Agenda Packet TC 11/15/2010Town Council
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom5:30 PMMonday, November 15, 2010
Call to order and announce a quorum.
WORKSHOP SESSION - 5:30 P.M.
1.2010-613-T Consider and provide direction regarding Code of Conduct/Ethics Ordinance.
EthicsDisclosureof InterestSLvsFWRev2.pdf
EthicsDisclosureofInterestTCvsSL10.26.10.pdf
EthicsStandardofConductSLvsFW.pdf
EthicsStandardsofConductTTvsSLRev1.pdf
EthicsSubstantialInterestTCvsSLRev1.pdf
Financial Disclosure Statement Rev 3.pdf
Southlake Based Input.pdf
DRAFT - Ethics Ordinance.pdf
DRAFT - Financial Disclosure Statement.pdf
Ord. 2010-XX Draft Ethics Ordinance - Compliance with State law.pdf
Attachments:
2.2010-619-T Discussion of other agenda items posted for consideration on the Regular Session
Council Agenda for November 15, 2010.
RECONVENE INTO REGULAR SESSION - ESTIMATED TIME 7:00 P.M.
Invocation
Pledges:
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one
and indivisible."
3.2010-618-T Mayor White to introduce new Town Manager Mike Slye.
4.2010-612-T Presentation of Life Saving Award by Fire Chief Danny Thomas.
Town Council 1 of 180 Meeting Date: November 15, 2010
November 15, 2010Town Council Meeting Agenda
Citizen Presentations:
This is an opportunity for citizens to address the Council on any matter whether or not it
is posted on the agenda. The Council is not permitted to take action on or discuss any
presentations made to the Council at this time concerning an item not listed on the
agenda. The Council will hear presentations on specific agenda items prior to the
Council addressing those items. You may speak up to three (3) minutes or the time limit
determined by the Mayor or presiding officer. To speak during this item you must
complete the Speaker's form that includes the topic(s) of your statement. Topics of
presentation should be limited to matters over which the Council has authority.
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council
and will be enacted by one motion. There will not be a separate discussion of these
items. If discussion is desired, that item will be removed from the consent agenda and
will be considered separately.
5.2010-514-T Consider and take appropriate action regarding the Minutes dated September 13, 2010.
September 13, 2010 Minutes.pdfAttachments:
6.2010-515-T Consider and take appropriate action regarding the Minutes dated September 18, 2010.
September 18, 2010 Minutes.pdfAttachments:
7.2010-516-T Consider and take appropriate action regarding the Minutes dated September 20, 2010.
September 20, 2010 Minutes.pdfAttachments:
8.2010-535-T Consider and take appropriate action regarding the Minutes dated September 27, 2010.
September 27, 2010 Minutes.pdfAttachments:
REGULAR SESSION
9.2010-614-T Consider and provide input regarding a Special Events Ordinance.
Chief Special Events Ord memorandum.pdf
Special Events Ordinance.pdf
Attachments:
10.2010-556-T Staff presentation and update regarding the Roundabout; discussion of same.
Memo - TNP - Roundabout Intersection.pdfAttachments:
11.2010-615-T Town Manager Slye's update regarding the following; discussion of the same:
- Initial assessment and first impressions of Trophy Club
- Town Survey Update
- Update on the CAPP Utility Contract
- Posting of the Town Secretary Position
- ICSC Conference November 17 - 19, 2010
Town Council 2 of 180 Meeting Date: November 15, 2010
November 15, 2010Town Council Meeting Agenda
12.2010-616-T Mayor and Council Updates regarding training opportunities, educational sessions, and
regional meetings; discussion of same.
13.2010-617-T Items for Future Agendas.
Future Agenda Items List.pdfAttachments:
This item allows Council to request the placement of items on upcoming agendas when
the topic of discussion requires research and review that cannot be accomplished in the
time frame between regular Council meetings. However, a Council Member may
request that an item be placed on the next regularly scheduled meeting without first
placing that item on the Future Agenda Items list. All requests for agenda items must
comply with Charter requirements.
ADJOURN
* The Town Council may convene into executive session to discuss posted items as
allowed by the Texas Open Meeting Act, LGC.551.071
CERTIFICATION
I certify that the above notice was posted on the front window of the Svore Municipal
Building, 100 Municipal Drive, Trophy Club, Texas, on Friday, November 12, 2010 by
5:00 P.M. in accordance with Chapter 551, Texas Government Code.
____________________________________
Shannon DePrater, Interim Town Secretary
If you plan to attend this public meeting and have a disability that requires special
needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in
advance and reasonable accommodations will be made to assist you.
I certify that the attached notice and agenda of items to be considered by this Board
was removed by me from the front window of the Svore Municipal Building, 100
Municipal Drive, Trophy Club, Texas, on the __________ day of
______________________, 2010.
________________________________, Title: ___________________________
Town Council 3 of 180 Meeting Date: November 15, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-613-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/8/2010 Town Council
On agenda:Final action:11/15/2010
Title:Consider and provide direction regarding Code of Conduct/Ethics Ordinance.
Attachments:EthicsDisclosureof InterestSLvsFWRev2.pdf
EthicsDisclosureofInterestTCvsSL10.26.10.pdf
EthicsStandardofConductSLvsFW.pdf
EthicsStandardsofConductTTvsSLRev1.pdf
EthicsSubstantialInterestTCvsSLRev1.pdf
Financial Disclosure Statement Rev 3.pdf
Southlake Based Input.pdf
DRAFT - Ethics Ordinance.pdf
DRAFT - Financial Disclosure Statement.pdf
Ord. 2010-XX Draft Ethics Ordinance - Compliance with State law.pdf
Action ByDate Action ResultVer.
Town Council 4 of 180 Meeting Date: November 15, 2010
File #: 2010-613-T, Version: 1
Title
Consider and provide direction regarding Code of Conduct/Ethics Ordinance.
Body
Goal #1: Safe and secure community.
Maintain Trophy Club’s Low crime rate
Increase positive visibility through community policing initiatives
Provide superior Emergency Services
Increase citizen involvement
Town Council 5 of 180 Meeting Date: November 15, 2010
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Date: November 15, 2010
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Date: November 15, 2010
(d
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13
of
18
0
Me
e
t
i
n
g
Date: November 15, 2010
in
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14
of
18
0
Me
e
t
i
n
g
Date: November 15, 2010
(3
)
I
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f
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su
b
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t
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(
b
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6
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n
d
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c
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f
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r
To
w
n
Co
u
n
c
i
l
16
of
18
0
Me
e
t
i
n
g
Date: November 15, 2010
(4
)
I
n
t
h
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c
a
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f
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m
p
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on
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c
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2
6
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1
0
To
w
n
Co
u
n
c
i
l
17
of
18
0
Me
e
t
i
n
g
Date: November 15, 2010
So
u
t
h
l
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k
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r
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r
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r
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W
o
r
t
h
To
w
n
Co
u
n
c
i
l
18
of
18
0
Me
e
t
i
n
g
Date: November 15, 2010
(3
)
K
n
o
w
i
n
g
l
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To
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Co
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c
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19
of
18
0
Me
e
t
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g
Date: November 15, 2010
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(5
)
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v
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;
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p
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g
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a
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p
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t
o
e
n
g
a
g
e
.
To
w
n
Co
u
n
c
i
l
20
of
18
0
Me
e
t
i
n
g
Date: November 15, 2010
th
e
y
a
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a
m
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(6
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(7
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.
(8
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(9
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r
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1
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(b
)
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(1
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;
(2
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s
a
m
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i
a
l
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s
s
f
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t
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.
Fo
r
c
o
m
p
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s
o
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p
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e
s
,
s
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c
t
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n
h
a
s
b
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m
o
v
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d
t
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g
5
(d)
Th
e
r
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s
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c
t
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n
s
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h
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b
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f
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l
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w
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g
:
(1
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A
c
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y
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m
p
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y
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m
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m
b
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m
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(
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p
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y
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r
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v
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w
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t
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a
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n
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n
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s
h
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e
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m
m
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w
h
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h
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r
s
h
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a
m
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m
b
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r
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r
(2
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c
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m
p
l
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f
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b
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m
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s
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m
p
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m
e
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t
m
a
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r
s
;
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r
(3
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O
t
h
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l
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g
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b
l
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pa
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f
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at
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f
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d
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d
p
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g
r
a
m
s
a
d
m
i
n
i
s
t
e
r
e
d
To
w
n
Co
u
n
c
i
l
21
of
18
0
Me
e
t
i
n
g
Date: November 15, 2010
wi
t
h
t
h
e
T
o
w
n
w
i
t
h
a
b
u
s
i
n
e
s
s
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n
t
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t
y
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n
w
h
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h
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h
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h
a
s
a
su
b
s
t
a
n
t
i
a
l
i
n
t
e
r
e
s
t
.
(1
2
)
E
n
g
a
g
e
i
n
a
n
y
d
i
s
h
o
n
e
s
t
or
c
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m
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n
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me
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h
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m
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f
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w
n
.
(1
3
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K
n
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w
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l
y
p
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f
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m
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or
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a
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l
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t
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m
s
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)
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n
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f
f
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p
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d
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d
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g
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p
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s
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s
s
en
t
i
t
y
:
(1
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B
e
f
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r
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t
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n
C
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n
c
i
l
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d
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p
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m
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n
t
,
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n
c
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bo
a
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d
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m
m
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s
s
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n
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f
t
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T
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w
n
;
(2
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n
a
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a
c
t
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p
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d
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p
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m
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t
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a
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c
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,
b
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m
m
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s
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t
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f
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pa
r
t
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;
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r
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a
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d
w
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m
p
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m
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v
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n
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m
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a
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m
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c
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p
a
t
e
.
(4
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A
p
a
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r
,
a
s
s
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o
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f
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m
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c
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c
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c
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,
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c
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f
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p
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f
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f
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p
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m
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w
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s
s
f
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t
h
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p
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c
u
t
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n
.
(c
)
N
o
m
e
m
b
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f
a
c
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t
y
b
o
a
r
d
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m
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s
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a
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k
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g
l
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p
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t
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d
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c
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d
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tl
y
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g
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p
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u
s
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s
s
en
t
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t
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:
(1
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f
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b
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f
c
o
m
m
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w
h
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c
h
h
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h
e
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s
a
me
m
b
e
r
;
(2
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B
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f
o
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a
b
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d
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c
o
m
m
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s
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c
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c
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m
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h
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h
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m
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m
b
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r
;
(3
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B
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f
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c
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c
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n
c
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l
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m
m
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f
w
h
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b
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v
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c
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,
d
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c
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c
t
,
p
r
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e
n
t
o
r
p
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p
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c
t
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v
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;
(4
)
I
n
a
n
y
a
c
t
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n
o
r
p
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d
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p
a
r
t
y
;
o
r
To
w
n
Co
u
n
c
i
l
22
of
18
0
Me
e
t
i
n
g
Date: November 15, 2010
(c
)
T
h
e
r
e
s
t
r
i
c
t
i
o
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s
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n
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s
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p
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h
i
b
i
t
t
h
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f
o
l
l
o
w
i
n
g
:
(1
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A
T
o
w
n
o
f
f
i
c
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a
l
,
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p
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m
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(
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ty
;
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r
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m
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r
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c
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l
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To
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d
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p
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m
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n
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g
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b
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p
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a
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(d
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h
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a
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T
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w
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f
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c
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a
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s
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a
pp
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m
p
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b
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m
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l
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.
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m
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f
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m
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h
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r
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l
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w
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g
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(1
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y
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y
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m
b
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c
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m
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t
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hi
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m
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c
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p
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c
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a
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a
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F
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c
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p
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.
(4
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p
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t
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a
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w
h
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c
h
w
a
s
To
w
n
Co
u
n
c
i
l
23
of
18
0
Me
e
t
i
n
g
Date: November 15, 2010
Pa
g
e
7
St
a
n
d
a
r
d
s
o
f
C
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t
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n
.
To
w
n
Co
u
n
c
i
l
24
of
18
0
Me
e
t
i
n
g
Date: November 15, 2010
Tr
o
p
h
y
C
l
u
b
O
r
d
i
n
a
n
c
e
(
S
e
c
t
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o
n
4
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n
d
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k
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a
s
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d
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u
t
h
l
a
k
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s
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d
(1
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G
i
f
t
s
No
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o
w
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f
f
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c
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r
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s
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o
u
t
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l
a
k
e
To
w
n
Co
u
n
c
i
l
25
of
18
0
Me
e
t
i
n
g
Date: November 15, 2010
St
a
n
d
a
r
d
s
o
f
C
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n
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l
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r
d
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(
S
e
c
t
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n
4
)
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(2
)
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e
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f
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t
:
(1
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p
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d
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b
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(c
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.
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in
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o
n
,
gr
o
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p
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b
u
s
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n
t
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t
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;
(3
)
K
n
o
w
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d
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c
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m
p
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o
t
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h
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d
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d
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t
h
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th
i
s
c
o
d
e
.
(4
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U
s
e
o
n
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s
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t
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c
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v
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r
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m
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on
s
f
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f
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r
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p
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v
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a
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o
w
n
o
f
f
i
c
i
a
l
,
a
p
p
o
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n
t
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,
em
p
l
o
y
e
e
,
o
r
h
i
s
o
r
h
e
r
s
p
o
u
s
e
.
(5
)
E
n
g
a
g
e
i
n
a
n
y
e
x
c
h
a
n
g
e
,
p
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l
26
of
18
0
Me
e
t
i
n
g
Date: November 15, 2010
St
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27
of
18
0
Me
e
t
i
n
g
Date: November 15, 2010
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T
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n
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or
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k
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To
w
n
Co
u
n
c
i
l
28
of
18
0
Me
e
t
i
n
g
Date: November 15, 2010
St
a
n
d
a
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s
o
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S
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r
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c
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d
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tl
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n
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,
g
r
o
u
p
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s
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t
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:
(1
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e
f
o
r
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t
h
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T
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w
n
C
o
u
n
c
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l
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r
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n
y
d
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p
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r
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m
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n
t
,
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c
y
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bo
a
r
d
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r
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m
m
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s
s
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o
n
o
f
t
h
e
T
o
w
n
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(2
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I
n
a
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o
n
o
r
p
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c
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d
i
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n
s
t
t
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n
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a
n
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de
p
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m
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r
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n
a
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w
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d
b
y
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f
f
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p
l
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n
t
h
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h
i
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f
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d
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t
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cr
i
m
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n
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d
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i
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w
h
i
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h
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n
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f
f
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p
l
o
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s
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m
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a
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n
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r
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c
u
t
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h
e
r
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r
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c
t
i
o
n
s
i
n
t
h
i
s
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n
d
o
n
o
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p
r
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h
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b
i
t
t
h
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f
o
l
l
o
w
i
n
g
:
(1
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A
T
o
w
n
o
f
f
i
c
i
a
l
,
a
p
p
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n
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o
r
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m
p
l
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(
o
t
h
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r
t
h
a
n
To
w
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C
o
u
n
c
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l
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h
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sp
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a
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r
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n
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ty
;
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r
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,
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o
w
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r
,
t
h
a
t
n
o
To
w
n
Co
u
n
c
i
l
29
of
18
0
Me
e
t
i
n
g
Date: November 15, 2010
Pa
g
e
6
St
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d
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r
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of
18
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Me
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t
i
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Date: November 15, 2010
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To
w
n
Co
u
n
c
i
l
31
of
18
0
Me
e
t
i
n
g
Date: November 15, 2010
Pa
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To
w
n
Co
u
n
c
i
l
32
of
18
0
Me
e
t
i
n
g
Date: November 15, 2010
DRAFT
DRAFT
09-07-10 Rev 3
WCR
Page 1 of 2
TOWN OF TROPHY CLUB
FINANCIAL DISCLOSURE STATEMENT
(Code of Ethics and Conduct Ordinance 2010 -___ Annex A)
[For the year ending ________ ___, 20 _____]
Town Officials are required to complete this statement no later than March 30th of each year. This
statement is required by the Code of Ethics and Conduct Ordinance of the Town of Trophy Club.
Please refer to the Ordinance for specific requirements and the definition of terms. Where additional
space is required, please attach separate pages. Please fill in all items. If a requested item does not
apply, please write "N/A".
The Town Secretary shall maintain all financial disclosure statements required to be filed as public
records and retain them for a period of three (3) years after which statements shall be returned to the
person filing them or be destroyed.
Name: _______________________________________ Telephone number: ________________
Residence address: Business address:
____________________________________ _______________________________________
____________________________________ _______________________________________
Name(s) of Town official’s spouse and minor children:
______________________________________________________________________
All names under which the Town official, spouse and minor children of the Town official do business:
______________________________________________________________________
A. Identify by street address, and legal description all real property located within the Town or its
extraterritorial jurisdiction in which the person filing has a substantial interest.
B. Identify each business entity owning property or doing business within the Town or its
extraterritorial jurisdiction in which the person filing has a substantial interest.
C. Identify each person or business entity, other than a bank, credit union, or a savings and loan
association, to whom the person filing or family member owed a debt of ten thousand dollars
($10,000) or more during the reporting period. If the debt is repaid during the reporting period the
Town Council 33 of 180 Meeting Date: November 15, 2010
DRAFT
DRAFT
09-07-10 Rev 3
WCR
Page 2 of 2
date of repayment shall be stated. Do not including debts owed to persons related within the second
degree of consanguinity or affinity, revolving charge accounts, or loans from a political campaign
which were reported as required by law. Do not state the amount of debts.
D. Identify each source of income amounting to ten (10) percent or more of the person filing or family
member’s gross annual income as defined by the United States Internal Revenue Code. Do not state
the amounts of income.
E. Identify the donor of each gift of more than one hundred fifty dollars ($150.00) in value received by
the person filing or family member, including the value of the gift, where such donor has appeared
before and requested action of the Town Council during the reporting period. Do not include
campaign contributions reported as required by State law.
F. Identify the donor of two or more gifts of an accumulated value of six hundred dollars ($600.00) or
more received by the person filing or family member, where such donor has appeared before and
requested action of the Town Council during the reporting period. Do not include campaign
contributions reported as required by State law.
G. Identify all individuals or business entities that: (1) the person filing or a business entity in which
he has a substantial interest has had business dealings involving one or more transactions of five
hundred dollars ($500.00) or more each, for a total of twenty-five hundred dollars ($2,500) or more,
and (2) have appeared before and requested action of the Town Council during the reporting period.
By: _______________________________________________________ Signature
Name: _____________________________________________________Type or Print
STATE OF TEXAS §
COUNTY OF DENTON §
BEFORE ME, the undersigned Notary Public, on this day personally appeared __________, as
affiant, known to me, and after being duly sworn by me, stated on his/her oath that the foregoing and
annexed Financial Disclosure Statement is within the knowledge of affiant and is true and correct.
Notary Public-State of Texas
Town Council 34 of 180 Meeting Date: November 15, 2010
Southlake Based Input
__________
Sec. 2-261. Definitions.
.
Substantial interest.
(1) A person has a substantial interest in a business entity if:
a. The interest is ownership of ten percent or more of the voting stock or shares of
the business entity or ownership of either ten percent or more or $5,000.00 or
more of the fair market value of the business entity (see section 171.002, Texas
Local Government Code); or
b. Funds received by the person from the business entity exceed ten percent of the
person's gross income for the previous year (see section 171.002, Texas Local
Government Code); or
c. The person holds a position of member of the board of directors or other
governing board of the business entity; or
d. The person serves as an elected officer of the business entity; or
e. The person is an employee of the business entity; or
f. The person is a creditor, debtor or guarantor of the business entity in the amount
of 5,000.00 or more; or
g. Property of the person has been pledged to the business entity or is subject to a
lien in favor of the business entity in the amount of $5,000.00 or more.
(2) A person does not have a substantial interest in a business entity if:
a. The person holds a position as a member of the board of directors or other
governing board of a business entity; and
b. The person has been designated by the Town Council to serve on such board;
and
c. The person receives no remuneration, either directly or indirectly, for his or her
service on such board; and
d. The primary nature of the business entity is either, charitable, nonprofit or
governmental.
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(3) A person has a substantial interest in real property if the interest is an equitable or
legal ownership interest with a fair market value of $2,500.00 or more (see section
171.002, Texas Local Government Code).
(4) A person has a substantial interest under this chapter if the person's family member
has a substantial interest under this chapter (see section 171.002, Texas Local
Government Code).
Sec. 2-263. Penalties for violation of article; forfeited position; exemptions;
injunctions.
(a) Except where otherwise provided by state law, it is not the intent of this article that
violations of this article be subject to criminal penalties.
(b) Whenever the Town Council has determined that any Town official, appointee or
employee has violated any provision of this article, such Town official, appointee or
employee shall be subject to discipline, including forfeiture of his office or position.
Nothing in this article shall be construed to prohibit such Town official, appointee or
employee from being reelected, reappointed or otherwise rehired to any position forfeited
under the provisions of this article.
(c) The Town Council may exempt from the provisions of this article any conduct found
to constitute a violation by a Town official, appointee or employee if it finds that the
enforcement of this article with respect to such conduct is not in the public interest.
(d) Any contract or transaction which was the subject of an official act or action of the
Town in which there is an interest prohibited by this article, or which involved the
violation of a provision of this article, shall be voidable at the option of the Town
Council.
(e) At the discretion of the Town Council, the Town attorney shall have the power, where
a violation of the provisions of this article is threatened or has occurred, to bring a civil
action or proceeding, at law or in equity, for a judgment enjoining any violation of the
provisions of this article or requiring the relinquishment of any prohibited interest or the
voiding of any such contract or transaction, taking into account the interests of the Town
and any third persons who may be injured thereby. Where the Town Council determines
that the public interest may best be served by not voiding a contract or transaction entered
into in violation of this article, such contract or transaction may be enforced, and an
action or proceeding may be brought against any Town official, appointee or employee
found in violation of provisions of this article for damages, not to exceed twice the
damages suffered by the Town or twice the profit or gain realized by the Town official,
appointee or employee, whichever is greater.
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Sec. 2-264. Standards of conduct.
(a) No Town official, appointee or employee, or their spouses, shall knowingly:
(1) Accept or solicit any gift, favor, service or thing of value from any person,
group or business entity, including a promise of future employment, that might
reasonably tend to influence him in the discharge of his or her official duties or
that the Town official, appointee or employee knows or should know is being
offered with the intent to influence the Town official's or employee's official
conduct. This prohibition shall not apply to:
a. An occasional non-pecuniary gift, insignificant in value; or
b. An award publicly presented in recognition of public service; or
c. Any gift which would have been offered or given to the Town official,
appointee or employee or his or her spouse if he/she were not a Town
official, appointee or employee; or
d. Any travel and related expenses to attend ceremonial functions,
provided that such acceptance and attendance have been approved by the
Town Council prior to the occurrence of the ceremonial function.
(2) Grant in the discharge of his or her official duties any improper favor, service
or thing of value to any person, group or business entity;
(3) Knowingly disclose any confidential information gained by reason of the
position of the Town official, appointee or employee concerning property,
operations, policies or affairs of the Town, or use such confidential information to
advance any personal interest, financial or otherwise, of such Town official,
appointee or employee, or others. This subsection shall not preclude disclosure of
such confidential information in connection with any investigation or proceeding
regarding whether there has been a violation of the standards of conduct set forth
in this code.
(4) Use one's position or office of employment or Town facilities, personnel,
equipment or supplies to secure special privileges or exemptions for himself or
others or for the private gain of the Town official, appointee, employee, or his or
her spouse.
(5) Engage in any exchange, purchase or sale of property, goods or services with
the Town, except:
a. Rendering services to the Town as a Town official, appointee or
employee;
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b. Paying taxes, fines, utility service or filing fees;
c. Executing and performing any developer's agreement or plat in
compliance with laws and regulations applicable to any person; provided,
however, that if any Town ordinance, rule or regulation allows any
discretion by the appropriate Town officials, appointees or employees of
the Town in the interpretation or enforcement of such ordinance, rule or
regulation, any such discretion shall be exercised in favor of the Town in
connection with any such developer's agreement or plat;
d. Appointees who are not otherwise Town officials or employees of the
Town, may engage in any exchange, purchase or sale of property, goods
or services with the Town, or enter into a contract with the Town,
provided that the board on which they are a member has no advisory
function or cognizance, direct or indirect, present or prospective, with
respect to the transaction in which such appointee engages or proposes to
engage.
(6) Hold himself/herself out as representing the Town in any capacity other than
that for which he was appointed, elected or hired.
(7) Engage in or accept private employment or render a service when such
employment or service is incompatible with the proper discharge of his or her
official duties or would tend to impair his or her independent judgment in the
performance of his or her official duties.
(8) Make or permit the unauthorized use of Town owned vehicles, equipment,
materials or property.
(9) Grant any special consideration, treatment or advantage to any citizen beyond
that which is available to every other citizen.
(10) After termination of service or employment with the Town, appear before
any board or commission of the Town in relation to any case, proceeding or
application in which he or she personally participated or which was under his or
her active consideration, during the period of his or her service or employment.
(11) Transact any business in his or her official capacity with the Town with a
business entity in which he/she has a substantial interest.
(12) Engage in any dishonest or criminal act or any other conduct prejudicial to
the government of the Town or that reflects discredit upon the government of the
Town.
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(13) Knowingly perform or refuse to perform any act in order to deliberately
thwart the execution of Town ordinances, rules or regulations or the achievement
of official Town programs.
(b) No Town official, appointee or employee shall knowingly represent, directly or
indirectly, any person, group or business entity:
(1) Before the Town Council or any department, agency, board or commission of
the Town;
(2) In any action or proceeding against the interests of the Town or in any
litigation in which the Town or any department, agency, board or commission
thereof is a party; or
(3) In any action or proceeding in the municipal courts of the Town which was
instituted by a Town official or employee in the course of his or her official
duties, or a criminal proceeding in which any Town official or employee is a
material witness for the prosecution.
(c) The restrictions in this section do not prohibit the following:
(1) A Town official, appointee or employee (other than Town Council), or his or
her spouse, appearing before the Town Council or a Town department, agency,
board or commission to represent himself or herself in a matter affecting his or
her property; provided, however, that no such person, or his or her spouse, shall
appear before the board or commission of which he or she is a member; or
(2) A Town employee or official of an employee organization appearing before
the Town Council or a Town department, agency, board or commission to address
employment matters.
(d) The restrictions in this section do not apply to business associates of Town officials,
appointees or employees, but only personally to the Town officials, appointees and
employees.
Sec. 2-265. Disclosure of interest.
(a) If any Town official, appointee or employee has a substantial interest in a business
entity or real property involved in any decision pending before such Town official,
appointee, employee, or the body of which he or she is a member, such Town official,
appointee, or employee, shall disclose such interest as provided in subsection (d) below
and shall not, except as provided in subsection (b) below, discuss the substance of the
matter at any time with any other member of the board of which he is a member or any
other body which will vote on or otherwise participate in the consideration of the matter.
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(b) If any of the following interests or relationships are involved in any decision pending
before any Town official, appointee, or employee, or the body of which he is a member,
such Town official, appointee, or employee must disclose such interest or relationship as
provided in subsection (d) and, in the case of an interest described in subsection (b)(6), as
provided in subsection (e), subsection (f), or subsection (g) below, but he shall be
permitted to vote on and participate in the consideration of such matter:
(1) A decision concerning a bank or other financial institution from which the
Town official, appointee, or employee has a home mortgage, automobile loan, or
other installment loan, if the loan is not currently in default, was originally for a
term of more than two years and cannot be accelerated except for failure to make
payments according to the terms thereof;
(2) A decision concerning a bank or other financial institution in which the Town
official, appointee, or employee holds a savings account, checking account or
certificate of deposit and which is fully insured by the U.S. government or an
agency thereof;
(3) A decision concerning a business entity with which the Town official,
appointee, or employee has a retail or credit card account;
(4) A decision concerning the approval of substitution of collateral by a Town
depository bank;
(5) A decision concerning real property in which the Town official, appointee or
employee has a substantial interest if it is not reasonably foreseeable that such
decision would have a special economic effect on the value of the property,
distinguishable from the effect on the public (see § 171.004, Texas Local
Government Code).
(6) A relationship between a Town official, appointee or employee and a person
who has contracted with the Town or is considering doing business with the
Town, if the Town official, appointee, employee, or family member of the Town
official, appointee or employee has received one or more gifts from a person who
has contracted with the Town or with whom the Town is considering entering into
a contract and the gift(s) have an aggregate value of more than $250.00 in the 12-
month period preceding the date the person becomes aware of a contract with the
Town or that the Town is considering entering into a contract with the person.
This shall not apply to gifts given as a political contribution as defined by the
election code, gifts given by a family member of the person accepting the gift, or
gifts of food, lodging, transportation or entertainment accepted as a guest.
(c) If the following relationship exists between any Town official, appointee, employee or
family member of a Town official, appointee or employee, such Town official, appointee
or employee must disclose such interest as provided in subsection (e), subsection (f), or
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subsection (g) below and shall not, in accordance with subsection (a), discuss the
substance of the matter at any time with any other member of the board of which he or
she is a member or any other body which will vote on or otherwise participate in the
consideration of the matter. A relationship shall exist if the Town official, appointee,
employee, or family member of the Town official, appointee or employee receives
taxable income, other than investment income, that exceeds $2,500.00 from a person who
contracts with the Town or with whom the Town is considering entering into a contract if
such income was received during the 12-month period preceding the date the Town
official, appointee or employee becomes aware of the existing or potential contract.
(d) A Town official, appointee or employee shall disclose the existence of any substantial
interest in a business entity or real property involved in any decision pending before such
Town official, appointee or employee, or the body of which he is a member. To comply
with this paragraph, a Town official or appointee shall, prior to any discussion or
determination of the matter, either file an affidavit of disclosure as required by § 171.004
of the Texas Local Government Code or, if not so required, shall publicly disclose in the
official records of the body or of the Town secretary the nature of the interest. To comply
with this paragraph, a Town employee shall notify his or her superior, and the director of
human resources in writing of the nature of any substantial interest he may have in a
business entity or real property which would be affected by an exercise of discretionary
authority by the Town employee. The employee's superior shall assign the matter to
another employee.
(e) A Council member or the Town manager shall disclose a relationship as defined in
subsections (b)(6) and (c) that exists between the Council member, the Town manager or
family member of the Council member or Town manager with a person who enters into a
contract the Town or with whom the Town is considering entering into a contract by
filing a conflicts disclosure statement with the Town secretary as required by § 176.003
of the Texas Local Government Code. The disclosure statement form is available from
the Town secretary or by visiting www.ethics.state.tx.us/whatsnew/conflict forms. This
disclosure shall be filed not later than 5:00 p.m. on the seventh business day after the date
on which the Council member or the Town manager becomes aware of the existence of a
relationship as defined in subsections (b)(6) and (c).
(f) An appointee shall disclose a relationship as defined in subsections (b)(6) and (c) that
exists between the appointee, or family member of the appointee with a person who
enters into a contract with the Town or with whom the Town is considering entering into
a contract by filing a written statement with the Town secretary on a form promulgated
by the Town secretary for that purpose. This statement shall be filed not later than 5:00
p.m. on the seventh business day after the date on which the appointee or employee
becomes aware of the existence of a relationship as defined in subsections (b)(6) and (c).
(g) An employee of the Town shall disclose a relationship as defined in subsections (b)(6)
and (c) that exists between the employee, or family member of the employee, with a
person who enters into a contract with the Town or with whom the Town is considering
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entering into a contract by filing a written statement with the director of human resources
on a form promulgated by the human resources department for that purpose. This
notification shall be provided not later than 5:00 p.m. on the seventh business day after
the date on which employee becomes aware of the existence of a relationship as defined
in subsections (b)(6) and (c).
Town Council 42 of 180 Meeting Date: November 15, 2010
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE 2010 - ___
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
PROVIDING AN ETHICS POLICY; DEFINING CERTAIN TERMS;
PROVIDING FOR STANDARDS OF CONDUCT; PROVIDING FOR
CERTAIN FINANCIAL DISCLOSURES; ESTABLISHING AN ETHICS
COMMISSION; PROVIDING FOR DISPOSITION OF ALLEGED
VIOLATIONS; AMENDING THE CODE OF ORDINANCES; PROVIDING
AN EFFECTIVE DATE AND SAVINGS CLAUSE; AND PROVIDING FOR
RELATED MATTERS.
WHEREAS, the Town of Trophy Club, Texas is a Home Rule Town acting under its
Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, at a Special Election held in accordance with Ordinance 2009-07, within the
Town of Trophy Club, Texas, on the 9th day of May, 2009, more than a majority of the
duly qualified resident electors of the Town of Trophy Club, voting in the Special
Election, voted in favor of the approval and adoption of various amendments to the
Home Rule Charter for the Town of Trophy Club, Texas; and
WHEREAS, on the 18th day of May, 2009, the Town Council of the Town of Trophy Club
adopted Ordinance 2009-12 canvassing the returns of the Special Election and declaring
that the Charter had been so amended in accordance with the official results of the
Special Election and the Order of the Special Election, and thereby approved and
adopted amendments to the Home-Rule Charter of the Town of Trophy Club; and
WHEREAS, a Code of Ethics and Conduct, and an Ethics Commission amendment
were included in Ordinance 2009-07 and Ordinance 2009-12; and
WHEREAS, the Code of Ethics and Conduct, and Ethics Commission amendment
requires an ethics and conduct ordinance be adopted by the Town Council; and
WHEREAS, the Code of Ethics and Conduct, and Ethics Commission amendment
requires an ethics and conduct ordinance be applicable to elected officers, appointed
boards, commissions, committee members, and employees of the Town; and
WHEREAS, the Code of Ethics and Conduct, and Ethics Commission amendment
requires establishment of an independent Ethics Commission; and
WHEREAS, statutory provisions governing the ethical conduct of public officials and
employees are found in various codes including the Texas Local Government Code,
Texas Government Code and the Texas Penal Code; and
WHEREAS, the conduct of the public business should be accomplished by Town
Officials, appointees and employees that have no personal financial interest in such
business clearly separate from that of the general public; and
WHEREAS, it is important that Town Officials, appointees and employees be provided
with a process and procedure to give notice and to then refrain from participation in any
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specific business of the Town in which such Official has a personal financial interest
different from that of the general public; and
WHEREAS, a reasonable ethics ordinance with disclosure requirements will provide a
basis for continuing public confidence in the conduct of the business and affairs of the
Town;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
CODE OF ETHICS AND CONDUCT
SECTION 1.
POLICY
(1) It is the policy of the Town that the proper operation of democratic government
requires that Town officials, appointees and employees be independent, impartial and
responsible to the people; that governmental decisions and policy be made in proper
channels of the governmental structure; that public office not be used for personal gain;
and that the public have confidence in the integrity of its government in recognition of
these goals, a code of ethics and conduct for all Town officials, appointees and
employees is adopted.
(2) This code of ethics has four purposes: (a) to encourage high ethical standards in
official conduct by Town officials, appointees and employees; (b) to establish guidelines
for ethical standards of conduct for all such officials, appointees and employees by
setting forth those acts or actions that are incompatible with the best interests of the
Town; (c) to require disclosure by such officials, candidates, appointees and employees
of private financial or other interests in matters affecting the Town; and (d) to serve as a
basis for disciplining those who fail to abide by its terms.
(3) The provisions of this article shall not apply to political contributions, loans,
expenditures, reports or regulation of political campaigns, or the conduct of candidates in
such campaigns, except as expressly provided herein.
SECTION 2.
PRINCIPLES OF CONDUCT
(1) The Town Council further believes that an elected or appointed Town official,
appointee or employee assumes a public trust and should recognize the importance of
high ethical standards within the organization they lead or support. Essential values and
ethical behaviors that an elected or appointed Town official, appointee or employee
should exemplify include the following:
(a) Commitment beyond self.
(b) Obedience and commitment beyond the law.
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(c) Commitment to the public good.
(d) Respect for the value and dignity of all individuals.
(e) Accountability to the public.
(f) Truthfulness.
(g) Fairness.
(h) Responsible application of resources.
(2) In keeping with the values set forth in subsection (1) of this section and to assist in
the fulfillment of responsibilities to the individuals and communities served, each elected
or appointed Town official, appointee or employee should:
(a) Conduct himself and operate with integrity and in a manner that merits the
trust and support of the public.
(b) Uphold all applicable laws and regulations, going beyond the letter of the law
to protect and/or enhance the Town's ability to accomplish its mission.
(c) Treat others with respect, doing for and to others what the Town official,
appointee or employee would have done for and to himself in similar
circumstances.
(d) Be a responsible steward of the taxpayer resources.
(e) Take no actions that could benefit the Town official, appointee or employee
personally at the unwarranted expense of the Town, avoiding even the
appearance of a conflict of interest, and exercise prudence and good judgment at
all times.
(f) Carefully consider the public perception of personal and professional actions
and the effect such actions could have, positively or negatively, on the Town's
reputation both in the community and elsewhere.
(g) Strive for personal and professional growth to improve effectiveness as an
elected or appointed Town official, appointee or employee.
(3) Interpretation. Section 2 is a statement of purpose and principles only. Nothing in this
section may be used to create a cause of action against an elected or appointed Town
official, appointee or employee under this article.
SECTION 3.
DEFINITIONS
Appears Before. A person appears before the Town Council, board or commission
when such person publicly states his name and address, signs a sheet provided for that
purpose, and addresses the Council, board or commission.
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Appointee. Persons appointed or confirmed by the Mayor or Town Council; provided
however for the purposes of this definition, the term “appointee” does not include
Municipal Judges.
Business Entity. Any corporation, partnership, sole proprietorship, firm, enterprise,
franchise, association, organization, self-employed individual, holding company, joint
stock company, receivership, trust, or any legal entity organized for profit.
Business Dealings. Any activity involving the exchange of economic benefits.
Candidate. Every person who declares for or files for any office of the Town to be filled
by election.
Compensation. Any economic benefit received in return for labor, services, property, or
investment.
Economic Benefit. Any money, real or personal property, purchase, sale, lease,
contract, option, credit, loan, discount, service, or other tangible or intangible thing of
value, whether similar or dissimilar to those enumerated.
Employee. Any person employed by the Town whether under civil service regulations or
not, including those individuals on a part-time basis, but such term shall not be extended
to apply to any independent contractor.
Family Member. The spouse, parent or child, and the parents of a spouse of a Town
official, appointee, or Town employee.
Gift. A favor, hospitality, or economic benefit other than compensation but which does
not include campaign contributions reported as required by State law, gifts received from
a relative if given on account of kinship, or any value received by will, intestate
succession, or as a distribution from an inter vivo or testamentary trust established by a
spouse or ancestor.
Identification. For a natural person, the person’s name, street address, city and state;
for any entity other than a natural person, the name, address, city and state of the
entity’s principal location or place of business, the type or nature of the entity, the date
on which it came into existence, the state of incorporation, if any, and the names of the
partners or trustees, if any.
Income. Economic benefit received.
Intentionally. A person acts intentionally, or with intent, with respect to the nature of his
conduct or to a result of his conduct when it is his conscious objective or desire to
engage in the conduct or cause the result.
Knowingly. A person acts knowingly, or with knowledge, with respect to the nature of his
conduct or to circumstances surrounding his conduct when he is aware of the nature of
his conduct or that the circumstances exist. A person acts knowingly, or with knowledge,
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Town Council 46 of 180 Meeting Date: November 15, 2010
with respect to a result of his conduct when he is aware that his conduct is reasonably
certain to cause the result.
Pecuniary Gain. Any use, benefit or thing of value that can be valued in money.
Source of Income. Any business entity, employment, investment, or activity which
earned or produced income, including interest, dividends, royalties or rents, which has
been paid to or for the credit of a Town official, candidate or family member or which
would be taxable to said Town official, candidate or family member under the United
States Internal Revenue Code, as amended, even though not actually paid or credited.
Substantial Interest. A person has a substantial interest in a business entity if he and/or
a family member (a) owns ten percent (10%) or more of the voting stock or shares of the
business entity; (b) owns ten percent (10%) or more or $15,000 or more of the fair
market value of the business entity; or (c) funds received from the business entity
exceed ten percent (10%) or more of the person’s gross income for the previous year. A
person has a substantial interest in real property if he, his parent or child, or if married
his spouse or his spouse’s parent, controls or has an interest in the property and the
interest has a market value of $2,500.00 or more.
Town Official. The Mayor, every member of the Town Council, candidates, the Town
Manager, the Assistant Town Manager, the Town Attorney, the Town Secretary, Judges
of the Municipal Court, the Police Chief, the Fire Chief, the Finance Director, the
Information Services Director, the Parks and Recreation Director, the Human Resources
Director, the Streets Superintendent, the Planning and Zoning Coordinator and persons
acting in the capacity of the aforementioned Town officials, appointees, or employees.
SECTION 4.
STANDARDS OF CONDUCT
(1) Gifts
No Town official, appointee, or employee shall intentionally or knowingly accept or solicit
any gift, benefit, favor, service or thing of value, such that it might reasonably tend to
influence the judgment or discretion of the Town official, appointee, or employee; or that
the Town official, appointee, or employee knows or should know is being offered with the
reasonable intent to influence the Town official’s, appointee’s, or employee's judgment or
discretion; or given in consideration of the favorable exercise of such employee or
official’s judgment or discretion in the past.
(2) General Provisions
(a) No Town official, appointee, or employee shall intentionally or knowingly
disclose any confidential information gained by reason of said Town official,
appointee, or employee’s position concerning the property, operations, policies or
affairs of the Town, or use such confidential information for the pecuniary gain of
said official, appointee, employee, or others.
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(b) No Town official, appointee, or employee shall use, request, or permit the use
of Town facilities, personnel, equipment, or supplies for private purposes
(including political purposes), except:
(1) pursuant to duly adopted Town policies; or
(2) to the extent and according to the terms that those resources are
generally available to the public.
(c) Except as otherwise specifically authorized by ordinance, no Town official or
appointee shall intentionally or knowingly appear before the body of which the
official is a member while representing himself, or any other person, group,
association, interest, or business entity.
(d) No Town official, appointee or employee shall intentionally or knowingly
represent directly or indirectly any private person, group, or interest other than
himself or a family member before any department, agency, commission or board
of the Town for economic benefit or pecuniary gain.
(e) No Town official, appointee, or employee shall vote on or participate in any
decision making process if the official or employee has a direct financial interest
in the outcome of the matter under consideration. No Town official, appointee, or
employee shall vote on or participate in any decision making process on any
matter concerning real property or a business entity if the Town official,
appointee, or employee has a substantial interest in the business entity or real
property.
(f) No Town official, appointee or employee shall intentionally or knowingly
accept other employment or engage in outside activities incompatible with the full
and proper discharge of official duties and responsibilities, or which would tend to
impair independent judgment in the performance of said official duties.
(g) None of the foregoing shall be construed to prohibit any Town official,
appointee, or employee from representing his interest in his owner occupied
homestead before the Council, board, commission or any department except for
the body of which the official is a member, or the department by which the
employee is employed.
(h) In any action or proceeding in the municipal court of the Town which was
instituted by a Town official, appointee, or employee in the course of official
duties, no Town official shall knowingly represent anyone other than himself or a
family member. If a Council member elects to have a trial in municipal court, the
Town Council, without the participation of the affected council member, shall
appoint a special judge to preside over the trial.
(i) No Town official shall act as a surety for any person or business entity that has
any contract with the Town, or on any bond required by the Town for any Town
official, appointee, or employee.
SECTION 5.
DISCLOSURE OF INTEREST
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(1) If any Town official or appointee has a substantial interest in any real property or
business entity involved in any decision pending before the body of which the Town
official or appointee is a member, the Town official or appointee shall not vote or
otherwise participate in the consideration of the matter.
(2) If any employee has a substantial interest in any real property or business entity
involved in any decision pending before the department by which the employee is
employed, the employee shall not participate in the consideration of the matter.
(3) In the case of a Town official or appointee, the Town official or appointee shall
publicly disclose, verbally or in writing, the nature and extent of such interest to the body
on which the Town official or appointee serves prior to any discussion or determination
of the matter to be considered or immediately upon discovery of the conflict of interest.
The statement of disclosure shall be included in the official minutes of the body.
(4) In the case of an employee, the employee shall disclose such information in writing to
the employee’s supervisor and to the Town Secretary prior to any consideration of the
matter. The Town Secretary shall keep a file of employee statements of disclosure and
said file shall be a public record of the Town.
SECTION 6.
FINANCIAL DISCLOSURE
(1) No later than March 30th of each year, each Town official shall file a sworn financial
disclosure statement (Annex A) with the Town Secretary reflecting the financial situation
of the Town official as of December 31st of the previous year. Notwithstanding any other
term or provision of this Article, as used in this section:
(a) the term “family member” shall include only the Town official, and the spouse
and the minor children of the Town official;
(b) the term “substantial interest” shall include only the interests of the Town
official, the spouse and minor children of the Town official; and
(c) the annual financial disclosure statement shall not include the assets or
property of any person other than those of the Town official, the spouse and
minor children of the Town official.
(2) A newly employed or appointed Town official shall file a sworn financial disclosure
statement with the Town Secretary within thirty (30) days from the date the position with
the Town is assumed. Said statement shall reflect the financial situation as of date of
employment or appointment and for the previous twelve (12) months, provided, however,
such Town official shall not be required to include in such statement the requirements of
paragraphs (4) (f), (g), and (h) of this section.
(3) Each candidate shall file a sworn financial disclosure statement with the Town
Secretary within fifteen (15) days of filing for office, reflecting the financial situation of the
candidate as of December 31st of the year previous to the election date.
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(4) Each person required to file a financial disclosure statement shall do so on a form
supplied by the Town which shall include the following information:
(a) The person’s name, residence address, business address, telephone
number, name of all family members and all names under which the person or
family member does business.
(b) Identification by street address, and legal description of all real property
located within the Town or its extraterritorial jurisdiction in which the person has a
substantial interest.
(c) Identification of each business entity owning property or doing business within
the Town or its extraterritorial jurisdiction in which the person has a substantial
interest.
(d) Identification of each person or business entity, other than a bank, credit
union, or a savings and loan association, to whom the person or family member
owed a debt of ten thousand dollars ($10,000) or more during the reporting
period, but not including debts owed to persons related within the second degree
of consanguinity or affinity, or revolving charge accounts, and excluding loans
from a political campaign which were reported as required by law; if repaid during
the reporting period the date of repayment shall be stated.
(e) Identification of each source of income amounting to ten (10) percent or more
of the person’s or family member’s gross annual income as defined by the United
States Internal Revenue Code.
(f) Identification of the donor of each gift of more than one hundred fifty dollars
($150.00) in value received by the person or family member, including the value
of the gift, where such donor has appeared before and requested action of the
Town Council during the reporting period.
(g) Identification of the donor of two or more gifts of an accumulated value of six
hundred dollars ($600.00) or more received by the person or family member,
where such donor has appeared before and requested action of the Town
Council during the reporting period.
(h) Identification of all individuals or business entities that:
(i) he or a business entity in which he has a substantial interest has had
business dealings involving one or more transactions of five hundred
dollars ($500.00) or more each, for a total of twenty-five hundred dollars
($2,500) or more, and
(ii) have appeared before and requested action of the Town Council
during the reporting period.
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(5) The Town Secretary shall maintain all financial disclosure statements required to be
filed herein as public records and retain them for a period of three (3) years after which
statements shall be returned to the person filing them or be destroyed.
(6) A Town official, appointee, or employee shall immediately and publicly identify either
verbally on the record or in writing, all individuals or business entities that:
(a) he or a business entity in which he has a substantial interest or has had
business dealings involving one or more transactions of five hundred dollars
($500.00) or more each, for a total of twenty-five hundred dollars ($2,500) or
more within the immediately preceding twelve (12) month period, and
(b) appeared before and requested some action of the Town Council, board or
commission of which such reporting person is an advisor or member.
(7) Within thirty (30) days of being appointed to the Planning and Zoning Commission
and on each anniversary of that date, each member of such Commission shall file with
the Town Secretary a sworn statement identifying by street address and legal
description all real property located within the Town or its extraterritorial jurisdiction in
which the member has a substantial interest.
SECTION 7.
ETHICS REVIEW COMMISSION
(1) An Ethics Review Commission (Commission) is hereby established to be composed
of seven (7) members, all of whom shall reside in the Town.
(2) Each Commission member shall be appointed by the Town Council and shall occupy
a position on the Commission, such positions being numbered 1 through 7.
(3) The Commission members shall be appointed to three year staggered terms.
Positions 1 and 2 shall serve an implementation term which shall expire on September
30 of 2011. Positions 3 and 4 shall serve an implementation term which shall expire on
September 30 of 2012. Positions 5, 6, and 7 shall serve an implementation term which
shall expire on September 30 of 2013. After each such implementation term expires, the
term of office for each position shall be three years. No member shall serve for more
than two (2) consecutive full terms. Implementation terms shall not be counted as full
terms.
(4) All vacancies shall be filled for the unexpired term. A member shall hold office until
his successor has been appointed by the Town Council and shall continue to hold office
after his successor has been appointed by the Town Council for the limited purpose of
the disposition of all complaints filed during that member's term. No member may
participate in a decision regarding a complaint initiated prior to the expiration of the
previous member’s term, but new members shall assume the duties of office with
respect to all complainants initiated after the previous member's term.
(5) The Commission shall elect a chairman and a vice-chairman to one (1) year terms.
The vice-chairman shall act as chairman in the absence of the chairman.
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(6) Four (4) or more members of the Commission shall constitute a quorum, but no
action of the Commission shall be of any force or effect unless it is adopted by the
favorable vote of four (4) or more members.
(7) The Commission shall meet at least once a year to review this article and may make
recommendations to the Town Council for amendments hereto.
(8) The Commission shall render advisory opinions on potential conflicts of interest or
violation of this article at the request of a Town official, member of a Town board or
commission, or employee subject to the terms of this article. Such advisory opinion shall
be rendered within a reasonable time, but in no event later than thirty (30) days after a
request is received by the Commission.
(9) It shall be a defense to an alleged violation of this article that the person accused
previously requested an advisory opinion of the Commission and acted on such opinion
in good faith, unless material facts were omitted or misstated by the person requesting
the opinion. Such advisory opinion shall also be binding on the Commission in any
subsequent charges concerning the person requesting the opinion.
(10) Independent legal counsel shall be utilized to advise the Commission and
participate in hearings. The Town Council shall annually designate and retain
independent counsel who shall be a duly licensed attorney in the State of Texas.
(11) The Commission shall have jurisdiction to review and make findings concerning any
alleged violation of this article by any person subject to those provisions, if a complaint is
filed within one year after the date of the alleged violation. The Commission may not
consider any alleged violation that occurred before July 1, 2010 or more than one year
before the date of the filing of a complaint.
SECTION 8.
DISPOSITION OF ALLEGED VIOLATIONS
(1) A sworn complaint based on personal knowledge alleging a violation (s) of this article
shall specify the provision (s) of this article alleged to have been violated, and shall
name the Town official, candidate, appointee, or employee being charged.
THE STATE OF TEXAS:
COUNTY OF DENTON:
TO: THE ETHICS REVIEW COMMISSION
OF THE TOWN OF TROPHY CLUB, TEXAS:
COMES NOW (complainant), and makes this complaint, UPON HIS/HER PERSONAL
KNOWLEDGE AND UNDER OATH against (name of person complained against), and
would show the Commission that: On or about the _______ day of ________________,
___,(insert date of the action, or omission, complained of)
_____________________________________________, (name of person complained
against) a/an (insert appropriate designation; Town official, candidate, appointee,
employee, board or commission member) of the Town of Trophy Club, Texas, violated
the following provision(s) of Code of Ethics and Conduct Ordinance, Town of Trophy
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Town Council 52 of 180 Meeting Date: November 15, 2010
Club, Texas, to wit: (Specify by Section, Subsection and Paragraph number the
provision(s) alleged violated.) by committing the following act, or omission, to wit:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
(Describe above, the action, or omission, alleged to violate each Code provision cited.
You may attach additional pages if more space is required.)
(2) Upon the aforesaid sworn complaint of any person being filed with the Town
Secretary’s office, or on its own initiative, the Commission shall consider possible
violations of this article by Town officials, candidates, appointees and employees. A
complaint shall not be deemed to be filed on the initiative of the Commission save and
except the complaint be signed and sworn to by two (2) members of the Commission,
one of which is the Chairman of the Commission, after consultation with the legal
counsel of the Commission. A complaint filed by an individual member of the
Commission shall be deemed to have been filed in the Commission member’s
capacity as a private citizen and, in such event, the member of the Commission filing the
complaint shall not thereafter participate in a Commission meeting at which such
complaint is considered save and except that the Commissioner filing the complaint may
participate as a complainant at such meeting.
(3) A complaint alleging a violation of this article must be filed with the Town Secretary
within one (1) year from the commission of the action alleged as a violation, and not
afterward.
(4) The Town Secretary shall, in writing, advise the person filing the complaint that
falsely accusing someone of a violation of this article may result in criminal prosecution
of anyone who knowingly makes a false accusation. The Town Secretary shall, in
writing, advise the person charged in the complaint that falsely responding to a
complaint may result in criminal prosecution of anyone who knowingly makes a false
response.
(5) Not later than three (3) working days after the Town Secretary receives a sworn
complaint, the Town Secretary shall acknowledge the receipt of the complaint to the
complainant, and provide a copy of the complaint to the Town Attorney, the independent
counsel, the Commission and the person complained against. Not later than ten (10)
working days after receipt of a complaint, the Commission shall notify in writing the
person who made the complaint and the person complained against of a date for a
preliminary hearing. If the Commission does not hold a preliminary hearing within twenty
(20) working days of receipt of the complaint, it shall notify the person who made the
complaint of the reasons for the delay and shall subsequently give him the appropriate
notification.
(6) The Commission may consider possible violations of this article on its own initiative.
Within seven (7) days of the Commission’s decision to consider a possible violation of
this article, the Commission shall draft a written complaint specifying the provision(s) of
this article alleged to have been violated and shall file a copy with the Town Secretary,
and provide a copy to the Town Attorney, the independent counsel, and the person
complained against. Not later than fifteen (15) days after the drafting of the complaint,
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Town Council 53 of 180 Meeting Date: November 15, 2010
the Commission shall notify in writing the person complained against of the date for the
preliminary hearing.
(7) After a complaint has been filed and during the pendency of a complaint before the
Commission, a member of the Commission may not communicate directly or indirectly
with any party or person about any issue of fact or law regarding the complaint, except at
a meeting of the Commission; provided that a member may consult with the attorney or
the staff liaison for the Commission as to process, procedure and legal issues.
(8) No Town official, appointee, or employee shall reveal information relating to the filing
or processing of a complaint, except as required for the performance of official duties or
as required by law. Ex parte communications by or to members of the Commission are
prohibited. All papers and communications relating to a complaint must be treated as
confidential unless required to be made public under the Public Information Act of the
Texas Government Code or other applicable law.
(9) As soon as reasonably possible, but in no event more than sixty (60) days after
receiving a complaint, the Commission shall conduct a preliminary hearing.
(a) The issue at a preliminary hearing shall be the existence of reasonable
grounds to believe that a violation of this article has occurred. The person filing a
complaint, or the independent counsel in cases considered upon the
Commission’s own initiative, shall state the alleged violation and shall describe in
narrative form the testimony and other evidence which would be presented to
prove the alleged violation as stated in the written complaint. Statements at a
preliminary hearing shall be under oath, but there shall be no cross examination
or requests for persons or evidence issued for the hearing. Members of the
Commission may question the complainant, the independent counsel for the
Commission, or the Town official, appointee or employee named in the
complaint.
(b) The Town official, appointee or employee named in the complaint shall have
the opportunity to respond, but is not required to attend or make any statement.
The Town official, appointee or employee may describe in narrative form the
testimony and other evidence which would be presented to disprove the alleged
violation. If the Town official, appointee or employee agrees that a violation has
occurred, he may so state and the Commission may consider the appropriate
sanction.
(c) The complainant and the Town official, appointee or employee named in the
complaint shall have the right of representation by counsel.
(d) At the conclusion of the preliminary hearing, the Commission shall decide
whether a final hearing should be held; provided the Commission may proceed to
determine the appropriate sanction if the charged Town official, appointee, or
employee does not object and admits the charged violation, and the Commission
determines that there are no fact issues to be resolved. If the Commission
determines that there are reasonable grounds to believe that a violation of this
article has occurred, it shall schedule a final hearing. If the Commission does not
determine that there are reasonable grounds to believe that a violation of this
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Town Council 54 of 180 Meeting Date: November 15, 2010
article has occurred, the complaint shall be automatically dismissed. A decision
to conduct a final hearing is not a finding that a violation has occurred.
(e) The Commission, at any time during the preliminary hearing, may also
dismiss a complaint if the complaint does not allege conduct which would be a
violation of this article. Before a complaint is dismissed for failure to allege a
violation, the complainant shall be permitted one opportunity, within ten (10) days
of such preliminary hearing, to revise and resubmit the complaint.
(f) The complainant, the independent counsel, and the Town official, appointee or
employee named in the complaint may ask the Commission at a preliminary
hearing to request certain persons and evidence for a final hearing, if one is
scheduled.
(10) Final Hearing
(a) The final hearing shall be held as expeditiously as possible following the
determination by the Commission that there are reasonable grounds to believe
that a violation of this article has occurred, but in no event shall it be held more
than thirty (30) days after said determination. The Commission may grant two (2)
postponements, not to exceed fifteen (15) days each, upon the request of the
Town official, appointee or employee named in the complaint.
(b) The issue at a final hearing shall be whether a violation of this article has
occurred. The Commission shall make its determination based on clear and
convincing evidence in the record. All witnesses shall make their statements
under oath. If the Commission determines that a violation has occurred, it shall
state its findings in writing, shall identify the particular provision(s) of this article
which have been violated, and within five (5) working days shall deliver a copy of
the findings to the complainant, if any, the person named in the complaint and
the Town Secretary.
(c) If a complaint proceeds to a final hearing, the Commission may request and
subpoena witnesses to attend and testify, administer oaths and affirmations, take
evidence and request the production of books, papers, records, or other
evidence needed for the performance of the Commission's duties or exercise of
its powers, including its duties and powers of investigation. It shall be a violation
of this article for a person to fail to appear and testify before the Commission in
response to a request made in writing ten days or more prior to the scheduled
time and date of the notice or request to appear.
(11) Sanctions
(a) If the Commission determines that a violation of this article has occurred, it
shall proceed directly to determination of the appropriate sanction(s). A violation
of this article shall not be subject to criminal penalties under the Town Code,
except for the two instances specifically provided for in this article Section 8
(10)(c) and Section 11. The Commission may receive additional testimony or
statements before considering sanctions, but is not required to do so. If the Town
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official, appointee or employee named in the complaint acted in reliance upon a
written opinion of the Town Attorney, the Commission shall consider that fact.
(b) If the Commission determines that a violation of this article has occurred, it
shall take the following actions:
(1) If the complaint involved a current employee under the jurisdiction of
the Town Manager, the matter will be referred to the Town Manager.
(2) If the complaint involved the Town Manager, Town Attorney, Town
Secretary, or a Judge of the Municipal Court, the matter will be referred to
the Town Council.
(3) If the complaint involved a Town Council member, a board or
commission member, an appointee, a former Town official, or a former
Town employee, the matter will be referred to the Town Council.
(c) When referring a matter under Subsection (b), the Commission may impose
or recommend the following sanctions:
(1) Letter of notification. A letter of notification may be recommended
when the commission finds that a violation of this article was clearly
unintentional or when the action or conduct found to have been a violation
of this article was performed by the Town official, appointee, or employee
in reliance on a public written opinion of the Town Attorney. A letter of
notification must advise the Town official, appointee, or employee to
whom the letter is directed of any steps to be taken to avoid future
violations.
(2) Letter of admonition. A letter of admonition may be recommended
when the commission finds that the violation of this article was minor
and/or may have been unintentional, but where the circumstances call for
a more substantial response than a letter of notification.
(3) Reprimand. A reprimand may be recommended when the commission
finds that a violation of this article was committed intentionally or through
disregard of this article. A reprimand directed to an employee shall be
included in said employee’s personnel file. The Town Manager may also
elect to discipline the employee in accordance with Town personnel rules
and procedures. A letter of reprimand directed to an elected Town official
shall also be transmitted to the Town Secretary and published in the
official newspaper of the Town.
(4) Removal or suspension from employment. A recommendation of
removal from employment or a recommendation of suspension from
employment, as well as a recommendation for length of suspension, shall
be the appropriate sanction when the Commission finds that a serious or
repeated violation(s) of this article has been committed intentionally or
through culpable disregard of this article by Town employees. The final
authority to carry out such recommendations to suspend from
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employment and the length of suspension shall be with the Town
Manager. The Town Manager may also elect to discipline the employee
in accordance with Town personnel rules and procedures.
(5) Censure, recall or removal from office or appointment. A letter of
censure, a recommendation of recall, or a recommendation to institute
proceedings for removal from office or appointment, shall be the
appropriate sanction when the Commission finds that a serious or
repeated violation(s) of this article has been committed intentionally or
through culpable disregard of this article by an elected Town official. A
letter of censure, a recommendation of recall, or a recommendation to
institute proceedings for removal from office, directed to an elected Town
official shall also be transmitted to the Town Secretary and published in
the official newspaper of the Town. The Town Council and citizens of the
Town may take actions in accordance with the Town Charter. Any
proceedings for removal from office shall be in compliance with provisions
of the Town Charter and State law.
(12) Dismissal. If the complaint is dismissed because the evidence failed to establish a
violation of this article, the Commission shall not entertain any other similar complaint
based on substantially the same evidence.
SECTION 9.
PETITION FOR DECLARATORY RULING.
Any Town official or employee against whom public allegations of ethics violations have
been made in the media or elsewhere has the right to file a sworn statement with the
Town Secretary affirming their innocence, and to request the Commission to review the
allegations and make known its findings.
SECTION 10.
CULPABLE MENTAL STATE.
To commit a violation under any provision of this article, a person must have acted or
failed to act knowingly or with knowledge.
SECTION 11.
FALSE COMPLAINTS
In the event a complaint is received by the Commission that is subsequently found to be
baseless, and the Commission deems that the complaint was filed with the intent to:
(a) harass the person named in the complaint; or
(b) damage any person's reputation; or
(c) benefit the person filing the complaint, or a third party, either personally,
professionally or politically; or
(d) damage a related third party;
the Commission may recommend the Town Attorney cause a complaint to be filed
against such person in the municipal court or, as appropriate, a higher court of this state;
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the Town Council or Town Manager, as appropriate, may take disciplinary action(s)
against the individual who filed the complaint, including but not limited to disciplinary
action if such complainant is a Town employee or appointed officer or official of the
Town; and/or the filing of a civil action to recover the costs, fees, charges and expenses
incurred by the Town and person named in the complaint with respect to such complaint.
The Commission may also recommend other action(s) that should be taken.
SECTION 12.
PENALTIES
(1) Any person who shall violate Section 8 (10) (c) or Section 11 of this article shall be
deemed guilty of an offense and shall be liable for a fine not to exceed the sum of
$500.00. Each day the violation exists shall constitute a separate offense. Such penalty
shall be in addition to all the other remedies provided herein.
(2) Any person who knowingly files a false sworn statement under this article is subject
to criminal prosecution for perjury under the laws of the State of Texas.
SECTION 13.
CODE OF ORDINANCES.
The Code of Ordinances of the Town is hereby amended to include the terms
and provisions of this Ordinance. All ordinances, parts of ordinances and the Code of
Ordinances in conflict herewith are hereby amended to the extent of such conflict only.
If a provision of this Ordinance and any other ordinance shall conflict, the terms of this
Ordinance shall govern and control and the other ordinance or Code provision shall be
read and construed in a manner consistent with the intent and provisions of this
Ordinance.
SECTION 14.
SEVERABILITY.
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or its application to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance; and the Town Council hereby
declares it would have passed such remaining portions of the Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 15.
EFFECTIVE DATE.
This Ordinance shall take effect immediately from and after its passage and
publication in accordance with the provisions of the Texas Local Government Code, and
it is accordingly so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this XXX day of XXXXXX, 2010.
Mayor, Connie White
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Town Council 58 of 180 Meeting Date: November 15, 2010
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TOWN OF TROPHY CLUB
FINANCIAL DISCLOSURE STATEMENT
(Code of Ethics and Conduct Ordinance 2010 -___ Annex A)
[For the year ending ________ ___, 20 _____]
Town Officials are required to complete this statement no later than March 30th of each year. This
statement is required by the Code of Ethics and Conduct Ordinance of the Town of Trophy Club.
Please refer to the Ordinance for specific requirements and the definition of terms. Where additional
space is required, please attach separate pages. Please fill in all items. If a requested item does not
apply, please write "N/A".
The Town Secretary shall maintain all financial disclosure statements required to be filed as public
records and retain them for a period of three (3) years after which statements shall be returned to the
person filing them or be destroyed.
Name: _______________________________________ Telephone number: ________________
Residence address: Business address:
____________________________________ _______________________________________
____________________________________ _______________________________________
Name(s) of Town official’s spouse and minor children:
______________________________________________________________________
All names under which the Town official, spouse and minor children of the Town official do business:
______________________________________________________________________
A. Identify by street address, and legal description all real property located within the Town or its
extraterritorial jurisdiction in which the person filing has a substantial interest.
B. Identify each business entity owning property or doing business within the Town or its
extraterritorial jurisdiction in which the person filing has a substantial interest.
C. Identify each person or business entity, other than a bank, credit union, or a savings and loan
association, to whom the person filing or family member owed a debt of ten thousand dollars
($10,000) or more during the reporting period. If the debt is repaid during the reporting period the
Town Council 59 of 180 Meeting Date: November 15, 2010
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date of repayment shall be stated. Do not including debts owed to persons related within the second
degree of consanguinity or affinity, revolving charge accounts, or loans from a political campaign
which were reported as required by law. Do not state the amount of debts.
D. Identify each source of income amounting to ten (10) percent or more of the person filing or family
member’s gross annual income as defined by the United States Internal Revenue Code. Do not state
the amounts of income.
E. Identify the donor of each gift of more than one hundred fifty dollars ($150.00) in value received by
the person filing or family member, including the value of the gift, where such donor has appeared
before and requested action of the Town Council during the reporting period. Do not include
campaign contributions reported as required by State law.
F. Identify the donor of two or more gifts of an accumulated value of six hundred dollars ($600.00) or
more received by the person filing or family member, where such donor has appeared before and
requested action of the Town Council during the reporting period. Do not include campaign
contributions reported as required by State law.
G. Identify all individuals or business entities that: (1) the person filing or a business entity in which
he has a substantial interest has had business dealings involving one or more transactions of five
hundred dollars ($500.00) or more each, for a total of twenty-five hundred dollars ($2,500) or more,
and (2) have appeared before and requested action of the Town Council during the reporting period.
By: _______________________________________________________ Signature
Name: _____________________________________________________Type or Print
STATE OF TEXAS §
COUNTY OF DENTON §
BEFORE ME, the undersigned Notary Public, on this day personally appeared __________, as
affiant, known to me, and after being duly sworn by me, stated on his/her oath that the foregoing and
annexed Financial Disclosure Statement is within the knowledge of affiant and is true and correct.
Notary Public-State of Texas
Town Council 60 of 180 Meeting Date: November 15, 2010
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2010-XX
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE TOWN OF TROPHY
CLUB BY ADDING ARTICLE XVI ENTITLED “ETHICS” TO CHAPTER 1
ENTITLED “ADMINISTRATION” OF THE CODE OF ORDINANCES;
PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING
FOR AN AMENDMENT ADOPTING APPLICABLE CONFLICT OF
INTEREST PROVISIONS IN TEXAS STATE LAW; ESTABLISHING AN
ETHICS COMMISSION AND A COMPLAINT PROCESS; PROVIDING A
CUMULATIVE REPEALER CLAUSE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas is a home rule city acting under its
charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, statutory provisions governing the ethical conduct of public officials
and employees are found in various codes including the Texas Local Government
Code, Texas Government Code and the Texas Penal Code; and
WHEREAS, the conduct of the public business should be accomplished by Town
officials that have no personal financial interest in such business clearly separate from
that of the general public;
WHEREAS, Section 11.14 of the Town Charter requires the adoption of a code
of ethics via ordinance that is applicable to elected officers, appointed board,
commission, and committee members, and employees of the Town; and
WHEREAS, Section 11.14 of the Town Charter also requires the establishment
by ordinance of an independent Ethics Commission to administer and enforce the Code
of Ethics and Conduct ordinance and mandates certain requirements for service on the
Ethics Commission; and
WHEREAS, a reasonable ethics ordinance will provide a basis for continuing
public confidence in the conduct of the business and affairs of the Town; and
WHEREAS, based upon the Town’s history and experience, Council has
determined that a reasonable ethics ordinance is one that is consistent with the legal
requirements set forth by the Texas legislature for municipalities with the same or
similar population number as the Town of Trophy Club and that applies equally to public
officials, appointees, and employees.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
Section 1.
Incorporation Of Premises
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
Section 2.
Amendment – Adoption Of Article XVI Of Chapter 1
2.01 Article XVI entitled “Ethics” of Chapter 1, entitled “Administration” of the Code of
Ordinances of the Town of Trophy Club is hereby adopted and shall read in its entirety
as follows:
Town Council 61 of 180 Meeting Date: November 15, 2010
“SECTION 16.01. POLICY – APPLICABILITY.
It is the policy of the Town that the proper operation of democratic
government requires that Town officials be independent, impartial and
responsible to the people; that governmental decisions and policy be made in
proper channels of the governmental structure; that no officer or member of
any advisory board, commission or committee should have any interest,
financial or otherwise, direct or indirect, or engage in any business, transaction
or professional activity or incur any obligation of any nature which is in conflict
with the proper discharge of his or her duties in the public interest; that the
public have confidence in the integrity of its government.
The provisions of this Article shall not apply to political contributions,
loans, expenditures, reports or regulation of political campaigns, or the
conduct of candidates in such campaigns, except as expressly required by
state law.
SECTION 16.02. DEFINITIONS.
The following words, terms and phrases, when used in this Ordinance,
shall have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning.
A. Employee. All persons employed by the Town of Trophy Club, including
full time, part time, seasonal and temporary employees.
B. Town Official or Officer. The Mayor, each member of the Town Council,
the Town Manager, Town Secretary, the Town Attorney and each member of a
Town Board, Commission, Committee, or Advisory Group appointed by the
Council.
SECTION 16.03. CONFLICT OF INTEREST AND ETHICS
Town Officials and Employees shall abide by the conflict of interest and
ethics provisions of the laws of the State of Texas regulating home rule
municipalities that are of same or similar population number as the Town of
Trophy Club.
SECTION 16.04. ETHICS COMMISSION ESTABLISHED.
A. Commission Established. There is hereby established an Ethics
Commission to administer and enforce the Code of Ethics and Conduct
Ordinance codified in this Article. Commission members shall be registered
voters who are residents of the Town of Trophy Club. No member of the
Commission may hold elective or appointed office under the Town or any other
government or hold any political party office. Commission members shall be
appointed by majority vote of the Town Council, and serve at the pleasure of
the Council, and may be removed by a majority vote of the Town Council.
B. Number and Term of Office. The Commission shall consist of ___
(___) members and ___ (___) alternates who shall serve a one (1) year term
each and ___ members and ___ (___) alternates who shall serve two (2) year
terms each.
SECTION 16.05. COMPLAINT PROCESS.
A. Original Complaints. The Commission shall have the authority to hear
written complaints alleging violations of any and all state conflict of interest and
ethics laws as identified in Section 16.03 of this Article.
B. Charges. In order to be considered, a complaint shall be submitted to the
Town Secretary in writing and shall be sworn to by the person filing the
Town Council 62 of 180 Meeting Date: November 15, 2010
complaint. A sworn complaint shall be based on the personal knowledge of
the affiant alleging a violation(s) of this Article and shall specify the provision(s)
of state law applicable under Section 16.03 alleged to have been violated, and
shall name the Town Official or Employee being charged.
C. Complaints Timely. A complaint alleging a violation of this Article must be
filed with the Town Secretary within six (6) months from the date of the act
alleged as a violation in order to be considered by the Commission.
Complaints not filed within such six (6) month period shall not be considered.
D. Due Process. The Ethics Commission shall comply with all requirements
of the Texas Open Meetings Act, including without limitation, posting and
notice requirements. A person against whom a complaint is filed shall be
afforded due process, including hearing and at least fourteen (14) days prior
written notice of any proceeding conducted by the Ethics Commission. The
person who is the subject of a complaint shall be notified in writing within five
(5) business days of the filing of a complaint with the Town Secretary.”
Section 3.
Cumulative Repealer
The Code of Ordinances of the Town is hereby amended to include the terms
and provisions of this Ordinance by adding Article XVI entitled “Ethics” to the existing
Chapter 1, entitled “Administration” of the Code of Ordinances of the Town of Trophy
Club. This Ordinance shall be cumulative of all other Ordinances of the Town affecting
ethics and conflict of interest and shall not repeal any of the provisions of such
Ordinances except in those instances where provisions of those Ordinances are in
direct conflict with the provisions of this Ordinance; whether such Ordinances are
codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy
Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall
remain in full force and effect. Notwithstanding the foregoing, any complaint, action,
cause of action or claim which prior to the effective date of this Ordinance has been
initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to
be governed by the provisions of that Ordinance and for that purpose the Ordinance
shall be deemed to remain and continue in full force and effect.
Section 4.
Severability
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or its application to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance; and the Town Council hereby
declares it would have passed such remaining portions of the Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
Section 5.
Engrossment and Enrollment
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance by copying the exact Caption and Effective Date clause in the
minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in
the Ordinance records of the Town and by amending the Code of Ordinances to reflect
the changes adopted herein by Council.
Town Council 63 of 180 Meeting Date: November 15, 2010
Ordinance 2010-XX
(File ID 2010-571)
4
Section 6.
Effective Date
This Ordinance shall take effect immediately from and after its passage and publication
in accordance with the provisions of the Texas Local Government Code, and it is
accordingly so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this 18th day of October 2010.
_______________________________
Mayor Connie White
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Shannon DePrater, Interim Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_________________________________________
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
Town Council 64 of 180 Meeting Date: November 15, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-619-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/11/2010 Town Council
On agenda:Final action:11/15/2010
Title:Discussion of other agenda items posted for consideration on the Regular Session Council Agenda
for November 15, 2010.
Attachments:
Action ByDate Action ResultVer.
Town Council 65 of 180 Meeting Date: November 15, 2010
File #: 2010-619-T, Version: 1
Title
Discussion of other agenda items posted for consideration on the Regular Session Council Agenda for November 15,
2010.
Town Council 66 of 180 Meeting Date: November 15, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-618-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/8/2010 Town Council
On agenda:Final action:11/15/2010
Title:Mayor White to introduce new Town Manager Mike Slye.
Attachments:
Action ByDate Action ResultVer.
Town Council 67 of 180 Meeting Date: November 15, 2010
File #: 2010-618-T, Version: 1
Title
Mayor White to introduce new Town Manager Mike Slye.
Body
Goal #6: A vibrant, inclusive community with involved, caring residents
Provide superior customer services
Foster a well informed community
Promote and support active lifestyle
Develop expanded community involvement opportunities
Expand recreational opportunities for all ages
Town Council 68 of 180 Meeting Date: November 15, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-612-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/8/2010 Town Council
On agenda:Final action:11/15/2010
Title:Presentation of Life Saving Award by Fire Chief Danny Thomas.
Attachments:
Action ByDate Action ResultVer.
Town Council 69 of 180 Meeting Date: November 15, 2010
File #: 2010-612-T, Version: 1
Title
Presentation of Life Saving Award by Fire Chief Danny Thomas.
Background
On October 18, 2010 the Trophy Club Fire Department was dispatched to 8 Greenleaf for a possible drowning. Further
information received upon response, stated that the child was pulled from a pool and mom had performed CPR on the
child and he was crying.
Upon arrival we found the child lying in the front yard with mom beside him. The EMS crew was at his side, evaluating
him. I walked up to dad and asked if this was the daughter who pulled him out. He stated that it was. I told her that she
did a wonderful job by saving her brother. I asked her what happened. She stated that she and her sister were playing
basketball in the back yard. She said that he was outside playing and they noticed him missing. She said she looked in
the pool and he was in the deep end. She said she dove in after him and pulled him out. I asked her how long she
thought he was in the water and she stated approximately a minute or so.
The child was evaluated by the EMS Crew and was transported to by Careflight Helicopter to Cook’s Children in Fort
Worth. The child was evaluated and released the following day.
Without the quick response and heroic act of the 10 year old sister and the mother’s ability to perform CPR this situation
could have taken a drastic turn.
Goal #1: Safe and secure community.
Maintain Trophy Club’s Low crime rate
Increase positive visibility through community policing initiatives
Provide superior Emergency Services
Increase citizen involvement
Goal #6: A vibrant, inclusive community with involved, caring residents
Provide superior customer services
Foster a well informed community
Promote and support active lifestyle
Develop expanded community involvement opportunities
Expand recreational opportunities for all ages
Town Council 70 of 180 Meeting Date: November 15, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-514-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:9/20/2010 Town Council
On agenda:Final action:10/18/2010
Title:Consider and take appropriate action regarding the Minutes dated September 13, 2010.
Attachments:September 13, 2010 Minutes.pdf
Action ByDate Action ResultVer.
Town Council 71 of 180 Meeting Date: November 15, 2010
File #: 2010-514-T, Version: 1
Title
Consider and take appropriate action regarding the Minutes dated September 13, 2010.
Body
Goal #6: A vibrant, inclusive community with involved, caring residents
Provide superior customer services
Foster a well informed community
Promote and support active lifestyle
Develop expanded community involvement opportunities
Expand recreational opportunities for all ages
Town Council 72 of 180 Meeting Date: November 15, 2010
MINUTES FROM BUDGET WORKSHOP/SPECIAL SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, September 13, 2010 6:00 P.M.
Svore Municipal Building Boardroom
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Budget Workshop/Regular
Session on Monday, September 13, 2010. The meeting was held within the boundaries of the
Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Bill Rose Mayor Pro Tem
Glenn Strother Council Member
Larry Hoover Council Member
Margi Cantrell Council Member
JD Stotts Council Member arrived at 7:06 p.m.
STAFF AND GUEST(S) PRESENT:
Stephen Seidel Acting Town Manager
Lisa Hennek Town Secretary
Patricia Adams Town Attorney
Kathy DuBose Finance Director
Scott Kniffen Police Chief
Danny Thomas Fire Chief
Adam Adams Parks Director
Carolyn Huggins Community Development Director
Mike Pastor Information Systems Director
Mayor White announced the date September 13, 2010 call to order and announced a
quorum at 6:05 p.m.
Mayor White announced that Regular Session is estimated to begin at 7:30 p.m. and that
Council member Stotts would be late.
Mayor White confirmed that should the Council wish, they can start the Regular Session at
7:30 p.m. and come back to budget afterwards.
WORK SESSION
1. 2010-457-T Town Council Budget Discussion; discussion of the same.
(Presentation attached)
Finance Director DuBose went over Property, Effective, Rollback, Trophy Club Average home
values and the proposed tax rate. DuBose gave an update regarding the Revenues and
Expenditures year to date and provided estimated changes through the month of August, covered
Park and Recreation Expenses, Compensation, Compensation Increases history and the Capital
Improvements Five Year Program.
Town Council 73 of 180 Meeting Date: November 15, 2010
Council member Cantrell questioned the damage to the roof of the Admin Building. Acting Town
Manager Seidel said that the roof is still good shape and some of the issues have been caused
by the air conditioner.
The Council discussed maintenance of the medians and Parks and Recreations Director Adams
said that the original cost estimate provided by the developer was $9,000 – $11,000.
Acting Town Manager Seidel stated that he spoke to some of the managers about providing the
two extra holidays as personal days. The cost becomes a wash for savings for holidays and
closing of the facilities. Mayor White said issuing as personal day becomes more of an issue to
administer. Council member Cantrell clarified that that the merit was in lieu of the two extra days.
Cantrell supports merit and rewarding the employees who do a great job.
Acting Town Manager Seidel suggested an option to give a 1% merit in April and estimated that a
salary survey would cost approximately $15,000. Mayor Pro Tem Rose would like a certain
amount of money set aside to use for the targeted pay increases once the survey is complete.
Council directed Acting Town Manager Seidel to solicit Requests for Proposals for a salary
survey.
Mayor Pro Tem Rose confirmed that the Council wanted to include the money for the new Town
Manager relocation expenses and Drainage Study. Acting Town Manager Seidel explained that
the phases will be addressed in the RFQ and necessary from a funding standpoint and is set up
to be completed in two phases.
Mayor White asked the Council’s preference for leaving in the $125,000 for the drainage study in
2011-12. Council member Cantrell would first like to see what has been included and what has
not.
Acting Town Manager Seidel stated that there is an unreserved fund balance that could be pulled
down. Staff does not like to do this, but it is in Council’s back pocket. Council member Strother
stated that he would be disappointed if one Council is in favor of an item and then that item is
removed after a new Council is elected. Strother is not in favor of using the fund balance,
however if the study is going to get done it needs to be done in full. Finance Director DuBose
proposed issuing bonds for these two projects.
Mayor White asked how much was included for improved communication. Acting Town Manager
Seidel stated that EDC 4B is working on branding and marketing, the Town’s logo and website
revamping. Mayor White questioned how the Town is communicating with the residents, when
only reaching 10% of the residents. White stated that the newsletter does not need to be
produced monthly and that Council only needs to put money aside for communication. The
specifics can be worked out later. Acting Town Manager Seidel stated that EDC 4B is to decide
how to do the marketing so that the Town does not throw good money away. Previously, the
newsletter cost about $2,000 per month. The Town/MUD has a new enterprise system for
sending out bills and notices electronically and there is a possibility that the newsletters could be
sent out through this enterprise. Mayor White stated that the communication would still be only to
those 10%. Acting Town Manager Seidel stated that we are in paradigm shift; he receives the
Keller Citizen at home but actually reads online. EDC 4B needs to determine what is the best
way to spend $20,000. Mayor White agreed; but still feels that money needs to be put aside in
order to address.
Mayor White suggested the Council set aside $15,000 for Town communication. Council
member Hoover likes the insert in the water bill and confirmed the charge at $200 - $300 per
month. Council member Cantrell stated that the Council needs to consider a newsletter, but
perhaps not on a monthly basis. Cantrell also agreed with Acting Town Manager Seidel about
the paradigm shift. The Council needs to wait until it is determined how to best spend the money.
Town Council 74 of 180 Meeting Date: November 15, 2010
Council member Cantrell, stated that a great deal of time has been spent on expenses, but is
interested in looking at the revenue side as well, specifically at it relates to the area of parks and
rec. Adam Adams stated he had revenue numbers and would bring them back to the Council for
consideration.
Drainage fees were discussed and it was agreed the storm drain fee has not changed from the $3
fee set a number of years ago. Council agreed that perhaps this was another area to consider
helping offset future drainage issues.
Council member Cantrell asked if the Town Manager’s salary was increased to the advertised
rate and if moving expenses were added. Mayor Pro Tem Rose suggested $150,000 for the
salary effective in November or December and $20,000 for moving expenses. Council member
Cantrell requested that the next meeting’s budget reflect the 2% Merit in April and that the
additional days be removed; Council member Hoover agreed.
Acting Town Manager Seidel verified the following as Council’s requests to have adjusted in the
following week’s proposed budget: Town Manager salary in the amount of $150,000 divided by
12 months, minus one month, increase salary by $10,000-20,000 for moving, add money for
drainage study, communications and Merit in April. Council member Cantrell and Mayor Pro Tem
Rose confirmed that the salary line has increased as a result of the Town Secretary, Permit Clerk,
HR Coordinator, Public Safety Administrative Assistant and the IS Department no longer being
split. Acting Town Manager and Finance Director Dubose concurred. Mayor Pro Tem Rose
confirmed that the increase of $80,000 in the salary line resulted because of the shared
employees being assumed 100% by the Town.
REGULAR SESSION
Council reconvened into Regular Session at 7:32 p.m.
INVOCATION was offered by Council member Strother.
PLEDGES were lead by Mayor White.
CITIZEN PRESENTATIONS:
Chris Hill, 3 Cypress Court – Stated that many residents are in favor of the drainage study. Mr.
Hill’s home backs up to creek, but the creek is encroaching on a $32,000 retaining wall.
The Council directed Acting Town Manager Seidel to look at Mr. Hill’s property.
CONSENT AGENDA
Council member Stotts pulled Items 4, 8 and 9.
Council member Cantrell pulled Item 6.
Motion made Council member Strother, seconded by Council member Cantrell to approve the
Consent Agenda, except Items 4, 6, 8 and 9.
Motion passed unanimously without any discussion.
2. 2010-458-T Consider and take appropriate action regarding an Interlocal
Agreement for Participation in Fort Worth's Environmental Collection Center
Household Hazardous Waste Program, designating the Acting Town Manager, or
his designee as the Household Hazardous Waste Collection Coordinator and
designating the Town Manager as the alternate.
Town Council 75 of 180 Meeting Date: November 15, 2010
3. 2010-453-T Consider and take appropriate action regarding an Ordinance repealing
Ordinance No. 2003-20 to change the designation of the Official Newspaper of the
Town, and providing an effective date.
4. 2010-320T Consider and take appropriate action regarding the Minutes dated June
7, 2010.
Council member Stotts corrected Item 2010-206-T Consider and take appropriate action
regarding the creation of a Code of Conduct/Ethics Ordinance and the establishment of an Ethics
Commission. “Stotts agrees with Council member Cantrell in that Section 6 is far too evasive
“invasive” and will discourage people from becoming involved in the Town Government and not
necessary for Town Employees.”
Motion made by Council member Cantrell, seconded by Council member Stotts to approve the
Minutes dated June 7, 2010 as corrected.
5. 2010-368-T Consider and take appropriate action regarding the Minutes dated June
21, 2010.
6. 2010-393-T Consider and take appropriate action regarding the Minutes dated July
19, 2010.
Council member Cantrell corrected Item 2010-374-T Consider and take appropriate action
regarding financial and variance report dated June 2010; discussion of same. “Council member
Stotts questioned the $110,000 $110 for the water tower. Finance Director DuBose explained that
the cost was appropriated out of Highland's developer's fees paid in 2007-2008, set aside in 2008
and designated for future improvements.”
Motion made by Council member Cantrell, seconded by Council member Strother to approve the
Minutes dated July 19, 2010 as amended.
Motion passed unanimously without further discussion.
7. 2010-423-T Consider and take appropriate action regarding the Minutes dated
August 1 & 2, 2010 (Council Retreat).
8. 2010-424-T Consider and take appropriate action regarding the Minutes dated
August 2, 2010.
Council member Stotts corrected Item 2010-392-T Town Council Budget Overview; discussion of
the same, Council member Stotts asked to have the floor. Stotts stated that he did not discuss
this with the Mayor before he was elected; he discussed it after he was elected. “Stotts stated
that before he was elected he visited with Mayor White about an idea. he did not visit with the
Mayor before he was elected. After the election, Stotts and White visited several more times
about this idea And only visited with the Mayor once and then lined up a meeting with Roanoke
Mayor Scooter Gierisch.”
Motion made by Council member Stotts, seconded by Council member Cantrell to approve the
Minutes dated August 2, 2010, as amended.
Motion passed unanimously without further discussion.
9. 2010-444-T Consider and take appropriate action regarding the Minutes dated
August 16, 2010.
Town Council 76 of 180 Meeting Date: November 15, 2010
Council member Stotts corrected Item 2010-435-T Discussion of the City of Roanoke cost
estimates for providing Police Services to the Town. “Council member Stotts said that he wanted
to bring this up to Council in private first, however the Public Information Act prevented him from
doing so. Stotts stated that it is unfortunate that the Council and residents cannot have a civilized
discussion regarding the needs of the Town. The crowd interrupted Council member Stotts and
cancelled his presentation.”
Motion made by Council member Cantrell, seconded by Council member Stotts to approve the
Minutes dated August 16, as amended.
Motion passed unanimously without further discussion.
10. 2010-445-T Consider and take appropriate action regarding the Minutes dated
August 23, 2010.
PUBLIC HEARING
The Public Hearing opened 7:46 p.m.
11. 2010-446-T Town Council to conduct 1st Public Hearing regarding the budget and
proposed tax rate increase for fiscal year October 1, 2010 to September 30, 2011
and Mayor to announce the date, time and place of the vote on the tax rate.
Mayor White stated the following for the record:
On September 27, 2010, the Town Council will hold a Public Meeting to adopt a 2010 tax rate
that will exceed the lower of the rollback rate or the effective tax rate. As required by law, Public
Hearings on a tax increase will be held on September 13, 2010 and September 20, 2010.
No speakers addressed the Council.
The Public Hearing closed at 7:46 p.m.
EXECUTIVE SESSION
12. 2010-454-T Council to convene into executive session pursuant to Texas
Government Code, Annotated, Subchapter 551, Section 551.071 "Consultation with
Attorney" to consult with the Town Attorney on a matter in which the duty of the
attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflict with the Texas
Open Meetings Act:
A. Legal advice regarding the Updated Service and Assessment Plans for the
Trophy Club Public Improvement District #1 and related development matters.
The Town may admit to the closed meeting various agents and representatives
retained by the Town of Trophy Club as experts servicing PID #1. Those agents
and representatives will provide information necessary for the Town Council to
have full and unrestrained communication with its attorneys. The presence of such
agents and representatives is necessary for full communication between the Town
and its attorneys, as allowed by Texas Attorney General Opinions, including
without limitation, Opinion No. JM-238.
TIME ENTERED 7:49 p.m.
Town Council 77 of 180 Meeting Date: November 15, 2010
TIME RECONVENED INTO REGULAR SESSION AT 8:29 p.m.
RECONVENE INTO REGULAR SESSION
13. 2010-456-T Consider and take appropriate action regarding the Executive Session.
No action taken.
14. 2010-438-T Consider and take appropriate action regarding the approval of a Final
Plat for Neighborhood 8, Phase 1 (20.175 acres) located in The Highlands at Trophy
Club at the northeast corner of Trophy Club Drive and Trophy Park Drive.
Applicant: Jacobs on behalf of Lennar Homes of Texas. (FP-10-032)
A. Subdivider's Agreement. Consider and take appropriate action regarding
approval of a Subdivider's Agreement for Neighborhood 8, Phase 1 of The
Highlands at Trophy Club, between the Town and Lennar Homes of Texas.
Mayor White stated that this property is currently vacant. A preliminary plat was approved for The
Highlands at Trophy Club Neighborhood 8 on May 17, 2010. The zoning of PD-27 was approved
by the Town Council on May 8, 2006, Ordinance No. 2006-11 P&Z, and amended and replaced in
its entirety on April 2, 2007 by Ordinance No. 2007-15 P&Z, and has had several amendments
since that time.
Mayor Pro Tem Rose clarified that this is a required item and the trail will be accomplished with
the second phase of the development. Community Development Director Huggins advised that
the developer and the Parks Department will make sure that it is ADA compliant. Council
member Cantrell confirmed that the HOA will take control.
Motion made by Mayor Pro Tem Rose, seconded by Council member Hoover, to approve of a
Final Plat for Neighborhood 8, Phase 1 (20.175 acres) located in The Highlands at Trophy Club at
the northeast corner of Trophy Club Drive and Trophy Park Drive. Applicant: Jacobs on behalf of
Lennar Homes of Texas. (FP-10-032).
Mayor Pro Tem Rose amended the motion to include approval the Subdivider's Agreement.
Consider and take appropriate action regarding approval of a Subdivider's Agreement for
Neighborhood 8, Phase 1 of The Highlands at Trophy Club, between the Town and Lennar
Homes of Texas. The second agreed.
Motion passed unanimously without further discussion.
15. 2010-439-T Consider and take appropriate action regarding approval of a Final Plat
for Waters Edge at Hogan's Glen, Phase 2A (13.616 acres) located in Planned
Development No. 22 (PD-22). Applicant: Jacobs on behalf of BDMR Development,
LLC (FP-09-029)
A. Subdivider's Agreement. Consider and take appropriate action regarding
approval of a Subdivider's Agreement between the Town and BDMR
Development, LLC, for Water's Edge at Hogan's Glen located in PD-22.
Mark Carr - 8 Katie Lane – Asked that Council delay the vote on this for a few weeks until it was
ironed out. Mr. Carr owns a lot just south of the area being platted and claimed that the retaining
wall that the applicant plans to build with this plat will impact his lot by placing more water on the
lot he owns.
Mayor White confirmed that the retaining wall has not yet been designed or approved yet. White
wants to be really sure that more issues will not be created by this.
Town Council 78 of 180 Meeting Date: November 15, 2010
Jim Wiegert from Jacobs Engineering explained the process for development and for developing
along a FEMA flood plain. The existing FEMA study was obtained, the land surveyed, and there
was a series of assimilations for the proposed sections for cut and fail. The affect is that the
elevation is not being raised and there is a slight drop along this area.
Council member Cantrell asked who is responsible if the wall fails down the road. Mr. Wiegert
confirmed that part of the wall of the road/infrastructure is privately owned by the HOA. Grading
is performed by each developer. Wiegert understands Council not wanting to remove all of the
trees; however, this could result in a drainage issue. Wiegert stated that the builder will have to
adhere to the building inspections and permitting.
Mayor White would like for information and time to understand the drainage issues as she has
serious concerns. White asked if it would hurt if the Council held this off for a bit. Steve Lenart
stated that the licensed engineer and the Town’s Engineer have all given the necessary
approvals and meet the requirements of the plat. Lenart stated that they can wait a couple of
weeks but that is all as they have to answer to the developer.
Steve Lenart stated that he is happy to set up a meeting with the Town’s Engineer.
Council member Cantrell realizes that the Council is not going to make everyone happy and
concurs that there needs to be a few meetings to see whether an agreement can be made that
will satisfy many. Staff confirmed that Mr. Carr does not have an engineer, but rather a surveyor.
Acting Town Manager Seidel asked if there were any additional concerns that the applicant and
engineer need to address prior to bringing back to the Council. Mayor White stated that this is
purely a drainage issue and concern. The Council needs to spend time going through it to have a
better comfort level. The Council needs more education on the flood plain. Seidel stated that
from a platting perspective, Mr. Wiegert needs to know what Council’s specific questions are so
that when this item comes back, Wiegert can answer all of the Council’s questions.
Nick Sanders, 7 Hayes Court – As a resident, he appreciates the Council’s concern over this
issue, but spoke in favor of approval. Sanders recognized that Mr. Carr has not gotten all of his
answers, but should be comfortable with the technical data. There are multiple professionals and
registered engineers who have reviewed this and will stake their license on this.
Town Engineer Tom Rutledge stated that the Town has certified flood plain managers, who deal
with creeks and flood plans, and master creek plans. These professionals have reviewed the
data submitted by Jacobs and the fail safe is when you get to FEMA. It usually takes six to nine
months to get comments back from FEMA as they are very strict and critical. Rutledge thinks that
there is a difference in the mythology of what was developed by Mr. Carr and the Town’s
professional staff. Rutledge pulled up the GIS from Denton County and it shows the flood plain
on the Carr property, however a surveyor did provide certification as such. The item being
presented tonight has met the test and there is no reason or cause doubt with what has been
presented.
Council member Strother understands the concern with the retaining wall but is comfortable
moving forward.
Motion made by Council member Strother, seconded by Council member Stotts to approve of a
Final Plat for Neighborhood 8, Phase 1 (20.175 acres) located in The Highlands at Trophy Club at
the northeast corner of Trophy Club Drive and Trophy Park Drive.
Mayor White recognized that there are still items open to be resolved and that a meeting with Mr.
Carr needs to happen. The final design is not approved yet and will come back to Council so they
get one more look at this. Community Development Directors Huggins asked that Council not
approve the Subdivider’s agreement tonight as staff will bring this back at a later time.
Town Council 79 of 180 Meeting Date: November 15, 2010
Council member Cantrell confirmed that if the motion to approve did not pass, the developer
would have to start the whole process over in a replat. Cantrell confirmed that a postponement
was better than a denial.
Council member Strother withdrew his motion; Council member Stotts withdrew his second.
Motion made by Council member Cantrell, seconded by Council member Strother to refer to the
September 27, 2010 meeting. Cantrell encouraged people to ask the questions that they needed
answered in order to feel comfortable. Mr. Rutledge will be out of the office and unavailable for
the meeting; however the Engineer on staff will facilitate the meeting so that this does not get
delayed any further providing Mr. Carr agreed to have his engineer available with data.
Community Development Director Huggins asked Mr. Carr for commitment to be available in the
next the next two weeks. Mr. Carr committed.
Nick Sanders noted that the Council would be short two Council members on September 27,
2010 and approval of this item would require an unanimous vote.
Council member Hoover confirmed that Mr. Carr’s lot was in the flood plain before this was
proposed. Mayor White questioned if the Council was correct in delaying and was unsure what
would be accomplished in delaying this approval. Steve Lenart stated conformance with the
platting process.
Motion to refer failed 2:4, Mayor Pro Tem Rose and Council member Cantrell voting for and
Mayor White and Council member Stotts, Hoover and Strother voting against.
Council member Stotts is comfortable approving and said that he will second Council member
Strother’s original motion.
Motion made by Council member Hoover, seconded by Council member Stotts to approve of a
Final Plat for Waters Edge at Hogan's Glen, Phase 2A (13.616 acres) located in Planned
Development No. 22 (PD-22) with a commitment to work with Mr. Carr to understand his issue
and that the sub-divider’s agreement will come back later.
Motion passed unanimously without further discussion.
No action taken on the Subdivider’s Agreement.
16. 2010-449-T Consider and take appropriate regarding the award of bid for the Safe
Routes to School Project to Ken Do Contracting, LP in an amount not to exceed
$318,857.50, and authorizing Acting Town Manager Seidel or his designee to
execute necessary documents.
The Safe Routes to School grant application was approved by the Town Council in June 2007.
Since that time, there have been approximately 15 public meetings regarding this item, including
three joint meetings with NISD Parent Teacher Organization (PTO) and two Town Hall meetings.
Dr. Karen Rue, NISD Superintendent has also provided a letter of support for the project.
Attached are a detailed history and Dr. Rue's support letter.
Project bids were opened on June 7, 2010. Trophy Club recommended the award to TxDOT on
June 10, 2010 and received TxDOT’s letter of concurrence on June 25, 2010. Over the past two
months, Staff, Halff engineers, and TxDOT have resolved the change order issue, as well as
attempted to accommodate for any trees that were previously in the sidewalk's path. Staff also
met with The Lakes HOA President to discuss the project, and resolved any outstanding issues
with the neighborhood association. Additionally, Staff would like to emphasize that there are no
current plans to eliminate the traffic calming lane located along Trophy Club Drive.
Town Council 80 of 180 Meeting Date: November 15, 2010
From a trails and sidewalk perspective, once a sidewalk is installed along Trophy Club Drive,
residents will be able to walk from Indian Creek to Trophy Club Park and eventually into
Roanoke. Residents and visitors would also be able to safely walk from Westlake to Roanoke
when the 26 acre tract is developed.
Staff recommends awarding the bid to Ken Do Contracting, LP in the amount of $318,857.50. The
contract is for 170 days, and Staff will work with Ken Do to develop a construction timeline and
plan in order to avoid as much construction as possible during the holidays that would impact
residents.
Nancy Payton, 219 Oak Hill Drive – submitted a letter in support.
Susan Edstrom, 269 Oak Hill – deferred until after Council’s debate.
Mike Conklin, Security Coordinator NISD – Spoke in favor of the SRTS Project and stated that it
is an honor just to receive this Grant.
Laura Bathgate, 11 Wentworth Court - submitted a letter in favor.
LC Crowley, 410 Lakewood Drive – Spoke against stated that this concept as it was pitched that
it was a free project at the last Town Hall meeting. Crowley does not believe it will be used by
children to go to school and thinks that bikes will end up on the sidewalks. Mayor White
confirmed the cost of $318,000 is covered by the grant. The money expended by the Town for
the engineer has been reimbursed.
Nick Sanders, 7 Hayes Court – Spoke in favor and asked residents to look broader than just
Trophy Club Drive and the ability for people to walk all over the Town. The calming lanes were
not intended to be walking lanes and the values of the homes will increase with sidewalks.
Lynda Sanders, 7 Hayes Court – Spoke in favor. Mrs. Sander thanked the Former Town
Manager and the Acting Town Manger for their enthusiastic attitude in saving tax payers’ money.
Make decision for the benefit of the majority and should be made with safety as the priority.
Grant Coats, 123 Trophy Club Drive – Spoke against as this will result with a sidewalk in the front
of his house. Coats stated that only one or two residents wanted sidewalks and disagreed that it
will raise property values as that is only speculation. This is only an extension of the trail plan.
Greg Lamont, 15 Avalon Drive – Asked the Council to consider safety.
Mayor White stated that she lives on Trophy Club Drive and realizes how hard the reconstruction
will be, however she is in favor of the sidewalks.
Acting Town Manager Seidel stated that this item refers to the award of the contractor, not
approval of the project as that occurred in 2007. There are financial consequences should
Council not proceed with the project. The engineers have worked so that the project would not
impact trees.
LC Crowley did not understand that this project was approved in 2007 and it certainly was not
made clear during the Town Hall meeting conducted two weeks ago regarding this project.
Staff clarified that if the Town does not proceed with the project, the Town will owe TxDOT
approximately $55,000. Acting Town Manager Seidel will speak to Ken Do Contracting, LP
regarding the timeline as not to affect these folks during the holidays.
Council member Cantrell confirmed that irrigation is included and that adjustments will fall back
on the contractor, with a maintenance warranty of two years.
Town Council 81 of 180 Meeting Date: November 15, 2010
Motion made by Rose, seconded by Hoover, to approve the award of bid for the Safe Routes to
School Project to Ken Do Contracting, LP in an amount not to exceed $318,857.50, and
authorizing Acting Town Manager Seidel or his designee to execute necessary documents.
The Council asked Staff to provide intense communication and education to the residents
regarding this project and the need for safety due to the sidewalks.
Mayor Pro Tem Rose commented that this is a number one legacy priority of the Town Council is
Safety and Security.
Motion passed 4:0:2, with Council members Cantrell and Stotts abstaining.
Per Town Charter, a vote to abstain is counted as a "no" or negative vote on the item.
17. 2010-481-T Consider and take appropriate action regarding the creation of a Code
of Conduct/Ethics Ordinance and the establishment of an Ethics Commission.
Mayor Pro Tem Rose and Council member Cantrell requested to postpone this item. Cantrell
stated that the backup indicated that the Staff had not received the backup information in
adequate time to review and she would like to give the Staff time to review first. Cantrell
suggested allowing citizen comments and referring the discussion to the next meeting.
Andrew L. Bell, 4 Michelle Court – Submitted a letter against.
Dave Edstrom, 269 Oak Hill – Spoke against stating that this is ongoing liberal reflection of
Charter Commission and reflects a total lack of the understanding. The draft will cost the Tax
payers real money to maintain the records and volunteers will no longer volunteer due to
invasion.
Nick Sander, 7 Hayes Court – Spoke against and mentioned a series of concerns. Section 5,
Item 1 of the draft Ordinance would have precluded Mayor White from participating in the
discussion of the sidewalks.
Barry Huizenga - 120 Greenhill Trail South – Spoke against and said that this is a double edge
sword. Huizenga remembers receiving a handbook when he was sworn into office and he was
never confused on how to act. The financial disclosure is a ridiculous request to ask of someone
just for the privilege to sit on the Council. Let people behave as they do and not try and
legislative morality.
Motion made by Council member Cantrell, seconded by Council member Stotts to move the Item
to the September 20 meeting after Staff has time to review.
Council member Hoover called the question.
Motion passed 5:1, with Strother voting against.
18. 2010-482-T Consider and take appropriate action regarding a Resolution accepting
a proposed Annual Service Plan Update and Amendments to the Service and
Assessment Plan for the Town of Trophy Club Public Improvement District No. 1
(Bond); setting a date for a public hearing; authorizing the publication of notice;
and enacting other provisions relating thereto.
Dick Spence from David Taussig & Associates was present to answer Council's questions.
Town Council 82 of 180 Meeting Date: November 15, 2010
At the time of posting, Staff had not received the Service and Assessment Plan from David
Taussig & Associates. The Service and Assessment Plan was sent under separate cover once
received and hardcopies were provided at the meeting.
Motion made by Council member Strother, seconded by Mayor Pro Tem Rose, to approve a
Resolution accepting a proposed Annual Service Plan Update and Amendments to the Service
and Assessment Plan for the Town of Trophy Club Public Improvement District No. 1 (Bond);
setting a date for a public hearing; authorizing the publication of notice; and enacting other
provisions relating thereto.
Council confirmed that approval was for setting the Public Hearing only and not approval of the
Service and Assessment Plan.
Motion passed unanimously without further discussion.
19. 2010-483-T Consider and take appropriate action regarding a Resolution accepting
a proposed Service and Assessment Plan Update for Authorized Services
(Emergency Services) for the Town of Trophy Club Public Improvement District No.
1, setting a date for a public hearing; authorizing the publication of notice and
directing the mailing of notices as required by law; enacting other provisions
relating thereto; and providing an effective date.
Dick Spence from David Taussig & Associates was present to answer Council's questions.
At the time of posting, Staff had not received the Service and Assessment Plan from David
Taussig & Associates. The Service and Assessment Plan was sent under separate cover once
received and hardcopies were provided at the meeting.
Motion made by Mayor Pro Tem Rose, seconded by Council member Cantrell, to approve a
Resolution accepting a proposed Service and Assessment Plan Update for Authorized Services
(Emergency Services) for the Town of Trophy Club Public Improvement District No. 1, setting a
date for a public hearing; authorizing the publication of notice and directing the mailing of notices
as required by law; enacting other provisions relating thereto; and providing an effective date.
Motion passed unanimously without further discussion.
20. 2010-450-T Receive Acting Town Manager Seidel's update regarding the following;
discussion of the same.
1. Special Events Ordinance
There are entities wanting to host parades. This would require blocking off streets, police
presence and there is a cost associated with this staff time. Staff would like to bring back
and Ordinance for Council’s consideration. Council member Stotts likes the idea of
having more special events and requested Staff to send material to Council prior to the
October 6, 2010 Council meeting.
2. The Community Clean Event was held at BNHS, which was a great location and
there was a great turnout.
21. 2010-452-T Receive Mayor Pro Tem Rose's liaison report regarding the August 17,
2010 and September 1, 2010 TCMUD1 Meeting; discussion of same.
Mayor Pro Tem Rose stated that most items were covered during the Joint Meeting on
September 9, 2010. The fire protection plan has been approved and sent to TCEQ with the intent
to have on the May 2011 Ballot.
Town Council 83 of 180 Meeting Date: November 15, 2010
Minutes dated September 13, 2010
12
22. 2010-451-T Mayor and Council Updates regarding training opportunities,
educational sessions, and regional meetings; discussion of same.
NTC Team Award Presentation
Metroport Cities Partnership
NCP Meeting
Parks Town Hall
Mayor's Roundtable
Town's 25th Anniversary Celebration
Town Manager reception on Friday night at the Country Club – and interviews on
Saturday.
Incident command set up last Wednesday during the rain.
23. 2010-455-T Items for Future Agendas
Council member Cantrell suggested an Item regarding setting the water rate for the PID.
Mayor White confirmed that Seidel has tried to talk to the school about the library.
ADJOURN
Motion made by Stotts, seconded by Hoover, to adjourn. Meeting adjourned at 11:25 p.m.
__________________________________ ________________________________
Shannon DePrater, Interim Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council 84 of 180 Meeting Date: November 15, 2010
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Meeting Date: November 15, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-515-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:9/20/2010 Town Council
On agenda:Final action:9/27/2010
Title:Consider and take appropriate action regarding the Minutes dated September 18, 2010.
Attachments:September 18, 2010 Minutes.pdf
Action ByDate Action ResultVer.
Town Council 104 of 180 Meeting Date: November 15, 2010
File #: 2010-515-T, Version: 1
Title
Consider and take appropriate action regarding the Minutes dated September 18, 2010.
Body
Goal #6: A vibrant, inclusive community with involved, caring residents
Provide superior customer services
Foster a well informed community
Promote and support active lifestyle
Develop expanded community involvement opportunities
Expand recreational opportunities for all ages
Town Council 105 of 180 Meeting Date: November 15, 2010
MINUTES FROM SPECIAL SESSION TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Saturday, September 18, 2010 7:00 PM
Svore Municipal Building Boardroom
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in Special Session on Saturday, September
18, 2010. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Bill Rose Mayor Pro Tem
Glenn Strother Council Member
J.D. Stotts Council Member
Margi Cantrell Council Member
Larry Hoover Council Member
STAFF AND GUEST(S) PRESENT:
Scott Kniffen Police Chief
Gary Holland, The Mercer Group
Jim Thomas, President MUD #1
Mayor White announced the date of Saturday, September 18, 2010, called the meeting to order at time
8:10 a.m. and announced a quorum.
EXECUTIVE SESSION
1. 2010-508-T Pursuant to the following designated sections of Texas Government Code,
Annotated, Subchapter 551, the Council will enter into executive session to or deliberate the
appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a
public officer or employee pursuant to Section 551.074 (a) (1) of the Texas Open Meetings Act:
(1) Conduct interviews of candidates for appointment to the position of Trophy Club Town
Manager
The Council immediately convened into Executive Session at 8:12 a.m. Mayor White stated for the
record that TCMUD No. 1 President Jim Thomas was invited to attend the Executive Session.
RECONVENE INTO REGULAR SESSION
Council convened into Regular Session at time 3:28 p.m.
No action was taken. The Council will convene into executive session on Monday, September 20 to
discuss the interviews and evaluate the candidates.
ADJOURN
Meeting adjourned at 3:30 p.m.
__________________________________ ________________________________
Shannon DePrater, Interim Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council 106 of 180 Meeting Date: November 15, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-516-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:9/20/2010 Town Council
On agenda:Final action:10/18/2010
Title:Consider and take appropriate action regarding the Minutes dated September 20, 2010.
Attachments:September 20, 2010 Minutes.pdf
Action ByDate Action ResultVer.
Town Council 107 of 180 Meeting Date: November 15, 2010
File #: 2010-516-T, Version: 1
Title
Consider and take appropriate action regarding the Minutes dated September 20, 2010.
Body
Goal #6: A vibrant, inclusive community with involved, caring residents
Provide superior customer services
Foster a well informed community
Promote and support active lifestyle
Develop expanded community involvement opportunities
Expand recreational opportunities for all ages
Town Council 108 of 180 Meeting Date: November 15, 2010
MINUTES FROM A BUDGET WORKSHOP/REGULAR SESSION TOWN COUNCIL MEETING FOR
THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, September 20, 2010 6:00 P.M.
Svore Municipal Building Boardroom
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Budget Workshop/Regular Session on
Monday, September 20, 2010. The meeting was held within the boundaries of the Town and was open to
the public.
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Bill Rose Mayor Pro Tem
Glenn Strother Council Member arrived at 6:47 p.m.
Larry Hoover Council Member
Margi Cantrell Council Member
JD Stotts Council Member arrived at 6:26 p.m.
STAFF AND GUEST(S) PRESENT:
Stephen Seidel Acting Town Manager
Lisa Hennek Town Secretary
Patricia Adams Town Attorney
Kathy DuBose Finance Director
Scott Kniffen Police Chief
Danny Thomas Fire Chief
Adam Adams Parks Director
Carolyn Huggins Community Development Director
Mike Pastor Information Systems Director
Mayor White announced the date of September 20, 2010, called the meeting to order and
announced a quorum at 6:04 p.m.
Mayor White announced that Council members Strother and Stotts would be late.
WORK SESSION
1. 2010-457-T Town Council Budget Discussion; discussion of the same.
(Presentation attached)
Acting Town Manager Seidel stated that staff would present revenue and expenditure changes. Seidel
said that this is an opportunity for the Council to discuss the budget and tax rate so that Staff can begin
preparing the required documents for the meeting next week.
Finance Director DuBose provided a Revenue Update, Expenditure Update, Council’s requested
additions, other possible changes, Tax Rate, Adjusted Tax Rate, Property Tax Rate, Drainage Fee,
Capital Improvements Five Year Program and Capital Improvements 2010-11 Project.
Mayor White questioned the 30% increase on Franchise Fees revenue for Allied. Finance Director
DuBose explained that 200 homes were added last year, 200 homes are anticipated to be added this
year.
Town Council 109 of 180 Meeting Date: November 15, 2010
Council member Cantrell explained that even though the budgeted amount for Allied was at $49,500, the
Town is only paying $45,900, plus the additional homes that have been added.
Staff estimated Insurance premiums at an 11.5% increase which actually came in less than anticipated by
about $10,000. Net differences between the expenditure and revenues were zero as presented by
DuBose.
Staff increased the proposed budget with expenses as Council had requested, including a
Communications expense, the Town Manager’s Salary and moving expense was increased, added a 2%
Merit increase and removed the two additional Holidays.
The Council will be looking at the debt refinancing later this evening which will save $17,350 next year
and we could shift from debit services to O&M.
Council member Cantrell asked what the appropriate amount of reserves was needed for the Town.
Finance Director DuBose stated that this is a policy decision. The Town is looking at a 36% fund balance
at the end of this year and at 34% for next year. Cantrell questioned if Council needs to be more
aggressive designating the fund balance monies toward the actual budget. DuBose explained that the
fund balance can only be used for a one time event and should not be used for an ongoing expense.
Mayor White stated that the purpose of the extra tax approved in last year’s budget was to address street
reconstruction.
Council member Hoover does not think that designating fund balance to a special project is a good idea
and clarified that he does not want the fund balance treated like a cookie jar. Finance Director DuBose
stated that once the Town closes the year and the Council knows the fund balance they can decide how
much they want to set aside.
Mayor Pro Tem Rose clarified that there is no monies set aside in this budget. Finance Director DuBose
stated every 1 cent tax rate provides $77,000 and every 1 cent tax rate increase = $27/year for residents
based upon current average home value.
Mayor Pro Tem Rose questioned the additional expense for personnel in the Parks Department. Parks
Director Adams stated that he could bid out certain functions prior to the new employees being hired.
Rose is comfortable giving the Parks Department a cost for a service agreement, but has a problem
adding new employees. Acting Town Manager Seidel stated that these employees are not slated to
come on before the new year, prior to that, Staff can work on a Request for Proposal and would need to
be specific for irrigation or bid it separately as it is a specialty. Rose stated that he is not comfortable with
even hiring the new employees and would like the new FTEs in the Parks Department removed
completely from this budget. Adams stated that he does not currently have a licensed irrigator and due to
the complexity of the system, the Department needs a licensed irrigator in the field.
Mayor Pro Tem Rose confirmed that there is no money added to the budget to fund the cost of a Request
for Proposal for a salary survey. Acting Town Manager Seidel stated that the Staff has begun to collect
Request for Proposals and the cost could be taken from the Fund Balance.
Council member Cantrell questioned the $15,000 added for communications. Acting Town Manager
Seidel stated that both figures of $12,000 and $15,000 were discussed at the last meeting, therefore Staff
put in the higher amount to be safe. Mayor White and Council member Cantrell feel that $12,000 is
adequate for citizens’ communications. The Drainage study in the amount of $125,000 has been added
from the perspective of issuing debt for bonds, but not a lump amount set aside. There is only a lump
amount set aside for Phase 1.
Mayor White stated that the Council needed to convene into Regular Session and would come back to
the budget discussion as Council needs to be comfortable before next week.
Town Council 110 of 180 Meeting Date: November 15, 2010
Council took a short break and reconvened into Regular Session at 7:10 p.m.
The Invocation was offered by Council member Cantrell.
The Pledges were led by Mayor Pro Tem Rose.
CITIZEN PRESENTATIONS:
No speakers addressed the Council.
The Public Hearing opened 7:12 p.m.
PUBLIC HEARING
2. 2010-495-T Town Council to conduct 2nd Public Hearing regarding the budget and
proposed tax rate increase for fiscal year October 1, 2010 to September 30, 2011 and
Mayor to announce the date, time and place of the vote on the tax rate.
Mayor White stated the following for the record:
On September 27, 2010, the Town Council will hold a Public Meeting to adopt a 2010 tax rate that will
exceed the lower of the rollback rate or the effective tax rate. As required by law, Public Hearings on a tax
increase will be held on September 13, 2010 and September 20, 2010.
Susan Edstrom, 269 Oak Hill Drive – Had hoped that the Council would have determined the tax increase
and user fees tonight so that all residents can watch the tape and know what is coming.
3. 2010-506-T Town Council to conduct a Public Hearing on the proposed 2010-2011 Fiscal
Year Budget pursuant to Section 9.05 of the Town Charter, "Council Action on Budget".
Town Charter - Section 9.05 Council Action on Budget
(b) Notice and Hearing. The Council shall review the proposed budget and revise it as deemed
appropriate prior to general circulation for public hearing. The Council shall publish the general
summary of the budget and a notice stating:
(1) The times and places where copies of the message and budget are available for inspection
by the public, and
(2) The time and place, not less than two weeks after such publication, for public hearing on the
budget.
The Notice was published in the September 15, 2010 edition of the Times Register.
No speakers addressed the Council.
Council member Cantrell encouraged the citizens to review the packet online as there have been a lot of
changes made to the proposed budget.
The Public Hearing closed at 7:17 p.m.
REGULAR SESSION
4. 2010-504-T Consider and take appropriate action regarding an Ordinance providing for the
Issuance and Sale of Town of Trophy Club, Texas, General Obligation Refunding Bonds,
Series 2010; authorizing the execution and delivery of a Bond Purchase Agreement, a
Paying Agent/Registrar Agreement and an Escrow Agreement; levying a tax in payment
thereof; prescribing the form of said Bonds; approving the Official Statement; and
enacting other provisions relating thereto.
Town Council 111 of 180 Meeting Date: November 15, 2010
Dan Almon from Southwest Securities and Julie Pertain with Vinson and Elkins were in attendance to
answer Council’s questions.
The bond issuance for approximately $2,860,000 of refunding bonds to be used to refund the General
Obligation Bonds, Series 2001 and the General Obligation Refunding Bonds, Series 2002. The refunding
will result in an estimated cash flow savings of over $213,000, with a present value of over $186,000,
which is 7.84% and 6.83%, respectively of the bonds being refunded. These savings are net of all related
bond issuance costs.
Mr. Almon explained the two rating agency reports.
Motion made by Council member Stotts, seconded by Council member Hoover, to approve an Ordinance
providing for the Issuance and Sale of Town of Trophy Club, Texas, General Obligation Refunding Bonds,
Series 2010; authorizing the execution and delivery of a Bond Purchase Agreement, a Paying
Agent/Registrar Agreement and an Escrow Agreement; levying a tax in payment thereof; prescribing the
form of said Bonds; approving the Official Statement; and enacting other provisions relating thereto.
Susan Edstrom, 269 Oak Hill Drive – Questioned the recommendation from moving the $17,000 from
I&S. Finance Director DuBose stated that the money has not been put in I&S yet. This rate was not
available when Council first funded this Bond Series. Next year the rate can be adjusted and debt service
rate can be lower.
Motion passed unanimously without further discussion.
EXECUTIVE SESSION
5. 2010-509-T Pursuant to Texas Government Code, Annotated, Subchapter 551, the Council
will enter into executive session to or deliberate the appointment, employment, evaluation,
reassignment, duties, discipline or dismissal of a public officer or employee pursuant to
Section 551.074 (a) (1) of the Texas Open Meetings Act:
(1) Review and discuss the interviews for the position of Trophy Club Town Manager
The Council convened into Executive Session in the Public Service Conference Room at 7:46 p.m.
The Council reconvened into Regular Session at 9:31 p.m.
RECONVENE INTO REGULAR SESSION
6. 2010-510-T Consider and take appropriate action regarding the Executive Session.
Motion made by Council member Hoover, seconded by Mayor Pro Tem Rose to start contract
negotiations with Paul Frederickson.
Motion passed unanimously without any discussion.
7. 2010-496-T Consider and take appropriate action regarding financial and variance report
dated August 2010.
The August 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.
Town Council 112 of 180 Meeting Date: November 15, 2010
Management recommends approval.
Council member Cantrell questioned the Parks Revenues and Mayor Pro Tem Rose referenced facilities
management.
Council member Strother confirmed that sales tax is two months in the rears.
Motion made by Council member Cantrell, seconded by Mayor Pro Tem Rose to approve the financial
and variance report dated August 2010.
Motion passed unanimously without further discussion.
Council member Stotts asked that Item 9 be moved before Item number 8. No objections noted.
9. 2010-481-T Consider and take appropriate action regarding the creation of a Code of
Conduct/Ethics Ordinance and the establishment of an Ethics Commission.
This item was originally posted to the September 13, 2010 Town Council Agenda. The item was
requested by Mayor Pro Tem Rose and Council member Cantrell. The back-up was received by staff after
5:00 p.m. on Wednesday, September 8. Staff did not have enough time to thoroughly evaluate the
submission prior to the September 13, 2010 Agenda posting. Based on prior Council feedback, the
consensus was to have an ordinance that was not as detailed and did not require the amount of
disclosure as the proposed draft by Council member Rose. Staff has put together an ordinance that
provides for adherence to Charter requirements as well as follows the laws set forth by State law.
The Council requested that this item be postponed one week to give Staff the opportunity to review the
submission.
Council member Hoover feels the short version is adequate and that the other version will drive
volunteers off. Council member Stotts feels that Staff’s Draft is adequate as it will hold people to the
State Law. Stotts explained that Private Sector employees are not allowed to accept gifts from a vendor
while in contract negotiations. Mayor White feels that the Draft needs a bit more language other than just
the reference to State Law as State Law is not always easily assessable. Stotts prefers the simpler
approach.
Mayor Pro Tem Rose said that there is a significant difference between the short and long versions.
Ethics Ordinances at the Town level are different than at the State level, as the State level governs
election issues. The short document does not include conduct therefore does not meet the Charter
requirements. Rose would like an opportunity to revise the long document.
Council member Hoover would like to see sections 6 and 7 deleted and stated that financial disclosure
only applies to officials, not boards and commissions.
Mayor Pro Tem Rose suggested that the Council agree to use the long version as the strong arm, let
Rose revise and then Council can vote each section up or down.
Acting Town Manager Seidel asked the Council to consider identity theft.
Motion made by Rose, seconded by Hoover, to use Trophy Club Code 7C and 3C Financial Disclosure
Statement as a baseline document to revise and then bring back to Council in a few weeks.
Council member Stotts confirmed that Mayor Pro Tem Rose planned to use the short document in his
revisions.
Council member Strother has a big problem with the whole document. As a City Official, Strother is
bound by ethical obligations and should not have to fill out a form or complete a financial disclosure
Town Council 113 of 180 Meeting Date: November 15, 2010
statement as it is no one’s business. Strother believes that the Council should be bound by an ethics
statement and cautioned the Council to remember that this is Trophy Club, not Los Angeles. If a council
member feels that there is a conflict they need to bring it forward for the entire Council to talk about.
Strother said that he would consider resigning from Council should an Ethics Ordinance such as this
passes as he feels that strongly about it. Strother stated that Council’s goal should be to make the best
decision possible.
Acting Town Manager Seidel said that the Council has the discretion on how to proceed as the Charter
does not state specifically what the Council has to do. Council could adopt the State law and a
Commission that serves every day or meets only when there is a discretion.
Mayor White stated that all have played with this for several months. Council member Strother
appreciates Mayor Pro Tem Rose’s research as he can tell that Rose is very passionate about this.
Mayor White stated that Council cannot vote in a workshop, but can receive consensus on the particulars.
Council member Strother is a firm believer that the draft is completed prior to the meeting so that Council
meetings can actually be conducted as a business meeting and all items discussed in two to three hours
tops. Strother stated that the Council and Staff all need closure as this has been in the works for 16
months.
Mayor Pro Tem Rose amended the motion to use Trophy Club Code of Ethics and Conduct revision #7
and Financial Disclosure version #3 as a baseline document to revise into an Ethics Ordinance per
Charter requirements, which will be accomplished in a workshop session, the second agreed.
Greg Lamont, 15 Avalon Drive – recommends a Commission and the financial disclosure be removed.
Motion passed 5:1 with Strother opposing.
8. 2010-505-T Consider and take appropriate action regarding the process for the adoption of
the FY 2010-2011 Budget and Tax Rate.
Council member Stotts stated that he prefers the lower tax rate increase. Stotts is in favor of the merit
increases and the drainage study but wishes the EDC money was being used differently and not for
covering operational needs. Stotts stated that a four cent increase would be reasonable, yet he would
like to do some significant cost cutting; however this is not the right time.
Council member Stotts left the meeting at 10:22 p.m.
Mayor White explained that a taxing unit must adopt its tax rate before September 30 or by the 60th day
after the taxing unit receives the certified appraisal roll (September 20th), whichever is later. Failure to
adopt a tax rate by this deadline results in the unit adopting its effective rate or last year's rate, whichever
is lower, as its tax rate. That would make our rate $0.47 for 2010 as the current rate ($0.47) is lower than
the effective rate of $0.488814.
The loss in funding from the Manager’s proposed rate of $0.50032 per $100 valuation to the current rate
of $0.47 per $100 valuation is $230,779.
Further, if a taxing unit's governing body fails to comply with the hearing, notice or rate adopting process
in good faith, a property owner in the unit may seek an injunction to stop the unit from sending tax bills
until the unit convinces the district court that it has complied with the law.
According to State law, the Council must adopt the budget before adopting a tax rate.
Mayor White commends the Council for their commitment and asked if any of the Council members had
outstanding issues on the budget. Mayor Pro Tem Rose questioned the three new Parks employees and
Town Council 114 of 180 Meeting Date: November 15, 2010
the RFP. Acting Town Manager Seidel is committed to running the RFP and work with Frederickson to
bringing the RFP back prior to hiring the new employees at Council’s request. Parks Director Adams
suggested taking out the FTEs and then adding back next year if necessary. Finance Director DuBose
said that this change should be easy to track and follow.
Council member Cantrell recommended in an effort to hold the tax rate as low as we can that Finance go
back and include what was originally added for the Town Manager’s moving expenses, change
communications from $15,000 to $12,000, and change the Town Manager’s salary back to the original
amount.
Council member Hoover stated that he going to propose a tax rate of $0.52 because of the projections
and he does not want to argue something that will bump up a rollback rate. Council member Cantrell is
uncomfortable with that increase.
Council member Strother understands Cantrell’s concerns and he would like to cut taxes as well, however
at this time Council’s hands are tied. There are pieces that the Town can save on, but maybe only ½
cent, it costs a lot to run the Town. Strother suggested the Staff continue to make strides to improve
efficiency and commended the Staff for their efforts reducing was originally planned for the Park Bond,
stating that Staff has already made a budget cut.
Council member Cantrell does not think that Staff nor Council was diligent enough this year and did not
look at everything they could. Cantrell believes that every position should be evaluated. Acting Town
Manager Seidel argued that Council needs to trust the Manager and the positions he feels are necessary
to get the job done. Mayor White stated that last year the Staff agreed to look at all positions and the
organization structure to evaluate if the right people are in the right position.
Mayor White questioned if Council was cutting?? covering the Town too short. Finance Director DuBose
stated that a tax rate of $0.51 cents would be a $75,000 into a reserve, $0.515 cents would be a
$114,000 and $0.52 cents would be $152,000.
Council member Cantrell stated that she could not support a $0.52 cents tax increase, maybe $0.51 or
$.0515.
Staff advised that they would prepare a couple different examples of the tax increase for the Council’s
consider next Monday night.
10. 2010-503-T Items for Future Agendas.
No action taken.
11. 2010-502-T Receive Mayor Pro Tem Rose's liaison report regarding the September 14, 2010
TCMUD1 Meeting; discussion of same.
A) Discuss and take appropriate action regarding the September 9, 2010 Joint Session
with TCMUD1.
Tax Rates and Rate Order
Trinity Well
Water Tank Group
From the 9/9/10 Joint Session meeting:
Council member Hoover would like to move forward and volunteered to be on the committee. Mayor
White confirmed that Council member Strother was willing to sit on the committee and Council member
Stotts volunteered to sit as well. The TCMUD No.1 discussed Directors Sanders and Carr to sit on this
committee.
Town Council 115 of 180 Meeting Date: November 15, 2010
Minutes dated September 20, 2010
8
No action taken, update only.
12. 2010-501-T Mayor and Council Updates regarding training opportunities, educational
sessions, and regional meetings; discussion of same.
Walking with the Mayor
Metroport Cities Partnership
Final 25th Anniversary Committee Meeting
Mayors’ Roundtable Dinner
NISD Education Foundation - Annual Drive Kick-off Luncheon
Reception and Interviews for Town Manager
Rose would like to present Letters of Appreciation to the 25th Anniversary Committee members.
ADJOURN
Motion made by Rose, seconded by Cantrell to adjourn. Meeting adjourned at 11:56 p.m.
___________________________________ ________________________________
Shannon DePrater, Interim Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council 116 of 180 Meeting Date: November 15, 2010
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Meeting Date: November 15, 2010
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Meeting Date: November 15, 2010
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Meeting Date: November 15, 2010
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Meeting Date: November 15, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-535-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:9/29/2010 Town Council
On agenda:Final action:10/18/2010
Title:Consider and take appropriate action regarding the Minutes dated September 27, 2010.
Attachments:September 27, 2010 Minutes.pdf
Action ByDate Action ResultVer.
Town Council 129 of 180 Meeting Date: November 15, 2010
File #: 2010-535-T, Version: 1
Title
Consider and take appropriate action regarding the Minutes dated September 27, 2010.
Body
Goal #6: A vibrant, inclusive community with involved, caring residents
Provide superior customer services
Foster a well informed community
Promote and support active lifestyle
Develop expanded community involvement opportunities
Expand recreational opportunities for all ages
Town Council 130 of 180 Meeting Date: November 15, 2010
MINUTES FROM A BUDGET WORKSHOP/REGULAR SESSION TOWN COUNCIL MEETING FOR
THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, September 27, 2010 6:00 P.M.
Svore Municipal Building Boardroom
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Budget Workshop/Regular Session on
Monday, September 27, 2010. The meeting was held within the boundaries of the Town and was open to
the public.
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Bill Rose Mayor Pro Tem
Larry Hoover Council Member
Margi Cantrell Council Member
TOWN COUNCIL MEMBERS ABSENT:
Glenn Strother Council Member
JD Stotts Council Member
STAFF AND GUEST(S) PRESENT:
Stephen Seidel Acting Town Manager
Lisa Hennek Town Secretary
Shannon DePrater Deputy Town Secretary
Patricia Adams Town Attorney
Kathy DuBose Finance Director
Scott Kniffen Police Chief
Danny Thomas Fire Chief
Adam Adams Parks Director
Carolyn Huggins Community Development Director
Mike Pastor Information Systems Director
Ed Helton Director of Street Services
Mayor White announced the date of September 27, 2010, called the meeting to order and announced a
quorum at 6:02 p.m.
Mayor White announced the absences of Council members Strother and Stotts.
WORK SESSION
1. 2010-457-T Town Council Budget Discussion; discussion of the same.
(Presentation is attached.)
Finance Director DuBose stated that this is the ninth budget meeting with the Town Council. Per Council’s
request at the September 20, 2010 meeting, Staff has made the following changes to the budget.
Communications were reduced by $3,000 for a total of $12,000, the Town Manager’s salary was
decreased by $15,262 and $10,000 was added for moving expenses. Funding from salaries, equating to
three Park Full-Time Equivalents, was moved to Independent Labor.
Town Council 131 of 180 Meeting Date: November 15, 2010
DuBose stated that Staff is providing information and documents with two different tax rates. Example 1
reflects a $0.515 tax rate and provides $120,138 toward reserves and Example 2 reflects a $0.52 tax rate
and provides $158,560 toward reserves. The proposed budget was actually budget balanced at a $0.50
tax rate. DuBose explained the 2009-10 Fiscal Year Reserves and the projected reserves for Fiscal Year
2010-11.
Acting Town Manager Seidel asked the Council if they had any questions or directions prior to Regular
Session that will help move the Regular Session meeting in a methodical fashion.
Council member Cantrell thinks that the Staff has done a good job as much was done with reduced
headcount, but would still like to go with a $0.51 tax increase.
Council member Hoover said that he proposed $.052 last week and does not think that $0.51 allows
enough room to cover the necessary resources. Hoover is more comfortable with a tax rate of $0.515.
Mayor Pro Tem Rose is still looking at the Parks FTEs which was to cover the additional medians. Park
Director Adams said that he did not get a quote and he will be working on putting out an RFP. Adams
feels pretty comfortable putting the money into independent labor as Council will probably spend the
same amount in an RFP.
Council member Cantrell asked Town Attorney Adams if the Town is liable for the building of the Water
Tank. Adams stated that the Town is not and bond counsel has assured her of this. The Developer is
responsible for cost overruns.
Mayor White confirmed that if you have a fund budget and you plan to use it, it shows up as Revenue.
Council discussed revenues and expenses and DuBose stated that the cost of the budget was increased
by $89,000 and then Parks increased it even more. Council member Cantrell stated that the Council and
Staff need to get creative and start thinking outside of the box in order to save money and stop doing
what has always been done.
Finance Director DuBose responded that this is the first time the Town has had a $5 Million Park Bond.
Acting Town Manager Seidel stated that each department budget is considerable less unless there was a
cost associated to Employees transferring from the SEMO. The Departments were charged to hold the
line or reduce. The Park Bond brought additional costs for operations like the Splash Park. The
minuscule increase contributes to the COLA expenses.
Council member Cantrell does not believe that the Finance Staff will have as much work to do once the
Town and TCMUD No. 1 split based upon the number of transactions reported in the budget book. Acting
Town Manager Seidel feels that the Finance Department and other departments work a lot of hours in
order to provide services to the Council and to community.
Finance Director DuBose stated that the $5 Million Park Bond added a substantial workload to the Staff
for the next three years. The Town also has a PID that has been very time consuming. Acting Town
Manager Seidel stated that Staff is really trying to create efficiencies while balancing a work/life balance.
Seidel appreciates Council recognizing the hard work Staff does each and every day.
Mayor White advised that Council needs to agree on the tax rate and budget when voting during Regular
Session. Mayor Pro Tem Rose is comfortable with $0.515. Mayor White would be comfortable with the
$0.515, although this is not where she wants the rate to be. White asked the Council to remember that
the Park Bond had originally projected a 10% tax increase and Staff has reduced it to a 4.5%.
Council member Cantrell reminded the Council that they have to agree because if the vote does not pass,
the tax rate will go back to last year’s rate and the Town cannot afford that.
The Invocation was offered by Council member Cantrell.
Town Council 132 of 180 Meeting Date: November 15, 2010
The Pledges were led by Council member Hoover.
CITIZEN PRESENTATIONS:
No speakers addressed the Council.
The Public Hearing opened 7:12 p.m.
PUBLIC HEARING
2. 2010-517-T Town Council to conduct a Public Hearing relative to the Service and
Assessment Plan for Authorized Services (Emergency Services) for the Trophy Club
Public Improvement District No. 1 (The Highlands at Trophy Club), the Assessment Roll,
Levy of Special Assessments against the Property in PID No. 1 and matters contained in
the proposed Ordinance.
Notice of the Public Hearing was published on September 15, 2010.
Susan Edstrom, 269 Oak Hill Drive – Asked the Council to consider the rate increase for the Park Bonds,
no public opinion regarding the published rate tax increase of $0.53. Need to think about the funds for
the Parks, Police, etc. Encouraged the Council to keep planning for the future and do the $0.52, this is
not a wringing of the hands; this is a budget with minimal increase.
3. 2010-518-T Town Council to conduct a Public Hearing relative to the Service and
Assessment Plan for Service and Assessment Plan and Updated Assessment Roll for
Town of Trophy Club Public Improvement District No.1 (The Highlands at Trophy Club);
adopting findings and other related provisions; and providing an effective date.
This annual update also includes an amendment as a result of previously approved zoning changes for
Neighborhood 8. This Service and Assessment Plan is related to the assessment for repayment of the
bond debt for the construction of infrastructure within the PID.
No speakers addressed the Council.
The Public Hearing closed at 7:16 p.m.
REGULAR SESSION
4. 2010-512-T Consider and take appropriate action regarding a Proclamation declaring
September 30, 2010 as Northwest Metroport Chamber of Commerce Day in Trophy Club
commemorating the grand opening of their new location.
Sally Michalak, President of the Northwest Metroport Chamber of Commerce was in attendance to accept
the Proclamation.
The Northwest Metroport Chamber of Commerce will celebrate their Grand Opening on Thursday,
September 30, 2010 from 4:30 to 6:30 p.m. The Ribbon Cutting will be at 5:30 p.m.
Motion made by Council member Cantrell, seconded by Council member Hoover to approve a
Proclamation declaring September 30, 2010 as Northwest Metroport Chamber of Commerce Day in
Trophy Club commemorating the grand opening of their new location.
Motion passed unanimously without any discussion.
Town Council 133 of 180 Meeting Date: November 15, 2010
5. Consider and take appropriate action regarding an Ordinance approving a Change in the
Tariffs of Atmos Energy Corporation, Mid-Tex Division (“Atmos”) as a result of a
settlement, finding rates set by the attached tariffs to be just and reasonable, finding that
additional costs are appropriate, and finding an effective date.
Town Attorney Adams explained that the Counsel for ATM Cities recommends that the settlement be
adopted. On balance the settlement is a fair one. The settlement of this year’s RRM proceeding is
generally consistent with the adjustments made to Atmos’ filing by ATM’s experts at Utilitech. Further,
Counsel can recommend the extension of the RRM for two years with the elimination of the rate of return
true-up. Finally, Counsel recommends the adoption of the settlement on the replacement of steel service
lines most at-risk of explosion. It is very important that the safety of the lines most in need of replacement
be assured. On balance, when the settlement is looked at as a whole, it is worth adopting for all the
foregoing reasons. If a city should choose not to approve the settlement it is likely that the decision will
be appealed to the Railroad Commission by Atmos. An appeal of this sort could cost over $1 million,
including the rate case expenses of Atmos and the city. An appeal of this sort will be difficult to pursue if
most of the cities located in the Mid-Tex Division have adopted the settlement.
James Johnson from Atmos was in attendance to answer Council’s questions.
Staff recommends approval.
Motion made by Mayor Pro Tem Rose, seconded by Council member Cantrell, to approve an Ordinance
approving a Change in the Tariffs of Atmos Energy Corporation, Mid-Tex Division (“Atmos”) as a result of
a settlement, finding rates set by the attached tariffs to be just and reasonable, finding that additional
costs are appropriate, and finding an effective date.
Motion passed unanimously without any discussion.
6. 2010-498-T Consider and take appropriate action regarding an Ordinance of the Town
Council of the Town Of Trophy Club accepting and approving a Service and Assessment
Plan for Authorized Emergency Services and Assessment Roll for the Town Of Trophy
Club Public Improvement District No. 1 (The Highlands At Trophy Club); making a finding
of special benefit to the property in the District; levying special assessments against
property within the district; providing for payment, method of assessment, penalties and
interest; and providing an effective date.
Mayor Pro Tem Rose questioned the caption in the Ordinance does not specifically say Emergency
Services. Town Attorney Adams stated the Ordinance is okay as it adopts the plan. Council can add
Emergency Services for clarity purposes if they would like.
Motion made by Mayor Pro Tem Rose, seconded by Council member Cantrell to approve an Ordinance
of the Town Council of the Town Of Trophy Club accepting and approving a Service and Assessment
Plan for Authorized Emergency Services and Assessment Roll for the Town Of Trophy Club Public
Improvement District No. 1 (The Highlands At Trophy Club); making a finding of special benefit to the
property in the District; levying special assessments against property within the district; providing for
payment, method of assessment, penalties and interest; and providing an effective date as amended, by
adding “Emergency Services” in the caption.
Motion passed unanimously without any discussion.
7. 2010-497-T Consider and take appropriate action regarding an Ordinance of the Town
Council of the Town Of Trophy Club accepting and approving an Annual Service Plan
Update, Amendments to the Service and Assessment Plan, and Updated Assessment Roll
for Town of Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club
Town Council 134 of 180 Meeting Date: November 15, 2010
- Bond Assessment); making and adopting findings and other related provisions; and
providing an effective date.
This annual update also includes an amendment as a result of previously approved zoning changes for
Neighborhood 8. This Service and Assessment Plan is related to the assessment for repayment of the
bond debt for the construction of infrastructure within the PID.
Motion made by Mayor Pro Tem Rose, seconded by Council member Hoover, to approve an Ordinance
of the Town Council of the Town Of Trophy Club accepting and approving a Service and Assessment
Plan for Authorized Emergency Services and Assessment Roll for the Town Of Trophy Club Public
Improvement District No. 1 (The Highlands At Trophy Club); making a finding of special benefit to the
property in the District; levying special assessments against property within the district; providing for
payment, method of assessment, penalties and interest; and providing an effective date.
Motion passed unanimously without any discussion.
8. 2010-519-T Consider and take appropriate action regarding an Ordinance adopting and
approving the Budget for the fiscal year beginning October 1, 2010, and ending September
30, 2011.
The ordinance adopts the Fiscal Year 2010-2011 budget and makes the associated appropriations for
expenditures.
For this agenda item, as well as, items 2010-520, 2010-521 and 2010-522 Management has provided two
examples.
Larry Lentzer, 303 Ridge View Lane – Spoke for the residents who voted for the Park Bond knowing that
the Council would have to raise taxes.
Example 1 will reflect a tax rate of $.515 and Example 2 will reflect a tax rate of $.52.
Council member Cantrell stated that she is between a rock and hard place and would have thought that
the Budget Workshops would have allowed the Council to ask questions and discuss. Cantrell believes
that she is forced to vote on a budget that she is not prepared to vote on and the Council has two
members absent. If the vote is not unanimous the tax rate will default back to last year’s rate and the
Town will not be able to pay for the Park Bond. Cantrell stated that Staff has yet to provide the Council
with their requests for a Request for Proposal for the Parks Department and Legal Services. Cantrell
does not think that the tax rate should be any higher than $0.505. Although it will be challenging and
painful the Council and Staff need to look at creative ways to save money. Had Council been able to
implement a Citizen Financial Committee to do a salary survey perhaps the budget could have been
reduced.
Motion made by Mayor Pro Tem Rose, seconded by Council member Hoover, to approve an Ordinance
adopting and approving the Budget for the fiscal year beginning October 1, 2010, and ending September
30, 2011 at the tax rate of $.515 (Example 1).
Mayor Pro Tem Rose stated that he can stand before the citizens and tell them that this budget is the
most effective and efficient budget and that this Council and Staff have worked very hard to get to this
figure.
Council member Hoover does not like to see a tax increase however; when looking down the road at
infrastructure, the PID and the Park Bond this tax increase is not near enough.
Mayor White stated that all have worked very hard on the budget and some of the challenges have
caused this process to be misleading and confusing. White feels that the budget will work this year but all
Town Council 135 of 180 Meeting Date: November 15, 2010
will have to work really hard to cut some costs and generate some revenues. White commended the
Council for their diligent work with the Goals and Objectives.
Acting Town Manager Seidel appreciates the work that he, Council and Staff have put forth in the budget
and the collaborative effort. All should have a better understanding of the budget and process and this
should be a continual process.
Motion passed unanimously without further discussion.
9. 2010-520-T Consider and take appropriate action regarding an Ordinance fixing and
levying Municipal Ad Valorem Taxes for the Town for the fiscal year beginning October 1,
2010, and ending September 30, 2011.
Example 1 will reflect a tax rate of $0.515 and Example 2 will reflect a tax rate of $0.52. The tax rate of
$0.515 per $100 valuation in the Example 1 Ordinance provides resources of $120,138 above operating
expenditures. That amount may be designated to reserves for future use including $20,138 for vehicle
and equipment replacement and $100,000 for future projects or expenditures.
The tax rate of $0.52 per $100 valuation in the Example 2 Ordinance provides resources of $158,560
above operating expenditures. That amount may be designated to reserves for future use including
$58,560 for vehicle and equipment replacement and $100,000 for future projects or expenditures.
Motion made by Council member Hoover, seconded by Mayor Pro Tem Rose, moving that property taxes
be increased by the adoption of a tax rate of $0.515 (Example 1).
Motion passed unanimously with Rose, Cantrell, White and Hoover voting in favor.
10. 2010-521-T Consider and take appropriate action to ratify the property tax increase
reflected in the previously approved Town Budget for the fiscal year beginning October 1,
2010 and ending September 30, 2011.
In addition to adopting the budget and voting to set the tax rate, which we currently achieve via two (2)
different agenda items, Section 102.007 of the Texas Local Government Code provides that the adoption
of a budget that requires raising more revenue from property taxes than in the previous year also requires
a separate vote of the Council to ratify the property tax increase reflected in the budget. The vote to ratify
the property tax increase is in addition to and separate from the vote to adopt the budget or the vote to
set the tax rate required by Chapter 26 of the Tax Code, or other law.
Motion made by Mayor Pro Tem Rose, seconded by Council member Hoover, moving that the property
tax rate be increased by the adoption of a tax rate of $0.515, which is effectively a 9.6 percent increase in
the tax rate. (Example 1).
Motion passed unanimously with Rose, Cantrell, White and Hoover voting in favor.
11. 2010-522-T Consider and take appropriate action regarding a Resolution approving the tax
roll of the Denton Central Appraisal District (DCAD) and Tarrant Appraisal District (TAD)
for 2010.
Denton Central Appraisal District and Tarrant Appraisal District provides a certified tax roll to the Town of
Trophy Club annually which includes all taxable property within Trophy Club. State law requires that the
Town Council approve and accept such certified roll based on the adopted property tax rate. Once the
tax rate is adopted the Council will approve the attached resolution indicating which example in Exhibit B
Town Council 136 of 180 Meeting Date: November 15, 2010
relates to the adopted rate. Example 1 will reflect a tax rate of $.515 and Example 2 will reflect a tax rate
of $.52.
Motion made by Council member Hoover, seconded by Mayor Pro Tem Rose, to approve a Resolution
approving the tax roll of the Denton Central Appraisal District (DCAD) and Tarrant Appraisal District (TAD)
for 2010 at a tax rate of $.515 (Example 1).
Motion passed unanimously without further discussion.
12. 2010-523-T Consider and take appropriate action regarding the approval of a Resolution
repealing Resolutions 2008-12, 2009-12 and 2009-19 and adopting a new Resolution
appointing citizens and Council liaisons to serve Town Boards and Commissions; and
providing an effective date.
This Resolution repeals prior resolutions appointing residents to serve on Town Boards and Commissions
and designating Council members to serve as Liaisons to those Boards and Commissions.
2010 Annual Appointment Board Recommendation Summary:
EDC 4A
A majority of EDC4A candidates are in support of JD Harvey remaining in his position as does staff. The
EDC4A President, JD Harvey, interviewed the candidates and recommends Neil Twomey and Bob Fair
for the vacant position.
EDC 4B
At the September 21, 2010 EDC 4B meeting, Director Sanders made the recommendation that EDC 4B
reappoint James Hicks and to also recommend Nicole Fontayne and Sean Weaver to the two vacant
positions; Director Bishop seconded. Motion carried unanimously.
Parks & Recreation Board
The Park Board voted to recommend Barbie Kadow and Steven Kohs be reappointed to their existing
seats and Dean Murray to fill Caryl Ann Jacobs seat as she did not reapply and James Hanna to be
recommended to the vacant seat.
Planning & Zoning Commission
It is recommended that James Stephens, Dennis Sheridan, and Mike Davidson be reappointed, each to a
term expiring September 2012. It is recommended that Gary Richert be appointed to fill the vacancy on
the Planning and Zoning Commission, to a term expiring September 2012. (Shannon, is this correct - 4
member of this board expire in the same year?)
Tree Board
Tree Board voted to recommend the reappointment of all existing candidates to their current seats and
that William Frey be recommended to fill a one year term to the seat vacated by Melissa Boclair.
ZBA
Board recommends Bob Radder for reappointment to a regular position, expiring September 2012. Board
recommends Elisabeth Kaylor for the vacant regular position, expiring September 2012. Board
recommends Robert (Bob) Fair and Jeannette Tiffany for alternate positions, expiring September 2012;
and Roger Williams for an alternate position, expiring September 2011.
Council member Cantrell and Mayor White appreciates everyone who submitted applications to serve.
Mayor Pro Tem Rose mentioned the list of candidates puts Dean Murray on three Boards and he can
only serve on two. Rose suggested that they accepted Mr. Murray’s indication of resigning from the Tree
Board at this time.
Mayor White shared that Council member Strother would like to remain as the Council Liaison to EDC 4B.
Council member Cantrell would like to serve on EDC 4A. Mayor Pro Tem Rose serves as the Parks and
Recreation as well as the TCMUD No. 1 Liaison. Rose stated there is no requirement of liaisons in the
handbook.
Town Council 137 of 180 Meeting Date: November 15, 2010
Motion made by Council member Cantrell, seconded by Mayor Pro Tem Rose, to approve an Resolution
repealing Resolutions 2008-12, 2009-12 and 2009-19 and adopting a new Resolution appointing citizens
as recommended by the Boards and Commission and to appoint Council member Cantrell as liaison to
EDC 4A, Council member Strother as liaison to EDC 4B, Council member Hoover as liaison to Parks and
Recreation Board and Mayor Pro Tem Rose to remain as liaison to TCMUD No. 1 as amended, removing
Dean Murray from the Tree Board.
Deputy Town Secretary Shannon DePrater read the appointments to each Board and Commission.
Motion passed unanimously with further discussion.
13. 2010-532-T Consider and take appropriate action regarding approving a Resolution
amending Resolution No. 2009-04, authorizing Town Adoption of a Unit through the
America Supporting Americans Program and Appointing a Liaison.
Bob Fair, Timothy Chamberlin and Judybelle Moates submitted applications for consideration.
Mayor White asked that this item be moved to the next meeting in order to give Council the opportunity to
discuss the applicants.
Motion made by Mayor Pro Tem Rose, seconded by Council member Cantrell to refer this Item to a future
meeting.
Motion passed unanimously with further discussion.
14. 2010-525-T Mayor and Council Updates regarding training opportunities, educational
sessions, and regional meetings; discussion of same.
Denton County Transportation Association - To Shape the Future of Transit in Denton County
held a Public Meeting last week at the BNHS and they had a good attendance. The A Train
should be in service in December.
Honor the Fallen of 9-11-2001 - NEVER FORGET / “Keeping the memories alive” Mayor White
said that this was amazing to have 70 people folding the flag. Bob Radder organized the event in
under 30 hours. White thanked those that showed up and participated.
Mayor Pro Tem Rose went to the Mayor’s meeting in Keller where he learned that the JPS
hospital has satellite offices in schools and is also participating in dental care.
Update only, no action taken.
15. 2010-526-T Items for Future Agendas.
Mayor Pro Tem Rose asked for an item on the October 4, 2010 Agenda allowing Council to discuss and
provide direction to the Parks Board to perform a study on recreational amenities fees for recreational
amenities. Rose would also like staff to provide a report on storm drainage fees and the amount charged
by other cities.
Council member Cantrell asked for an update on the PID.
EXECUTIVE SESSION
16. 2010-530-T Council to convene into executive session pursuant to Texas Government
Code, Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the
Town Council 138 of 180 Meeting Date: November 15, 2010
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a
public officer or employee:
(1) Resignation of Town Secretary/HR Manager, Lisa Hennek; and
(2) Potential search for a new Town Secretary/HR Manager; and
(3) Potential appointment of Interim Town Secretary/HR Manager; and
(4) Discussion regarding the hiring of the Town Manager
Council convened into Executive Session at 8:30 p.m.
Council reconvened into Regular Session at TIME 9:45 p.m.
RECONVENE INTO REGULAR SESSION
17. 2010-531-T Consider and take appropriate action regarding the Executive Session.
Motion made by Council member Cantrell, seconded by Council member Hoover to appoint Shannon
DePrater as the Interim Town Secretary and for the Acting Town Manager to proceed as directed.
Motion passed unanimously with further discussion.
Motion made by Mayor Pro Tem Rose, seconded by Council member Hoover to move forward with the
next ranked candidate.
Motion passed unanimously with further discussion.
ADJOURN
Motion made by Council member Hoover, seconded by Council member Cantrell to Adjourn.
Meeting adjourned at 9:50 p.m.
___________________________________ ________________________________
Shannon DePrater, Interim Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council 139 of 180 Meeting Date: November 15, 2010
Minutes dated September 27, 2010
10
From: J.D. Stotts < >
To: Connie White
Cc: Margi Cantrell
Sent: Sun Sep 26 15:23:04 2010
Subject: Upcoming tax rate vote
Mayor,
I am sorry I will miss this coming Monday's meeting. If you wish to pass this along to the other council
members I would appreciate it, though I do not think it needs to be read out loud at the meeting Monday
night, but it can be part of the record I guess.
As I stated last Monday night, I am willing to mildly tolerate a 3 to 4 cent tax hike and no more. A few
reasons:
1) We can do fine with 3 to 4 cents.
2) We have done no serious work to cut/lower costs yet.
3) This is not the right time to load down businesses and home owners with more taxes... yes, for the
average or below average tax value home it does not seem that much, but it does matter for those that
bring the average value up to $260k and for the businesses in this town who see an operating expense
go up (unless they are getting breaks I am unaware of).
Yes, we have costs coming on now with PID amenities, additional infrastructure, more homes, more
citizens and parks so we cannot have a free ride like we have had the past years when there was
no planning for obvious costs coming leaving it to future councils to work with few options. The idea put
forth after I left last Monday night (yes, I watched it online) of putting aside monies for specific future
capital expenses is great, but this is the wrong time in my mind as we have not done anything serious
with lowering expenses in my opinion.
Also, I question some of the "savings" of this current/past fiscal year. Reason I say this is I thought the
1.5 cents tax hike from last year, which gave us a total of 47 cents, was supposed to go toward adding to
town reserves/savings? Wasn't this the motivation? (I don't know all the answers here on this point, I am
asking questions for discussion.) If this was so, then us claiming some credit for now for trimming
expenses some to put money in reserves is a a bit dubious as we have only done what we were
supposed to do? Yes, I know existing home values have dropped, etc. which makes some of what has
been done seem more impressive, but I do not think we are world beaters just yet. So, in actuality then
the staff has run on the previous year's rate of 45.5 cents revenue, keeping costs in line with that, like
they said they would and have done well,...now we are going to go 51 cents and put in no reserves so in
effect we have a revenue hike of 5.5 cents this year to put toward the operating budget and no reserves?
If we go with 52.5 cents then it is an actual 7 cent increase? I don't know if we should be so quick to raise
rates more just because we have a max ceiling of 53.5 (which I did not agree with)...we now begin to look
more than a bit calculating as we try to scrape just under the rollback tax rates. Perhaps we should have
been more honest with ourselves and others and set the ceiling at 58 cents or higher (since many seem
to think we are going to get in that tax rate neighborhood next year anyway) and just do all the hikes now
and be done once and for all?
My desire still stands: As small a hike as possible and work on some serious expense cutting to stop the
tax hike merry go-round. Not easy, not fun, but it is the right thing to do for the citizens and businesses of
this town.
Thank you for your time and consideration.
Regards,
jd
Town Council 140 of 180 Meeting Date: November 15, 2010
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Meeting Date: November 15, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-614-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/8/2010 Town Council
On agenda:Final action:11/15/2010
Title:Consider and provide input regarding a Special Events Ordinance.
Attachments:Chief Special Events Ord memorandum.pdf
Special Events Ordinance.pdf
Action ByDate Action ResultVer.
Town Council 149 of 180 Meeting Date: November 15, 2010
File #: 2010-614-T, Version: 1
Title
Consider and provide input regarding a Special Events Ordinance.
Body
Over the past several months, Staff has worked to develop a Special Event Ordinance to better faciliate private events
within the Town. As the community has grown, the number of entities desiring to hold an event has increased
considerably. Due to the Town resources and personnel required, staff recommends that the Council consider adopting a
Special Event Ordinance that will outline proper procedures for entity to hold an event. The draft ordinance is a
collaboration between multiple departments, and staff seeks Council input and discussion regarding the draft copy.
Goal #1: Safe and secure community.
Maintain Trophy Club’s Low crime rate
Increase positive visibility through community policing initiatives
Provide superior Emergency Services
Increase citizen involvement
Goal #6: A vibrant, inclusive community with involved, caring residents
Provide superior customer services
Foster a well informed community
Promote and support active lifestyle
Develop expanded community involvement opportunities
Expand recreational opportunities for all ages
Town Council 150 of 180 Meeting Date: November 15, 2010
Town of Trophy Club
100 Municipal Drive
Trophy Club, Texas 76262
(682) 831-4600
Fax (817) 491-9312
MEMORANDUM
To: Mayor, Council, and Town Manager Date: November 11, 2010
From: Chief Kniffen Re: Special Event Ordinance
Over the past few years, we have seen an increase in events held in Trophy Club
and sponsored by outside entities that impact various Town departments. Issues
such as traffic control and public safety, of course, involve the Police and
Fire/EMS Departments but sanitation, trash pick up, street closures, or other use
of Town assets is also a concern. In anticipation of the possible need for an
ordinance related to special events, I began researching other towns and cities
policies and ordinances in the spring of 2010.
I asked the Texas Police Chiefs Association to use their email list to inquire of
other Chiefs whether or not their cities had special event ordinances and if they
would share them. I received sample ordinances or permit applications from
Arlington, Burkburnett, Corinth, Hutto, Kerrville, Rowlett, and San Angelo.
The draft special event ordinance has been discussed and amended by the
managers or representatives of departments that would more than likely be
impacted. The draft in your packet is a starting point for discussion purposes.
Town Council 151 of 180 Meeting Date: November 15, 2010
Purpose
The purpose of this chapter is to secure the general health, safety, and welfare for the
residents of the town by regulating the manner in which special events are conducted and
requiring compliance with minimum standards to ensure the safety of the attendees and
the citizens of Trophy Club.
Definitions
Applicant: A person who has filed a written application for a special event permit.
Block Party: The use of a street for a residential neighborhood function or event
where traffic control is required or which involves the temporary barricading of
one or more streets.
Block Party permit: Approval from the Town or its designated representative for a
social function.
Carnival: An event that includes amusement activities, rides, merry-go-rounds,
booths for the conduct of games of skill, food dispensary facilities, and side-
shows and/or a combination thereof.
Certified Law Enforcement Officer: An officer of the law who is legally certified to serve
as a law enforcement officer and who is currently employed as a peace officer in the State of
Texas.
Chief of Police: The Chief of Police of the Town of Trophy Club, Texas, or his or her
designated representative.
Circus: An event that includes performers, animals or other such means of
entertainment and is performed in the open, in a tent, or in any other temporary
structure, but does not include performances held inside a permanent building or
on government-owned property.
Concession: A facility at a special event where food or drink is offered to the public.
Director of Community Development: The Director of Community Development of
the Town of Trophy Club, Texas, or his or her designated representative.
Director of Street Services: The Director of Street Services of the Town of Trophy
Club, Texas, or his or her designated representative.
Fire Chief: The Fire Chief of the Town of Trophy Club, Texas, or his or her designated
representative.
Town Council 152 of 180 Meeting Date: November 15, 2010
Fire Marshal: The Fire Marshal of the Town of Trophy Club, Texas, or his or her
designated representative.
Licensee: The applicant/promoter or person to whom the parade or special event permit
has been issued.
Non-Profit Organization: An organization or entity that is exempt from the payment of tax
pursuant to Section 501 (c) (3) of the Internal Revenue Code.
Parade: The assembly of three or more persons whose gathering is the common design
and purpose of traveling or marching in procession from one location to another location
on a public thoroughfare or right-of-way for the purpose of advertising, fund raising,
promoting, celebrating, or commemorating a thing, person, date, or event or point of view
on political, religious or social issues. Parade shall include runs, walks, relays,
marathons, or similar events.
Parade participant:. A person who has agreed with, or has the permission of, the
permittee to participate in a parade.
Parade permit: Written approval from the Chief of Police or his designated
representative for a parade.
Permanent Structure: A structure for which a certificate of occupancy has been issued.
Permittee:. The person to whom a special event permit is granted pursuant to this article.
Person:. Any individual, sole proprietorship, assumed named entity, partnership,
association, corporation, organization or entity of any nature.
Permit: The Town of Trophy Club’s agreement giving the applicant/promoter
permission to hold the Special Event, on the terms and conditions stated in the Permit and
subject to the rules, regulations, and requirements of this Ordinance.
Permit Official: The Permit Official of the Town of Trophy Club, Texas, or his or her
designated representative.
Promoter: The person seeking to hold the special event, including the promoter’s
employees, agents, affiliates, successors, permitted assigns, and other persons controlled
by the promoter.
Public street.: The entire width of the publicly owned right-of-way.
Reimbursable Costs: All costs and expenses incurred by the Town for activities
associated with staging of the event, including, without limitation, the following:
Town Council 153 of 180 Meeting Date: November 15, 2010
(1) Utilities services provided to the special event, including all of the costs of
installation, maintenance, and connection.
(2) Barricades, cones, and message boards.
(3) Special Event parking.
(4) Food services inspection.
(5) Repair, maintenance and removal of facilities in the event of a failure of
applicant/promoter.
(6) Repair of streets, alleys, sidewalks, parks and other public property.
(7) Police protection.
(8) Fire protection.
(9) Emergency medical service.
(10) Garbage disposal and cleanup.
(11) Traffic control.
(12) Other direct costs associated with the special event or parade.
(13) Equipment including, but not limited to, bleachers, sound equipment,
tents, tables, and chairs.
Sidewalk: That portion of a street intended for the primary use of pedestrians that is
located between the curb lines, or lateral lines of a roadway, and the adjacent property
lines.
Special Event: A planned temporary aggregation of 50 or more people or an attraction
for a common purpose, including, but not limited to, street fairs, arts and crafts shows,
rallies, public entertainments, fun runs, block parties, parades, fireworks displays (on or
off public property) or other similar events or attractions, that:
(1) Are conducted primarily outdoors; and
(2) Interfere with the normal flow or regulation of pedestrian or vehicular
traffic; or
(3) Require special city services, including, but not limited to, street closure,
provision of barricades, refuse services, stages, special parking arrangements,
special electrical services or special police services or protection.
Town Council 154 of 180 Meeting Date: November 15, 2010
Special Event Permit Coordinator (Coordinator): The Permit Official or his or her
designee, will act as the Special Events Permit Coordinator and be responsible for
reviewing the initial special event or parade application, coordinating meetings between
the applicant/promoter and Town representatives, collecting special event permit fees,
and enforcing the Special Events Ordinance. The Coordinator shall chair the Special
Event Review Committee.
Special Event permit: Approval from the Town of Trophy Club or its designated
representative for a special event.
Special Event Review Committee (Committee): A committee consisting of a
representative from each of the following Town departments: Community Development,
Fire Parks & Recreation, Police, Street Services, and additional Town staff as determined
by the Coordinator upon review of the Special Event application.
Street: The entire width between the boundary lines of every way publicly maintained,
when any part thereof is open to the use of the public for purposes of vehicular traffic.
Street closure permit: Written approval from the Town or its designee authorizing
closure of a street.
Town. The Town of Trophy Club, Texas.
Town Manager. The Town Manager or the designated representative of the Town
Manager.
Town sponsored special event: A special event that the Town Council, by
resolution, has:
(1) declared the Town a sponsor or cosponsor of the event; and
(2) committed the Town to significantly sharing in planning, initiating,
financing, supporting, and conducting the event.
Applicability; exemptions
A. All special events, except those set forth in subsection (b) below, must conform to
all applicable provisions of this article.
B. The following events are exempt from the provisions of this article:
(1) Events which are officially sponsored by, the Town shall be exempted from
obtaining a special event permit;
Town Council 155 of 180 Meeting Date: November 15, 2010
(2) An event wholly contained on property specifically designed or suited for
the event and which holds a certificate of occupancy for such use including
adequate parking;
(3) Funeral processions.
Offenses and penalty
A. A person commits an offense if he commences or holds a special event without a
special event permit or with a special event permit that has expired or been revoked.
B. A culpable mental state is not required for the commission of an offense under
this section.
C. It is hereby determined that this article governs fire safety and public health and,
therefore, any person violating or failing to comply with any of the provisions of this
article shall be subject to the penalty as provided for in Section XXXX of this code.
Police protection; additional costs
A. The Chief of Police shall determine whether and to what extent additional police
protection is reasonably necessary for the special event for traffic control and public
safety. The Chief of Police shall base this decision on the size, location, duration, time
and date of the special event, and the need to detour or preempt citizen travel and use of
the streets and sidewalks. If possible, without disruption of ordinary police services or
compromise of public safety, regularly scheduled on-duty personnel will police the
special event. If additional police protection for the special event is deemed necessary by
the Chief of Police, he shall so inform the applicant for the special event permit. The
applicant then shall have the duty to secure the police protection deemed necessary by the
Chief of Police.
B. In the event the Committee determines, upon a review of the application, that a
special event may require the special attention and involvement of Town personnel or
facilities, the Coordinator of the Committee shall so notify the Committee and the
applicant. In such event, prior to the issuance of a special event permit, the applicant and
the Committee shall agree upon the cost of policing and cleaning, and the closure of
roads, and the applicant shall pay that amount to the Town upon application. Prior to the
issuance of a special event permit, the applicant shall agree in writing to pay any
additional costs to the Town incurred as a result of the special event within five (5) days
of the date upon which the Town informs the permittee of the amount of such additional
costs. Should the permittee not pay such additional costs, no future special event permits
shall be issued to the same permittee for a period not to exceed two (2) years. Nothing
herein shall preclude the Town from enforcing any legal or equitable remedy against the
permittee for recovery of such additional costs.
Notice to abutting property owners
Town Council 156 of 180 Meeting Date: November 15, 2010
The Committee shall have authority to require that the permittee send notices of the
special event to abutting property owners when, in the Committee’s judgment, the special
event is of a scope and nature that will impact those owners.
Applicant parking requirements
A. The applicant shall submit evidence that sufficient parking will be available to
accommodate the projected number of users with a ten-percent surplus. If said parking is
to be on private property adjacent to the special event, written evidence that the applicant
has a right of possession of said property through ownership, lease, license, or other
property interest must be provided. When the location is not an established parking area,
a plan shall be submitted which will show how the needed parking will be achieved and
arranged. The number of parking spaces and layout of the parking area, including aisle
widths, size of parking spaces and whether parking attendants will be provided shall be
included in the submittal.
B. When adequate parking is not available at, or immediately adjacent to, the site of
the special event, off-site parking may be used. Plans shall be submitted which will show
how off-site parking and transfer of attendees will be accomplished. If off street parking
is not available, parking during the event shall be limited to one side of the street.
Town authority over parking
The Town shall have the authority, when reasonably necessary as determined by the
police department, to prohibit or restrict the parking of vehicles along a street or highway
or part thereof adjacent to the site of the special event. The Town shall post signs to such
effect, and it shall be unlawful for any person to park or leave unattended any vehicle in
violation thereof.
Amusement rides
Rides and/or attractions associated with special event shall conform to the statutory rules
and regulations set forth in chapter 2151 of the Texas Occupations Code, designated the
“Amusement Ride Safety Inspection and Insurance Act,” as amended.
Hours of operation
A special event may be conducted only between the hours of 7:00 AM and 10:00 PM
daily. The police department shall be responsible for enforcing this provision. The
Committee may waive the time limit on certain special events when good cause is
demonstrated by the applicant. Appeals of time limit restrictions may be made under
Section XXX hereof.
Tents and temporary structures
Town Council 157 of 180 Meeting Date: November 15, 2010
Any special event which includes the use of a stage, seating, tent, canopy, or other
temporary structure shall meet the requirements of the Town’s fire code and building
code except that a separate permit is not required when a special event permit has been
obtained. Fire lanes for emergency equipment must be provided and the site prepared in a
manner so as not to be a fire hazard as determined by the Fire Chief.
Food and beverage service
Where food or beverage service is provided or sold, said operation shall be in compliance
with all provisions of the food and food establishment ordinances of the Town, as well as
all other applicable state and local laws.
Sanitary facilities
Unless indoor facilities are provided by the applicant, a minimum of two (2) portable-
type sanitary facilities must be provided on the premises. Additional units may be
required if determined to be necessary by the Town Manager.
Animal waste
Waste from animals used in any such special event shall be removed daily from the
grounds. Removal of animal waste is the sole responsibility of the permitee. Should
animals be kept within the Town limits at night, they shall be kept not less than three
hundred (300) feet from any developed residential or commercial districts.
Water usage and disposal of wastewater
A. Any special event or related activity desiring use of water from the Municipal
Utility District 1 (MUD 1) water system must coordinate with the utilities department to
obtain a temporary meter. Deposit for the meter and payment for water used shall be in
accordance with ordinances of the MUD 1.
(b) The applicant shall submit a plan for the disposal of wastewater, and the plan shall
be approved by the MUD 1.
Waste collection and solid waste dumpster
The applicant shall make appropriate arrangements for the collection of all waste
resulting from such special event, and commercial solid waste dumpsters must be
provided on site at all outdoor special events. The applicant shall make arrangements for
the provision of such dumpsters with a commercial solid waste disposal company
currently having a franchise agreement with the Town.
Loudspeakers
Town Council 158 of 180 Meeting Date: November 15, 2010
When loudspeakers will be used in conjunction with the special event, the location and
orientation of speakers shall be indicated along with the planned hours of use. Speakers,
which are positioned so as not to adversely affect an adjacent residential district, may be
used between the hours of 7:00 AM and 10:00 PM, when a special event permit has been
obtained. The Committee may modify the time limit for use of such speakers when good
cause is demonstrated by the applicant. In any event, the permittee shall comply with the
Town noise ordinance found in Chapter XX, Section XXX of the Code of Ordinances.
Signage
Signage used in accordance with the special event shall comply with the sign regulations
of the Town under the provisions of the sign ordinance found in Chapter XX, Section
XXX of the Code of Ordinances. Signs advertising the special event or directing
potential customers to the special event site are expressly prohibited in the Town rights-
of-way.
Permit
Required
It shall be unlawful for any person to conduct a special event without first having
obtained a special event permit from the Town.
Application; fee
A. A person seeking a special event permit shall file an application with the Permit
Official upon forms provided by the Town, which shall be accompanied with an
application fee of $75.00. In appropriate circumstances, the Committee shall have the
authority to lower or waive the fee. Governmental agencies, public schools, and non-
profit organizations shall be exempt from the application fee.
B. The Committee shall ensure that other licenses and permits, restrictions,
regulations, fees for the city services, safeguards or other conditions deemed necessary by
individual Town departments for the safe and orderly conduct of a special event be
requested, submitted and approved before the special event permit is granted (e.g., health
permit applications, agreement with the police department for police coverage, agreement
with the public works department regarding costs associated with street closures,
agreement with the parks and recreation department for the use of any park facilities).
Application filing period
A. Applications for a special event permit shall be filed not less than thirty (30) days
before the special event is to begin.
Town Council 159 of 180 Meeting Date: November 15, 2010
B. Late applications, where good cause is shown and subject to the standards
promulgated in Section XXX, may be considered when filed after the deadline prescribed
in subsection A., above.
Contents of application
The applicant for a special event permit shall set forth as a minimum the following
information:
A. The name, address, and telephone number of the person seeking to conduct the
special event;
B. If the special event is to be held for or by an organization, the name, address and
telephone number of the headquarters of the organization and name and address of the
authorized representative(s) of such organization;
C. If the special event is to be held by or for any person other than the applicant, the
applicant shall file a written statement from that other person showing authority to make
the application;
D. The name, address, and telephone number of the person who will be the special
event chairman and who will be responsible for its conduct;
E. The proposed location and parking areas for the special event;
F. The approximate number of people who will be attending and, if applicable, the
number and types of animals and vehicles which will constitute such special event;
G. The location, size and number of stages, seating, tents, awnings, canopies, food
service booths, first aid stations, portable restrooms or other temporary structures shall be
shown;
H. If food or beverages will be served or sold, include copies of any licenses or
permits issued by the appropriate agencies for such vendors;
I. Details for any planned signage shall be included;
J. When loudspeakers will be used, the location and orientation of those speakers
shall be shown;
K. The date(s) and time(s) the special event will start and terminate;
L. The time at which on-site activities in preparation for the special event will begin;
M. The proposed location of entrances and exits and a plan of evacuation in case of
emergency;
Town Council 160 of 180 Meeting Date: November 15, 2010
N. If any portion of the special event is to be held on private property, including
parking, written permission for the holding of the special event or parking from the
owner of the property or his authorized representative;
O. Copies of permits and agreements with all applicable Town departments, county
officials or state agencies shall be included with the application for a special event
permit;
P. If required as set forth in Section XXX, a copy of a certificate of insurance that
complies with the requirements set forth in such section;
Q. If required as set forth in Section XXX, a copy of the surety bond that complies
with the requirements set forth in such section; and
R. Any other information which the Committee shall find necessary under the
standards for issuance.
Standards for issuance
A special event permit will be issued if, upon review, the Committee finds that the
applicant has complied with all safety regulations, if any, required under Section XXX
and that the special event will be conducted in such a way that:
A. It will not substantially interrupt the safe and orderly movement of traffic near its
location or route;
B. It will not require the diversion of so great a number of police officers to properly
police the special event location or line of movement and the adjacent areas as to unduly
interfere with the normal protection for the Town;
C. It will not require the diversion of so great a number of fire protection or
emergency medical services (EMS) personnel so as to unduly interfere with the provision
of these services to portions of the Town other than that to be occupied by the special
event and adjacent areas;
D. It will not unduly interfere with the efficient response movement of firefighting
equipment and services en route to a fire;
E. The concentration of people, animals, and vehicles at assembly points and during
the event will not unduly interfere with proper fire, EMS, and police protection to areas
near such special event;
F. It is not likely to cause injury to persons or property;
G. There will be adequate sanitation and other required health facilities made
available in or adjacent to any public assembly areas; and
Town Council 161 of 180 Meeting Date: November 15, 2010
H. There are sufficient parking places on the site of the special event to
accommodate the number of vehicles reasonably expected to be parked in accordance
with Section XXX, or the applicant has made adequate arrangements for off-site parking
and transfer of attendees.
Denial or revocation
A. The Committee may deny a special event permit if:
1. The special event will conflict in time and location with another special
event, parade or assembly for which a permit has already been granted;
2. The applicant fails to comply with or the special event will violate an
ordinance of the Town or any other applicable law;
3. The applicant makes or permits the making of a false or misleading
statement or omission of material fact on an application for a special event permit;
4. The applicant has been convicted of violating this article, has had a special
event permit revoked within the preceding twelve (12) months, or has failed to
pay any additional costs assessed by the Town for a previous special event within
the previous two (2) years;
5. The applicant fails to provide proof of a license or permit required by this
article or another Town ordinance or by state law;
6. The special event, in the opinion of one (1) or more Town departmental
directors, would unduly hinder or compromise the delivery or performance of
normal services, including previously scheduled construction or maintenance
services, or emergency services, or constitutes a public threat;
7. The applicant is unable or unwilling to provide any required insurance or
surety bonds that may be required under this article;
8. The applicant is unable or unwilling to pay any additional costs as may be
required by the Committee;
9. The applicant fails to submit a complete application or fails to provide any
additional information requested by the Committee; or
10. The proposed date or time for the special event or the location of the
special event or parking for such special event would unduly interfere with or
disrupt the educational activities of a school when such school is in session.
B. A special event permit shall be revoked upon the following conditions:
Town Council 162 of 180 Meeting Date: November 15, 2010
1. In the event that a member of the Committee finds that any of the
provisions of this article, another Town ordinance, or state law is being violated,
they shall immediately notify the Town Manager, and the special event permit
issued hereunder shall be revoked;
2. When, in the judgment of the above-named officials, a violation exists
which requires immediate abatement, they shall have the authority to revoke a
special event permit in the absence or unavailability of the Town Manager; or
3. The applicant made or permitted to be made a false or misleading
statement or omission of material fact on an application for a special event permit.
Liability insurance
A. When a special event is partially or fully contained on the Town rights-of-way,
the applicant for a special event permit shall furnish the Coordinator with a certificate of
insurance complying with standards established by the Town’s risk manager.
B. The Committee shall have the right to lower, waive, or increase the public
liability insurance limits based upon the type of special event, equipment, machinery,
location, number of people or animals involved and other pertinent factors or risks
associated with the special event.
C. An applicant shall have the right to show cause why the insurance requirement
should be reduced or waived and to present such request to the Committee. Upon receipt
of such request, the Committee shall consult with the Town’s risk manager or his or her
designee. The Committee shall respond to an applicant’s request for lower insurance or
waiver within five (5) days from the date of the request.
D. If a mutually agreeable insurance limit cannot be agreed upon, the application
shall be considered denied.
Indemnification
When a special event or parking attendant to such special event is partially or fully
contained on Town property, applicants shall sign an agreement to indemnify and hold
harmless the Town, its officers, employees, agents, and representatives against all claims
of liability and causes of action resulting from injury or damage to persons or property
arising out of the special event.
Surety bond
A. When a special event is partially or fully contained on Town property, a surety
bond shall be deposited with the Town in the amount of ten thousand dollars
($10,000.00), conditioned that no damage will be done to the Town property, streets,
sewers, trees, or adjoining property and that no paper, litter, or other debris will be
Town Council 163 of 180 Meeting Date: November 15, 2010
13
Notice of denial; appeals
The Committee shall act upon a complete application for a special event permit within
seven (7) days after the filing thereof. If the Committee does not approve the application,
they shall mail to the applicant a notice of this action, stating the reasons for the denial of
the application. Any person aggrieved shall have the right to appeal the denial to the
Town Manager by filing a notice of appeal with the Town Secretary within five (5) days
after receipt of the notice of denial. The Town Manager shall hear the appeal as soon as
practicable, and his or her decision shall be final.
Duration
The duration of the special event permit granted under the terms of this article shall not
exceed a period of three (3) days.
Town Council 164 of 180 Meeting Date: November 15, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-556-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/6/2010 Town Council
On agenda:Final action:10/18/2010
Title:Staff presentation and update regarding the Roundabout; discussion of same.
Attachments:Memo - TNP - Roundabout Intersection.pdf
Action ByDate Action ResultVer.
Town Council 165 of 180 Meeting Date: November 15, 2010
File #: 2010-556-T, Version: 1
Title
Staff presentation and update regarding the Roundabout; discussion of same.
Body
Staff presentation and recommendation on Roundable options for intersection of Trophy Lake and Trophy Club Drives.
Presenter: Tom Rutledge, Town Engineer, Teague Nall and Perkins
Goal # 3: Community with shared vision
Forge collaborative relationships with other governmental/public entities
Create a positive regional identity
Goal #4: Picturesque Town
Maintain neat and tidy appearance
Improve property maintenance standards
Be recognized for our aesthetics
Goal #5: A community in which the infrastructure supports its residents
Develop a realistic Capital Improvement Plan
Build a premier parks system
Attracts visitors to park destinations
Provide necessary resources to maintain all improvements, new and existing
Town Council 166 of 180 Meeting Date: November 15, 2010
T
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100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-615-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/8/2010 Town Council
On agenda:Final action:11/15/2010
Title:Town Manager Slye's update regarding the following; discussion of the same:
- Initial assessment and first impressions of Trophy Club
- Town Survey Update
- Update on the CAPP Utility Contract
- Posting of the Town Secretary Position
- ICSC Conference November 17 - 19, 2010
Attachments:
Action ByDate Action ResultVer.
Town Council 170 of 180 Meeting Date: November 15, 2010
File #: 2010-615-T, Version: 1
Title
Town Manager Slye's update regarding the following; discussion of the same:
- Initial assessment and first impressions of Trophy Club
- Town Survey Update
- Update on the CAPP Utility Contract
- Posting of the Town Secretary Position
- ICSC Conference November 17 - 19, 2010
Body
Goal #6: A vibrant, inclusive community with involved, caring residents
Provide superior customer services
Foster a well informed community
Promote and support active lifestyle
Develop expanded community involvement opportunities
Expand recreational opportunities for all ages
Town Council 171 of 180 Meeting Date: November 15, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-616-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/8/2010 Town Council
On agenda:Final action:11/15/2010
Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional
meetings; discussion of same.
Attachments:
Action ByDate Action ResultVer.
Town Council 172 of 180 Meeting Date: November 15, 2010
File #: 2010-616-T, Version: 1
Title
Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of
same.
Body
- Neighbors Helping Neighbors
- Best of Northwest Expo
- Heart of North Texas Business Conference
Goal #6: A vibrant, inclusive community with involved, caring residents
Provide superior customer services
Foster a well informed community
Promote and support active lifestyle
Develop expanded community involvement opportunities
Expand recreational opportunities for all ages
Town Council 173 of 180 Meeting Date: November 15, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-617-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/8/2010 Town Council
On agenda:Final action:11/15/2010
Title:Items for Future Agendas.
Attachments:Future Agenda Items List.pdf
Action ByDate Action ResultVer.
Town Council 174 of 180 Meeting Date: November 15, 2010
File #: 2010-617-T, Version: 1
Title
Items for Future Agendas.
Body
Goal #6: A vibrant, inclusive community with involved, caring residents
Provide superior customer services
Foster a well informed community
Promote and support active lifestyle
Develop expanded community involvement opportunities
Expand recreational opportunities for all ages
Town Council 175 of 180 Meeting Date: November 15, 2010
Town of Trophy Club Town Council Future Agenda Items List
1. Item to receive a report from Acting Town Manager regarding an update on the
Comprehensive Land Plan. (Edstrom, 10/20/08 & Strother, 10/19/09)
2. Consider and take appropriate action regarding the creation of a Citizen’s Financial
Advisory Board. (Rose, 12/7/09)
3. Consider and take appropriate action regarding an Ordinance amending Chapter 3
of the Code of Ordinances entitled "Buildings and Construction" of Article XV,
entitled "Swimming Pools. (Rose, 2/1/10)
4. Consider and take appropriate action regarding procurement policies and their
alignment with State statutes. (Rose, 2/1/10)
5. Consider and take appropriate action regarding placing policies and procedures
access on the Town web site. (Rose, 2/1/10)
6. Consider and take appropriate action regarding noise regulations for Oil and Gas
Well Drilling and Production (Rose, 4/26/10)
7. Staff update regarding Marshall Branch Creek area located North of HWY114;
discussion and action of the same. (Stotts, 6/21/10)
8. Staff update regarding the loop road and a report from the engineer firm hired by
the County. (Stotts, 6/21/10)
9. Parks Board to provide a recommendation to the Council regarding recreational
amenities fees for recreational amenities. Council discussion and action. (Rose,
9/27/10) A recommendation is tentatively scheduled to come back to the Council
on November 15, 2010.
10. Presentation and audit update by David Taussig on the Highlands of Trophy Club
PID No. 1. (Rose, 9/27/10) Tentatively scheduled to be presented to the Council on
December 6, 2010.
11. Presentation and 10-year plan from Dr. Walker on Trophy Club Park. (Stotts,
10/4/10)
12. Specific proposal from staff regarding the amenity lakes including associated costs
to accept the amenity lakes and trail system from the developer. (Stotts, 10/4/10)
13. Analysis of the pool fees and pool usage. (White, 11/1/2010)
Town Council 176 of 180 Meeting Date: November 15, 2010
Supplemental
Information
Town Council 177 of 180 Meeting Date: November 15, 2010
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1 2 0 0 0 1 2 2 0
1
9
Eq
u
i
p
m
e
n
t
S
e
r
v
i
c
e
8
5
6
12
19
10
7
9
8
10
94
In
f
o
r
m
a
t
i
o
n
3 3 5 7 3 7 4 8 3
0
4 3
Cr
i
m
i
n
a
l
M
i
s
c
h
i
e
f
5 1 3 5 4 2 3 3 5
4
3 5
Mi
s
s
i
n
g
P
e
r
s
o
n
0 0 0 1 0 0 1 0 1
1
4
Op
e
n
D
o
o
r
12
10
8
11
14
11
8
9
7
17
107
Ar
r
e
s
t
13
17
20
12
12
13
11
11
8
6
123
St
o
l
e
n
V
e
h
i
c
l
e
0 0 0 0 0 0 0 0 0
0
0
As
s
i
s
t
C
i
t
i
z
e
n
3 7 6 9 6 2 2 6 3
2
4 6
As
s
i
s
t
O
f
f
i
c
e
r
72
70
69
57
64
54
69
57
50
46
608
Ci
t
y
O
r
d
.
V
i
o
l
a
t
i
o
n
16
8
20
19
10
17
8
12
9
30
149
Ci
v
i
l
S
t
a
n
d
b
y
4 0 0 0 1 2 1 2 1
1
1 2
Cr
i
m
i
n
a
l
T
r
e
s
p
a
s
s
0 1 3 1 0 1 2 1 3
2
1 4
Fo
l
l
o
w
U
p
21
11
11
6
5
8
11
5
16
9
103
Fo
r
g
e
r
y
4 2 4 0 2 2 2 2 3
0
2 1
Ki
d
n
a
p
p
i
n
g
0 0 0 0 0 0 0 0 0
0
0
Ha
r
a
s
s
m
e
n
t
1 1 1 2 0 2 2 3 0
3
1 5
Pr
e
m
i
s
e
C
h
e
c
k
11
9
13
4
15
9
12
8
11
1
11
8
11
0
14
9
13
1
12
3
1282
Ru
n
a
w
a
y
1 1 0 1 0 0 1 0 2
0
6
Sp
e
c
i
a
l
A
s
s
i
g
n
m
e
n
t
22
25
21
24
27
19
13
9
14
37
211
Su
i
c
i
d
e
/
T
h
r
e
a
t
0 2 0 2 0 1 1 0 1
0
7
Su
r
v
e
i
l
l
a
n
c
e
1 0 0 0 1 0 0 1 0
0
3
Tr
a
f
f
i
c
D
e
t
a
i
l
2
12
8
18
17
15
9
11
11
14
117
Tr
a
i
n
i
n
g
5 10
16
6
6 1 15 5
0
2
66
Wa
r
r
a
n
t
S
e
r
v
i
c
e
2 2 1 1 1 0 0 0 0
0
7
Wr
i
t
e
R
e
p
o
r
t
11
19
11
17
8
10
18
15
15
12
136
Cr
i
m
e
P
r
e
v
e
n
t
i
o
n
1 4 8 3 0 3 2 9 6
7
4 3
De
l
i
v
e
r
P
a
c
k
e
t
s
40
21
45
48
45
30
46
12
30
39
356
To
w
n
Co
u
n
c
i
l
17
9
of
18
0
Me
e
t
i
n
g
Date: November 15, 2010
Fo
o
t
P
a
t
r
o
l
48
44
45
56
80
57
46
57
66
72
571
Ho
u
s
e
/
B
u
s
i
n
e
s
s
C
h
e
c
k
97
14
2
14
5
11
6
13
7
10
5
12
6
15
6
13
6
10
1
1261
Na
r
c
o
t
i
c
s
V
i
o
l
a
t
i
o
n
5 3 9 3 0 3 1 0 2
3
2 9
Te
r
r
o
r
i
s
t
i
c
T
h
r
e
a
t
2 0 1 1 2 1 0 4 3
0
1 4
Cr
i
m
e
s
A
g
a
i
n
s
t
C
h
i
l
d
r
e
n
0 1 1 2 1 0 0 0 1
2
8
Wa
r
r
a
n
t
I
n
d
i
c
a
t
e
d
1 2 2 0 1 0 1 0 1
0
8
As
s
i
s
t
M
o
t
o
r
i
s
t
5
7
12
10
12
10
3
6
5
8
78
Ve
h
i
c
l
e
C
o
m
p
l
a
i
n
t
1 0 6 8 6 3 6 5 6 7
8
6 5
As
s
i
s
t
O
t
h
e
r
A
g
e
n
c
y
5
8
14
12
9
17
6
6
10
14
101
Ju
v
e
n
i
l
e
C
o
m
p
l
a
i
n
t
1 5 5 2 5 5 8 1 6 6 2
4
6 8
Sc
h
o
o
l
R
e
l
a
t
e
d
76
64
69
74
62
14
0
21
74
63
517
91
1
H
a
n
g
U
p
3 6 2 7 2 1 1 1 1
3
2 7
Ad
m
i
n
D
u
t
y
65
77
81
77
82
86
84
73
64
10
1
790
Id
e
n
t
i
t
y
T
h
e
f
t
0 2 1 1 2 1 1 0 2
0
1 0
We
l
f
a
r
e
C
o
n
c
e
r
n
9
10
12
7
7
11
8
11
11
10
96
Cl
o
s
e
P
a
t
r
o
l
s
58
9
43
7
14
8
36
5
80
9
61
7
60
6
39
9
32
3
39
9
4692
To
t
a
l
N
u
m
b
e
r
o
f
C
a
l
l
s
1,
6
8
4
1,
5
6
4
1,
4
0
9
1,
5
7
3
2,
0
4
1
1,
6
6
4
1,
6
3
0
1,
5
0
2
1,
4
5
2
1,
6
9
0
0
0 16,209
To
w
n
Co
u
n
c
i
l
18
0
of
18
0
Me
e
t
i
n
g
Date: November 15, 2010