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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 So u t h l a k e 1 9 9 5 b a s e d So u t h l a k e O ct 2 0 0 7 b a s e d A. I f a n y T o w n o f f i c i a l , a p p o i n t ee o r e m p l o y e e h a s a s u b s t a n t i a l in t e r e s t i n a b u s i n e s s e n t i t y o r r e a l p r o p e r t y i n v o l v e d i n a n y de c i s i o n b e f o r e s u c h T o w n o f f i c i a l , a p p o i n t e e o r e m p l o y e e , o r t h e bo d y o f w h i c h h e o r s h e i s a m e m b e r , s u c h T o w n o f f i c i a l , ap p o i n t e e o r e m p l o y e e s h a l l d i s c l o s e s u c h i n t e r e s t a s p r o v i d e d i n pa r a g r a p h C b e l o w a n d s h a l l n o t , e x c e p t a s p r o v i d e d i n p a r a g r a p h B b e l o w , d i s c u s s t h e s u b s t a n c e o f t h e m a t t e r a t a n y t i m e w i t h a n y ot h e r m e m b e r o f t h e b o a r d o f w h i c h h e i s a m e m b e r o r a n y o t h e r bo d y w h i c h w i l l v o t e o n o r o t h e r w i s e p a r t i c i p a t e i n t h e co n s i d e r a t i o n o f t h e m a t t e r . B. I f a n y o f t h e f o l l o w i n g i n t e re s t s a r e i n v o l v e d i n a n y d e c i s i o n pe n d i n g b e f o r e a n y T o w n o f f i c i a l , ap p o i n t e e o r e m p l o y e e , o r t h e bo d y o f w h i c h h e i s a m e m b e r , s u c h T o w n o f f i c i a l , a p p o i n t e e o r em p l o y e e m u s t d i s c l o s e s u c h i n t e re s t a s p r o v i d e d i n p a r a g r a p h C be l o w , b u t h e s h a l l b e p e r m i t t e d t o v o t e o n a n d p a r t i c i p a t e i n t h e co n s i d e r a t i o n o f s u c h m a t t e r : (1 ) A d e c i s i o n c o n c e r n i n g a b a n k o r o t h e r f i n a n c i a l i n s t i t u t i o n fr o m w h i c h t h e T o w n o f f i c i a l , a pp o i n t e e o r e m p l o y e e h a s a h o m e mo r t g a g e , a u t o m o b i l e l o a n , o r o t h e r in s t a l l m e n t l o a n , i f t h e l o a n i s no t c u r r e n t l y i n d e f a u l t , w a s o r i g i n al l y f o r a t e r m o f m o r e t h a n 2 ye a r s a n d c a n n o t b e a c c e l e r a t e d e x c e p t f o r f a i l u r e t o m a k e pa y m e n t s a c c o r d i n g t o t h e t e r m s t h e r e o f : (2 ) A d e c i s i o n c o n c e r n i n g a b a n k o r ot h e r f i n a n c i a l i n s t i t u t i o n i n wh i c h t h e T o w n o f f i c i a l , a p p o i n t ee o r e m p l o y e e h o l d s a s a v i n g s ac c o u n t , c h e c k i n g a c c o u n t o r c e r t i f i c at e o f d e p o s i t a n d w h i c h i s (a ) I f a n y T o w n o f f i c i a l , a p p o i n t ee o r e m p l o y e e h a s a s u b s t a n t i a l in t e r e s t i n a b u s i n e s s e n t i t y o r r e a l p r o p e r t y i n v o l v e d i n a n y de c i s i o n p e n d i n g b e f o r e s u c h T o w n o f f i c i a l , a p p o i n t e e , e m p l o y e e , or t h e b o d y o f w h i c h h e o r s h e i s a m e m b e r , s u c h T o w n o f f i c i a l , ap p o i n t e e , o r e m p l o y e e , s h a l l d i s c l o s e s u c h i n t e r e s t a s p r o v i d e d i n su b s e c t i o n ( d ) b e l o w a n d s h a l l n o t , e x c e p t a s p r o v i d e d i n su b s e c t i o n ( b ) b e l o w , d i s c u s s t h e s u b s t a n c e o f t h e m a t t e r a t a n y ti m e w i t h a n y o t h e r m e m b e r o f t h e b o a r d o f w h i c h h e i s a m e m b e r or a n y o t h e r b o d y w h i c h w i l l v o t e o n or o t h e r w i s e p a r t i c i p a t e i n th e c o n s i d e r a t i o n o f t h e m a t t e r . (b ) I f a n y o f t h e f o l l o w i n g i n t e r e st s o r r e l a t i o n s h i p s a r e i n v o l v e d in a n y d e c i s i o n p e n d i n g b e f o r e a ny T o w n o f f i c i a l , appointee, or em p l o y e e , o r t h e b o d y o f w h i c h h e i s a m e m b e r , s u c h T o w n of f i c i a l , a p p o i n t e e , o r e m p l o y e e m u st d i s c l o s e s u c h i n t e r e s t o r re l a t i o n s h i p a s p r o v i d e d i n s u b s e c ti o n ( d ) a n d , i n t h e c a s e o f a n in t e r e s t d e s c r i b e d i n s u b s e c t i o n (b ) ( 6 ) , a s p r o v i d e d i n s u b s e c t i o n (e ) , s u b s e c t i o n ( f ) , o r s u b s e c t i on ( g ) b e l o w , b u t h e s h a l l b e pe r m i t t e d t o v o t e o n a n d p a r t i c i p a t e in t h e c o n s i d e r a t i o n o f s u c h ma t t e r : (1 ) A d e c i s i o n c o n c e r n i n g a b a n k o r o t h e r f i n a n c i a l in s t i t u t i o n f r o m w h i c h t h e T o wn o f f i c i a l , a p p o i n t e e , o r em p l o y e e h a s a h o m e m o r t g a g e , a u t o m o b i l e l o a n , o r o t h e r in s t a l l m e n t l o a n , i f t h e l o a n i s n o t c u r r e n t l y i n d e f a u l t , w a s or i g i n a l l y f o r a t e r m o f m o r e t h a n t w o y e a r s a n d c a n n o t b e ac c e l e r a t e d e x c e p t f o r f a i l u r e t o m a k e p a y m e n t s a c c o r d i n g to t h e t e r m s t h e r e o f ; (2 ) A d e c i s i o n c o n c e r n i n g a b a n k o r o t h e r f i n a n c i a l in s t i t u t i o n i n w h i c h t h e T o wn o f f i c i a l , appointee, or em p l o y e e h o l d s a s a v i n g s a c co u n t , c h e c k i n g a c c o u n t o r Di s c l o s u r e o f I n t e r e s t - C o m p a r i s o n o f S o u t h l a k e 1 9 9 5 t o 2 0 0 7 Di s c l o s u r e o f I n t e r e s t - S L v s S L 11 - 1 7 - 1 0 R e v 1 W C R Pa g e 1 o 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 e U . 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 u s i n es s e n t i t y w i t h w h i c h t h e of f i c e r , e m p l o y e e , o r a d v i s o r y b o a rd m e m b e r h a s a r e t a i l o r c r e d i t ca r d a c c o u n t ; (4 ) A d e c i s i o n c o n c e r n i n g t h e a p p r o v a l o f s u b s t i t u t i o n o f co l l a t e r a l b y a T o w n d e p o s i t o r y b a n k : (5 ) A d e c i s i o n c o n c e r n i n g r e a l p r o p e r t y i n w h i c h t h e T o w n of f i c i a l , a p p o i n t e e , o r e m p l o y e e h a s a s u b s t a n t i a l i n t e r e s t i f i t i s no t r e a s o n a b l y f o r e s e e a b l e t h a t s u c h d e c i s i o n w o u l d h a v e a sp e c i a l e c o n o m i c e f f e c t o n t h e v a l u e o f t h e p r o p e r t y , di s t i n g u i s h a b l e f r o m t h e e f f e c t on t h e p u b l i c ( s e e S e c t i 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 e o f d e p o s i t a n d w h i c h i s f u l l y i n s u r e d b y t h e U. S . g o v e r n m e n t 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 u s i n es s e n t i t y w i t h w h i c h t h e To w n o f f i c i a l , a p p o i n t e e , o r e m pl o y e e h a s a r e t a i l o r c r e d i t ca r d a c c o u n t ; (4 ) A d e c i s i o n c o n c e r n i n g t h e a p p r o v a l o f s u b s t i t u t i o n o f co l l a t e r a l b y a T o w n d e p o s i t o r y b a n k ; (5 ) A d e c i s i o n c o n c e r n i n g r e a l p r o p e r t y i n w h i c h t h e To w n o f f i c i a l , a p p o i n t e e o r e m p l o y e e h a s a s u b s t a n t i a l in t e r e s t i f i t i s n o t r e a s o n a b l y f o r e s e e a b l e t h a t s u c h de c i s i o n w o u l d h a v e a s p e c i a l e c o n o m i c e f f e c t o n t h e va l u e o f t h e p r o p e r t y , d i s t i n g u i sh a b l e f r o m t h e e f f e c t o n th e p u b l i c ( s e e § 1 7 1 . 0 0 4 , T e x a s L o c a l G o v e r n m e n t Co d e ) . (6 ) A r e l a t i o n s h i p b e t w e e n a T o w n o f f i c i a l , a p p o i n t e e o r em p l o y e e a n d a p e r s o n w h o h a s c o n t r a c t e d w i t h t h e T o w n or i s c o n s i d e r i n g d o i n g b u s i n e s s w i t h t h e T o w n , i f t h e To w n o f f i c i a l , a p p o i n t e e , e m p l oy e e , o r f a m i l y m e m b e r o f th e T o w n o f f i c i a l , a p p o i n t e e or e m p l o y e e h a s r e c e i v e d o n e or m o r e g i f t s f r o m a p e r s o n w h o h a s c o n t r a c t e d w i t h t h e To w n o r w i t h w h o m t h e T o w n i s c o n s i d e r i n g e n t e r i n g i n t o a c o n t r a c t a n d t h e g i f t ( s ) h a v e a n a g g r e g a t e v a l u e o f m o r e th a n $ 2 5 0 . 0 0 i n t h e 1 2 - m o n t h p e r i o d p r e c e d i n g t h e d a t e th e p e r s o n b e c o m e s a w a r e o f a co n t r a c t w i t h t h e T o w n o r th a t t h e T o w n i s c o n s i d e r i n g e n t e r i n g i n t o a c o n t r a c t w i t h th e p e r s o n . T h i s s h a l l n o t a p p l y to g i f t s g i v e n a s a p o l i t i c a l co n t r i b u t i o n a s d e f i n e d b y t h e el e c t i o n c o d e , g i f t s g i v e n b y a f a m i l y m e m b e r o f t h e p e r s o n a c c e p t i n g t h e g i f t , o r g i f t s of f o o d , l o d g i n g , t r a n s p o r t a t i o n or e n t e r t a i n m e n t a c c e p t e d Di s c l o s u r e o f I n t e r e s t - S L v s S L 11 - 1 7 - 1 0 R e v 1 W C R Pa g e 2 o f 8 To w n Co u n c i l 15 of 23 5 Me e t i n g Date: December 6, 2010 C. A T o w n o f f i c i a l , a p p o in t e e o r e m p l o y e e s h a l l d i s c l o s e t h e ex i s t e n c e o f a n y s u b s t a n t i a l i n t e r e st i n a b u s i n e s s e n t i t y o r r e a l pr o p e r t y i n v o l v e d i n a n y d e c i s i o n p e n d i n g b e f o r e s u c h T o w n of f i c i a l , a p p o i n t e e o r e m p l o y e e , o r t h e b o d y o f w h i c h h e i s a me m b e r . T o c o m p l y w i t h t h i s p a r a g r a p h , a T o w n o f f i c i a l , ap p o i n t e e o r e m p l o y e e s h a l l , pr i o r t o a n y d i s c u s s i o n o r de t e r m i n a t i o n o f t h e m a t t e r , e i t h e r fi l e a n d a f f i d a v i t o f d i s c l o s u r e as r e q u i r e d b y S e c t i o n 1 7 1 . 0 0 4 o f th e T e x a s L o c a l G o v e r n m e n t Co d e o r , i f n o t s o r e q u i r e d , s h a l l pu b l i c l y d i s c l o s e i n t h e o f f i c i a l re c o r d s o f t h e b o d y o r o f t h e T o w n S e c r e t a r y t h e n a t u r e o f t h e in t e r e s t . T o c o m p l y w i t h t h i s pa r a g r a p h , a T o w n e m p l o y e e s h a l l no t i f y h i s o r h e r s u p e r i o r i n wr i t i n g o f t h e n a t u r e o f a n y su b s t a n t i a l i n t e r e s t h e m a y h a v e i n a b u s i n e s s e n t i t y o r r e a l as a g u e s t . (c ) I f t h e f o l l o w i n g r e l a t i o n s h i p e x is t s b e t w e e n a n y T o w n o f f i c i a l , ap p o i n t e e , e m p l o y e e o r f a m i l y me m b e r o f a T o w n o f f i c i a l , ap p o i n t e e o r e m p l o y e e , s u c h T o w n o f f i c i a l , a p p o i n t e e o r em p l o y e e m u s t d i s c l o s e s u c h i n t e re s t a s p r o v i d e d i n s u b s e c t i o n (e ) , s u b s e c t i o n ( f ) , o r s u b s e c t i on ( g ) b e l o w a n d s h a l l n o t , i n ac c o r d a n c e w i t h s u b s e c t i o n ( a ) , di s c u s s t h e s u b s t a n c e o f t h e ma t t e r a t a n y t i m e w i t h a n y o t h e r m e m b e r o f t h e b o a r d o f w h i c h he o r s h e i s a m e m b e r o r a n y o t h e r b o d y w h i c h w i l l v o t e o n o r ot h e r w i s e p a r t i c i p a t e i n t h e c o n s i d e r a t i o n o f t h e m a t t e r . A re l a t i o n s h i p s h a l l e x i s t i f t h e T o wn o f f i c i a l , a p p o i n t e e , e m p l o y e e , or f a m i l y m e m b e r o f t h e T o w n o f f i c i a l , a p p o i n t e e o r e m p l o y e e re c e i v e s t a x a b l e i n c o m e , o t h e r th a n i n v e s t m e n t i n c o m e , t h a t ex c e e d s $ 2 , 5 0 0 . 0 0 f r o m a p e r s o n w h o c o n t r a c t s w i t h t h e T o w n o r wi t h w h o m t h e T o w n i s c o n s i d e r i n g e n t e r i n g i n t o a c o n t r a c t i f su c h i n c o m e w a s r e c e i v e d d u r i ng t h e 1 2 - m o n t h p e r i o d p r e c e d i n g th e d a t e t h e T o w n o f f i c i a l , a p p o i nt e e o r e m p l o y e e b e c o m e s a w a r e of t h e e x i s t i n g o r p o t e n t i a l c o n t r a c t . (d ) A T o w n o f f i c i a l , a p p o i n t e e o r e m p l o y e e s h a l l d i s c l o s e t h e ex i s t e n c e o f a n y s u b s t a n t i a l i n t e r e st i n a b u s i n e s s e n t i t y o r r e a l pr o p e r t y i n v o l v e d i n a n y d e c i s i o n p e n d i n g b e f o r e s u c h T o w n of f i c i a l , a p p o i n t e e o r e m p l o y e e , o r t h e b o d y o f w h i c h h e i s a me m b e r . T o c o m p l y w i t h t h i s p a r a g r a p h , a T o w n o f f i c i a l o r ap p o i n t e e s h a l l , p r i o r t o a n y d i sc u s s i o n o r d e t e r m i n a t i o n o f t h e ma t t e r , e i t h e r f i l e a n a f f i d a v i t o f d i s c l o s u r e a s r e q u i r e d b y § 17 1 . 0 0 4 o f t h e T e x a s L o c a l G o v e r n me n t C o d e o r , i f n o t s o re q u i r e d , s h a l l p u b l i c l y d i s c l o s e i n t h e o f f i c i a l r e c o r d s o f t h e b o d y or o f t h e T o w n s e c r e t a r y t h e n a t u r e o f t h e i n t e r e s t . T o c o m p l y wi t h t h i s p a r a g r a p h , a T o w n e m pl o y e e s h a l l n o t i f y h i s o r h e r su p e r i o r , a n d t h e d i r e c t o r o f h u ma n r e s o u r c e s i n w r i t i n g o f t h e na t u r e o f a n y s u b s t a n t i a l i n t e r e s t h e m a y h a v e i n a b u s i n e s s e n t i t y Di s c l o s u r e o f I n t e r e s t - S L v s S L 11 - 1 7 - 1 0 R e v 1 W C R Pa g e 3 o f 8 To w n Co u n c i l 16 of 23 5 Me e t i n g Date: December 6, 2010 pr o p e r t y w h i c h w o u l d b e a f f e c t e d by a n e x e r c i s e o f d i s c r e t i o n a r y au t h o r i t y b y t h e T o w n e m p l o y e e a n d s u c h s u p e r i o r s h a l l a s s i g n th e m a t t e r t o a n o t h e r e m p l o y e e . or r e a l p r o p e r t y w h i c h w ou l d b e a f f e c t e d b y a n e x e r c i s e o f di s c r e t i o n a r y a u t h o r i t y b y t h e T o w n e m p l o y e e . T h e e m p l o y e e ' s su p e r i o r s h a l l a s s i g n t h e m a tt e r t o a n o t h e r e m p l o y e e . (e ) A C o u n c i l m e m b e r o r t h e T o w n m a n a g e r s h a l l d i s c l o s e a re l a t i o n s h i p a s d e f i n e d i n s u b s e c t io n s ( b ) ( 6 ) a n d ( c ) t h a t e x i s t s be t w e e n t h e C o u n c i l m e m b e r , t h e T o w n m a n a g e r o r f a m i l y me m b e r o f t h e C o u n c i l m e m b e r o r T o w n m a n a g e r w i t h a p e r s o n wh o e n t e r s i n t o a c o n t r a c t t h e T o wn o r w i t h w h o m t h e T o w n i s co n s i d e r i n g e n t e r i n g i n t o a c o n t r a c t b y f i l i n g a c o n f l i c t s d i s c l o s u r e st a t e m e n t w i t h t h e T o w n s e c r e t ar y a s r e q u i r e d b y § 1 7 6 . 0 0 3 o f t h e Te x a s L o c a l G o v e r n m e n t C o d e . T h e di s c l o s u r e s t a t e m e n t f o r m i s av a i l a b l e f r o m t h e T o w n se c r e t a r y o r b y v i s i t i n g ww w . e t h i c s . s t a t e . t x . u s / w h a t s n e w / c o n f li c t f o r m s . T h i s d i s c l o s u r e sh a l l b e f i l e d n o t l a t e r t h a n 5 : 00 p . m . o n t h e s e v e n t h b u s i n e s s d a y af t e r t h e d a t e o n w h i c h t h e C o u n c i l m e m b e r o r t h e T o w n m a n a g e r be c o m e s a w a r e o f t h e e x i s t e n c e o f a r e l a t i o n s h i p a s d e f i n e d i n su b s e c t i o n s ( b ) ( 6 ) a n d ( c ) . (f ) A n a p p o i n t e e s h a l l d i s c l o s e a r e l a t i o n s h i p a s d e f i n e d i n su b s e c t i o n s ( b ) ( 6 ) a n d ( c ) t h a t e x is t s b e t w e e n t h e a p p o i n t e e , o r fa m i l y m e m b e r o f t h e a p p o i n t e e w i th a p e r s o n w h o e n t e r s i n t o a co n t r a c t w i t h t h e T o w n o r w i t h w h o m t h e T o w n i s c o n s i d e r i n g en t e r i n g i n t o a c o n t r a c t b y f i l i n g a w r i t t e n s t a t e m e n t w i t h t h e To w n s e c r e t a r y o n a f o r m p r o m u l g a t e d b y t h e T o w n s e c r e t a r y f o r th a t p u r p o s e . T h i s s t a t e m e n t s h a l l be f i l e d n o t l a t e r than 5:00 p.m. on t h e s e v e n t h b u s i n e s s d a y a f t e r th e d a t e o n w h i c h t h e a p p o i n t e e or e m p l o y e e b e c o m e s a w a r e o f t h e ex i s t e n c e o f a r e l a t i o n s h i p a s de f i n e d i n s u b s e c t i o n s ( b ) ( 6 ) a n d ( c ) . (g ) A n e m p l o y e e o f t h e T o w n s h al l d i s c l o s e a r e l a t i o n s h i p a s de f i n e d i n s u b s e c t i o n s ( b ) ( 6 ) a nd ( c ) t h a t e x i s t s b e t w e e n t h e em p l o y e e , o r f a m i l y m e m b e r o f t h e e m p l o y e e , w i t h a p e r s o n w h o Di s c l o s u r e o f I n t e r e s t - S L v s S L 11 - 1 7 - 1 0 R e v 1 W C R Pa g e 4 o f 8 To w n Co u n c i l 17 of 23 5 Me e t i n g Date: December 6, 2010 en t e r s i n t o a c o n t r a ct w i t h t h e To w n o r w i t h w h o m t h e T o w n i s co n s i d e r i n g e n t e r i n g i n t o a c o n t r a ct b y f i l i n g a w r i t t e n s t a t e m e n t wi t h t h e d i r e c t o r o f h u m a n r e s o u r c e s o n a f o r m p r o m u l g a t e d b y th e h u m a n r e s o u r c e s d e p a r t m e n t f o r t h a t p u r p o s e . T h i s no t i f i c a t i o n s h a l l b e p r o v i d e d no t l a t e r t h a n 5 : 0 0 p . m . o n t h e se v e n t h b u s i n e s s d a y a f t e r t h e d a t e o n w h i c h e m p l o y e e b e c o m e s aw a r e o f t h e e x i s t e n c e o f a r e l a t i o n s h i p a s d e f i n e d i n s u b s e c t i o n s (b ) ( 6 ) a n d ( c ) . Ex c e r p t s f r o m t h e L o c a l G o v e r n m e n t C o d e : Se c . 1 7 1 . 0 0 4 . A F F I D A V I T A N D A B S T E N T I O N F R O M V O T I N G R E Q U I R E D . ( a ) I f a l o c a l pu b l i c o f f i c i a l h a s a s u b s t a n t i a l i n t e r e s t i n a b u s i n e s s e n t i t y o r i n r e a l p r o p e r t y , t h e of f i c i a l s h a l l f i l e , b e f o r e a v o t e o r d e c i s i o n o n a n y m a t t e r i n v o l v i n g t h e b u s i n e s s en t i t y o r t h e r e a l p r o p e r t y , a n a f f i d a v i t s t a t i n g t h e n a t u r e a n d e x t e n t o f t h e i n t e r e s t an d s h a l l a b s t a i n f r o m f u r t h e r p a r t i c i p a t i o n i n t h e m a t t e r i f : (1 ) i n t h e c a s e o f a s u b s t a n t i a l i n t e r e s t i n a b u s i n e s s e n t i t y t h e a c t i o n o n th e m a t t e r w i l l h a v e a s p e c i a l e c o n o m i c e f f e c t o n t h e b u s i n e s s e n t i t y t h a t i s di s t i n g u i s h a b l e f r o m t h e e f f e c t o n t h e p u b l i c ; o r (2 ) i n t h e c a s e o f a s u b s t a n t i a l i n t e r e s t i n r e a l p r o p e r t y , i t i s r e a s o n a b l y fo r e s e e a b l e t h a t a n a c t i o n o n t h e m a t t e r w i l l h a v e a s p e c i a l e c o n o m i c e f f e c t o n t h e v a l u e of t h e p r o p e r t y , d i s t i n g u i s h a b l e f r o m i t s e f f e c t o n t h e p u b l i c . (b ) T h e a f f i d a v i t m u s t b e f i l e d w i t h t h e o f f i c i a l r e c o r d k e e p e r o f t h e g o v e r n m e n t a l en t i t y . (c ) I f a l o c a l p u b l i c o f f i c i a l i s r e q u i r e d t o f i l e a n d d o e s f i l e a n a f f i d a v i t u n d e r Su b s e c t i o n ( a ) , t h e o f f i c i a l i s n o t r e q u i r e d t o a b s t a i n f r o m f u r t h e r p a r t i c i p a t i o n i n t h e Di s c l o s u r e o f I n t e r e s t - S L v s S L 11 - 1 7 - 1 0 R e v 1 W C R Pa g e 5 o f 8 To w n Co u n c i l 18 of 23 5 Me e t i n g Date: December 6, 2010 ma t t e r r e q u i r i n g t h e a f f i d a v i t i f a m a j o r i t y o f t h e m e m b e r s o f t h e g o v e r n m e n t a l e n t i t y o f wh i c h t h e o f f i c i a l i s a m e m b e r i s c o m p o s e d o f p e r s o n s w h o a r e l i k e w i s e r e q u i r e d t o f i l e an d w h o d o f i l e a f f i d a v i t s o f s i m i l a r i n t e r e s t s o n t h e s a m e o f f i c i a l a c t i o n . Ac t s 1 9 8 7 , 7 0 t h L e g . , c h . 1 4 9 , S e c . 1 , e f f . S e p t . 1 , 1 9 8 7 . A m e n d e d b y A c t s 1 9 8 9 , 7 1 s t Le g . , c h . 1 , S e c . 4 0 ( a ) , e f f . A u g . 2 8 , 1 9 8 9 . Se c . 1 7 6 . 0 0 2 . A P P L I C A B I L I T Y T O C E R T A I N V E N D O R S A N D O T H E R P E R S O N S . ( a ) T h i s ch a p t e r a p p l i e s t o a p e r s o n w h o : (1 ) e n t e r s o r s e e k s t o e n t e r i n t o a c o n t r a c t w i t h a l o c a l g o v e r n m e n t a l e n t i t y ; or (2 ) i s a n a g e n t o f a p e r s o n d e s c r i b e d b y S u b d i v i s i o n ( 1 ) i n t h e p e r s o n ' s bu s i n e s s w i t h a l o c a l g o v e r n m e n t a l e n t i t y . (b ) A p e r s o n i s n o t s u b j e c t t o t h e d i s c l o s u r e r e q u i r e m e n t s o f t h i s c h a p t e r i f t h e pe r s o n i s : (1 ) a s t a t e , a p o l i t i c a l s u b d i v i s i o n o f a s t a t e , t h e f e d e r a l g o v e r n m e n t , o r a fo r e i g n g o v e r n m e n t ; o r (2 ) a n e m p l o y e e o f a n e n t i t y d e s c r i b e d b y S u b d i v i s i o n ( 1 ) , a c t i n g i n t h e em p l o y e e ' s o f f i c i a l c a p a c i t y . Ad d e d b y A c t s 2 0 0 5 , 7 9 t h L e g . , C h . 10 1 4 , S e c . 1 , e f f . J u n e 1 8 , 2 0 0 5 . Am e n d e d b y : Ac t s 2 0 0 7 , 8 0 t h L e g . , R . S . , C h . 22 6 , S e c . 2 , e f f . M a y 2 5 , 2 0 0 7 . Di s c l o s u r e o f I n t e r e s t - S L v s S L 11 - 1 7 - 1 0 R e v 1 W C R Pa g e 6 o f 8 To w n Co u n c i l 19 of 23 5 Me e t i n g Date: December 6, 2010 Se c . 1 7 6 . 0 0 3 . C O N F L I C T S D I S C L O S U R E S T A T E M E N T R E Q U I R E D . ( a ) A l o c a l g o v e r n m e n t of f i c e r s h a l l f i l e a c o n f l i c t s d i s c l o s u r e s t a t e m e n t w i t h r e s p e c t t o a p e r s o n d e s c r i b e d b y Se c t i o n 1 7 6 . 0 0 2 ( a ) i f : (1 ) t h e p e r s o n e n t e r s i n t o a c o n t r a c t w i t h t h e l o c a l g o v e r n m e n t a l e n t i t y o r th e l o c a l g o v e r n m e n t a l e n t i t y i s c o n s i d e r i n g e n t e r i n g i n t o a c o n t r a c t w i t h t h e p e r s o n ; an d (2 ) t h e p e r s o n : (A ) h a s a n e m p l o y m e n t o r o t h e r b u s i n e s s r e l a t i o n s h i p w i t h t h e l o c a l go v e r n m e n t o f f i c e r o r a f a m i l y m e m b e r o f t h e o f f i c e r t h a t r e s u l t s i n t h e o f f i c e r o r fa m i l y m e m b e r r e c e i v i n g t a x a b l e i n c o m e , o t h e r t h a n i n v e s t m e n t i n c o m e , t h a t e x c e e d s $ 2 , 5 0 0 du r i n g t h e 1 2 - m o n t h p e r i o d p r e c e d i n g t h e d a t e t h a t t h e o f f i c e r b e c o m e s a w a r e t h a t : (i ) a c o n t r a c t d e s c r i b e d b y S u b d i v i s i o n ( 1 ) h a s b e e n e x e c u t e d ; o r (i i ) t h e l o c a l g o v e r n m e n t a l e n t i t y i s c o n s i d e r i n g e n t e r i n g i n t o a co n t r a c t w i t h t h e p e r s o n ; o r (B ) h a s g i v e n t o t h e l o c a l g o v e r n m e n t o f f i c e r o r a f a m i l y m e m b e r o f t h e of f i c e r o n e o r m o r e g i f t s t h a t h a v e a n a g g r e g a t e v a l u e o f m o r e t h a n $ 2 5 0 i n t h e 1 2 - m o n t h pe r i o d p r e c e d i n g t h e d a t e t h e o f f i c e r b e c o m e s a w a r e t h a t : (i ) a c o n t r a c t d e s c r i b e d b y S u b d i v i s i o n ( 1 ) h a s b e e n e x e c u t e d ; o r (i i ) t h e l o c a l g o v e r n m e n t a l e n t i t y i s c o n s i d e r i n g e n t e r i n g i n t o a co n t r a c t w i t h t h e p e r s o n . (a - 1 ) A l o c a l g o v e r n m e n t o f f i c e r i s n o t r e q u i r e d t o f i l e a c o n f l i c t s d i s c l o s u r e st a t e m e n t i n r e l a t i o n t o a g i f t a c c e p t e d b y t h e o f f i c e r o r a f a m i l y m e m b e r o f t h e o f f i c e r if t h e g i f t i s : (1 ) g i v e n b y a f a m i l y m e m b e r o f t h e p e r s o n a c c e p t i n g t h e g i f t ; (2 ) a p o l i t i c a l c o n t r i b u t i o n a s d e f i n e d b y T i t l e 1 5 , E l e c t i o n C o d e ; o r Di s c l o s u r e o f I n t e r e s t - S L v s S L 11 - 1 7 - 1 0 R e v 1 W C R Pa g e 7 o f 8 To w n Co u n c i l 20 of 23 5 Me e t i n g Date: December 6, 2010 Di s c l o s u r e o f I n t e r e s t - S L v s S L 11 - 1 7 - 1 0 R e v 1 W C R Pa g e 8 o f 8 (3 ) f o o d , l o d g i n g , t r a n s p o r t a t i o n , o r e n t e r t a i n m e n t a c c e p t e d a s a g u e s t . (b ) A l o c a l g o v e r n m e n t o f f i c e r s h a l l f i l e t h e c o n f l i c t s d i s c l o s u r e s t a t e m e n t w i t h th e r e c o r d s a d m i n i s t r a t o r o f t h e l o c a l g o v e r n m e n t a l e n t i t y n o t l a t e r t h a n 5 p . m . o n t h e se v e n t h b u s i n e s s d a y a f t e r t h e d a t e o n w h i c h t h e o f f i c e r b e c o m e s a w a r e o f t h e f a c t s t h a t re q u i r e t h e f i l i n g o f t h e s t a t e m e n t u n d e r S u b s e c t i o n ( a ) . (c ) A l o c a l g o v e r n m e n t o f f i c e r c o m m i t s a n o f f e n s e i f t h e o f f i c e r k n o w i n g l y v i o l a t e s th i s s e c t i o n . A n o f f e n s e u n d e r t h i s s u b s e c t i o n i s a C l a s s C m i s d e m e a n o r . (d ) I t i s a n e x c e p t i o n t o t h e a p p l i c a t i o n o f S u b s e c t i o n ( c ) t h a t t h e p e r s o n f i l e d th e r e q u i r e d c o n f l i c t s d i s c l o s u r e s t a t e m e n t n o t l a t e r t h a n t h e s e v e n t h b u s i n e s s d a y a f t e r th e d a t e t h e p e r s o n r e c e i v e d n o t i c e f r o m t h e l o c a l g o v e r n m e n t a l e n t i t y o f t h e a l l e g e d vi o l a t i o n . Ad d e d b y A c t s 2 0 0 5 , 7 9 t h L e g . , C h . 10 1 4 , S e c . 1 , e f f . J u n e 1 8 , 2 0 0 5 . Am e n d e d b y : Ac t s 2 0 0 7 , 8 0 t h L e g . , R . S . , C h . 22 6 , S e c . 3 , e f f . M a y 2 5 , 2 0 0 7 . To w n Co u n c i l 21 of 23 5 Me e t i n g Date: December 6, 2010 Tr o p h y C l u b P r o p o s e d S e c t i o n 5 ( a ka R o u n d R o c k ) So u t h l a k e (1 ) I f a n y T o w n o f f i c i a l o r a p p o i n t e e h a s a s u b s t a n t i a l i n t e r e s t i n an y r e a l p r o p e r t y o r b u s i n e s s e n t i t y i n v o l v e d i n a n y d e c i s i o n pe n d i n g b e f o r e t h e b o d y o f w h i c h t h e T o w n o f f i c i a l o r a p p o i n t e e is a m e m b e r , t h e T o w n o f f i c i a l o r a p p o i n t e e s h a l l n o t v o t e o r ot h e r w i s e p a r t i c i p a t e i n t h e c o n s i d e r a t i o n o f t h e m a t t e r . (2 ) I f a n y e m p l o y e e h a s a s u b s t a n t i a l i n t e r e s t i n a n y r e a l p r o p e r t y or b u s i n e s s e n t i t y i n v o l v e d i n a n y d e c i s i o n p e n d i n g b e f o r e t h e de p a r t m e n t b y w h i c h t h e e m p l o y ee i s e m p l o y e d , t h e e m p l o y e e sh a l l n o t p a r t i c i p a t e i n t h e c o n s i d e r a t i o n o f t h e m a t t e r . (a ) I f a n y T o w n o f f i c i a l , a p p o i n t ee o r e m p l o y e e h a s a s u b s t a n t i a l in t e r e s t i n a b u s i n e s s e n t i t y o r r e a l p r o p e r t y i n v o l v e d i n a n y de c i s i o n p e n d i n g b e f o r e s u c h T o w n o f f i c i a l , a p p o i n t e e , e m p l o y e e , or t h e b o d y o f w h i c h h e o r s h e i s a m e m b e r , s u c h T o w n o f f i c i a l , ap p o i n t e e , o r e m p l o y e e , s h a l l d i s c l o s e s u c h i n t e r e s t a s p r o v i d e d i n su b s e c t i o n ( d ) b e l o w a n d s h a l l n o t , e x c e p t a s p r o v i d e d i n su b s e c t i o n ( b ) b e l o w , d i s c u s s t h e s u b s t a n c e o f t h e m a t t e r a t a n y ti m e w i t h a n y o t h e r m e m b e r o f t h e b o a r d o f w h i c h h e i s a m e m b e r or a n y o t h e r b o d y w h i c h w i l l v o t e o n or o t h e r w i s e p a r t i c i p a t e i n th e c o n s i d e r a t i o n o f t h e m a t t e r . (b ) I f a n y o f t h e f o l l o w i n g i n t e r e st s o r r e l a t i o n s h i p s a r e i n v o l v e d in a n y d e c i s i o n p e n d i n g b e f o r e a ny T o w n o f f i c i a l , appointee, or em p l o y e e , o r t h e b o d y o f w h i c h h e i s a m e m b e r , s u c h T o w n of f i c i a l , a p p o i n t e e , o r e m p l o y e e m u st d i s c l o s e s u c h i n t e r e s t o r re l a t i o n s h i p a s p r o v i d e d i n s u b s e c ti o n ( d ) a n d , i n t h e c a s e o f a n in t e r e s t d e s c r i b e d i n s u b s e c t i o n (b ) ( 6 ) , a s p r o v i d e d i n s u b s e c t i o n (e ) , s u b s e c t i o n ( f ) , o r s u b s e c t i on ( g ) b e l o w , b u t h e s h a l l b e pe r m i t t e d t o v o t e o n a n d p a r t i c i p a t e in t h e c o n s i d e r a t i o n o f s u c h ma t t e r : (1 ) A d e c i s i o n c o n c e r n i n g a b a n k o r o t h e r f i n a n c i a l in s t i t u t i o n f r o m w h i c h t h e T o wn o f f i c i a l , a p p o i n t e e , o r em p l o y e e h a s a h o m e m o r t g a g e , a u t o m o b i l e l o a n , o r o t h e r in s t a l l m e n t l o a n , i f t h e l o a n i s n o t c u r r e n t l y i n d e f a u l t , w a s or i g i n a l l y f o r a t e r m o f m o r e t h a n t w o y e a r s a n d c a n n o t b e ac c e l e r a t e d e x c e p t f o r f a i l u r e t o m a k e p a y m e n t s a c c o r d i n g to t h e t e r m s t h e r e o f ; (2 ) A d e c i s i o n c o n c e r n i n g a b a n k o r o t h e r f i n a n c i a l Di s c l o s u r e o f I n t e r e s t - C o m p a r i s o n o f T r o p h y C l u b t o S o u t h l a k e Pa g e | 1 Di s c l o s u r e o f I n t e r e s t - T C v s S L 10 . 2 6 . 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 t i t u t i o n i n w h i c h t h e T o wn o f f i c i a l , appointee, or em p l o y e e h o l d s a s a v i n g s a c co u n t , c h e c k i n g a c c o u n t o r ce r t i f i c a t e o f d e p o s i t a n d w h i c h i s f u l l y i n s u r e d b y t h e U. S . g o v e r n m e n t 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 u s i n es s e n t i t y w i t h w h i c h t h e To w n o f f i c i a l , a p p o i n t e e , o r e m pl o y e e h a s a r e t a i l o r c r e d i t ca r d a c c o u n t ; (4 ) A d e c i s i o n c o n c e r n i n g t h e a p p r o v a l o f s u b s t i t u t i o n o f co l l a t e r a l b y a T o w n d e p o s i t o r y b a n k ; (5 ) A d e c i s i o n c o n c e r n i n g r e a l p r o p e r t y i n w h i c h t h e To w n o f f i c i a l , a p p o i n t e e o r e m p l o y e e h a s a s u b s t a n t i a l in t e r e s t i f i t i s n o t r e a s o n a b l y f o r e s e e a b l e t h a t s u c h de c i s i o n w o u l d h a v e a s p e c i a l e c o n o m i c e f f e c t o n t h e va l u e o f t h e p r o p e r t y , d i s t i n g u i sh a b l e f r o m t h e e f f e c t o n th e p u b l i c ( s e e § 1 7 1 . 0 0 4 , T e x a s L o c a l G o v e r n m e n t Co d e ) . (6 ) A r e l a t i o n s h i p b e t w e e n a T o w n o f f i c i a l , a p p o i n t e e o r em p l o y e e a n d a p e r s o n w h o h a s c o n t r a c t e d w i t h t h e T o w n or i s c o n s i d e r i n g d o i n g b u s i n e s s w i t h t h e T o w n , i f t h e To w n o f f i c i a l , a p p o i n t e e , e m p l oy e e , o r f a m i l y m e m b e r o f th e T o w n o f f i c i a l , a p p o i n t e e or e m p l o y e e h a s r e c e i v e d o n e or m o r e g i f t s f r o m a p e r s o n w h o h a s c o n t r a c t e d w i t h t h e To w n o r w i t h w h o m t h e T o w n i s c o n s i d e r i n g e n t e r i n g i n t o a c o n t r a c t a n d t h e g i f t ( s ) h a v e a n a g g r e g a t e v a l u e o f m o r e th a n $ 2 5 0 . 0 0 i n t h e 1 2 - m o n t h p e r i o d p r e c e d i n g t h e d a t e th e p e r s o n b e c o m e s a w a r e o f a co n t r a c t w i t h t h e T o w n o r th a t t h e T o w n i s c o n s i d e r i n g e n t e r i n g i n t o a c o n t r a c t w i t h Pa g e | 2 Di s c l o s u r e o f I n t e r e s t - T C v s S L 10 . 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 ) I n t h e c a s e o f a T o w n o f f i c i a l o r a p p o i n t e e , t h e T o w n o f f i c i a l o r ap p o i n t e e s h a l l p u b l i c l y d i s c l o s e , v e r b a l l y o r i n w r i t i n g , t h e n a t u r e an d e x t e n t o f s u c h i n t e r e s t t o t h e b o d y o n w h i c h t h e T o w n o f f i c i a l or a p p o i n t e e s e r v e s p r i o r t o a n y d i s c u s s i o n o r d e t e r m i n a t i o n o f th e m a t t e r t o b e c o n s i d e r e d o r i m m e d i a t e l y u p o n d i s c o v e r y o f t h e co n f l i c t o f i n t e r e s t . T h e s t a t e m e n t o f d i s c l o s u r e s h a l l b e i n c l u d e d th e p e r s o n . T h i s s h a l l n o t a p p l y to g i f t s g i v e n a s a p o l i t i c a l co n t r i b u t i o n a s d e f i n e d b y t h e el e c t i o n c o d e , g i f t s g i v e n b y a f a m i l y m e m b e r o f t h e p e r s o n a c c e p t i n g t h e g i f t , o r g i f t s of f o o d , l o d g i n g , t r a n s p o r t a t i o n or e n t e r t a i n m e n t a c c e p t e d as a g u e s t . (c ) I f t h e f o l l o w i n g r e l a t i o n s h i p e x is t s b e t w e e n a n y T o w n o f f i c i a l , ap p o i n t e e , e m p l o y e e o r f a m i l y me m b e r o f a T o w n o f f i c i a l , ap p o i n t e e o r e m p l o y e e , s u c h T o w n o f f i c i a l , a p p o i n t e e o r em p l o y e e m u s t d i s c l o s e s u c h i n t e re s t a s p r o v i d e d i n s u b s e c t i o n (e ) , s u b s e c t i o n ( f ) , o r s u b s e c t i on ( g ) b e l o w a n d s h a l l n o t , i n ac c o r d a n c e w i t h s u b s e c t i o n ( a ) , di s c u s s t h e s u b s t a n c e o f t h e ma t t e r a t a n y t i m e w i t h a n y o t h e r m e m b e r o f t h e b o a r d o f w h i c h he o r s h e i s a m e m b e r o r a n y o t h e r b o d y w h i c h w i l l v o t e o n o r ot h e r w i s e p a r t i c i p a t e i n t h e c o n s i d e r a t i o n o f t h e m a t t e r . A re l a t i o n s h i p s h a l l e x i s t i f t h e T o wn o f f i c i a l , a p p o i n t e e , e m p l o y e e , or f a m i l y m e m b e r o f t h e T o w n of f i c i a l , a p p o i n t e e o r e m p l o y e e re c e i v e s t a x a b l e i n c o m e , o t h e r th a n i n v e s t m e n t i n c o m e , t h a t ex c e e d s $ 2 , 5 0 0 . 0 0 f r o m a p e r s o n w h o c o n t r a c t s w i t h t h e T o w n o r wi t h w h o m t h e T o w n i s c o n s i d e r i n g e n t e r i n g i n t o a c o n t r a c t i f su c h i n c o m e w a s r e c e i v e d d u r i ng t h e 1 2 - m o n t h p e r i o d p r e c e d i n g th e d a t e t h e T o w n o f f i c i a l , a p p o i nt e e o r e m p l o y e e b e c o m e s a w a r e of t h e e x i s t i n g o r p o t e n t i a l c o n t r a c t . (d ) A T o w n o f f i c i a l , a p p o i n t e e o r e m p l o y e e s h a l l d i s c l o s e t h e ex i s t e n c e o f a n y s u b s t a n t i a l i n t e r e st i n a b u s i n e s s e n t i t y o r r e a l pr o p e r t y i n v o l v e d i n a n y d e c i s i o n p e n d i n g b e f o r e s u c h T o w n of f i c i a l , a p p o i n t e e o r e m p l o y e e , o r t h e b o d y o f w h i c h h e i s a me m b e r . T o c o m p l y w i t h t h i s p a r a g r a p h , a T o w n o f f i c i a l o r ap p o i n t e e s h a l l , p r i o r t o a n y d i sc u s s i o n o r d e t e r m i n a t i o n o f t h e ma t t e r , e i t h e r f i l e a n a f f i d a v i t o f d i s c l o s u r e a s r e q u i r e d b y § Pa g e | 3 Di s c l o s u r e o f I n t e r e s t - T C v s S L 10 . 2 6 . 1 0 To w n Co u n c i l 24 of 23 5 Me e t i n g Date: December 6, 2010 in t h e o f f i c i a l m i n u t e s o f t h e b o d y . 17 1 . 0 0 4 o f t h e T e x a s L o c a l G o v e r n me n t C o d e o r , i f n o t s o re q u i r e d , s h a l l p u b l i c l y d i s c l o s e i n t h e o f f i c i a l r e c o r d s o f t h e b o d y or o f t h e T o w n s e c r e t a r y t h e n a t u r e o f t h e i n t e r e s t . T o c o m p l y wi t h t h i s p a r a g r a p h , a T o w n e m pl o y e e s h a l l n o t i f y h i s o r h e r su p e r i o r , a n d t h e d i r e c t o r o f h u ma n r e s o u r c e s i n w r i t i n g o f t h e na t u r e o f a n y s u b s t a n t i a l i n t e r e s t h e m a y h a v e i n a b u s i n e s s e n t i t y or r e a l p r o p e r t y w h i c h w o u l d b e a f f e c t e d b y a n e x e r c i s e o f di s c r e t i o n a r y a u t h o r i t y b y t h e T o w n e m p l o y e e . T h e e m p l o y e e ' s su p e r i o r s h a l l a s s i g n t h e m a tt e r t o a n o t h e r e m p l o y e e . (e ) A C o u n c i l m e m b e r o r t h e T o w n m a n a g e r s h a l l d i s c l o s e a re l a t i o n s h i p a s d e f i n e d i n s u b s e c t io n s ( b ) ( 6 ) a n d ( c ) t h a t e x i s t s be t w e e n t h e C o u n c i l m e m b e r , t h e T o w n m a n a g e r o r f a m i l y me m b e r o f t h e C o u n c i l m e m b e r o r T o w n m a n a g e r w i t h a p e r s o n wh o e n t e r s i n t o a c o n t r a c t t h e T o wn o r w i t h w h o m t h e T o w n i s co n s i d e r i n g e n t e r i n g i n t o a c o n t r a c t b y f i l i n g a c o n f l i c t s d i s c l o s u r e st a t e m e n t w i t h t h e T o w n s e c r e t ar y a s r e q u i r e d b y § 1 7 6 . 0 0 3 o f t h e Te x a s L o c a l G o v e r n m e n t C o d e . T h e di s c l o s u r e s t a t e m e n t f o r m i s av a i l a b l e f r o m t h e T o w n se c r e t a r y o r b y v i s i t i n g ww w . e t h i c s . s t a t e . t x . u s / w h a t s n e w / c o n f li c t f o r m s . T h i s d i s c l o s u r e sh a l l b e f i l e d n o t l a t e r t h a n 5 : 00 p . m . o n t h e s e v e n t h b u s i n e s s d a y af t e r t h e d a t e o n w h i c h t h e C o u n c i l m e m b e r o r t h e T o w n m a n a g e r be c o m e s a w a r e o f t h e e x i s t e n c e o f a r e l a t i o n s h i p a s d e f i n e d i n su b s e c t i o n s ( b ) ( 6 ) a n d ( c ) . (f ) A n a p p o i n t e e s h a l l d i s c l o s e a r e l a t i o n s h i p a s d e f i n e d i n su b s e c t i o n s ( b ) ( 6 ) a n d ( c ) t h a t e x is t s b e t w e e n t h e a p p o i n t e e , o r fa m i l y m e m b e r o f t h e a p p o i n t e e w i th a p e r s o n w h o e n t e r s i n t o a co n t r a c t w i t h t h e T o w n o r w i t h w h o m t h e T o w n i s c o n s i d e r i n g en t e r i n g i n t o a c o n t r a c t b y f i l i n g a w r i t t e n s t a t e m e n t w i t h t h e To w n s e c r e t a r y o n a f o r m p r o m u l g a t e d b y t h e T o w n s e c r e t a r y f o r Pa g e | 4 Di s c l o s u r e o f I n t e r e s t - T C v s S L 10 . 2 6 . 1 0 To w n Co u n c i l 25 of 23 5 Me e t i n g Date: December 6, 2010 (4 ) I n t h e c a s e o f a n e m p l o y e e , t h e e m p l o y e e s h a l l d i s c l o s e s u c h in f o r m a t i o n i n w r i t i n g t o t h e e m p l o y e e ’ s s u p e r v i s o r a n d t o t h e To w n S e c r e t a r y p r i o r t o a n y c o n s i d e r a t i o n o f t h e m a t t e r . T h e To w n S e c r e t a r y s h a l l k e e p a f i l e o f e m p l o y e e s t a t e m e n t s o f di s c l o s u r e a n d s a i d f i l e s h a l l b e a p u b l i c r e c o r d o f t h e T o w n . th a t p u r p o s e . T h i s s t a t e m e n t s h a l l be f i l e d n o t l a t e r than 5:00 p.m. on t h e s e v e n t h b u s i n e s s d a y a f t e r th e d a t e o n w h i c h t h e a p p o i n t e e or e m p l o y e e b e c o m e s a w a r e o f t h e ex i s t e n c e o f a r e l a t i o n s h i p a s de f i n e d i n s u b s e c t i o n s ( b ) ( 6 ) a n d ( c ) . (g ) A n e m p l o y e e o f t h e T o w n s h al l d i s c l o s e a r e l a t i o n s h i p a s de f i n e d i n s u b s e c t i o n s ( b ) ( 6 ) a nd ( c ) t h a t e x i s t s b e t w e e n t h e em p l o y e e , o r f a m i l y m e m b e r o f t h e e m p l o y e e , w i t h a p e r s o n w h o en t e r s i n t o a c o n t r a c t w i t h t h e To w n o r w i t h w h o m t h e T o w n i s co n s i d e r i n g e n t e r i n g i n t o a c o n t r ac t b y f i l i n g a w r i t t e n s t a t e m e n t wi t h t h e d i r e c t o r o f h u m a n r e s o u r c e s o n a f o r m p r o m u l g a t e d b y th e h u m a n r e s o u r c e s d e p a r t m e n t f o r t h a t p u r p o s e . T h i s no t i f i c a t i o n s h a l l b e p r o v i d e d no t l a t e r t h a n 5 : 0 0 p . m . o n t h e se v e n t h b u s i n e s s d a y a f t e r t h e d a t e o n w h i c h e m p l o y e e b e c o m e s aw a r e o f t h e e x i s t e n c e o f a r e l a t i o n s h i p a s d e f i n e d i n s u b s e c t i o n s (b ) ( 6 ) a n d ( c ) . Pa g e | 5 Di s c l o s u r e o f I n t e r e s t - T C v s S L 10 . 2 6 . 1 0 To w n Co u n c i l 26 of 23 5 Me e t i n g 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 DRAFT 11-16-10 Rev 8 (Incorporates work from 11-15-10 Council workshop) WCR Page 1 of 16 Town Council 27 of 235 Meeting Date: December 6, 2010 DRAFT 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: DRAFT 11-16-10 Rev 8 (Incorporates work from 11-15-10 Council workshop) WCR Page 2 of 16 Town Council 28 of 235 Meeting Date: December 6, 2010 DRAFT (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. DRAFT 11-16-10 Rev 8 (Incorporates work from 11-15-10 Council workshop) WCR Page 3 of 16 Town Council 29 of 235 Meeting Date: December 6, 2010 DRAFT 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. DRAFT 11-16-10 Rev 8 (Incorporates work from 11-15-10 Council workshop) WCR Page 4 of 16 Town Council 30 of 235 Meeting Date: December 6, 2010 DRAFT 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). DRAFT 11-16-10 Rev 8 (Incorporates work from 11-15-10 Council workshop) WCR Page 5 of 16 Town Council 31 of 235 Meeting Date: December 6, 2010 DRAFT 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. DRAFT 11-16-10 Rev 8 (Incorporates work from 11-15-10 Council workshop) WCR Page 6 of 16 Town Council 32 of 235 Meeting Date: December 6, 2010 DRAFT (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. DRAFT 11-16-10 Rev 8 (Incorporates work from 11-15-10 Council workshop) WCR Page 7 of 16 Town Council 33 of 235 Meeting Date: December 6, 2010 DRAFT 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 DRAFT 11-16-10 Rev 8 (Incorporates work from 11-15-10 Council workshop) WCR Page 8 of 16 Town Council 34 of 235 Meeting Date: December 6, 2010 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 DRAFT 11-16-10 Rev 8 (Incorporates work from 11-15-10 Council workshop) WCR Page 9 of 16 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. DRAFT 11-16-10 Rev 8 (Incorporates work from 11-15-10 Council workshop) WCR Page 10 of 16 Town Council 36 of 235 Meeting Date: December 6, 2010 DRAFT (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. DRAFT 11-16-10 Rev 8 (Incorporates work from 11-15-10 Council workshop) WCR Page 11 of 16 Town Council 37 of 235 Meeting Date: December 6, 2010 DRAFT (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. DRAFT 11-16-10 Rev 8 (Incorporates work from 11-15-10 Council workshop) WCR Page 12 of 16 Town Council 38 of 235 Meeting Date: December 6, 2010 DRAFT (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 DRAFT 11-16-10 Rev 8 (Incorporates work from 11-15-10 Council workshop) WCR Page 13 of 16 Town Council 39 of 235 Meeting Date: December 6, 2010 DRAFT 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 DRAFT 11-16-10 Rev 8 (Incorporates work from 11-15-10 Council workshop) WCR Page 14 of 16 Town Council 40 of 235 Meeting Date: December 6, 2010 DRAFT 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. DRAFT 11-16-10 Rev 8 (Incorporates work from 11-15-10 Council workshop) WCR Page 15 of 16 Town Council 41 of 235 Meeting Date: December 6, 2010 DRAFT DRAFT 11-16-10 Rev 8 (Incorporates work from 11-15-10 Council workshop) WCR Page 16 of 16 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 In t r o d u c t i o n t o A s s e s s m e n t D i s t r i c t In f r a s t r u c t u r e F i n a n c i n g Te x a s P u b l i c I m p r o v e m e n t D i s t r i c t s 20 1 0 Co r p o r a t e O f f i c e 50 0 0 B i r c h S t r e e t , S u i t e 6 0 0 0 Ne w p o r t B e a c h , C A 9 2 6 6 0 Sa n F r a n c i s c o , C A – R i v er s i d e , C A – P l a n o , T X ww w . T A U S S I G . c o m To w n Co u n c i l 51 of 23 5 Meeting Date: December 6, 2010 DT A Fi r m H i s t o r y a n d C a p a b i l i t i e s • DT A w a s s t a r t e d i n 1 9 8 3 • Le a d i n g f i n a n c i a l c o n s u l t a n t f o r a s s e ss m e n t d i s t r i c t i n f r a s t r u c t u r e t a x ex e m p t b o n d f i n a n c i n g • In i t i a t e d o v e r 1 5 0 0 s p e c i a l a s s e s s m e nt b o n d d i s t r i c t s w i t h a t o t a l im p r o v e m e n t a u t h o r i z a t i o n i n e x c e s s o f $ 4 0 B i l l i o n • Pr o f e s s i o n a l s t a f f n u m b e r s i n e x c e s s of 40 w i t h b o n d a c t i v i t i e s n a t i o n a l in s c o p e • Co r p o r a t e O f f i c e i n N e w p o r t B e a c h , C A , a d d i t i o n a l C A o f f i c e s i n Ri v e r s i d e a n d W a l n u t C r e e k a n d a T e x a s o f f i c e i n P l a n o , T X To w n Co u n c i l 52 of 23 5 Meeting Date: December 6, 2010 Na t i o n a l S c o p e • Sp e c i a l A s s e s s m e n t B o n d s a r e c u r r e n t ly i s s u e d b y a p p r o x i m a t e l y 2 0 s t a t e s • Na t i o n a l m a r k e t i s $ 3 . 5 b i l l i o n a n n u a l l y w i t h C A a n d F L r e p r e s e n t i n g 6 0 % of t o t a l m a r k e t • Si x ( 6 ) m a j o r u n d e r w r i t e r s c o n s i s t i n g of P i p e r J a f f r a y , P r a g e r , S t o n e & Yo u n g b e r g , B o f A , R B C a n d S o u t hw e s t S e c u r i t i e s p l a c e b o n d s w i t h in s t i t u t i o n a l b u y e r s a n d so p h i s t i c a t e d i n v e s t o r s • Ou t s t a n d i n g t r a c k r e c o r d o f b o n d su c c e s s a n d u n d e r w r i t i n g s t a n d a r d s To w n Co u n c i l 53 of 23 5 Meeting Date: December 6, 2010 • Sp e c i a l P u r p o s e D i s t r i c t : – No t a p o l i t i c a l s u b d i v i s i o n o f t h e s t a t e , c o u n t y o r m u n i c i p a l i t y – No s e p a r a t e t a x i n g a u t h o r i t y – Pr o p e r t y o w n e r s s u b m i t a p e t i t i o n re q u e s t i n g t h e i r p r o p e r t y b e de s i g n a t e d a s a P I D a n d r e q u e s t lo c a l g o v e r n m e n t a c t i o n t o f o r m th e d i s t r i c t b y r e s o l u t i o n – Es t a b l i s h e s a n a s s e s s m e n t t o b e le v i e d o n b e n e f i t e d p r o p e r t y a n d re q u e s t l o c a l g o v e r n m e n t a c t i o n to l e v y a s s e s s m e n t s o n l y o n P I D ow n e r ’ s p r o p e r t y – On l y p r o p e r t y i n t h e P I D i m p a c t e d. N o o t h e r p r o p e r t y e f f e c t e d Pu b l i c I m p r o v e m e n t D i s t r i c t B a s i c s To w n Co u n c i l 54 of 23 5 Meeting Date: December 6, 2010 • Cr e a t e d t o C o n s t r u c t o r A c q u i r e I m p r o v e m e n t s – Mu s t “ s p e c i a l l y b e n e f i t ” t h e d e v e l o p m e n t – Pu b l i c a g e n c y m u s t o w n w h e n c o m p l e t e d – Pr i m a r i l y u s e d t o f u n d a n d c o n s t r u c t i m p r o v e m e n t s – Ca n a c q u i r e i m p r o v e m e n t s a l r e a d y c o m p l e t e d Pu b l i c I m p r o v e m e n t D i s t r i c t B a s i c s To w n Co u n c i l 55 of 23 5 Meeting Date: December 6, 2010 Pu b l i c I m p r o v e m e n t D i s t r i c t B a s i c s • Ch a r a c t e r i s t i c s o f t h e A s s e s s m e n t s – Fi x e d d o l l a r a m o u n t – No t c r o s s - c o l l a t e r a l i z e d w i t h o t h e r p r o p e r t i e s o r o t h e r a s s e s s m e n t s • De f a u l t b y o n e p r o p e r t y o r p a r c e l w o n ’ t i n c r e a s e a s s e s s m e n t o n an o t h e r – Li e n o n p r o p e r t y • Ca n b e f o r e c l o s e d f o r n o n - p a y m e n t – Ca n b e p r e - p a i d a t p a r a t a n y t i m e – As s i g n e d i n p r o p o r t i o n t o s p e c i a l b e n e f i t – Cu r r e n t l y s u b o r d i n a t e d t o p r o p e rt y t a x e s b u t c u r r e n t a m e n d m e n t le g i s l a t i o n w i l l p o s i t i o n a s s e s s m e nt c o - e q u a l w i t h p r o p e r t y t a x To w n Co u n c i l 56 of 23 5 Meeting Date: December 6, 2010 • Ap p o r t i o n m e n t b y b e n e f i t : – Eq u a l l y p e r f r o n t f o o t , s q u a r e f o o t o r v a l u e – In r e l a t i o n t o u s e , t r a f f i c o r p e r c a p i t a – Ev e n l y t o c l a s s e s e q u a l l y b e n e f i t i n g • An n u a l A s s e s s m e n t R e v e n u e c a n b e u s e d t o : – Pa y d e b t s e r v i c e o n b o n d s – Fu n d i n f r a s t r u c t u r e o n a p a y - a s - y o u - g o b a s i s – Pr o v i d e f o r c e r t a i n s e r v i c es a n d o p e r a t i n g c o s t s – Co v e r P I D a d m i n i s t r a t i v e c o s t s Pu b l i c I m p r o v e m e n t D i s t r i c t B a s i c s To w n Co u n c i l 57 of 23 5 Meeting Date: December 6, 2010 • Bo n d s s t r u c t u r e d w i t h : – Ma x i m u m 3 0 - y e a r t e r m – Fi x e d o r f l o a t i n g r a t e s – 10 - y e a r i n t e r e s t o n l y f i x e d o r f l o a t i n g r a t e p a y m e n t s – Ca p i t a l i z e d i n t e r e s t a n d d e b t se r v i c e d u r i n g c o n s t r u c t i o n c a n b e fu n d e d n o t t o e x c e e d t h r e e y e a r s i n r e s e r v e – De b t S e r v i c e R e s e r v e t o p r o t e c t a g a i n s t d e f a u l t Pu b l i c I m p r o v e m e n t D i s t r i c t B a s i c s To w n Co u n c i l 58 of 23 5 Meeting Date: December 6, 2010 Ty p e s o f P u b l i c F a c i l i t i e s • Wa t e r , S e w e r & S t o r m D r a i n F a c i l i t i e s • Pa r k s , L a n d s c a p i n g , H i k i n g , B i k e T r a i l s & A r t • St r e e t s , S i d e w a l k s , a n d “ S t r e e t s c a p i n g ” • Pa r k i n g , T r a n s i t & T r a n s p o r t a t i o n S y s t e m s • Li b r a r i e s , R e c r e a t i o n a l A m e n it i e s & C u l t u r a l F a c i l i t i e s • Pu r c h a s e o f e a s e m e n t s , g r e e n b e l t s o r w e t l a n d s • Of f s i t e r e q u i r e m e n t s f o r r o a d a c c e s s, s e w e r l i n e e x t e n s i o n s , w a t e r di s t r i b u t i o n s y s t e m s • Se r v i c e s , i n c l u d i n g P u b l i c S a f e t y , P u b l i c H e a l t h , R e c r e a t i o n & Cu l t u r a l E n h a n c e m e n t s • Mo r e i n c l u s i v e t h a n M U D s w i t h o u t j o i n t p a r t y r i s k To w n Co u n c i l 59 of 23 5 Meeting Date: December 6, 2010 Be n e f i t s o f P I D F i n a n c e : Pu b l i c A g e n c y • No n - r e c o u r s e t o g o v e r n m e n t a l e n t i t y • Fa c i l i t a t e s c o n s t r u c t i o n o f i n f r a s t r u c t u re , r e c r e a t i o n a l a m e n i t i e s & c u l t u r a l fa c i l i t i e s w i t h o u t g e n e r a l t a x d o l l a r s • De v e l o p m e n t m a k e s l e s s i m p a c t on n e i g h b o r i n g c o m m u n i t i e s b e c a u s e in f r a s t r u c t u r e b u i l t e a r l i e r i n d e v e l o p m e n t p r o c e s s • Ge n e r a t e s e c o n o m i c d e v e l o p m e n t r e s u lt i n g i n c o n s t r u c t i on-related jobs • Pr o m o t e s n e w h o u s i n g a v a i l a bi l i t y o r m i x e d - u s e f a c i l i t i e s • In c r e a s e s a n d a c c e l e r a t e s p r o p e r t y t a x ba s e o r s a l e s t a x r e v e n u e s f r o m mi x e d - u s e p r o j e c t s • Cr e a t e s f u n d i n g m e c h a n i s m t o o p e r a t e an d / o r m a i n t a i n p u b l i c f a c i l i t i e s • Di s t r i c t f o r m a t i o n a n d b o n d i s s u a n c e c o st s m a y b e p a i d / r e i m b u r s e d f r o m bo n d p r o c e e d s a n d / o r t h e p r o p e r t y d e v e l o p e r • Bo n d B u y e r s c l e a r l y u n d e r s t a n d n o r ec o u r s e t o i s s u e r a n d n o c l a i m o n ge n e r a l t a x f u n d • No i m p a c t o n i s s u e r b o n d c a p no r e f f e c t o n a g e n c y 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 o p e r B e n e f i t s o f P I D F i n a n c e • Al l o w s f o r b e t t e r , m o r e e x t e n s i v e i m pr o v e m e n t a n d a m e n i t i e s , e a r l i e r i n de v e l o p m e n t • En a b l e s B u y e r s / T e n a n t s t o a s s u m e a n d p a r t i c i p a t e i n a s s e s s m e n t as s u m p t i o n • Lo w e r C o s t o f I n f r a s t r u c t u r e F i n a n c i n g • Of f b a l a n c e s h e e t • En a b l e s E q u i t y C o m m i t m e n t • Bo n d s S t r u c t u r e d t o R e d u c e C a r r y in g C o s t s d u r i n g d e v e l o p m e n t • No P e r s o n a l G u a r a n t e e s o n d e b t s e r v i c e To w n Co u n c i l 61 of 23 5 Meeting Date: December 6, 2010 De v e l o p e r C o n s i d e r a t i o n s • Re q u i r e s S u p p o r t o f t h e P u b l i c A g e n c y I s s u e r – Is s u e r m u s t a p p r o v e w h i c h f a c il i t i e s / i m p r o v e m e n t s a r e f i n a n c e d – Is s u e r c o n t r o l s t i m i n g o f PI D f o r m a t i o n a n d b o n d i s s u a n c e – St a t e A t t o r n e y G e n e r a l m u s t a l s o a p p r o v e i s s u a n c e • PI D B o n d P r o c e e d s a r e n o t a C h e c k b o o k – Bo n d s c a n b e i s s u e d p r i o r t o c o n s t r u c t i o n – Al l d i s b u r s e m e n t s c o n t r o l l e d b y B o n d Tr u s t e e a g a i n s t c o s t c e r t i f i c a t i o n – Bo n d p r o c e e d s d i s b u r s e d f o r s p e c i f i ca l l y i d e n t i f i e d i m p r o v e m e n t s t h a t ha v e b e e n c o m p l e t e d To w n Co u n c i l 62 of 23 5 Meeting Date: December 6, 2010 De v e l o p e r C o n s i d e r a t i o n s • Fo r m a t i o n o f P I D s h o u l d c o m m e n c e to w a r d s C o m p l e t i o n o f E n t i t l e m e n t s – En t i t l e m e n t s , z o n i n g , l a n d u s e p l an n e c e s s a r y t o a p p r o p r i a t e l y es t i m a t e o r p r i c e i m p r o v e m e n t s a n d a p p o r t i o n c o s t s – In a p o s i t i o n t o c o m m e n c e c o n s t r u c ti o n i m m e d i a t e l y u p o n s a l e o f t h e bo n d s • Wh a t l e v e l o f A s s e s s m e n t i s M a r k e t A c c e p t a b l e – Ma y w a n t o r n e e d t o b u y d o w n a s s e ss m e n t s a t s a l e o f l o t / h o m e t o fi n a l b u y e r – Ca n s t r u c t u r e b o n d i s s u e t o c on f o r m t o m a r k e t c o n d i t i o n s – La n d v a l u e w i t h i m p r o v e m e n t s i n pl a c e m u s t s u p p o r t a s s e s s m e n t am o u n t • PI D B o n d s a r e i n s t i t u t i o n a l l y s o l d i n a Pr i v a t e P l a c e m e n t t o s o p h i s t i c a t e d in v e s t o r s – A l i m i t e d n u m b e r o f l a r g e i n v e s t o r s – Bo n d s i s s u e d i n l a r g e d e n o m i n a t i o n s – Bu y e r s g e n e r a l l y l a r g e n o n - r a te d t a x e x e m p t b o n d f u n d s To w n Co u n c i l 63 of 23 5 Meeting Date: December 6, 2010 PI D P r o c e s s • Me e t w i t h C o u n t y o r C i t y – Go a l i s t o u n d e r s t a n d w h a t i m p r o v e me n t s o f f i c i a l s w i l l e n d o r s e a n d i f go v e r n m e n t a l b o d y i s i n t e r e s t e d i n a s s i s t i n g w i t h t h e p r o c e s s • Su b m i t P e t i t i o n – Mu s t b e s i g n e d b y o w n e r s o f e i t h e r 5 0 % o f a p p r a i s e d o r l a n d a r e a w i t h i n pr o p o s e d d i s t r i c t – We r e q u i r e 1 0 0 % o f o w n e r s h i p t o a v o i d co n f l i c t s t h a t o n l y w i l l i n g p a r t i e s w i l l be a s s e s s e d • Ho l d P u b l i c H e a r i n g – Ad d r e s s a d v i s a b i l i t y o f i m p r o v e m e n t s , re v e n u e s a v a i l a b l e t o m a i n t a i n a n d se r v i c e i m p r o v e m e n t s , m e t h o d o f a s s e s s m e n t, c o s t r e i m b u r s e m e n t t o i s s u e r , n o li a b i l i t y t o i s s u e r • Ap p r o v e R e s o l u t i o n O r d e r i n g P I D F o r m a t i o n – Ma j o r i t y c o n s e n t o f g o v e r n i n g b o d y • Fi n a l i z e S e r v i c e & A s s e s s m e n t P l a n – Fi n a l d e t e r m i n a t i o n o f i m p r o v e m e n t s – Fi n a l i z e c o s t e s t i m a t e s w i t h E n g i n e e r ’ s C e r t i f i c a t i o n s – De t e r m i n e b o n d i n g a m o u n t a n d s t r u c t u r e – Pr e p a r e S e r v i c e a n d A s s e s s m e n t P l a n – As s e s s m e n t a t t a c h e s l i e n s t o p r o p e r t y b a s e d o n “ b e n e f i t e d ” t a x p a r c e l s To w n Co u n c i l 64 of 23 5 Meeting Date: December 6, 2010 PI D P r o c e s s (c o n t i n u e d ) • Cr e a t e F i n a n c i n g D o c u m e n t s – Tr u s t I n d e n t u r e – Of f e r i n g S t a t e m e n t – Ab s o r p t i o n A n a l y s i s – Ap p r a i s a l – Di s t r i c t A g r e e m e n t s • Ap p r o v e R e s o l u t i o n A u t h o r i z i n g I s s u a n c e – Is s u e r a p p r o v e s f i n a n c i n g s t r u c t u r e – Ag r e e s t o g e n e r a l b o n d t e r m s • Su b m i t T r a n s c r i p t s t o A t t o r n e y G e n e r a l – Al l m u n i c i p a l f i n a n c i n g s m u s t b e a p p r o v e d b y A G – Ha s u p t o 3 0 d a y s t o a p p r o v e • Fi n a l i z e D o c u m e n t s , P r i c e & S e l l B o n d s – Pr o c e e d s d e p o s i t e d w i t h Tr u s t e e a n d a v a i l a b l e t o r e i m b u r s e f o r c o s t s o f im p r o v e m e n t s a l r e a d y t o t o b e c o m p l e t e d To w n Co u n c i l 65 of 23 5 Meeting Date: December 6, 2010 Pa r t i e s t o P I D T r a n s a c t i o n • Is s u e r – Co n d u c t s p r o c e s s t o e s t a b l i s h P I D a nd s e r v e s a s c o n d u i t i s s u e r f o r th e P I D B o n d s • De v e l o p e r F i n a n c i a l C o n s u l t a n t – Pr e p a r e s f i n a n c i a l p l a n f o r t h e PI D , e c o n o m i c f e a s i b i l i t y o f t h e pr o j e c t , p r e p a r e s a l l o c a t i o n o f i m pr o v e m e n t c o s t s a m o n g p a r c e l s i n di s t r i c t , r e p r e s e n t s d e v e l o p e r i n di s c u s s i o n s w i t h p u b l i c a g e n c i e s an d a s s i s t s i n d e v e l o p i n g b o n d s t r u c t u r e • Un d e r w r i t e r – Ad v i s e s o n b o n d s t r u c t u r e a n d c r e d it i s s u e s d u r i n g f o r m a t i o n , st r u c t u r e s t h e f i n a n c i n g , s o l i c i t s i nv e s t o r i n t e r e s t i n b o n d s , a n d s e l l s bo n d s t o i n v e s t o r s • Di s t r i c t o r I n d e p e n d e n t E n g i n e e r – Ce r t i f i e s c o s t e s t i m a t e s a n d a p p o rt i o n s s u c h c o s t s a m o n g a s s e s s e d pa r c e l s To w n Co u n c i l 66 of 23 5 Meeting Date: December 6, 2010 Pa r t i e s t o P I D T r a n s a c t i o n • Fi n a n c i a l A d v i s e r – An a l y z e s c o m p l i a n c e o f f i n a n c i ng s t r u c t u r e t o i s s u e r ’ s p o l i c y gu i d e l i n e s a n d p r o v i d e s a d v i c e t o i s su e r o n t h e s t r u c t u r e o f t h e b o n d s • Bo n d C o u n s e l – Pr o v i d e s l e g a l a d v i c e t o i s s u e r on t h e s t r u c t u r e o f t h e b o n d i s s u e . le g a l o p i n i o n o f t a x e x e m p t i o n , a n d p r o v i d e s l e g a l a d v i c e o n a l l b o n d do c u m e n t s • Di s c l o s u r e o r U n d e r w r i t e r C o u n s e l – Pr e p a r e s O f f e r i n g D o c u m e n t d e s c r i bi n g t h e s e c u r i t y a n d t h e r i s k s o f th e b o n d o f f e r i n g f o r i n v e s t o r s • Tr u s t e e – Ho l d s t h e b o n d f u n d s i n t r u s t o n be h a l f o f t h e b o n d i n v e s t o r s • PI D A d m i n i s t r a t o r – Ad m i n i s t e r s t h e P I D , p r e p a r e s a n n u a l a s s e s s m e n t r o l l s f o r c o l l e c t i o n , mo n i t o r s a s s e s s m e n t p a y m e n t s , p r ep a y m e n t s , a n d d e l i n q u e n c i e s , pr e p a r e s c o n t i n u i n g d i s c l o s u r e s t at e m e n t s a n d o t h e r n e c e s s a r y r e p o r t s To w n Co u n c i l 67 of 23 5 Meeting Date: December 6, 2010 CO N C L U S I O N PI D B O N D F I N A N C I N G PR E S E N T A T I O N TH A N K Y O U F O R Y O U R TI M E , I N T E R E S T A N D S U P P O R T To w n Co u n c i l 68 of 23 5 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 w n Co u n c i l 76 of 23 5 Meeting Date: December 6, 2010 Pa t r i o t F l a g R a i s i n g Tr o p h y C l u b , T e x a s Pr o c l a m a t i o n WH E R E A S , t h e p e o p l e o f t h e T o w n O f T r o p h y C l u b , T e x a s, a r e g r a t e f u l f o r the public safety pe r s o n n e l t h a t p r o t e c t u s a n d a r e w i l l i n g t o r i s k th e i r l i v e s d a i l y f o r t h e i r f e l l o w c i t i z e n s ; a n d WH E R E A S , th e T o w n o f T r o p h y Cl u b , T e x a s i n co n s o r t i u m w i t h lo c a l p u b l i c s a f e ty agencies and th e c i t i z e n s o f t h i s c o m m u n i t y r e co g n i z e t h e b r a v e an d h e r o i c a c t s o f f i r e f i ghters, police officers, pa r a m e d i c s a n d E . M . T . ’ s w h o m a d e th e u l t i m a t e s a c r i f i c e t o s a v e a n e s t i m a t e d 2 5 , 0 0 0 d u r i n g t h e at t a c k s o n A m e r i c a a n d t he w o r l d o n 9 / 1 1 / 0 1 ; a n d WH E R E A S , Th e W O R L D M E M O R I A L h a s b e e n s u c c e s s f u l i n “k e e p i n g t h e m e m o ries alive” and he l p i n g p e o p l e t o N e v e r F or g e t t h e l o s s w e a s a na t i o n a n d t h e w o r l d s u f f ered in New York City, Wa s h i n g t o n D . C . a n d i n Sh a n k s v i l l e P A o n 9 / 1 1 / 0 1 ; a n d WH E R E A S , Th e W O R L D M E M O R I A L h a s t r a v e l ed a c r o s s t h i s g r e a t c o u n try to execute their task an d c o m p l e t e t h e i r m i s s i o n a n d ha s h o n o r e d t h e c i t i z e n s o f t h e To w n o f T r o p h y C l u b T e x a s b y di s p l a y i n g T h e P a tr i o t F l a g h e r e ; NO W , T H E R E F O R E , I , C o n n i e W h i t e , M a y o r , o f T ro p h y C l u b T e x a s d o h e r e b y p r o c l a i m Se p t e m b e r 2 4 , 2 0 1 0 , a s W O R L D M E M O RI A L a n d T h e P a t r i o t F l a g D a y a n d t h e for their dedication an d r e s o l v e t o h o n o r t h e v i c t i m s o f 9 / 1 1 / 0 1 a n d t h e f i r s t r e s p o n d e r s o f t h e State of Texas for their se r v i c e t o o u r c i t i z e n s . IN W I T N E S S W H E R E O F , I h a v e h e r e u n t o s e t m y h a nd a n d c a u s e d t o b e a f fixed the Great Seal of th e , T o w n o f T r o p h y C l u b Te x a s , a t t h e T r o p h y C l u b M a in F i r e S t a t i o n o n t h i s 2 4 th day of Se p t e m b e r i n t h e y e a r T w o t h o u s a n d a n d t e n . To w n Co u n c i l 77 of 23 5 Meeting Date: December 6, 2010 Pa t r i o t F l a g R a i s i n g Tr o p h y C l u b , T e x a s Th e  PA T R I O T  FL A G  PR E S S  RE L E A S E WH A T : Th e  PA T R O T FL A G  ‐ 30  X  58  wi l l  to u r  th e  Un i t e d  Sa t e s  in  honor  of  the  fallen  on   9/ 1 1 / 0 1 WH E R E :  Ci t i e s  (t o  be  an n o u n c e d )  th r o u g h o u t  AM E R I C A  ho s t e d  by  local  Fire and  Police   De p a r t m e n t s  an d  Ve t e r a n s  Gr o u p s WH E N : Be g i n s  in  Sa n  Di e g o  Se p t  10 th an d  th e n  it  wi l l  tr a v e l  ev e r y  week  for  1  year  beginning   Se p t  13 th 20 1 0  th e  fl a g  wi l l  be  sh i p p e d  to  a  di f f e r e n t  ci t y  –s t a t e WH Y : To  pr o m o t e  tw o  wo r d s  an d  a  st a t e m e n t ;  NE V E R  FO R G E T  / “Keeping  the  memories   al i v e ” HO W :  Th i s  pr o j e c t  is  ma n a g e d  as  a  gr a s s r o o t s  ef f o r t  by  ci t i z e n s  an d  public  safety   pe r s o n n e l Af t e r  th e  ye a r l o n g  to u r ,  we  wi l l  dr i v e  th e  fl a g  ac r o s s  th e  co u n t r y  beginning  August   22  20 1 1  fl y i n g  th e  fl a g  al o n g  th e  wa y .  Th e  fl a g  wi l l  th e n  be  fl o w n  in  NYC,  Wa s h i n g t o n  DC  an d  Sh a n k s v i l l e PA  on  09 / 1 1 / 1 1  fo r  th e  Te n  Year  Anniversary. We b s i t e :  ht t p : / / w w w . t h e p a t r i o t f l a g . u s To w n Co u n c i l 78 of 23 5 Meeting Date: December 6, 2010 Pa t r i o t F l a g R a i s i n g Tr o p h y C l u b , T e x a s To w n Co u n c i l 79 of 23 5 Meeting Date: December 6, 2010 Pa t r i o t F l a g R a i s i n g Tr o p h y C l u b , T e x a s To w n Co u n c i l 80 of 23 5 Meeting Date: December 6, 2010 Pa t r i o t F l a g R a i s i n g Tr o p h y C l u b , T e x a s To w n Co u n c i l 81 of 23 5 Meeting Date: December 6, 2010 Pa t r i o t F l a g R a i s i n g Tr o p h y C l u b , T e x a s To w n Co u n c i l 82 of 23 5 Meeting Date: December 6, 2010 Pa t r i o t F l a g R a i s i n g Tr o p h y C l u b , T e x a s To w n Co u n c i l 83 of 23 5 Meeting Date: December 6, 2010 Pa t r i o t F l a g R a i s i n g Tr o p h y C l u b , T e x a s To w n Co u n c i l 84 of 23 5 Meeting Date: December 6, 2010 Pa t r i o t F l a g R a i s i n g Tr o p h y C l u b , T e x a s To w n Co u n c i l 85 of 23 5 Meeting Date: December 6, 2010 Pa t r i o t F l a g R a i s i n g Tr o p h y C l u b , T e x a s To w n Co u n c i l 86 of 23 5 Meeting Date: December 6, 2010 Pa t r i o t F l a g R a i s i n g Tr o p h y C l u b , T e x a s To w n Co u n c i l 87 of 23 5 Meeting Date: December 6, 2010 Pa t r i o t F l a g R a i s i n g Tr o p h y C l u b , T e x a s To w n Co u n c i l 88 of 23 5 Meeting Date: December 6, 2010 Pa t r i o t F l a g R a i s i n g Tr o p h y C l u b , T e x a s To w n Co u n c i l 89 of 23 5 Meeting Date: December 6, 2010 Pa t r i o t F l a g R a i s i n g Tr o p h y C l u b , T e x a s To w n Co u n c i l 90 of 23 5 Meeting Date: December 6, 2010 Pa t r i o t F l a g R a i s i n g Tr o p h y C l u b , T e x a s To w n Co u n c i l 91 of 23 5 Meeting Date: December 6, 2010 Pa t r i o t F l a g R a i s i n g Tr o p h y C l u b , T e x a s To w n Co u n c i l 92 of 23 5 Meeting Date: December 6, 2010 Pa t r i o t F l a g R a i s i n g Tr o p h y C l u b , T e x a s To w n Co u n c i l 93 of 23 5 Meeting Date: December 6, 2010 Pa t r i o t F l a g R a i s i n g Tr o p h y C l u b , T e x a s To w n Co u n c i l 94 of 23 5 Meeting Date: December 6, 2010 Pa t r i o t F l a g R a i s i n g Tr o p h y C l u b , T e x a s To w n Co u n c i l 95 of 23 5 Meeting Date: December 6, 2010 Pa t r i o t F l a g R a i s i n g Tr o p h y C l u b , T e x a s To w n Co u n c i l 96 of 23 5 Meeting Date: December 6, 2010 Pa t r i o t F l a g R a i s i n g Tr o p h y C l u b , T e x a s To w n Co u n c i l 97 of 23 5 Meeting Date: December 6, 2010 Pa t r i o t F l a g R a i s i n g Tr o p h y C l u b , T e x a s To w n Co u n c i l 98 of 23 5 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 '.'-­ ,,"' t;' [!I; 1/ 1rROPHVCLUB Southlake Westlake e~ ..,.,_c....,J... ~c-'-',_.,AMI ____'-"'_l .....~. _C--_l ...r-c-.-,,-, Nw*e•1I1'1Ch:oO.5md..-,... .... IfII Tf~$T....TE tIIIIII{E)-U.$.I1IQKoIWAY -s-,$TAT£I'i(lHW4V ~FM:~TOWARKET _ MA.OA T~AAf$ --".."""""'" ..,..., _..""""" ..... *MPOIUS ST...... LAkES' PONOS !Oill! P2Ry llSi2!l '~=:1:1f ....... I~..'" .....:u:.1JI" ~ ~ 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 T o w n C o u n c i l 1 5 0 o f 2 3 5 M e e t i n g D a t e : D e c e m b e r 6 , 2 0 1 0 T o w n C o u n c i l 1 5 1 o f 2 3 5 M e e t i n g D a t e : D e c e m b e r 6 , 2 0 1 0 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 N 12/1/2010 3 of 10Neighborhood 4, Phase 2A Subdivider’s AgreementTown Council 156 of 235 Meeting Date: December 6, 2010 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 N 12/1/2010 4 of 10Neighborhood 4, Phase 2A Subdivider’s AgreementTown Council 157 of 235 Meeting Date: December 6, 2010 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. N 12/1/2010 5 of 10Neighborhood 4, Phase 2A Subdivider’s AgreementTown Council 158 of 235 Meeting Date: December 6, 2010 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 N 12/1/2010 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. N 12/1/2010 7 of 10Neighborhood 4, Phase 2A Subdivider’s AgreementTown Council 160 of 235 Meeting Date: December 6, 2010 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 N 12/1/2010 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: N 12/1/2010 9 of 10Neighborhood 4, Phase 2A Subdivider’s AgreementTown Council 162 of 235 Meeting Date: December 6, 2010 N 12/1/2010 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