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Agenda Packet TC 02/15/2010Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom7:00 PMMonday, February 15, 2010 Call to order and announce a quorum. Invocation Pledges: Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." Citizen Presentations: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. PROCLAMATION 1.2010-99-T Consider and take appropriate action regarding a Proclamation declaring February 21 - 27, 2010 as Severe Weather Awareness Week. Goal #1: Safe and secure community. Provide superior Emergency Services Increase citizen involvement Severe Weather Awareness Info.pdf Proc. 2010- 01 Severe Weather Awareness Week.pdf Attachments: PUBLIC HEARING Town Council 1 of 148 Meeting Date: February 11, 2010 February 15, 2010Town Council Meeting Agenda 2.2010-59-T Public Hearing to Consider an Amendment to PD-Planned Development District No. 15, Known as “The Lakes of Trophy Club”, Ordinance No. 96-07B, by amending Exhibit C, “DEVELOPMENT STANDARDS, Item H. FENCES/WALLS to allow a maximum height of 8-ft. for side or rear yard fencing. Applicant: Homeowners Association for The Lakes of Trophy Club. (PD AMD-10-033) Staff Report.pdf Application.pdf EXHIBIT C - redline.pdf Public Hearing Notice - Newspaper.pdf Property Owners Notified of Public Hearing.pdf Email - Resident - Opposed.pdf Email - Resident - In Support.pdf Ordinance 2010-XX PZ.pdf Attachments: REGULAR SESSION 3.2010-60-T Consider and take appropriate action regarding an Amendment to PD-Planned Development District No. 15, Known as “The Lakes of Trophy Club”, Ordinance No. 96-07B, by amending Exhibit C, “DEVELOPMENT STANDARDS, Item H. FENCES/WALLS to allow a maximum height of 8-ft. for side or rear yard fencing. Applicant: Homeowners Association for The Lakes of Trophy Club. (PD AMD-10-033) Clean, Well Kept - Goal #4 Picturesque Town Maintain neat and tidy appearance Improve property maintenance standards Be recognized for our aesthetics 4.2010-90-T Receive an update from the ASA Volunteer Committee; discussion of same. Friendly, Responsive - Goal #3 Community with Shared Vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Res. 2009-04 ASA Designation of Liaison.pdf ASA Info.pdf Attachments: 5.2010-42-T Receive annual report from the Park Board; discussion of the same. Clean, Well Kept - Goal #5: Build a Premier Parks System Healthy and Vibrant - Goal #6: Foster a Well Informed Community Town Council 2 of 148 Meeting Date: February 11, 2010 February 15, 2010Town Council Meeting Agenda 6.2010-40-T Consider and take appropriate action regarding an Ordinance calling a Joint/General/Special Election for May 8, 2010 for the purpose of electing two (2) Council Members for Place #3 and Place #4 for two (2) year terms each and one (1) Council Member for Place #5 for a three (3) year term to the Town of Trophy Club Town Council, and a Special Election with a combined ballot pursuant to Section 321.409 of the Texas Tax Code to determine whether the citizens desire to reauthorize the Local Sales and Use Tax in the Town of Trophy Club at the rate of one-fourth of one percent (0.25%) to continue providing Revenue for Maintenance and Repair of Municipal Streets. A. Approve a Joint Election Contract with Denton County B. Approve a Joint Election Agreement between the Town of Trophy Club and Trophy club Municipal Utility District No. 1. Considerar y tomar el debido curso de acción en relación a una Ordenanza convocando una Elección General/Especial/Conjunta para el 8 de mayo de 2010 con el propósito de elegir dos (2) Concejales para la Posición 3 y la Posición 4 por un término de dos (2) años cada, y uno (1) uno Concejal para la Posición 5 por un término de tres (3) años del Consejo Municipal del Poblado de Trophy Club, y una Elección Especial con una boleta de votación combinada en conformidad con la Sección 321.409 del Código Electoral de Texas para determinar si los ciudadanos desean volver a autorizar el Impuesto de Ventas y Uso Local en el Poblado de Trophy Club a una taza de un cuarto del uno por ciento (0.25%) para continuar proveyendo ingresos para el mantenimiento y reparación de las calles municipales. A. Aprobar el Contrato de Elección Conjunta con el Condado de Denton B. Aprobar el Convenio de Elección Conjunta entre el Poblado de Trophy Club y el Distrito de Servicios Públicos Municipales Nro. 1 de Trophy Club. Friendly, Responsive - Goal #3 Community with Shared Vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Election Correspondence to Town Council.pdf Ord 2010-05 Calling May 8, 2010 Election.pdf Exhibit B - Joint Elec Agreement with Denton County.pdf Exhibit C - Notice for Early Voting.pdf Attachments: 7.2010-94-T Consider and take appropriate action regarding financial and variance report dated: a. January 2010 Healthy and Vibrant - Goal #6: Foster a Well Informed Community January 2010 Monthly Financial Reports.pdfAttachments: Town Council 3 of 148 Meeting Date: February 11, 2010 February 15, 2010Town Council Meeting Agenda 8.2010-92-T Consider and take appropriate action regarding the approval of Resolutions authorizing the submission of grant applications as follows: A. A Resolution approving the submission of the grant application for the High School Resource Officer Program for the 2010-2011 fiscal year, designating the Town Manager as the authorized official for the Town, and authorizing the Town Manager or his designee to execute all necessary documents. B. A Resolution approving the submission of the grant application for the School Resource Officer/Juvenile Investigator Program for the 2010-2011 fiscal year, designating the Town Manager as the authorized official for the Town, and authorizing the Town Manager or his designee to execute all necessary documents. Goal #1: Safe and Secure Community Maintain Trophy Club’s low crime rate Increase positive visibility through community policing initiatives 2010 SRO Grant Resolution Memo.pdf Res. 2010-05 Grant Submission SRO FY2010-11.pdf Res. 2010-06 Grant Submission SRO-Juvenile Inv- FY2010-11.pdf Attachments: 9.2010-98-T Consider and take appropriate action authorizing the expenditure of GASB funds not to exceed $15,774.00 for repair and resurfacing of the small Trophy Club community pool and authorizing Town Manager Emmons or his designee to execute necessary documents. Clean, Well Kept - Goal #5: A community in which the infrastructure supports its residents Build a premier parks system Attracts visitors to park destinations Provide necessary resources to maintain all improvements, new and existing Healthy and Vibrant - Goal #6: Vibrant, inclusive community with involved, caring residents Provide superior customer services Promote and support active lifestyle Quote - Service & Parts & Supplies.pdfAttachments: 10.2010-97-T Consider and take appropriate action regarding an Ordinance amending Article VIII, "Tree Preservation and Removal", Section 8.08 (G), "Approved Median and Right-of-Way Tree Planting LIst" of Chapter 12 "Subdivision Rules and Regulations," of the Code of Ordinances of the Town, in order to remove and add trees to the "Approved Median and ROW Tree Planting List", and providing an effective date. Clean, Well Kept - Goal #4: Picturesque Town Maintain neat and tidy appearance Proposed Amendments Sec 8.08 of Chap 12 Tree Preservation.pdf Ord. 2010- Amendments Sec 8.08 of Chap 12 Tree Preservation.pdf Attachments: Town Council 4 of 148 Meeting Date: February 11, 2010 February 15, 2010Town Council Meeting Agenda 11.2010-103-T Consider and take appropriate action regarding a Resolution approving a sole source purchase from Innoprise Software, Inc.; and providing an effective date. Friendly, Responsive Goal # 3: Community with shared visio Create a positive regional identity Clean, Well Kept Healthy and Vibrant Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Innoprise Sole Source Letter 2-10-10.pdf Res. 2010-07 Sole Source Software.pdf Attachments: 12.2010-100-T Consider and take appropriate action regarding the Intergovernmental Contract for Employee Services between the Town of Trophy Club and TCMUD No. 1. Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Intergovernmental Contract for Employee Services between the Town of Trophy Club .pdfAttachments: 13.2010-96-T Items for Future Agendas. Healthy and Vibrant - Goal #6: Foster a Well Informed Community Items for Future Agendas.pdfAttachments: 14.2010-95-T Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. Friendly, Responsive - Goal #3 Community with Shared Vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Healthy and Vibrant - Goal #6: Foster a Well Informed Community EXECUTIVE SESSION 15.2010-101-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: Town Attorney - Patricia Adams RECONVENE INTO REGULAR SESSION 16.2010-102-T Consider and take appropriate action relative to the discussion held in Executive Session, File ID 2010-101-T. ADJOURN Notice is hereby given that a quorum of the Park Board and/or Tree Board may be in attendance at this meeting. Town Council 5 of 148 Meeting Date: February 11, 2010 February 15, 2010Town Council Meeting Agenda * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on Thursday, February 11, 2010 by 5:00 P.M. in accordance with Chapter 551, Texas Government Code. _______________________________________ Lisa Hennek, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in advance and reasonable accommodations will be made to assist you. I certify that the attached notice and agenda of items to be considered by this Board was removed by me from the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on the __________ day of ______________________, 2010. ________________________________, Title: ___________________________ Town Council 6 of 148 Meeting Date: February 11, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-99-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/10/2010 Town Council On agenda:Final action:2/15/2010 Title:Consider and take appropriate action regarding a Proclamation declaring February 21 - 27, 2010 as Severe Weather Awareness Week. Goal #1: Safe and secure community. Provide superior Emergency Services Increase citizen involvement Attachments:Severe Weather Awareness Info.pdf Proc. 2010- 01 Severe Weather Awareness Week.pdf Action ByDate Action ResultVer. Town Council 7 of 148 Meeting Date: February 11, 2010 12010-99-T Version:File #: Title Consider and take appropriate action regarding a Proclamation declaring February 21 - 27, 2010 as Severe Weather Awareness Week. Goal #1: Safe and secure community. Provide superior Emergency Services Increase citizen involvement Town Council 8 of 148 Meeting Date: February 11, 2010 Town Council 9 of 148 Meeting Date: February 11, 2010 Town Council 10 of 148 Meeting Date: February 11, 2010 Town Council 11 of 148 Meeting Date: February 11, 2010 Town Council 12 of 148 Meeting Date: February 11, 2010 Town Council 13 of 148 Meeting Date: February 11, 2010 PROCLAMATION 2010-01 TOWN OF TROPHY CLUB “Severe Weather Awareness Week” February 21 - 27, 2010 WHEREAS, Severe Weather Awareness Week is Feb. 21 - 27, 2010, and WHEREAS, Each year brings the potential for violent weather to Texas, and WHEREAS, Large portions of our state including (insert your jurisdiction's name), can be devastated by flooding, tornadoes, hail storms, straight line winds and other severe emergencies, and WHEREAS, The Texas Division of Emergency Management and the National Weather Service have joined together to urge all citizens to prepare for severe weather events and to educate themselves on safety strategies, and WHEREAS, Governor Rick Perry has declared the week of Feb. 21 - 27, 2010 as Severe Weather Awareness Week in Texas, now therefore BE IT RESOLVED, that the Town Council of the Town of Trophy Club urge everyone in our community to learn more about and to participate in severe weather preparedness activities available in Trophy Club. THEREFORE, in official recognition of this statewide event, I, Mayor Connie White, the undersigned do hereby proclaim February 21 - 27, 2010 Severe Weather Awareness Week in Trophy Club. PROCLAIMED THIS THE 15th DAY OF FEBRUARY, 2009. ______________________________ Connie White, Mayor Town of Trophy Club, Texas ATTEST: ______________________________ Town Secretary Town of Trophy Club, Texas Proclamation 2010-01 Town Council 14 of 148 Meeting Date: February 11, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-59-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/29/2010 Town Council On agenda:Final action:2/15/2010 Title:Public Hearing to Consider an Amendment to PD-Planned Development District No. 15, Known as “The Lakes of Trophy Club”, Ordinance No. 96-07B, by amending Exhibit C, “DEVELOPMENT STANDARDS, Item H. FENCES/WALLS to allow a maximum height of 8-ft. for side or rear yard fencing. Applicant: Homeowners Association for The Lakes of Trophy Club. (PD AMD-10-033) Attachments:Staff Report.pdf Application.pdf EXHIBIT C - redline.pdf Public Hearing Notice - Newspaper.pdf Property Owners Notified of Public Hearing.pdf Email - Resident - Opposed.pdf Email - Resident - In Support.pdf Ordinance 2010-XX PZ.pdf Action ByDate Action ResultVer. Planning & Zoning Commission2/4/2010 1 Town Council 15 of 148 Meeting Date: February 11, 2010 12010-59-T Version:File #: Title Public Hearing to Consider an Amendment to PD-Planned Development District No. 15, Known as “The Lakes of Trophy Club”, Ordinance No. 96-07B, by amending Exhibit C, “DEVELOPMENT STANDARDS, Item H. FENCES/WALLS to allow a maximum height of 8-ft. for side or rear yard fencing. Applicant: Homeowners Association for The Lakes of Trophy Club. (PD AMD-10-033) Town Council 16 of 148 Meeting Date: February 11, 2010 TOWN COUNCIL February 15, 2010 SUBJECT: Public Hearing to Consider an Amendment to PD-Planned Development District No. 15, Known as “The Lakes of Trophy Club”, Ordinance No. 96-07B, by amending Exhibit C, “DEVELOPMENT STANDARDS, Item H. FENCES/WALLS to allow a maximum height of 8-ft. for side or rear yard fencing. Applicant: Homeowners Association for The Lakes of Trophy Club. (PD AMD-10-033) APPLICANT/OWNER: The Lakes of Trophy Club Homeowners Association P.O. Box 191185 Dallas, TX 75219 STAFF COMMENTS: The Homeowners Association for The Lakes of Trophy Club is requesting an amendment to Exhibit C “Development Standards” of Planned Development No. 15 (PD-15). The Lakes subdivision consists of five “villages”: Meadow Ridge, Meadow Lakes, Lakeview, Creekside, and Park View. See attached 11x17 exhibit for the locations of the neighborhoods in this subdivision. The fence height requirements in the PD-15 development standards allow a maximum height of 6-feet for side and rear yard fences. The Homeowners Association is requesting to change the maximum height of side and rear yard fences from the current 6-feet maximum to a height of 8-ft. maximum. This change allows the HOA requirements to match the Town fencing regulations which allow 8-ft. maximum side and rear fencing in straight zoning: Town regulations: Front, Side & Rear Yards: Eight feet (8’) is the maximum height allowed for front, side and rear yard fences, except as otherwise provided in Section C - Location, (4)(a) and (5)(a), of this Ordinance. Section C – Location; (4) Golf Course Lots: (a) All fences on lots facing or abutting a golf course shall be constructed of ornamental metal and shall be a minimum of four feet (4’) and a maximum of six feet (6’) in height. (5) Public Park Lots: (a) All fences on lots facing or abutting a public park or other land designated for public recreational purposes shall be Town Council 17 of 148 Meeting Date: February 11, 2010 constructed of ornamental metal and shall be a minimum of four feet (4’) and a maximum of six feet (6’) in height. This request applies to side and rear yard fences ONLY – and is only a request to amend the HEIGHT allowance. Other development standards such as fence material requirements – cedar, ornamental iron, masonry -- will remain the same. Requirements for perimeter fencing will remain the same. Fencing separating lots in the Park View Village and Roanoke have always been allowed to be 8-feet in height. Exhibit C “Development Standards” is attached in its entirety, with the requested changes highlighted on pages 6 and 7 of Exhibit C. PUBLIC HEARING: As required by ordinance, a notice of public hearing was published in the local newspaper and all property owners (339) within The Lakes of Trophy Club were notified of this request. Of the 339 property owners who were notified of this request, six notices were returned to the Town by the Post Office for various “undeliverable” reasons. Staff received two emails – one in opposition to this request and one in support of this request. Copies of those emails are attached. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission heard this request on Thursday, February 4, 2010. The Commission recommended approval by a unanimous vote of 7-0. Excerpts from the minutes of the P&Z meeting are as follows: PLANNING AND ZONING COMMISSION – THURSDAY, FEBRUARY 4, 2010 Public Hearing There were none wishing to speak in public hearing. Discussion and Recommendation Greg Lamont, President, Homeowners Association, The Lakes of Trophy Club, came forward and stated that the covenants for The Lakes restrict the fencing to 6-ft. The fencing for the Town is allowed to be a maximum of 8-ft. Mr. Lamont stated that the Board felt that the subdivision regulations should be brought into compliance with the Town; otherwise somewhere along the line there will be problems. He stated that they have already had a few things slip through the cracks where a couple of homeowners built 8-ft. fences without notifying the HOA. He stated that they feel this change would be in the best interest of the HOA. Mr. Lamont stated that there will be some boundary restrictions, for instance, along Trophy Club Drive, the masonry (brick) wall will remain at 6-ft. Also, perimeter fencing of particular homeowners must remain as regulated in the PD. Mr. Lamont stated that the lots that back up to the pond will remain at 4-ft. and the fencing along the lake will Town Council 18 of 148 Meeting Date: February 11, 2010 remain at 6-ft. He stated that there are two or three lots along Durango that must stay at 6-ft. Commissioner Sheridan asked for a clarification. Mr. Lamont used the word “covenants” in his introduction and Mr. Sheridan stated that zoning doesn’t enforce covenants. Ms. Huggins agreed with Commissioner Sheridan and stated that “covenants” is not the correct term for what is being considered this evening. She stated that the Planning and Zoning Commission is considering a change to the Planned Development or “PD” document which is regulated by the Town. If covenants were being considered, that would involve deed restrictions, which are not enforced by the Town. Commissioner Sheridan stated to Mr. Lamont that if a change is made to the PD they should follow up with a change to the covenants. Mr. Lamont agreed. Chairman Hill asked if the Homeowners Association has voted to approve this request. Mr. Lamont responded that they have. Chairman Hill stated: “In the General Purpose Standards section of your Exhibit C you have a Consistent Identity clause that “All design elements are planned and coordinated to provide a visually consistent and superior project”. Do you and your association feel that is what you are providing here?” Mr. Lamont responded, “Yes, and we also ran it by our management company and then we, of course, ran it by our attorney.” Commissioner Davidson asked Mr. Lamont if the two fences already built to 8-ft. meet the standards otherwise. Mr. Lamont responded that they are well built other than that they violate the height requirement. Commissioner Reed: “I have no objection. It seems logical to me. When the PD was approved for 6-ft. fences that’s what the Town regulations were. The Town regulations have now gone to 8-ft. so it makes sense to change this development’s regulations to match. I’m perfectly fine with the change.” Vice Chairman Stephens: “I’m satisfied.” Commissioner Sheridan: “None.” Commissioner Forest: “I have no problem with it.” Commissioner Ashby: “On Parkview there is a house that has a huge barbeque built into the fence line. Where did that come from?” Mr. Lamont responded that it appeared one day. Mr. Ashby stated that it is a lot taller than 6-ft. or 8-ft. Mr. Lamont responded that the homeowner did not come to the HOA for approval. It is a fireplace and was very expensive and it would have been difficult to make him take it down. Mr. Ashby stated that he is feeling that homeowners should be required to remove structures built without permits or outside the boundaries of the Town regulations. Ms. Huggins added that the homeowner did not come to the Town for a permit, but after receiving calls about it, staff did take a look at the fireplace. It was built in-line with the fence, but the placement is ok because the property line is actually another 10-ft. or so Town Council 19 of 148 Meeting Date: February 11, 2010 closer to the street. The homeowner could have put his fence closer to the street and enclosed the fireplace in his backyard. Commissioner Ashby stated that he was more concerned about the height than the location since the fireplace is set back from the street. [A permit would not have been required for this “accessory structure” as it does not exceed 120 sq. ft. The placement on the lot complies with all setbacks. The fireplace is approximately 12-ft. tall, and a "story" is defined as a maximum of 20-ft. in height. So, it fits all of the Town's regulations.... even though it could be considered aesthetically offensive.] Ms. Huggins stated that the Building Inspections Department, Planning Department and Code Enforcement work together and have stepped up efforts in the past year to try to catch un-permitted work and immediately ask the builder or homeowner to stop work until Staff can discuss the job with them and determine if a permit is needed. Staff’s efforts are not intended to make Trophy Club an uncomfortable place to live or build, but to inform builders and homeowners of the regulations. Ms. Huggins stated that Mr. Lamont mentioned that the fireplace “appeared one day” and, unfortunately, Staff finds that occurs – especially structures built over a weekend when inspectors aren’t prevalent throughout the neighborhoods. Commissioner Ashby stated that he is fine with this change to the PD, but he is concerned about situations such as this one where one day a big chimney appeared in a fence line. Commissioner Ashby made a motion to recommend approval to the Town Council to amend PD-15 to allow side and rear yard fencing to a maximum of 8-ft. in height as defined in “H”. Fences/Walls of Exhibit “C” – Development Standards of PD-15. The motion was seconded by Commissioner Reed. Ayes: Hill, Reed, Sheridan, Ashby, Forest, Stephens, Davidson Nays: None Action: 7-0, Approved STAFF RECOMMENDATION: PD-15 fence regulations are more restrictive than the Town regulations which have resulted in confusion and dissatisfaction for some residents in The Lakes, who have indicated to staff that they would like to have 8-ft. privacy fencing for their yards. The Building Inspections Department approached The Lakes HOA with a suggestion to revise the PD regulations to match the Town regulations for side and rear yard fencing and after consideration the HOA submitted the required application and fees to bring forward this request. Staff recommends approval. Attachments: 1) Application 2) Redline – Exhibit C “Development Standards” for The Lakes at Trophy Club 3) Public Hearing Notice - Newspaper 4) List of 339 Property Owners in The Lakes who received notification 5) Email – Resident - Opposed 6) Email – Resident – Support 7) Ordinance 2010-XX P&Z 8) 11x17 Hardcopy of the Five (5) Villages of The Lakes Town Council 20 of 148 Meeting Date: February 11, 2010 Town Council 21 of 148 Meeting Date: February 11, 2010 EXHIBIT C TO ORDINANCE NO. 96-07B Page 1 of 9 EXHIBIT C DEVELOPMENT STANDARDS THE LAKES AT TROPHY CLUB, TEXAS The development of the land described in Exhibit A consisting of approximately 144.945 acres of land shall be in accordance with the PD Site Plan of the development (Exhibit B), all other Exhibits attached to or to be made a part of this Ordinance, the Comprehensive Zoning Ordinance (Ordinance No. 94-09), all other applicable ordinances and regulations of the Town of Trophy Club, and the following Development Standards, conditions and requirements: A. GENERAL PURPOSE: The purpose of this Planned Development is to allow single family detached dwellings grouped into five residential villages, each village having different product lines and lifestyles that along with allowed incidental and accessory uses, blend into a cohesive and compatible neighborhood for the Town of Trophy Club. The Lakes of Trophy Club is a master-planned residential neighborhood which blends the existing site amenities with a unique site design to create a lasting and quality lifestyle environment. The existing lakes, topography and site lines are integrated into a unified residential development which focuses around central amenity areas. The purpose for these Development Standards is to establish a unified framework for development which provides the following: A. Consistent Identity. All design elements are planned and coordinated to provide a visually consistent and superior project. Quality Living Environment. The continuous maintenance of the common areas and enforcement of the guidelines will provide a safe, healthy, and visually unique neighborhood. B. USES GENERALLY: In this Planned Development District no land shall be used and no building or structure shall be installed, erected for, or converted to any use other than as hereinafter provided. 1. Permitted Uses: The following uses shall be permitted as principle uses: (a) Single Family Detached Dwellings. (b) Private or Public Roadways constructed to Town standards. (c) Private Common Areas owned by an authorized Homeowner’s Association. Town Council 22 of 148 Meeting Date: February 11, 2010 EXHIBIT C TO ORDINANCE NO. 96-07B Page 2 of 9 (d) Public or Private Utilities. (e) Public parks. 2. Accessory Uses: Accessory uses shall be permitted in accordance with the regulations provided in Section 35 of Ordinance No. 94-09, as amended. 3. Conditional Uses: Conditional uses shall be permitted in accordance with the regulations provided in Section 42 of Ordinance No. 94-09, as amended. 4. Limitation of Uses: a. All applicable ordinances of the Town of Trophy Club shall govern any uses allowed unless otherwise expressed herein. b. Any use not expressly permitted, or allowed by permit, or as provided for herein, is prohibited. C. BUILDING PERMIT REQUIREMENTS: No application for a building permit for the construction of any building shall be approved unless a plat meeting all requirements of the Town of Trophy Club has been approved by the Town Council and recorded in the official records of the County in which the property is located. D. HEIGHT REGULATIONS: Except as provided by Section 36 of Ordinance No. 94-09, as amended, no building or structure shall exceed thirty-five feet (35’) nor shall it exceed two (2) stories in height. E. AREA REGULATIONS: The following minimum standards for each village shall be measured from property lines: 1. Village 1 – Meadow Lakes (a) Lot Size: Lots for any permitted single family use shall have a minimum area of five thousand eight hundred fifty (5,850) square feet. (b) Minimum Open Space: All areas not devoted to buildings or paving shall be devoted to turf or landscaping. (c) Maximum Building Coverage: The combined area covered by all principal and accessory buildings or structures shall not exceed sixty (60%) percent of the total lot area. Swimming pools and spas are not included in determining maximum building coverage. (d) Minimum Floor Area: The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Town Council 23 of 148 Meeting Date: February 11, 2010 EXHIBIT C TO ORDINANCE NO. 96-07B Page 3 of 9 (i) One Story Residence: 1,800 sq. ft. (ii) Two Story Residence: 2,500 sq. ft. With Ground Floor: 1,600 sq. ft. (e) Depth of Front Yard: 10 feet minimum. (f) Depth of Rear Yard: 10 feet minimum. (g) Width of Side Yard: 1 foot minimum on one side, 9 feet minimum on the opposite with a 10 feet minimum between structures. (h) Width of Side Yard Adjacent to Side Street: 15 feet minimum. (i) Width of Lot: 65 feet minimum (measured at the front building line). (j) Width of Corner Lot: 75 feet minimum (measured at the front building line). (k) Depth of Lot: 90 feet minimum. (l) Garages: Garage doors shall be a minimum of twenty (20) feet from the front property line. All garages may face the street. 2. Village 2 – Meadow Ridge Except as set forth below, lots in Village 2 – Meadow Ridge shall comply with the area regulations of the R-12 Single Family District Regulations of Ordinance No. 94-09, as amended. (a) Lot Size: Lots for any permitted single family use shall have a minimum area of 12,000 square feet. (b) Width of Side Yard: A minimum of 10% of the lot width, provided that the distance between buildings and structures on contiguous lots remains a minimum of 17 feet. The width of the side yard on one side may be reduced to not less than five (5) feet. (c) Width of Side Yard Adjacent to Side Street: 15 feet minimum. (d) Width of Lot: 85 feet minimum (measured at front building line). (e) Width of Corner Lot: 95 feet minimum (measured at front building line). (f) Depth of Lot: 130 feet minimum. Town Council 24 of 148 Meeting Date: February 11, 2010 EXHIBIT C TO ORDINANCE NO. 96-07B Page 4 of 9 (g) Garages: Only one bay of a three car garage may face the front street if the face of said garage is located a minimum of forty-five (45) feet from the front building line. All two car garages will face to the side or rear of the Lot. 3. Village 3 – Creekside Except as set forth below, lots in Village 3 – Creekside shall comply with the area regulations of the R-10 Single Family District Regulations of Ordinance No. 94-09, as amended. (a) Lot Size: 10,000 square foot minimum. (b) Width of Side Yard: A minimum of 10% of the lot width, provided that the distance between buildings and structures on contiguous lots remains a minimum of 16 feet. The width of the side yard on one side may be reduced to no less than 5 feet. (c) Width of Side Yard Adjacent to Side Street: 15 feet minimum. (d) Width of Lot: 80 feet minimum (measured at front building line). (e) Width of Corner Lots: 90 feet minimum (measured at front building line). (f) Depth of Lot: 125 feet minimum. 4. Village 4 and 5 – Park View and Lakeview (a) Lot Size: Lots for any permitted single family use shall have a minimum area of nine thousand (9,000) square feet. (b) Minimum Open Space: All areas not devoted to buildings or paving shall be devoted to turf or landscaping. (c) Maximum Building Coverage: The combined area covered by all principal and accessory buildings or structures shall not exceed forty (40%) percent of the total lot area. Swimming pools and spas are not included in determining maximum building coverage. (d) Minimum Floor Area: The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Town Council 25 of 148 Meeting Date: February 11, 2010 EXHIBIT C TO ORDINANCE NO. 96-07B Page 5 of 9 (i) One Story Residence: 1,800 sq. ft. (ii) Two Story Residence: 1,800 sq. ft. With Ground Floor: 1,200 sq. ft. (iii) Residence on Corner Lot: 2,000 sq. ft. (e) Depth of Front Yard: 25 feet minimum. (f) Depth of Rear Yard: 20 feet minimum. (g) Width of Side Yard: A minimum of 10% of the width of the lot, provided that the distance between buildings and structures on contiguous lots remains a minimum of 14 feet. The width of the side yard on one side may be reduced to not less than 5 feet. (h) Width of Side Yard Adjacent to Side Street: 15 feet minimum. (i) Width of Lot: 75 feet minimum (measured at front building line). (j) Width of Corner Lot: 80 feet minimum (measured at front building line). (k) Depth of Lot: 120 feet minimum. (l) Garages: No lots in the Park View and Lakeview Villages shall be allowed to have a garage facing a street. F. GARAGES. 1. All garage doors facing a street shall be recessed a minimum of eighteen (18) inches from the face of the structure. 2. There shall be a minimum of two (2) garages constructed with each principal structure. G. CONSTRUCTION REGULATIONS. 1. The exterior surface of all residential dwellings shall be constructed of glass, drivet (or like applications approved by the Town of Trophy Club), stone, brick or other materials. The exterior wall area of each residence located within the Lakes shall have not less than eighty percent (80%) masonry coverage. Thirty (30) year warranty, composition roofing is the minimum standard of quality roofing material to be used in the lakes. 2. No above ground-level swimming pools shall be installed on any Lot. Town Council 26 of 148 Meeting Date: February 11, 2010 EXHIBIT C TO ORDINANCE NO. 96-07B Page 6 of 9 3. All exterior construction of the primary residential structure, garage, porches, and any other appurtenances or appendages of every kind and character on any Lot and all interior construction (including, but not limited to, all electrical outlets in place and functional, all plumbing fixtures installed and operational, all cabinet work, all interior walls, ceilings, and doors shall be covered by paint, wallpaper, paneling. Or the like, and all floors covered by wood, carpet, tile or other similar floor covering) shall be completed not later than one (1) year following the commencement of construction. For the purposes hereof, the term “commencement of construction” shall be deemed to mean the date on which the foundation forms are set. 4. No projections of any type shall be placed or permitted to remain above the roof of any residential building with the exception of one or more chimneys and one or more vent stacks. All chimney stacks will be enclosed one hundred percent (100%) with brick or masonry of a type and color that is compatible with the principal finish materials of the exterior walls of the main structure. H. FENCES/WALLS. 1. Side or Rear Yard Fencing. Side or rear yard fencing placed in the Lakes can be a maximum of eight (8) feet high and constructed of cedar, ornamental iron, or masonry extending from the main structure to the rear of the Lot. No fence on any Lot shall extend nearer the street than ten (10) feet behind the front of the residence thereon. Notwithstanding the above, any portion of a fence constructed along the rear of a Lot, adjoining a water amenity in Village 1 – Meadow Lakes, as indicated in Exhibit H (Landscape Concept Plan), shall be four (4) feet in height and constructed of ornamental iron only. 2. Perimeter Fence. The Perimeter Fences defined in (a), (b), (c), (d), (e), and (f) below and shown on Exhibit H shall be installed as each phase is platted and developed as indicated on the development schedule in Exhibit I. (a) Trophy Club Drive. All fencing along Trophy Club Drive with the exception of the area fronting the lake shall be six (6) feet in height and shall be of masonry construction. The fencing along the lake shall be six (6) feet in height and shall be constructed of ornamental iron with masonry columns a minimum of every thirty (30) feet and at the corners. (b) Screening fence between Village 4 – Park View and Roanoke. All fencing separating the Lots in the Park View Village and Roanoke shall be eight (8) feet in height and constructed of cedar with masonry columns every 20 feet. (c) Fencing around Village 2 – Meadow Ridge. All side and rear yard fencing in the Meadow Ridge Village can be a maximum of eight (8) feet, with the exception of the screening wall along Trophy Club Drive, which Deleted: F Deleted: l Deleted: will Deleted: six (6) Deleted: surrounding Town Council 27 of 148 Meeting Date: February 11, 2010 EXHIBIT C TO ORDINANCE NO. 96-07B Page 7 of 9 shall be six (6) feet in height and shall be constructed of cedar with masonry columns at the lot corners. (d) Fencing around Village 1 – Meadow Lakes. All side and rear yard fencing in the Meadow Lakes Village can be a maximum of eight (8) feet, with the exception of the screening wall along Trophy Club Drive, which shall be six (6) feet in height and shall be constructed of cedar with masonry columns at the lot corners. The section of fencing across the street from Trophy Lake (Lot A) shall be masonry construction with ornamental iron sections providing view corridors to the lake system. (e) Electronic Access Gates. Electronic access gates shall be double entried (ingress and egress). Construction shall be metal with a maximum height of nine feet (9’). Access for home owners will be by card access; visitors by electronic call box; exiting by pressure sensitive strips in the pavement or electronic sensors. Emergency personnel and law enforcement personnel will be by access card or in case of access failure, emergency pull box. Electronic guard gates will only be located on private streets. (f) Fencing Detail (Examples). Attached as Exhibit F is a detailed drawing showing typical elevations of entryway treatments, masonry wall and ornamental fence sections. Although this Exhibit is only a representation of the quality and general look of the screening walls and entryway treatments, all fencing within the Lakes will be of equal or higher quality. Each Village will have its own unique, professionally designed entryway treatment that will establish the identity and set the tone for that specific community. Detailed drawings of all fencing and entryway treatments will be submitted for approval with the final plat. I. COMMON AREAS: 1. All common areas and landscaped areas, as identified on Exhibit H shall be constructed and landscaped by the Developer. 2. Common Area and landscaping improvements shall be constructed in accordance with landscape plans that will be submitted to the town of trophy Club for their approval at the time of final plat. 3. Common Areas shall be owned and maintained by the Homeowners Association. 4. The hiking trails shall be constructed of crushed granite or other similar material. 5. The Homeowners Association of the Lakes of Trophy Club shall maintain all trails, landscaping, entryway features, irrigation, lighting, screening, and perimeter Deleted: around Town Council 28 of 148 Meeting Date: February 11, 2010 EXHIBIT C TO ORDINANCE NO. 96-07B Page 8 of 9 fencing in all areas except the area designated as the Town Park and the median of Trophy Club Drive. J. LANDSCAPING: Landscaping of each Lot shall be completed prior to issuance of a certificate of occupancy for that Lot. Minimum requirements for the front yard of each Lot shall include grass or other ground cover and at least three (3) trees a minimum size of three inch (3”) caliper. K. UTILITIES: All utilities shall be underground. Electric and cable television lines shall be installed in the rear yard of every Lot where feasible. Any electric or cable television utility boxes located in the front of a lot shall be screened with landscaping. Only gas, water, sewer and storm sewer utilities will be permitted in the front right-of-way of any Lot. L. TRASH RECEPTACLES AND COLLECTION: Each Lot Owner shall make or cause to be made appropriate arrangements with the Town of Trophy Club, Texas, for collection and removal of garbage and trash on a regular basis. Each and every Owner shall observe and comply with any and all regulations or requirements promulgated by the Town of Trophy Club, Texas, in connection with the storage and removal of trash and garbage. All Lots shall at all times be kept in a healthful, sanitary and attractive condition. No Lot shall be used or maintained as a dumping ground for garbage, trash, junk or other waste matter. All trash, garbage, or waste matter shall be kept in adequate containers approved by the Town of Trophy Club, Texas, and which shall be maintained in a clean and sanitary condition. An Owner may place trash on the street curb abutting his Lot only on those days designated by the Town of Trophy Club, Texas, as trash collection days. No Lot shall be used for open storage of any materials whatsoever, except that new building materials used in the construction of improvements erected on any Lot may be placed upon such Lot at the time construction is commenced and may be maintained thereon for a reasonable time, so long as the construction progresses without unreasonable delay, until completion of the improvements, after which the materials shall either be removed from the Lot or stored in a suitable enclosure on the Lot. M. TEMPORARY STRUCTURES AND VEHICLES: No temporary structure of any kind shall be erected or placed upon any Lot. No trailer, mobile, modular or prefabricated home, tent, shack, barn or any other structure or building, other than the residence to be built thereon, shall be placed on any Lot, either temporarily or permanently, and no residence, house, garage or other structure appurtenant thereto shall be moved upon any Lot from another location. Developer may erect, place and maintain a temporary sales office or construction office in and upon the Property in compliance with the regulations of the Town of Trophy Club. Any truck, bus, boat, boat trailer, trailer, mobile home, campmobile, camper or any vehicle other than conventional automobile shall, if brought within the Properties, be stored, placed, or parked within the garage of the appropriate Owner. N. SIGNS: Holiday or patriotic flags may be displayed by Developer and Owners. Notwithstanding anything herein contained to the contrary, any and all signs, if allowed, shall comply with Sign ordinance of the Town of Trophy Club, Texas. Town Council 29 of 148 Meeting Date: February 11, 2010 EXHIBIT C TO ORDINANCE NO. 96-07B Page 9 of 9 O. SIGNAGE, PAVERS, AND ENTRY TREATMENT: Each Village shall have one (1) or more specially designed entryway treatments located as shown on Exhibit F. Each entryway treatment will include permanent monument signage, walls and fences constructed of masonry, ornamental iron, and may include wood accents and treatment with irrigation, landscaping and ornamental external lighting. The specific design of each entry shall be submitted at the time of platting. Each Village will have a section of brick pavers in the roadway at each designated entrance as shown on Exhibit H. P. PRIVATE STREETS: The Lakes of Trophy Club may have the following gated villages: 1. Village 2 – Meadow Ridge: The Meadow Ridge Village as shown on Exhibit E, shall have a gated entry and private streets. All the streets and electronic access gates will be maintained solely by the Lakes of Trophy Club Homeowners Association. Town Council 30 of 148 Meeting Date: February 11, 2010 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. DATE: January 14, 2010 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time: Wednesday, January 20, 2010 SUBJECT: Public Hearing NOTICE OF PUBLIC HEARING PLANNING & ZONING COMMISSION Thursday, February 4, 2010 TOWN COUNCIL Monday, February 15, 2010 A Public Hearing will be held by the Planning & Zoning Commission of the Town of Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m., Thursday, February 4, 2010, to consider: Amending Ordinance No. 96-07B, PD Planned Development District No. 15, The Lakes of Trophy Club, to amend Exhibit C, “Development Standards” pertaining to fence height, and other miscellaneous changes to PD-15 as related to this request as deemed necessary. The Town Council will hear the above item on February 15, 2010 in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m. Town Council 31 of 148 Meeting Date: February 11, 2010 Town Council 32 of 148 Meeting Date: February 11, 2010 Town Council 33 of 148 Meeting Date: February 11, 2010 Town Council 34 of 148 Meeting Date: February 11, 2010 Town Council 35 of 148 Meeting Date: February 11, 2010 Town Council 36 of 148 Meeting Date: February 11, 2010 Town Council 37 of 148 Meeting Date: February 11, 2010 Town Council 38 of 148 Meeting Date: February 11, 2010 Town Council 39 of 148 Meeting Date: February 11, 2010 Town Council 40 of 148 Meeting Date: February 11, 2010 Town Council 41 of 148 Meeting Date: February 11, 2010 Town Council 42 of 148 Meeting Date: February 11, 2010 Town Council 43 of 148 Meeting Date: February 11, 2010 From: Mark Stuebe [mjstuebe@sbcglobal.net] Sent: Sunday, January 24, 2010 8:07 AM To: Carolyn Huggins Cc: sbstuebe@sbcglobal.net Subject: Fence Height Ammendment My wife Susan and I do not support the ammendment to change the fence height from the current 6 feet maximum to a new height of 8 feet maximum. We feel strongly that the maximum fence height should remain at 6 feet. Mark & Susan Stuebe 3 Parkway Ct Trophy Club, TX 762626 Home Phone 817-491-1652 Town Council 44 of 148 Meeting Date: February 11, 2010 To w n Co u n c i l 45 of 14 8 Me e t i n g Da t e : Fe b r u a r y 11 , 20 1 0 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2010-XX P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 96-07B, KNOWN AS PD PLANNED DEVELOPMENT NO. 15, BY ADOPTING THIS ORDINANCE TO REFLECT A CHANGE TO EXHIBIT “C” ENTITLED “DEVELOPMENT STANDARDS”, SECTION H. “FENCES/WALLS”, AS MORE FULLY DESCRIBED HEREIN BELOW; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS; PROVIDING APPLICABLE REGULATIONS; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING SEVERABILITY; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club (hereinafter referred to as “Town”) is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, the Town previously approved Ordinance No. 96-07B, creating PD Planned Development No. 15, known as The Lakes of Trophy Club (hereinafter “PD No. 15”); and WHEREAS, the Homeowners Association for the Lakes of Trophy Club wishes to amend the height of side and rear yard fencing in The Lakes from a maximum of 6-ft. in height to a maximum of 8-ft. in height; and WHEREAS, all legal notices, requirements and conditions having been complied with, the case to amend PD No. 15 came before the Planning and Zoning Commission; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at those public hearings and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to Ordinance No. 96-07B as set forth in this Ordinance; and Town Council 46 of 148 Meeting Date: February 11, 2010 WHEREAS, after complying with all legal notices, requirements, and conditions, a public hearing was held before Town Council at which the Town Council considered the proposed amendments and considered, among other things, the impact of the proposed amendments on density, the character of the land and its suitability for particular uses, with a view of encouraging the most appropriate use of land in the Town, and does hereby find that the adoption of the amendments hereby accomplishes such objectives; and WHEREAS, the Town Council has determined that there is a necessity for the amendment to Ordinance No. 96-07B, that the amendment is appropriate and is consistent with the other development standards allowed in The Lakes of Trophy Club, PD No. 15, and the Town Council has determined that this Ordinance should be adopted, that the proposed change is consistent with the Comprehensive Land Use Plan, and that the terms of this Ordinance shall replace those terms contained in Ordinance No. 96-07B in their entirety as specifically set forth herein and that all other terms contained in Ordinance No. 96-07B shall remain in full force and effect; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENTS 2.01 Exhibit “C” entitled “Development Standards”, Section H. entitled “FENCES/WALLS”, of Ordinance No. 96-07B of the Town of Trophy Club, Texas, the same being the Town's Planned Development No. 15, is amended to read in its entirety as follows, and all other terms and provisions of Ordinance No. 96-07B shall remain in full force and effect: H. FENCES/WALLS. 1. Side or Rear Yard Fencing. Side or rear yard fencing placed in the Lakes may be a maximum of eight (8) feet high and constructed of cedar, ornamental iron, or masonry extending from the main structure to the rear of the Lot. No fence on any Lot shall extend nearer the street than ten (10) feet behind the front of the residence thereon. Notwithstanding the above, any portion of a fence constructed Town Council 47 of 148 Meeting Date: February 11, 2010 along the rear of a Lot, adjoining a water amenity in Village 1 – Meadow Lakes, as indicated in Exhibit H (Landscape Concept Plan), shall be four (4) feet in height and constructed of ornamental iron only. 2. Perimeter Fence. The Perimeter Fences defined in (a), (b), (c), (d), (e), and (f) below and shown on Exhibit H shall be installed as each phase is platted and developed as indicated on the development schedule in Exhibit I. (a) Trophy Club Drive. All fencing along Trophy Club Drive with the exception of the area fronting the lake shall be six (6) feet in height and shall be of masonry construction. The fencing along the lake shall be six (6) feet in height and shall be constructed of ornamental iron with masonry columns a minimum of every thirty (30) feet and at the corners. (b) Screening fence between Village 4 – Park View and Roanoke. All fencing separating the Lots in the Park View Village and Roanoke shall be eight (8) feet in height and constructed of cedar with masonry columns every 20 feet. (c) Fencing around Village 2 – Meadow Ridge. All side and rear yard fencing in the Meadow Ridge Village may be a maximum of eight (8) feet, with the exception of the screening wall along Trophy Club Drive, which shall be six (6) feet in height and shall be constructed of cedar with masonry columns at the lot corners. (d) Fencing around Village 1 – Meadow Lakes. All side and rear yard fencing in the Meadow Lakes Village may be a maximum of eight (8) feet, with the exception of the screening wall along Trophy Club Drive, which shall be six (6) feet in height and shall be constructed of cedar with masonry columns at the lot corners. The section of fencing across the street from Trophy Lake (Lot A) shall be masonry construction with ornamental iron sections providing view corridors to the lake system. (e) Electronic Access Gates. Electronic access gates shall be double entried (ingress and egress). Construction shall be metal with a maximum height of nine feet (9’). Access for home owners will be by card access; visitors by electronic call box; exiting by pressure sensitive strips in the pavement or electronic sensors. Emergency personnel and law enforcement personnel will be by access card or in case of Town Council 48 of 148 Meeting Date: February 11, 2010 access failure, emergency pull box. Electronic guard gates will only be located on private streets. (f) Fencing Detail (Examples). Attached as Exhibit F is a detailed drawing showing typical elevations of entryway treatments, masonry wall and ornamental fence sections. Although this Exhibit is only a representation of the quality and general look of the screening walls and entryway treatments, all fencing within the Lakes will be of equal or higher quality. Each Village will have its own unique, professionally designed entryway treatment that will establish the identity and set the tone for that specific community. Detailed drawings of all fencing and entryway treatments will be submitted for approval with the final plat. SECTION 3. APPLICABLE REGULATIONS In all respects the Land shall be subject to the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town. SECTION 4. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the PD No. 15 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 5. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent Town Council 49 of 148 Meeting Date: February 11, 2010 jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter. SECTION 9. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 15th day of February, 2010. _____________________________________ Mayor, Connie White Town of Trophy Club, Texas Town Council 50 of 148 Meeting Date: February 11, 2010 ATTEST: _____________________________________ Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: _____________________________________ Town Attorney Town of Trophy Club, Texas Town Council 51 of 148 Meeting Date: February 11, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-60-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/29/2010 Town Council On agenda:Final action:2/15/2010 Title:Consider and take appropriate action regarding an Amendment to PD-Planned Development District No. 15, Known as “The Lakes of Trophy Club”, Ordinance No. 96-07B, by amending Exhibit C, “DEVELOPMENT STANDARDS, Item H. FENCES/WALLS to allow a maximum height of 8-ft. for side or rear yard fencing. Applicant: Homeowners Association for The Lakes of Trophy Club. (PD AMD- 10-033) Clean, Well Kept - Goal #4 Picturesque Town Maintain neat and tidy appearance Improve property maintenance standards Be recognized for our aesthetics Attachments: Action ByDate Action ResultVer. Planning & Zoning Commission2/4/2010 1 Town Council 52 of 148 Meeting Date: February 11, 2010 12010-60-T Version:File #: Title Consider and take appropriate action regarding an Amendment to PD-Planned Development District No. 15, Known as “The Lakes of Trophy Club”, Ordinance No. 96-07B, by amending Exhibit C, “DEVELOPMENT STANDARDS, Item H. FENCES/WALLS to allow a maximum height of 8-ft. for side or rear yard fencing. Applicant: Homeowners Association for The Lakes of Trophy Club. (PD AMD-10-033) Clean, Well Kept - Goal #4 Picturesque Town Maintain neat and tidy appearance Improve property maintenance standards Be recognized for our aesthetics Town Council 53 of 148 Meeting Date: February 11, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-90-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/4/2010 Town Council On agenda:Final action: Title:Receive an update from the ASA Volunteer Committee; discussion of same. Friendly, Responsive - Goal #3 Community with Shared Vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Attachments:Res. 2009-04 ASA Designation of Liaison.pdf ASA Info.pdf Action ByDate Action ResultVer. Town Council 54 of 148 Meeting Date: February 11, 2010 12010-90-T Version:File #: Title Receive an update from the ASA Volunteer Committee; discussion of same. Friendly, Responsive - Goal #3 Community with Shared Vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Body ASA Designated Liaison Wanda Franklin will be attending. Town Council 55 of 148 Meeting Date: February 11, 2010 Town Council 56 of 148 Meeting Date: February 11, 2010 Town Council 57 of 148 Meeting Date: February 11, 2010 -----Original Message----- From: Wanda Franklin Sent: Monday, January 25, 2010 9:34 AM To: Lisa Hennek Subject: Re: FW: Town of Trophy Club - ASA Yes, I will attend. I have been in DC for the past month. The health care bill is very important to Texas and I have been working toward this issue. Because I did not receive any volunteers my staff have been helping me. In fact in November, my staff called 50% of the households in TC to ask for volunteers and either got a no response; not interested response; or no call back. However, we have collected 177 paperback books for the troops, and $35.00 in contributions. With the outlook that the battalion that TC has adopted going to be called up with the latest news from the White House, (30,000) it might spur TC to get behind these soldiers now. Thank you. Wanda Franklin -----Original Message----- From: Lisa Hennek Sent: Tuesday, January 19, 2010 5:03 PM To: Wanda Franklin Cc: Brandon Emmons; 3; Connie White; Mayor White Subject: FW: Town of Trophy Club – ASA Ms. Franklin, Mayor White has received resident inquires regarding support of the ASA Volunteer Committee. Would you be available to attend the February 15th Town Council Meeting and provide a Committee Update? Please let me know. Regards, Lisa Hennek HR Manager/Town Secretary, TRMC 682-831-4601 The secret of happiness is not in doing what one likes to do, but in liking what one has to do. - James Barrie Ms. Franklin, -----Original Message----- From: Lisa Hennek Sent: Wednesday, March 11, 2009 12:59 PM To: Wanda Franklin Cc: Brandon Emmons; Nick Sanders Subject: FW: Town of Trophy Club - ASA Town Council 58 of 148 Meeting Date: February 11, 2010 Dear Wanda, Congratulations and Thank You again for your designation of ASA Liaison! The following residents requested to be a part of the ASA Volunteer Committee: Don Farmsworth – 105 Summit Cove - 817-491-3847 Mark Wood – 104 Creek Court Drive - 817-430-3048 John Dumbleton – 112 Park Lane - 817-490-0456 Ms. Patterson from the ASA Program should be contacting you with additional information on your new endeavor. Please let me know if you have any questions or if you need my assistance. Additionally, the Town will be more than happy to help generate press and publicity by posting information to the marquees and website. The Town is blessed to have you as a resident! Lisa Hennek Town of Trophy Club Town Secretary, TRMC / HR Manager -----Original Message----- From: Lisa Hennek Sent: Wednesday, March 11, 2009 12:58 PM To: 'artavia101@earthlink.net' Cc: Wanda Franklin Subject: Town of Trophy Club - ASA Hi Linda, Please see the attached Resolution passed by the Town Council on March 9, 2009. Ms. Wanda Franklin was designated as the Town's Liaison. Ms. Franklin's contact information is as follows: REDACTED Please advise if a new agreement needs to be completed. Thanks, Lisa Hennek Town of Trophy Club Town Secretary, TRMC / HR Manager Happiness is inward and not outward; and so it does not depend on what we have, but on what we are. - Henry Van Dyke -----Original Message----- From: Linda Patterson [mailto:artavia101@earthlink.net] Sent: Tuesday, March 10, 2009 1:26 PM To: Lisa Hennek Subject: Re: Town of Trophy Club Town Council 59 of 148 Meeting Date: February 11, 2010 Ms. Hennek, Great to hear from you. I'm presently away from my office but will address your questions when I return. I should be back later today. Linda Patterson, President ASA adopt-a- unit www.asa-usa.org Town Council 60 of 148 Meeting Date: February 11, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-42-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/19/2010 Town Council On agenda:Final action:2/1/2010 Title:Receive annual report from the Park Board; discussion of the same. Clean, Well Kept - Goal #5: Build a Premier Parks System Healthy and Vibrant - Goal #6: Foster a Well Informed Community Attachments: Action ByDate Action ResultVer. Town Council 61 of 148 Meeting Date: February 11, 2010 12010-42-T Version:File #: Title Receive annual report from the Park Board; discussion of the same. Clean, Well Kept - Goal #5: Build a Premier Parks System Healthy and Vibrant - Goal #6: Foster a Well Informed Community Town Council 62 of 148 Meeting Date: February 11, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-40-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/19/2010 Town Council On agenda:Final action:2/15/2010 Title:Consider and take appropriate action regarding an Ordinance calling a Joint/General/Special Election for May 8, 2010 for the purpose of electing two (2) Council Members for Place #3 and Place #4 for two (2) year terms each and one (1) Council Member for Place #5 for a three (3) year term to the Town of Trophy Club Town Council, and a Special Election with a combined ballot pursuant to Section 321.409 of the Texas Tax Code to determine whether the citizens desire to reauthorize the Local Sales and Use Tax in the Town of Trophy Club at the rate of one-fourth of one percent (0.25%) to continue providing Revenue for Maintenance and Repair of Municipal Streets. A. Approve a Joint Election Contract with Denton County B. Approve a Joint Election Agreement between the Town of Trophy Club and Trophy club Municipal Utility District No. 1. Considerar y tomar el debido curso de acción en relación a una Ordenanza convocando una Elección General/Especial/Conjunta para el 8 de mayo de 2010 con el propósito de elegir dos (2) Concejales para la Posición 3 y la Posición 4 por un término de dos (2) años cada, y uno (1) uno Concejal para la Posición 5 por un término de tres (3) años del Consejo Municipal del Poblado de Trophy Club, y una Elección Especial con una boleta de votación combinada en conformidad con la Sección 321.409 del Código Electoral de Texas para determinar si los ciudadanos desean volver a autorizar el Impuesto de Ventas y Uso Local en el Poblado de Trophy Club a una taza de un cuarto del uno por ciento (0.25%) para continuar proveyendo ingresos para el mantenimiento y reparación de las calles municipales. A. Aprobar el Contrato de Elección Conjunta con el Condado de Denton B. Aprobar el Convenio de Elección Conjunta entre el Poblado de Trophy Club y el Distrito de Servicios Públicos Municipales Nro. 1 de Trophy Club. Friendly, Responsive - Goal #3 Community with Shared Vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Attachments:Election Correspondence to Town Council.pdf Ord 2010-05 Calling May 8, 2010 Election.pdf Exhibit B - Joint Elec Agreement with Denton County.pdf Exhibit C - Notice for Early Voting.pdf Action ByDate Action ResultVer. Town Council 63 of 148 Meeting Date: February 11, 2010 12010-40-T Version:File #: Title Consider and take appropriateaction regardingan Ordinance calling a Joint/General/SpecialElection for May 8, 2010 for the purpose of electing two (2) Council Members for Place #3 and Place #4 for two (2) year terms each and one (1) Council Member for Place #5 for a three (3) year term to the Town of Trophy Club Town Council, and a Special Election with a combined ballot pursuant to Section 321.409 of the Texas Tax Code to determine whether the citizens desire to reauthorize the Local Sales and Use Tax in the Town of Trophy Club at the rate of one-fourthof one percent (0.25%) to continue providing Revenue for Maintenance and Repair of Municipal Streets. A. Approve a Joint Election Contract with Denton County B. Approve a Joint Election Agreement between the Town of Trophy Club and Trophy club Municipal Utility District No. 1. Considerar y tomar el debido curso de acción en relación a una Ordenanza convocando una Elección General/Especial/Conjuntapara el 8 de mayo de 2010 con el propósito de elegir dos (2) Concejales para la Posición 3 y la Posición 4 por un término de dos (2) años cada, y uno (1) uno Concejal para la Posición 5 por un término de tres (3) años del Consejo Municipal del Poblado de Trophy Club, y una Elección Especial con una boleta de votacióncombinada en conformidadcon la Sección 321.409 del Código Electoral de Texas para determinar si los ciudadanos desean volver a autorizar el Impuesto de Ventas y Uso Local en el Poblado de TrophyClub a una taza de un cuarto del uno por ciento (0.25%) para continuar proveyendo ingresos para el mantenimiento y reparación de las calles municipales. A. Aprobar el Contrato de Elección Conjunta con el Condado de Denton B. Aprobar el Convenio de Elección Conjunta entre el Poblado de Trophy Club y el Distrito de Servicios Públicos Municipales Nro. 1 de Trophy Club. Friendly, Responsive - Goal #3 Community with Shared Vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Body The following documents had not been received at the time of posting and will be sent out under separate cover and provided at the meeting: Ordinance calling the Joint/General/Special Election (Spanish Translation) The Joint Election Agreement between the Town of Trophy Club and Trophy club Municipal Utility District No. 1. Town Council 64 of 148 Meeting Date: February 11, 2010 From: Lisa Hennek Sent: Wednesday, January 27, 2010 2:29 PM To: Town Council Subject: February 1st Town Council Agenda Mayor and Council - Consideration of an Ordinance Calling the May Election, authorizing a Joint Election Agreement with Denton County and amending the Joint Election Agreement between the Town/MUD, previously approved in November. (The statutory deadline to call the May Election is March 8, 2010.) On Friday, January 15, 2010, Denton County Elections advised us that beginning with the May 8, 2010 election, Denton County Elections' Department will begin offering a joint election agreement ("full service contract") to the jurisdictions within Denton County. A "full service" contract means Denton County will select and arrange for the use of all Election Day voting locations, be responsible for the appointment, training and compensation of the presiding judge and alternate judge for each polling locations and arrange for all election supplies and voting equipment including, but not limited to, official ballots, voter registration lists, and all forms, signs, maps, and other materials used by the election judges at the voting locations. The preparation, adoption, and publication of all required election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and /or the participating authority's governing body, charter, or ordinances is still the responsibility of each participating authority, including translations to languages other than English. Full service is usually how the Town’s November Elections are handled. Additionally, Denton County has agreed to handle the Tarrant County voters, so a contract with Tarrant County Elections will not be necessary. Denton County residents will have the option to vote at any Denton County polling site during Early Voting and may only vote at the Svore Building on Election Day. Tarrant County residents will only be able to vote at the Svore Building during Early Voting and on Election Day. On January 19, TC MUD1 considered contracting with the Town, as has been done in the past in one contract with Denton County or contracting separate from the Town with Denton County. There is a cost savings to contract together. At this point, however, Denton County does not yet have any cost figures available and will not be able to finalize the full service agreement until after March 9, at which time they will know which cities will be cancelling their elections. TCMUD 1 provided direction to staff requesting the Town and MUD contract with Denton County together and requested that MUD Secretary Mary Moore be trained on the Election Process. Mary and I will be working together through this election, however she will, in essence be conducting the MUD Election. Based on this information and Denton County’s decision to conduct a full service election contract, the Joint Election Agreement between the Town/MUD, approved by the Town Council on November 16, 2009 needs to be amended. Ms. Moore is working on the revisions for TCMUD1 to consider at their first meeting in February and we have not yet received Denton County’s revised contract. Please let me know if you have any questions. Lisa Town Council 65 of 148 Meeting Date: February 11, 2010 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2010-05 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ORDERING AND CALLING A JOINT GENERAL ELECTION BETWEEN THE TOWN OF TROPHY CLUB AND TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, TO BE HELD ON MAY 8, 2010 FOR THE PURPOSE OF ELECTING TWO (2) COUNCIL MEMBERS FOR PLACE #3 AND PLACE #4 FOR TWO (2) YEAR TERMS EACH AND PLACE #5 FOR A THREE (3) YEAR TERM TO THE TOWN OF TROPHY CLUB TOWN COUNCIL; AND ORDERING AND CALLING A SPECIAL ELECTION WITH A COMBINED BALLOT PURSUANT TO SECTION 321.409 OF THE TEXAS TAX CODE TO DETERMINE WHETHER THE CITIZENS DESIRE TO REAUTHORIZE THE LOCAL SALES AND USE TAX IN THE TOWN OF TROPHY CLUB AT THE RATE OF ONE-FOURTH OF ONE PERCENT (0.25%) TO CONTINUE PROVIDING REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS; DESIGNATING A POLLING PLACE WITHIN THE TOWN; APPOINTING A PRESIDING ELECTION JUDGE AND AN ALTERNATE PRESIDING ELECTION JUDGE; ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; PROVIDING FOR NECESSARY ACTIONS; PROVIDING A JOINT ELECTION AGREEMENT; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 41.001(a)(2) of the Texas Election Code establishes the third Saturday of May as a Uniform Election Date for the purposes of conducting a General or Special Election; and WHEREAS, Section 3.004 of the Texas Election Code provides that the governing body of a municipality shall be the authority to order a General or Special Election; and WHEREAS, the Town Council of the Town of Trophy Club (the “Town”), hereby finds and determines that it is necessary and advisable to call and hold an election in the Town for the purpose of submitting certain propositions pertaining to the issuance of bonds for the purposes hereinafter set forth; and WHEREAS, the Town Council finds and declares that the meeting at which this Ordinance is considered is open to the public as required by law, and that public notice Ordinance 2010-05 1 Town Council 66 of 148 Meeting Date: February 11, 2010 of the time, place, and purpose of said meeting was given as required by Chapter 551, Texas Government Code, as amended; therefore, WHEREAS, the Town Council desires to and hereby calls a Joint General Election for the purpose of electing two (2) Council Members for Place #3 and Place #4 for two (2) year terms and Place #5 for three (3) year term to the Town of Trophy Club Town Council; and WHEREAS, the Town Council desires to and hereby orders and calls a Special Election with a combined ballot pursuant to Section 321.409 of the Texas Tax Code to determine whether the citizens desire to reauthorize a sales and use tax to provide revenue for maintenance and repair of municipal streets; and WHEREAS, in May, 2006, the Town Council called an election to reduce the amount of sales tax allocated to EDC4B by ¼ of one percent (.25) and to levy a sales and use tax of ¼ of one percent (.25) to provide revenue for the maintenance and repair of municipal streets; and WHEREAS, the voters of the Town approved the requested reallocation of sales tax for road maintenance and repair at the May, 2006 election; and WHEREAS, In order for the road maintenance and repair tax to continue in effect, the Town is required to hold an election to reauthorize the tax, and the election must be held in the same manner as the election that was used to levy the tax; and WHEREAS, in order to determine whether the Town’s residents desire to reauthorize the road maintenance and repair tax, the Town Council has determined it appropriate to hold a special election with a combined ballot pursuant to Section 321.409 of the Tax Code; and WHEREAS, Section 3.005 of the Texas Election Code provides that an election ordered by an authority of a municipality shall be ordered not later than the 62nd day before election day; and WHEREAS, Section 271.002 of the Texas Election Code provides that the governing bodies of two or more political subdivisions may enter into an agreement to hold a joint election if the elections ordered by the authorities of the subdivisions are to be held on the same day in all or part of the same territory and can be served by common polling places; and WHEREAS, The Town of Trophy Club and Trophy Club Municipal Utility District No. 1 meet the specified criteria and desire to hold their election jointly, and attached and incorporated herein as Exhibit “A” is a copy of a joint election agreement between the Town and Trophy Club Municipal Utility District No. 1; and Ordinance 2010-05 2 Town Council 67 of 148 Meeting Date: February 11, 2010 WHEREAS, The Election shall be conducted in accordance with the Code under the jurisdiction of the Denton County Elections Department (the “Elections Administrator”) pursuant to an Election Services Contract (the “Contract”) by and among Denton County Elections Department (“DCED”), and other participating entities, if any, described in the Contract. The Town Manager or the Town Manager’s designee is authorized to amend or supplement the Contract to the extent required for the Election to be conducted in an efficient and legal manner as determined by the Elections Administrator and attached and incorporated herein as Exhibit “B” is a copy of a joint election agreement between the Town and the Denton County Elections Department; and Section 271.002 of the Texas Election Code provides that the governing bodies of two or more political subdivisions may enter into an agreement to hold a joint election if the elections ordered by the authorities of the subdivisions are to be held on the same day in all or part of the same territory and can be served by common polling places. WHEREAS, Section Sec. 85.004 of the Texas Election Code provides that an election order and the election notice must state the location of each early voting polling place; and, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. All resident, qualified voters of the Town shall be eligible to vote at the Election. Section 2. The voting precincts for the Election are hereby designated to be those municipal voting precincts identified by their respective county precinct numbers set forth in Exhibit “C”, hereto and incorporated by reference for all purposes; provided, however, such times and locations set for on Exhibit “C” may be changed if so directed by the Elections Administrators without further action of the Town Council. The Elections Administrators are hereby authorized and directed to make such changes in polling locations as may be necessary for the proper conduct of the Election. Each polling place shall be open from 7:00 a.m. to 7:00 p.m. on the date of the Election. The Order of Election will be amended at a later date to include early voting sites added due to joint elections with other political subdivisions. In addition to the early voting polling locations located within the Town, Trophy Club voters may vote at all early voting polling locations as designated and maintained by Denton County and Tarrant County throughout the Counties. Voters residing in Tarrant County may only vote on Town and/or MUD-related items at the Town of Trophy Club early voting polling location. Ordinance 2010-05 3 Town Council 68 of 148 Meeting Date: February 11, 2010 Section 3. The Denton County Elections Administrator, Frank Phillips, is hereby appointed as Early Voting Clerk for the election. Deputy early voting judges/clerks will be appointed as needed to process early voting mail and to conduct early voting. Early voting by mail shall be conducted in conformance with the requirements of the Code. Ballot applications and ballots voted by mail shall be sent to: Early Voting Clerk, 401 West Hickory, Denton, Texas 76201. The Elections Administrator and/or the Early Voting Clerk are hereby authorized to appoint the members of the Early Voting Ballot Board and the presiding judge and alternate judge in accordance with the requirements of the Code. Early voting by personal appearance shall be conducted at the times on the dates and at the locations designated on Exhibit “C” hereto. The main early voting polling place is hereby designated to be Joseph A. Carroll County Administration Building, 401 West Hickory, Denton, Texas 76201. Early voting shall be conducted by the Early Voting Clerk, at the main early voting polling location listed above, and at the locations designated on Exhibit “C” hereto; such locations may be changed or additional early voting locations may be added by the Elections Administrator, without further action of the Town Council, as is necessary for the proper conduct of the Election. Section 4. Compensation for election judges and alternate judges for their service in the Election shall be determined by the Elections Administrator. E-slate, a Direct Record Electronic (DRE) System shall be used for early voting by personal appearance, and in the May 8, 2010 election. Paper ballots, which are optically scanned, shall be used for early voting by mail. In the May 8, 2010 election, the Elections Administrator shall cause ballots to be prepared in the form of the ballot first above prescribed, being in both English and Spanish, and shall furnish election officials said ballots, in such form, together with any other forms or blanks, in accordance with the Charter of the Town of Trophy Club, the Constitution and laws of the State of Texas and the Voting Rights Act of 1965, and any amendments thereto, insofar as same are applicable. E-Slate, a Direct Record Electronic (DRE) System shall be provided and used at each polling location on Election Day. Section 5. It is hereby ordered that a Joint General Election (the “Election”) shall be held in and throughout the Town of Trophy Club and the Trophy Club Municipal Utility District No. 1 on Saturday, May 8, 2010. Section 6. The purpose of such Special Election is to: Elect two (2) Council Members for Place #3 and Place #4 for two (2) year terms each and elect one (1) Council Member for Place #5 for a three (3) year term to the Town of Trophy Club Town Council; and to hold an election with a combined ballot pursuant to Section 321.409 of the Texas Tax Code to determine whether the citizens desire to reauthorize the local sales and use tax in the Town of Trophy Club at the rate of ¼ of one percent (.25) to provide revenue for maintenance and repair of municipal streets Section 7. Eligibility for Candidacy As set forth in Section 141.001 of the Texas Election Code, no person shall be eligible for a public elective office of this state, unless that person is a United States citizen, at least 18 years of age on the first day of the term to be filled at the Election, has not been Ordinance 2010-05 4 Town Council 69 of 148 Meeting Date: February 11, 2010 determined mentally incompetent by a final judgment of a court, has not been finally convicted of a felony from which the person has not been pardoned or otherwise released from the resulting disabilities, and has resided continuously in the State of Texas for twelve (12) months immediately preceding the date of the regular filing deadline for the candidate’s application for a candidate whose name is to appear on the general election ballot, or the date of the election at which the candidate’s name is written in for a write in candidate. Additional requirements are as follows: A. Council Member: As set forth in Section 141.001 of the Texas Election Code and Article III of the Trophy Club Town Charter, no person shall be eligible for a public elective office of this state, unless that person is a United States citizen; at least 21years of age on the first day of the form to be filed for candidacy;, is a qualified voter of the Town; has not been determined mentally incapacitated or partially mentally incapacitated without the right to vote by a final judgment of a court exercising probate jurisdiction; has not been finally convicted of a felony from which the person has not been pardoned or otherwise released from the resulting disabilities; and resides and has resided continuously for at least twelve (12) months preceding the election within the corporate limits of the Town; resides and has resided continuously for at least twelve (12) months preceding the election within the State of Texas for a candidate whose name is to appear on the general election ballot, or the date of the election at which the candidate’s name is written in for a write in candidate. Section 8. Application for a Place on the Ballot Pursuant to Section 143.007 of the Texas Election Code, any eligible and qualified person may have that person's name printed upon the official ballot as a candidate for the office hereinbefore set forth by filing the person's sworn application with the Town Secretary not earlier than February 6, 2010 and not later than 5:00 p.m. on March 3, 2010. Each such application shall be on a form as prescribed by the Texas Election Code. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the Town Secretary as provided by Section 52.094 of the Texas Election Code. Notice of the time and place for such drawing shall be given in accordance with Section 52.094(c) and (d) of the Texas Election Code. Section 9. Runoff Election If two (2) or more candidates tie for the number of votes required to be elected, there shall be a runoff election held between May 31st and July 3rd, 2010. The runoff election shall be held in accordance with the Texas Election Code. Section 10. Ballot Propositions The official ballots for the Special Election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote “FOR” or “AGAINST” the proposition, as required for an election on a measure, with the ballots to contain such Ordinance 2010-05 5 Town Council 70 of 148 Meeting Date: February 11, 2010 provisions, markings and language as required by law, and with such propositions to be expressed substantially as follows: PROPOSITION ONE FOR OR AGAINST: The reauthorization of the local sales and use tax in the Town of Trophy Club at the rate of one-fourth of one percent (0.25%) to continue providing revenue for maintenance and repair of municipal streets. Section 11. Early voting by personal appearance shall be conducted at the times, on the dates and at the locations designated on Exhibit “C” hereto. The Order of Election will be amended at a later date to include early voting sites added due to joint elections with other political subdivisions. Section 12. The election materials enumerated in the Code shall be printed in both English and Spanish for use at the polling places and for early voting for the Election and provisions shall be made for oral assistance to Spanish-speaking voters. Section 13. The election officers shall make returns for the Election in the manner required by law, and the ballots that are properly marked in conformance with the provisions of the Code for votes cast both during the period of early voting and on the day of the Election shall be counted in the manner required by law. Section 14. Notice of the Election shall be given by posting a notice containing a substantial copy of this Ordinance in both English and Spanish at the Town Hall on the bulletin board used for posting notices of the meetings of the Town Council and at three (3) other public places within the Town not less than twenty-one (21) days prior to the date of the Election, and by publication of said notice on the same day in each of two (2) successive weeks in a newspaper of general circulation published within the Town, the date of the first publication to be not less than fourteen (14) days nor more than thirty (30) days prior to the date set for the Election. Section 15. The Mayor and the Town Secretary of the Town, in consultation with the Town Attorney and bond counsel, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code and the Federal Voting Rights Act in carrying out and conducting the Election, whether or not expressly authorized herein. Section 16. It is hereby declared to be the intent of the Town Council of the Town of Trophy Club that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the Town Council without Ordinance 2010-05 6 Town Council 71 of 148 Meeting Date: February 11, 2010 Ordinance 2010-05 7 incorporation of any such unconstitutional phrase, clause, sentence, paragraph, or section. Section 17. The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as required by the Town Charter. Section 18. This Ordinance shall take effect immediately upon adoption. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 15th day of February 2010. ________________________________ Mayor, Connie White Town of Trophy Club, Texas ATTEST: _________________________ Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: ___________________________ Town Attorney Town of Trophy Club, Texas Town Council 72 of 148 Meeting Date: February 11, 2010 Page 1 of 11 THE STATE OF TEXAS COUNTY OF DENTON JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES THIS CONTRACT for election services is made by and between the Denton County Elections Administrator and the following political subdivisions that are entirely or the portion that are located inside the boundaries of Denton County: Town of Argyle Argyle Independent School District Town of Bartonville Denton Independent School District City of Corinth Krum Independent School District Town of Cross Roads Lake Dallas Independent School District City of Denton Lewisville Independent School District Town of Dish Little Elm Independent School District Town of Double Oak Northwest Independent School District Town of Flower Mound Pilot Point Independent School District Town of Hickory Creek Ponder Independent School District City of Highland Village Sanger Independent School District City of Justin Clear Creek Watershed Authority City of Krugerville Denton County Fresh Water Supply District No. 1-A City of Krum Denton County Fresh Water Supply District No. 1-B City of Lake Dallas Denton County Fresh Water Supply District No. 1-C City of Lewisville Denton County Fresh Water Supply District No. 1-D City of Oak Point Denton County Fresh Water Supply District No. 1-E City of Pilot Point Denton County Fresh Water Supply District No. 1-F Town of Ponder Denton County Fresh Water Supply District No. 1-G City of Sanger Denton County Fresh Water Supply District No. 1-H Town of Shady Shores Denton County Fresh Water Supply District No. 8-C City of Southlake Denton County Fresh Water Supply District No. 9 Town of Trophy Club Denton County Fresh Water Supply District No. 10 Lake Cities Municipal Utility Authority Mustang Special Utility Authority Trophy Club Municipal Utility District No. 1 Oak Point Water Control and Improvement District No. 1 Oak Point Water Control and Improvement District No. 2 Denton County Fresh Water Supply District No. 4-A Denton County Fresh Water Supply District No. 4 This contract is made pursuant to Texas Election code Sections 31.092 and 271.002 and Texas Education Code 11.0581 for a joint May 8, 2010 election to be administered by Frank Phillips, Denton County Elections Administrator, hereinafter referred to as “Elections Administrator”. RECITALS Each participating authority listed about plans to hold a general and/or special election on May 8, 2010. The County owns an electronic voting system, the Hart InterCivic eSlate/eScan Voting System (Version 6.2.1), which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and is compliant with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section 61.012. The Contracting political subdivisions desire to use the County’s electronic voting system and to compensate the County for such use and to share in certain other expenses connected with joint Town Council 73 of 148 Meeting Date: February 11, 2010 Page 2 of 11 elections in accordance with the applicable provisions of Chapter 31 and 271 of the Texas Election Code, as amended. NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS AGREED as follows: I. ADMINISTRATION The parties agree to hold a “Joint Election” with each other in accordance with Chapter 271 of the Texas Election Code and this agreement. The Denton County Elections Administrator shall coordinate, supervise, and handle all aspects of administering the Joint Election as provided in this agreement. Each participating authority agrees to pay the Denton County Elections Administrator for equipment, supplies, services and administrative costs as provided in this agreement. The Denton County Elections Administrator shall serve as the administrator for the Joint Election; however, each participating authority shall remain responsible for the decisions and actions of its officers necessary for the lawful conduct of its election. The Elections Administrator shall provide advisory services in connection with decisions to be made and actions to be taken by the officers of each participating authorities as necessary. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those polling places where jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. Denton County will perform a criminal background check on all employees, including temporary employees, which may program, test, perform maintenance, transport equipment, or perform technical support on the voting system equipment in accordance with Election Advisory No. 2009 and House Bill 2524 and applicable provision of the Texas Election Code. II. LEGAL DOCMENTS Each participating authority shall be responsible for the preparation, adoption, and publication of all required election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and /or the participating authority’s governing body, charter, or ordinances. Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each participating authority, including translations to languages other than English. Each participating authority shall provide a copy of their respective election orders and notices to the Denton County Elections Administrator. The Elections Administrator shall prepare a submission, on behalf of all participating authorities, to the United States Department of Justice for preclearance of the joint election procedures and polling places, pursuant to the Voting Rights Act of 1965, as amended. The joint submission prepared by the Elections Administrator will not include submission of information for any special elections held by the participating authorities. Participating authorities are hereby notified and encouraged to prepare their own submissions to the United States Department of Justice for special election procedures or any changes that are specific to their own political subdivision. Town Council 74 of 148 Meeting Date: February 11, 2010 Page 3 of 11 By signing this agreement, each participating authority certifies that it has no unresolved preclearance or voting rights issues known to it that would preclude or delay department of Justice Preclearance of the joint election. The Elections Administrator will file an amended submission to the United States Department of Justice in the event that any polling places are changed after the original submission is filed, including changes resulting from the withdrawal of one or more participating authorities pursuant to Section XII of this contract. The Elections Administrator will provide to each participating authority a photocopy of the joint submission and any correspondence from the Department of Justice. III. VOTING LOCATIONS The Elections Administrator shall select and arrange for the use of and payment for all Election Day voting locations. Voting locations will be, whenever possible, the usual voting location for each election precinct in elections conducted by each participating city, and shall be compliant with the accessibility requirements established by Election Code 43.034 and the Americans with Disabilities Act (ADA). The proposed voting locations are listed in Attachment A of this agreement. In the event that a voting location is not available or appropriate, the Elections Administrator will arrange for use of an alternate location with the approval of the affected participating authorities. The Elections Administrator shall notify the participating authorizes of any changes from the locations listed in Attachment A. If polling places for the May 8, 2010 joint election are different from the polling place(s) used by a participating authority in its most recent election, the authority agrees to post a notice no later than May 7, 2010 at the entrance to any previous polling places in the jurisdiction stating that the polling location has changed and stating the political subdivision’s polling place names and addresses in effect for the May 8, 2010 election. This notice shall be written in both the English and Spanish Languages. IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL Denton County shall be responsible for the appointment of the presiding judge and alternate judge for each polling location. The Elections Administrator shall make emergency appointments of election officials if necessary. Upon request by the Elections Administrator, each participating authority agrees to assist in recruiting polling place officials who are bilingual (fluent in both English and Spanish). In compliance with the Federal Voting Rights Act of 1965, as amended, each polling place containing more than 5% Hispanic population as determined by the 2000 Census shall have one or more election officials who are fluent in both the English and Spanish languages. If a presiding judge is not bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend a bilingual worker for the polling place. If the Elections Administrator is unable to recommend or recruit a bilingual worker, the participating authority or authorities served by that polling place shall be responsible for recruiting a bilingual worker for translation services at that polling place. The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to insure that all election judges appointed for the Joint Election are eligible to serve. Town Council 75 of 148 Meeting Date: February 11, 2010 Page 4 of 11 The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying him/her of his/her appointment, the time and location of training and distribution of election supplies, and the number of election clerks that the presiding judge may appoint. Each election judge and clerk will receive compensation at the hourly rate established by Denton County pursuant to Texas Election Code Section 32.091. The election judge will receive an additional sum of $25.00 for picking up the election supplies prior to Election Day and for returning the supplies and equipment to the central counting station after the polls close. Election judges and clerks who attend voting equipment training and /or procedures training shall be compensated at the same hourly rate that they are to be paid on election day. The Elections Administrator may employ other personnel necessary for the proper administration of the election, including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies during early voting and on Election Day, and for the efficient tabulation of ballots at the central counting station. Part-time personnel working as members of the Early Voting Ballot Board and/or central counting station on election night will be compensated at the hourly rate set by Denton County in accordance with Election Code Sections 87.005, 127.004, and 127.006. V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited to, official ballots, voter registration lists, and all forms, signs, maps, and other materials used by the election judges at the voting locations. The Elections Administrator shall ensure availability of tables and chairs at each polling place and shall procure rented tables and chairs for those polling places that do not have tables and/or chairs. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. The Elections Administrator shall provide the necessary voter registration information, instructions, and other information needed to enable the election judges in the voting locations that have more than one ballot style to conduct a proper election. Each participating authority shall furnish the Election Administrator a list of candidates and/or propositions showing the order the exact manner in which the candidate names and/or propositions(s) are to appear on the official ballot (including titles and text in each language in which the authority’s ball ot is to be printed). Each participating authority shall be responsible for proofreading and approving the ballot insofar as it pertains to that authority’s candidates and/or propositions. The joint election ballots that contain ballot content for more than joint participant because of overlapping territory shall be arranged in the following order: Independent School District, City, Water District(s), and other political subdivisions. (This is based on population.) Town Council 76 of 148 Meeting Date: February 11, 2010 Page 5 of 11 Early Voting by Personal Appearance shall be conducted exclusively on Denton County’s eSlate electronic voting system. On Election Day, voters shall have a choice between voting on the eSlate electronic voting system or by a paper ballot that is scanned at the polling place using Denton County’s eScan voting system only if a participating authority choices to use both paper and electronic. Provisional ballots cast on Election Day will be on the eSlate electronic voting system to prevent the possibility of paper provisional ballots from being immediately counted via the eScan ballot scanner. Due to current limitations of the county’s eScan ballot scanners, it is necessary that in the event ballot content for a particular participating authority or joint election ballot style is too lengthy to fit on one page paper ballot, all Election Day voting for that particular authority or ballot style must be held on the county’s eSlate voting system if a participating authority had wished to use both paper and electronic. If a participating authority wishes to use both paper and electronic, the full cost of the paper ballot will be up to that participating authority at each polling location that is shared with other participating authorities that don’t wish to have both paper and electronic. The number of paper ballots printed for Election Day voting shall be, at a minimum, equal to the same Election Day turnout as in the last comparable election plus 25 percent of that number, with the final number of ballots ordered per polling place or precinct adjusted upward to end a number divisible by 50. The Election Administrator shall be responsible for the preparation, testing, and delivery of the voting equipment for the election as required by the Election Code. VI. EARLY VOTING The participating authorities agree to conduct joint early voting and to appoint the Elections Administrator as the Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Each participating authority agrees to appoint the Elections Administrator’s permanent county employees as deputy early voting clerks. The participating authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be compensated at an hourly rate set by Denton County pursuant to Section 83.052 of the Texas Election Code. Deputy early voting clerks who are permanent employees of the Denton County Elections Administrator or any participating authority shall serve in that capacity without additional compensation. Early Voting by personal appearance will be held at the locations, dates and times listed in Attachment B of this document. Any qualified voter of the Joint Election may vote early by personal appearance at any of the joint early voting locations. As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by mail in accordance with Chapter 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted by mail received by the participating authorities shall be forwarded immediately by fax or courier to the Elections Administrator for processing. The Elections Administrator shall provide each participating authority a copy of the early voting report on a daily basis and a cumulative final early voting report following the election. In accordance with Section 87.121(g) of the Election Code, the daily reports showing the previous day’s early voting activity will be distributed to each participating authority no later than 8:00 AM each business day. Town Council 77 of 148 Meeting Date: February 11, 2010 Page 6 of 11 VII. EARLY VOTING BALLOT BOARD Denton County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Joint Election. The Presiding Judge, with the assistance of the Election Administrator, shall appoint two or more additional members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to efficiently process the early voting ballots. VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS The Elections Administrator shall be responsible for establishing and operating the central count room to receive and tabulate the voted ballots in accordance with provisions of the Texas Election Code and of this agreement. The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 of the Texas Election Code, appoint the following central county station officials: Counting Station Manger: Frank Phillips, Denton County Elections Administrator Tabulation Supervisor: Kesha Woods, Denton County Technical Operations Manager Presiding Judge: Randie Geistman Alternate Judge: Sara Tischler The counting station manager or his representative shall deliver timely cumulative reports of the election results as precincts report to the central counting station and are tabulated. The manager shall be responsible for releasing unofficial cumulative totals and precinct returns from the election to the joint participants, candidates, press and general public by distribution of hard copies at the central counting station and by posting to the Denton County web site. To ensure the accuracy of reported election returns, results printed on the tapes produced by Denton County’s voting equipment will not be released to the participating authorities by phone from individual polling locations. The Elections Administrator will prepare the unofficial canvass reports after all precincts have been counted and will deliver a copy of the unofficial canvass to each participating authority as soon as possible after all returns have been tabulated. Each participating authority shall be responsible for the official canvass of its respective election(s). The Elections Administrator will prepare the electronic precinct-by precinct results reports for uploading to the Secretary of State as required by Section 67.017 of the Election Code. The Elections Administrator agrees to upload these reports for each participating authority unless requested otherwise. The Elections Administrator shall be responsible for conducting the post election manual recount required by Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State’s Office. IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE DENTON COUNTY The Election Administrator agrees to administer the entire Pilot Point Independent School District election including that portion of the ISD that is within Grayson and Cooke County. The Election Administrator agrees to administer only the Denton County portions of the City of Southlake Town Council 78 of 148 Meeting Date: February 11, 2010 Page 7 of 11 The Election Administrator agrees to administer only the Denton County portions of the Northwest Independent School District. The Election Administrator agrees to administer the entire City of Lewisville election including that portion of the City of Lewisville that is in Dallas County. The Election Administrator agrees to administer the entire Town of Trophy Club election including that portion of the Town of Trophy Club that is in Tarrant County. The Election Administrator agrees to administer the entire Town of Flower Mound including that portion of the Town of Flower Mound that is in Tarrant County. The Election Administrator agrees to administer only the Denton County portions of the Clear Creek Watershed Authority. The Election Administrator agrees to administer the entire Trophy Club Municipal utility District No. 1 election including that portion that is in Tarrant County. X. RUNOFF ELECTIONS Each participating authority shall have the option of extending the terms of this agreement through its runoff election, if applicable. In the event of such runoff election, the terms of this agreement shall automatically extend unless the participating authority notifies the Elections Administrator in writing within 3 business days of the original election. Each participating authority shall reserve the right to reduce the number of early voting locations and/or Election Day voting locations in a runoff election. If necessary, any voting changes made by a participating authority between the original election and the runoff election shall be submitted by the authority making the change to the United States Department of Justice for the preclearance required by the Federal Voting Rights Act of 1965, as amended. Each participating authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the May 8, 2010 election and to conduct its drawing for ballot positions at or immediately following such meeting in order to expedite preparations for its runoff election. Each participating authority eligible to hold runoff elections agrees that the date of the runoff election, if necessary, shall be Saturday, June 12, 2010. X. ELECTION EXPENSES AND ALLOCATION OF COSTS The participating authorities agree to share the costs of administering the Joint election. Allocation of costs, unless specifically stated otherwise, is mutually agreed to be shared according to a formula which is based on the average cost per Election Day polling place (unit cost) as determined by adding together the overall expenses and dividing the expenses equally among the total number of polling places. Costs for polling places shared by more than one participating authority shall be pro-rated equally among the participants utilizing that polling place. The participating authorities agree that for billing purposes, each Election Day polling place will be evaluated as to the number of full-time –equivalent (FTE) poll workers employed. Polling places with more than 5 FTE poll workers will be considered as one or more additional polling places with each full or partial multiple of 5 Town Council 79 of 148 Meeting Date: February 11, 2010 Page 8 of 11 FTE poll workers constituting an additional polling place for purposes of determining the average cost formula in the preceding paragraph. If a participating authority’s election is conducted at more than one election day polling place, there shall be no charges or fees allocated to the participating authority for the cost of election day polling places in which the authority has fewer than 50% of the total registered voters served by that polling place, except that if the number of registered voters in all of the authority’s polling places is less than the 50% threshold, the participating au thority shall pay a pro-rata share of the costs associated with the polling place where it has the greatest number of registered voters. Costs for Early Voting by Personal Appearance shall be allocated based upon the actual costs associated with each early voting site. Each participating authority shall be responsible for a pro-rata portion of the actual costs associated with the early voting sites located within their jurisdiction. Participating authorities that do not have a regular (non-temporary) early voting site within their jurisdiction shall pay a pro-rata portion of the nearest regular early voting site. Costs for Early Voting by Mail shall be allocated according to the actual number of ballots mailed to each participating authority’s voters. Each participating authority agrees to pay the Denton County Elections Administrator an administrative fee equal to 10 percent (10%) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code. The Denton County Elections Administrator shall deposit all funds payable under this contract into the appropriate fund(s) within the county treasury in accordance with Election Code Section 31.100. XI. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION Any participating authority may withdraw from this agreement and the Joint Election should it cancel its election in accordance with Sections 2.051 – 2.053 of the Texas Election Code. The withdrawing authority shall pay and is fully liable for any expenses incurred by the Denton County Elections Administrator on behalf of the authority plus an administrative fee of ten percent (10%) of such expenses. Any monies deposited with the Elections Administrator by the withdrawing authority shall be refunded, minus the aforementioned expenses and administrative fee if applicable. It is agreed that any of the joint election early voting sites that are not within the boundaries of one or more of the remaining participating authorities, with the exception of the early voting site located at the Joseph A. Carroll Administration Building, may be dropped from the joint election unless one or more of the remaining participating authorities agree to fully fund such site(s). In the event that any early voting site is eliminated under this section, an addendum to the contract shall be provided to the remaining participants within five (5) days after notification of all intents to withdraw have been received by the Elections Administrator. Any participating authority that plans to cancel an election must do so by March 17, 2010 at 10:00am. XII. RECORDS OF THE ELECTION The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint Election as authorized by Section 271.010 of the Texas Election Code. Town Council 80 of 148 Meeting Date: February 11, 2010 Page 9 of 11 Access to the election records shall be available to each participating authority as well as to the public in accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable and retrievable. Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of The Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of each participating authority to notify the Elections Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed with the participating authority. XIII. RECOUNTS A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the presiding officer of the contracting participating authority agrees that any recount shall take place at the offices of the Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the participating authority’s official or employee who performs the duties of a secretary under the Texas Election Code shall serve as Recount Coordinator. XIV. MISCELLANEOUS PROVISIONS 1. It is understood that to the extent space is available, other districts and political subdivisions may wish to participate in the use of the County’s election equipment and voting places, and it is agreed that the Elections Administrator may contract with such other districts or political subdivisions for such purposes and that in such event there may be an adjustment of the pro-rata share to be paid to the County by the participating authorities. 2. The Elections Administrator shall file copies of this document with the Denton County Judge and the Denton County Auditor in accordance with Section 31.099 of the Texas Election Code. 3. Nothing in this contract prevents any party from taking appropriate legal action against any other party and/or other election personnel for a breach of this contract or a violation of the Texas Election Code. 4. This agreement shall be construed under and in accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. In the event that one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 6. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local governments, and any other entities with local jurisdiction. 7. The waiver by any party of a breach of any provision of this agreement shall not operate as, or be construed as, a waiver of any subsequent breach. Town Council 81 of 148 Meeting Date: February 11, 2010 Page 10 of 11 8. Any amendments of this agreement shall be of no effect unless in writing and signed by all parties hereto. XV. COST ESTIMATES AND DEPOSIT OF FUNDS The total estimated obligation for each participating authority under the terms of this agreement is listed below. Each participating authority agrees to pay the Denton County Elections Administrator a deposit of approximately 75% of this estimated obligation not later than 15 days after execution of this agreement. The exact amount of each participating authority’s obligation under the terms of this agreement shall be calculated after the May 8, 2010 election (or runoff election, if applicable), and the Elections Administrator shall notify each participating authority if the amount of an authority’s total obligations exceeds the amount deposited, the authority shall pay to the Elections Administrator the balance due within 30 days after the receipt of the final invoice from the Elections Administrator. However, if the amount of the authority’s total is less than the amount deposited, the Elections Administrator shall refund to the authority the excess amount paid within 30 days after the final costs are calculated. The total estimated obligation and required deposit for each participating authority under the terms of this agreement shall be as follows: Jurisdiction Total Estimate Deposit Due Argyle ISD $3,175.12 $2,481.34 Argyle $2,087.45 $1,665.59 Bartonville $1,953.10 $1,564.82 Clear Creek WA $2,414.59 $1,910.94 Corinth $2,756.91 $2,167.68 Cross Roads $1,440.99 $1,180.74 DCFWSD#10 $1,484.02 $1,213.02 DCFWSD#11A $1,123.20 $942.40 DCFWSD#11B $1,069.24 $901.93 DCFWSD#11C $1,068.86 $901.64 DCFWSD#1B $1,031.29 $873.47 DCFWSD#1C $932.97 $799.73 DCFWSD#1D $945.56 $809.17 DCFWSD#1E $980.07 $835.05 DCFWSD#1F $929.28 $796.96 DCFWSD#1G $929.83 $797.37 DCFWSD#1H $929.23 $796.92 DCFWSD#4 $1,074.76 $906.07 DCFWSD#4A $1,075.40 $906.55 DCFWSD#6 $1,856.52 $1,492.39 DCFWSD#7 $1,633.47 $1,325.10 DCFWSD#8A $1,331.51 $1,098.63 DCFWSD#8B $1,666.91 $1,350.18 Town Council 82 of 148 Meeting Date: February 11, 2010 Page 11 of 11 DCFWSD#8C $1,694.73 $1,371.05 DCFWSD#9 $1,695.91 $1,371.93 Denton $9,313.22 $7,084.91 Denton ISD $12,319.76 $9,339.82 Dish $1,575.29 $1,281.47 Double Oak $1,783.55 $1,437.66 Flower Mound $4,585.10 $3,538.83 Hickory Creek $2,250.54 $1,787.91 Highland Village $3,355.55 $2,616.66 Justin $1,875.17 $1,506.38 Krugerville $1,565.48 $1,274.11 Krum $1,776.42 $1,432.32 Krum ISD $2,196.99 $1,747.75 Lake Dallas $2,368.54 $1,876.41 Lake Cities MUA $1,876.94 $1,507.70 Lake Dallas ISD $5,244.15 $4,033.11 Little Elm ISD $3,062.17 $2,396.63 Lewisville $2,895.28 $2,271.46 Lewisville ISD $29,841.73 $22,481.30 Mustang SUD $2,943.03 $2,307.27 Northwest ISD $6,134.12 $4,700.59 Oak Point $1,840.82 $1,480.62 OP WCID#1 $1,568.95 $1,276.72 OP WCID#2 $1,561.45 $1,271.09 Ponder $1,750.61 $1,412.96 Ponder ISD $2,718.59 $2,138.94 Pilot Point $2,124.48 $1,693.36 PPISD $2,507.10 $1,980.33 Sanger $2,512.43 $1,984.33 Sanger ISD $3,051.23 $2,388.42 SDWCID#1 $1,540.45 $1,255.34 Shady Shores $2,696.12 $2,122.09 Southlake $1,621.49 $1,316.12 TCMUD1 $1,840.42 $1,480.31 Trophy Club $1,845.92 $1,484.44 Valencia on the Lake WCID $1,068.86 $901.64 Town Council 83 of 148 Meeting Date: February 11, 2010 May 2010 Joint Election Day Polling Locations 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 A D E F H Precincts at Site Column3 Entities Column4Election Day Polling Location 100 Pilot Point ISD with Pilot Point Pilot Point ISD Admn Bldg Pilot Point ISD 829 S Harrison Street Pilot Point ISD with Mustang Pilot Point 101, 102 & 142 Denton ISD Copeland Gov Center Pilot Point ISD 1400 FM 424 Mustang SUD Cross Roads Denton ISD with DCFWSD #10 Pilot Point ISD with Mustang SUD Denton ISD with Mustang SUD Denton ISD with DCFWSD #8B Denton ISD with DCFWSD#9 Krugerville and Mustang SUD Krugerville Cross Roads and Mustang SUD Cross Roads Denton ISD with Cross Roads and Mustang SUD Denton ISD with Mustang SUD DCFWSD#9 103, 402 & 407 Krum ISD Krum ISD Admn Bldg Sanger ISD 809 E McCart Street CCWA Krum Sanger ISD with CCWA Krum ISD with CCWA Denton ISD Ponder ISD Denton ISD with Denton #3 Krum ISD with Denton #3 Krum ISD with Krum Prepared by Sara Tischler 2/4/2010 Page 1Town Council 84 of 148 Meeting Date: February 11, 2010 May 2010 Joint Election Day Polling Locations 1 A D E F H Precincts at Site Column3 Entities Column4Election Day Polling Location 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 104, 106 ,112,Denton ISD North Branch Library 121, 155, 133, Denton ISD with Denton #2 320 N Locus 403, 406 & 426 Denton ISD with CCWA Denton Sanger ISD Sanger ISD with CCWA Sanger ISD with Denton #2 105 & 128 Sanger ISD Community Center Sanger ISD with Sanger 101 Freese Street Sanger ISD with CCWA Sanger 107 Lake Dallas ISD with Lake Dallas Lake Dallas City Hall Lake Dallas ISD 212 Main Street Lake Dallas 108, 127, 129 &Lake Dallas ISD with Corinth Corinth City Hall 136 Denton ISD with Corinth 3300 Corinth PKWY Denton ISD Corinth Lake Dallas ISD 109 & 222 Lewisville ISD Peters Colony Elementary 5101 Nash Drive The Colony 110, 111, 120, Denton ISD with Denton #4 Denia Rec Center 126, 141, 415, Denton ISD 1001 Parvin 421 & 427 Ponder ISD Denton Argyle ISD with Denton #4 Argyle ISD Prepared by Sara Tischler 2/4/2010 Page 2Town Council 85 of 148 Meeting Date: February 11, 2010 May 2010 Joint Election Day Polling Locations 1 A D E F H Precincts at Site Column3 Entities Column4Election Day Polling Location 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 113, 114, 138, Lewisville ISD with Lewisville Lewisville City Hall 224 & 309 Lewisville ISD with DCFWSD #1B 151 W Church Street Lewisville ISD with DCFWSD #1E Lewisville Lewisville ISD with DCFWSD#1F Lewisville ISD with DCFWSD#1G Lewisville ISD with DCFWSD#1D Lewisville ISD with DCFWSD#1C Lewisville ISD with DCFWSD#1H Lewisville ISD 115,117, 135, 140 Little Elm ISD Little Elm Town Hall &143 Little Elm ISD with DCFWSD#4A 100 Eldorado PKWY Little Elm ISD with DCFWSD#4 Little Elm Denton ISD with DCFWSD#11C Denton ISD with DCFWSD#11B Denton ISD with DCFWSD#11A Denton ISD with DCFWSD#8A Denton ISD with Mustang SUD Denton ISD Little Elm ISD with Valencia WCD Mustang SUD DCFWSWD#8C Little Elm ISD with Mustang SUD 116, 404, 405 Denton ISD with CCWA North Lakes Rec Center & 408 Denton ISD with Denton#3 2001 W Windsor Sanger ISD with CCWA Denton Prepared by Sara Tischler 2/4/2010 Page 3Town Council 86 of 148 Meeting Date: February 11, 2010 May 2010 Joint Election Day Polling Locations 1 A D E F H Precincts at Site Column3 Entities Column4Election Day Polling Location 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 118 Denton ISD Shady Shores Town Hall Lake Dallas ISD with Shady Shores 101 Shady Shores RD Lake Dallas ISD Shady Shores Denton ISD with Shady shores and LCMUA Denton ISD with Denton#2 122 Lake Dallas ISD with Hickory Creek Hickory Creek Town Hall Lake Dallas ISD with Hickory Creek and LCMUA 1075 Ronald Reagan Ave Lake Dallas ISD Hickory Creek 123 Krugerville Krugerville City Hall Cross Roads 5097 HWY 377 S Denton ISD with Cross Roads Krugerville Denton ISD Denton ISD with DCFWSD#9 Mustang SUD Krugerville and Mustang SUD Cross Roads and Mustang SUD Denton ISD with Cross Roads and Mustang SUD Denton ISD with Mustang SUD DCFWSD#9 Prepared by Sara Tischler 2/4/2010 Page 4Town Council 87 of 148 Meeting Date: February 11, 2010 May 2010 Joint Election Day Polling Locations 1 A D E F H Precincts at Site Column3 Entities Column4Election Day Polling Location 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 130 Denton ISD Oak Point City Hall Little Elm ISD with Mustang SUD 100 Naylor Road Little Elm ISD Oak Point Little Elm ISD with Oak Point Denton ISD with Oak Point Denton ISD with Mustang SUD Little Elm ISD with Oak Point and Mustang SUD Denton ISD with Oak Point and Mustang SUD Little Elm ISD with Oak Point WCD#1 Little Elm ISD with Oak Point WCD#2 131 Lewisville ISD Heritage Lakes Clubhouse 3949 Village Road Frisco 132, 410, 416, Denton ISD with Denton#1 MLK Jr Rec Center 418 & 429 Denton ISD 1300 Wilson Denton 200, 203, 208,Lewisville ISD Carrollton Public Library 213, 218, & 226 4220 N Josey Lane Carrollton 201, 202, 219 Lewisville ISD Camey Elementary &221 Lewisville ISD with Lewisville 4949 Arbor Glen The Colony 214 & 216 Lewisville ISD Denton County Gov Center Little Elm ISD 6301 Main Street The Colony Prepared by Sara Tischler 2/4/2010 Page 5Town Council 88 of 148 Meeting Date: February 11, 2010 May 2010 Joint Election Day Polling Locations 1 A D E F H Precincts at Site Column3 Entities Column4Election Day Polling Location 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 215, 217 & 225 Lewisville ISD Rosemeade Rec Center 1330 Rosemeade Pkwy Carrollton 300, 308, 310, Lewisville ISD with Lewisville Lewisville Municipal Annex 311 &324 1197 W Main Street Lewisville 301, 305, 312,Lewisville ISD with Lewisville Memorial Park Rec Center 315, 318, 319 Lewisville ISD 1950 B South Valley Pkwy & 321 Lewisville (for City's Dallas County Voters)Lewisville 302, 313, 316 Lewisville ISD with Highland Village Highland Village City Hall & 322 1000 Highland Village Road Highland Village 303, 304, 307,Lewisville ISD with Flower Mound Flower Mound Police & Court Bldg 314, 317, 320,Northwest ISD with Flower Mound 4150 Kirkpatrick 323, 409, 420, Argyle ISD with Flower Mound Flower Mound 423, 424, 425 Denton ISD with Flower Mound &428 Flower Mound (for Town's Tarrant County Voters) Lewisville ISD/Double Oak 400, 401 & 413 Northwest ISD with Trophy Club Trophy Club Town Hall Northwest ISD 100 Municipal Drive Northwest ISD with Trophy Club and PID Trophy Club Northwest ISD with Southlake Argyle ISD with Flower Mound Prepared by Sara Tischler 2/4/2010 Page 6Town Council 89 of 148 Meeting Date: February 11, 2010 May 2010 Joint Election Day Polling Locations 1 A D E F H Precincts at Site Column3 Entities Column4Election Day Polling Location 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 411 Northwest ISD Justin City Hall Northwest ISD with Justin 415 N College Northwest ISD with SDWCID#1 Justin Argyle ISD 412 Ponder ISD Ponder Town Hall Ponder ISD with Ponder 405 Shaffner Street Denton ISD Ponder Ponder ISD with Denton#4 Ponder ISD with DISH Northwest ISD Krum ISD Argyle ISD 414 Argyle ISD Argyle Town Hall Argyle ISD with Argyle 308 Denton Street Argyle ISD with Denton#4 Argyle Denton ISD Denton ISD with Denton#4 417 Argyle ISD with Bartonville Bartonville Town Hall Argyle ISD 1941 E Jeter Road Argyle ISD with Flower Mound Bartonville Denton ISD Denton ISD with Bartonville Northwest ISD Northwest ISD with Flower Mound Denton ISD with Double Oak Prepared by Sara Tischler 2/4/2010 Page 7Town Council 90 of 148 Meeting Date: February 11, 2010 May 2010 Joint Election Day Polling Locations 1 A D E F H Precincts at Site Column3 Entities Column4Election Day Polling Location 226 227 228 229 230 231 232 233 234 235 236 237 238 239 419/422 Denton ISD Double Oak Town Hall Lewisville ISD 320 Waketon Lewisville ISD with Flower Mound Double Oak Argyle ISD Denton ISD with DCFWSD#6 Denton ISD with DCFWSD#7 Lewisville ISD with Double Oak Denton ISD with Double Oak Denton ISD with Bartonville 430 Northwest ISD Clara Love Elementary 16301 Elementary Drive Justin Prepared by Sara Tischler 2/4/2010 Page 8Town Council 91 of 148 Meeting Date: February 11, 2010 XVII. JOINT CONTRACT ACCEPTANCE AND APPROVAL IN TESTIMONY HEREOF, this agreement has been executed on behalf of the parties hereto as follows, to‐wit: (1) It has on the _____ day of ___________, 2010 been executed by the Denton County Elections Administrator pursuant to the Texas Election Code so authorizing; (2) It has on the ______ day of ___________, 2010 been executed on behalf of the Town of Trophy Club/Trophy Club MUD No. 1 pursuant to an action of the Town of Trophy Club/Trophy Club MUD No. 1 so authorizing; ACCEPTED AND AGREED TO BY DENTON COUNTY ELECTIONS ADMINISTRATOR: APPROVED: ___________________________________________ FRANK PHILLIPS ACCEPTED AND AGREED TO BY THE TOWN OF TROPHY CLUB/TROPHY CLUB MUD NO. 1: APPROVED: ATTESTED/DATE: _____________________________________________ _______________________________________ Connie White, Mayor Trophy Club Lisa Hennek, Town Secretary APPROVED: APPROVED: _____________________________________________ _______________________________________ Dean Henry, Trophy Club MUD No. 1 Joint President Jim Budarf, Trophy Club MUD No. 1 Joint President ATTESTED/DATE: _______________________________________ Mary Moore, Trophy Club MUD No. 1 Secretary Town Council 92 of 148 Meeting Date: February 11, 2010 EXHIBIT C NOTICE FOR EARLY VOTING EARLY VOTING Early voting by personal appearance will be conducted at: 100 Municipal Drive on the following: Monday, April 26th Tuesday, April 27th Wednesday, April 28th Thursday, April 29th Friday, April 30th Saturday, May 1st Monday, May 3rd Tuesday, May 4th 8 a.m. – 5 p.m. 8 a.m. – 5 p.m. 8 a.m. – 5 p.m. 8 a.m. – 5 p.m. 8 a.m. – 5 p.m. 8 a.m. – 12 p.m. 7 a.m. – 7 p.m. 7 a.m. – 7 p.m. In addition to the early voting polling locations located within the Town, Trophy Club Denton County voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County. Trophy Club Tarrant County voters may only vote at the early voting polling locations located within the Town of Trophy Club. The Order of Election will be amended at a later date to include early voting sites added due to joint elections with other political subdivisions. Town Council 93 of 148 Meeting Date: February 11, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-94-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/4/2010 Town Council On agenda:Final action:2/15/2010 Title:Consider and take appropriate action regarding financial and variance report dated: a. January 2010 Healthy and Vibrant - Goal #6: Foster a Well Informed Community Attachments:January 2010 Monthly Financial Reports.pdf Action ByDate Action ResultVer. Town Council 94 of 148 Meeting Date: February 11, 2010 12010-94-T Version:File #: Title Consider and take appropriate action regarding financial and variance report dated: a. January 2010 Healthy and Vibrant - Goal #6: Foster a Well Informed Community Body The January 2010 monthly financial report is presented in a format that provides the comparison of monthly and year to date actual amounts to the current fiscal year budget. The accompanying variance report provides an explanation of actual fiscal year to date revenues and departmental expenditures which vary more than 10% from the percent of the fiscal year lapsed. Management recommends approval. Town Council 95 of 148 Meeting Date: February 11, 2010 Town Council 96 of 148 Meeting Date: February 11, 2010 Town Council 97 of 148 Meeting Date: February 11, 2010 Town Council 98 of 148 Meeting Date: February 11, 2010 Town Council 99 of 148 Meeting Date: February 11, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-92-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/4/2010 Town Council On agenda:Final action:2/15/2010 Title:Consider and take appropriate action regarding the approval of Resolutions authorizing the submission of grant applications as follows: A. A Resolution approving the submission of the grant application for the High School Resource Officer Program for the 2010-2011 fiscal year, designating the Town Manager as the authorized official for the Town, and authorizing the Town Manager or his designee to execute all necessary documents. B. A Resolution approving the submission of the grant application for the School Resource Officer/Juvenile Investigator Program for the 2010-2011 fiscal year, designating the Town Manager as the authorized official for the Town, and authorizing the Town Manager or his designee to execute all necessary documents. Goal #1: Safe and Secure Community Maintain Trophy Club’s low crime rate Increase positive visibility through community policing initiatives Attachments:2010 SRO Grant Resolution Memo.pdf Res. 2010-05 Grant Submission SRO FY2010-11.pdf Res. 2010-06 Grant Submission SRO-Juvenile Inv- FY2010-11.pdf Action ByDate Action ResultVer. Town Council 100 of 148 Meeting Date: February 11, 2010 12010-92-T Version:File #: Title Consider and take appropriate action regarding the approval of Resolutions authorizing the submission of grant applications as follows: A. A Resolution approving the submission of the grant application for the High School Resource Officer Program for the 2010-2011 fiscal year, designating the Town Manager as the authorized official for the Town, and authorizing the Town Manager or his designee to execute all necessary documents. B. A Resolution approving the submission of the grant application for the School Resource Officer/Juvenile Investigator Program for the 2010-2011 fiscal year, designating the Town Manager as the authorized official for the Town, and authorizing the Town Manager or his designee to execute all necessary documents. Goal #1: Safe and Secure Community Maintain Trophy Club’s low crime rate Increase positive visibility through community policing initiatives Town Council 101 of 148 Meeting Date: February 11, 2010 MEMORANDUM To: Mayor, Council, and Town Manager Date: February 8, 2010 From: Chief Kniffen Re: SRO Grant resolution I respectfully request authorization to apply for grants administered by the Office of the Governor – Criminal Justice Division. These grants would be for a High School Resource Officer and Middle School Resource Officer/Juvenile Investigator. Both of these programs would be new grants and, if funded, would be funded at 100% the first year, 80% the second year, and 60% the third year. As it stands not, two additional years could be requested but would be funded at no more than 40% each year. Officials of NISD have contacted me regarding a resource officer and indicated that they are willing to partially fund one officer next fiscal year. The activity we have experienced at the four schools indicates to me that there is a significant need for one resource officer – full-time – at the high school and one resource officer to work primarily with the middle and elementary schools and still perform the investigative work that our current SRO/Juvenile Investigator performs. The deadline for applications is March 5, 2010. I respectfully request approval of these resolutions. Town Council 102 of 148 Meeting Date: February 11, 2010 TOWN OF TROPHY CLUB RESOLUTION 2010-05 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING THE SUBMISSION OF THE GRANT APPLICATION FOR THE HIGH SCHOOL RESOURCE OFFICER PROGRAM FOR THE 2010-2011 FISCAL YEAR; AUTHORIZING THE TOWN MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Town of Trophy Club finds it in the best interest of the citizens of Town of Trophy Club that the High School Resource Officer Program be operated for the 2010-2011 fiscal year; and WHEREAS, The Town of Trophy Club agrees to provide applicable matching funds for the said project as required by the Governors Office Criminal Justice Division grant application; and WHEREAS, The Town of Trophy Club agrees that in the event of loss or misuse of the Criminal Justice Division funds, The Town of Trophy Club assures that the funds will be returned to the Criminal Justice Division in full; and WHEREAS, The Town of Trophy Club designates Brandon Emmons, Town Manager, as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency and to execute or name a designee to execute all necessary documents. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town of Trophy Club approves submission of the grant application for the High School Resource Officer Program to the Office of the Governor, Criminal Justice Division and authorizes the Town Manager or his designee to execute all necessary documents. Section 2. That, this Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 15th February, 2010. Resolution 2010-05 1Town Council 103 of 148 Meeting Date: February 11, 2010 Resolution 2010-05 2 _______________________________ Mayor, Connie White Town of Trophy Club, Texas ATTEST: _______________________________ Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: _______________________________ Town Attorney Town of Trophy Club, Texas Town Council 104 of 148 Meeting Date: February 11, 2010 TOWN OF TROPHY CLUB RESOLUTION 2010-06 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING THE SUBMISSION OF THE GRANT APPLICATION FOR THE SCHOOL RESOURCE OFFICER/JUVENILE INVESTIGATOR PROGRAM FOR THE 2010-2011 FISCAL YEAR; AUTHORIZING THE TOWN MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Town of Trophy Club finds it in the best interest of the citizens of Town of Trophy Club that the School Resource Officer/Juvenile Investigator Program be operated for the 2010-2011 fiscal year; and WHEREAS, The Town of Trophy Club agrees to provide applicable matching funds for the said project as required by the Governors Office Criminal Justice Division grant application; and WHEREAS, The Town of Trophy Club agrees that in the event of loss or misuse of the Criminal Justice Division funds, The Town of Trophy Club assures that the funds will be returned to the Criminal Justice Division in full; and WHEREAS, The Town of Trophy Club designates Brandon Emmons, Town Manager, as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency and to execute or name a designee to execute all necessary documents. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town of Trophy Club approves submission of the grant application for the School Resource Officer/Juvenile Investigator Program to the Office of the Governor, Criminal Justice Division and authorizes the Town Manager or his designee to execute all necessary documents. Section 2. That, this Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 15th February, 2010. _______________________________ Mayor Town of Trophy Club, Texas Resolution 2010-06 1 Town Council 105 of 148 Meeting Date: February 11, 2010 Resolution 2010-06 2 ATTEST: _______________________________ Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: _______________________________ Town Attorney Town of Trophy Club, Texas Town Council 106 of 148 Meeting Date: February 11, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-98-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/8/2010 Town Council On agenda:Final action:2/15/2010 Title:Consider and take appropriate action authorizing the expenditure of GASB funds not to exceed $15,774.00 for repair and resurfacing of the small Trophy Club community pool and authorizing Town Manager Emmons or his designee to execute necessary documents. Clean, Well Kept - Goal #5: A community in which the infrastructure supports its residents Build a premier parks system Attracts visitors to park destinations Provide necessary resources to maintain all improvements, new and existing Healthy and Vibrant - Goal #6: Vibrant, inclusive community with involved, caring residents Provide superior customer services Promote and support active lifestyle Attachments:Quote - Service & Parts & Supplies.pdf Action ByDate Action ResultVer. Town Council 107 of 148 Meeting Date: February 11, 2010 12010-98-T Version:File #: Title Consider and take appropriate action authorizing the expenditure of GASB funds not to exceed $15,774.00 for repair and resurfacing of the small Trophy Club community pool and authorizing Town Manager Emmons or his designee to execute necessary documents. Clean, Well Kept - Goal #5: A community in which the infrastructure supports its residents Build a premier parks system Attracts visitors to park destinations Provide necessary resources to maintain all improvements, new and existing Healthy and Vibrant - Goal #6: Vibrant, inclusive community with involved, caring residents Provide superior customer services Promote and support active lifestyle Body Both the Town and EDC4a have been contributing to the GASB line for the purpose of infrastructure repair and replacement at the pool facility. We will use the monies this year to move ahead with the resurfacing of the baby pool as anticipated and work on the main pool in the 2011-12 budget year. Town Council 108 of 148 Meeting Date: February 11, 2010 Town Council 109 of 148 Meeting Date: February 11, 2010 Town Council 110 of 148 Meeting Date: February 11, 2010 Town Council 111 of 148 Meeting Date: February 11, 2010 Town Council 112 of 148 Meeting Date: February 11, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-97-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/8/2010 Town Council On agenda:Final action:2/15/2010 Title:Consider and take appropriate action regarding an Ordinance amending Article VIII, "Tree Preservation and Removal", Section 8.08 (G), "Approved Median and Right-of-Way Tree Planting LIst" of Chapter 12 "Subdivision Rules and Regulations," of the Code of Ordinances of the Town, in order to remove and add trees to the "Approved Median and ROW Tree Planting List", and providing an effective date. Clean, Well Kept - Goal #4: Picturesque Town Maintain neat and tidy appearance Attachments:Proposed Amendments Sec 8.08 of Chap 12 Tree Preservation.pdf Ord. 2010- Amendments Sec 8.08 of Chap 12 Tree Preservation.pdf Action ByDate Action ResultVer. Town Council 113 of 148 Meeting Date: February 11, 2010 12010-97-T Version:File #: Title Consider and take appropriate action regarding an Ordinance amending Article VIII, "Tree Preservation and Removal", Section 8.08 (G), "Approved Median and Right-of-Way Tree Planting LIst" of Chapter 12 "Subdivision Rules and Regulations," of the Code of Ordinances of the Town, in order to remove and add trees to the "Approved Median and ROW Tree Planting List", and providing an effective date. Clean, Well Kept - Goal #4: Picturesque Town Maintain neat and tidy appearance Body The Tree Board is recomending the Approved Median and ROW Tree List be ameneded. Please see the attached for the recommendations. Town Council 114 of 148 Meeting Date: February 11, 2010 Ordinance 2010- Article VIII Tree Preservation and Removal Section 8.08 Tree Removal and Replacement G. Approved Median and Right-of-Way Tree Planting List: The following tree species shall be allowed to be planted in medians and right-of-way when approved by the Town. Additional tree species with non-aggressive root systems/deep root systems may be authorized for planting by the Tree Board upon necessity and good cause shown. Approved Median and ROW Tree Planting List Common Name Scientific Name Aristocrat Pear (Pyrus) Austrian Pine (Pinus Nigra, Pinus Nigra Caramanica, Pinus Nigra Nigra) Bald Cypress (Taxodium Distichum) Black Walnut (Juglans Nigra) Burford Holly llex Cornuta Burfordii Bur Oak (Quercus Macrocarpa) Carolina Buckthorn (Rhamnus Caroliniana) Chinese Pistache (Pistachia Chinensis) Chinkapin Oak (Quercus Muehlenbergii) Crepe Myrtle (Lagerstroemia Indica) Eldarica Pine (Pinus Eldarica) Fruitless Crabapples (Maluś Species) Green Ash (Fraxinus Pennsylvanica) Hickories (Carya Species) Japanese Black Pine (Pinus Thunbergii) Lacebark Elm (Ulmus Parvifolia) Native Pecan (Carya Species) Nelly R Stevens llex Nelly R Stevens Plum (Prunus Species) Possum Haw (Ilex Decidu) Redbuds/Whitebuds (Cercis Species) Red Maple (Acer Rebrum) Sawtooth Oak (Quercus Acutissima) Shumard Oak (Quercus Shumardi) Slash Pine (Pinus Elliottii) Slippery Elm (Ulmus Rubra) Sweet Gum (Liquidambar Styraciflua) Texas Buckeye (Aesculus glabra variety arguta) Texas Red Oak (Quercus Texana) Thornless Honey Locust (Gleditsia Triacanthos Variety Inermis) Deleted: Escarpment Live Oak Deleted: (Quercus Fusiformis) Deleted: Magnolia Deleted: (Magnolia Grandiflora) Deleted: Southern Live Oak Deleted: (Quercus Virginiana) Town Council 115 of 148 Meeting Date: February 11, 2010 Ordinance 2010- Wax Myrtle (Myrica Cerifera) Western Soapberry (Sapindus Drummondii) Winged Elm (Ulmus Alata) Yaupon Holly (Ilex Vomitoria) Town Council 116 of 148 Meeting Date: February 11, 2010 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2010- AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ARTICLE VIII, ENTITLED “TREE PRESERVATION AND REMOVAL” SECTION 8.08ENTITLED "TREE REMOVAL AND REPLACEMENT," SUBSECTION “G” ENTITLED APPROVED MEDIAN AND RIGHT-OF-WAY TREE PLANTING LIST” OF CHAPTER 12 ENTITLED "SUBDIVISION RULES AND REGULATIONS," OF THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB IN ORDER TO REMOVE AND ADD TREES TO THE "APPROVED MEDIAN AND ROW TREE PLANTING LIST" ; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas, is authorized and empowered by law, in accordance with Chapter 212 of the Texas Local Government Code, to regulate the subdivision of land and property development within and without the corporate limits of the Town; and WHEREAS, on February 16, 2009 the Town adopted Ordinance No. 2009-04 which repealed Article VIII, entitled “Tree Preservation and Removal”, of Chapter 12 entitled “Subdivision Rules and Regulations”, of the Code of Ordinances, in its entirety and adopted a new article VIII, Section 8.01 through and including Section 8.13 of Chapter 12 of the Code of Ordinances of the Town of Trophy Club to add two additional seats to the Tree Board, to change the definition of Director from the current director of Community Development to refer to and mean the Town Manager or his designee for the Town and making related changes; WHEREAS, the Town Council now deems it necessary for the safe, orderly, and healthful development of the Town and in the best interest of the Town of Trophy Club, Texas, to amend Article VIII, entitled "Tree Removal and Replacement," of Chapter 12 entitled "Subdivision Rules and Regulations," of the Code of Ordinances of the Town by removing and adding certain tree species to the "Approved Median and Row Tree Planting List" contained within Subsection 8.08(G); and NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES Ordinance 2010- Town Council 117 of 148 Meeting Date: February 11, 2010 That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01 Subsection “G” entitled “Approved Median and Right-of-Way Tree Planting List” of Section 8.08, entitled "Tree Removal and Replacement," of Article VIII entitled “Tree Preservation and Removal” of Chapter 12, entitled “Subdivision Regulations” of the Code of Ordinances of the Town of Trophy Club, Texas, is hereby amended, so that Section 8.08(G) shall be and read in its entirety as follows: Article VIII Tree Preservation and Removal Section 8.08 Tree Removal and Replacement G. Approved Median and Right-of-Way Tree Planting List: The following tree species shall be allowed to be planted in medians and right-of-way when approved by the Town. Additional tree species with non-aggressive root systems/deep root systems may be authorized for planting by the Tree Board upon necessity and good cause shown. Approved Median and ROW Tree Planting List Common Name Scientific Name Aristocrat Pear (Pyrus) Austrian Pine (Pinus Nigra, Pinus Nigra Caramanica, Pinus Nigra Nigra) Bald Cypress (Taxodium Distichum) Black Walnut (Juglans Nigra) Burford Holly llex Cornuta Burfordii Bur Oak (Quercus Macrocarpa) Carolina Buckthorn (Rhamnus Caroliniana) Chinese Pistache (Pistachia Chinensis) Chinkapin Oak (Quercus Muehlenbergii) Crepe Myrtle (Lagerstroemia Indica) Eldarica Pine (Pinus Eldarica) Fruitless Crabapples (Maluś Species) Green Ash (Fraxinus Pennsylvanica) Hickories (Carya Species) Japanese Black Pine (Pinus Thunbergii) Lacebark Elm (Ulmus Parvifolia) Native Pecan (Carya Species) Nelly R Stevens llex Nelly R Stevens Plum (Prunus Species) Possum Haw (Ilex Decidu) Redbuds/Whitebuds (Cercis Species) Red Maple (Acer Rebrum) Sawtooth Oak (Quercus Acutissima) Ordinance 2010- Town Council 118 of 148 Meeting Date: February 11, 2010 Shumard Oak (Quercus Shumardi) Slash Pine (Pinus Elliottii) Slippery Elm (Ulmus Rubra) Sweet Gum (Liquidambar Styraciflua) Texas Buckeye (Aesculus glabra variety arguta) Texas Red Oak (Quercus Texana) Thornless Honey Locust (Gleditsia Triacanthos Variety Inermis) Wax Myrtle (Myrica Cerifera) Western Soapberry (Sapindus Drummondii) Winged Elm (Ulmus Alata) Yaupon Holly (Ilex Vomitoria) SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other ordinances of the Town affecting tree preservation and removal 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 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 of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter. SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Ordinance 2010- Town Council 119 of 148 Meeting Date: February 11, 2010 Ordinance 2010- SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. 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 15th day of February, 2010. _______________________________ Mayor Town of Trophy Club, Texas ATTEST: _________________________________________ Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: _________________________________________ Town Attorney Town of Trophy Club, Texas Town Council 120 of 148 Meeting Date: February 11, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-103-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/10/2010 Town Council On agenda:Final action:2/15/2010 Title:Consider and take appropriate action regarding a Resolution approving a sole source purchase from Innoprise Software, Inc.; and providing an effective date. Friendly, Responsive Goal # 3: Community with shared visio Create a positive regional identity Clean, Well Kept Healthy and Vibrant Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Attachments:Innoprise Sole Source Letter 2-10-10.pdf Res. 2010-07 Sole Source Software.pdf Action ByDate Action ResultVer. Town Council 121 of 148 Meeting Date: February 11, 2010 12010-103-T Version:File #: Title Consider and take appropriate action regarding a Resolution approving a sole source purchase from Innoprise Software, Inc.; and providing an effective date. Friendly, Responsive Goal # 3: Community with shared visio Create a positive regional identity Clean, Well Kept Healthy and Vibrant Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Body In the municipal market, most of the local government technology providers for small and medium organizations are based on “legacy” systems using antiquated technology. Changes to these systems are difficult, costly, and time consuming. Due to limitations of the software, many users have had to purchase separate report writing applications to interface with the “legacy” system applications in order to create desired reports. Innoprise Software, Inc. provides local governmentfinancial, community development,and utility software that is based on new generation Internet technologies which do not have the limitations of older-generationlegacy systems. The applications provide the ability to easily exchange data with desktop applications and extract information to create complex ad hoc reports, charts, and spreadsheets. Not only do they havethe ability to “download”informationto desktop applications, they also the user to “upload” information. The Innoprise Web Based suite of local government software applications is available only though the sole source provider,InnopriseSoftware, Inc. A “sole source” or proprietarypurchase is allowed under State purchasing laws and the Town’s purchasing policy when a product or service has a unique feature that is not shared by others or provides a compelling distinction which sets one vendorapart from another in the marketplace. The attached resolution authorizes the Town Manager to execute the documents necessary to acquire Innoprise software. Town Council 122 of 148 Meeting Date: February 11, 2010 Town Council 123 of 148 Meeting Date: February 11, 2010 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2010-07 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, AUTHORIZING THE PURCHASE OF INNOPRISE BROWSER BASED LOCAL GOVERNMENT SOFTWARE FROM INNOPRISE SOFTWARE, INC., THE SOLE SOURCE SUPPLIER OF SUCH SOFTWARE; AUTHORIZING THE TOWN MANAGER OR HIS DESIGNEE TO TAKE SUCH ACTION AND EXECUTE SUCH DOCUMENTS AS NECESSARY TO EFFECTUATE THE PURCHASE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas, desires to purchase browser based local government software for use by employees for use in the performance of their job duties for the Town; and WHEREAS, Innoprise Software, Inc. is the sole source for the Innoprise local government browser based software in that Innoprise Software is the only company that markets Innoprise browser based local government software; and WHEREAS, the Town Council is of the opinion that the software applications to be purchased by the Town are available only from one source, Innoprise Software, Inc. and therefore the purchase is exempt from competitive bid as provided for in V.T.C.A., Local Government Code, Section 252.022(a)(7); and WHEREAS, Section 5.09 of the Town’s Purchasing Policy Manual provides that upon review and concurrence of the Town Manager or his designee, a Resolution outlining the basis for a sole purchase shall be submitted to Town Council for approval; and WHEREAS, the Town Manager has reviewed the proposed purchase identified by the Finance Department as a sole source purchase, has reviewed the detailed justification provided by the Finance Department explaining why such sole purchase is necessary, a copy of which is attached hereto and incorporated herein as Exhibit “A”; and WHEREAS, based upon the information provided by the Finance Department, the Town Manager concurs with the determination that the purchase is a bona fide sole source purchase and recommends the purchase to the Town Council pursuant to this Resolution; and WHEREAS, upon full review and consideration of the proposed purchase and all matters attendant and related thereto, the Town Council is of the opinion that the purchase should be approved, and that the Town Manager or his designee should be Resolution 2010-07 1Town Council 124 of 148 Meeting Date: February 11, 2010 authorized to take such action and execute such documents as necessary to effectuate the purchase. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: Section I. The Town Council hereby finds and determines that Innoprise Software, Inc. is the sole source for the Innoprise browser based local government software to be purchased by the Town and, thus, the purchase of such software applications is exempt from competitive bid as provided for in V.T.C.A., Local Government Code, Section 252.022(a)(7). Section II. The Town Manager or his designee is hereby authorized to execute all documents as necessary to effectuate the purchase of the Innoprise browser based local government software from Innoprise Software, Inc., the sole source supplier of such software, in an amount not to exceed $23,000. Section III. This Resolution shall become effective immediately upon its passage. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 15th day of February, 2010. ________________________________ Mayor, Connie White Town of Trophy Club, Texas ATTEST: ___________________________________ Town Secretary, Lisa Hennek Town of Trophy Club, Texas [Seal] APPROVED AS TO FORM: ____________________________________ Town Attorney, Patricia A. Adams Town of Trophy Club, Texas Resolution 2010-07 2Town Council 125 of 148 Meeting Date: February 11, 2010 Resolution 2010-07 3 EXHIBIT “A” SOLE SOURCE/PROPRIETARY PURCHASE JUSTICATION A proprietary purchase is justifiable when an equivalent product or service is not available. This means that the product or service has a unique feature that is not shared by others or provides a compelling distinction which sets one vendor apart from another in the marketplace. Please provide an explanation of the needs for the unique specification and explain what restricts the specification to only one manufacturer or provider: Innoprise Software, Inc. provides local government financial and utility software that is based on new generation Internet technologies which do not have the limitations of older-generation legacy systems. The applications provide the ability to easily exchange data with desktop applications and extract information to create complex ad hoc reports, charts, and spreadsheets. Not only do they have the ability to “download” information to desktop applications, they can also “upload” information. Please explain why competing products are not satisfactory, justifying the proprietary purchase: In the municipal market, most of the local government technology providers for small and medium organizations are based on “legacy” systems using antiquated technology which is 20 to 30 years old. Changes to these systems are difficult, costly, and time consuming. Due to limitations of the software, many users have had to purchase separate report writing applications to interface with the “legacy” system applications in order to create desired reports. Town Council 126 of 148 Meeting Date: February 11, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-100-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/10/2010 Town Council On agenda:Final action:2/15/2010 Title:Consider and take appropriate action regarding the Intergovernmental Contract for Employee Services between the Town of Trophy Club and TCMUD No. 1. Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Attachments:Intergovernmental Contract for Employee Services between the Town of Trophy Club .pdf Action ByDate Action ResultVer. Town Council 127 of 148 Meeting Date: February 11, 2010 12010-100-T Version:File #: Title Consider and take appropriate action regarding the Intergovernmental Contract for Employee Services between the Town of Trophy Club and TCMUD No. 1. Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Town Council 128 of 148 Meeting Date: February 11, 2010 Town Council 129 of 148 Meeting Date: February 11, 2010 Town Council 130 of 148 Meeting Date: February 11, 2010 Town Council 131 of 148 Meeting Date: February 11, 2010 Town Council 132 of 148 Meeting Date: February 11, 2010 Town Council 133 of 148 Meeting Date: February 11, 2010 Town Council 134 of 148 Meeting Date: February 11, 2010 Town Council 135 of 148 Meeting Date: February 11, 2010 Town Council 136 of 148 Meeting Date: February 11, 2010 Town Council 137 of 148 Meeting Date: February 11, 2010 Town Council 138 of 148 Meeting Date: February 11, 2010 Town Council 139 of 148 Meeting Date: February 11, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-96-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/4/2010 Town Council On agenda:Final action:2/15/2010 Title:Items for Future Agendas. Healthy and Vibrant - Goal #6: Foster a Well Informed Community Attachments:Items for Future Agendas.pdf Action ByDate Action ResultVer. Town Council 140 of 148 Meeting Date: February 11, 2010 12010-96-T Version:File #: Title Items for Future Agendas. Healthy and Vibrant - Goal #6: Foster a Well Informed Community Town Council 141 of 148 Meeting Date: February 11, 2010 Items for Future Agendas. 1. Consider and receive input for regarding options to improve the upkeep of rental property, with or without creating a Building Standard Commission. (Edstrom - 4/21/08) 2. Item to receive a report from Town Manager Emmons regarding an update on the Comprehensive Land Plan. (Edstrom - 10/20/08 & Strother 10/19/09) 3. Consider and take appropriate action regarding a Library Focus Group or other plan for exploring options and compiling data for a future library. (Wilson) 4. Consider and take appropriate action regarding culvert issues on Skyline Park. (Wilson added on 4/6/09) 5. Item to receive a report from Town Manager Emmons regarding option to alleviate the congestion of games/practices on the baseball and the parking issues. (Wilson added May 6, 2009) 6. Consider and take appropriate action regarding future EMS negotiations. (Wilson added on August 17, 2009) 7. Item to discuss the concept for term limits for Committees. (White added on 11/2/09) 8. Consider and take appropriate action regarding an Ordinance amending Article IV entitled "Peddlers and Solicitors,” in its entirety, of Chapter 10, entitled "Public Safety", of the Code of Ordinances of the Town of Trophy Club, prescribing handbill regulations to the Ordinance.. 9. Consider and take appropriate action regarding the issuance of debt as it relates to the Park Bond Election. (Wilson 12/7/09) 10. Consider and take appropriate action regarding the creation of a Citizen’s Financial Budget Board. (Rose 12/7/09) 11. 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) 12. Consider and take appropriate action regarding contents of permit application. (Rose 2/1/10) 13. Consider and take appropriate action regarding procurement policies and their alignment with State statutes. (Rose 2/1/10) 14. Consider and take appropriate action regarding placing policies and procedures access on the Town web site. (Rose 2/1/10) 15. EDC 4B Annual update on April 12, 2010 Town Council 142 of 148 Meeting Date: February 11, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-95-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/4/2010 Town Council On agenda:Final action:2/15/2010 Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. Friendly, Responsive - Goal #3 Community with Shared Vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Healthy and Vibrant - Goal #6: Foster a Well Informed Community Attachments: Action ByDate Action ResultVer. Town Council 143 of 148 Meeting Date: February 11, 2010 12010-95-T Version:File #: Title Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. Friendly, Responsive - Goal #3 Community with Shared Vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Healthy and Vibrant - Goal #6: Foster a Well Informed Community Body Mayor White will provide a brief update on her attendance at the following meetings and events: - February Chamber Luncheon - Northeast Leadership Forum - NCP Meeting - NLF Mayor's Roundtable Dinner - Coming Soon: Please join U.S. Congressman Michael C. Burgess for a Trophy Club/Roanoke Town Hall Meeting on Saturday, February 27, 2010 at 10:00 a.m. The Town Hall meeting will be conducted at the Byron Nelson High School Auditorium. Town Council 144 of 148 Meeting Date: February 11, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-101-T Name: Status:Type:Agenda Item Executive Session File created:In control:2/10/2010 Town Council On agenda:Final action:2/15/2010 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: Town Attorney - Patricia Adams Attachments: Action ByDate Action ResultVer. Town Council 145 of 148 Meeting Date: February 11, 2010 12010-101-T Version:File #: Title Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: Town Attorney - Patricia Adams ...Body Item requested by Town Attorney Patricia Adams. Town Council 146 of 148 Meeting Date: February 11, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-102-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/10/2010 Town Council On agenda:Final action:2/15/2010 Title:Consider and take appropriate action relative to the discussion held in Executive Session, File ID 2010-101-T. Attachments: Action ByDate Action ResultVer. Town Council 147 of 148 Meeting Date: February 11, 2010 12010-102-T Version:File #: Title Consider and take appropriate action relative to the discussion held in Executive Session, File ID 2010-101-T. Town Council 148 of 148 Meeting Date: February 11, 2010