance,
shall have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning.
A. Employee. All persons employed by the Town of Trophy Club, including
full time, part time, seasonal and temporary employees.
B. Town Official or Officer. The Mayor, each member of the Town Council,
the Town Manager, Town Secretary, the Town Attorney and each member of a
Town Board, Commission, Committee, or Advisory Group appointed by the
Council.
SECTION 16.03. CONFLICT OF INTEREST AND ETHICS
Town Officials and Employees shall abide by the conflict of interest and
ethics provisions of the laws of the State of Texas regulating home rule
municipalities that are of same or similar population number as the Town of
Trophy Club.
SECTION 16.04. ETHICS COMMISSION ESTABLISHED.
A. Commission Established. There is hereby established an Ethics
Commission to administer and enforce the Code of Ethics and Conduct
Ordinance codified in this Article. Commission members shall be registered
voters who are residents of the Town of Trophy Club. No member of the
Commission may hold elective or appointed office under the Town or any other
government or hold any political party office. Commission members shall be
appointed by majority vote of the Town Council, and serve at the pleasure of
the Council, and may be removed by a majority vote of the Town Council.
B. Number and Term of Office. The Commission shall consist of ___
(___) members and ___ (___) alternates who shall serve a one (1) year term
each and ___ members and ___ (___) alternates who shall serve two (2) year
terms each.
SECTION 16.05. COMPLAINT PROCESS.
A. Original Complaints. The Commission shall have the authority to hear
written complaints alleging violations of any and all state conflict of interest and
ethics laws as identified in Section 16.03 of this Article.
B. Charges. In order to be considered, a complaint shall be submitted to the
Town Secretary in writing and shall be sworn to by the person filing the
Ordinance 2010-XX
(File ID 2010-571)
2
Town Council 44 of 235 Meeting Date: December 6, 2010
complaint. A sworn complaint shall be based on the personal knowledge of
the affiant alleging a violation(s) of this Article and shall specify the provision(s)
of state law applicable under Section 16.03 alleged to have been violated, and
shall name the Town Official or Employee being charged.
C. Complaints Timely. A complaint alleging a violation of this Article must be
filed with the Town Secretary within six (6) months from the date of the act
alleged as a violation in order to be considered by the Commission.
Complaints not filed within such six (6) month period shall not be considered.
D. Due Process. The Ethics Commission shall comply with all requirements
of the Texas Open Meetings Act, including without limitation, posting and
notice requirements. A person against whom a complaint is filed shall be
afforded due process, including hearing and at least fourteen (14) days prior
written notice of any proceeding conducted by the Ethics Commission. The
person who is the subject of a complaint shall be notified in writing within five
(5) business days of the filing of a complaint with the Town Secretary.”
Section 3.
Cumulative Repealer
The Code of Ordinances of the Town is hereby amended to include the terms
and provisions of this Ordinance by adding Article XVI entitled “Ethics” to the existing
Chapter 1, entitled “Administration” of the Code of Ordinances of the Town of Trophy
Club. This Ordinance shall be cumulative of all other Ordinances of the Town affecting
ethics and conflict of interest and shall not repeal any of the provisions of such
Ordinances except in those instances where provisions of those Ordinances are in
direct conflict with the provisions of this Ordinance; whether such Ordinances are
codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy
Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall
remain in full force and effect. 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.
Engrossment and Enrollment
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance by copying the exact Caption and Effective Date clause in the
minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in
the Ordinance records of the Town and by amending the Code of Ordinances to reflect
the changes adopted herein by Council.
Ordinance 2010-XX
(File ID 2010-571)
3
Town Council 45 of 235 Meeting Date: December 6, 2010
Ordinance 2010-XX
(File ID 2010-571)
4
Section 6.
Effective Date
This Ordinance shall take effect immediately from and after its passage and publication
in accordance with the provisions of the Texas Local Government Code, and it is
accordingly so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this 18th day of October 2010.
_______________________________
Mayor Connie White
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Shannon DePrater, Interim Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_________________________________________
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
Town Council 46 of 235 Meeting Date: December 6, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-640-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/1/2010 Town Council
On agenda:Final action:12/6/2010
Title:Discussion of other agenda items posted for consideration on the Regular Session Council Agenda
for December 6, 2010.
Attachments:
Action ByDate Action ResultVer.
Town Council 47 of 235 Meeting Date: December 6, 2010
File #: 2010-640-T, Version: 1
Title
Discussion of other agenda items posted for consideration on the Regular Session Council Agenda for December 6,
2010.
Town Council 48 of 235 Meeting Date: December 6, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-626-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/30/2010 Town Council
On agenda:Final action:12/6/2010
Title:Informational presentation regarding the PID and status of Taussig disbursement review provided by
Richard Spence; discussion of same.
Attachments:PID City Presentation DTA 2010 MASTER.pdf
Action ByDate Action ResultVer.
Town Council 49 of 235 Meeting Date: December 6, 2010
File #: 2010-626-T, Version: 1
Title
Informational presentation regarding the PID and status of Taussig disbursement review provided by Richard Spence;
discussion of same.
Background
The Town's PID Administrator, David Taussig & Associates is currently working on the review of PID transactions. The
review is not complete, but Mr. Spence will provide a status update. Julie Partain, Bond Counsel from Vinson and Elkins
will also be in attendance to respond to questions.
Goals
Goal #5: A community in which the infrastructure supports its residents
Develop a realistic Capital Improvement Plan
Build a premier parks system
Attracts visitors to park destinations
Provide necessary resources to maintain all improvements, new and existing
Goal #6: A vibrant, inclusive community with involved, caring residents
Provide superior customer services
Foster a well informed community
Promote and support active lifestyle
Develop expanded community involvement opportunities
Expand recreational opportunities for all ages
Town Council 50 of 235 Meeting Date: December 6, 2010
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u
n
c
i
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52
of
23
5
Meeting Date: December 6, 2010
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53
of
23
5
Meeting Date: December 6, 2010
•
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w
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c
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l
54
of
23
5
Meeting Date: December 6, 2010
•
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c
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55
of
23
5
Meeting Date: December 6, 2010
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Co
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n
c
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56
of
23
5
Meeting Date: December 6, 2010
•
Ap
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w
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Co
u
n
c
i
l
57
of
23
5
Meeting Date: December 6, 2010
•
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58
of
23
5
Meeting Date: December 6, 2010
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k
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w
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Co
u
n
c
i
l
59
of
23
5
Meeting Date: December 6, 2010
Be
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f
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f
P
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F
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•
No
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•
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•
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•
Cr
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f
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•
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r
a
t
i
n
g
s
To
w
n
Co
u
n
c
i
l
60
of
23
5
Meeting Date: December 6, 2010
De
v
e
l
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p
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B
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f
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s
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f
P
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F
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•
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m
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To
w
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Co
u
n
c
i
l
61
of
23
5
Meeting Date: December 6, 2010
De
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e
l
o
p
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C
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s
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r
a
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s
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–
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a
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c
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d
–
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s
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PI
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–
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•
PI
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–
Bo
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–
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–
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d
p
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c
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d
s
d
i
s
b
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c
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m
p
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t
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d
To
w
n
Co
u
n
c
i
l
62
of
23
5
Meeting Date: December 6, 2010
De
v
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l
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p
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C
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n
s
i
d
e
r
a
t
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r
m
a
t
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P
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d
c
o
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–
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s
,
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s
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a
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c
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d
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d
f
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d
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To
w
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Co
u
n
c
i
l
63
of
23
5
Meeting Date: December 6, 2010
PI
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Meeting Date: December 6, 2010
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Meeting Date: December 6, 2010
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Meeting Date: December 6, 2010
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Meeting Date: December 6, 2010
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Meeting Date: December 6, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-551-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:10/6/2010 Town Council
On agenda:Final action:10/18/2010
Title:Consider and take appropriate action regarding the Minutes dated October 4, 2010.
Attachments:October 4 2010 Meeting Minutes.pdf
Action ByDate Action ResultVer.
Town Council 69 of 235 Meeting Date: December 6, 2010
File #: 2010-551-T, Version: 1
Title
Consider and take appropriate action regarding the Minutes dated October 4, 2010.
Town Council 70 of 235 Meeting Date: December 6, 2010
MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, October 4, 2010 at 7:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, October 4,
2010. The meeting was held within the boundaries of the Town and was open to the public.
STATE OF TEXAS §
COUNTY OF DENTON §
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Bill Rose Mayor Pro Tem
Margi Cantrell Council Member
Larry Hoover Council Member
JD Stotts Council Member
TOWN COUNCIL MEMBERS ABSENT:
Glenn Strother Council Member
STAFF AND GUEST(S) PRESENT:
Lisa Hennek Town Secretary
Shannon DePrater Deputy Town Secretary
Patricia Adams Town Attorney
Kathy DuBose Finance Director
Scott Kniffen Police Chief
Danny Thomas Fire Chief
Adam Adams Parks Director
Carolyn Huggins Community Development Director
Mayor White announced the date of October 4, 2010; called the meeting to order and announced a
quorum at 7:00 p.m.
Mayor White announced the absence of Council member Strother.
The Invocation was offered by Council member Stotts.
The Pledges were led by Fire Chief Danny Thomas.
Mayor White announced the leaving of Town Secretary Lisa Hennek and thanked her for her dedication
and service to the Town.
1. 2010-537-T Photo and a Proclamation presentation of the Patriot Flag presentation held on
Friday, September 24, 2010; discuss and take any appropriate action regarding same.
Bob Radder, 1 Lee Court, addressed the Council and read a proclamation from Texas State
Representative Tan Parker and presented an event overview PowerPoint Presentation. (Presentation
attached.)
Greg Lamont, 15 Avalon Drive addressed the Council and commended Mr. Bob Radder, Staff and the
Elected Officials for their Patriot Flag participation.
October 4, 2010 Regular Session Minutes 1
Town Council 71 of 235 Meeting Date: December 6, 2010
No action taken.
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.
No citizen presentations were made.
The Public Hearing opened at 7:18 p.m.
PUBLIC HEARING
2. 2010-493-T Public Hearing to consider a request for approval of an amendment to Planned
Development No. 13, "Village", Ordinance No. 95-20, Exhibit "C" Development Standards to
allow Outdoor Display of propane and ice, for sale inside the store, and a request to
permanently remain open 24-hours. Applicant: The Dimension Group on behalf of 7-Eleven,
Inc. (PD-AMD-09-032)
No speakers addressed the Council.
The Public Hearing closed at 7:20 p.m.
REGULAR SESSION
3. 2010-494-T Consider and take appropriate action regarding an Ordinance amending PD
Planned Development No. 13 by amending Exhibit "C" Development Standards to allow
Outdoor Display of propane and ice, for sale inside the store, and a request to permanently
remain open 24-hours. Applicant: The Dimension Group on behalf of 7-Eleven, Inc. (PD-AMD-
09-032)
Staff recommended approval of an amendment to Planned Development No. 13 to allow the 7-Eleven
store to remain open 24 hours and to allow an outdoor display of propane and ice for sale inside the store
with a stipulation limiting the number and size of the propane and ice cabinets allowed on the sidewalk to
one each.
The Planning and Zoning Commission considered the item at a public hearing held on September 16,
2010. There were no requests to speak at the public hearing. Commissioner Sheridan made a motion
recommending approval to the Town Council of 7-Eleven’s request for outdoor display of propane and
ice, and for permanent 24-hour operation. The motion was seconded by Vice Chairman Stephens. Motion
passed unanimously.
Motion made by Mayor Pro Tem Rose, seconded by Council member Stotts, to approve an Ordinance
2010-28 amending Planned Development No. 13 by amending Exhibit "C" Development Standards to
allow Outdoor Display of propane and ice, for sale inside the store, and a request to permanently remain
open 24-hours.
Motion passed unanimously without any discussion.
October 4, 2010 Regular Session Minutes 2
Town Council 72 of 235 Meeting Date: December 6, 2010
4. 2010-536-T Consider and take appropriate action regarding an Interlocal Agreement between
the Town of Trophy Club and Denton County pursuant to the Texas Transportation Code for
the purpose of receiving "Scofflaw" services to prevent those persons with outstanding fines
and warrants for violations of traffic laws pending in the Town's Municipal Court from
registering their motor vehicles until such fines or warrants are resolved.
The Scofflaw Program will aid in the collection of outstanding Municipal Court fines by requiring a person
with an outstanding fine for a traffic violation to pay that fine as a prerequisite to receiving a registration
for his/her vehicle. The Council previously approved the Town's participation in the Scofflaw Program; the
execution of the proposed interlocal agreement with Denton County was the next step necessary to
implement the program. The Town's participation fee was based upon population and will be $400.00.
The Town Council approved a Resolution at the June 21, 2010 Council meeting authorizing the Trophy
Club Municipal Court to participate in the Texas Department of Transportation’s Scofflaw Program. The
program provides that the Texas Department of Transportation or a county tax assessor-collector may
refuse to register a motor vehicle when the owner of the vehicle has an outstanding warrant from a
participating municipality.
Motion made by Council member Stotts, seconded by Council member Cantrell, to approve an Interlocal
Agreement between the Town of Trophy Club and Denton County pursuant to the Texas Transportation
Code for the purpose of receiving "Scofflaw" services to prevent those persons with outstanding fines and
warrants for violations of traffic laws pending in the Town's Municipal Court from registering their motor
vehicles until such fines or warrants are resolved.
Motion passed unanimously without further discussion.
5. 2010-540-T Consider and take appropriate authorizing the execution of the Atmos Cities
Steering Committee participation agreement; authorizing payment of a participation fee; and
providing an effective date.
The Resolution and Participation Agreement designates the ATMOS Cities Steering Committee (ACSC)
to serve as the Town's representative in gas rate cases. ACSC is the local group most commonly used by
other metroplex cities. The Town had used ATM, which is a group primarily representing cities in the
south Texas region. The ACSC was the group previously utilized by the Town. The cost to the Town is
per capita based upon the population listed in the TML Directory of City Officials and is $161.38.
Motion made by Council member Stotts, seconded by Mayor Pro Tem Rose, to accept and approve
Resolution 2010-24 authorizing the execution of the ATMOS Cities Steering Committee participation
agreement; authorizing payment of a participation fee; and providing an effective date.
Motion passed unanimously without further discussion.
6. 2010-543-T Acting Town Manager Seidel's update regarding the following; discussion of the
same.
1. Roundabout - Community Development Director Carolyn Huggins updated Council on the three
options provided to the Town in regards to the Roundabout at Trophy Club Drive and Trophy Lake
Drive. Next, the Town Engineer will provide estimates for three different scenarios.
2. Fall Festival - Parks and Recreation Director Adam Adams updated the Council on the Fall
Festival scheduled activities. The Town will work with Lakeview Elementary to put on the event.
Police Chief Kniffen reminded Council that National Night Out is Tuesday, October 5, 2010.
Update only, no action taken.
October 4, 2010 Regular Session Minutes 3
Town Council 73 of 235 Meeting Date: December 6, 2010
7. 2010-539-T Mayor and Council Updates regarding training opportunities, educational sessions,
and regional meetings; discussion of same.
The Mayor discussed the meetings she attended in the past week, consisting of:
Hwy 114/170 Meeting – Meeting discussion centered around the interchange and aesthetics
Hwy 170 Stakeholders Meeting
Ribbon Cutting of the Trophy Club Country Club Patio – The Mayor took the opportunity to
thank the Club for involving the Town.
Chamber Grand Opening and Ribbon Cutting
TML Quarterly Dinner/Meeting
Mayor’s Roundtable – Discussion of sharing and providing municipal services
Empowering Seniors – Program to help residents who live alone and need assistance, training
will be provided to those interested in participating in the project.
Update only, no action taken.
8. 2010-538-T Items for Future Agendas
Council member Cantrell asked for a November and December meeting schedule and what workshops
need to be addressed regarding meeting Council’s Goals and Objectives.
Mayor White would like to add to the Item requested by Council member Cantrell to discuss Pre-Council
workshops and potentially changing Council meeting dates from Monday to another day of the week.
Mayor Pro Tem Rose shared that the Proposed Citizen Financial Advisory Committee worked with Acting
Town Manager Seidel and Finance Director Kathy Dubose on the Draft Ordinance for a Citizens Financial
Advisory Board. Rose will merge Staff’s changes with his draft and provide the draft to Council for their
review to bring back at a later Council meeting.
Council member Stotts asked for a Parks & Recreation presentation on Trophy Club Park’s 10-year plan
from Dr. Walker and a Staff proposal regarding the amenity lakes, including associated costs to accept
the amenity lakes from the developer.
Update only, no action taken.
Council convened into Executive Session at 8:00 p.m.
Subsequent thereto, Town Secretary Hennek and Interim Town Secretary DePrater were asked to leave
the Executive Session Chambers.
EXECUTIVE SESSION
9. 2010-541-T Council to convene into executive session pursuant to Texas Government Code,
Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a
public officer or employee:
(1) Discussion regarding the hiring of the Town Manager
Council reconvened into Regular Session at 8:43 p.m.
October 4, 2010 Regular Session Minutes 4
Town Council 74 of 235 Meeting Date: December 6, 2010
October 4, 2010 Regular Session Minutes 5
RECONVENE INTO REGULAR SESSION
10. 2010-542-T Consider and take appropriate action regarding the Executive Session.
No Action Taken.
ADJOURN
Motion made by Council member Hoover; seconded by Council member Cantrell to adjourn. Meeting
adjourned at 8:45 p.m.
__________________________________ ________________________________
Shannon DePrater, Interim Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council 75 of 235 Meeting Date: December 6, 2010
To
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Meeting Date: December 6, 2010
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Meeting Date: December 6, 2010
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Meeting Date: December 6, 2010
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Meeting Date: December 6, 2010
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Meeting Date: December 6, 2010
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Meeting Date: December 6, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-588-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:10/26/2010 Town Council
On agenda:Final action:11/1/2010
Title:Consider and take appropriate action regarding the Minutes dated October 18, 2010.
Attachments:October 18 2010 Meeting Minutes.pdf
Action ByDate Action ResultVer.
Town Council 99 of 235 Meeting Date: December 6, 2010
File #: 2010-588-T, Version: 1
Title
Consider and take appropriate action regarding the Minutes dated October 18, 2010.
Town Council 100 of 235 Meeting Date: December 6, 2010
MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, October 18, 2010 at 7:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, October 18,
2010. The meeting was held within the boundaries of the Town and was open to the public.
STATE OF TEXAS §
COUNTY OF DENTON §
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Bill Rose Mayor Pro Tem
Margi Cantrell Council Member
JD Stotts Council Member arrived at 7:40 p.m.
Glenn Strother Council Member
TOWN COUNCIL MEMBERS ABSENT:
Larry Hoover Council Member
STAFF AND GUEST(S) PRESENT:
Scott Kniffen Police Chief
Shannon DePrater Interim Town Secretary
Patricia Adams Town Attorney
Kathy DuBose Finance Director
Mayor White announced the date of October 18, 2010; called the meeting to order and announced a
quorum at 7:00 p.m.
Mayor White announced the absence of Council member Hoover and shared Council member Stotts will
arrive late.
The Invocation was offered by Police Chief Scott Kniffen.
The Pledges were led by Finance Director Kathy DuBose.
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.
Ginger Land, 215 Durango Drive, addressed the Council and thanked them for their support for the Fall
Festival scheduled for Saturday, October 23, 2010.
Mayor White moved to item 2.
2. 2010-554-T Present outgoing Town Board and Commission members with Certificates of
Appreciation; discussion of same.
October 18, 2010 Regular Session Minutes 1
Town Council 101 of 235 Meeting Date: December 6, 2010
The Council wished to recognize the following resident volunteers with Certificates of Appreciation for
their service on the Town Boards and Commissions.
Mayor White listed the outgoing members and presented a Certificate of Appreciation to Ms. Caryl Ann
Jacobs for her service to the Town.
Council member Cantrell also thanked the resident volunteers.
Resident volunteers not in attendance to receive their Certificate of Appreciation include:
Joseph Boclair, Economic Development Corporation 4A from 2008 until 2010
Melissa Boclair, Tree Board, from 2009 until 2010
Dan Bishop, Economic Development Corporation 4B from 2008 until 2010
Zachary Jeffrey, Economic Development Corporation 4B from 2008 until 2010
Mayor White returned to item 1.
1. 2010-550-T Consider and take appropriate action regarding a Proclamation recognizing Wanda
Franklin for her service to the Town of Trophy Club as the America Supporting Americans Liaison.
At the August 2, 2010 meeting, Council stated their desire to present a Proclamation to Wanda Franklin
for her volunteerism and leadership role as America Supporting Americans Liaison. Ms. Franklin has
served as the Liaison to America Supporting Americans since April 2009.
Motion made by Mayor Pro Tem Rose; seconded by Council member Cantrell to approve Proclamation
2010-10, recognizing Wanda Franklin for her service to the Town of Trophy Club as the America
Supporting Americans Liaison.
Mayor Pro Tem Rose read the Proclamation.
Mayor White presented the Proclamation to Ms. Wanda Franklin.
Ms. Franklin thanked the Council for the opportunity to serve.
Motion passed unanimously without any discussion.
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be
enacted by one motion. There will not be a separate discussion of these items. If discussion is desired,
that item will be removed from the consent agenda and will be considered separately.
Mayor White requested agenda item #3 be removed from the consent agenda.
Council member Cantrell made a motion to approve the September 9, 2010 Regular Session minutes and
the Interlocal Agreement between the Town of Trophy Club and Tarrant County Emergency Services as
presented; Mayor Pro Tem Rose seconded. Motion passed unanimously without any discussion.
3. 2010-534-T Consider and take appropriate action regarding the Minutes dated August 30, 2010.
Council member Cantrell made a motion to approve the August 30, 2010 Regular Session minutes as
amended; Mayor Pro Tem Rose seconded. Motion passed unanimously without any discussion.
4. 2010-513-T Consider and take appropriate action regarding the Minutes dated September 9,
2010.
October 18, 2010 Regular Session Minutes 2
Town Council 102 of 235 Meeting Date: December 6, 2010
5. 2010-569-T Consider and take appropriate action regarding an interlocal agreement between the
Town and Tarrant County Emergency Services District No. 1 to provide Emergency Medical
Services to a designated service area, and authorizing the Mayor or her designee to execute all
necessary documents.
REGULAR SESSION
6. 2010-532-T Consider and take appropriate action regarding a Resolution amending Resolution
No. 2009-04 authorizing Town Adoption of a Unit through the America Supporting Americans
Program by appointing a new ASA Liaison.
Council member Cantrell gave her recommendation to Council.
Motion made by Mayor Pro Tem Rose, seconded by Council member Strother, to approve a Resolution
amending Resolution No. 2009-04 authorizing Town Adoption of a Unit through the America Supporting
Americans Program by appointing Bob Fair as the new ASA Liaison.
Motion passed unanimously without any discussion.
7. 2010-552-T Consider and take appropriate action regarding an Ordinance adopting an
amendment to the Code of Ordinances by adding Article XIV, entitled "General Offenses" to
Chapter 10 entitled "Public Safety" of the Code in order to prohibit the use, sale, possession
and/or delivery of certain smoking products and materials, including K2, providing a penalty for a
violation; and providing an effective date.
Police Chief Kniffen stated in a memo that many cities, including Allen and Roanoke, as well as states
have banned the use, possession, or sale of substances generally known as “K2”. The product known as
"K2" and many other similar products contain certain chemicals that can be converted for smoking
purposes and when inhaled or ingested can have an intoxicating effect.
These products, sometimes sold in the form of incense but capable of being ingested in other ways,
mimic the intoxication of marijuana. The chemicals produce a “high” that is often longer lasting than
marijuana.
Motion made by Mayor Pro Tem Rose; seconded by Council member Cantrell to approve an Ordinance
adopting an amendment to the Code of Ordinances by adding Article XIV, entitled "General Offenses" to
Chapter 10 entitled "Public Safety" of the Code in order to prohibit the use, sale, possession and/or
delivery of certain smoking products and materials, including K2, providing a penalty for a violation; and
providing an effective date. Motion passed unanimously.
8. 2010-571-T Consider and take appropriate action regarding a Code of Conduct/Ethics Ordinance
and the establishment of an Ethics Commission.
At the September 20, 2010 Council meeting, Council voted to hold a workshop session to discuss the
proposed Ethics Ordinance and Ethics Commission. Staff recommends that a workshop be held prior to a
Council meeting in November or December to discuss.
Council first discussed how long of a workshop session is needed, then scheduled a one hour workshop
session to be held prior to the start of the November 15, 2010 meeting.
Mayor Pro Tem Rose gave an overview of the new documents received by Council.
Pearl Ford, 2 Spring Creek, addressed the Council.
October 18, 2010 Regular Session Minutes 3
Town Council 103 of 235 Meeting Date: December 6, 2010
Council member Cantrell volunteered to help Mayor Pro Tem Rose prepare the documents into a form
that will help Council get through as quickly as possible, but still as detailed as possible. Cantrell would
also like to provide the documents as early as possible for Council review.
Council member Stotts arrived at 7:40 p.m.
No action taken.
9. 2010-527-T Consider and take appropriate action regarding the creation of a Citizen’s Financial
Budget Board.
The Council discussed many aspects of the creation of the Citizen’s Financial Budget Board including the
differences between creating a Board or a Citizen Committee and which would be the best choice given
which each could and could not do. Discussion included how much authority the Board/Committee would
have, how much of Staff time would be required, and who would be able to task the Board/Committee.
Council member Strother was not in favor of the committee and would like to see long-range financial
planning instead to look at challenges and prepare for those challenges. He stated that the Town has a
good staff, Council needs to be engaged sooner in order to help plan for these challenges.
Mayor White relayed that Acting Town Manager Seidel asked that the Council wait until the new Town
Manager is onboard before taking action.
Mayor Pro Tem Rose is not looking for a group that Staff will have babysit. Rather, he is looking for a
group that can do the work and advise Council. A group that does legwork and only accomplishes tasks
directed by Council works two ways – protects Staff and protects Council.
Council member Strother agreed with Acting Town Manager Seidel’s recommendation to wait until a full
Council and the new Town Manager was present. The Town has a Finance Director that has a lot of
experience, very much a proponent of utilizing her network to obtain an answer and be able to produce.
If you do not have that connection with other cities, it will be difficult to achieve the correct answer.
Council member Cantrell felt that a Citizen Financial Advisory Board would aid in government
transparency, increase the confidence level, bring a different level to the table, and also helps educate
residents.
Greg Lamont, 15 Avalon Drive, addressed the Council.
Pearl Ford, 2 Spring Creek Court, addressed the Council.
Town Attorney Adams asked Council for clarification regarding posting agendas and structured minutes.
Mayor White pointed out if this becomes a Board that it will need to follow the Open Meetings Act.
Mayor White asked Town Attorney to review the proposed ordinance and bring back to Council. Council
member Cantrell mentioned that this will give Acting Town Manager Seidel a chance to comment and get
the process moving along.
No action taken, input only.
10. 2010-570-T Consider and take appropriate action regarding financial and variance report for
September 2010 (Preliminary).
Finance Director Kathy DuBose briefed the Council.
October 18, 2010 Regular Session Minutes 4
Town Council 104 of 235 Meeting Date: December 6, 2010
Motion made by Mayor Pro Tem Rose; seconded by Council member Cantrell to approve the financial
and variance report for September 201 (Preliminary) as presented.
Motion passed unanimously without further discussion.
11. 2010-553-T Consider and take appropriate action regarding the dates for the regularly
scheduled meetings for the remainder of 2010 and the potential scheduling of regular work
sessions.
Council member Stotts reminded the Council that he will not be in attendance at the November 15, 2010
meeting.
Council discussed many different scenarios for scheduling the remaining meetings scheduled and
needed for the remainder of the year. Consensus was to keep the scheduled meetings of November 1,
2010 November 15, 2010 and December 6, 2010. At the December 6, 2010 Meeting Council will decide
if another December meeting is needed.
12. 2010-579-T Finance Director DuBose's update regarding the following; discussion of the same.
1. Financial Software Implementation
2. Economic Dashboard on Town's Website
Finance Director Kathy DuBose briefed the Council on the progress of the financial software
implementation and that an Economic Dashboard has been posted on the Town’s website.
Update only, no action taken.
13. 2010-557-T Mayor and Council Updates regarding training opportunities, educational sessions,
and regional meetings; discussion of same.
The Mayor discussed the meetings she attended in the past week, consisting of:
Chamber Luncheon - Annual Mayor's State of the Community Address
National Night Out – Five neighbor block parties
North Texas Super Bowl XLV Host Committee Meeting – last meeting of the year; Mayor
asked if Council was interested in viewing any of the meeting minutes.
Byron Nelson High School Parade and Pep Rally –long parade; Council member Cantrell
suggested limiting parking to one side of street, to allow for emergency vehicle pass through
Report to the Community Luncheon – Hosted by United Way, Tarrant County
Northwest Communities Partnership Meeting – discussion of Alliance Airport and an extension
of a runway
Update only, no action taken.
14. 2010-558-T Items for Future Agendas.
This item allows Council to request the placement of items on upcoming agendas when the topic of
discussion requires research and review that cannot be accomplished in the time frame between regular
Council meetings. However, a Council Member may request that an item be placed on the next regularly
scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda
items must comply with Charter requirements.
Mayor Pro Tem Rose requested the word “Advisory” be added to Item #2, “Consider and take appropriate
action regarding the creation of a Citizen’s Financial Board,” changing it to read “Consider and take
appropriate action regarding the creation of a Citizen’s Financial Advisory Board.”
Mayor White stated that progress needs to be made on the list.
October 18, 2010 Regular Session Minutes 5
Town Council 105 of 235 Meeting Date: December 6, 2010
October 18, 2010 Regular Session Minutes 6
Mayor Pro Tem Rose would like an update from Acting Town Manager regarding Item #3.
Mayor White stated in regards to Item #5, she discussed with former Town Manager Emmons about the
possibility to provide access to the Town policies and procedures to Council, not necessarily placing
online; she will follow-up with Acting Town Manager Seidel.
Mayor Pro Tem Rose asked what action Planning & Zoning took on Item #6
Mayor White asked for the status of where we stand on the trail and if the Town has taken it over, why is
the Developer not taking care if it.
Mayor Pro Tem Rose suggested taking off Item #7 and keeping Item #13 and change the wording to
include the amenity lake and trail.
Council took a brief break and convened into Executive Session at 9:44 p.m.
EXECUTIVE SESSION
15. 2010-559-T Council to convene into executive session pursuant to Texas Government Code,
Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the appointment,
employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or
employee:
(1) Town Manager Employment Agreement with Mr. Mike Slye
Council reconvened into Regular Session at 10:02 p.m.
RECONVENE INTO REGULAR SESSION
16. 2010-555-T Consider and take appropriate action regarding the Employment Agreement to
engage the services of Mr. Mike Slye as Town Manager.
Motion made by Council member Strother, seconded by Mayor Pro Tem Rose to approve the
Employment Agreement as presented to Council to engage the services of Mr. Mike Slye as Town
Manager. Motion passed unanimously with out discussion.
ADJOURN
Motion made by Council member Cantrell, seconded by Council member Stotts to Adjourn.
Meeting adjourned at 10:03 p.m.
___________________________________ ________________________________
Shannon DePrater, Interim Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council 106 of 235 Meeting Date: December 6, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-611-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:11/8/2010 Town Council
On agenda:Final action:11/15/2010
Title:Consider and take appropriate action regarding the Minutes dated November 1, 2010.
Attachments:November 1, 2010 Meeting Minutes.pdf
Action ByDate Action ResultVer.
Town Council 107 of 235 Meeting Date: December 6, 2010
File #: 2010-611-T, Version: 1
Title
Consider and take appropriate action regarding the Minutes dated November 1, 2010.
Town Council 108 of 235 Meeting Date: December 6, 2010
MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, November 1, 2010 at 7:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, November 1,
2010. The meeting was held within the boundaries of the Town and was open to the public.
STATE OF TEXAS §
COUNTY OF DENTON §
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Larry Hoover Council Member
JD Stotts Council Member
Glenn Strother Council Member
TOWN COUNCIL MEMBERS ABSENT:
Bill Rose Mayor Pro Tem
Margi Cantrell Council Member
STAFF AND GUEST(S) PRESENT:
Stephen Seidel Acting Town Manager
Shannon DePrater Interim Town Secretary
Patricia Adams Town Attorney
Scott Kniffen Police Chief
Carolyn Huggins Community Development Director
Adam Adams Parks & Recreation Director
Tom Rutledge Town Engineer
Mayor White announced the date of November 1, 2010; called the meeting to order and announced a
quorum at 6:04 p.m.
Mayor White announced the absences of Mayor Pro Tem Rose and Council member Cantrell.
Council convened into Executive Session at 6:04 p.m.
EXECUTIVE SESSION
1. 2010-592-T Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071
(1) & (2) "Consultation with Attorney", the Council will enter into executive session to discuss
the following:
(A) Consultation with Town Attorney on a matter in which the duty of the Attorney to the
Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar
of Texas clearly conflict with the Open Meetings Act (551.071 (2)).
(1) Legal advice relative to Agenda items 7 and 8 and related matters.
Council reconvened into Regular Session at 7:05 p.m.
RECONVENE INTO REGULAR SESSION - ESTIMATED TIME 7:00 P.M.
The Invocation was offered by Parks & Recreation Director Adam Adams.
Town Council 109 of 235 Meeting Date: December 6, 2010
The Pledges were led by Mayor White.
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.
No citizen presentations were made.
Council convened into Public Hearing at 7:07 p.m.
PUBLIC HEARING
2. 2010-581-T Public Hearing to consider a request for approval of the Final Plat of Lot 1, Block 1,
Independence Park East Addition, being a replat of all of Lot 1, Block 1, Trophy Club
Recreation Center and a called 12.90 acre tract of land situated in the Joseph Henry Survey,
Abstract No. 529, Denton County, Texas and containing a total of 18.90 acres of land.
Applicant: Town of Trophy Club (FP-10-037)
Mr. Michael J. Fitzgerald, 2421 Lilyfield Drive addressed the Council and spoke against approval with
concerns related to lighting and height of proposed berm, with possible onlookers viewing his yard.
Mr. Jesus Monroy, 2423 Lilyfield Drive addressed the Council, had the same concerns as Mr. Fitzgerald.
3. 2010-573-T Public Hearing to consider a request for approval of a Site Plan of Independence
Park East, known as Lot 1, Block 1, Independence Park East Addition (18.900 acres) located in
the 500 Block of Parkview Drive. Applicant: Town of Trophy Club (SP-10-012).
No speakers addressed the Council.
4. 2010-574-T Public Hearing to consider a request for approval of a Site Plan for Freedom Park,
a 16.01 acre tract of land situated in the T. J. Allen Survey, Abstract No. 7, in the Town of
Trophy Club, Denton County, Texas. Applicant: Town of Trophy Club (SP-10-013).
No speakers addressed the Council.
Council reconvened into Regular Session at 7:35 p.m.
RECONVENE INTO REGULAR SESSION
5. 2010-591-T Consider and take appropriate action nominating candidates to the Denton County
Appraisal District Appraisal Review Board.
The Board of Directors of the Denton County Appraisal District (DCAD) had requested candidates for
possible appointment to the Appraisal Review Board.
Two citizens have expressed a desire to be nominated. Council may nominate more than one candidate.
November 1, 2010 Meeting Minutes 2
Town Council 110 of 235 Meeting Date: December 6, 2010
Mayor White explained that candidate Twomey was not qualified based on criteria item #3 of the Persons
Ineligible section.
Motion made by Council member Hoover, seconded by Council member Stotts, to nominate Joseph
Cristoforetti as a candidate for Denton Central Appraisal District for possible appointment to the Appraisal
Review Board.
Motion passed unanimously without any discussion.
6. 2010-439-T Consider and take appropriate action regarding a Subdivider's Agreement between
the Town and BDMR Development, LLC, for Water's Edge at Hogan's Glen located in Planned
Development No. 22 (PD-22); and authorizing the Mayor or her designee to execute all
necessary documents.
The final plat of Waters Edge at Hogan's Glen, Phase 2A was approved by Council on September 13,
2010. At that time, Staff asked Council to allow the Subdivider’s Agreement to be postponed as the
construction estimates were still under review. The construction estimates have been reviewed and
approved and Staff asks for approval of the Subdivider’s agreement.
Motion made by Council member Stotts, seconded by Council member Strother, to approve a
Subdivider’s Agreement between the Town and BDMR Development, LLC, for Water’s Edge at Hogan’s
Glen located in Planned Development No. 22.
Motion passed unanimously without further discussion.
7. 2010-576-T Consider and take appropriate action regarding a Final Plat for Neighborhood 1,
Phase 2A (16.678 acres) located in The Highlands at Trophy Club, northwest of the
intersection of Trophy Club Drive and Bobcat Blvd. Applicant: Jacobs on behalf of High
Trophy Development, L.P. (FP-10-033)
A. Subdivider's Agreement. Consider and take appropriate action regarding approval of a
Subdivider's Agreement for Neighborhood 1, Phase 2A of The Highlands at Trophy Club,
between the Town and High Trophy Development, LP
The property is currently vacant. A preliminary plat was approved for The Highlands at Trophy Club
Neighborhood 1 on December 18, 2006. The zoning of PD-27 was approved by the Town Council on May
8, 2006, Ordinance No. 2006-11 P&Z, and amended and replaced in its entirety on April 2, 2007 by
Ordinance No. 2007-15 P&Z, which has had several amendments since that time.
The final plat document was reviewed in accordance with the approved subdivision regulations as well as
the approved development standards as set forth in Planned Development District No. 27. The final plat
is different than the approved preliminary plat with respect to the lot layout and street layout; however, the
lot count remains the same and this is not a significant change from what was approved.
The Planning and Zoning Commission considered this case on October 21, 2010 and it was unanimously
voted upon to recommend approval of the Final Plat of Neighborhood 1, Phase 2A with the stipulation
that engineering documents must have Town Engineer approval prior to placement of the plat on a
Council agenda.
Motion made by Council member Strother, seconded by Council member Hoover, to approve a Final Plat
for Neighborhood 1, Phase 2A (16.678 acres) located in The Highlands at Trophy Club, northwest of the
intersection of Trophy Club Drive and Bobcat Blvd. and the
Motion passed unanimously without further discussion.
November 1, 2010 Meeting Minutes 3
Town Council 111 of 235 Meeting Date: December 6, 2010
Motion made by Council member Stotts, seconded by Hoover, to approve a Subdivider's Agreement for
Neighborhood 1, Phase 2A of The Highlands at Trophy Club, between the Town and High Trophy
Development, LP.
Motion passed unanimously without any discussion.
8. 2010-577-T Consider and take appropriate action regarding a Final Plat for Neighborhood 5,
Phase 2B (16.198 acres) located in The Highlands at Trophy Club. Applicant: Jacobs on behalf
of High Trophy Development, L.P. (FP-10-034)
A. Subdivider's Agreement. Consider and take appropriate action regarding approval of a
Subdivider's Agreement for Neighborhood 5, Phase 2B of The Highlands at Trophy Club,
between the Town and High Trophy Development, LP
The property is currently vacant. A preliminary plat was approved for The Highlands at Trophy Club
Neighborhood 5 on December 18, 2006. The zoning of PD-27 was approved by the Town Council on May
8, 2006, Ordinance No. 2006-11 P&Z, and amended and replaced in its entirety on April 2, 2007, by
Ordinance No. 2007-15 P&Z, and has had several amendments since that time.
The Planning and Zoning Commission considered this case on October 21, 2010 and it was unanimously
voted upon to recommend approval of the Final Plat of Neighborhood 5, Phase 2B with the stipulation
that engineering documents must have Town Engineer approval prior to placement of this plat on a
Council agenda.
The final plat document was reviewed in accordance with the approved subdivision regulations as well as
the approved development standards as set forth in Planned Development District No. 27. Staff
recommended approval.
Motion made by Council member Strother, seconded by Council member Stotts, to approve a Final Plat
for Neighborhood 5, Phase 2B (16.198 acres) located in The Highlands at Trophy Club, and approve the
Subdivider’s agreement.
Motion passed unanimously without further discussion.
Amended Motion made by Council member Strother, seconded by Council member Stotts, to approve a
Subdivider's Agreement for Neighborhood 5, Phase 2B of The Highlands at Trophy Club, between the
Town and High Trophy Development, LP as amended with corrected figures.
Motion passed unanimously without further discussion.
9. 2010-578-T Consider and take appropriate action regarding a request for approval of a Final
Plat for Neighborhood 6, Phase 3A (21.176 acres) located in The Highlands at Trophy Club.
Applicant: Jacobs on behalf of High Trophy Development, L.P. (FP-10-035)
A. Subdivider's Agreement. Consider and take appropriate action regarding approval of a
Subdivider's Agreement for Neighborhood 6, Phase 3A of The Highlands at Trophy Club,
between the Town and High Trophy Development, LP
The property is currently vacant. A preliminary plat was approved for The Highlands at Trophy Club
Neighborhood 6 on December 18, 2006. The zoning of PD-27 was approved by the Town Council on May
8, 2006, Ordinance No. 2006-11 P&Z, and amended and replaced in its entirety on April 2, 2007, by
Ordinance No. 2007-15 P&Z, and has had several amendments since that time.
The Planning and Zoning Commission considered this case on October 21, 2010 and it was unanimously
voted upon to recommend approval of the Final Plat of Neighborhood 6, Phase 3A with the stipulation
November 1, 2010 Meeting Minutes 4
Town Council 112 of 235 Meeting Date: December 6, 2010
that engineering documents must have Town Engineer approval prior to placement of this plat on a
Council agenda. Staff recommended approval.
Motion made by Council member Strother, seconded by Council member Hoover, to approve a Final Plat
for Neighborhood 6, Phase 3A (21.176 acres) located in The Highlands at Trophy Club including the
Subdivider's Agreement for Neighborhood 6, Phase 3A of The Highlands at Trophy Club, between the
Town and High Trophy Development, LP.
Motion passed unanimously without further discussion.
10. 2010-580-T Consider and take appropriate action regarding a request for approval of the Final
Plat of Lot 1, Block 1, Independence Park East Addition, being a replat of all of Lot 1, Block 1,
Trophy Club Recreation Center and a called 12.90 acre tract of land situated in the Joseph
Henry Survey, Abstract No. 529, Denton County, Texas and containing a total of 18.90 acres of
land. Applicant: Town of Trophy Club (FP-10-037)
Mayor White asked for clarification regarding the final plat and site plan. Community Development
Director Huggins clarified that Council has broad discretion regarding a site plan and has narrow
discretion with a final plat.
The purpose of this item is to create one continuous lot.
Motion made by Council member Strother, seconded by Council member Stotts, to approve a Final Plat
of Lot 1, Block 1, Independence Park East Addition, being a replat of all of Lot 1, Block 1, Trophy Club
Recreation Center and a called 12.90 acre tract of land situated in the Joseph Henry Survey, Abstract No.
529, Denton County, Texas and containing a total of 18.90 acres of land.
Motion passed unanimously without further discussion.
11. 2010-582-T Consider and take appropriate action regarding a request for approval of a Site
Plan of Independence Park East, known as Lot 1, Block 1, Independence Park East Addition
(18.900 acres) located in the 500 Block of Parkview Drive. Applicant: Town of Trophy Club (SP-
10-012).
The Town of Trophy Club is expanding the existing recreational area, where the Town’s Community Pool
is located by adding ball fields, concession stand, restrooms and a pavilion. Prior to issuance of a building
permit, the Town must approve a site plan in accordance with Section 5.09, “Site Plan Requirements” and
7.03, “Landscape Requirements”. This property is currently vacant and is zoned “CR” Commercial
Recreation.
The Planning and Zoning Commission considered this case on October 21, 2010 and it was unanimously
voted upon to recommend approval of the site plan and granting a waiver for: (1) Lighting at the property
line of Lot 6, Neighborhood 9, which will be mitigated by a berm and planting of large caliper trees; and
(2) the front landscape buffer along Parkview Drive may contain 3” caliper trees planted on 40-ft. centers
rather than 4” caliper trees planted on 30-ft. centers.
Staff recommended approval of the site plan and landscape plan, granting a waiver for:
1. Lighting at the property line behind the left field fence of Competition Field in southeast corner of the
park property, which will be mitigated through the use of a berm and planting of large caliper trees;
2. The front landscape buffer along Parkview Drive may contain 3” caliper trees planted on 40-ft.
centers.
Mayor White asked what the purpose of the tree waiver is for. Community Development Director Huggins
pointed out that Planning & Zoning would be proposing 6-inch caliber trees.
November 1, 2010 Meeting Minutes 5
Town Council 113 of 235 Meeting Date: December 6, 2010
Mayor White asked Parks & Recreation Director Adams to explain what types of trail systems are
included in the Site Plan.
Larry Lentzner, 303 Ridge View Lane, addressed the Council and recommended approving the site plan.
Timing was essential since there are many practices and games scheduled and the new fields are
desperately needed.
Michael Fitzgerald, 2421 Lilyfield Drive, addressed the Council explaining that he has worked diligently to
this point, and does not want to see his property value decreased.
Motion made by Council member Stotts, seconded by Council member Hoover, to approve a Site Plan of
Independence Park East, known as Lot 1, Block 1, Independence Park East Addition (18.900 acres)
located in the 500 Block of Parkview Drive.
Motion passed unanimously without further discussion.
12. 2010-583-T Consider and take appropriate action regarding a request for approval of the
Preliminary Plat of Lot 1, Block 1, Freedom Park Addition, a 16.100 acre tract of land situated
in the T. J. Allen Survey, Abstract No. 7, in the Town of Trophy Club, Denton County, Texas.
Applicant: Town of Trophy Club (PP-10-019)
The Town of Trophy Club has passed bonds for the construction of various parks within the Town’s limits.
Freedom Park is proposed as the Town’s “Dog Park”. Prior to issuance of a building permit, platting and
site plan approval is required.
This property is located on the north side of Trophy Park Drive and to the east of the proposed Balmoral
Drive. It is zoned Planned Development District No. 27 and is shown as Northeast Park on the approved
concept plan.
The Planning and Zoning Commission considered this case on October 21, 2010 and it was unanimously
voted upon to recommend approval of the Preliminary Plat of Lot 1, Block 1, Freedom Park Addition
asking that the gas well site be identified and drainage data chart added for the plats that will be seen by
Council.
This plat meets the minimum standards of the preliminary plat requirements as set forth in the Town’s
Code of Ordinances. Staff recommends approval of this plat.
Motion made by Council member Strother, seconded by Council member Hoover, to approve a
Preliminary Plat of Lot 1, Block 1, Freedom Park Addition, a 16.100 acre tract of land situated in the T. J.
Allen Survey, Abstract No. 7, in the Town of Trophy Club, Denton County, Texas.
Motion passed unanimously without any/further discussion.
13. 2010-584-T Consider and take appropriate action regarding a request for approval of a Final
Plat of Lot 1, Block 1, Freedom Park Addition, a 16.100 acre tract of land situated in the T. J.
Allen Survey, Abstract No. 7, in the Town of Trophy Club, Denton County, Texas.
Motion made by Council member Hoover, seconded by Council member Strother, to approve a Final Plat
of Lot 1, Block 1, Freedom Park Addition, a 16.100 acre tract of land situated in the T. J. Allen Survey,
Abstract No. 7, in the Town of Trophy Club, Denton County, Texas.
Motion passed unanimously without further discussion.
November 1, 2010 Meeting Minutes 6
Town Council 114 of 235 Meeting Date: December 6, 2010
14. 2010-585-T Consider and take appropriate action regarding a request for approval of a Site
Plan of Freedom Park, a 16.100 acre tract of land situated in the T. J. Allen Survey, Abstract
No. 7, in the Town of Trophy Club, Denton County, Texas. Applicant: Town of Trophy Club
(SP-10-013).
The Town of Trophy Club passed bonds for the construction of various parks within the Town’s limits.
Freedom Park was proposed as the Town’s first dog park. Prior to issuance of a building permit, site plan
approval is required.
The property is located on the north side of Trophy Park Drive and to the east of the proposed Balmoral
Drive. It is zoned Planned Development District No. 27 and is shown as Northeast Park on the approved
concept plan. A preliminary plat and final were on the agenda and shall receive a recommendation of
approval prior to consideration of the site plan.
The Planning and Zoning Commission considered the case on October 21, 2010 and it was voted 5-1 to
recommend approval of the Site Plan for Freedom Park and recommend approval of the waivers for chain
link fencing along Trophy Park Drive, Balmoral Drive, and along the north side of the dog park abutting
residential, and allowing the placement of the east chain link fence along Balmoral to be 5-ft. off the
property line.
Mayor White read a Statement by Council member Cantrell:
Honorable Mayor, fellow Council members and Town Staff –
Regrettably, I am unable to attend tonight’s Council meeting. However, I respectfully request the
following be read into the record of tonight’s meeting at the appropriate time.
I am opposed to the requested variance by the Town for a chain link fence to be used along future
Balmoral Drive and Trophy Park Drive for the Dog Park facility in Freedom Park. While I recognize chain
link fence may be appropriate and more affordable for this type of structure, I am not sure Council would
accept the same type of variance from other outside entities. Or at the very least, request that the Town
provide provisions for “extra ordinary” shrubbery that would form a living privacy barrier. Having
suggested shrubbery as an alternative barrier, I would ask that Town personnel explore natural Texas
shrubs with minimal maintenance requirements and long life potential, if available.
My concern is for the appearance of this park area from the main thoroughfares, versus what would be
presented by the placement of a solid stone/brick fence, as being provided in other areas in and around
the Highlands development along main thoroughfares. Trophy Park Drive is a main route to and from
Trophy Club Park and will be well traveled in the future as development and growth continues in this area
of our community.
In addition to my concern for the requested fence variance for this facility, I was hopeful decorative stone
column base covers would be provided around the pavilion support poles to create more eye appeal.
Thank you for your time and consideration.
Respectfully,
Margi Cantrell, Council Member, Place #3
Motion made by Council member Hoover, seconded by Council member Strother, to approve a Site Plan
of Freedom Park, a 16.100 acre tract of land situated in the T. J. Allen Survey, Abstract No. 7, in the
Town of Trophy Club, Denton County, Texas.
Council member Strother questioned the chain link fence on site plan and asked since Council is not
approving construction plans, is it necessary to discuss this issue.
November 1, 2010 Meeting Minutes 7
Town Council 115 of 235 Meeting Date: December 6, 2010
Mayor White mentioned that the baseball fields are also surrounded by chain link fences.
Parks and Recreation Director Adams shared that best practices for a dog park is chain link because of
cost and for practical purposes, the slats would have to be very narrow to hold smaller dogs.
Strother stated Council is approving the fence with the site plan. Community Development Director
Huggins clarified that you are approving the fence location and if the waiver is not approved then a
wrought iron fence will be needed.
Town Engineer Rutledge proposed moving the fence back an additional five feet. Council member Stotts
asked if that was enough room for shrubbery and/or trees.
Council member Strother asked for the engineer’s estimate. He then asked if the five-foot fence height
would be sufficient.
Discussion ensued regarding the placement of the fence in the upper left corner and also whether or not
to allow parallel fencing in the areas that butt up to residential lots. A waiver would be needed for parallel
fencing when the lots are platted and the request would probably be brought forward during the platting
phase.
Council member Hoover clarified if the motion to approve the site plan included the fence variance, it
does.
Council member Hoover called the question.
Motion passed unanimously without further discussion.
15. 2010-594-T Consider and take appropriate action regarding agenda items for the November
quarterly Joint Session with TCMUD No. 1.
Mayor White would like an item on the Water Tank.
Mayor White asked for a strategic planning session discussion. Council member Strother stated that the
Town had one, the MUD should have one and then both entities should have one.
16. 2010-556-T Staff Update regarding the Roundabout; discussion of same.
Motion made by Council member Hoover, seconded by Council member Strother, to table to the
November 15, 2010 meeting.
Motion passed unanimously without further discussion.
17. 2010-589-T Mayor and Council Updates regarding training opportunities, educational sessions,
and regional meetings; discussion of same.
- Denton County Mayor's Roundtable Luncheon
- Metroport Cities Partnership
- Annual TML Conference
- Partnership with TCWC
- Christ's Haven for Children
Update only, no action taken.
November 1, 2010 Meeting Minutes 8
Town Council 116 of 235 Meeting Date: December 6, 2010
November 1, 2010 Meeting Minutes 9
18. 2010-590-T Items for Future Agendas.
This item allows Council to request the placement of items on upcoming agendas when the topic of
discussion requires research and review that cannot be accomplished in the time frame between regular
Council meetings. However, a Council Member may request that an item be placed on the next regularly
scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda
items must comply with Charter requirements.
Council member Stotts would like to set target dates on each item, he will send an email to Acting Town
Manager Seidel.
Mayor White would like an analysis of the pool fees and pool usage be added to the list.
ADJOURN
Motion made by Council member Strother, seconded by Council member Stotts to Adjourn.
Meeting adjourned at 10:50 p.m.
___________________________________ ________________________________
Shannon DePrater, Interim Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council 117 of 235 Meeting Date: December 6, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-622-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:11/30/2010 Town Council
On agenda:Final action:12/6/2010
Title:Consider and take appropriate action regarding the Minutes dated November 15, 2010.
Attachments:November 15 2010 Meeting Minutes.pdf
Action ByDate Action ResultVer.
Town Council 118 of 235 Meeting Date: December 6, 2010
File #: 2010-622-T, Version: 1
Title
Consider and take appropriate action regarding the Minutes dated November 15, 2010.
Town Council 119 of 235 Meeting Date: December 6, 2010
MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, November 15, 2010 at 7:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, November 15,
2010. The meeting was held within the boundaries of the Town and was open to the public.
STATE OF TEXAS §
COUNTY OF DENTON §
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Bill Rose Mayor Pro Tem
Margi Cantrell Council Member
Larry Hoover Council Member
Glenn Strother Council Member
TOWN COUNCIL MEMBERS ABSENT:
JD Stotts Council Member
STAFF AND GUEST(S) PRESENT:
Mike Slye Town Manager
Stephen Seidel Assistant Town Manager
Patricia Adams Town Attorney
Scott Kniffen Police Chief
Kathy Dubose Finance Director
Danny Thomas Fire Chief
Mike Pastor Information Services Director
Carolyn Huggins Community Development Director
Tom Rutledge Town Engineer
Mayor White announced the date of November 15, 2010; called the meeting to order and announced a
quorum at 5:40 p.m.
Mayor White announced the absence of Council member Stotts.
WORKSHOP SESSION - 5:30 P.M.
1. 2010-613-T Consider and provide direction regarding Code of Conduct/Ethics Ordinance.
Mayor Pro Tem Rose commented on the comparison city documents. Town Manager Slye pointed out
that the Personnel Policy and Procedure Manual includes ethics as well as other conduct provisions and
would suffice as an ethics document. Mayor Pro Tem Rose and Mayor White indicated they desire a
more comprehensive policy.
Mayor White asked what was voted for in the Charter Election. Town Attorney Adams read the Charter
requirements – a Code of Conduct and an Ethics Commission, but the Charter is open on how it is
implemented.
Mayor Pro Tem Rose returned to reviewing the packet and handout documents section by section. At
6:45 p.m., the Mayor cautioned that the Council was going to run out of time discussing this matter.
November 15, 2010 Meeting Minutes 1
Town Council 120 of 235 Meeting Date: December 6, 2010
Mayor Pro Tem Rose stated that Section 6 was deleted as previously requested by Council, and he
would re-group based on the workshop’s comments and bring back a revised document to Council. He
stated that he feels Section 11 is very important regarding false complaints and Councilmember Cantrell
agreed. She stated that the ethics document should be tied to electronic communication as well.
Mayor White announced a break at 6:52 p.m.
2. 2010-619-T Discussion of other agenda items posted for consideration on the Regular Session
Council Agenda for November 15, 2010.
RECONVENE INTO REGULAR SESSION - 7:01 P.M.
The Invocation was offered by Council Member Strother.
The Pledges were led by Community Development Director Carolyn Huggins.
3. 2010-618-T Mayor White to introduce new Town Manager Mike Slye.
4. 2010-612-T Presentation of Life Saving Award by Fire Chief Danny Thomas.
Lt. Shane Beck presented a life saving certificate to 10-year old Kayci McKinnon, who jumped into the
family swimming pool to save her brother, Tripp McKinnon, from drowning. An award was also presented
to Tripp’s mom, Jonna McKinnon for performing infant CPR on her son until Fire and Police arrived. The
award to Jonna McKinnon was presented by Police Officer Scott Voigt. Denton County Sheriff’s
Department Dispatch, Jennifer Cook, the 911 call taker who handled the emergency call from the
McKinnon residence, was also acknowledged during the presentation.
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.
Greg Lamont, 15 Avalon Drive, addressed the Council; he felt that the ethics ordinance was not going in
the direction the residents desired when they voted for it.
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be
enacted by one motion. There will not be a separate discussion of these items. If discussion is desired,
that item will be removed from the consent agenda and will be considered separately.
Request made by Mayor Pro Tem Rose to remove items 5, 7 and 8 from consent agenda.
Motion made by Council member Strother, seconded by Mayor Pro Tem Rose, to approve the Minutes
dated September 18, 2010 as presented. Motion passed unanimously.
November 15, 2010 Meeting Minutes 2
Town Council 121 of 235 Meeting Date: December 6, 2010
5. 2010-514-T Consider and take appropriate action regarding the Minutes dated September 13,
2010.
Motion made by Mayor Pro Tem Rose, seconded by Council member Hoover, to approve Minutes dated
September 13, 2010 as amended. Motion passed unanimously without any discussion.
6. 2010-515-T Consider and take appropriate action regarding the Minutes dated September 18,
2010.
7. 2010-516-T Consider and take appropriate action regarding the Minutes dated September 20,
2010.
Motion made by Mayor Pro Tem Rose, seconded by Council member Hoover, to approve Minutes dated
September 20, 2010 as amended. Motion passed unanimously without any discussion.
8. 2010-535-T Consider and take appropriate action regarding the Minutes dated September 27,
2010.
Motion made by Mayor Pro Tem Rose, seconded by Council member Hoover, to approve Minutes dated
September 27, 2010 as amended. Motion passed unanimously without any discussion.
REGULAR SESSION
9. 2010-614-T Consider and provide input regarding a Special Events Ordinance.
Over the past few years, the Town has seen an increase in events held in Trophy Club and sponsored by
outside entities that impact various Town departments. Issues such as traffic control and public safety,
sanitation, trash pick up, street closures, or other use of Town assets is also a concern.
Council gave Staff direction regarding:
Need to provide for concessions, including craft booths/shows.
More clearly define “street” versus “public street”.
Clarify numbers, i.e., parade of “3 or more persons”. What “number” should it be?
Permit Official – better defined. “Person you hand the permit to”
Who is responsible for process/decision? Committee with appeal to Town Manager? Mayor Pro
Tem Rose suggested Town Manager with appeal to Council.
Clarify “Town sponsored events”.
Clarify exemptions. What about military parades, schools and church functions?
Include a removal date for signs and other items associated with special events; Council member
Cantrell suggested no longer than 24 hours. Can signs be placed in medians?
Health permits? Too restrictive?
Is ordinance too restrictive for some events? i.e., National Day of Prayer
For Block parties or smaller events, can permit department approve on spot without having to go
to Committee? Council member Strother suggested a step process: Permit Tech, Committee,
Town Manager, and Council. He also suggested the hours (7 a.m. to 10 p.m.) are too restrictive
for certain events. i.e., fireworks on New Years Eve at midnight. Mayor Pro Tem Rose
suggested that the hours may not work for 5K runs.
November 15, 2010 Meeting Minutes 3
Town Council 122 of 235 Meeting Date: December 6, 2010
Mayor Pro Tem Rose also questioned the regulations regarding port-a-potties, dumpsters, and the $75
fee. All might be too restrictive (or not restrictive enough) for certain events. He also was concerned that,
as written, any staff person has the authority to say “no” and stop the entire process of a special event.
Provide input only, no action.
10. 2010-556-T Staff presentation and update regarding the Roundabout; discussion of same.
Town Manager Slye gave an introduction and Town Engineer Tom Rutledge provided a background and
presented roundabout options to Council.
Deandra Pugh, 2 Chimney Rock, addressed the Council and showed her support of the roundabout and
asked that access to/from Village Trail not be forgotten.
Pearl Ford, 2 Spring Creek Court, addressed the Council and expressed her concern for the Lake Cities
church future ingress/egress.
Chuck Hall, 4 Shady Oaks Court, addressed the Council and stated a roundabout is too complicated and
trucks will tear it up.
Council was supportive of the roundabout design; additional information and an action item will be
brought forward to the Council on December 6, 2010. Town Engineer Rutledge suggested a May-
October 2011 construction schedule in order to avoid school traffic (as much as possible). This will be a
major construction project for the Town, which will require planning and execution to educate the public
on the disruption of traffic flow through the Town for a six month period.
Update only, no action.
11. 2010-615-T Town Manager Slye's update regarding the following; discussion of the same:
Initial assessment and first impressions of Trophy Club
Town Survey Update – Mayor White does not want to repeat Allied’s survey questions and
asked if waiting until December 7 would allow for informative responses prior to the holidays.
Town Manager Slye said it would be tough, but they will get it completed. Mayor White wanted to
ensure that Communication would be included in the survey; Town Manager said he would
discuss with the surveyor.
Update on the CAPP Utility Contract
Posting of the Town Secretary Position – The position was posted on November 11, 2010.
ICSC Conference November 17 - 19, 2010 – Town Manager Slye shared that he, EDC 4B
Directors, Community Development Director Carolyn Huggins and Council member Strother
would attend.
Update only, no action.
12. 2010-616-T Mayor and Council Updates regarding training opportunities, educational sessions,
and regional meetings; discussion of same.
Neighbor Helping Neighbor – Program supported by United Way and Meals on Wheels. Mayor
has talked to MUD1 about sending out information in the utility bill and talking to churches. This
will also involves building a database of those who have special needs, in conjunction with Fire
Department.
November 15, 2010 Meeting Minutes 4
Town Council 123 of 235 Meeting Date: December 6, 2010
November 15, 2010 Meeting Minutes 5
Best of Northwest Expo – Interim Town Secretary pulled together a team consisting of
Information Systems Director Mike Pastor, Parks & Recreation Director Adam Adams and Parks
Supervisor Tony Jaramillo and it was well organized and beautifully done.
Heart of North Texas Business Conference – Excellent conference. Pearl Ford attended on
behalf of the Chamber. Several speakers, including Congressman Burgess, talked about health
issues, and Jeff Fagan, DFW Airport, discussed transportation (DART) and refurbishing and
remodeling of airport terminals. The Fort Worth “T” will eventually connect to the airport. A DFW
Connector update and a panel of educators from area universities and colleges were also in
attendance.
13. 2010-617-T Items for Future Agendas.
This item allows Council to request the placement of items on upcoming agendas when the topic of
discussion requires research and review that cannot be accomplished in the time frame between regular
Council meetings. However, a Council Member may request that an item be placed on the next regularly
scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda
items must comply with Charter requirements.
Council member Cantrell would like a proposal from Staff regarding Communications.
Council member Hoover reminded Council and Staff of item #10 – Presentation and 10-year plan from Dr.
Walker on Trophy Club Park.
Council member Cantrell asked if a date has been set to present Council goals and objectives to staff.
Acting Town Manager Seidel responded yes, but no set date other than January. Mayor White asked that
Council get the dates soon.
ADJOURN
Motion made by Council member Hoover; seconded by Council member Cantrell to Adjourn.
Meeting adjourned at 9:17 p.m.
___________________________________ ________________________________
Shannon DePrater, Interim Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council 124 of 235 Meeting Date: December 6, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-635-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:11/30/2010 Town Council
On agenda:Final action:12/6/2010
Title:Consider and take appropriate action regarding interlocal agreement between the Town and Denton
County to provide Ambulance Services, and authorizing the Mayor or her designee to execute all
necessary documents.
Attachments:ILA - Denton County for Ambulance Services.pdf
Action ByDate Action ResultVer.
Town Council 125 of 235 Meeting Date: December 6, 2010
File #: 2010-635-T, Version: 1
Title
Consider and take appropriate action regarding interlocal agreement between the Town and Denton County to provide
Ambulance Services, and authorizing the Mayor or her designee to execute all necessary documents.
Background
This is an annual mutual aid agreement for ambulance service for Denton County. The estimated run activity is five per
year.
Recommendation
Staff recommends approval of agreement.
Goals
Goal #1: Safe and secure community.
Maintain Trophy Club’s Low crime rate
Increase positive visibility through community policing initiatives
Provide superior Emergency Services
Increase citizen involvement
Goal # 3: Community with shared vision
Forge collaborative relationships with other governmental/public entities
Create a positive regional identity
Town Council 126 of 235 Meeting Date: December 6, 2010
THE COUNTY OF DENTON §
§ TOWN OF TROPHY CLUB
§ AMBULANCE SERVICES
STATE OF TEXAS §
INTERLOCAL COOPERATION AGREEMENT
AMBULANCE SERVICE
THIS AGREEMENT is made and entered into by and between Denton County a political
subdivision of the State of Texas, hereinafter referred to as "COUNTY", and the Town of
Trophy Club, a municipal corporation, located in Denton County, Texas, hereinafter referred to
as "AGENCY," and has an effective date of October 1,2010.
WHEREAS, COUNTY is a duly organized political subdivision of the State of Texas
engaged in the administration of county government and related services for the benefit of the
citizens of Denton County; and
WHEREAS, AGENCY is a municipal corporation, duly organized and operating under
the laws of the State of Texas and engaged in the provision of ambulance service and related
services for the benefit of the citizens of Town of Trophy Club; and
WHEREAS, AGENCY is an owner and operator of certain ambulance vehicles and other
equipment designed for the transportation of persons who are sick, infirmed, or injured and has
in its employ trained personnel whose duties are related to the treatment of said individuals and
the use of such vehicles and equipment; and
WHEREAS, COUNTY desires to obtain emergency ambulance and related services for
the benefit of residents of COUNTY living in unincorporated areas of COUNTY which
AGENCY is capable of providing; and
WHEREAS, the provision of emergency ambulance and related services IS a
governmental function that serves the public health and welfare and is of mutual concern to both
COUNTY and AGENCY; and
WHEREAS, COUNTY desires to expend County funds to defray the expense of
establishing, operating, and maintaining the emergency ambulance service in the County; and
WHEREAS, COUNTY and AGENCY mutually desire to be subject to and contract
pursuant to the provisions of Government Code, Chapter 791, the Interlocal Cooperation Act,
and Section 774.003, Health and Safety Code,
20 I 0-20 II Inlerlocal Cooperation Agreement-Ambulance Services/Trophy Club -Pagelof7 Town Council 127 of 235 Meeting Date: December 6, 2010
NOW THEREFORE, COUNTY and AGENCY, in consideration of the mutual
promises, covenants, and Agreements stated herein, agree as follows:
I.
TERM
The term of this Agreement shall be for the period of October 1, 2010 to and through
September 30, 2011.
II.
DEFINITIONS
As used herein, the words and phrases hereinafter set forth shall have the meanings as
follows:
A. "Emergency" shall mean any circumstance that calls for immediate action and in
which the element of time in transporting the sick, wounded or injured for
medical treatment is essential to the health or life of a person or persons. Whether
an emergency, in fact, exists is solely up to the discretion of the AGENCY. For
dispatch purposes only, "emergency" shall include, but not be limited to:
1. The representation by the individual requesting ambulance service that an
immediate need exists for the transportation of a person from any location
within the agreed operating area of AGENCY to a place where emergency
medical treatment may be obtained; or
2. The representation by the individual requesting ambulance service that an
immediate need exists for the transportation of a person from any location
within the agreed operating area of AGENCY to the closest medical
facility;
B. "Rural area" means any area within the boundaries of COUNTY but outside the
corporate limits of all incorporated cities, towns and villages within COUNTY.
C. "Urban area" means any area within the corporate limits of an incorporated city,
town or village within COUNTY.
D. "Emergency ambulance call" means a response to a request for ambulance service
by the personnel of AGENCY in a situation involving an emergency, as defined
above, by an ambulance vehicle. A single response to a call may involve the
transportation of more than one person at a time but shall be considered as only
one call.
III.
SERVICES
The services to be rendered under this Agreement are the ambulance services normally
rendered by AGENCY to citizens of Town of Trophy Club in circumstances of emergency but
which services will now be extended to all citizens of COUNTY residing in the unincorporated
20 I 0-20 II Interl oca l Cooperation Agreement-Ambulance Servicesffrophy Club - Page2 o f7 Town Council 128 of 235 Meeting Date: December 6, 2010
areas of COUNTY within the operating territory or jurisdiction of AGENCY as agreed to by
AGENCY and COUNTY in this Agreement and as set forth in Exhibit A, attached hereto and
incorporated by reference.
It is recognized that the officers and employees of AGENCY have the duty and
responsibility of rendering ambulance services to citizens of AGENCY and COUNTY. In the
performance of these duties and responsibilities, it shall be within the sole responsibility and
discretion of the officers and employees of AGENCY to detennine priorities in the dispatching
and use of such equipment and personnel and the judgment of the officer or employee shall be
final.
IV.
PERFORMANCE OF SERVICES
AGENCY shall devote sufficient time and attention to insure the perfonnance of all
duties and obligations of AGENCY under this and shall provide immediate and direct
supervision of the AGENCY employees, agents, contractors, sub-contractors and/or laborers
engaged in the perfonnance of this Agreement for the mutual benefit of AGENCY and
COUNTY.
V.
LIAISON OFFICER
COUNTY shall designate the County Judge to act on behalf of COUNTY and to serve
as "Liaison Officer" between COUNTY and AGENCY. The County Judge or her designated
substitute shall devote sufficient time and attention to insure the perfonnance of all duties and
obligations of COUNTY under this Agreement and shall provide for the immediate and direct
supervision of employees, agents, contractors, sub-contractors and/or laborers of COUNTY
engaged in the performance of this Agreement.
VI.
COMPENSA TION
COUNTY agrees to pay to AGENCY an estimated fee of $5,202.51 based on a funding
formula as follows:
1. A fixed sum based on a population percentage .5511 per capita; said sum
computes to $4,408.69.
2. A fixed sum of $253.3125 per ambulance transport. There were no transports
made by AGENCY in fiscal year 2010.
3. A fixed sum based on 1.19 rural miles in the agreed operating territory; said sum
computes to $793.83.
20 I 0-20 II Interlocal Cooperation Agreement-Ambulance ServicesfTrophy Club - Page30f7 Town Council 129 of 235 Meeting Date: December 6, 2010
The first and third sums are based upon population and mileage figures obtained from the North
Central Texas Council of Govenunents. The second sum is based upon the definition of an
ambulance call for purposes of this Agreement. Payment shall not be allowed for any instance in
which a patient is not transported. Consistent with the reporting procedures described below,
AGENCY shall receive payment for transporting the patient regardless of the service delivery
area in which the call originated.
Requests for payment shall be submitted on the standardized ambulance transportation
reporting form approved and provided by COUNTY. It shall be the responsibility of AGENCY
to fully complete the forms and to provide complete and accurate patient information. Requests
for payment shall be submitted within five (5) days of the performance of service by AGENCY.
Requests not timely submitted shall not be considered for payment. Requests for payment may
be submitted by personal delivery, u.s. mail, facsimile, or computer telephone link to the office
of the Denton County Fire Marshal. The date of submission shall be the date the fully
documented request is received in said office.
VII.
TERMINATION
This Agreement may be terminated at any time by either AGENCY or COUNTY giving
sixty (60) days advance notice in writing to the other party. In the event of termination by either
party, AGENCY shall be compensated pro rata for all services performed to termination date,
together with reimbursable expenses authorized by this Agreement then due and owed. Should
AGENCY be overcompensated on a pro rata basis for all services performed to the termination
date and/or be overcompensated for reimbursable expenses, COUNTY shall be reimbursed pro
rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a
waiver of any claim that may otherwise arise out of this Agreement.
VIII.
FINANCIAL RECORDS
AGENCY agrees to make its financial records available for audit and/or review by
COUNTY upon request by COUNTY.
IX.
RESPONSIBILITY OF COUNTY
COUNTY, to the extent allowed by law, shall be responsible for the acts and negligence
of all officers, employees and agents of COUNTY engaged in the performance of this
Agreement.
20 I 0-20 II lnterlocal Cooperation Agreement-Ambulance ServicesfTrophy Club -Page 4 of7 Town Council 130 of 235 Meeting Date: December 6, 2010
X.
RESPONSIBILITY OF AGENCY
AGENCY, to the extent allowed by law, shall be responsible for the acts and negligence
of all officers, employees and agents of AGENCY engaged in the performance of this
Agreement.
XI.
DEFAULT
In the event of any default in any of the covenants herein contained, this Agreement may
be terminated at the discretion of the non-defaulting party if such default continues for a period
of ten (10) days after notice in writing to the defaulting party of such default and the intention to
declare this Agreement terminated. Unless the default is cured, this Agreement shall terminate.
XII.
GOVERNMENTAL IMMUNITY
The fact that COUNTY and AGENCY accept certain responsibilities relating to the
rendering of ambulance services under this Agreement as a part of their responsibility for
providing protection for the public health makes it imperative that the performance of these vital
services be recognized as a govenunental function and that the doctrine of governmental
immunity shall be, and is hereby, invoked to the extent possible under the law. Neither
AGENCY nor COUNTY waives nor shall be deemed hereby to waive any immunity or defense
that would otherwise be available to it against claims arising from the exercise of govenunental
powers and functions.
XIV.
ENTIRE AGREEMENT
This Agreement represents the entire and integrated Agreement between AGENCY and
COUNTY 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.
XV.
LAW OF CONTRACT
This Agreement and any of its terms or provisions, as well as the rights and duties of the
parties hereto, shall be governed by the laws of the State of Texas. The venue of any dispute or
matter arising under this Agreement shall lie in Denton County.
20 I 0-20 II Interlocal Cooperation Agreement-Ambulance ServicesfTrophy Club -Page 5 01'7 Town Council 131 of 235 Meeting Date: December 6, 2010
------------------------
-----------------------
-----------------------
XVI.
SEVERABILITY
In the event that any portion of this Agreement shall be found to be contrary to law , it is
the intent AGENCY and COUNTY that the remaining portions shall remain valid and in full
force and effect to the extent possible.
XVII.
AUTHORITY
The undersigned officer and /or agents of are the properly authorized officials and have
the necessary authority to execute this Agreement on behalf of AGENCY and COUNTY.
EXECUTED in triplicate originals on the dates set forth below.
COUNTY: AGENCY:
Denton County, Texas Town of Trophy Club
110 West Hickory 100 Municipal Drive
Denton, Texas 76201 Trophy Club, Texas 76262
By:___________ By:___________
Mary Hom Name
Denton County Judge Title
Acting on behalf of and by Acting on behalf of and by the
the authority of Denton County authority of the The Town of Trophy Club
Commissioners Court of Denton, Texas
DATED: _________ DATED:
ATTEST: APPROVED AS TO CONTENT:
BY : BY: _______________________
Denton County Clerk Denton County Fire Marshal
APPROVED AS TO FORM:
BY:____________
Assistant District Attorney
20 I 0-20 II Int erl oca l Coo perati on Agre ement-Ambulance Services!frophy Club -Page6of7 Town Council 132 of 235 Meeting Date: December 6, 2010
AUDITOR'S CERTIFICATE
I hereby certify that funds are available in the amount of $ to
accomplish and pay the obligation of Denton County under this Contract! Agreement.
James Wells, Denton County Auditor
20 I 0-20 II Int erlocal Cooperation Agreement-Ambulance Servi c esfTrophy Club -Page 7 of 7 Town Council 133 of 235 Meeting Date: December 6, 2010
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Town Council 134 of 235 Meeting Date: December 6, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-636-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:11/30/2010 Town Council
On agenda:Final action:12/6/2010
Title:Town Manager Slye to designate an Acting Town Manager.
Attachments:TM Designation of ATM.pdf
Action ByDate Action ResultVer.
Town Council 135 of 235 Meeting Date: December 6, 2010
File #: 2010-636-T, Version: 1
Title
Town Manager Slye to designate an Acting Town Manager.
Background
Section 4.06(a) Acting Town Manager of The Town of Trophy Club Charter states:
The Town Manager, within thirty (30) days after taking office, shall designate, by letter filed with the Town Secretary, a
qualified administrative officer of the Town to perform the duties of the Town Manager in his absence or disability. Such
designation shall be subject to approval of the Council. No member of the Council shall serve as Acting Town Manager.
Upon resignation or termination of the Town Manager, the Acting Town Manager shall perform the duties of the Town
Manager until a new Town Manager or Acting Town Manager is appointed by the Council.
Goals
Goal #6: A vibrant, inclusive community with involved, caring residents
Provide superior customer services
Foster a well informed community
Promote and support active lifestyle
Develop expanded community involvement opportunities
Expand recreational opportunities for all ages
Town Council 136 of 235 Meeting Date: December 6, 2010
Town of Trophy Club
100 Municipal Drive
Trophy Club, Texas 76262
(682) 831-4600
Fax (817) 491-9312
November 22, 2010
The Honorable Connie White
Town of Trophy Club
100 Municipal Drive
Trophy Club, TX 76262
Re: Acting Town Manager Designation
l\IIayor White:
Please allow this letter to serve as notice that I wish to designate Stephen Seidel
to serve as Acting Town Manager in compliance with Section 4.06 of the Trophy
Club Town Charter. The Acting Town Manager shall perform all administrative
duties normally reserved for the Town Manager during a period of absence or
disability that would prevent me from performing my required duties . This
designation will remain in full force until a time in which another designee is
recommended to and approved by the Town Council.
Town Manager
Town Council 137 of 235 Meeting Date: December 6, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-624-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/30/2010 Town Council
On agenda:Final action:12/6/2010
Title:Consider and take appropriate action regarding an Ordinance amending Section 2.01 entitled
"Appointments" of Article II, entitled "Presiding Judge" of Chapter 7 entitled "Municipal Court" of the
Code of Ordinances to re-appoint and extend the term of the current Presiding and Alternate Judges
to January 2013.
Attachments:ORD 2010-30 Amending Chapter 7 Art II Sec 2 01 - Court Appointments.pdf
Action ByDate Action ResultVer.
Town Council 138 of 235 Meeting Date: December 6, 2010
File #: 2010-624-T, Version: 1
Title
Consider and take appropriate action regarding an Ordinance amending Section 2.01 entitled "Appointments" of Article II,
entitled "Presiding Judge" of Chapter 7 entitled "Municipal Court" of the Code of Ordinances to re-appoint and extend the
term of the current Presiding and Alternate Judges to January 2013.
Goals
Goal #1: Safe and secure community.
Maintain Trophy Club’s Low crime rate
Increase positive visibility through community policing initiatives
Provide superior Emergency Services
Increase citizen involvement
Town Council 139 of 235 Meeting Date: December 6, 2010
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2010-30
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING SECTION 2.01 ENTITLED “APPOINTMENTS” OF
ARTICLE II, ENTITLED “PRESIDING JUDGE” OF CHAPTER 7
ENTITLED “MUNICIPAL COURT” OF THE CODE OF ORDINANCES
OF THE TOWN BY PROVIDING FOR THE APPOINTMENT OF A
PRESIDING JUDGE AND ALTERNATE MUNICIPAL COURT JUDGES
WITH TWO (2) YEAR TERMS COMMENCING UPON THE EXPIRATION
OF THE CURRENT TERM ON JANUARY 3, 2011, AND EXPIRING ON
JANUARY 3, 2013; PROVIDING A CUMULATIVE REPEALER
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town’s Home Rule Charter provides for Council appointment of
one or more persons to serve as Municipal Court Judges for the Trophy Club Municipal
Court of Record No. 1 for two (2)year terms; and
WHEREAS, the Council finds that the has been presented with the names of
three (3) individuals who possess the requirements specified in Section 4.11 of the
Town’s Charter to serve as Judges for the Trophy Club Municipal Court of Record No.
1; and
WHEREAS, Chapter 7, Article II, Section 2.01 of the Code of Ordinances
designates certain individuals who have been appointed to serve in the capacity of
Judge and Alternate Judge with current terms of office expiring on January 3, 2011;
and
WHEREAS, Council determines it necessary and appropriate to revise Section
2.01 Entitled “Appointments’ of Article II entitled “Presiding Judge” of Chapter 7 entitled
“Municipal Court” by extending the current terms of office and appointing a Presiding
Judge and Associate Judges for a term of two (2) years with such terms to expire on
January 3, 2013.
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.
Ordinance 2010-30 1
Town Council 140 of 235 Meeting Date: December 6, 2010
SECTION 2.
AMENDMENTS
2.01 Section 2.01 entitled “Appointments” of Article II entitled “Presiding Judge” of
Chapter 7 entitled “Municipal Court” of the Code of Ordinances of the Town is hereby
amended to be and read as follows in its entirety:
“The Town Council hereby finds that the following persons possess all
qualifications necessary to serve as Judges of the Trophy Club Municipal
Court and hereby appoints such persons to serve as Judges of the Trophy
Club Municipal Court of Record No. 1 in the capacity as set forth below:
Presiding Judge Mark D. Chambers, Jr.
Alternate Judge Warren A. Bradley
Alternate Judge Eric G. Ransleben
The appointments set forth herein are made subject to and are governed
by the provisions of the Home Rule Charter of the Town of Trophy Club,
this Code of Ordinances establishing and regulating the Trophy Club
Municipal Court of Record No. 1, the Texas Government Code, as
amended, and all other applicable state law. The terms of office for the
Presiding Judge and Alternate Judges shall be for a period of two (2)
years, and shall run for the remainder of their current term of office (which
term expires on January 3, 2011) through January 3, 2013.”
SECTION 3.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances of the Town affecting
the appointment of Municipal Court Judges and shall not repeal any of the provisions of
such Ordinances except as specifically provided herein and in those instances where
provisions of those Ordinances are in direct conflict with the provisions of this
Ordinance; whether such Ordinances are codified or uncodified, and all other provisions
of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with
the provisions of this Ordinance, shall remain in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
Ordinance 2010-30 2
Town Council 141 of 235 Meeting Date: December 6, 2010
Ordinance 2010-30 3
declares it would have passed such remaining of the Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance by copying the exact Caption and Effective Date clause in the
minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in
the Ordinance records of the Town and by amending the Code of Ordinances to reflect
the changes adopted herein by Council.
SECTION 6.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 6th day of December, 2010.
_______________________________
Connie White, Mayor
Town of Trophy Club, Texas
ATTEST:
___________________________________
Shannon DePrater, Interim Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
___________________________________
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
Town Council 142 of 235 Meeting Date: December 6, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-575-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/13/2010 Town Council
On agenda:Final action:12/6/2010
Title:Consider and take appropriate action regarding a request for approval of a Final Plat for
Neighborhood 4, Phase 2A (24.80 acres) located in The Highlands at Trophy Club. Applicant:
Corwin Engineering on behalf of Standard Pacific of Texas, Inc. and K. Hovnanian Homes-DFW, LLC
(FP-10-036)
A. Subdivider's Agreement - Consider and take appropriate action regarding a request for approval of
a Subdivider's Agreement for Neighborhood 4, Phase 2A.
Attachments:Staff Report - TC - NH 4.pdf
30 Day Waiver Letter - NH 4 Ph 2A.pdf
Applications.pdf
Plat - NH 4 Ph 2A Pg 1.pdf
Plat - NH 4 Ph 2A Pg 2.pdf
Subdivider's Agreement - NH 4 Ph 2A w Att A.pdf
Action ByDate Action ResultVer.
Planning & Zoning Commission10/21/2010 1
Town Council 143 of 235 Meeting Date: December 6, 2010
File #: 2010-575-T, Version: 1
Title
Consider and take appropriate action regarding a request for approval of a Final Plat for Neighborhood 4, Phase 2A
(24.80 acres) located in The Highlands at Trophy Club. Applicant: Corwin Engineering on behalf of Standard Pacific of
Texas, Inc. and K. Hovnanian Homes-DFW, LLC (FP-10-036)
A. Subdivider's Agreement - Consider and take appropriate action regarding a request for approval of a Subdivider's
Agreement for Neighborhood 4, Phase 2A.
Town Council 144 of 235 Meeting Date: December 6, 2010
TOWN COUNCIL
STAFF REPORT
December 6, 2010
Case No. FP-10-036
Final Plat
Lots 22-39, Block F; Lots 7-16, Block G
Lot 1, Block H (Open Space);
Lots 1-23, Block N; Lots 9-17, Block M
Common Areas 14-16
The Highlands at Trophy Club
Neighborhood 4, Phase 2A
SUBJECT: Discuss and take appropriate action regarding a request for
approval of a Final Plat for Neighborhood 4, Phase 2A
(24.80 acres) located in The Highlands at Trophy Club.
Applicant: Corwin Engineering on behalf of Standard
Pacific of Texas, Inc. and K. Hovnanian Homes-DFW, LLC
(FP-10-036)
REQUEST: Consider approval of the Final Plat of Lots 22-39, Block F; Lots 7-
16, Block G; Lot 1, Block H (Open Space); Lots 1-23, Block N; Lots 9-17, Block
M; and Common Areas 14-16, The Highlands At Trophy Club Neighborhood 4,
Phase 2A Addition the W. Medlin Survey, Abstract No. 829 and the J. Michael
Survey, Abstract No. 820 in the Town of Trophy Club, Denton County, Texas and
containing 60 Residential Lots, one (1) Public Open Space Lot and three (3)
common area lots for a total of 24.80 Acres.
ZONING: Planned Development District No. 27. Lots 22-36, Block F and Lot 39,
Block F; Lots 7-16, Block G are all Lot Type 1. All remaining residential lots are
Lot Type 2.
Lot Type 1 Development Standards
Minimum Lot Size: 12,000 sq. ft. (13,000 sq. ft. adjacent to golf course)
Front Yard: 25-ft.
Rear Yard: 25-ft. (non-golf course lot)
35-ft. (golf course)
Town Council 145 of 235 Meeting Date: December 6, 2010
Side Yard 10-ft. (non golf course lot)
10-ft. (golf course)
20-ft. (adjacent to street)
Minimum Lot Width: 90-ft. measured at the front building line
100-ft. adjacent to side street,
measured at the front building line
Minimum Lot Depth: 110-ft
100-ft corner or cul-de-sac lot.
Lot Type 2 Development Standards
Minimum Lot Size: 10,000 sq. ft. (11,000 sq. ft. adjacent to golf course)
Front Yard: 25-ft.
Rear Yard: 25-ft. (non-golf course lot)
35-ft. (golf course)
Side Yard 7.5-ft. (non golf course lot)
10-ft. (golf course)
15-ft. (adjacent to street)
Minimum Lot Width: 80-ft. measured at the front building line
90-ft. adjacent to side street,
measured at the front building line
Minimum Lot Depth: 110-ft
100-ft corner or cul-de-sac lot.
HISTORY: This property is currently vacant. A preliminary plat was approved
for The Highlands at Trophy Club Neighborhood 4 on January 22, 2007. The
zoning of PD-27 was approved by the Town Council on May 8, 2006, and has
had several amendments since that time.
REVIEW AND RECOMMENDATION: The final plat document was reviewed in
accordance with the approved subdivision regulations as well as the approved
development standards as set forth in Planned Development District No. 27. The
plat meets the regulations and Staff recommends approval of the Final Plat of
Neighborhood 4, Phase 2A.
Town Council 146 of 235 Meeting Date: December 6, 2010
PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning
Commission considered this case on October 21, 2010. Motion and comments
were as follows:
Warren Corwin, representing K. Hovnanian and Standard Pacific, was present
and available to answer any questions from Commissioners.
Commissioner Sheridan asked if there is any flood area on or near the plat. Mr.
Corwin responded that there is no floodplain on the plat.
Commissioner Sheridan asked that all sidewalk easements be identified. All are
shown on the plat, but not all are individually identified. He would like each one
identified. Mr. Corwin stated that the plat taken to Council will have each
identified.
Commissioner Davidson asked what is pending for review by the Town Engineer.
Mr. Rutledge, Teague, Nall & Perkins, responded that some small technical
drainage comments are outstanding. Nothing is outstanding that would prohibit
this plat from moving forward. He stated that there is a 7x5 box culvert that
discharges into the creek and there will be some additional comments about how
that will penetrate the creek to protect it from erosion.
There was no further discussion from the Commissioners and Chairman Hill
called for a motion.
Commissioner Sheridan motioned to recommend approval of the Final Plat of
Neighborhood 4, Phase 2A with the stipulation that engineering documents must
have Town Engineer approval prior to placement of this plat on a Council
agenda. The motion was seconded by Vice Chairman Stephens.
Ayes: Hill, Stephens, Reed, Davidson, Richert, Sheridan
Nays: None
Action: 6-0, Approved
Waiver – 30 Day Rule
The Town of Trophy Club Subdivision Regulations requires the Town Council to
act on a plat within 30 days after the date the plat is recommended for approval
by the Planning and Zoning Commission (Chapter 12 –Subdivision Rules and
Regulations, Article III – General Plat Submittal Requirements, Section 3.04 –
Approval Procedure – Overview, Item “C”). At the applicant’s request, the plat
was delayed to this Council agenda to provide the applicant time to review and
provide documents needed for the Subdivider’s Agreement, as well as
documentation needed for the pre-construction meeting. A letter from the
applicant is attached waiving the 30-day requirement.
Town Council 147 of 235 Meeting Date: December 6, 2010
SUBDIVIDER’S AGREEMENT: The Subdivider’s Agreement is attached for the
Council’s review and approval. Attachment “A” of the Subdivider’s Agreement
consists of the construction estimates, reviewed and approved by the Town
Engineer, which determines the amount due for inspections (5% of the project’s
total construction estimate). Attachment “B” of the Subdivider’s Agreement
consists of the construction documents and are not included with the Council’s
packet.
Attachments: 30-Day Waiver
Applications (2)
Plat
Subdivider’s Agreement with Attachment A
Town Council 148 of 235 Meeting Date: December 6, 2010
Town Council 149 of 235 Meeting Date: December 6, 2010
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Town Council 152 of 235 Meeting Date: December 6, 2010
Town Council 153 of 235 Meeting Date: December 6, 2010
THE HIGHLANDS AT TROPHY CLUB
NEIGHBORHOOD 4, PHASE 2A
SUBDIVIDER'S AGREEMENT
An AGREEMENT between the Town of Trophy Club, Texas (hereinafter referred to as
the "TOWN") and K. Hovnanian Homes – DFW L.L.C. and Standard Pacific of Texas, Inc.
acting by and through its duly authorized representative (hereinafter referred to as the
"DEVELOPER"), for the installation of public improvements and facilities within the TOWN
limits of Trophy Club, Texas, for Neighborhood 4, Phase 2A of The Highlands at Trophy Club,
more particularly described as a tract of land consisting of approximately 24.800 acres of land,
hereinafter being referred to collectively as the "PROJECT," and such public improvements
being more particularly described in Section II of this AGREEMENT. It is understood by and
between the parties that this AGREEMENT is applicable to the lot(s) contained within the Final
Plat as presented to TOWN Staff on July 1, 2010 and to the offsite improvements necessary to
support the PROJECT, more particularly described in Section II of this AGREEMENT. It is
further agreed that this AGREEMENT, when properly signed and executed, shall satisfy the
requirements of the TOWN’S Subdivision Regulations.
I. GENERAL REQUIREMENTS
A. It is agreed and understood by the parties hereto that the DEVELOPER has
employed a registered public surveyor licensed to practice in the State of Texas to
prepare a final plat of the PROJECT.
The Project is planned to be platted for Single Family Residential together with
allowed incidental and accessory uses. The Project received preliminary plat
approval from the Town on January 22, 2007.
B. It is agreed and understood by the parties hereto that the DEVELOPER has
employed a civil engineer licensed to practice in the State of Texas for the design
and preparation of the plans and specifications for the construction of all public
improvements and facilities described in Section II and covered by this
AGREEMENT. Unless otherwise specified herein, such plans and specifications
shall be in accordance with the TOWN’S "Design Standards for Paving, Drainage
and Utility Improvements" and the North Central Texas Council of Governments’
(NCTCOG) Standard Specifications for Public Works Construction, as presently
adopted.
C. The DEVELOPER will award its own construction contract for the construction of
all PROJECT street, sanitary sewer, and other drainage public improvements and
facilities for the completion of the Project. The DEVELOPER agrees to employ a
construction contractor(s) who is approved by the TOWN, said contractor(s) to meet
TOWN and statutory requirements for being insured, licensed and bonded to perform
work in public rights-of-way and to be qualified in all respects to bid on public
streets and public projects of a similar nature. The DEVELOPER agrees to submit
N 12/1/2010
1 of 10Neighborhood 4, Phase 2A Subdivider’s AgreementTown Council 154 of 235 Meeting Date: December 6, 2010
contract documents to the TOWN and participate in a pre-construction meeting with
the TOWN and all Developer contractors.
D. Prior to the execution of this Agreement, the commencement of construction, the
filing of the Final Plat, or the issuance of any building permits, the DEVELOPER
shall present to the TOWN a performance bond(s), payment bond(s) and
maintenance bond(s), meeting the requirements of Chapter 2253 of the Texas
Government Code. Each bond shall individually guarantee and agree to pay an
amount equal to one hundred percent (100%) of the value of the construction costs
(as determined by the TOWN Engineer) for all public improvements and facilities to
be constructed by or on behalf of the Developer for the Project. Any surety company
through which a bond is written shall be a surety company duly authorized to do
business in the State of Texas, provided that the TOWN, through the Town Attorney,
shall retain the right to reject any surety company as a surety for any work under this
or any other SUBDIVIDER’S AGREEMENT regardless of such Company’s
authorization to do business in Texas. Approvals by the TOWN shall not be
unreasonably withheld or delayed.
1) As an alternative to providing a surety bond for performance and a surety bond
for maintenance as specified hereinabove, Developer may provide financial
assurances for performance and maintenance in the form of a cash deposit, a
certificate of deposit, or irrevocable letter of credit. Provided however, that such
alternative financial assurances shall only be allowed if each meets all
requirements specified in Section 7.2 of the Town of Trophy Club Subdivision
Regulations. All such alternative financial assurances must be on forms
approved by the Town Attorney.
2) As an alternative to the Developer providing a performance bond, payment bond,
and maintenance bond, as specified above, Developer may provide financial
assurances for performance, payment and maintenance from a single general
contractor for the Project, provided that such assurances meet all other
requirements specified hereinabove and the Town is named as a dual obligee on
each such bond. Additionally, such alternative financial assurances shall only
be allowed if each meets all requirements specified in Section 7.2 of the Town of
Trophy Club Subdivision Regulations. All such alternative financial assurances
must be on forms approved by the Town Attorney.
E. The performance bond(s) shall be submitted in statutory form guaranteeing the full
and faithful completion of the facilities and improvements required under this
Agreement for completion of the PROJECT to the TOWN and provide for payment
to the TOWN of such amounts up to the total remaining amounts required for the
completion of the PROJECT if the work is not completed as required hereunder.
N 12/1/2010
2 of 10Neighborhood 4, Phase 2A Subdivider’s AgreementTown Council 155 of 235 Meeting Date: December 6, 2010
F. The payment bond(s) shall be submitted in statutory form guaranteeing payment of
all labor and material costs of the Project and shall be furnished solely for the
protection of all claimants supplying labor and material in the performance of the
work provided for under this AGREEMENT. The maintenance bond(s) shall
guarantee the payment of any and all necessary maintenance of the Project for a
period of two (2) years following acceptance of the public improvements and
facilities by the TOWN, in an amount equal to one hundred (100%) percent of the
value of the construction costs of all the public improvements and facilities to be
constructed under this Agreement in respect to the Project.
G. Any guarantee of performance, maintenance, or payment instrument (e.g.,
performance bond, payment bond, maintenance bond, letters of credit, and/or cash
deposit or the like) (individually a “Guarantee” or collectively the “Guarantees”)
submitted by or through the DEVELOPER on a form other than the one which has
been previously approved by the TOWN as "acceptable" shall be submitted to the
Town Attorney at the DEVELOPER'S expense, and construction of the Project shall
not commence until the Town Attorney has approved such Guarantees. Approval by
the TOWN (and the Town Attorney) shall not be unreasonably withheld or delayed.
All such Guarantees shall be maintained in full force and effect until such time as the
DEVELOPER has fully complied with the terms and conditions of this
AGREEMENT as agreed to in writing by the TOWN, and failure to keep same in
force and effect shall constitute a breach of this AGREEMENT. Failure to maintain
performance and payment Guarantees meeting the requirements of this
AGREEMENT shall result in a stop work order being issued by the Town.
Additionally, all Guarantees furnished hereunder which expire prior to the
completion of construction or applicable warranty periods shall be renewed in
amounts designated by the TOWN and shall be delivered to the TOWN and
approved by the TOWN on or before the tenth (10th) banking day before the date of
expiration of any then existing Guarantee. If the DEVELOPER fails to deliver any
Guarantee to the TOWN within the time prescribed herein, such failure shall
constitute a breach of this AGREEMENT and shall be a basis for the TOWN to draw
on all or any portion of any existing Guarantee in addition to any or all other
remedies available to the TOWN. The DEVELOPER further agrees to release and
forever hold the TOWN harmless from any losses, damages and/or expenses
incurred by the DEVELOPER for any delays due to the TOWN'S review of any
Guarantee which is in a form other than one which has been previously approved by
the TOWN. The TOWN requires the DEVELOPER to have all Guarantee forms
approved prior to the commencement of work and construction of improvements.
H. It is further agreed and understood by the parties hereto that upon acceptance thereof
by the TOWN of all public improvements and facilities as described in Section II of
this Agreement, title to all such improvements and facilities shall be vested in the
TOWN, and the DEVELOPER hereby relinquishes any right, title, or interest in and
to such improvements and facilities or any part thereof. It is further understood and
agreed that until the TOWN accepts such improvements and facilities, the TOWN
shall have no liability or responsibility with respect thereto. Acceptance of the
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improvements and facilities shall occur at such time as the TOWN, through its
TOWN Engineer, provides the DEVELOPER with a written acknowledgment that
all improvements and facilities are complete, have been inspected and approved and
are being accepted by the TOWN.
I. The DEVELOPER’S Engineer has prepared detailed estimates of $999,976.56 and
the TOWN Engineer has approved an estimate of $999,976.56 for the cost of public
improvements and facilities for this Project. The detailed cost estimates are a part of
this AGREEMENT and are attached hereto as "Attachment A" and incorporated
herein. The TOWN shall not accept any construction improvements outside of the
Project and the two (2) year warranty for such improvements shall not commence
until all construction activities are completed and accepted by the TOWN.
J. Upon TOWN’S approval and acceptance of the final plat and the engineering plans,
the final plat will be recorded with the County Clerk of Denton County. No building
permits will be issued for any lots on/in the Project until the final plat is filed and the
public improvements and facilities specified herein are completed and accepted by
the TOWN.
K. The DEVELOPER, DEVELOPER'S contractors (prime, general and major
subcontractors) and TOWN, as well as any other third party deemed necessary by the
Town, shall participate in a pre-construction conference prior to the initiation of any
work. At or prior to the pre-construction meeting, Developer shall provide the
TOWN with the following documents: 1) Two (2) copies of all executed
construction contracts; 2) List of all contractors/subcontractors and their project
assignments; 3) Five (5) sets (and additional sets as necessary for any contractors) of
approved construction plans and specifications. The list of contractors/subcontractors
shall be updated within seven days of any changes. The DEVELOPER agrees to
give the TOWN at least twenty-four (24) hours prior written notice of his/her intent
to commence construction of all public improvements and facilities, so that the
TOWN, if it so desires, may have its representatives available to inspect the
beginning and continuing progress of all work. Developer shall submit all
documentation evidencing that each of the Guarantees required under this
Agreement have been provided and all required insurance has been obtained prior to
the pre-construction meeting.
L. The DEVELOPER agrees to notify all contractors and subcontractors working on the
PROJECT that all their work is subject to inspection by a TOWN Inspector at any
time, and that such inspection may require a certification by the contractors and
subcontractors of the type, kind, and quality of materials used on the PROJECT.
M. Should any work or construction of improvements or facilities on the PROJECT
which has not been contemplated in the current construction documents (plans and
specifications), the plat, or this AGREEMENT, become necessary due to site
conditions, then the DEVELOPER shall be required to contact in writing (with a
copy to the TOWN of Trophy Club), with the TOWN Engineer to determine how
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such work or construction should progress. The DEVELOPER further agrees to
follow all reasonable recommendations and requirements imposed by the TOWN
Engineer in such instance. (Addresses for points of contact are as follows:)
Town of Trophy Club Teague, Nall & Perkins
Stephen Seidel, Acting Town Manager Tom Rutledge, Town Engineer
100 Municipal Drive 1100 Macon Street
Trophy Club, Texas 76262 Fort Worth, Texas 76102
Phone: 682-831-4600 Phone: 817-336-5773
Fax: 817-490-0705 Fax: 817-336-2813
Email: sseidel@ci.trophyclub.tx.us Email: trutledge@tnp-online.com
N. The DEVELOPER agrees to cause all work and construction of improvements and
facilities to be stopped upon twenty-four (24) hour notification from the TOWN
Engineer of nonconforming improvements, including the materials used and the
methods of installation. The DEVELOPER further agrees to correct all
nonconformities in accordance with the TOWN Engineer’s instructions.
O. The DEVELOPER is encouraged not to convey title of any lots of the PROJECT,
until all construction in respect to the PROJECT required in Section II is complete
and the TOWN has approved and accepted the work and improvements in respect
thereof. The DEVELOPER understands that the TOWN will issue no building
permits for improvements on any lot in the Project until all public improvements and
facilities in respect to the Project are completed in accordance with this Agreement.
Further, DEVELOPER agrees to inform all persons or entities purchasing the lots or
any interest in the lots that TOWN will not issue any building permits until all public
improvements and facilities are completed in accordance with this Agreement.
P. After completion and prior to acceptance of all work, the DEVELOPER must furnish
to the TOWN an affidavit of all bills paid.
Q. Developer is responsible for development of a Homeowners Association (HOA) and
Developer/HOA is responsible for maintenance of all common areas.
II. PUBLIC IMPROVEMENTS AND FACILITIES TO BE CONSTRUCTED
A. The following public improvements and facilities are to be constructed and completed
in accordance with the approved plans and specifications as described in Attachment
“B”:
1) Water Distribution System.
2) Sanitary Sewer System.
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3) Drainage and Storm Sewer System.
4) Street Paving.
5) Landscaping.
6) Fences/Walls/Retaining Walls.
7) Signs – Shall comply with Sign Regulations.
8) Driveways and Walkways.
9) Lights – Street lights shall be installed as designated on street light layout plan
approved by Town and submitted to Oncor.
10) Homeowners Association shall maintain all open space and common areas in
Neighborhood 4, Phase 2A; these areas are designated on the Final Plat as:
i. Public Open Space, Lot 1, Block H
ii. Common Area 14, 0.700 acres
iii. Common Area 15, 0.209 acres
iv. Common Area 16 & W.E.
11) Parkland Dedication requirement for this subdivision was satisfied with the
parkland given as part of PD-27, Ordinance No. 2007-15 P&Z.
B. Other.
1. Bench marks to be located as shown on the approved plans.
2. Upon completion, three (3) sets of as-builts/record drawings shall be submitted to
the TOWN within two (2) months following the acceptance of the public
improvements and facilities.
3. Testing
The Developer shall provide all geotechnical and materials tests required by the
TOWN Engineer and TOWN Inspector at the DEVELOPER’S cost in accordance
with Section 7.03 of Article 7, Chapter 12 of the Town’s Code of Ordinances.
Such tests shall be conducted by an independent laboratory acceptable to the
Town.
4. Permits
The DEVELOPER will pay a Community Facilities inspection fee in the amount
of $49,998.83 (5% of $999,976.56) to cover the cost of TOWN inspection fees as
related to the construction of the Project. The Developers may be obligated to
pay other TOWN fees as set forth in the TOWN’S Schedule of Fees, as may be
amended from time to time. The DEVELOPER will be responsible for obtaining
any other permits which may be required by other federal, state or local
authorities.
5. Planned Development District No. 27.
Developer shall construct and maintain all improvements in accordance with the
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6 of 10Neighborhood 4, Phase 2A Subdivider’s AgreementTown Council 159 of 235 Meeting Date: December 6, 2010
TOWN approved Planned Development District No. 27 and all TOWN approved
amendments thereto in addition to all other Town ordinances.
III. GENERAL PROVISIONS
A. The DEVELOPER agrees to furnish and maintain at all times prior to the TOWN’S
final acceptance of the public improvements and community facilities for the Project,
an owners protective liability insurance policy naming the TOWN as insured for
property damage and bodily injury in the amounts. Coverage shall be on an
“occurrence” basis and shall be issued with a combined bodily injury and property
damage minimum limit of $600,000 per occurrence and $1,000,000 aggregate.
B. Exclusive venue of any action brought hereunder shall be in Denton, Denton County,
Texas.
C. Approval by the TOWN Engineer of any plans, designs or specifications submitted
by the DEVELOPER pursuant to this AGREEMENT shall not constitute or be
deemed to be a release of the responsibility and liability of the DEVELOPER, his
engineer, employees, officers or agents with respect to the construction of any of the
PROJECT’S improvements or facilities, or for the accuracy and competency of the
PROJECT’S improvements and facilities design and specifications prepared by the
DEVELOPER'S consulting engineer, his officers, agents, servants or employees, it
being the intent of the parties that the approval by the TOWN Engineer signifies the
TOWN'S approval on only the general design concept of the improvements and
facilities to be constructed. The DEVELOPER shall release, indemnify, defend and
hold harmless the TOWN, its officers, agents, servants and employees, from any
demands, actions, causes of action, obligations, loss, damage, liability or expense,
including attorneys fees and expenses, on account of or with respect to damage to
property and injuries, including death, to any and all persons which may arise out of
or result from any defect, deficiency or negligence in the construction of the
PROJECT’S public improvements and facilities or with respect to the
DEVELOPER'S Engineer’s designs and specifications incorporated into any
improvements and facilities constructed in accordance therewith, and the
DEVELOPER shall defend at his own expense any suits or other proceedings
brought against the TOWN, its officers, agents, servants or employees, or any of
them, on account thereof, and pay all expenses and satisfy all judgments which may
be incurred or rendered against them or any of them in connection herewith. All
responsibility and liability for drainage to adjacent and downstream properties from
development of this PROJECT will accrue to the DEVELOPER.
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D. Liability for construction. The DEVELOPER, its successors, permittees, permitted
assigns, vendors, grantees and/or trustees do hereby fully release and agree to
indemnify, hold harmless and defend the TOWN, its officers, agents, servants and
employees from all losses, damage liabilities, claims, obligations, penalties, charges,
costs or expenses of any nature whatsoever, for property damage, personal injury or
death, resulting from or in any way connected with this contract or the construction
of the improvements or facilities or the failure to safeguard construction work, or any
other act or omission of the DEVELOPER or its contractors or subcontractors, their
officers, agents, servants or employees related thereto.
E. Final Acceptance of Infrastructure. The TOWN will not issue a Letter of
Acceptance until all public facilities and improvements are completely constructed
(Final Completion) to the satisfaction of the TOWN Engineer or his agent.
However, upon Substantial Completion, a “punch list” of outstanding items shall be
presented to the Developer’s contractor(s) indicating those outstanding items and
their deficiencies that need to be addressed for Final Completion of the
Improvements.
F. Neither this Agreement nor any part hereof or any interests, rights, or obligations
herein, shall not be assigned by the DEVELOPER without the express written
consent of the TOWN Council.
G. All work performed under this AGREEMENT shall be completed within eighteen
months from the date hereof. In the event the work is not completed within the
eighteen (18) month period, the TOWN may, at its sole election, draw down or
otherwise exercise it rights under or with respect to any Guarantee provided by the
DEVELOPER and complete such work at DEVELOPER'S expense; provided,
however, that if the construction under this AGREEMENT shall have started within
the eighteen (18) month period, the TOWN may agree to renew the AGREEMENT
with such renewed AGREEMENT to be in writing and in compliance with the
TOWN policies in effect at that time. Notwithstanding the foregoing, in the event
that the performance by either party of any of its’ obligations or undertakings
hereunder shall be interrupted or delayed by any occurrence and not occasioned by
the conduct of either party hereto, whether such occurrence be an act of God or the
common enemy or the result of war, riot, civil commotion, or sovereign conduct,
then upon written notice of such occurrence, such party shall be excused from
performance for a period of time as is reasonably necessary after such occurrence to
remedy the effects thereof, and each party shall bear the cost of any expense it may
incur due to the occurrence.
H. This Subdivider's AGREEMENT shall be construed in accordance with the Town of
Trophy Club, Texas Subdivision Regulations and all other applicable ordinances.
Any conflicts between the provisions of this Subdivider’s AGREEMENT, the
TOWN'S Subdivision Regulations, Town Ordinances, and State and Federal law,
shall be construed in favor of the Town’s ordinance(s) as allowed by law, subject to
Chapter 245 of the Local Government Code. To the extent that any such conflict
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8 of 10Neighborhood 4, Phase 2A Subdivider’s AgreementTown Council 161 of 235 Meeting Date: December 6, 2010
exists, only that portion of the Subdivider’s AGREEMENT which is in conflict shall
be severable from the other provisions of the AGREEMENT, and such conflict shall
in no manner affect the validity or enforceability of the remaining provisions.
I. All rights, remedies and privileges permitted or available to the TOWN under this
AGREEMENT or at law or equity shall be cumulative and not alternative, and
election of any such right, remedy or privilege shall not constitute a waiver or
exclusive election of rights, remedies or privileges with respect to any other
permitted or available right, remedy or privilege. Additionally, one instance of
forbearance by the Town in the enforcement of any such right, remedy or privilege,
shall not constitute a waiver of such right, remedy or privilege by the Town. A
default under this Agreement by the TOWN shall not result in a forfeiture of any
rights, remedies, or privileges under this Agreement by the TOWN.
SIGNED AND EFFECTIVE on the date last set forth below.
DEVELOPER: K. Hovnanian Homes – DFW L.L.C.
By:
Date:
By:
Project Manager
Date:
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9 of 10Neighborhood 4, Phase 2A Subdivider’s AgreementTown Council 162 of 235 Meeting Date: December 6, 2010
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10 of 10Neighborhood 4, Phase 2A Subdivider’s Agreement
DEVELOPER: Standard Pacific of Texas, Inc.
By:
Date:
By:
Project Manager
Date:
TOWN OF TROPHY CLUB:
By:
Mayor, Town of Trophy Club
ATTEST:
___________________________
Town Secretary, Town of Trophy Club
Date: ______________________
APPROVED AS TO FORM:
____________________________
Town Attorney, Town of Trophy Club
Town Council 163 of 235 Meeting Date: December 6, 2010
Town Council 164 of 235 Meeting Date: December 6, 2010
Town Council 165 of 235 Meeting Date: December 6, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-627-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/30/2010 Town Council
On agenda:Final action:12/6/2010
Title:Consider and take appropriate action regarding an Ordinance of The Town of Trophy Club, Texas
Amending the FY 2009-2010 Budget of The Town of Trophy Club, Texas; Providing for the
Incorporation of Premises; Providing for an Amendment (Budget Amendment No. 6 Making A
Supplemental Appropriation In Accordance With The Town Charter); Providing a Savings and
Repealer Clause; Providing for Severability; Providing for Engrossment and Enrollment; and Providing
an effective date.
Attachments:ORD 2010-31 Budget Amendment #6 for 09-10 FY.pdf
Action ByDate Action ResultVer.
Town Council 166 of 235 Meeting Date: December 6, 2010
File #: 2010-627-T, Version: 1
Title
Consider and take appropriate action regarding an Ordinance of The Town of Trophy Club, Texas Amending the
FY 2009-2010 Budget of The Town of Trophy Club, Texas; Providing for the Incorporation of Premises;
Providing for an Amendment (Budget Amendment No. 6 Making A Supplemental Appropriation In Accordance
With The Town Charter); Providing a Savings and Repealer Clause; Providing for Severability; Providing for
Engrossment and Enrollment; and Providing an effective date.
Background
The 2009-2010 Fiscal Year Budget included estimated engineering fees associated with development plan review for the
Highlands' Neighborhoods 1, 5, and 6. In July 2010, the developer also submitted Highlands' Neighborhoods 3 and 4 for
review. The attached ordinance amends the 2009-2010 budget by appropriating $6,000 of the additional Highlands'
developer's fee to cover the engineering costs associated with the development plan review for Neighborhoods 3 and 4.
Recommendation
Management recommends approval.
Goals
Goal #8: Economically diverse, prosperous community
Enact progressive economic initiatives
Investigate Progressive Zoning Concept
Town Council 167 of 235 Meeting Date: December 6, 2010
TOWN OF TROPHY CLUB
ORDINANCE NO. 2010-31
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING THE FY 2009-2010 BUDGET OF THE TOWN OF TROPHY
CLUB, TEXAS; PROVIDING FOR THE INCORPORATION OF
PREMISES; PROVIDING FOR AN AMENDMENT (BUDGET
AMENDMENT NO. 6 MAKING A SUPPLEMENTAL APPROPRIATION
IN ACCORDANCE WITH THE TOWN CHARTER); PROVIDING A
SAVINGS AND REPEALER CLAUSE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas Fiscal Year 2009-2010 Budget was
adopted within the time and in the manner required by State Law; and
WHEREAS, Section 9.13 of the Town’s Home Rule Charter provides that the
Council may make changes in the budget for any municipal purpose or as otherwise
permitted by law; and
WHEREAS, the Town continues to process transactions from the Fiscal Year
2009-2010 as its annual audit is being conducted and as the Town closes out its books
for the 2009-2010 budget year; and
WHEREAS, the Town has not officially closed its books for the Fiscal Year 2009-
2010 Budget; and
WHEREAS, in that Budget, the Town Council appropriated funds for engineering
services related to development plan review for the Highlands’ Neighborhoods 1, 5, and
6; and
WHEREAS, In July 2010, the developer also submitted Highlands’
Neighborhoods 3 and 4 for plan review requiring additional engineering services; and
WHEREAS, A portion of the Highland's developer's fees paid in 2010 associated
with Neighborhoods 3 and 4; and
WHEREAS, this amendment appropriates $6,000 of the Highlands' developer’s
fee; and
WHEREAS, Section 9.06 (a) of the Town Charter provides for supplemental
appropriations if during the fiscal year the Town Manager certifies that revenues in
excess of those estimated in the budget are available for appropriation; and
ORDINANCE NO. 2010-31
1
Town Council 168 of 235 Meeting Date: December 6, 2010
WHEREAS, upon a certification of excess revenues by the Town Manager, the
Council by ordinance may make supplemental appropriations for the year up to the
amount of the excess revenues; and
WHEREAS, the Town Manager has certified that there are available for
appropriations $6,000 in excess revenues above those estimated in the FY 2009-2010
Budget, a copy of the Town Manager’s Certification is attached hereto and incorporated
herein as Exhibit “A”; and
WHEREAS, the Town Council accepts the Town Manager’s certification and
recommendation and finds that in the foregoing circumstances, appropriations are
necessary and therefore determines it appropriate to approve this Ordinance making a
supplemental appropriation of $6,000 as Amendment No. 6 to the FY 2009-2010
Budget as more specifically set forth in Exhibit “B”, attached hereto and incorporated
herein; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas hereby finds
and determines that it is prudent to amend the FY 2009-2010 Budget as set forth in
Exhibit “B” due to the availability of excess revenues; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas further finds
that the amendment, as set forth in Exhibit “B”, will serve in the public interest and is
necessary to support Town operations; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas finds and
determines that the change in the Budget for the stated municipal purpose serves best
interests of the taxpayers, is necessary and warrants action at this time;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
The Town of Trophy Club, Texas, Fiscal Year 2009-2010 Budget is hereby
amended to provide for a supplemental appropriation in the amount of $6,000 as set
forth in Exhibit “B”. This Amendment No. 6 (Exhibit “B”) to the Original FY 2009-
2010 Budget of the Town of Trophy Club, Texas, for the Fiscal Year 2009-2010 shall be
attached to and made part of the Original Budget by the Town Secretary and shall be
ORDINANCE NO. 2010-31
2
Town Council 169 of 235 Meeting Date: December 6, 2010
filed in accordance with State Law. This Ordinance is hereby adopted and shall
constitute the sixth budget amendment that has occurred since the October 1, 2009
effective date of the Town’s Fiscal Year 2009-2010 Budget.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting the Fiscal Year 2009-2010 Budget of the Town and shall not repeal any of the
provisions of such Ordinances except in those instances where provisions of those
Ordinances are in direct conflict with the provisions of this Ordinance; whether such
Ordinances are codified or uncodified, and all other provisions of the Ordinances of the
Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this
Ordinance, shall remain in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of the Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in the Ordinance records of the Town and to properly record
this Ordinance in accordance with the Town Charter.
SECTION 6.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 6th day of December, 2010.
ORDINANCE NO. 2010-31
3
Town Council 170 of 235 Meeting Date: December 6, 2010
Mayor Connie White
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Acting Town Secretary, Shannon DePrater
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Town Attorney, Patricia Adams
Town of Trophy Club, Texas
ORDINANCE NO. 2010-31
4
Town Council 171 of 235 Meeting Date: December 6, 2010
Exhibit "Au
Town Manager Certification of Revenue Excess
The Town has revenues in excess of those estimated in the FY 2009-2010
Budget available for appropriation. The amount of excess revenue available for
appropriation is $6,000 . It is my recommendation that the moneys be used for
the purposes specified in Budget Amendment NO . 6 to e F 009-2010 Budget.
Mike Slye, Town anager
Date: I zit.. ~()
I
ORDINANCE NO. 20105
Town Council 172 of 235 Meeting Date: December 6, 2010
ORDINANCE NO. 2010-31
6
Exhibit “B”
Town of Trophy Club
Budget Amendment No. 6
Fiscal Year 2009‐2010 General Fund Revenue and Expenditure Budget Increases
of $6,000 for Developer’s Fees and Engineering Fees associated with
development plan review.
Original Budget Amendment Amended Budget
Revenue:
Developer’s Fees $ 56,500 $ 6,000 $ 62,500
Expenditure:
Engineering Services $ 40,000 $ 6,000 $ 46,000
Town Council 173 of 235 Meeting Date: December 6, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-628-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/30/2010 Town Council
On agenda:Final action:12/6/2010
Title:Consider and take appropriate action regarding an Ordinance of The Town of Trophy Club, Texas
amending the FY 2009-2010 Budget of The Town of Trophy Club, Texas; Providing for the
Incorporation of Premises; Providing for an Amendment (Budget Amendment No. 7 Making A
Supplemental Appropriation In Accordance With The Town Charter); Providing a Savings and
Repealer Clause; Providing for Severability; Providing for Engrossment and Enrollment; and Providing
an Effective Date.
Attachments:ORD 2010-32 Budget Amendment #7 for 09-10 FY.pdf
Action ByDate Action ResultVer.
Town Council 174 of 235 Meeting Date: December 6, 2010
File #: 2010-628-T, Version: 1
Title
Consider and take appropriate action regarding an Ordinance of The Town of Trophy Club, Texas amending the FY 2009
-2010 Budget of The Town of Trophy Club, Texas; Providing for the Incorporation of Premises; Providing for an
Amendment (Budget Amendment No. 7 Making A Supplemental Appropriation In Accordance With The Town Charter);
Providing a Savings and Repealer Clause; Providing for Severability; Providing for Engrossment and Enrollment; and
Providing an Effective Date.
Background
The 2009-2010 Fiscal Year Budget included estimated revenues and expenses associated with trash removal and
recycling. On January 18, 2010 the Council approved a rate increase with Allied Waste. In addition, the Town also
experienced unanticipated growth in residential housing which impacted the level of trash removal and recycling. The
attached ordinance amends these revenue and expense budgets for the unanticipated increases.
Recommendation
Management recommends approval.
Goals
Goal #8: Economically diverse, prosperous community
Enact progressive economic initiatives
Investigate Progressive Zoning Concept
Town Council 175 of 235 Meeting Date: December 6, 2010
TOWN OF TROPHY CLUB
ORDINANCE NO. 2010-32
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING THE FY 2009-2010 BUDGET OF THE TOWN OF TROPHY
CLUB, TEXAS; PROVIDING FOR THE INCORPORATION OF
PREMISES; PROVIDING FOR AN AMENDMENT (BUDGET
AMENDMENT NO. 7 MAKING A SUPPLEMENTAL APPROPRIATION
IN ACCORDANCE WITH THE TOWN CHARTER); PROVIDING A
SAVINGS AND REPEALER CLAUSE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas Fiscal Year 2009-2010 Budget was
adopted within the time and in the manner required by State Law; and
WHEREAS, Section 9.13 of the Town’s Home Rule Charter provides that the
Council may make changes in the budget for any municipal purpose or as otherwise
permitted by law; and
WHEREAS, the Town continues to process transactions from the Fiscal Year
2009-2010 as its annual audit is being conducted and as the Town closes out its books
for the 2009-2010 budget year; and
WHEREAS, the Town has not officially closed its books for the Fiscal Year 2009-
2010 Budget; and
WHEREAS, in that Budget, the Town Council appropriated funds for trash
removal and recycling; and
WHEREAS, the Town Council approved a rate increase with Allied Waste at the
January 18, 2010 council meeting; and
WHEREAS, the Town also experienced unanticipated growth in residential
housing which impacted the level of trash removal and recycling during the 2009-2010
fiscal year; and
WHEREAS, this amendment appropriates $44,000 of trash revenue; and
WHEREAS, Section 9.06 (a) of the Town Charter provides for supplemental
appropriations if during the fiscal year the Town Manager certifies that revenues in
excess of those estimated in the budget are available for appropriation; and
ORDINANCE NO. 2010-32
1
Town Council 176 of 235 Meeting Date: December 6, 2010
WHEREAS, upon a certification of excess revenues by the Town Manager, the
Council by ordinance may make supplemental appropriations for the year up to the
amount of the excess revenues; and
WHEREAS, the Town Manager has certified that there are available for
appropriations $44,000 in excess revenues above those estimated in the FY 2009-2010
Budget, a copy of the Town Manager’s Certification is attached hereto and incorporated
herein as Exhibit “A”; and
WHEREAS, the Town Council accepts the Town Manager’s certification and
recommendation and finds that in the foregoing circumstances, appropriations are
necessary and therefore determines it appropriate to approve this Ordinance making a
supplemental appropriation of $44,000 as Amendment No. 7 to the FY 2009-2010
Budget as more specifically set forth in Exhibit “B”, attached hereto and incorporated
herein; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas hereby finds
and determines that it is prudent to amend the FY 2009-2010 Budget as set forth in
Exhibit “B” due to the availability of excess revenues; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas further finds
that the amendment, as set forth in Exhibit “B”, will serve in the public interest and is
necessary to support Town operations; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas finds and
determines that the change in the Budget for the stated municipal purpose serves best
interests of the taxpayers, is necessary and warrants action at this time;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
The Town of Trophy Club, Texas, Fiscal Year 2009-2010 Budget is hereby
amended to provide for a supplemental appropriation in the amount of $44,000 as set
forth in Exhibit “B”. This Amendment No. 7 (Exhibit “B”) to the Original FY 2009-
2010 Budget of the Town of Trophy Club, Texas, for the Fiscal Year 2009-2010 shall be
attached to and made part of the Original Budget by the Town Secretary and shall be
filed in accordance with State Law. This Ordinance is hereby adopted and shall
ORDINANCE NO. 2010-32
2
Town Council 177 of 235 Meeting Date: December 6, 2010
constitute the seventh budget amendment that has occurred since the October 1, 2009
effective date of the Town’s Fiscal Year 2009-2010 Budget.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting the Fiscal Year 2009-2010 Budget of the Town and shall not repeal any of the
provisions of such Ordinances except in those instances where provisions of those
Ordinances are in direct conflict with the provisions of this Ordinance; whether such
Ordinances are codified or uncodified, and all other provisions of the Ordinances of the
Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this
Ordinance, shall remain in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of the Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in the Ordinance records of the Town and to properly record
this Ordinance in accordance with the Town Charter.
SECTION 6.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 6th day of December, 2010.
Connie White, Mayor
Town of Trophy Club, Texas
ORDINANCE NO. 2010-32
3
Town Council 178 of 235 Meeting Date: December 6, 2010
[SEAL]
ATTEST:
Shannon DePrater, Interim Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
ORDINANCE NO. 2010-32
4
Town Council 179 of 235 Meeting Date: December 6, 2010
Exhibit "A"
Town Manager Certification of Revenue Excess
The Town has revenues in excess of those estimated in the FY 2009-2010 Budget
available for appropriation. The amount of excess revenue available for appropriation is
$44,000 . It is my recommendation that the moneys be used for the purposes specified
in Budget Amendment NO.7 to the FY 2009-2010 B ge .
Mike Slye, To n Manager
Date: It-hid
~ I '
ORDINANCE NO. 20105
Town Council 180 of 235 Meeting Date: December 6, 2010
ORDINANCE NO. 2010-32
6
Exhibit “B”
Town of Trophy Club
Budget Amendment No. 7
Fiscal Year 2009‐2010 General Fund Revenue and Expenditure Budget Increases of
$44,000 for trash removal and recycling.
Original Budget Amendment Amended Budget
Revenue:
Trash and Recycling Revenue $ 344,000 $ 44,000 $ 388,000
Expenditure:
Trash and Recycling $ 344,000 $ 44,000 $ 388,000
Town Council 181 of 235 Meeting Date: December 6, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-448-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:8/30/2010 Town Council
On agenda:Final action:9/27/2010
Title:Consider and take appropriate action regarding an Ordinance relative to the Town's participation in
TMRS by authorizing the Town to make current and prior service contributions to the Town's account
in the Municipal Accumulation Fund of TMRS; and providing an effective date.
Attachments:ORD 2010-33 TMRS.pdf
Action ByDate Action ResultVer.
Town Council 182 of 235 Meeting Date: December 6, 2010
File #: 2010-448-T, Version: 1
Title
Consider and take appropriate action regarding an Ordinance relative to the Town's participation in TMRS by authorizing
the Town to make current and prior service contributions to the Town's account in the Municipal Accumulation Fund of
TMRS; and providing an effective date.
Background
The Texas Municipal Retirement System (TMRS) was established by legislators in 1947 and is administered in
accordance with the Texas Municipal RetirementSystem Act (Texas Government Code, Title 8, Subtitle G). Trophy Club
is one of more than 800 Texas municipalities which make up TMRS. The Trophy Club Municipal Utility District No. 1
employees are allowed to participate in TMRS through the Town of Trophy Club.
In 2009, during the 81
st Legislative Session, the Texas House and Senate unanimously voted to make several changes to
the system to ensure its long-term future soundness, including changes in the system’s investment program, as well as,
actuarial methodology. These updates were completed in the summer of 2010 and require member cities/towns to
approve an ordinance incorporating the changes by January 1, 2011.
Recommendation
Management recommends approval.
Goals
Goal # 3: Community with shared vision
Forge collaborative relationships with other governmental/public entities
Create a positive regional identity
Town Council 183 of 235 Meeting Date: December 6, 2010
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2010-33
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AUTHORIZING THE TOWN TO MAKE CURRENT SERVICE AND
PRIOR SERVICE CONTRIBUTIONS TO THE TOWN’S ACCOUNT IN
THE MUNICIPAL ACCUMULATION FUND OF THE TEXAS MUNICIPAL
RETIREMENT SYSTEM AT THE ACTUARIALLY DETERMINED RATE
OF TOTAL EMPLOYEE COMPENSATION; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club (hereinafter “Town”), is a participating
municipality in the Texas Municipal Retirement System (hereinafter “System”), and has
undertaken to provide certain retirement death and disability benefits to all its
employees pursuant to Subtitle B, Title 8, Government Code, (hereinafter, the “TMRS
Act”); and
WHEREAS, In 2009, during the 81st Legislative Session, the Texas House and
Senate unanimously voted to make several changes to the System to ensure its long-
term future soundness, including changes in the System’s investment program, as well
as, actuarial methodology; and
WHEREAS, updates were completed in the summer of 2010 and require
member cities/towns to approve an ordinance incorporating the changes by January 1,
2011; and
WHEREAS, the Town Council desires to adopt this Ordinance taking action
necessary to authorize contributions to the Town’s account in the Municipal
Accumulation Fund of the Texas Municipal Retirement System at the actuarially
determined rate.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. Incorporation of Premises. The above and foregoing premises are
true and correct and are incorporated into the body of this Ordinance and made a part
hereof for all purposes.
Section 2. Municipal Accumulation Fund of TMRS. Pursuant to Section
855.407(g) of the TMRS Act, the Town hereby elects to make future normal and prior
service contributions to its account in the municipal accumulation fund of the System at
such combined rate of the total compensation paid by the Town to employees who are
members of the System, as the System's actuary shall annually determine as the rate
necessary to fund, within the amortization period determined as applicable to the Town
Ordinance 2010-33 1
Town Council 184 of 235 Meeting Date: December 6, 2010
Ordinance 2010-33 2
under the TMRS Act, the costs of all benefits which are or may become chargeable to
or are to be paid out of the Town’s account in said accumulation fund, regardless of
other provisions of the TMRS Act limiting the combined rate of Town contributions.
Section 3. Engrossment and Enrollment. The Town Secretary of the Town of
Trophy Club is hereby directed to engross and enroll this Ordinance by filing this
Ordinance in the ordinance records of the Town as required in the Town Charter.
Section 4. Effective Date. This Ordinance shall take effect on January 1,
2011, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 6th day of December.
Connie White, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Shannon DePrater, Interim Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
Town Council 185 of 235 Meeting Date: December 6, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-623-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/30/2010 Town Council
On agenda:Final action:12/6/2010
Title:Consider and take appropriate action regarding an Ordinance approving a Code of Conduct / Ethics
Ordinance and establishing an Ethics Commission.
Attachments:
Action ByDate Action ResultVer.
Town Council 186 of 235 Meeting Date: December 6, 2010
File #: 2010-623-T, Version: 1
Title
Consider and take appropriate action regarding an Ordinance approving a Code of Conduct / Ethics Ordinance and
establishing an Ethics Commission.
Goals
Goal #1: Safe and secure community.
Maintain Trophy Club’s Low crime rate
Increase positive visibility through community policing initiatives
Provide superior Emergency Services
Increase citizen involvement
Town Council 187 of 235 Meeting Date: December 6, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-653-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/3/2010 Town Council
On agenda:Final action:12/6/2010
Title:Consider and take appropriate action regarding a Resolution approving the proposed terms of a
settlement between the Town and Travelers Companies Inc., relative to a bond claim on the Contract
for Paving, Grading and Utility Improvements for the Highlands of Trophy Club Master Improvements
Phase 2; authorizing the Town Manager to finalize settlement documents and to execute all
necessary and related documents; and providing an effective date.
Attachments:RES 2010-25 - Signature Authority Settlement.pdf
Action ByDate Action ResultVer.
Town Council 188 of 235 Meeting Date: December 6, 2010
File #: 2010-653-T, Version: 1
Title
Consider and take appropriate action regarding a Resolution approving the proposed terms of a settlement between the
Town and Travelers Companies Inc., relative to a bond claim on the Contract for Paving, Grading and Utility
Improvements for the Highlands of Trophy Club Master Improvements Phase 2; authorizing the Town Manager to finalize
settlement documents and to execute all necessary and related documents; and providing an effective date.
Goals
Goal #5: A community in which the infrastructure supports its residents
Develop a realistic Capital Improvement Plan
Build a premier parks system
Attracts visitors to park destinations
Provide necessary resources to maintain all improvements, new and existing
Town Council 189 of 235 Meeting Date: December 6, 2010
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2010-25
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS APPROVING THE PROPOSED TERMS OF A
SETTLEMENT BETWEEN THE TOWN AND TRAVELERS COMPANIES,
INC. RELATIVE TO A CLAIM ON A MAINTENANCE BOND FOR THE
CONTRACT FOR PAVING, GRADING AND UTILITY IMPROVEMENTS
FOR THE HIGHLANDS OF TROPHY CLUB MASTER IMPROVEMENTS
PHASE 2; AUTHORIZING THE TOWN MANAGER TO FINALIZE
SETTLEMENT DOCUMENTS AND TO EXECUTE ALL NECESSARY
AND RELATED DOCUMENTS TO EFFECT THAT SETTLEMENT IN
ACCORDANCE WITH THE PROPOSED TERMS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on or about March, 2008, the Town entered into a contract with
Four D Construction Inc. (hereinafter “Construction Contractor”) pursuant to a
competitive bid, for Paving, Draining and Utility Improvements for The Highlands at
Trophy Club Master Improvements Phase 2 (hereinafter “Contract”); and
WHEREAS, the Construction Contractor provided Maintenance Bond
#105074273 with Travelers Companies, Inc. serving as the surety on that bond
(hereinafter “Maintenance Bond”); and
WHEREAS, the Maintenance Bond ensured repair of defects arising within the
two (2) year period from the date of final acceptance by the Town (hereinafter
“Maintenance Period”); and
WHEREAS, during the Maintenance Period, certain defects in the work
performed under the Contract were discovered, the Town perfected its claim under the
Maintenance Bond and began negotiations with Travelers Companies, Inc (hereinafter
“Travelers”).; and
WHEREAS, after numerous meetings with representatives from Travelers, Town
staff has negotiated the terms of the settlement of the Maintenance Bond claim; and
WHEREAS, under the terms of the Settlement, Travelers has entered into a
contract with a qualified contractor who will provide all materials and labor necessary to
complete the repairs and to perform the work in accordance with the specifications in
the Contract (hereinafter “Completing Contractor”); and
WHEREAS, the Town has obtained an agreement wherein the Completing
Contractor will guarantee and warrant the construction work for a one (1) year period
after final acceptance of the repairs; and
WHEREAS, Section 3.08 of the Town Charter sets forth the powers of the Town
Council and provides that the Town Council is vested with the authority to compromise
RESOLUTION 2010-25 1
Town Council 190 of 235 Meeting Date: December 6, 2010
RESOLUTION 2010-25 2
and settle any and all claims, demands and lawsuits, of every kind and character, in
favor of, or against, the Town; and
WHEREAS, Section 4.05 of the Town Charter sets forth the powers and duties of
the Town Manager as the Chief Administrative Officer of the Town, and specifically
provides that the Town Manager shall have the power to perform such other duties as
may be prescribed by the Council; and
WHEREAS, Council has considered the proposed terms of the settlement of the
Maintenance Bond claim between the Town and Travelers, and finds those terms to be
beneficial to the Town and to serve the best interests of the residents; and
WHEREAS, Council further finds the nature of the defects in the work performed
under the Contract necessitates prompt action so that Completing Contractor can
commence the necessary repairs.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the Town Council does hereby approve the proposed terms of
the settlement between the Town and Travelers Companies, Inc., and authorizes the
Town Manager to finalize settlement documents and to execute all necessary and
related documents to effect that settlement in accordance with the proposed terms.
Section 2. This Resolution shall take effect from and after its date of passage.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 6th day of December, 2010.
______________________________
Connie White, Mayor
Town of Trophy Club, Texas
ATTEST:
_____________________________________
Shannon DePrater, Interim Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
______________________________________
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
Town Council 191 of 235 Meeting Date: December 6, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-652-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/2/2010 Town Council
On agenda:Final action:12/6/2010
Title:Consider and take appropriate action regarding a Resolution of the Town of Trophy Club, Texas,
authorizing the Cities Aggregation Power Project, Inc. (CAPP) to negotiate an extension to the current
electric supply services agreement with Next Era for a fixed price through 2018; authorizing the
Chairman of CAPP to execute an extension to the current Electric Supply Agreement for deliveries of
electricity effective January 1, 2011 or as soon as possible thereafter; committing to budget for
energy purchases for Town electrical needs; and providing an effective date.
Attachments:2010 11 05 Memo.pdf
2010 11 09 Memo.pdf
CAPP 2010 Membership.pdf
RES 2010-26 - CAPP.pdf
Action ByDate Action ResultVer.
Town Council 192 of 235 Meeting Date: December 6, 2010
File #: 2010-652-T, Version: 1
Title
Consider and take appropriate action regarding a Resolution of the Town of Trophy Club, Texas, authorizing the
Cities Aggregation Power Project, Inc. (CAPP) to negotiate an extension to the current electric supply services
agreement with Next Era for a fixed price through 2018; authorizing the Chairman of CAPP to execute an
extension to the current Electric Supply Agreement for deliveries of electricity effective January 1, 2011 or as
soon as possible thereafter; committing to budget for energy purchases for Town electrical needs; and providing
an effective date.
Goals
Goal # 3: Community with shared vision
Forge collaborative relationships with other governmental/public entities
Create a positive regional identity
Town Council 193 of 235 Meeting Date: December 6, 2010
1813/00/1218170
816 Congress Avenue, Suite 1900
Austin, Texas 78701
Telephone: (512) 322-5800
Facsimile: (512) 472-0532
www.lglawfirm.com
Mr. Gay’s Direct Line: (512) 322-5875
Email: ggay@lglawfirm.com
M E M O R A N D U M
TO: All CAPP and STAP Members
FROM: Geoffrey M. Gay
DATE: November 5, 2010
RE: Electric Rates for 2011 and Beyond
Things are on track for the merger of CAPP and STAP, effective January 1, 2011, and for
the assumption of the new identity, Texas Coalition for Affordable Power (“TCAP”). The
merger will have no impact on existing contractual relationships with Next Era and Direct
Energy.
As all of you are aware, the current energy supply agreement expires December 31, 2013.
Energy prices for each year of the current five-year contract were locked on at the time the
contract was signed in the fall of 2008. Prices vary by ERCOT zone and for 2011, the energy
prices are scheduled to be only slightly higher than 2010 prices. The contractually scheduled
prices for 2011 are:
North Zone 7.895¢ per kWh
South Zone 8.044¢ per kWh
West Zone 5.914¢ per kWh
Houston Zone 8.447¢ per kWh
New Offer Results in Savings
The purpose of this memorandum is not so much to remind you of next year’s energy
prices as it is to inform you that you have a rare opportunity to reduce next year’s prices and
achieve significant savings over the next three years by amending and extending the existing
supply agreement.
Town Council 194 of 235 Meeting Date: December 6, 2010
November 5, 2010
Page 2
Your supplier, Next Era, has offered to liquidate the natural gas futures contracts it
secured in 2008 to give CAPP and STAP fixed electric rates for five years. Next Era would then
purchase new gas futures contracts to secure fixed pricing for an eight-year period at rates less
than rates that must be paid next year under the existing terms and conditions of the contract with
Next Era. For most CAPP and STAP members, Next Era’s offer to “blend and extend”
would reduce 2011 prices by approximately 1¢ per kWh. For the small users who consume
less than 1 million kWh annually, that reduction should result in savings of between $2,500 and
$30,000 over the remainder of the current five-year agreement. For the largest user, the savings
should approximate $5 million.
Background
The current contract is referred to as a four-party agreement. It contractually commits
CAPP and STAP to Next Era (aka, Florida Power & Light) as supplier and Direct Energy
Business Services (“DEBS”) as retail electric provider responsible for customer accounts and
billing. Each CAPP and STAP member was required to pass a resolution agreeing to be bound
by the four-party agreement and pledging to sign an individual customer energy supply
agreement with DEBS. The current contract became effective on January 1, 2009 and will
expire December 31, 2013. Under ordinary circumstances, bids for power to meet member
needs in 2014 and beyond would not have commenced until sometime in 2012.
In June, CAPP and STAP received an unsolicited offer for a block of base load energy to
be available in 2014 from distressed generation assets to be purchased by some West Texas
investors and backed by J.P. Morgan. The indicative pricing looked favorable for a five-to-
twelve-year commitment.
Both Boards were interested in the proposal. The CAPP Board directed R.J. Covington
Consulting to perform a due diligence evaluation of the proposed pricing. Consultants were able
to obtain several comparable offers, including an offer from Next Era. However, Next Era
indicated that while they were willing to discuss the block power commitment, better pricing
could be offered in a blend and extend arrangement. Indeed, their blend and extend proposal
contained more favorable pricing with less risk than any other offer. Next Era proposed to
liquidate the gas futures contracts obtained in 2008 to serve CAPP and STAP load through 2013
and to purchase new gas futures contracts at lower prices to serve CAPP’s and STAP’s full
requirements through 2018. The energy price offered to members would be fixed for eight years
subject to the same adjustment provisions (for ancillary services, nodal market prices and
changes to total member load) in the current contract. Generally speaking, members in the
North, South, and Houston ERCOT Zones would see a reduction in next year’s price of about 1¢
per kWh. Multiplying each member’s annual consumption by 1¢ yields a savings estimate for
next year.
In 2008, the excess supply in West Texas permitted CAPP members in the West Zone of
ERCOT to realize about a 2¢ reduction off of North Zone prices during the five-year contract.
Over the last year, pricing differentials between zones have narrowed significantly. Under the
blend and extend arrangement, West Zone members, including Wichita Falls, Abilene, San
Angelo, and Odessa and others should see some reduction in contract prices currently set for
Town Council 195 of 235 Meeting Date: December 6, 2010
November 5, 2010
Page 3
2011-2013, but not nearly as great as the 1¢ per kWh price reduction that should be available in
the other three zones.
Do Near-Term Savings Justify a Five Year Extension?
Two factors largely determine electric prices in the Texas deregulated market: natural gas
futures prices and heat rates which are in turn influenced by market perceptions of available
generation capacity. At this point in time, natural gas prices are low and stable and there is
excess capacity. Whether natural gas prices will remain low and stable through 2013 depends a
great deal upon the future of shale gas extraction. If environmental factors such as potential
groundwater contamination limit the production of shale gas or if the economy recovers and
industrial and electric company demand for gas increases, natural gas prices will rise. Most
analysts of population growth predict significant expansion of the population of Texas. How
soon such growth will cause demand for electricity to grow faster than supply is unknown, but
some forecasts suggest that the reserve margins for generation of electricity may dip below a
reasonable level by as early as 2013. If that happens, electric prices will rise above current
levels.
An optimistic forecast would indicate that natural gas prices will remain around current
levels for the next three or four years. To pass on an offer to reduce current contract rates and
achieve a fixed price guarantee for eight years, one has to count on gas prices continuing to
decline and for electric generation supply to remain comfortably greater than peak demand at
least through the end of 2013. Even if gas prices decline so as to justify a lower rate in 2013 for
the 2014-2016 period, it is unlikely that the rate would be sufficiently lower to justify foregoing
the potential near-term savings afforded by a blend and extend arrangement.
Your Option
Your political subdivision is under contract through 2013. You may reject the blend and
extend opportunity and remain under the current terms and conditions. If you desire to take
advantage of a blend and extend offer that produces both immediate savings and price stability
for the next eight years, your governing body will need to authorize someone to sign an amended
agreement with Next Era, if and when the CAPP and STAP Boards approve and recommend an
amendment.
Explanation of the Contracting Process
The contracting process for the blend and extend agreement is exactly like the process
used in the last several contracting periods. Your council will need to approve one of the two
attached model resolutions. One resolution (Model Resolution A) authorizes CAPP to act as an
agent to negotiate and execute a contract for the member’s electricity needs while the other
resolution (Model Resolution B) requires the city to contract with CAPP to purchase power for
the member through CAPP and to designate an individual with the power to execute the contract.
The resolutions streamline contracting procedures. The resolutions empower the
Chairman of CAPP to sign a blend and extend agreement with the current power provider on
behalf of all CAPP members for 2011-2018 energy needs. A majority of CAPP members
previously authorized the CAPP Chairman to execute the 2007 and the 2008 energy contracts on
Town Council 196 of 235 Meeting Date: December 6, 2010
November 5, 2010
Page 4
their behalf. Model Resolution A accomplishes that objective for 2011-2018. Model Resolution
B is to be adopted by those cities whose charters prevent the cities from delegating contracting
power to anyone but the mayor or other designated city representative. For those cities, the
resolution directs the city to contract with CAPP for the city’s 2011-2018 electricity needs. In
addition, both resolutions reiterate that each member is obligated only for its proportionate share
of the contracted load. Every CAPP member should expeditiously adopt one of the two
resolutions and provide a copy of the resolution to my office.
If you have any questions or need more information, please contact Geoffrey Gay
(512/322-5875, ggay@lglawfirm.com).
PLEASE NOTE: Passage of one of the attached resolutions does not guarantee that
the Next Era contract will be extended. That will only happen if both Boards conclude that
significant near-term savings and fixed prices will result. Passage of a resolution just ensures
your political subdivision the right to participate in the blend and extend agreement, if it is
finalized, approved, and recommended by the CAPP and STAP Boards.
Town Council 197 of 235 Meeting Date: December 6, 2010
1813/00/1223831
816 Congress Avenue, Suite 1900
Austin, Texas 78701
Telephone: (512) 322-5800
Facsimile: (512) 472-0532
www.lglawfirm.com
Mr. Gay’s Direct Line: (512) 322-5875
Email: ggay@lglawfirm.com
M E M O R A N D U M
TO: All CAPP & STAP Members
FROM: Geoffrey M. Gay
DATE: November 9, 2010
RE: Blend and Extend Power Agreement
Regarding last week’s communication of a possible fixed price extension to your current
power supply agreement in exchange for lower energy prices than the scheduled prices for 2011-
2013 under the existing contract, I have had several questions which I should answer generically.
First, what is the deadline for passage of a resolution authorizing the signing of a
blend and extend contract? Realizing that we cannot do much in terms of actually nailing
down prices and finalizing a contract until we know who wants to participate, the most correct
answer to the question of when do you need the authorizing resolution is, “the sooner the better.”
Electric price reductions depend upon being able to take advantage of an historically aberrant
condition of low and stable natural gas prices. We have to act before gas market conditions
change, and no one can reliably predict if or when that will occur. My response to the deadline
question then is that resolutions must be received by mid-December—say December 15th to
have any hope of completing a contract price revision and extension effective January 1st. Even
if all resolutions are returned by December 15th, it is likely that a contract cannot be executed
until sometime in January. Let us hope natural gas futures prices continue to be in their current
range for months to come.
Second, how can we guarantee that blend and extend prices for 2014-2018 are going
to be lower than prices we might find available for that period around the time the current
five-year agreement is scheduled to expire? No one could make such a guarantee. The issue
becomes, “does the combination of savings over scheduled prices in the current contract and the
perpetuation of those prices through 2018 seem less risky than betting that natural gas prices will
be lower in 2013 than they are today and that the ERCOT reserve margins will remain higher
than necessary into 2015?” The objective of a blend and extend agreement is to achieve current
savings, insure against price volatility, manage risk, and stabilize budgets.
Electricity prices are primarily governed by natural gas futures prices set by NYMEX.
Gas prices at the well-head or delivered to gas-fired generation stations in Texas do not matter.
The NYMEX futures prices are influenced by world politics, global weather patterns, and market
Town Council 198 of 235 Meeting Date: December 6, 2010
November 9, 2010
Page 2
perceptions of supply and demand. Currently, there is a perception that there is an abundance of
natural gas because of shale gas recovery. Current relative price stability in the natural gas
market could return to historically volatile patterns if a legislative body or a court determines that
shale fracturing pollutes water supplies. War in the mid-East or hurricanes in the Gulf could
similarly cause gas prices to spike.
The second primary driver behind deregulated market prices for electricity is the electric
market’s perception of available generation capacity in Texas. Our Governor wants to lure new
industry to Texas. Will new businesses and population growth cause the demand for electricity
to rise faster than supply? Shall CAPP and STAP members assume the risk that current
generation plants may fail, that demand may outstrip supply, that facturing may pollute, and that
hurricanes and wars may affect gas prices? The blend and extend contract potential is equivalent
to an insurance policy with the offer of a reduction in premium. Will a better deal be available
two years from now? The answer can only be found in wild guesses.
Third, assuming authorization to participate in a blend and extend agreement is
granted by passing a resolution, may the authorization be withdrawn? The answer probably
lies in the “no harm, no foul” rule. Nothing precludes authorization for participation in a
contract once given from being revoked so long as there has been no adverse (as in creating
financial harm) reliance on the authorization. All the terms and conditions of the existing
contract, except price and length of term, should remain the same in the blend and extend
agreement. There will not be much for any member to evaluate other than price risk. Whether
and when the contract amendment moves forward depends first upon the degree of interest by
members and second upon price and resulting savings. There will be no extension unless the
CAPP and STAP Boards, and perhaps ultimately the TCAP Board believes near-term savings are
significant. Members will be provided updates on indicative prices and potential savings after it
appears appropriate to start asking Next Era for such information upon reaching some, as yet
unknown, threshold of member support through resolutions.
Fourth, is it possible for some members to reject the blend and extend option while
other members take advantage of the offer? Yes, and the decision to proceed depends not as
much on the percentage of the 154 CAPP and STAP members that promptly act on the
resolution, but rather on the percentage of total contract load that is made available for the
extension. Twenty members consume roughly two-thirds of the total 1.4 billion kWh annual
usage. It is unlikely that Next Era will require 100% of the CAPP and STAP load to commit to
the blend and extend contract amendment, but it is probably reasonable to expect that Next Era
will require 75%-95% of the load to be supported by authorizing resolution before it is willing to
finalize a contract.
Fifth, if the contract extension does not occur before December 31st, should the
resolution refer to “TCAP” as well as “CAPP” and “STAP”? Reference to “TCAP” need not
be included in the resolution unless a governing body does not intend to pass the resolution until
next year. All contractual commitments, revenues, assets and liabilities with both CAPP and
STAP will pass to TCAP on January 1, 2011.
If you have other questions, concerns or comments, please feel free to get in touch with
me.
Town Council 199 of 235 Meeting Date: December 6, 2010
Town Council 200 of 235 Meeting Date: December 6, 2010
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2010-26
A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS,
AUTHORIZING THE CITIES AGGREGATION POWER PROJECT, INC.
(CAPP) TO NEGOTIATE AN EXTENSION TO THE CURRENT
ELECTRIC SUPPLY AND NECESSARY RELATED SERVICES
AGREEMENT WITH NEXT ERA FOR A FIXED PRICE PER KWH THAT
IS LOWER THAN CONTRACT RATES FOR 2011-2013, SAID
EXTENSION TO CONTINUE UNTIL DECEMBER 31, 2018;
AUTHORIZING CAPP TO ACT AS AN AGENT ON BEHALF OF THE
TOWN TO ENTER INTO A CONTRACT FOR ELECTRICITY;
AUTHORIZING THE CHAIRMAN OF CAPP TO EXECUTE AN
EXTENSION TO THE CURRENT ELECTRIC SUPPLY AGREEMENT
FOR DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2011
OR AS SOON AFTER FINALIZATION OF A CONTRACT AS
POSSIBLE; COMMITTING TO BUDGET FOR ENERGY PURCHASES
AND TO HONOR THE TOWN’S COMMITMENTS TO PURCHASE
POWER THROUGH CAPP FOR ITS ELECTRICAL NEEDS THROUGH
DECEMBER 31, 2018; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas (Town) is a member of Cities
Aggregation Power Project, Inc. (“CAPP”), a nonprofit political subdivision corporation
dedicated to securing electric power for its 102 political subdivision members in the
competitive retail market; and
WHEREAS, CAPP negotiated favorable contract terms and a reasonable
commodity price for delivered electricity since 2002 resulting in significant savings for its
members; and
WHEREAS, the Town’s current contract for power with Next Era arranged
through CAPP expires December 31, 2013; and
WHEREAS, the CAPP Board of Directors is currently considering a blend and
extend contract with Next Era with indicative retail energy prices that will reduce the
prices under the current contract for the next three years and extend a fixed price for
energy through December 31, 2018; and
WHEREAS, the current contract is a master agreement between CAPP and
Next Era endorsed by contract with individual CAPP members; and
WHEREAS, CAPP must be able to commit contractually to prices in a blend and
extend contract amendment within a 24-hour period in order to lock-in favorable prices;
and
Resolution 2010-26 1
Town Council 201 of 235 Meeting Date: December 6, 2010
WHEREAS, experiences in contracting for CAPP load since 2002 demonstrated
that providers demand immediate response to an offer and may penalize delay with
higher prices; and
WHEREAS, suppliers demand assurance that CAPP will pay for all contracted
load; and
WHEREAS, the Town must assure CAPP that it will budget for energy
purchases and honor its commitments to purchase power for its electrical needs
through CAPP for the period beginning January 1, 2011, and extending through
December 31, 2018; and
WHEREAS, CAPP intends to continue to contract with Next Era (power supply)
and Direct Energy (billing, administrative and other customer services); and
WHEREAS, the current contractual relationships between CAPP and Next Era
and Direct Energy have been beneficial and cost effective for CAPP members and the
Town.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1: That the CAPP Board and its consultants and advisors are agents
authorized to negotiate for the Town’s electric power needs as a member of CAPP and
extend the current supply agreement through December 31, 2018.
Section 2: That the Town approves CAPP extending its current contract with
Next Era for the supply of electric power and related, necessary services for the Town
for a term to begin January 1, 2011 or as soon after finalization of a contract as possible
and extending up to December 31, 2018, so long as the extension results in savings
over the current contract term of 2011-2013 and results in fixed prices through
December 31, 2018.
Section 3: That the Chairman of CAPP is hereby authorized to sign a
Commercial Electricity Supply Agreement (“CESA”) for the Town pursuant to the
contract approved and recommended by the CAPP Board of Directors within 24 hours
of said approval and recommendation, provided that the energy price to be paid per
kWh in 2011-2013 is less than the current contract price for 2011-2013 resulting in
savings for the Town and that the fixed price for the period 2011-2013 will continue
through December 31, 2018.
Section 4: That the Town will budget and approve funds necessary to pay
electricity costs proportionate to the Town’s load under the supply agreement arranged
by CAPP and the CESA signed by the Chairman of CAPP on behalf of the Town for the
term beginning January 1, 2011 or as soon after finalization of a contract as possible
and extending up to December 31, 2018.
Resolution 2010-26 2
Town Council 202 of 235 Meeting Date: December 6, 2010
Resolution 2010-26 3
Section 5: That a copy of this Resolution shall be sent to Mary Bunkley with
the City Attorney’s office in Arlington and Geoffrey M. Gay, legal counsel to CAPP.
Section 6. That this Resolution shall become effective upon its passage in
accordance with law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 6th day of December 2010.
________________________________
Mayor, Connie White
Town of Trophy Club, Texas
ATTEST:
___________________________________
Interim Town Secretary, Shannon DePrater
Town of Trophy Club, Texas
[Seal]
APPROVED AS TO FORM:
____________________________________
Town Attorney, Patricia A. Adams
Town of Trophy Club, Texas
Town Council 203 of 235 Meeting Date: December 6, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-620-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/30/2010 Town Council
On agenda:Final action:12/6/2010
Title:Consider and take appropriate action regarding approval of a Roundabout at Trophy Club Drive and
Trophy Lake Drive intersection.
Attachments:113010 Roundabout Probable Construction Costs.pdf
113010 ROW exhibit.pdf
113010 Signal Intersection Cost Estimates.pdf
113010 Signal Improvement Exhibit.pdf
Action ByDate Action ResultVer.
Town Council 204 of 235 Meeting Date: December 6, 2010
File #: 2010-620-T, Version: 1
Title
Consider and take appropriate action regarding approval of a Roundabout at Trophy Club Drive and Trophy Lake Drive
intersection.
Background
As presented at the November 1, 2010, Council meeting, the Town Engineer, Tom Rutledge, Teague Nall & Perkins,
explained the analysis of the existing intersection operations at the all-way stop located at Trophy Club Drive and Trophy
Lake Drive intersection. Intersection operations are rated on a Level of Service (LOS) scale of A to F with A representing
a best case scenario and F representing a failure of the intersection traffic flow. The existing intersection operates at
LOS "C" in the AM peak and LOS "B" in the PM peak. However, by 2014, the intersection can be expected to experience
congested operations during the AM and PM peak hours under all-way stop control (LOS "F" in the AM peak and LOS "D"
in the PM peak).
An alternative for dealing with the expected congestion is to provide a continuous flow roundabout intersection which
operates with all entering traffic yielding to the circular roadway and then circulating to exit on the desired departure.
Roundabout configurations were presented to the Council on November 1, 2010, with a recommendation for
Configuration B with an added by-pass right turn lane in the southwest corner. This configuration will provide an LOS of
C or better under 2014 expected conditions with room for some growth.
Attached are the probable construction costs for the roundabout Configuration B with an added by-pass right turn lane.
The cost opinion is based on the layout and configuration that was presented at the Council meeting on November 1,
2010. It includes a 15% contingency of approximately $95,000 to allow for detailed final design once right-of-way (ROW)
has been acquired. A right-of-way exhibit is attached. The exhibit shows the approximate amount of ROW that would be
required for the roundabout improvement. Cost for purchase of ROW is not reflected in the project budget. The
developer for Trophy Club Commons has indicated a willingness to dedicate ROW for his portion. The other land owners
will need to be contacted for acquisition of ROW.
Also attached is a cost opinion for improving the intersection to a traffic signal. This estimate includes pavement
reconstruction for Trophy Club Drive and Trophy Lake Drive. The estimate does not include the cost of an annual
maintenance contract (for programming, timing, maintenance).
Goals
Goal #4: Picturesque Town
Maintain neat and tidy appearance
Improve property maintenance standards
Be recognized for our aesthetics
Goal #5: A community in which the infrastructure supports its residents
Develop a realistic Capital Improvement Plan
Build a premier parks system
Attracts visitors to park destinations
Provide necessary resources to maintain all improvements, new and existing
Town Council 205 of 235 Meeting Date: December 6, 2010
TEAGUE NALL AND PERKINS
CONSULTING ENGINEERS
CONCEPTUAL OPINION OF PROBABLE CONSTRUCTION COST
Paving and Drainage Improvements for Trophy Lake Drive Roundabout
OWNER: City of Trophy Club
DATE: November 29, 2010
TNP Job Number: TRO10218
PAVING AND DRAINAGE IMPROVEMENTS
ITEM UNIT
NO.DESCRIPTION OF ITEMS QUANTITY UNIT COST TOTAL
1 Right-Of-Way Preparation 1 LS $10,000.00 $10,000.00
2 Remove Existing Pavement, Sidewalks, Drives 5,024 SY $9.00 $45,216.00
3 Remove Existing 10' Curb Inlet 3 EA $500.00 $1,500.00
4 Unclassified Street Excavation 750 CY $12.00 $9,000.00
5 Lime Modified Subgrade 6,645 SY $2.50 $16,612.50
6 Hydrated Lime (Commercial Lime Slurry - 27lb.)74 TN $150.00 $11,100.00
7 8" Portland Cement Pavement 5,025 SY $38.00 $190,950.00
8 6" Concrete Driveway 79 SY $35.00 $2,765.00
9 6" Curb & Rolled Curb for Islands 2,000 LF $4.00 $8,000.00
10 Paver Installation (with conc. pad)8,940 SF $8.50 $75,990.00
11 Concrete Sidewalks (4"x5')5,689 SY $4.50 $25,600.50
12 Barrier Free Ramps 8 EA $1,500.00 $12,000.00
13 3" Conduit Sch. 80 for Irrigation 300 LF $15.00 $4,500.00
14 Pavement Striping, Buttons and Signage 1 LS $20,000.00 $20,000.00
15 Traffic Control 1 LS $25,000.00 $25,000.00
16 Temporary Pavement for Detours 1,000 SY $25.00 $25,000.00
17 Retaining Walls 180 SF $50.00 $9,000.00
18 Erosion Control 1 LS $10,000.00 $10,000.00
19 Sod 1,000 SY $3.00 $3,000.00
20 Adjust Sanitary Sewer Manhole to Finished Grade 4 EA $1,000.00 $4,000.00
21 Adjust Water Meter to Finished Grade 1 EA $500.00 $500.00
22 Relocate Existing Streetlight 3 EA $5,500.00 $16,500.00
23 Restoration of Landscape Irrigation 1 LS $20,000.00 $20,000.00
24 Restoration of Landscape Areas 1 LS $15,000.00 $15,000.00
25 Franchise Utility Relocation/Adjustment*1 LS $0.00 $0.00
26 Topsoil for Parkway Restoration 347 CY $15.50 $5,378.50
27 10' Curb Inlet 3 EA $2,500.00 $7,500.00
28 Storm Drain Leads and Misc. Connections 4 EA $10,000.00 $40,000.00
29 Relocate Exist. Storm Drain Manhole/Junction Box 1 EA $5,000.00 $5,000.00
30 Landscape within Rounabout 1 EA $20,000.00 $20,000.00
* It is assumed that the franchise utility companies will relocate their respective utility in accordance with the franchise aggrement.
** The roundabout will place some pavement over existing water mains. No cost has been included to relocate any water mains.
Basis for Cost Projection Sub-Total Construction Cost: $639,112.50
Contingency: 15% 95,866.88$
Total Opinion of Construction Cost: $734,979.38
No Design Completed
Preliminary Design
Final Design
Page 1 of 1
Town Council 206 of 235 Meeting Date: December 6, 2010
Town Council 207 of 235 Meeting Date: December 6, 2010
TEAGUE NALL AND PERKINS
CONSULTING ENGINEERS
CONCEPTUAL OPINION OF PROBABLE CONSTRUCTION COST
Paving and Drainage Improvements for Trophy Lake Drive Signal & Intersection Improvements
OWNER: City of Trophy Club
DATE: December 1, 2010
TNP Job Number: TRO10218
PAVING AND DRAINAGE IMPROVEMENTS
ITEM UNIT
NO.DESCRIPTION OF ITEMS QUANTITY UNIT COST TOTAL
1 Right-Of-Way Preparation 1 LS $10,000.00 $10,000.00
2 Remove Existing Pavement & Drives 4,810 SY $9.00 $43,290.00
3 Remove Existing 10' Curb Inlet 3 EA $500.00 $1,500.00
4 Unclassified Street Excavation 250 CY $12.00 $3,000.00
5 Lime Modified Subgrade 5,745 SY $2.50 $14,362.50
6 Hydrated Lime (Commercial Lime Slurry - 27lb.)78 TN $150.00 $11,700.00
7 8" Portland Cement Pavement 4,675 SY $38.00 $177,650.00
8 6" Concrete Driveway 135 SY $35.00 $4,725.00
9 6" Curb 2,537 LF $4.00 $10,148.00
10 Concrete Sidewalks (4"x5')270 SY $4.50 $1,215.00
11 Barrier Free Ramps 2 EA $1,500.00 $3,000.00
12 Pavement Striping, Buttons and Signage 1 LS $20,000.00 $20,000.00
13 Traffic Control 1 LS $25,000.00 $25,000.00
14 Temporary Pavement for Detours 500 SY $25.00 $12,500.00
15 Erosion Control 1 LS $10,000.00 $10,000.00
16 Sod 1,740 SY $3.00 $5,220.00
17 Adjust Sanitary Sewer Manhole to Finished Grade 4 EA $1,000.00 $4,000.00
18 Adjust Water Meter to Finished Grade 1 EA $500.00 $500.00
19 Topsoil for Parkway 1,740 CY $15.50 $26,970.00
20 10' Curb Inlet Tops 3 EA $2,500.00 $7,500.00
21 Storm Drain Leads and Misc. Connections 4 EA $10,000.00 $40,000.00
22 Adjust Exist. Storm Drain Manhole/Junction Box 1 EA $1,000.00 $1,000.00
23 Signal & Control Boxes 1 LS $125,000.00 $125,000.00
Basis for Cost Projection Sub-Total Construction Cost: $558,281.00
Contingency: 15% 83,742.00$
Total Opinion of Construction Cost: $642,023.00
No Design Completed
Preliminary Design
Final Design
Page 1 of 1
Town Council 208 of 235 Meeting Date: December 6, 2010
Town Council 209 of 235 Meeting Date: December 6, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-625-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/30/2010 Town Council
On agenda:Final action:12/6/2010
Title:Consider and take appropriate action regarding the award of a Contract for Municipal Court Collection
Services, and authorizing the Town Manager to execute all necessary documents..
Attachments:MVBA_Information.pdf
Action ByDate Action ResultVer.
Town Council 210 of 235 Meeting Date: December 6, 2010
File #: 2010-625-T, Version: 1
Title
Consider and take appropriate action regarding the award of a Contract for Municipal Court Collection Services, and
authorizing the Town Manager to execute all necessary documents
Background
The Town of Trophy Club released a Request for Proposal (RFP) for the furnishing of Professional Municipal Court
Account Collection Services. As of the December 3, 2010 submission deadline, the Town of Trophy Club received a total
of four (4) proposals. The Selection Committee met, reviewed and ranked all proposals on December 3, 2010.
Recommendation
The Selection Committee recommends that Town Council award a proposal and enter into an agreement for the
Professional Municipal Court Account Collection Services for delinquent municipal court cases with McCreary Veselka
Bragg & Allen.
Goals
Goal #1: Safe and secure community.
Maintain Trophy Club’s Low crime rate
Increase positive visibility through community policing initiatives
Provide superior Emergency Services
Increase citizen involvement
Goal #8: Economically diverse, prosperous community
Enact progressive economic initiatives
Investigate Progressive Zoning Concept
Town Council 211 of 235 Meeting Date: December 6, 2010
Town of Trophy Club. Texas ff' ,ttl "\R ~, 'I ,.', .. ,. RFP #201 0-1117-MC ISP \(~, & r I f ~
Professional Municipal Court Account Collections """flU;' .~ I ...~
COLLECTION METHODOLOGY
McCreary, Veselka, Bragg & Allen, P.c. is a professional corporation and is a member of "ACA" an international
organization for credit and collection professionals and the Government Services Program. All MVBA Collection
Specialist are ACA Certified Professionals. Cornerstone Support, Inc. conducts our license reviews and maintains our
licenses in the states requiring a law firm to be licensed to perform collection activity. Also, Cornerstone Support, Inc.
monitors the ever-changing compliance requirements of the various states. MVBA is licensed or has a Certificate of
Authority to collect in every state. We believe our collection record clearly reveals our strong capability to collect
delinquent cases in and outside the State of Texas.
Unlike other agencies, MVBA customizes our collection program to meet each client's specific needs. MVBA is
continually seeking opportunities to provide value added services to our clients. Through consistent, open
communication and personal service, and by utilizing our technology and staff, we are able to assist our clients with
innovative solutions that help to decrease the Town's internal costs and enhance efficiencies.
What makes us better than other agencies is our commitment. Our clients will tell you that our commitment to the
highest quality of service is what separates us from the pack. Not only will you receive our best collection efforts, but
you will benefit from one of the best quality control plans, one of the best training programs, and one of the best
business environments, in the collection industry. We believe that you will recognize that there is a clear difference
between MVBA's approach to state and local government business than the approach taken by other agencies.
Enhanced Services
MVBA recognizes that in certain circumstances, our clients may need assistance in locating a defendant whom has not
yet been placed for collection. MVBA will provide this information as a service to the Court's City Marshals or Warrant
Officers and/or Court Manger at no charge to the City.
Warrant Round-Up letterS/Pre-Collection Mailings
Not only will MVBA mail letters and initiate special phone campaigns on cases in our system during Warrant Round-up,
we will also handle the mailing of Warrant Round-up postcards on pre-collection cases on behalf of the Court. MVBA
absorbs the cost of all printing and materials. The Court only need provide a list of names and last address of record.
COLLECTION PROCEDURES
COMPREHENS IVE CASE ANA YSIS
Once Town of Trophy Club cases are loaded into the MVBA computer system, our staff reviews them critically. We
identify defendants that require immediate attention and devise strategies for initiating appropriate collection
procedures. We determine the distribution of dollars by year and the status of each case. In turn, you receive an
inventory report which ensures the accuracy of the information loaded into our system. Based on this
determination, we formulate a collection program that meets your needs.
ELECTRONIC ADDRESS/PHONE NUMBER UPDATING
To ensure that MVBA has the latest address and phone number information for Town of Trophy Club defendants,
we process your names, addresses and phone numbers through various electronic research programs. The
electronic data research programs used include Experian, Insight Collect, LexisNexis (Accurint), Choice Point, NCOA,
Accumail, and Acollaid. All new information is electronically updated to our computer system and made ready for
the collection process.
Page 7 o f 12 Town Council 212 of 235 Meeting Date: December 6, 2010
Town of Trophy Club, Texas ?\, c l ~ RI In , \ 1 (.;.L I r.:./\
RFP #201 0-1117-MC n J.r:o\ ' .~ , ~.\..I I [ 1'.
Professional Municipal Court Account Collections A. ln nll "u f _I".
SCHEDULED WRITTEN NOTIFICATION
MVBA mails notices within 24 hours of receiving your defendants information. Subsequent mailings follow a work
calendar that we develop with you. Our notices have been proven to increase the number of cases you resolve and
your revenues. All of MVBA's letters are in both English and Spanish, and comply with federal and state collection
laws.
Letters are tailored to the case status of each defendant. They state the description, location and date of the event,
the amount due, telephone contact number and online payment information (if the court offers this option). A
tear-off portion and envelope for return payment is also included.
AUTOMATED TELEPHONE NOT IFICATION
Beyond letters, MVBA uses an automated call system to maximize defendants contact rate and increase your
revenues. Defendants are given a toll-free telephone number, connecting them with trained collection specialists .
Collection specialists, 80% bi-lingual, also initiate telephone contact with defendants (only between 8 am and 8 pm,
Monday through Friday). Whether answering or initiating calls, MVBA specialists provide the personal contact
needed to reinforce the importance of immediate payment. If telephone numbers are missing or found to be
incorrect, they are flagged and transferred to our skip tracing department.
EXPERT, PRODUCTIVE STAFF
When your defendants contact MVBA by telephone or by written correspondence, they are answered by our
knowledgeable bilingual staff. If a question is beyond the level of our regular staff, attorneys are available to speak
with defendants. Internal review and productivity goals are part of our ongoing expectations for staff. MVBA's floor
supervisor routinely audits all collection specialists to ensure compliance with MVBA's collection approach. In
addition, specialists have collection goals. This allows MVBA to evaluate the collection results and the effectiveness
of each specialist.
ADORES CORRECTION FOR RE URNED MAIL
If mail is undeliverable or returned because an individual has moved, the United States Postal Service electronically
transfers information about these events into MVBA's computer system. If the post office provides a new
forwarding address, the case is automatically updated and flagged for re-mailing. If not, the case is flagged as having
received returned mail and is forwarded to our skip tracing department for more research.
INTERACTIVE SKIP TRACING
Once electronic solutions fail, Town of Trophy Club cases move to MVBA's Skip Tracing Department. Personal
intervention is sometimes vital to successfully locating and resolving cases with bad addresses or unavailable phone
numbers. Our staff uses several licensed regional and national databases to manually skip trace your cases .
CASE RECALLING ON DEMAND
Town of Trophy Club may recall cases for any reason.
COMPLAINT/DISPUTE RESOLUTION
Your defendants receive the same exceptional service, professionalism and ethical treatment that you do. Our goal
is to have no complaints/disputes about our collection activity. If a complaint arises, MVBA strives to resolve it
promptly, to the satisfaction of all parties. Upon oral or written notification of a complaint/dispute, we
immediately suspend all collection activity pending case review. We enter the information into our Professional
Practice Management Tracking System, which automatically emails our management team for prompt review. All
Page 8 of 12
Town Council 213 of 235 Meeting Date: December 6, 2010
Town of Trophy Club, Te xas
RFP #2010-1117 -MC
Professional Municipal Court Account Collections
INDEPENDENCY & PRIOR ENGAGEMENTS
McCreary, Veselka, Bragg & Allen, p, C. and its employees are independent of the Town of Trophy Club and its
management and/or representatives. Since 1999, MVBA has been successfully representing the Town of Trophy
Club in the collection of delinquent property tax.
NO CONFLICTS OF INTEREST
McCreary, Veselka, Bragg & Allen, P. C has never represented a party who was in an adversarial position with any
client. The Firm knows of no conflicts of interest or potential conflicts of interest that would impede its representation .
PENDING LITIGATION
There has been no litigation filed against MVBA related to the collection of debts . MVBA has never been the subject of
any regulatory censure. MVBA has never filed any litigation against its clients .
EQUAL OPPORTUNITY EMPLOYER
McCreary, Veselka, Bragg & Allen, P. C. is an EQUAL OPPORTUNITY EIVIPLOYER . Applicants for position are considered
based on their qualifications for the position applied without regard to race, color, religion, creed , gender, national
origin, age , marital or veteran status, disability, or any other criteria prohibited by law.
INDEMNIFICATION AND INSURANCE
MVBA shall indemnify and hold the Town harmless from and against all liabilities, losses and/or costs arising from claims
for damages, or suits for losses or damages, including reasonable costs and attorney's fees, which may arise as a result
of MVBA's performance of the services described in this contract. The indemnity provision of this contract shall have no
application to any claim or demand which results from the sole negligence or fault of the Town, its officers, agents ,
employees or contractors. And furthermore, in the event of joint and/or shared negligence or fault of the Town and
MVBA, responsibility and indemnity, if any, shall be apportioned in accordance with Texas law and without waiving any
defenses of either party. The provisions of this paragraph are intended for the sole benefit of the parties hereto and are
not intended to create or grant any right, contractual or otherwise, to any other persons or entities. Please see Exhibits
7 and 8 for Insurance and Bonding Certificates and Exhibit 12
FINANCIAL STRENGTH
McCreary, Veselka, Bragg & Allen, P. C. has been in existence since 1961 and has over 750 clients. The Firm has the
financial strength to commit the resources required to administer an effective debt collection program . You may contact
the following bank officer for comments on our financial strength:
Mr. Keith Griffith/Senior Vice President Wealth Management
BBVA Compass Bank
1703 W. 5 th St .
Austin, Texas 78703
512-419-3477
Page II or12 Town Council 214 of 235 Meeting Date: December 6, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-629-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/30/2010 Town Council
On agenda:Final action:12/6/2010
Title:Consider and take appropriate action regarding financial and variance report dated October 2010.
Attachments:October 2010 Monthly Financial Reports.pdf
Action ByDate Action ResultVer.
Town Council 215 of 235 Meeting Date: December 6, 2010
File #: 2010-629-T, Version: 1
Title
Consider and take appropriate action regarding financial and variance report dated October 2010.
Goals
Goal #8: Economically diverse, prosperous community
Enact progressive economic initiatives
Investigate Progressive Zoning Concept
Town Council 216 of 235 Meeting Date: December 6, 2010
Town Council 217 of 235 Meeting Date: December 6, 2010
Town Council 218 of 235 Meeting Date: December 6, 2010
Town Council 219 of 235 Meeting Date: December 6, 2010
Town Council 220 of 235 Meeting Date: December 6, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-630-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/30/2010 Town Council
On agenda:Final action:12/6/2010
Title:Consider and take appropriate action regarding the regularly scheduled Town Council meetings for
the remainder of December 2010.
Attachments:
Action ByDate Action ResultVer.
Town Council 221 of 235 Meeting Date: December 6, 2010
File #: 2010-630-T, Version: 1
Title
Consider and take appropriate action regarding the regularly scheduled Town Council meetings for the remainder of
December 2010.
Goals
Goal #6: A vibrant, inclusive community with involved, caring residents
Provide superior customer services
Foster a well informed community
Promote and support active lifestyle
Develop expanded community involvement opportunities
Expand recreational opportunities for all ages
Town Council 222 of 235 Meeting Date: December 6, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-631-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/30/2010 Town Council
On agenda:Final action:12/6/2010
Title:Town Manager Slye's update regarding the following; discussion of the same.
- CFAB Update
- Special Events Ordinance
- Citizens Survey Update
Attachments:
Action ByDate Action ResultVer.
Town Council 223 of 235 Meeting Date: December 6, 2010
File #: 2010-631-T, Version: 1
Title
Town Manager Slye's update regarding the following; discussion of the same.
- CFAB Update
- Special Events Ordinance
- Citizens Survey Update
Goals
Goal #6: A vibrant, inclusive community with involved, caring residents
Provide superior customer services
Foster a well informed community
Promote and support active lifestyle
Develop expanded community involvement opportunities
Expand recreational opportunities for all ages
Town Council 224 of 235 Meeting Date: December 6, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-632-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/30/2010 Town Council
On agenda:Final action:12/6/2010
Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional
meetings; discussion of same.
Attachments:
Action ByDate Action ResultVer.
Town Council 225 of 235 Meeting Date: December 6, 2010
File #: 2010-632-T, Version: 1
Title
Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of
same.
Background
Meetings Attended by Council:
- North Texas Commission's (Signature Series)
- Transportation Summit
- Social Media Webinar
- Obesity Prevention Policy Council Luncheon
Goals
Goal #6: A vibrant, inclusive community with involved, caring residents
Provide superior customer services
Foster a well informed community
Promote and support active lifestyle
Develop expanded community involvement opportunities
Expand recreational opportunities for all ages
Town Council 226 of 235 Meeting Date: December 6, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-633-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/30/2010 Town Council
On agenda:Final action:12/6/2010
Title:Receive Mayor Pro Tem Rose's liaison report regarding the November 16, 2010 TCMUD No. 1
Meeting; discussion of same.
- North Texas Ground Water Association
- Trinity Well
- Water Storage
Attachments:
Action ByDate Action ResultVer.
Town Council 227 of 235 Meeting Date: December 6, 2010
File #: 2010-633-T, Version: 1
Title
Receive Mayor Pro Tem Rose's liaison report regarding the November 16, 2010 TCMUD No. 1 Meeting; discussion of
same.
- North Texas Ground Water Association
- Trinity Well
- Water Storage
Goals
Goal # 3: Community with shared vision
Forge collaborative relationships with other governmental/public entities
Create a positive regional identity
Goal #6: A vibrant, inclusive community with involved, caring residents
Provide superior customer services
Foster a well informed community
Promote and support active lifestyle
Develop expanded community involvement opportunities
Expand recreational opportunities for all ages
Town Council 228 of 235 Meeting Date: December 6, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-634-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/30/2010 Town Council
On agenda:Final action:12/6/2010
Title:Items for Future Agendas
Attachments:Future Agenda Items List.pdf
Action ByDate Action ResultVer.
Town Council 229 of 235 Meeting Date: December 6, 2010
File #: 2010-634-T, Version: 1
Title
Items for Future Agendas
Goals
Goal #6: A vibrant, inclusive community with involved, caring residents
Provide superior customer services
Foster a well informed community
Promote and support active lifestyle
Develop expanded community involvement opportunities
Expand recreational opportunities for all ages
Town Council 230 of 235 Meeting Date: December 6, 2010
Town of Trophy Club Town Council Future Agenda Items List
1. Item to receive a report from Town Manager regarding an update on the
Comprehensive Land Plan. (Edstrom, 10/20/08 & Strother, 10/19/09)
2. Consider and take appropriate action regarding the creation of a Citizen’s Financial
Advisory Board. (Rose, 12/7/09)
3. Consider and take appropriate action regarding an Ordinance amending Chapter 3
of the Code of Ordinances entitled "Buildings and Construction" of Article XV,
entitled "Swimming Pools. (Rose, 2/1/10)
4. Consider and take appropriate action regarding procurement policies and their
alignment with State statutes. (Rose, 2/1/10)
5. Consider and take appropriate action regarding placing policies and procedures on
the Town web site. (Rose, 2/1/10)
6. Consider and take appropriate action regarding noise regulations for Oil and Gas
Well Drilling and Production (Rose, 4/26/10)
7. Staff update regarding Marshall Branch Creek area located North of HWY114;
discussion and action of the same. (Stotts, 6/21/10)
8. Staff update regarding the loop road and a report from the engineer firm hired by
the County. (Stotts, 6/21/10)
9. Parks Board to provide a recommendation to the Council regarding fees for
recreational amenities; Council discussion and action. (Rose, 9/27/10)
10. Presentation and 10-year plan from Dr. Walker on Trophy Club Park. (Stotts,
10/4/10)
11. Staff proposal regarding the amenity lakes, including associated costs to accept
the amenity lakes from the developer. (Stotts, 10/4/10)
12. Analysis of the pool fees and pool usage. (White, 11/1/2010)
13. Consider and take appropriate action regarding communication plan (Cantrell,
11/15/2010)
Town Council 231 of 235 Meeting Date: December 6, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-637-T Name:
Status:Type:Agenda Item Executive Session
File created:In control:11/30/2010 Town Council
On agenda:Final action:12/6/2010
Title:Council to convene into executive session pursuant to Texas Government Code, Annotated,
Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the appointment, employment,
evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee:
(1) Discussion regarding the hiring of a Town Secretary
Attachments:
Action ByDate Action ResultVer.
Town Council 232 of 235 Meeting Date: December 6, 2010
File #: 2010-637-T, Version: 1
Title
Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section
551.074(a) "Personnel Matters, to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of a public officer or employee:
(1) Discussion regarding the hiring of a Town Secretary
Town Council 233 of 235 Meeting Date: December 6, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-638-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/30/2010 Town Council
On agenda:Final action:12/6/2010
Title:Consider and take appropriate action regarding the Executive Session.
Attachments:
Action ByDate Action ResultVer.
Town Council 234 of 235 Meeting Date: December 6, 2010
File #: 2010-638-T, Version: 1
Title
Consider and take appropriate action regarding the Executive Session.
Town Council 235 of 235 Meeting Date: December 6, 2010