Agenda Packet TC 10/18/2010Town Council
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom7:00 PMMonday, October 18, 2010
Call to order and announce a quorum.
Invocation
Pledges:
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one
and indivisible."
Citizen Presentations:
This is an opportunity for citizens to address the Council on any matter whether or not it
is posted on the agenda. The Council is not permitted to take action on or discuss any
presentations made to the Council at this time concerning an item not listed on the
agenda. The Council will hear presentations on specific agenda items prior to the
Council addressing those items. You may speak up to three (3) minutes or the time limit
determined by the Mayor or presiding officer. To speak during this item you must
complete the Speaker's form that includes the topic(s) of your statement. Topics of
presentation should be limited to matters over which the Council has authority.
1.2010-550-T Consider and take appropriate action regarding a Proclamation recognizing Wanda
Franklin for her service to the Town of Trophy Club as the America Supporting
Americans Liaison.
Proc 2010-10 Recognition of Wanda Franklin.pdfAttachments:
2.2010-554-T Present outgoing Town Board and Commission members with Certificates of
Appreciation; discussion of same.
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.
3.2010-534-T Consider and take appropriate action regarding the Minutes dated August 30, 2010.
August 30 2010 Minutes.pdfAttachments:
Town Council 1 of 175 Meeting Date: October 18, 2010
October 18, 2010Town Council Meeting Agenda
4.2010-513-T Consider and take appropriate action regarding the Minutes dated September 9, 2010.
September 9 2010 Minutes.pdfAttachments:
5.2010-569-T Consider and take appropriate action regarding an interlocal agreement between the
Town and Tarrant County Emergency Services District No. 1 to provide Emergency
Medical Services to a designated service area, and authorizing the Mayor or her
designee to execute all necessary documents.
Tarrant Co Emergency Medial Services Contract.pdfAttachments:
REGULAR SESSION
6.2010-532-T Consider and take appropriate action regarding a Resolution amending Resolution No.
2009-04 authorizing Town Adoption of a Unit through the America Supporting
Americans Program by appointing a new ASA Liaison.
Res. 2010-23 ASA Liaison Designation.pdfAttachments:
7.2010-552-T Consider and take appropriate action regarding an Ordinance adopting an amendment
to the Code of Ordinances by adding Article XIV, entitled "General Offenses" to Chapter
10 entitled "Public Safety" of the Code in order to prohibit the use, sale, possession
and/or delivery of certain smoking products and materials, including K2, providing a
penalty for a violation; and providing an effective date.
Chief K2 memorandum.pdf
Ord 2010-29 Prohibiting K-2.pdf
DEA Resources, Microgram, March 2009.pdf
EWS 000006.pdf
K2 Pictures.pdf
Salvia NDIC.pdf
Attachments:
8.2010-571-T Consider and take appropriate action regarding a Code of Conduct/Ethics Ordinance
and the establishment of an Ethics Commission.
DRAFT - Ethics Ordinance.pdf
DRAFT - Financial Disclosure Statement.pdf
Ord. 2010-XX Draft Ethics Ordinance - Compliance with State law.pdf
Attachments:
9.2010-527-T Consider and take appropriate action regarding the creation of a Citizen’s Financial
Budget Board.
DRAFT - CFAB Ordinance.pdfAttachments:
10.2010-570-T Consider and take appropriate action regarding financial and variance report for
September 2010 (Preliminary).
Preliminary September 2010 Monthly Financial Statements.pdfAttachments:
Town Council 2 of 175 Meeting Date: October 18, 2010
October 18, 2010Town Council Meeting Agenda
11.2010-553-T Consider and take appropriate action regarding the dates for the regularly scheduled
meetings for the remainder of 2010 and the potential scheduling of regular work
sessions.
Calendar.pdf
Meeting Schedule Backup.pdf
Attachments:
12.2010-579-T Finance Director DuBose's update regarding the following; discussion of the same.
1. Financial Software Implementation
2. Economic Dashboard on Town's Website
13.2010-557-T Mayor and Council Updates regarding training opportunities, educational sessions, and
regional meetings; discussion of same.
14.2010-558-T Items for Future Agendas.
Future Agenda Items List.pdfAttachments:
This item allows Council to request the placement of items on upcoming agendas when
the topic of discussion requires research and review that cannot be accomplished in the
time frame between regular Council meetings. However, a Council Member may
request that an item be placed on the next regularly scheduled meeting without first
placing that item on the Future Agenda Items list. All requests for agenda items must
comply with Charter requirements.
EXECUTIVE SESSION
15.2010-559-T Council to convene into executive session pursuant to Texas Government Code,
Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of
a public officer or employee:
(1) Town Manager Employment Agreement with Mr. Mike Slye
RECONVENE INTO REGULAR SESSION
16.2010-555-T Consider and take appropriate action regarding the Employment Agreement to engage
the services of Mr. Mike Slye as Town Manager.
ADJOURN
* The Town Council may convene into executive session to discuss posted items as
allowed by the Texas Open Meeting Act, LGC.551.071
Town Council 3 of 175 Meeting Date: October 18, 2010
October 18, 2010Town Council Meeting Agenda
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, October 15, 2010 by
6:00 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 4 of 175 Meeting Date: October 18, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-550-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:Consider and take appropriate action regarding a Proclamation recognizing Wanda Franklin for her
service to the Town of Trophy Club as the America Supporting Americans Liaison.
Attachments:Proc 2010-10 Recognition of Wanda Franklin.pdf
Action ByDate Action ResultVer.
Town Council 5 of 175 Meeting Date: October 18, 2010
File #: 2010-550-T, Version: 1
Title
Consider and take appropriate action regarding a Proclamation recognizing Wanda Franklin for her service to the Town of
Trophy Club as the America Supporting Americans Liaison.
Body
At the August 2, 2010 meeting, Council stated their desire to present a Proclamation to Wanda Franklin for her
volunteerism and leadership role as America Supporting Americans Liaison.
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 6 of 175 Meeting Date: October 18, 2010
TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION 2010-10
A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, TO RECOGNIZE TROPHY CLUB RESIDENT,
WANDA FRANKLIN FOR HER VOLUNTEERISM ON THE AMERICA
SUPPORTING AMERICANS COMMITTEE.
WHEREAS, the Adopt-a-Unit program was established by America Supporting
Americans; and
WHEREAS, to support those men and women in the Armed Services, on
February 16, 2009, the Town Council adopted Resolution No. 2009-03 adopting
unit/squadron of Delta FSC, 1-32 Cavalry, 1st Brigade Combat Team, 101st Airborne
Division (Air Assault) (hereinafter 101st Airborne Division); and
WHEREAS, Wanda Franklin has served tirelessly as Liaison to the America
Supporting Americans Committee from March 2009 until August 2010; and
WHEREAS, as the official primary liaison between the community of Trophy Club
and the 101st Airborne Division, Wanda Franklin collected much needed items for the
soldiers and organized shipments of those items to the brave soldiers of the 101st
Airborne Division; and
WHEREAS, the Town Council wishes to express their sincere gratitude and
appreciation to Wanda Franklin for her diligence and for giving the gift of her time in
support of the 101st Airborne Division on behalf of the Town of Trophy Club and its
residents;
NOW THEREFORE, BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the Town Council hereby officially recognizes the service of
Wanda Franklin as the America Supporting Americans Liaison and by adoption of this
Proclamation hereby publicly expresses its sincere gratitude and appreciation to Wanda
Franklin for her dedication and commitment.
Section 2. That the Town Council recognizes that it is only through the efforts
and accomplishments of residents like Wanda Franklin that Trophy Club is truly a great
place to call home.
Section 3. That this Proclamation shall become effective from and after its date
of passage in accordance with law.
Passed and approved by the Town Council of the Town of Trophy Club,
Texas, this 18th day of October 2010.
______________________________
Connie White, Mayor
Town of Trophy Club, Texas
ATTEST:
______________________________
Shannon DePrater, Interim Town Secretary
Town of Trophy Club, Texas
Town Council 7 of 175 Meeting Date: October 18, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-554-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:Present outgoing Town Board and Commission members with Certificates of Appreciation; discussion
of same.
Attachments:
Action ByDate Action ResultVer.
Town Council 8 of 175 Meeting Date: October 18, 2010
File #: 2010-554-T, Version: 1
Title
Present outgoing Town Board and Commission members with Certificates of Appreciation; discussion of same.
Body
Certificates of Appreciation to be presented to Outgoing members of Town Boards and Commissions.
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 9 of 175 Meeting Date: October 18, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-534-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 August 30, 2010.
Attachments:August 30 2010 Minutes.pdf
Action ByDate Action ResultVer.
Town Council 10 of 175 Meeting Date: October 18, 2010
File #: 2010-534-T, Version: 1
Title
Consider and take appropriate action regarding the Minutes dated August 30, 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 11 of 175 Meeting Date: October 18, 2010
MINUTES FROM BUDGET WORKSHOP/SPECIAL SESSION TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, August 30, 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, August 30, 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
TOWN COUNCIL MEMBERS ABSENT:
JD Stotts Council Member
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
Ed Helton Director of Street Services
Mayor White announced the date August 30, 2010 call to order and announce a quorum at 6:04
p.m.
Mayor White announced the absence of Council member Stotts.
WORK SESSION
1. 2010-442-T Town Council Budget Discussion; discussion of the same.
1. Compensation & Benefits (presentation attached)
2. Capital Planning
3. Survey on Legal Services (presentation attached)
Acting Town Manager Seidel stated that the last meeting focused on Parks & Recreation and Council will
focus on Compensation, Legal Services and Capital Planning at tonight’s meeting.
Finance Director DuBose first refreshed the Council on the Property Tax Rate and the two components
that comprise the Property Tax Rate, Operations and Maintenance and Debt Service. The Tax Rate that
would produce the same amount of tax if applied to the same properties taxed in both years is the
Town Council Minutes dated August 30, 2010
1
Town Council 12 of 175 Meeting Date: October 18, 2010
effective tax rate. Council reviewed the Rollback, Proposed Discussion Limit, Manager’s Proposed,
Effective and Current Tax Rates.
Property Tax - Trophy Club’s average Home Value in 2010 is $267,215. Every 1 cent tax rate provides
$77,000. Every 1 cent tax rate increase equals $27/year.
The Acting Town Manager Seidel proposed a budget that does not include a Cost of Living Adjustment
(COLA) increase, but does propose the addition of two holidays, estimated at $7,300 and for the Town to
absorb the employee’s portion of the Health Insurance increase of 11.5%, approximately $23,000.
Council confirmed that 2% COLAs were given in the past three years, but the last time merits were given
was in FY2007-08. Mayor White questioned why Trophy Club employees pay over two times the amount
for insurance compared to other cities’ average. Acting Town Manager Seidel explained that the Town
has a very good health plan and the Insurance Broker negotiates great rates without drastically reducing
the benefits. Rates are also considered based on claim data.
Council member Cantrell questioned if the Town could reduce their contribution to the Texas Municipal
Retirement System (TMRS). Staff explained that full-time employees are required to become members of
TMRS. Employee contributions equal 7% of their gross, which is tax deferred, and is matched 2:1 by the
Town. After 5 years of participation in TMRS, an employee is vested 100% in the Town's contributions.
Acting Town Manager Seidel stated that this is a factor in recruitment and that TMRS is one of the best
managed funds. Potential employees will look at the 2:1 match when considering working at Trophy
Club.
Mayor Pro Tem Rose said that he reviewed the Consumer Price Index for the area. The index shows
COLAs at 2.8, 3.8 and 4%, the 2% COLA does not even cover the increase, so inevitable the Town is
always behind. Acting Town Manager Seidel stated that the employees would appreciate a merit and/or
a COLA, however the employees are a very mature group and they understand that raises may not be in
the cards; therefore Staff is looking at different ways to make coming to work as an advantage.
Mayor Pro Tem Rose commented that there is a lot of red amongst the Fire Department personnel and
perhaps Council needs to consider a selective increase for this group. Rose said that TCMUD No. 1 is
planning a 2% COLA and 1% Merit. Mayor White stated that a comprehensive salary analysis does need
to be conducted. Acting Town Manager confirmed that there is no risk to service levels with having two
extra days off. Public Safety is on duty regardless of the holiday and there is an on-call group ready and
prepared to come in should the need arise. Seidel stated that the two additional holidays will fall on the
Wednesday before Thanksgiving and a day between Christmas and New Years.
Council member Cantrell clarified that the compensation and benefits proposal was recommended by the
Employee Action Committee (EAC). Community Development Director and EAC Chair, Carolyn Huggins
stated that not every employee was questioned and this was just a representation of the entire staff. All
thought this would be a great motivation and those with families were more enthusiastic than those
without. Staff clarified that the two additional holidays will be ongoing from here on out.
Mayor Pro Tem Rose stated that he has a strong sense that if there is no negative reason to migrate folks
at the bottom of the pay scale up to market standard; these folks need to be compensated. Acting Town
Manager Seidel stated that this is a bigger discussion as it involves a financial commitment from the
Council and this would take time to survey and actually calculate. Mayor Pro Tem Rose stated that he
sees too much red at the bottom and feels that red needs to be targeted.
Council member Hoover agreed that the salaries for the Fire and Police employees need to be targeted
and brought up. Mayor White stated that this is not something that can be resolved tonight; however
Council can decide on a certain amount that can be applied towards the disparity in salaries after Staff
has accurately evaluated a salary survey.
Council member Cantrell questioned the difference in the salary chart presented tonight from last week.
Finance Director DuBose stated that the handout represents three cities of the seven additional Texas
Town Council Minutes dated August 30, 2010
2
Town Council 13 of 175 Meeting Date: October 18, 2010
cities requested by Council. Four of the cities do not participate in the TML Survey. Cantrell stated that
the comparison needs to be of cities closer to Trophy Club in order to look at apples to apples, as Trophy
Club has different positions. DuBose explained that the survey is matched by job description not title.
Council member Strother stated that even if you compare similar cites they are still going to differ, if even
slightly. Some data will be a judgment call and Strother stated that he would defer to the Managers to
speak to as they are the ones with the knowledge and experience. Strother said that while salary is
important in retaining great employees, attitude and sense of appreciation is also important.
Mayor White, Mayor Pro Tem Rose and Council members Hoover and Strother agreed with the
Manager’s proposal of compensation and benefits at a minimum.
Mayor White acknowledged Council member Hoover who wanted to make some comments prior to the
beginning of the workshop. Council member Hoover stated he wanted to read a brief statement after the
somewhat contentious Executive Session last week. Hoover stated that the Council is in the people
business, not enforcement, billing, flying airplanes, selling of groceries or the IT business. The
outsourcing concept only works to reduce costs if you are small enough relative to the other party, and
you can get a reservoir of skills that you could not afford to maintain on your own. Pay-scales of
outsourced employees are significantly less than the Town’s. Outsourcing is not the way to control
employees; in fact you have lost control of the people who have worked for you. The first is not relevant
to the Town, as the Town is not going to hire illegal aliens or ship the Town’s business to India. So the
second thought is a non-starter. The last thought is more a reflection of the Town’s inability to control
costs and any way to improve service; just slashing at people and costs will not improve efficiency.
Hoover stated that the Council is the Board of a corporation for a service business and the result is all
about people, people on both sides of the fence, the residents and the staff. You cannot push a rope, you
have to lead and not push. Hoover stated that the Staff has done an excellent job presenting a budget to
the Council. The reality is that as a Council, we have less than a year to address four major impending
budget busters – the Parks and Recreation Operation and Maintenance Budget, due to the $5 million
Park Bond, the PID, the Police Department Building due to TCMUD No. 1 building a water tank where the
current Police Department Building is and drainage issues. We do have opportunities to generate a
synergic relationship with neighboring communities.
Council member Rose spoke in support of a 1% increase specifically looking at merit and targeting
specific positions. Council member Cantrell stated that she was hoping to give employees a 2% merit, but
doesn’t mean that it is distributed in April but rather on the employee’s anniversary date. Staff estimated
$37,000 for a 2% merit.
Acting Town Manager Seidel asked the Council to let Town Attorney Patricia Adams speak to legal
services prior to Capital Planning as it relates to compensation.
Town Attorney Adams gave an overview of her job duties. Adams handed out research information that
was gathered last year, but was not forwarded to the Council. Adams listed the cost per hour of legal
services performed by surrounding communities.
Council member Strother advised that the Council is just getting a subset of the services the Town
Attorney performs and some of these services will not get done if legal is outsourced. Strother stated that
Council is not going to be able to compare hard dollars and services will vary from community to
community. Strother asked the Council to consider in-house Legal from a liability standpoint, pay me now
or pay me later. Council member Hoover is opposed to outsourcing the Legal Department.
Council member Cantrell questioned why the cities Staff compared to the Town are larger than Trophy
Club. Cantrell does not disagree that Town Attorney Adams does a lot of work but would like to look at
this further and drill down deeper. Cantrell stated that the Council cannot keep doing what they are doing
and need to do something for the employees, without putting it on the backs of the tax payers.
Town Council Minutes dated August 30, 2010
3
Town Council 14 of 175 Meeting Date: October 18, 2010
Council member Strother questioned whether the risk analysis cost should be cut it in half. Eventually the
older homes will decrease in value and the effective tax rate will go up, Council needs to look at how to
get out of the box while maintaining the current level of service.
Mayor White stated that it would be useful to have a cost per resident for legal services. Finance Director
DuBose asked the Council to remember the cost per hour. Mayor White asked how Town Attorney
Adams calculated her billable hours and said that the Council needs to consider the risk of people not
being able to just stop by for and ask a legal question.
Acting Town Manager Seidel stated that Staff needs direction regarding the Capital Improvement
Projects. Mayor White stated that the Town does a great job on the streets but she does not have a good
comfort level that all the needs have been addressed over the next five years. Seidel stated that the
needs of the Administration Building and the Police Department have not been addressed; therefore the
$50,000 has been added for a facility study.
The Council discussed the elevated tank and that a needs assessment for the Police Department would
need to be completed again.
Council member Cantrell commented that the Council has talked a lot about innovative ways to cut the
budget, yet every suggestion has received resistance. Cantrell said that she is not an advocate on any
one particular idea.
Mayor White supports saving money; however in the past a bond issue was voted and passed. Then all
of the money was taken out of maintenance to keep the tax rate straight. White cautioned the Council not
to short change the Town’s future.
Acting Town Manager Seidel spoke to the drainage study, stating that perhaps Council complete the first
phase. The Staff can bring back a very comprehensive list in the spring for Council to consider a Bond or
several bonds.
Mayor Pro Tem Rose is not comfortable delaying action on the Streets. Finance Director DuBose
suggested funding as a Certificate of Obligation with the ability to refinance it. Total reconstruction of a
concrete street takes approximately 30 years and the debt would be structured for the life of the term.
Council member Strother is in favor of the pay as you go philosophy, however bonds are still necessary to
pay for things. Strother suggested partnering with the MUD on the drainage study as it takes a
coordinated effort and look at all water tank options.
Finance Director DuBose stated that the Town took over storm drainage in FY 2008 which is one of the
reasons the Town does not have a long-term plan as there have only had two years to plan for a study.
Mayor White stated that the Town took over the storm drains before 2008. Acting Town Manager Seidel
stated that the drains were originally transferred in 2007.
The Council took a five minute break and reconvened at 8:20 p.m.
The Invocation was offered by Council member Cantrell.
The Pledges were led by Council member Rose.
CITIZEN PRESENTATIONS:
Kim Quile, 350 Quorum - Spoke in support of keeping Legal Services in-house.
Dean Murray, 505 Glen Hurst – Spoke in support of keeping Legal Services in-house.
Town Council Minutes dated August 30, 2010
4
Town Council 15 of 175 Meeting Date: October 18, 2010
Town Council Minutes dated August 30, 2010
5
Susan Edstrom - 269 Oak Hill Drive – Encouraged the Council to have the Town Attorney present during
Executive Sessions. Edstrom asked the Council to look at all Capital Improvement Projects holistically
rather than each individually.
2. 2010-443-T Consider and take appropriate action regarding the Town Manager Search
Activities to include:
A. The interview process, scheduling of candidate interviews, and any related expenses;
B. Establishment of an Interview Panel and Council appointments to the Panel.
Gary Holland from The Mercer Group was in attendance.
Mayor White would like to have the candidates interview with the Council and then have an informal
reception composed of a resident/staff panel.
Council discussed paying the cost for airfare, should one of the candidates need to fly.
Council member Hoover feels the candidate should bring the spouse and Council member Strother said
the cost should not be that significant if the flight is booked now.
Mayor Pro Tem Rose confirmed the process as: interview, tour and meet with the resident group. Council
understood that the Candidates would interface with the Management Team and provide input to the
Council.
Chief Police Kniffen asked if Council was going to include the citizens in the interview portion and
suggested that the citizens not ask questions, only listen and provide input. Police Chief Kniffen asked if
the reception was to be formal or informal and said that residents may not have enough time to interact
with all three candidates and provide a fair assessment to Council.
Council member Cantrell understood that the citizens would be involved in the reception/social gathering
and not be involved in the interview. This Council was elected to hire the Town Manager and should be
held accountable. Mr. Holland suggested if Council asks citizens to be in the interviews, they only select
three to four citizens and allow them to observe, not ask questions.
Council member Cantrell said that she is committed to having a MUD Director and the MUD Manager
involved.
The Council discussed selection of the citizen panel and whether a listserv should be sent asking for
volunteers or if Council should just send names of the residents they would like on the panel to the Town
Secretary to compile a list.
The Council discussed possible dates for an interview and not pushing the date out too far so that they
don't risk losing a great candidate.
Mayor Pro Tem Rose feels the interview panel should be the Council
No action taken.
ADJOURN
Motion made by Rose, seconded by Hoover to adjourn. Meeting adjourned at 8:56 p.m.
___________________________________ ________________________________
Shannon DePrater, Interim Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council 16 of 175 Meeting Date: October 18, 2010
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Meeting Date: October 18, 2010
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Meeting Date: October 18, 2010
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Meeting Date: October 18, 2010
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Meeting Date: October 18, 2010
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Meeting Date: October 18, 2010
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Meeting Date: October 18, 2010
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Meeting Date: October 18, 2010
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Meeting Date: October 18, 2010
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27
of
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5
Meeting Date: October 18, 2010
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28
of
17
5
Meeting Date: October 18, 2010
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29
of
17
5
Meeting Date: October 18, 2010
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30
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5
Meeting Date: October 18, 2010
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31
of
17
5
Meeting Date: October 18, 2010
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Meeting Date: October 18, 2010
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Meeting Date: October 18, 2010
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Meeting Date: October 18, 2010
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Meeting Date: October 18, 2010
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Meeting Date: October 18, 2010
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Meeting Date: October 18, 2010
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Meeting Date: October 18, 2010
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of
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5
Meeting Date: October 18, 2010
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Meeting Date: October 18, 2010
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Meeting Date: October 18, 2010
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Meeting Date: October 18, 2010
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Meeting Date: October 18, 2010
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of
17
5
Meeting Date: October 18, 2010
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55
of
17
5
Meeting Date: October 18, 2010
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56
of
17
5
Meeting Date: October 18, 2010
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57
of
17
5
Meeting Date: October 18, 2010
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58
of
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5
Meeting Date: October 18, 2010
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59
of
17
5
Meeting Date: October 18, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-513-T Name:
Status:Type:Agenda Item Regular Session
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 9, 2010.
Attachments:September 9 2010 Minutes.pdf
Action ByDate Action ResultVer.
Town Council 60 of 175 Meeting Date: October 18, 2010
File #: 2010-513-T, Version: 1
Title
Consider and take appropriate action regarding the Minutes dated September 9, 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 61 of 175 Meeting Date: October 18, 2010
MINUTES FROM SPECIAL JOINT SESSION BETWEEN THE TOWN COUNCIL AND TCMUD No. 1
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Thursday September 9, 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 a Special Joint Session with Trophy Club
Municipal Utilities District No. 1 on Thursday, September 9, 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
TCMUD No. 1 MEMBERS PRESENT:
Jim Thomas President
Jim Moss Vice President
Kevin Carr Secretary/Treasurer
Bill Armstrong Director
Nick Sanders Director
STAFF AND GUEST(S) PRESENT:
Stephen Seidel Acting Town Manager
Robert Scott District Manager
Lisa Hennek Town Secretary
Mary Moore MUD Secretary
Patricia Adams Town Attorney
Danny Thomas Fire Chief
Scott Kniffen Police Chief
Kathy DuBose Finance Director
Mayor White announced the date of September 9, 2010, called to meeting to order and announced
a quorum at 7:02 p.m.
President Thomas announced a quorum for TCMUD No. 1.
JOINT SESSION
1. Receive update from Police Chief Kniffen regarding Town Manager search and discussion of
same.
Police Chief Kniffen provided the update, stated that the candidates and spouses would arrive on Friday
for the following - take a tour, meet with the Management Team, attend the reception on Friday evening
and then interview with the Council on Saturday.
Town Council Minutes dated September 9, 2010
1
Town Council 62 of 175 Meeting Date: October 18, 2010
Council discussed whether to allow citizens to sit on the interview panel. Mayor White confirmed that only
the Elected Officials and one MUD representative will sit on the interview panel.
Council members Cantrell, Hoover and Stotts agree that only the Council should interview the candidates
and the citizens will have a chance to meet the candidates on Friday evening. President Jim Thomas
appreciates the Council allowing one of the Directors to sit in.
Director Carr felt as though District Manager Scott should sit on the interview as he will be working
directly with the Town Manager. Mayor White stated that Scott will be included in the Management Team
meeting. Director Thomas stated that any Directors who want to sit in and listen should be allowed to do
so. Mayor White stated said that it becomes a bit intimidating when the room is full of people.
Council members Cantrell and Mayor Pro Tem Rose understood that the MUD Director would be included
in the discussion, not the vote.
President Thomas stated he will gladly participate, however if he is unable to make it, Vice President
Moss will attend.
Council confirmed that the reception will be held in an open meeting and will be posted accordingly,
however the Council invitations were extended to only certain people. The dress is business causal for
the Management Team meeting and reception. Town Secretary Hennek will send the list of citizen
names to the Council.
Noting no objections the group considered Item 6.
2. Discuss and take appropriate action regarding the Intergovernmental Contract for Employee
and Contractual Services.
Director Sanders questioned the Termination and Discipline sections.
Town Attorney Adams explained the terms regarding default of the agreement. Adams stated that the
notice of default must be approved by the Board. Directors Sanders would like to clarify the language
tonight as not to delay approval any longer.
The group discussed the contract and made amendments.
The group questioned whether exclusive control, mentioned under 3.01 Jointly Funded Employees
conflicts with Section 113 of the Town’s Personnel Policy, concern was raised about two different
personnel policies. Town Attorney Adams stated that she and the MUD Attorneys are comfortable going
with the language from an IRS standpoint. Mayor White asked what type of information would differ in the
two personnel policy manuals. District Manger Scott stated that a violation for falsifying TCEQ
documentation would result in termination. Acting Town Manager Seidel stated that he; Patricia, Robert
and Mary all agree that the fundamental policies need to stay consistent. The TCEQ violation would be
included in the Standard Operating Procedures and that this type of violations would be terminable.
Seidel suggested having a separate section applicable to TCMUD No. 1.
Mayor Pro Tem Rose requested confirmation that all employees are Town employees, including the
Firefighters. Rose asked if the Town’s Health Insurance policy will cover the employees dedicated to
work for TCMUD No. 1. District Manager Scott stated that TCMUD No. 1 has already checked and can
get BCBS and TMRS cheaper than what the Town has. Council member Strother clarified that all
employees receive a paycheck issued by the Town of Trophy Club and that TCMUD No. 1 reimburses the
Town for that payroll. The insurance company receives the premium check from the Town. Mayor White
stated that the group is currently paying three attorneys to draft the contract and they should know with no
uncertain terms whether the language is legal. Mayor Pro Tem Rose is not comfortable with the
Insurance portion until written consent is received from each company providing insurance coverage.
Town Council Minutes dated September 9, 2010
2
Town Council 63 of 175 Meeting Date: October 18, 2010
Council member Stotts stated that the group’s time is being wasted if they continue to rehash all of the
points and technicalities that the attorneys have agreed to and not have a problem with.
Council member Cantrell asked if Town Attorney Adams was performing legal services for TCMUD No. 1
and if consideration should be given for sharing costs, or simply assume everything is equal. District
Manager Scott said that he will not submit payment in lieu of continuing to allow the Town to use TCMUD
No. 1 offices for $1.00 per year.
Motion made by Strother, seconded by Hoover to approve the Intergovernmental Contract for Employee
and Contractual Services draft dated September 9, 2010 as amended.
Motion passed 5:1, with Rose voting against.
3. Discussion regarding construction of Town's Elevated Water Storage Tank as per the 2007
Contract for Water and Wastewater Operational Services between Town of Trophy Club and
Trophy Club MUD 1; possible action regarding same.
Mayor White explained that the contract in question is the contract that was created for the PID. Acting
Town Manager Seidel explained that the bid for the elevated tank bid came in higher than anticipated last
year. Discussion regarding what the best size of elevated water tank would satisfy future needs for
additional water pressure.
President Thomas stated that he feels that the Council is in default on this contract due to the fact that the
elevated water tank was not started "immediately" per the PID contract with TCMUD No. 1. Additionally,
President Thomas stated the only place to put a storage tank is where the Police Department is located.
District Manager Scott said that it will cost more to move the elevated tank to another location. Council
member Strother is in favor of exploring all options for the betterment of the community rather that what is
best for the Town or TCMUD No. 1 individually. The residents do not care whose taxes are higher, they
care what the bottom line is. The group needs to plan for Capital improvement projects together.
Council member Stotts suggested the Council move forward with the 500,000 gallon elevated storage
tank.
President Thomas stated that TCEQ has advised that a larger tank is needed than a 500,000 gallon
storage tank and this is due to the fact that recently the levels of water in the storage tank had dropped
radically, thus causing the urgency of moving forward with plans to construct the elevated tank north of
the high school and a water storage tank on the site of the current police facilities.
Director Sanders suggested a task force be created with both Council and TCMUD No. 1 representatives
and the Town Manager and District Manager to discuss these issues and keep these two issues on each
entity’s agendas.
Council member Stotts asked for clarification regarding when the developer would be in a better position
to pay in February or March and that the bid could go out in December. Acting Town Manger Seidel
stated that designing the tank is not the issue, but rather it is whether or not it will fit in the area.
Council member Hoover volunteered to serve on the task force and Council members Strother and Stotts
agreed to serve as well. Directors Sanders and Carr will serve on this task force.
4. Discussion regarding transferring electrical account for Admin Building from Town Account
to MUD Account and possible action regarding same.
Currently, the cost for electricity for the Admin Building is shared by both entities. The electricity rate for
MUD 1 is $0.077, which is lower than the Town's rate. In December of 2011, MUD 1's electricity rate will
Town Council Minutes dated September 9, 2010
3
Town Council 64 of 175 Meeting Date: October 18, 2010
drop to $0.0638. By transferring the Admin Building account over to the TCMUD No. 1 account, both
entities would realize a cost savings.
District Manager Scott stated that he reviewed this with Town Attorney Adams and that transferring the
account would be more trouble than it is worth.
Mayor White thanked TCMUD No. 1 for thinking of the possibility.
No action taken.
5. Discussion regarding Capital Improvements and/or Capital Expense Items affecting Town
and/or MUD 1 Budget(s) and possible action regarding same.
District Manager Scott stated that TCMUD No. 1 needs to ensure that they budget for replacing the pipes
at the time the Town repairs the streets and asked the Town to give TCMUD No. 1 advance notice.
The group discussed affluent water at Harmony Park. Acting Town Manager Seidel explained that it
could be done now, however the development is moving along and the developer would have to change
lines again within eight months.
6. Discussion regarding TCMUD No. 1's relationship with the Town Council relative to the hiring
of a new Town Manager and possible action regarding same.
Discussed under Item #1.
7. Discussion regarding the potential of both entities working together and possible action
regarding same.
Mayor White explained how productive the Council’s retreat had been and invited TCMUD No. 1 to join
the retreat next time to discuss long term items. President Thomas thought this was a good idea.
President Thomas asked District Manager Scott to get with Acting Town Manager Stephen to discuss.
Council member Stotts stated that it is very important to develop a long range plan and that the Town
and TCMUD No. 1 need to work together in order to facilitate better financial planning for the community
as a whole.
8. Discuss and take appropriate action regarding request for temporary exception to Noise
Nuisance Ordinance, Chapter 8, Article 1, Section 1.01(a) 7 to drill a new Trinity Well at the
northwest end of Crooked Creek Court.
TCMUD No. 1 sent out a RFP to drill a Trinity Water Well. All of the RFPs came in way over anticipated
costs. In order to reduce drilling costs, the Well Company would need to drill 24 hours a day for two (2)
weeks. TCMUD No. 1 respectfully requests a temporary exception to the Town's current Noise Nuisance
Ordinance in order to drill for a Trinity Well at the end of Crooked Creek Court. The temporary exception
would be 24/7 for approximately two weeks barring any unforeseen circumstances. Approval of this
Temporary Exception is in the best interest of all of the Trophy Club Residents and Businesses due to the
economic benefit realized in just a very short period of time.
District Manager Scott stated that it becomes very costly to shut the rig down. Scott volunteered to speak
to each resident who would be impacted and even suggested paying for hotel rooms for these residents.
Town Council Minutes dated September 9, 2010
4
Town Council 65 of 175 Meeting Date: October 18, 2010
Town Council Minutes dated September 9, 2010
5
Council member Cantrell confirmed that the drilling would be within 150 feet of the residents and would
last approximately 4 weeks. Acting Town Manager Seidel suggested a rebate of their water bill in lieu of
a hotel room.
Mayor Pro Tem Rose would like to have residents' approval before he approves this action.
District Manager Scott stated that this item first needs to go before the TCMUD No. 1 Board, then the
residents need to be consulted and lastly, the item will come before the Council.
No action taken.
9. Set Next Joint Session Meeting Dates.
Scheduled for Thursday, November 11, 2010 at 7:00 p.m. and Wednesday, February 9, 2011 at 7:00 p.m.
Mayor Pro Tem Rose suggested moving the February 9 meeting to February 10. Council member
Strother is better with Thursdays. Mayor White moved the meeting to Thursday, February 11, 2011.
ADJOURN
Meeting adjourned at 9:45 p.m.
___________________________________ ________________________________
Shannon DePrater, Interim Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council 66 of 175 Meeting Date: October 18, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-569-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/11/2010 Town Council
On agenda:Final action:10/18/2010
Title:Consider and take appropriate action regarding an interlocal agreement between the Town and
Tarrant County Emergency Services District No. 1 to provide Emergency Medical Services to a
designated service area, and authorizing the Mayor or her designee to execute all necessary
documents.
Attachments:Tarrant Co Emergency Medial Services Contract.pdf
Action ByDate Action ResultVer.
Town Council 67 of 175 Meeting Date: October 18, 2010
File #: 2010-569-T, Version: 1
Title
Consider and take appropriate action regarding an interlocal agreement between the Town and Tarrant County
Emergency Services District No. 1 to provide Emergency Medical Services to a designated service area, and authorizing
the Mayor or her designee to execute all necessary documents.
Body
Background:
This is an annual mutual aid agreement for ambulance service for North Tarrant County Rural District. The estimated run
activity is five per year. The Town is paid on a point system that is described in Exhibit "B" which is attached to the
Agreement.
Recommendation:
Staff recommends approval of agreement.
Goal #1: Safe and secure community.
Maintain Trophy Club’s Low crime rate
Increase positive visibility through community policing initiatives
Provide superior Emergency Services
Increase citizen involvement
Goal # 3: Community with shared vision
Forge collaborative relationships with other governmental/public entities
Create a positive regional identity
Town Council 68 of 175 Meeting Date: October 18, 2010
TAR RANT COUNTY
EMERGENCY SERVICES DISTRICT NO. ONE
2750 PREMIER STREET
FORT WORTH, TEXAS 76111-3011
(817) 838-4660
(817) 831-2007 FAX
October 1, 2010
"ALL" Tarrant County
Fire Departments
Tarrant County, Texas
RE: FY 20 I I Contracts
Please find enclosed two (2) copies of the Tarrant County Emergency Services District's Contract
for fire and/or ambulance service with your fire department and/or City for the year beginning
October 1,2010 through September 30, 2011.
Please have both of the (2) copies signed by the appropriate individuals and/or officials and return
both (2) copies to this office at the above address. After the contract's approval by the
Emergency Services District and the signature of both the President and Secretary-Treasurer, a
copy of the signed contract and a map will be returned to your Department and/or City's file. In
order to secure these contracts please return them to our office as soon as possible.
Please note that both of the two (2) contracts may have exhibit(s) and a map attached, each of
which is self-explanatory. Be sure to keep your Exhibit and return only the two (2) contracts with
the map.
Please feel free to contact Tonya Dean at the Fire Marshal's Office if you should have any
questions.
Sincerely, I
" /~~-
Rick Holman
Emergency Services District President
RH: tId
Enclosures: 2 Contracts with Exhibit(s)
Town Council 69 of 175 Meeting Date: October 18, 2010
THE STATE OF TEXAS § Town of Trophy Club, Texas
§ Emergency Medical Service
§
§
COUNTY OF TARRANT §
The TARRANT COUNTY EMERGENCY SERVICES DISTRICT NO. ONE, acting by and through
its Board of Emergency Commissioners, hereafter referred to as DISTRICT, and the TOWN OF
TROPHY CLUB, TEXAS, hereafter referred to as TOWN, enter into the following Agreement:
Section 1: Authority and Services
TOWN has a volunteer fire department recognized by the Insurance Commission of the State of
Texas or a full-time professional fire department, and is, by an order or resolution of its
governing body, authorized to enter into this Agreement with DISTRICT for the use of the
personnel and equipment of TOWN for the purpose of providing emergency medical services
(EMS) located outside the boundaries of TOWN and within such distance as the TOWN maybe
reasonably expected to render service in case of emergency service needs. Said service area(s)
is highlighted on the attached Exhibit "A" and being the same service area as the City of
Roanoke with the City of Roanoke having primary responsibility to provide service unless
diverted to TOWN . The equipment and personnel of the TOWN shall be under the control and
supervision of TOWN employees during an emergency medical response pursuant to this
Agreement. In accordance with Section 418.1 09(d) of the Texas Government Code or Section
791 .027 of the Texas Government Code, it is also understood and agreed that the existence of
this Agreement does not prevent the TOWN from providing mutual aid assistance on request
from another municipality, county, emergency services district, fire protection agency, organized
volunteer group or other emergency service entity, and shall not be obligated to respond, when
in the sole judgment of the TOWN, such response would leave insufficient protection for the
TOWN .
Section 2: EMS Compensation
For EMS, if provided by TOWN under this Agreement, the DISTRICT agrees to pay to TOWN an
amount based upon the TOWN's proportionate per run share determined by dividing the sum of
ONE MILLION TWO HUNDRED THOUSAND DOLLARS ($1 ,200 ,000 .00), the amount
anticipated being available for such payments, by the total points per service run as established
by the 1998-1999 Rules and Regulations adopted by DISTRICT, a copy of which is attached
hereto and marked as Exhibit "B," for all EMS runs made in the areas served by the DISTRICT
and multiplying that quotient by the total number of points accrued by TOWN for that quarter of
the service year. DISTRICT will make quarterly payments of the amount due the TOWN during
the months of February 2011, May 2011, August 2011 and November 2011.
FY 2011 -TOWN OF TROPHY CLUB, TEXAS Page 1 Town Council 70 of 175 Meeting Date: October 18, 2010
Section 3: EMS Reports
TOWN wi" deliver reports of EMS calls to the DISTRICT at its offices at 2750 Premier Street,
Fort Worth, Texas, no later than the 15th day of the month following the month in which a service
run was made by TOWN in order to be eligible for payment and the TOWN agrees that the
determination by DISTRICT will be final regarding the allocation of service run points .
Section 4: Equipment
DISTRICT is under no obligation with respect to providing fire fighting equipment or ambulance
vehicles or supplies, or any other expenses incidental to the carrying out of this Agreement, and
will have no right, title or interest in and to vehicles and equipment belonging to or contracted for
by TOWN .
Section 5: Term
Regarding payment, this Agreement will be in full force and effect for and during the period
beginning January 1,2011 and ending September 30,2011 . Regarding response purposes, this
Agreement wi" remain in force until the 2011-12 DISTRICT budget is approved by the
Commissioners and a new Agreement is executed retroactive to October 1 , 2011 under the
same terms and conditions .
Section 6: Payment of Funds
The DISTRICT will use its general fund to pay for the services supplied by the TOWN pursuant
to this Agreement. Payment pursuant to this Agreement will be in accord with the Rules and
Regulations promulgated by the Commissioners . Said payments will be made as funds are
available to DISTRICT.
Section 7: Inspection of Equipment
The DISTRICT or its agent has the right to inspect the equipment of the TOWN that the TOWN
operates in its performance under this Agreement. The parties acknowledge that the nature of
the TOWN's equipment determines the consideration paid under this Agreement. In the event
that the inspection reveals that the equipment is not in operating condition and in compliance
with the Texas Department of State Health Services (TDSHS) requirements for a department of
its size, the TOWN will authorize a re-inspection by the DISTRICT within fifteen (15) days. In the
event the equipment is not in operating condition or in compliance with the TDSHS requirements
for a department of its size during the re-inspection, all payments by the DISTRICT to the TOWN
will cease until the problem is corrected as certified by the DISTRICT.
Section 8: Monthly Reporting Required
All monthly reports, fire or ambulance, shall be turned in to the Fire Marshal's office no later than
fifteen (15) days after the end of the applicable month. The failure to timely file the monthly
report shall excuse the DISTRICT from payment for that applicable month resulting in a
reduction of one-third of the quarterly payment to the TOWN for each applicable month.
FY 2011 -TOWN OF TROPHY CLUB, TEXAS Page 2 Town Council 71 of 175 Meeting Date: October 18, 2010
Section 9: Workers' Compensation Coverage
The TOWN shall maintain statutory workers' compensation coverage for its employees, officers
and volunteers regarding the TOWN's performance under this contract. The TOWN recognizes
that the DISTRICT has no responsibility to furnish this coverage and TOWN waives any right to
pursue the DISTRICT for liability regarding payments for this coverage or for liability regarding
payments for claims filed against this coverage.
Section 10: Line of Duty
When an employee or volunteer of the responding TOWN is performing duties under the terms
of this Agreement, that person is considered to be acting in the line of duty for the TOWN for the
purposes of 42 U.S.C.A., Section 3796; is considered to be in performance of duties for the
TOWN within the applicable provisions of Chapter 615 of the Texas Government Code, and of
Chapter 142, Texas Local Government Code; and shall be entitled to any other benefits which
accrue under law as a result of injury, death or loss which occurs while in the line of duty for the
TOWN under this Agreement. This section does not increase the DISTRICT's liability under this
Agreement.
Section 11: Assignment of Liability
The assisting party (TOWN) shall be responsible for any civil liability or costs that may arise from
the fire protection, fire rescue and first response for emergency medical services that the
assisting party provides to the requesting party (DISTRICT) under this Agreement. The
assignment of liability provided by this Agreement is intended to be different than liability
otherwise assigned under Texas Government Code, Section 791.006(a) which provides that the
governmental unit that would have been responsible for furnishing the services in the absence of
the contract is responsible for any civil liability that arises from the furnishing of those services. It
is expressly understood and agreed, however, that in the execution of this Agreement, neither
the TOWN nor the DISTRICT waives, nor shall be deemed to waive, any immunity or defenses
that would otherwise be available to it against claims arising in the exercise of governmental
powers and functions.
Section 12: Implied Rights; Employees
By entering into this Agreement the parties do not intend to create any obligations expressed or
implied other than those specifically set forth herein and this Agreement will not create rights in
parties not signatories hereto. The employees of the TOWN are not employees or agents of the
DISTRICT by virtue of this Agreement. The employees of the DISTRICT are not employees or
agents of the TOWN by virtue of this Agreement.
Section 13: Conferring of Rights
This Agreement does not confer any rights on third parties who are not signatories to this
Agreement, therefore no person may bring suit against TOWN or DISTRICT regarding the
performance of this Agreement as a third party beneficiary of this Agreement.
FY 2011 -TOWN OF TROPHY CLUB, TEXAS Page 3 Town Council 72 of 175 Meeting Date: October 18, 2010
Section 14: Cancellation
DISTRICT and TOWN retain the right to cancel without cause this Agreement on thirty (30) days
written notice to the non-canceling party. In the event of cancellation, DISTRICT will pay a
prorated share of the monies due for the remainder of that quarter only if the TOWN provides
services as required in the Agreement during the period of time leading up to the termination
date . However, in the event that TOWN exercises this right of cancellation, TOWN must repay
to DISTRICT all money paid TOWN by DISTRICT for personal property, if any, purchased by the
TOWN with funds from the DISTRICT.
WITNESS the signatures of the respective parties hereto this the day of
TARRANT COUNTY EMERGENCY TOWN OF TROPHY CLUB, TEXAS
SERVICES DISTRICT NO.1
President Authorized Official
ATTEST: ATTEST:
SecretaryfT reasu rer Secretary
FY 2011 -TOWN OF TROPHY CLUB, TEXAS Page 4 Town Council 73 of 175 Meeting Date: October 18, 2010
DENTON
TARRANT
Town Council 74 of 175 Meeting Date: October 18, 2010
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Town Council 76 of 175 Meeting Date: October 18, 2010
EXHIBIT "B"
TARRANT COUNTY EMERGENCY SERVICES DISTRICT NO. ONE
POINT SYSTEM
2011-2012 RULES AND REGULATIONS
Runs as received by the dispatcher must be of an emergency nature in order
to qualify for payment.
Dispatcher(s) should be familiar with their territory. If a dispatcher receives
a call for another district, the dispatcher should inform the caller of the
proper department. Then make a reasonable attempt to notify the proper
department before toning out, but has the responsibility of responding if
unable to raise the proper district.
Each run report should have street address and cross street, or distance and
direction of closest cross street (if address is not available), and the
MAPSCO map coordinate.
Run reports MUST be received by the 15 th of the following month that the
run is made. Any reports received by the office after the 15th WILL NOT
BE PAID.
We have been asked to verify calls -just to keep everyone honest so be
forewarned -that spot checks of random reports will be performed.
AMBULANCE TRANSPORT
Ambulance Transport:
Advance Life Support Transport 5 Points
Basic Life Support Transport 3 Points
All no rides 1 Point
***AMBULANCE Mutual aids Calls (EXTRA) 1 Points
Call over 4 miles from the Dept. 's Station (EXTRA) 2 Points
Page 1 of2
Town Council 77 of 175 Meeting Date: October 18, 2010
TARRANT COUNTY EMERGENCY SERVICES DISTRICT NO. ONE
EXHIBIT "A" POINT SYSTEM -(CONTINUED)
(CAREFLITE transport qualifies for full points to responding departments).
ALS transport is when one or more patients are transpOlied by one
ambulance and the ambulance is staffed by a Paramedic or an EMT SS and
equipped with IV's, Dru gs, & EKG Monitor.
BLS transpOli is when patients are transpOlied by ambulance that does not
have a Paramedic or EMT SS or does not have ALS equipment.
No points will be awarded to departments that contract for Ambulance
Service, who transport.
Ambulance TRANSFERS will not receive any points .
** *There will be a penalty of lost points for any bogus or false reports being
sent into the Fire Marshal 's Office. The penalty will be at a loss of 25 points.
NOTE:
THIS IS TO CURTAIL ANY FALSE REPORTS SENT IN. THIS IS NOT
TO PENALIZE A DEPARTMENT FOR ANY MISTAKES MADE. THE
LOSS OF POINTS WILL BE DECIDED ON BY THE POINTS
COMMITTEE AND PRESENTED TO THE BOARD FOR APPROVAL.
REVISED EXHIBIT " A" -CHANGED TO EXHIBIT "B ":
PRESENTED TO THE BOARD OF EMERGENCY SERVICES
DISTRICT COMMISSIONERS AT THEIR SEPTEMBER 8TH ,
1997, BOARD MEETING, WHEN IT WAS VOTED ON AND
APPROVED.
Page 2 of2
Town Council 78 of 175 Meeting Date: October 18, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-532-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:9/22/2010 Town Council
On agenda:Final action:9/27/2010
Title:Consider and take appropriate action regarding a Resolution amending Resolution No. 2009-04
authorizing Town Adoption of a Unit through the America Supporting Americans Program by
appointing a new ASA Liaison.
Attachments:Res. 2010-23 ASA Liaison Designation.pdf
Action ByDate Action ResultVer.
Town Council 79 of 175 Meeting Date: October 18, 2010
File #: 2010-532-T, Version: 1
Title
Consider and take appropriate action regarding a Resolution amending Resolution No. 2009-04 authorizing Town
Adoption of a Unit through the America Supporting Americans Program by appointing a new ASA Liaison.
Body
Goal # 3: Community with shared vision
Forge collaborative relationships with other governmental/public entities
Create a positive regional identity
Goal #6: A vibrant, inclusive community with involved, caring residents
Provide superior customer services
Foster a well informed community
Promote and support active lifestyle
Develop expanded community involvement opportunities
Expand recreational opportunities for all ages
Town Council 80 of 175 Meeting Date: October 18, 2010
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2010-23
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, AMENDING RESOLUTION NO. 2009-04,
AUTHORIZING TOWN ADOPTION OF A UNIT THROUGH THE
AMERICA SUPPORTING AMERICANS PROGRAM (“ASA”) AND
APPOINTING A LIAISON, BY APPOINTING A NEW VOLUNTEER TO
SERVE AS LIAISON BETWEEN THE TOWN, THE ADOPTED UNIT,
AND ASA; AUTHORIZING THE MAYOR TO EXECUTE ALL
NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town benefits by having its citizens involved in local government
through volunteerism; and
WHEREAS, since the adoption of Resolution No. 2009-04, the Town asked for
citizens interested in serving as the America Supporting Americans (ASA) Liaison to
contact staff; and
WHEREAS, the Town Council has determined it to be appropriate to designate a
new Liaison American Supporting Americans (ASA) as set forth below.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That Resolution No. 2009-04 is hereby amended to reflect the
designation of the ASA Liaison as specified below.
American Supporting Americans (ASA)
1. ASA Liaison – __________________
Section 2. That the “America Supporting Americans: Adoption Resolution and
Reaffirmation” attached hereto and incorporated herein as Exhibit “A”, be amended to
reflect the designation of a new liaison, and that all of the other terms an provisions of
Resolution No. 2009-04 and previously adopted resolutions relative to ASA that are not
in conflict with the terms of this Resolution shall continue in full force and effect.
Section 3. That this Resolution shall become effective from and after its date
of passage in accordance with law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 18th day of October 2010.
Res. 2010-23 (File ID 2010-532-T) 1
Town Council 81 of 175 Meeting Date: October 18, 2010
Res. 2010-23 (File ID 2010-532-T) 2
________________________________
Connie White, Mayor
Town of Trophy Club, Texas
ATTEST:
___________________________________
Shannon DePrater, Interim Town Secretary
Town of Trophy Club, Texas
[Seal]
APPROVED AS TO FORM:
____________________________________
Patricia Adams, Town Attorney
Town of Trophy Club, Texas
Town Council 82 of 175 Meeting Date: October 18, 2010
ASA USE:
RESOLUTION NUMBER: 2010-23
CITY: Town of Trophy Club, TX
UNIT: Delta FSC, 1-32 Cavalry, 1st Brigade Combat Team, 101 Airborne Division (Air Assault)
EXHIBIT “A”
AAMMEERRIICCAA SSUUPPPPOORRTTIINNGG AAMMEERRIICCAANNSS::
AADDOOPPTTIIOONN RREESSOOLLUUTTIIOONN AANNDD RREEAAFFFFIIRRMMAATTIIOONN
WHEREAS, American military forces are either engaged in defending or are prepared to defend and
support American interests and principles, and
WHEREAS, the Adopt-a-Unit program created by America Supporting Americans on March 4, 1968
provides a mechanism whereby all branches of the United States Armed Services can be "adopted" by
American communities, and
WHEREAS, the purpose of this adoption program is to create a bond between American communities
and the military men and women who bravely serve their country, and
WHEREAS, this bond is intended to support the morale of said service men and women without regard to
individual political ties or affiliations, and
WHEREAS, in recognition of the challenges confronting American service men and service women, it is
appropriate and fitting that the Town of Trophy Club in the State of Texas show its support by adopting
the following unit/ship/squadron: Delta FSC, 1-32 Cavalry, 1st Brigade Combat Team, 101 Airborne
Division (Air Assault).
NOW, THEREFORE, BE IT RESOLVED that the Town of Trophy Club in the State of Texas does hereby
reaffirm its adoption of the following unit and further reaffirms its offer of ongoing respect and support, in
time of war and in time of peace, to the this unit: Delta FSC, 1-32 Cavalry, 1st Brigade Combat Team,
101 Airborne Division (Air Assault),
BE IT FURTHER RESOLVED that the Town Council, or other comparable civic authority, hereby
designates the following individual as the official, primary liaison between this community, the adopted
unit/ship/squadron, and America Supporting Americans, as the organization which has facilitated this
adoption: All contact information for this individual is included in the Adoption Agreement Form for Cities
Reaffirming an Adoption accompanying this Adoption Resolution and Reaffirmation.
The Town of Trophy Club in the State of Texas hereby encourages all Town employees, businesses,
service clubs, charitable organizations, and private citizens to become involved in supporting this
adoption.
A copy of this resolution shall be posted in a central, public place and shall be sent to the Texas League
of Cities urging participation in this cause.
PASSED, APPROVED, AND ADOPTED this 18th day of October 2010, by the Town Council, or other
comparable governing body, of the Town of Trophy Club in the State of Texas.
SIGNED: ___________________________________________
MAYOR, Connie White
Printed name of signatory: Connie White
City Address: 100 Municipal Drive
Trophy Club, TX 76262
City Phone: 682-831-4600
Email: sdeprater@ci.trophyclub.tx.us
Res. 2010-23 (File ID 2010-532-T) 3
Town Council 83 of 175 Meeting Date: October 18, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-552-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:Consider and take appropriate action regarding an Ordinance adopting an amendment to the Code of
Ordinances by adding Article XIV, entitled "General Offenses" to Chapter 10 entitled "Public Safety" of
the Code in order to prohibit the use, sale, possession and/or delivery of certain smoking products
and materials, including K2, providing a penalty for a violation; and providing an effective date.
Attachments:Chief K2 memorandum.pdf
Ord 2010-29 Prohibiting K-2.pdf
DEA Resources, Microgram, March 2009.pdf
EWS 000006.pdf
K2 Pictures.pdf
Salvia NDIC.pdf
Action ByDate Action ResultVer.
Town Council 84 of 175 Meeting Date: October 18, 2010
File #: 2010-552-T, Version: 1
Title
Consider and take appropriate action regarding an Ordinance adopting an amendment to the Code of Ordinances by
adding Article XIV, entitled "GeneralOffenses" to Chapter 10 entitled "Public Safety" of the Code in order to prohibit the
use, sale, possession and/or delivery of certain smoking products and materials, including K2, providing a penalty for a
violation; and providing an effective date.
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 85 of 175 Meeting Date: October 18, 2010
Town of Trophy Club
100 Municipal Drive
Trophy Club, Texas 76262
(682) 831-4600
Fax (817) 491-9312
MEMORANDUM
To: Mayor and Council Date: October 13, 2010
From: Chief Kniffen Re: K-2 Ordinance
Many cities, including Allen and Roanoke, and some states have banned the
use, possession, or sale of substances generally known as “K-2”. The product
known as "K-2" and many other similar products contain certain chemicals that
can be converted for smoking purposes and when inhaled or ingested can have
an intoxicating effect.
These products, sometimes sold in the form of incense but capable of being
ingested in other ways, mimic the intoxication of marijuana. According to some,
the chemicals produce a “high” that is much longer lasting than marijuana. They
have also been reported to produce a number of physical problems, including
hallucinations, vomiting, agitation, panic attacks, tachycardia, elevated blood
pressure, pallor, numbness and tingling, disorientation, loss of time awareness
and, in some cases, tremors and seizures.
I believe that passing this ordinance will enhance public safety. Based on what I
have read on the substances and their effects, I recommend passage of the
ordinance.
Town Council 86 of 175 Meeting Date: October 18, 2010
TOWN OF TROPHY CLUB
ORDINANCE NO. 2010-29
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE TOWN OF TROPHY
CLUB BY ADDING ARTICLE XIV, ENTITLED “GENERAL OFFENSES”,
TO CHAPTER 10 ENTITLED “PUBLIC SAFETY”, PROHIBITING THE
USE AND/OR POSSESSION OF CERTAIN SMOKING PRODUCTS AND
MATERIALS; PROVIDING FOR THE INCORPORATION OF PREMISES;
PROVIDING FOR THE ADDITION OF ARTICLE XIV TO CHAPTER 10
OF THE CODE OF ORDINANCES; PROVIDING DEFINITIONS;
PROHIBITING THE SALE, DELIVERY, USE OR POSSESSION OF
RESTRICTED SMOKING MATERIALS INCLUDING K-2; PROVIDING A
PURPOSE; RESTRICTING THE SALE, DELIVERY, OFFER, OR GIFT OF
RESTRICTED SUBSTANCES; RESTRICTING THE USE OR POSSESSION OF
RESTRICTED SMOKING MATERIAL; RESTRICTING THE USE OR
POSSESSION OF RESTRICTED SMOKING PARAPHERNALIA; PROVIDING
DEFENSES TO PROSECUTION; PROVIDING A CUMULATIVE REPEALER
CLAUSE; PROVIDING THAT ANY PERSON WHO VIOLATES CHAPTER
10, ARTICLE XIV, SHALL BE GUILTY OF A CLASS C MISDEMEANOR
PUNISHABLE BY A PENALTY NOT TO EXCEED FIVE HUNDRED
DOLLARS ($500.00) AND THAT EACH DAY THE VIOLATION IS
ALLOWED TO EXIST OR CONTINUES TO EXIST SHALL BE A
SEPARATE OFFENSE FOR EACH VIOLATION; PROVIDING A
SAVINGS CLAUSE; PROVIDING SEVERABILITY; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club Texas, (hereinafter referred
to as the “Town Council”), has been provided with documentation from competent, well
recognized medical professionals and law enforcement officials of the growing presence of a
new and potentially dangerous substance affecting the public health, safety and welfare,
particularly the youth of the Town of Trophy Club, Texas (hereinafter referred to as the “Town”);
and
WHEREAS, in response to these warnings, the Town Council has secured information
indicating that this threat is presented in the form of retail products sold or distributed as a
mixture of dried vegetation that when covered or mixed with certain specific chemicals,
produces the physiological and psychological effects of a controlled substance such as
marijuana; and
WHEREAS, such substances are competently reported to cause hallucinations,
vomiting, agitation, panic attacks, tachycardia, elevated blood pressure, pallor, numbness and
tingling, disorientation, loss of time awareness and, in some cases, tremors and seizures as
documented by the National Drug intelligence Center of the United States Department of Justice
in EWS Report 000006 issued May 18, 2010; and
Town Council 87 of 175 Meeting Date: October 18, 2010
WHEREAS, the medical evidence and treatment response and documentation of these
symptoms and events have been confirmed by Doctor Anthony J. Scalzo, the Medical Director
of the State of Missouri Poison Control Center in Special Newsletter Alert, Volume 4, Issue 1,
2010, issued by the Missouri Poison Control Center to the medical community; and
WHEREAS, the substances identified above are considered to be generally described
as synthetic cannabinoids or salvia divinorum (collectively referred to as “Substances”) which
may be distributed, sold and marketed under such names as "K-2", "K-2 SUMMIT", "K-2 SEX'",
"GENIE", "DASCENTS", "ZOHAI". "SAGE", "SPICE", "KO KNOCK-OUT 2", "SPICE GOLD",
"SPICE DIAMOND'", "YUCATAN FIRE", "SOLAR FLARE". "PEP SPICE", "FIRE N' ICE", and
"SALVIA DIVINORUM," among others; and
WHEREAS, the Substances have not yet been designated as controlled substances
under the laws of the State of Texas or under the laws of the United States; and
WHEREAS, the Substances may be marketed as incense, but are commonly being
used as an alternative to marijuana which is an identified and documented controlled substance,
the sale and use of which is prohibited under the laws of the State of Texas and the United
States; and
WHEREAS, the synthetic cannabinoids may be presented under a variety of street
names but share common ingredients, including JWH-01 8 and JWH-073; and
WHEREAS, salvia divinorum contains the ingredient known as Salvinorin A; and
WHEREAS, these unregulated Substances produce a very potent, intoxicating effect
which is estimated by the medical community to produce effects ranging from three to one
hundred times greater and more potent than tetrahydrocannabinol (“THC”), the active ingredient
in marijuana; and
WHEREAS, the Substances manifest all of the demonstrated attributes of substances
that deprive individuals of judgment, coordination and the ability to conduct themselves in a safe
and appropriate manner in modern society; and
WHEREAS, the available medical and law enforcement information on these
Substances indicates that individuals under the effects of these Substances may be a clear and
present danger to themselves and others; and
WHEREAS, it is anticipated that the Texas Legislature will consider appropriate
regulation of these type of commodities in its upcoming legislative session, but that it is
essential for the Town Council to impose some type of reasonable restriction on these products
until a state-wide regulatory system may be properly implemented; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas, has determined
that the following regulation is necessary in order to protect public health, safety, and welfare.
Ordinance 2010-29
(File ID 2010-571)
2
Town Council 88 of 175 Meeting Date: October 18, 2010
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises having been found by the Town Council to be
true and correct are incorporated herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT - ADOPTION OF ARTICLE XIV OF CHAPTER X
2.01 Article XIV entitled “General Offenses” of Chapter 10 entitled “Public Safety” of
the Code of Ordinances of the Town of Trophy Club is hereby adopted and shall read in
its entirety as follows:
“Section 14.01 Definitions.
A. Person means an individual or individuals, a sole proprietorship, a corporation, a
partnership, a wholesaler, a retailer, an association, or any other legal entity.
B. Restricted Smoking Material means any substance, however marketed or sold and
regardless of product name, which can reasonably be converted for smoking purposes
whether it is presented as incense, tobacco, herbs, spices or any blend thereof if it includes
any of the following chemicals or a comparable chemical:
(1) Salvia divinorum or salvinorin A; all parts of the plant presently classified botanically as
salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of
such plant, and every compound, manufacture, salts, derivative, mixture or preparation
of such plant, its seeds or extracts;
(2) 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol (also known as
CP47,497) and homologues;
(3) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-
tetrahydrobenzo[c]chromen-1-ol (also known as HU-211 or Dexanabinol);
(4) 1-pentyl-3-(1-naphthoyl)indole (also known as JWH-018);
(5) 1-butyl-3-(1-naphthoyl)indole (also known as JWH-073); or
(6) 1-pentyl-3-(4-methoxynaphthoyl) indole (also known as JWH-081).
C. Restricted Smoking Material Paraphernalia means any paraphernalia, equipment or
utensil that is used or intended to be used in ingesting or inhaling illegal smoking materials,
including without limitation the following:
(1) A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen,
permanent screen, hashish head, or punctured metal bowl;
Ordinance 2010-29
(File ID 2010-571)
3
Town Council 89 of 175 Meeting Date: October 18, 2010
(2) A water pipe;
(3) A carburetion tube or device;
(4) A smoking or carburetion mask;
(5) A chamber pipe;
(6) A carburetor pipe;
(7) An electric pipe;
(8) An air-driven pipe;
(9) A chillum;
(10) A bong; or
(11) An ice pipe or chiller.
Section 14.02. Purpose – Restricted Smoking Materials Prohibited.
The purpose of this Article is to prohibit the possession, sale, use, or delivery of Restricted
Smoking Materials within the Town of Trophy Club, Texas. Any form of delivery of a
Restricted Smoking Material, including without limitation, a gift of such Restricted Smoking
Material shall constitute a violation of this Article.
Restricted Smoking Material is currently being marketed under the following commercial
names: “K-2”, “K-2 Summit”, “K-2 Sex”, “Genie”, “Dascents”, “Zohai”, “Sage”, “Spice”, “KO
Knock-Out 2”, “Spice Gold”, “Spice Diamond”, “Yucatan Fire”, “Solar Flare”, “Pep Spice”,
“Fire N’ Ice”, And “Salvia Divinorum”. All such products are expressly designated as
Restricted Smoking Materials.
Section 14.03. Sale, Delivery, Offer, or Gift.
It shall be unlawful for a Person to intentionally, knowingly, or recklessly sell, offer to sell,
deliver, or give any Restricted Smoking Material to any Person.
Section 14.04. Use or Possession of Restricted Smoking Material.
It shall be unlawful for any Person to intentionally, knowingly, or recklessly possess or use
Restricted Smoking Materials within the Town of Trophy Club.
Section 14.05. Use or Possession of Restricted Smoking Paraphernalia.
A. It shall be unlawful for a Person to intentionally, knowingly, or recklessly possess any
Restricted Smoking Paraphernalia with the intent to use, to ingest, to inhale or to otherwise
consume such Restricted Smoking Material.
Ordinance 2010-29
(File ID 2010-571)
4
Town Council 90 of 175 Meeting Date: October 18, 2010
B. It shall be a violation of this Article, if a Person intentionally, knowingly, or recklessly
possesses any Restricted Smoking Paraphernalia and appropriate forensic testing identifies
that a trace or other amount of Restricted Smoking Material is present on or in the Restricted
Smoking Paraphernalia.
Section 14.06. Defenses to Prosecution.
A. It shall be a defense under this Article if the possession, sale, use, or delivery of the
Restricted Smoking Material is at the direction of or under a prescription issued by a
licensed physician or dentist authorized to prescribe controlled substances within the State
of Texas.
B. It shall be a defense under this Article if a Person charged with a violation provides
proper and complete historic documentation that the use of Restricted Smoking Materials is
part of a religious undertaking or activity of a religious denomination in which they have long
standing historic membership supported by documentation from clergy or spiritual leader
recognized by the State of Texas.”
SECTION 3.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances and shall not repeal
any of the provisions of such Ordinances except for those instances where there are
direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in
force at the time this Ordinance shall take effect and that are inconsistent with this
Ordinance are hereby repealed to the extent that they are inconsistent with this
Ordinance. Provided however, that any complaint, action, claim or lawsuit which has
been initiated or has arisen under or pursuant to such Ordinance on the date of
adoption of this Ordinance shall continue to be governed by the provisions of that
Ordinance and for that purpose the Ordinance shall remain in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of this Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect. Nothing
contained herein shall be construed to conflict with the Texas Controlled Substance Act,
as amended, or any other state and/or federal law governing the same.
Ordinance 2010-29
(File ID 2010-571)
5
Town Council 91 of 175 Meeting Date: October 18, 2010
SECTION 5.
SAVINGS
That all rights and remedies of the Town of Trophy Club are expressly saved as
to any and all violations of the provisions of any Ordinances that have accrued at the
time of the effective date of this Ordinance; and, as to such accrued violations and all
pending litigation, both civil and criminal, whether pending in court or not, under such
Ordinances, same shall not be affected by this Ordinance but may be prosecuted until
final disposition by the courts.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person-violating or failing to comply with any provision of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred
Dollars ($500.00), and a separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish,
the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011
of the Texas Local Government Code.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in the Ordinance records of the Town and to properly record
this Ordinance in accordance with the Town Charter
SECTION 9.
EFFECTIVE DATE
That this Ordinance shall be in full force and effect from and after its date of
passage, in accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this 18th day of October 2010
Connie White, Mayor
Town of Trophy Club, Texas
Ordinance 2010-29
(File ID 2010-571)
6
Town Council 92 of 175 Meeting Date: October 18, 2010
Ordinance 2010-29
(File ID 2010-571)
7
[SEAL]
ATTEST:
Shannon DePrater, Interim Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
Town Council 93 of 175 Meeting Date: October 18, 2010
Published by the Drug Enforcement Administration
Office of Forensic Sciences Washington, D.C. 20537
The U. S. Attorney General has determined that the publication of this periodical is necessary in the transaction of
the public business required by the Department of Justice. Information, instructions, and disclaimers are published
in the January issues.
- INTELLIGENCE ALERT -
“SPICE” - PLANT MATERIAL(S) LACED WITH SYNTHETIC
CANNABINOIDS OR CANNABINOID MIMICKING COMPOUNDS
The Customs and Border Protection (CBP) - Chicago Laboratory (Illinois) recently received five
small, resealable, bright foil packets containing dull olive-colored plant material(s), labelled as
“Spice Gold,” “Spice Silver,” “Spice Diamond,” “Genie,” and “Yucatan Fire” incense (see Photo 1,
right, and Photos 2 - 3, next page), all reputedly laced with various synthetic cannabinoids or
synthetic cannabinoid mimicking compounds, notably “HU-210” [(6aR,10aR)-9-(hydroxymethyl)-
6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol); see Figure 1,
next page]. The exhibits were selected from a shipment containing approximately 1,500 such
packets that were detained by a CBP agricultural specialist at an express parcel service hub in
Wilmington, Ohio. The items were not smuggled but were rather part of a formal entry. Standard
marijuana analyses (microscopy) of the materials were negative. Analysis of extracts by GC/MS
in the scan mode with split injection indicated only the presence of a large amount of vitamin E
and other, smaller amounts of various natural products. However, when the extracts were
derivatized with N,O-bis(trimethylsilyl)acetamide and injected splitless with selected ion
monitoring, HU-210 was found in very small but verifiable amounts in every packet (not
quantitated). The results were confirmed against a standard. These were the first such
submissions to the laboratory.
March 2009
Photo 1 - Packages are about
2x3 inches.
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Town Council 94 of 175 Meeting Date: October 18, 2010
[Additional Laboratory and Editor’s Notes: In addition to the above-named products,
there are at least two other such herbal products: “Skunk,” and “Sence.” These
products are currently being encountered nationwide. They, and the synthetic
cannabinoids and cannabinoid mimic compounds they contain, are also the subjects of
widespread discussion and speculation on the Internet. Based on anecdotal reports,
HU-210 is hundreds of times more potent than THC; thus, the trace amounts detected
in the above case are physiologically active, and these materials may be viewed as
“stealth marijuana.” The reference standard of HU-210 used in this case was
purchased from Cayman Chemical of Ann Arbor, Michigan. The ions selected for the
analysis were m/z 446 (100%), 530 (molecular ion), 447, 474, and 356. Note that HU-
210 is named in several different ways; for example: (6aR,10aR)-3-(1,1'-
dimethylheptyl)-6a,7,10,10a-tetrahydro-1-hydroxy-6,6-dimethyl-6H-dibenzo[b,d]pyran-
9-methanol. HU-210 is controlled (Schedule I) in the U.S. (See:
http://www.deadiversion.usdoj.gov/drugs_concern/spice/spice_hu210.htm), and products containing it and similar cannabinoids are
controlled within the U.S. and in a number of other countries, including Austria, Canada, Germany, the Netherlands, and Switzerland.
In addition to HU-210, there are at least half a dozen other compounds with similar structures, plus several unrelated compounds
that have cannabinoid mimicking effects (notably JWH- 018 (1-pentyl-3-(1-naphthoyl)indole)), that are being used to adulterate the
plant materials in “Spice” and similar products. An article presenting mass spectral data and background information on these
compounds was recently published on line (not yet published in hard copy); see: Auwarter V, Dresen S, Weinmann W, Muller M,
Putz M, Ferreiros N. “Spice” and other herbal blends: Harmless incense or cannabinoid designer drugs? Journal of Mass
Spectrometry 2009.]
* * * * *
- INTELLIGENCE ALERT -
BLOTTER ACID MIMIC (ACTUALLY CONTAINING A MIXTURE OF 4-CHLORO-2,5-
DIMETHOXYAMPHETAMINE AND 4-BROMO-2,5-DIMETHOXYAMPHETAMINE) IN
WARNER ROBINS, GEORGIA
The Georgia Bureau of Investigation - Central Regional Crime Laboratory (Macon)
recently received one square of tie-dyed blotter paper, suspected LSD (see Photo 4).
The exhibit was seized in Warner Robins (approximately 25 miles south of Macon) by
personnel from the Houston County Sheriff’s Office, pursuant to a domestic dispute call.
Analysis of extracts by GC/MS and HPLC, however, indicated not LSD but rather a 2 : 1
mixture of 4-chloro-2,5- dimethoxyamphetamine (DOC) and 4-bromo-2,5-
dimethoxyamphetamine (DOB) (not quantitated but a moderate loading based on the
TIC). The Georgia Bureau of Investigation has previously seen blotter acid mimics that contained either DOC or DOB, but this is the
first submission that contained a mixture of both compounds.
* * * * *
- INTELLIGENCE ALERT -
"LEMMON 714" QUAALUDE MIMIC TABLETS (ACTUALLY
CONTAINING DIAZEPAM) IN DUPAGE COUNTY, ILLINOIS
The DuPage County Crime Laboratory (Wheaton, Illinois) recently received one partial
and five whole white, round tablets, 14 millimeters in diameter, with a “LEMMON 714”
logo on one face and single-scored on the opposite face, apparent Quaaludes (see
Photo 2 Photo 3
Photo 1 - Packages are about 2x3
inches.
Photo 4
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Town Council 95 of 175 Meeting Date: October 18, 2010
Photo 5). The exhibits were seized by a local agency investigating a drug overdose
(details sensitive). Analysis of methanol and chloroform extracts of one tablet (mass
0.88 gram) by GC/MS, however, indicated not methaqualone but rather diazepam (not
quantitated, but a high loading based on the TIC). This was the first ever submission of
Quaalude mimic tablets to the laboratory.
[Editor’s Note: An overview of similar diazepam-containing “LEMMON 714” Quaalude
mimic tablets was presented in a recent issue; see: Microgram Bulletin 2007:40(1):5-6.]
* * * * *
- INTELLIGENCE ALERT -
ECSTASY MIMIC TABLETS (ACTUALLY CONTAINING DIPHENHYDRAMINE
OR DIPHENHYDRAMINE AND CAFFEINE) IN LAKE COUNTY, OHIO
The Lake County Crime Laboratory (Painesville, Ohio) recently received a submission of eight round, blue tablets imprinted with a
logo of two females back-to-back and four round, purple-speckled tablets imprinted with a logo of an automobile (see Photos 6 and
7), and a separate submission of another one of the blue tablets, all suspected Ecstasy. The first set of tablets were acquired in Lake
County (approximately 40 miles east of Cleveland) by an unnamed police department (no further details). The single tablet was also
seized in Lake County, but by a different police department (also unnamed), incidental to a traffic stop. Both sets of tablets were
approximately 8 millimeters in diameter and 4 millimeters thick. Analysis of the blue tablets (approximately 300 milligrams each) by
color testing, GC/MS, and FTIR, however, indicated not MDMA but rather diphenhydramine. Analysis of the purple-speckled tablets
(approximately 365 milligrams each) by the same techniques indicated a 3 : 1 mixture of diphenhydramine and caffeine. In both
cases, the loading of the diphenhydramine was fairly high (not formally quantitated). These are the first submissions of Ecstasy
mimic tablets containing only diphenhydramine or a diphenhydramine/caffeine mixture to the laboratory.
* * * * *
- INTELLIGENCE ALERT -
ECSTASY MIMIC TABLETS (ACTUALLY CONTAINING A MIXTURE OF
1-(3-CHLOROPHENYL)PIPERAZINE AND CAFFEINE) IN ALLIANCE, OHIO
The Canton-Stark County Crime Laboratory (Canton, Ohio) recently received two round tablets, one small and green and the other
typically sized and blue, alleged “Triple Ecstasy” (purportedly an unusually potent form of Ecstasy; no photos). The exhibits were
acquired in Alliance, Ohio (east of Canton) by an Alliance Police Department Special Investigative Unit (no further details). The green
tablet was approximately 5 millimeters in diameter and 5 millimeters thick, weighed 170 milligrams, and had a 5-point star logo. The
blue tablet was approximately 8 millimeters in diameter and 5 millimeters thick, weighed 270 milligrams, and had a deeply cut
triangle logo. Analysis of both tablets by color testing (Marquis - negative), FTIR, and GC/MS, however, indicated not MDMA but
rather a 3 : 2 mixture of 1-(3-chlorophenyl)piperazine (mCPP) and caffeine (not quantitated but a high loading based on the TIC).
This is the first submission of Ecstasy mimic tablets containing mCPP, and also the first submission of a small Ecstasy mimic tablet,
to the laboratory.
* * * * *
- INTELLIGENCE ALERT -
OXYCONTIN MIMIC TABLETS (ACTUALLY CONTAINING A MIXTURE
OF HEROIN, CAFFEINE, AND LACTOSE) IN SEATTLE, WASHINGTON
Photo 5
Photo 6 Photo 7
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Town Council 96 of 175 Meeting Date: October 18, 2010
The DEA Western Laboratory (San Francisco, California) recently received two round biconvex tablets, 9 millimeters in diameter,
with “OC” imprinted on one face and “80” on the opposite face, apparent OxyContin (see Photos 8 and 9). The exhibit was acquired
in Seattle, Washington by personnel from the DEA Seattle Field Division (no further details). The tablets had a green coating over a
compressed, light brown powder (actual OxyContin tablets have a lighter green coating compressed white powder). Analysis of the
tablets (total net mass 0.56 grams) by GC/MS, GC/FID, FTIR/ATR, and 1H-NMR, however, indicated not oxycodone but rather a
mixture heroin (11.6 milligrams/tablet), caffeine (not quantitated), and lactose. This is the first known submission of OxyContin mimic
tablets containing heroin to the Western Laboratory.
* * * * *
- INTELLIGENCE ALERT -
ECSTASY COMBINATION TABLETS (CONTAINING MDMA,
METHAMPHETAMINE, AND CAFFEINE) IN STAFFORD, VIRGINIA
The DEA Mid-Atlantic Laboratory (Largo, Maryland) recently received one plastic bag
containing a total of 236 round blue tablets imprinted with a fly logo on one face and an
indiscernible logo on the opposite face (possibly a bear or a buffalo), and 262 round
blue tablets imprinted on one face only with the indiscernible (bear/buffalo) logo, both
approximately 8.5 millimeters in diameter, suspected Ecstasy (see Photo 10). The
exhibits were acquired in Stafford, Virginia by personnel from the Bureau of Alcohol,
Tobacco, Firearms, and Explosives. Analysis of the double imprint tablets (total net
mass 77.8 grams) by GC/FID, GC/MS, and LC indicated 49.7 milligrams/tablet MDMA,
14.1 milligrams/tablet methamphetamine, and caffeine (not quantitated). Analysis of the
single imprint tablets (total net mass 84.7 grams) by the same techniques indicated 46.9
milligrams/tablet MDMA, 12.6 milligrams/tablet methamphetamine, and caffeine (again
not quantitated). These were the first submissions of Ecstasy combination tablets with
these logos, and also the first submission of Ecstasy combination tablets with logos on
both faces, to the Mid-Atlantic Laboratory.
* * * * *
- INTELLIGENCE ALERT -
l-METHAMPHETAMINE IN HAMMOND, INDIANA AND CHICAGO, ILLINOIS
The DEA North Central Laboratory (Chicago, Illinois) recently received two submissions, each containing five oblong packages of
yellow, crystalline materials, suspected methamphetamine (no photos). The first set was seized by DEA Chicago Field Division
personnel from an impounded vehicle in Hammond, Indiana, while the second set was seized by DEA Chicago Field Division
personnel pursuant to a warrant search in Chicago (no further details). All ten packages were successively wrapped in layers of clear
plastic, baby wipes, and black electrical tape. Analysis of the crystalline material (total net mass 4.3 kilograms) by GC/FID, GC/MS,
and IR indicated 95 - 99 % methamphetamine hydrochloride. Additional analysis following derivatization with N-trifluoroacetyl-L-prolyl
chloride by GC/FID and GC/MS, however, indicated not d-methamphetamine but rather l-methamphetamine (isomer purity not
determined, but high). The North Central Laboratory has received several submissions of l-methamphetamine; however, these are
the first large submissions of l-methamphetamine in recent years.
* * * * *
- INTELLIGENCE ALERT -
CAPTAGON MIMIC TABLETS (CONTAINING d,l-AMPHETAMINE,
CAFFEINE, THEOPHYLLINE, AND OTHER COMPONENTS)
IN AL ANBAR PROVINCE, IRAQ
The DEA Special Testing and Research Laboratory (Dulles, Virginia) recently received two separate submissions containing a
Photo 8 Photo 9
Photo 10
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Town Council 97 of 175 Meeting Date: October 18, 2010
combined total of 9,382 round tablets of four different colors, all biconvex and imprinted with a Captagon-like logo on one face and a
single score on the reverse side, apparent Captagon (fenethylline; no photos). The exhibits were seized in Al Anbar Province, Iraq by
U.S. Department of Defense personnel (no further details). The first exhibit contained 4,860 white tablets (8.1 x 3.4 millimeters, total
net mass 871 grams), all contained in a package illustrated with an ad for a Toyota SUV and containing a small packet of silica
beads (as a desiccant). Analysis by color testing (Marquis, silver nitrate, and barium chloride), GC/FID, GC/MS, FTIR, NMR, and CE,
however, indicated not fenethylline but rather d,l-amphetamine (20 milligrams/tablet), caffeine (39 milligrams/tablet), theophylline (14
milligrams/tablet), acetaminophen (11 milligrams/tablet), and lactose. The second exhibit contained 3 different color tablets, all
contained in a package illustrated with an ad for a Mercedes-Benz SUV and again containing a small packet of silica beads. The first
sub-exhibit contained 980 off-white tablets (8.2 x 3.1 millimeters, total net mass 160 grams). Analysis (same techniques) indicated
d,l-amphetamine (7 milligrams/tablet), caffeine (65 milligrams/tablet), theophylline (8 milligrams/tablet), acetaminophen (9
milligrams/tablet), and lactose. The second sub-exhibit contained 2,655 tan tablets (8.3 x 3.7 millimeters, total net mass 469 grams).
Analysis (same techniques) indicated d,l-amphetamine (10 milligrams/tablet), caffeine (30 milligrams/tablet), theophylline (39
milligrams/tablet), acetaminophen (21 milligrams/tablet), diphenhydramine (2.1 milligrams/tablet), quinine (2.1 milligrams/tablet), and
lactose. The third sub-exhibit contained 887 dark brown tablets (8.3 x 3.4 millimeters, total net mass 156 grams). Analysis (same
techniques) indicated d,l-amphetamine (10 milligrams/tablet), caffeine (30 milligrams/tablet), theophylline (38 milligrams/tablet),
acetaminophen (21 milligrams/tablet), diphenhydramine (2.1 milligrams/tablet), quinine (2.1 milligrams/tablet), and lactose. In each
case, the amphetamine was calculated as the sulfate, while the diphenhydramine and quinine were calculated as the hydrochlorides.
All exhibits also contained varying amounts of N-formylamphetamine (not quantitated), probably present as a contaminant from a
poorly executed Leuckart synthesis of amphetamine. The Special Testing and Research Laboratory has previously received
Captagon mimic and counterfeit tablets, but none with these compositions.
[Editor’s Notes: Fenethylline is a controlled substance in the U.S. (Schedule I). It is a CNS stimulant.]
* * * * *
SELECTED REFERENCES
[The Selected References section is a compilation of recent publications of presumed interest to forensic chemists. Unless otherwise
stated, all listed citations are published in English. Abbreviated mailing address information duplicates that provided by the
abstracting service. Patents and Proceedings are reported only by their Chemical Abstracts citation number.]
1. Boudreau DK, Casale JF. An in-depth study of the Peruvian Base Llavada (“Washed Base”) technique for
purification of crude cocaine base. Microgram Journal 2008;6(3-4):72-81. [Editor’s Notes: Presents an in-depth
study of the title technique, which is being used as a substitute method for the traditional potassium permanganate
process. The fate of several alkaloid impurities is tracked. Contact: U.S. Department of Justice, Drug Enforcement
Administration, Special Testing and Research Laboratory, 22624 Dulles Summit Court, Dulles, VA 20166.]
2. Casale JF, Corbeil EM, Hays PA. Identification of levamisole impurities found in illicit cocaine exhibits.
Microgram Journal 2008;6(3-4):82-89. [Editor’s Notes: 6-Phenyl-2,3-dihydroimidazo[2,1b]thiazole and 3-(2-
mercaptoethyl)-5-phenylimidazolidine- 2-one, known levamisole degradation products, were identified in a “crack”
cocaine exhibit. Spectroscopic and chromatographic data are provided. Contact: U.S. Department of Justice, Drug
Enforcement Administration, Special Testing and Research Laboratory, 22624 Dulles Summit Court, Dulles, VA
20166.]
3. Casale JF, Orlando PM, Colley VL, Hays PA. Identification of diltiazem impurities / artifacts during the
analyses of illicit cocaine exhibits containing diltiazem. Microgram Journal 2008;6(3-4):90-103. [Editor’s Notes:
Desacetyldiltiazem and an uncharacterized artifactual compound with an apparent mass of 354 Daltons have been
observed in the GC profiles of cocaine exhibits containing diltiazem. The use of methanol as an injection solvent for
samples containing sodium bicarbonate causes the formation of these compounds in the injection port. Spectroscopic
and chromatographic data are provided for diltiazem, desacetyldiltiazem, and 2,3-dehydrodesacetyldiltiazem. Contact:
U.S. Department of Justice, Drug Enforcement Administration, Special Testing and Research Laboratory, 22624 Dulles
Summit Court, Dulles, VA 20166.]
4. Corbeil EM, Casale JF. Determination of cocaine in various South American commercial coca products.
Microgram Journal 2008;6(3-4):109-113. [Editor’s Notes: Cocaine content is provided for several coca products,
including coca tea, medicinal tonics and rubs, and alcoholic liquors. The cocaine was separated from the complex
matrices utilizing trap column chromatography. GC/MS/SIM was used for identification and quantitation. The cocaine in
these products ranged from 0.00 - 0.65 µg/mg. Contact: U.S. Department of Justice, Drug Enforcement Administration,
Special Testing and Research Laboratory, 22624 Dulles Summit Court, Dulles, VA 20166.]
5. Daundkar BB, Malve MK, Krishnamurthy R. A specific chromogenic reagent for detection of diazepam among
other benzodiazepines from biological and nonbiological samples after HPTLC. Journal of Planar
Chromatography - Modern TLC 2008;21(4):249-250. [Editor's Notes: Focus is on biological matrices, but also included
diazepam standard and diazepam-containing tablets. Developed plates were sprayed with 5% NaOH followed by 1%
meta-dinitrobenzene in DMSO. Violet bands were obtained for diazepam; other benzodiazepines (e.g., oxazepam,
nitrazepan, lorazepam, chlordiazepoxide, and flurazepam) did not react. The LOD is approximately 5 mµg. Contact:
Home Dept., State of Maharashtra, Forensic Science Laboratories, Mumbai 400098, India.]
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Town Council 98 of 175 Meeting Date: October 18, 2010
6. Gerlits J. An Excel based molecular weight calculator. Journal of the Clandestine Laboratory Investigating
Chemists Association 2009;19(1):2-3. [Editor's Notes: Presents the title program. JCLICA is a law enforcement
restricted journal. Contact: Utah Bureau of Forensic Services, Southern Utah Crime Laboratory, SUU Technology Bldg
109, 351 W Center St, Cedar City, Utah 84720.]
7. Jones LM, Boudreau DK, Casale JF. “Crack” cocaine: A study of stability over time and temperature.
Microgram Journal 2008;6(3-4):114-127. [Editor’s Notes: Changes in the appearance, weights, purity levels, and
alkaloidal profiles of 146 laboratory-prepared “crack” cocaine exhibits stored under different temperatures and
packaging types, were studied over a one year period. An accelerated aging study (elevated temperature, one month)
was also performed with 2 “crack” cocaine exhibits, to simulate very long-term or higher temperature storage. The
results are presented and discussed. Contact: U.S. Department of Justice, Drug Enforcement Administration, Special
Testing and Research Laboratory, 22624 Dulles Summit Court, Dulles, VA 20166.]
8. McGehee MC. Etodolac: An analytical profile. Microgram Journal 2008;6(3-4):104-108. [Editor’s Notes: Etodolac
(Lodine) has been identified in various submissions of illicit heroin. Analytical data, including GC, IR, Raman, MS, and
1H-NMR, are presented. Contact: U.S. Department of Justice, Drug Enforcement Administration, Northeast
Laboratory, 99 10th Avenue, Suite 721, New York, NY 10011.]
9. Moore JM, Casale JF. The discoloration of illicit drug samples. Microgram Journal 2008;6(3-4):128-145. [Editor’s
Notes: Presents an in-depth study of the browning of cocaine samples over time. The discolored samples were all
found to contain a primary aromatic amine (either procaine or benzocaine), a sugar (either lactose or dextrose), and an
acid (such as cocaine hydrochloride, boric acid, benzoic acid, etc.) The rate of discoloration of the drug mixtures was
both pH and temperature dependant, i.e., the rate of sample browning increased with lower pH and/or higher
temperature. All discolored samples that contained procaine or benzocaine also contained N-formylprocaine or N-
formylbenzocaine, respectively, and these are therefore bona fide “marker” compounds for the browning of illicit
cocaine. Contact: U.S. Department of Justice, Drug Enforcement Administration, Special Testing and Research
Laboratory, 22624 Dulles Summit Court, Dulles, VA 20166.]
10. Ogata J, Kikura-Hanajiri R, Yoshimatsu K, Kiuchi F, Goda Y. Detection method for the ability of hemp
(Cannabis sativa L.) seed germination by the use of 2,3,5-triphenyl-2H-tetrazolium chloride (TTC). Yakugaku
Zasshi 2008;128(11):1707-1711. [Editor’s Notes: A rapid detection method to assess the ability of Cannabis seeds to
germinate is presented. The respiratory enzymes in viable seeds convert colorless 2,3,5-triphenyl-2H-tetrazolium
chloride into red 1,3,5-triphenylformazan (dead seeds remain colorless). Under optimum conditions, the viability of
seeds could be determined within 20 minutes. Contact: National Institute of Health Sciences, 1-18-1 Kamiyoga,
Setagaya-ku, Tokyo, Japan 158-8501.]
11. Pearson JR, Reid EF, Rowe JE. The preparation of (-butyrolactone from readily available starting materials.
Journal of the Clandestine Laboratory Investigating Chemists Association 2009;19(1):8-13. [Editor's Notes: Details
withheld in accordance with Microgram policy. JCLICA is a law enforcement restricted journal. Contact: Victoria Police
Forensic Services Centre, 31 Forensic Drive, Macleod, Victoria 3085, Australia.]
12. Person EC, Sunderson NS. Liquid - liquid extraction of phenylephrine. Journal of the Clandestine Laboratory
Investigating Chemists Association 2009;19(1):4-7. [Editor's Notes: Presents techniques for more efficient extraction of
phenylephrine (the compound substituted for pseudoephedrine in many cold and allergy medications). JCLICA is a law
enforcement restricted journal. Contact: California State University - Fresno, 2555 E. San Ramon Ave. SB70, Fresno,
CA 93740.]
13. Sarwar M, Taylor S, Majeed I. A specific screening color test for diazepam. Microgram Journal 2008;6(3-4):63-
71. [Editor’s Notes: Presents a new, highly specific color test for the screening/presumptive identification of diazepam.
Treatment of diazepam with alkaline DMSO produces a reddish color which gradually changes to yellow with passage
of time. The LODs were 20 µg for diazepam extracted from tablets, and 2 µg for diazepam standard. Contact:
Cuyahoga County Coroner’s Office, 11001 Cedar Avenue, Cleveland, OH 44106.]
14. Sato C, Furube A, Katoh R, Nonaka H, Inoue H. Non-destructive and discriminating identification of illegal
drugs by transient absorption spectroscopy in the visible and near-IR wavelength range. Japanese Journal of
Applied Physics 2008;47(11):8583-8589. [Editor’s Notes: Presents the title study. Listed drugs (in the abstract)
included MDMA and MBDB, both analyzed as solutions in acetonitrile. Contact: Research Institute of Instrumentation
Frontier, National Institute of Advanced Industrial Science and Technology (AIST), Tsukuba, Ibaraki, Japan 305-8565.]
15. da Silva MJ, dos Anjos EV, Honorato RS, Pimentel MF, Paim APS. Spectrophotometric cocaine determination
in a biphasic medium employing flow-batch sequential injection analysis. Analytica Chimica Acta 2008;629(1-
2):98-103. [Editor’s Notes: The method uses cobalt thiocyanate as a complexing reagent. In the reaction, two phases
are formed; the superior (pink) contains an excess of cobalt thiocyanate solution, while the lower layer (blue) contains
the cocaine - cobalt thiocyanate complex. An optic fiber sensor records the absorbance at 630 nm. The detection and
quantification limits were 29.4 mg L-1 and 98 mg L-1, respectively. Throughput was 12 samples per hour. The method
offers a low-tech alternative to GC/FID and GC/MS for routine quantitation of cocaine. Contact: Departamento de
Quimica Fundamental, Universidade Federal de Pernambuco, 50740-550 Recife, PE, Brazil.]
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Town Council 99 of 175 Meeting Date: October 18, 2010
16. Talaty N, Mulligan CC, Justes DR, Jackson AU, Noll RJ, Cooks RG. Fabric analysis by ambient mass
spectrometry for explosives and drugs. Analyst 2008;133(11):1532-1540. [Editor's Notes: DESI-MS was applied to
a variety of fabrics. Drugs listed in the abstract were heroin, cocaine, and methamphetamine. LODs are in the
picogram range. Analyses were performed without sample prep, and were carried out in the presence of common
interfering chemicals and contaminants. Throughput is high. Contact: Department of Chemistry, Purdue University,
West Lafayette, IN 47907.]
Additional References of Possible Interest:
1. Andreasen MF, Telving R, Birkler RID, Schumacher B, Johannsen M. A fatal poisoning involving Bromo-
Dragonfly. Forensic Science International 2009;183(1-3):91-96. [Editor’s Notes: Presents the title case. Contact:
Section for Toxicology and Drug Analysis, Institute of Forensic Medicine, University of Aarhus, Brendstrupgaardsvej
100, Aarhus N DK-8200, Den.]
2. Bowen AM, Sparenga SB. Light microscopy in the chemistry laboratory. American Laboratory 2008;40(8):9-11.
[Editor’s Notes: A review. Contact: Stoney Forensic, Inc., Chicago, IL 60616.]
3. Jestice AL. Method and apparatus for detecting and classifying explosives and controlled substances.
(Patent) Chemical Abstracts 2009:150:49384h.
4. Macias MS, Harper RJ, Furton KG. A comparison of real versus simulated contraband VOCs for reliable
detector dog training utilizing SPME-GC-MS. American Laboratory 2008;40(1):16-19. [Editor's Notes: A dissipation
study of the five major components of marijuana revealed that alpha- and beta- pinene dissipated at an exponential
rate, limonene and myrcene at an almost linear rate, and beta-caryophyllene at very little over the course of 30
minutes. There was poor alert response when testing mixtures of these five components. Contact: International
Forensic Research Institute, Department of Chemistry and Biochemistry, Florida International University, Miami, FL
33199.]
5. Xu L, Basheer C, Lee HK. Chemical reactions in liquid-phase microextraction. Journal of Chromatography, A
2009;1216(4):701-707. [Editor’s Notes: A review of the title technique. Contact: Department of Chemistry, National
University of Singapore, 3 Science Drive 3, Singapore 117543, Singapore.]
* * * * * * * * * * * * * * * * * * * *
* * * * *
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Town Council 100 of 175 Meeting Date: October 18, 2010
If you would like to report an emerging drug issue in your area or have questions or comments about SENTRY,
please e-mail us at NDIC.Sentry@usdoj.gov or visit us at www.justice.gov/ndic/sentry
319 Washington Street 5th Floor, Johnstown, PA 15901-1622 • (814) 532-4601
NDIC Publications are available at www.justice.gov/ndic
Use of Synthetic Cannabinoid Products by
Teens and Young Adults Increasing
U.S. DEPARTMENT OF JUSTICE
EWS Report 000006 May 18, 2010
Law enforcement officials in many areas of the country are reporting increasing use of
synthetic cannabinoid products by teens and young adults as these products are widely
available. Often hyped as a legal alternative to marijuana, individuals subject to
scheduled or random drug screening tests allegedly also have used synthetic
cannabinoid products to avoid a positive test for cannabis and the resulting
consequences. Many synthetic cannabinoid users also abuse marijuana.
Synthetic cannabinoid products typically include olive-colored herbs, combination of herbs, or
plant materials enhanced with a delta-9-tetrahydrocannabinol (THC) synthetic analog. When smoked,
synthetic cannabinoid products mimic the hallucinogenic effects of marijuana. However, they have many
adverse effects, including panic attacks, agitation, tachycardia (in the range of 110 to 150 beats per
minute), elevated blood pressure (in the 140-160/100-110 range), anxiety, pallor, numbness and tingling,
vomiting (which can be severe and may require sedation), hallucinations (which can be intense), and, in
some cases, tremors, and seizures. Users report effects last between 30 minutes and 2 hours. Common
brand names for synthetic cannabinoids include K2, Spice, Spice Gold, Spice Diamond, Yucatan Fire,
Solar Flare, K2 Summit, Genie, PEP Spice, and Fire n’ Ice.
Synthetic cannabinoid products are produced primarily internationally, but also produced
domestically. Synthetic cannabinoid products are generally sold on Internet websites; however, they are
becoming increasingly available at “headshops” and similar locations. The products often are marketed as
“natural herbal incense” and include warnings that they “are not for human consumption.”
This SENTRY Watch is based upon source materials that have not been validated and/or researched by
NDIC. It is intended to serve as an immediate alert to law enforcement and public health officials of
potential substance abuse problems.
Town Council 101 of 175 Meeting Date: October 18, 2010
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Town Council 102 of 175 Meeting Date: October 18, 2010
If you would like to report an emerging drug issue in your area or have questions or comments about SENTRY,
please e-mail us at www.justice.gov/ndic/sentry
319 Washington Street 5th Floor, Johnstown, PA 15901-1622 • (814) 532-4601
NDIC Publications are available at www.justice.gov/ndic
Salvia Divinorum
U.S. DEPARTMENT OF JUSTICE
EWS Report 000001 March 2, 2010
Several SENTRY users in the Midwest have reported the emergence (or resurgence) of
Salvia divinorum (Salvia) abuse in their areas through the SENTRY system. A number
of these and other users were unfamiliar with Salvia and requested additional
information through a SENTRY Watch.
Salvia is a naturally occurring hallucinogenic herb with effects
similar to those of LSD. It is a perennial, a member of the mint
family, and resembles sage. The plant has large green leaves,
hollow square stems, and white flowers with purple calyces. It
typically grows in large clusters; some Salvia plants grow to
more than 3 feet in height. Native to the Sierra Mazateca region
of Oaxaca, Mexico, Salvia is traditionally used by the Mazatec
Indians in spiritual practices, healing ceremonies, and to induce
visions. Salvia is grown domestically, primarily in hot, humid
areas, and propagates easily. It also is imported from Mexico and
Central and South America. Street names include diviner’s sage,
magic mint, and Sally D.
The active ingredient of Salvia, Salvinorin A, is one of the most
potent naturally occurring psychoactives – it is effective orally at
200-500 micrograms. Psychoactive effects include visual and auditory hallucinations; psychedelic
sensations including perceptions of bright lights, vivid colors and shapes; loss of physical coordination;
dizziness; slurred speech; chills; nausea; decreased heart rate; uncontrolled laughter; visions; and a sense
of flying or floating.
Salvia is inexpensive and easy to obtain as seeds, whole plants, plant cuttings, fresh and dried leaves, or in
liquid extract form. Abusers typically obtain Salvia over the Internet and from local head shops and
Town Council 103 of 175 Meeting Date: October 18, 2010
Drug Alert Watch March 2, 2010
2
tobacco shops. The most common method of ingestion employed by abusers is smoking dried leaves in a
joint, from a bong, or in a pipe. Salvia can also be chewed, imbibed in a drink, or inhaled. Effects from
smoking occur within 30 seconds and last approximately 30 minutes. When chewed, the onset of effects
typically appears within 5 to 10 minutes. According to a February 2008 National Survey on Drug Use and
Health Report published by the Substance Abuse and Mental Health Services Administration (SAMHSA)
– the latest information available – about 1.8 million individuals aged 12 or older used Salvia in their
lifetime; approximately 750,000 did so during 2006. Use was more common among young adults (18 to
25 years old) as opposed to older adults (>26 years of age). Young adults were three times more likely
than youths aged 12 to 17 to have used Salvia. Use is more common in males than females.
Salvia is not regulated by the federal government or listed under the Controlled Substances Act (CSA).
However, 37 states have introduced legislation that would control the drug to some degree – neither
Salvia nor its active ingredient Salvinorin A, has an approved medical use in the United States. The Drug
Enforcement Administration (DEA) regards Salvia as a ‘drug of concern’ because of its wide availability,
potential for abuse, and hallucinogenic effects. As such, DEA is monitoring reports of abuse and
assessing whether Salvia should be scheduled under the CSA.
Posted: 03/02/10
POC: SENTRY Management Team, www.justice.gov/ndic/sentry or (814) 532-5888
Town Council 104 of 175 Meeting Date: October 18, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-571-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/11/2010 Town Council
On agenda:Final action:10/18/2010
Title:Consider and take appropriate action regarding a Code of Conduct/Ethics Ordinance and the
establishment of an Ethics Commission.
Attachments: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 105 of 175 Meeting Date: October 18, 2010
File #: 2010-571-T, Version: 1
Title
Consider and take appropriate action regarding a Code of Conduct/Ethics Ordinance and the establishment of an Ethics
Commission.
Body
At the September 20 Council meeting, the Council voted to hold a workshop session to discuss the proposed Ethics
Ordinance and Ethics Commission. Staff recommends that a workshop be held prior to a Council meeting in November or
December to discuss.
Council Motion:
A Motion was made by Mayor Pro Tem Rose, seconded by Council member Hoover, to use Trophy Club Code version
7C and 3C Financial Disclosure Statement as a baseline document to revise and then bring back to Council in a few
weeks. 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.
Motion passed 5:1 with Strother opposing.
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 106 of 175 Meeting Date: October 18, 2010
DRAFT
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE 2010 - ___
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
PROVIDING AN ETHICS POLICY; DEFINING CERTAIN TERMS;
PROVIDING FOR STANDARDS OF CONDUCT; PROVIDING FOR
CERTAIN FINANCIAL DISCLOSURES; ESTABLISHING AN ETHICS
COMMISSION; PROVIDING FOR DISPOSITION OF ALLEGED
VIOLATIONS; AMENDING THE CODE OF ORDINANCES; PROVIDING
AN EFFECTIVE DATE AND SAVINGS CLAUSE; AND PROVIDING FOR
RELATED MATTERS.
WHEREAS, the Town of Trophy Club, Texas is a Home Rule Town acting under its
Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, at a Special Election held in accordance with Ordinance 2009-07, within the
Town of Trophy Club, Texas, on the 9th day of May, 2009, more than a majority of the
duly qualified resident electors of the Town of Trophy Club, voting in the Special
Election, voted in favor of the approval and adoption of various amendments to the
Home Rule Charter for the Town of Trophy Club, Texas; and
WHEREAS, on the 18th day of May, 2009, the Town Council of the Town of Trophy Club
adopted Ordinance 2009-12 canvassing the returns of the Special Election and declaring
that the Charter had been so amended in accordance with the official results of the
Special Election and the Order of the Special Election, and thereby approved and
adopted amendments to the Home-Rule Charter of the Town of Trophy Club; and
WHEREAS, a Code of Ethics and Conduct, and an Ethics Commission amendment
were included in Ordinance 2009-07 and Ordinance 2009-12; and
WHEREAS, the Code of Ethics and Conduct, and Ethics Commission amendment
requires an ethics and conduct ordinance be adopted by the Town Council; and
WHEREAS, the Code of Ethics and Conduct, and Ethics Commission amendment
requires an ethics and conduct ordinance be applicable to elected officers, appointed
boards, commissions, committee members, and employees of the Town; and
WHEREAS, the Code of Ethics and Conduct, and Ethics Commission amendment
requires establishment of an independent Ethics Commission; and
WHEREAS, statutory provisions governing the ethical conduct of public officials and
employees are found in various codes including the Texas Local Government Code,
Texas Government Code and the Texas Penal Code; and
WHEREAS, the conduct of the public business should be accomplished by Town
Officials, appointees and employees that have no personal financial interest in such
business clearly separate from that of the general public; and
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
DRAFT
09-07-10 Rev 7
WCR Page 1 of 16
Town Council 107 of 175 Meeting Date: October 18, 2010
DRAFT
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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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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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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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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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 122 of 175 Meeting Date: October 18, 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 123 of 175 Meeting Date: October 18, 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 124 of 175 Meeting Date: October 18, 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 125 of 175 Meeting Date: October 18, 2010
“SECTION 16.01. POLICY – APPLICABILITY.
It is the policy of the Town that the proper operation of democratic
government requires that Town officials be independent, impartial and
responsible to the people; that governmental decisions and policy be made in
proper channels of the governmental structure; that no officer or member of
any advisory board, commission or committee should have any interest,
financial or otherwise, direct or indirect, or engage in any business, transaction
or professional activity or incur any obligation of any nature which is in conflict
with the proper discharge of his or her duties in the public interest; that the
public have confidence in the integrity of its government.
The provisions of this Article shall not apply to political contributions,
loans, expenditures, reports or regulation of political campaigns, or the
conduct of candidates in such campaigns, except as expressly required by
state law.
SECTION 16.02. DEFINITIONS.
The following words, terms and phrases, when used in this Ordinance,
shall have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning.
A. Employee. All persons employed by the Town of Trophy Club, including
full time, part time, seasonal and temporary employees.
B. Town Official or Officer. The Mayor, each member of the Town Council,
the Town Manager, Town Secretary, the Town Attorney and each member of a
Town Board, Commission, Committee, or Advisory Group appointed by the
Council.
SECTION 16.03. CONFLICT OF INTEREST AND ETHICS
Town Officials and Employees shall abide by the conflict of interest and
ethics provisions of the laws of the State of Texas regulating home rule
municipalities that are of same or similar population number as the Town of
Trophy Club.
SECTION 16.04. ETHICS COMMISSION ESTABLISHED.
A. Commission Established. There is hereby established an Ethics
Commission to administer and enforce the Code of Ethics and Conduct
Ordinance codified in this Article. Commission members shall be registered
voters who are residents of the Town of Trophy Club. No member of the
Commission may hold elective or appointed office under the Town or any other
government or hold any political party office. Commission members shall be
appointed by majority vote of the Town Council, and serve at the pleasure of
the Council, and may be removed by a majority vote of the Town Council.
B. Number and Term of Office. The Commission shall consist of ___
(___) members and ___ (___) alternates who shall serve a one (1) year term
each and ___ members and ___ (___) alternates who shall serve two (2) year
terms each.
SECTION 16.05. COMPLAINT PROCESS.
A. Original Complaints. The Commission shall have the authority to hear
written complaints alleging violations of any and all state conflict of interest and
ethics laws as identified in Section 16.03 of this Article.
B. Charges. In order to be considered, a complaint shall be submitted to the
Town Secretary in writing and shall be sworn to by the person filing the
Ordinance 2010-XX
(File ID 2010-571)
2
Town Council 126 of 175 Meeting Date: October 18, 2010
complaint. A sworn complaint shall be based on the personal knowledge of
the affiant alleging a violation(s) of this Article and shall specify the provision(s)
of state law applicable under Section 16.03 alleged to have been violated, and
shall name the Town Official or Employee being charged.
C. Complaints Timely. A complaint alleging a violation of this Article must be
filed with the Town Secretary within six (6) months from the date of the act
alleged as a violation in order to be considered by the Commission.
Complaints not filed within such six (6) month period shall not be considered.
D. Due Process. The Ethics Commission shall comply with all requirements
of the Texas Open Meetings Act, including without limitation, posting and
notice requirements. A person against whom a complaint is filed shall be
afforded due process, including hearing and at least fourteen (14) days prior
written notice of any proceeding conducted by the Ethics Commission. The
person who is the subject of a complaint shall be notified in writing within five
(5) business days of the filing of a complaint with the Town Secretary.”
Section 3.
Cumulative Repealer
The Code of Ordinances of the Town is hereby amended to include the terms
and provisions of this Ordinance by adding Article XVI entitled “Ethics” to the existing
Chapter 1, entitled “Administration” of the Code of Ordinances of the Town of Trophy
Club. This Ordinance shall be cumulative of all other Ordinances of the Town affecting
ethics and conflict of interest and shall not repeal any of the provisions of such
Ordinances except in those instances where provisions of those Ordinances are in
direct conflict with the provisions of this Ordinance; whether such Ordinances are
codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy
Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall
remain in full force and effect. Notwithstanding the foregoing, any complaint, action,
cause of action or claim which prior to the effective date of this Ordinance has been
initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to
be governed by the provisions of that Ordinance and for that purpose the Ordinance
shall be deemed to remain and continue in full force and effect.
Section 4.
Severability
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or its application to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance; and the Town Council hereby
declares it would have passed such remaining portions of the Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
Section 5.
Engrossment and Enrollment
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance by copying the exact Caption and Effective Date clause in the
minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in
the Ordinance records of the Town and by amending the Code of Ordinances to reflect
the changes adopted herein by Council.
Ordinance 2010-XX
(File ID 2010-571)
3
Town Council 127 of 175 Meeting Date: October 18, 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 128 of 175 Meeting Date: October 18, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-527-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:9/20/2010 Town Council
On agenda:Final action:11/1/2010
Title:Consider and take appropriate action regarding the creation of a Citizen’s Financial Budget Board.
Attachments:DRAFT - CFAB Ordinance.pdf
Action ByDate Action ResultVer.
Town Council 129 of 175 Meeting Date: October 18, 2010
File #: 2010-527-T, Version: 1
Title
Consider and take appropriate action regarding the creation of a Citizen’s Financial Budget Board.
Body
Mayor Pro Tem Rose and Council member Cantrell requested that this item be placed on this agenda with the included
Draft Ordinance.
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 130 of 175 Meeting Date: October 18, 2010
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE 2010 - XX
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
ESTABLISHING A CITIZEN’S FINANCIAL ADVISORY BOARD; 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 Budget Process amendment was included in Ordinance 2009-07 and
Ordinance 2009-12; and
WHEREAS, the Budget Process amendment requires Cost of Service delivery
comparisons for a representative sample of North Texas towns; and
WHEREAS, the Budget Process amendment requires the Council to provide by
ordinance the procedures for administration and fiduciary oversight of the budget; and
WHEREAS, the Budget Process amendment requires proposed goals and
expenditures for current operations during the ensuing fiscal year, and methods to
measure outcomes and performance related to the goals; and
WHEREAS, the Budget Process amendment requires proposed longer term goals and
capital expenditures during the ensuing fiscal year and methods to measure outcomes
and performance related to the goals; and
WHEREAS, the Budget Process amendment requires a five (5) year capital program
with methods to measure outcomes and performance of the capital plan related to the
long-term goals of the community; and
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WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens involved in
local government through service on Boards and Commissions;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
Citizen’s Financial Advisory Board
Section 1.01 Definitions
For the purpose of this article, the following terms, phrases, words and their derivations
shall have the meaning given herein:
Citizen’s Financial Advisory Board (the “Board”): The Town of Trophy Club’s
Citizen’s Financial Advisory Board as appointed by the Town Council.
Director: A person appointed by the Town Manager as Director of Finance, or the
Director’s designee.
Budget: Those items found in the Home Rule Charter of the Town of Trophy Club,
Article IX Budget, Finance and Taxation, and associated Charter policies and
procedures.
Section 1.02 Board Established/Number of Members/Terms Established
and Qualifications
The Citizen’s Financial Advisory Board consisting of five (5) members is hereby
established as follows:
1. Qualifications. Members shall be residents of the Town of Trophy Club.
2. Compensation. Members shall serve without compensation.
3. Staggered Terms. Members’ terms will be for three (3) years/staggered. Places on the
Board shall be numbered 1 through 5. Places 1 and 2 on the initial Board shall serve for
a term of three (3) years. Places 3 and 4 on the initial Board shall serve for a term of two
(2) years. Place 5 on the initial Board shall serve for a term of one (1) year. Upon
expiration of the initial term, members appointed to those seats shall serve on a regular
three (3) year term interval.
4. Hold Over. If a replacement has not qualified upon the expiration of a member’s term,
then that member shall continue membership until replaced.
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Town Council 132 of 175 Meeting Date: October 18, 2010
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5. Officers. The Board shall annually elect a Chairperson, Vice-Chairperson and a
Secretary.
a. The Chairperson shall preside over meetings and shall be entitled to vote upon
each issue. Board shall conduct its meetings in accordance with the Town’s
Board, Commission and Committee Handbook.
b. The Vice-Chairperson shall assist the Chairperson in directing the affairs of the
Board. In the absence of the Chairperson, the Vice-Chairperson shall assume all
duties of the Chairperson. In the event that both the Chairperson and Vice-
Chairperson are absent, the proceedings shall be conducted in accordance with
Robert’s Rules of Order.
c. The Secretary shall record minutes of all meetings and in the Secretary’s
absence; the Chairperson shall designate another member to act as Secretary.
Upon approval by the Board, the Secretary shall sign the official copy of the
minutes. The Secretary shall distribute, once a year at the first regular meeting, a
copy of the current Citizen’s Financial Advisory Board Ordinance.
6. Director Participation. The Director of the Finance Department or designated
representative may attend the board meetings.
7. Ex-Officio Member. The Director shall be an ex officio member of the Board, with the
ability to participate in discussions but without the right to vote.
8. Absence. A member’s absence from three (3) meetings annually without formal
consent of the Board shall be deemed to constitute the resignation of that member and
shall be certified by the Chairperson to the Town Council. A member’s absence will be
considered at the next regularly scheduled meeting following the absence.
Members should attempt to make all regular meetings. However, if a member finds
difficulty in maintaining regular attendance, it is suggested that the member consider
whether they have sufficient time to be an effective member. It is the responsibility of a
member in this position to initiate a discussion with the Chairperson or staff liaison about
attendance.
The Chairperson of the Board is to maintain a charted attendance record for all
members. If attendance becomes an issue, the Chairperson will attempt to secure a
written resignation.
9. Meetings. Regular meetings shall be held at least once quarterly on the date and at
the time established by the Board as provided in this Ordinance.
10. Quorum. A majority of members shall constitute a quorum.
11. Minutes. Minutes of each Board meeting shall be filed with the Town Secretary.
Section 1.03 Powers and Duties of the Board
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Town Council 133 of 175 Meeting Date: October 18, 2010
DRAFT
The Citizen’s Financial Advisory Board shall have the following powers and perform the
following duties:
1. Advisory Capacity to Council: The Board shall act principally in an advisory capacity to
the Town Council and Town staff. The Board shall only accomplish those tasks directed
or approved by Council.
2. Cooperative Opportunities: The Board may cooperate with other governmental
agencies, civic organizations, industry and all citizens of the Town in the gathering and
development of information.
3. Amendments to Ordinance: The Board shall review this Ordinance annually, and
forward any recommended amendments to the Town Council.
4. Reports: The Board, through its Chairperson or their designee, shall make an oral and
written report annually to the Town Council concerning its activities during the previous
year.
5. Actions of Board as a Unit. No action of any individual member(s) is authorized except
as approved by the Board. Only the Board acting as a whole shall exercise the powers
and duties of the Board.
Section 1.04 Procedures of the Board
The procedures of the Board are as set out below:
1. The Board shall establish the schedule and time for its regular meetings. The
Chairperson may call special meetings. All meetings shall be held in a public place with
public notice as prescribed by law.
2. A quorum consisting of a majority of members shall be required for the transaction of
any business.
SECTION 1.05 SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the
Citizen’s Financial Advisory Board 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.
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SECTION 1.06 SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or
application thereof to any person or circumstance, is held invalid or unconstitutional by a
Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of the Ordinance, and the Town Council hereby declares it would have passed
such remaining of the Ordinance despite such invalidity, which remaining portions shall
remain in full force and effect.
SECTION 1.07 ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance in accordance with the Town Charter and by filing this Ordinance in the
Ordinance records of the Town.
SECTION 1.08 EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance with
law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this the XXth day of XXX, 2010.
_______________________________
Mayor, Connie White
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Acting Town Secretary, Shannon DePrater
Town of Trophy Club, Texas
[SEAL]
_______________________________
Town Attorney, Patricia A. Adams
Town of Trophy Club, Texas
Town Council 135 of 175 Meeting Date: October 18, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-570-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/11/2010 Town Council
On agenda:Final action:10/18/2010
Title:Consider and take appropriate action regarding financial and variance report for September 2010
(Preliminary).
Attachments:Preliminary September 2010 Monthly Financial Statements.pdf
Action ByDate Action ResultVer.
Town Council 136 of 175 Meeting Date: October 18, 2010
File #: 2010-570-T, Version: 1
Title
Consider and take appropriate action regarding financial and variance report for September 2010 (Preliminary).
Body
The September 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
actual fiscal year to date revenues and departmental expenditures which vary more than 10% from the percent of the
fiscal year lapsed.
Management recommends approval.
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 137 of 175 Meeting Date: October 18, 2010
Town Council 138 of 175 Meeting Date: October 18, 2010
Town Council 139 of 175 Meeting Date: October 18, 2010
Town Council 140 of 175 Meeting Date: October 18, 2010
Town Council 141 of 175 Meeting Date: October 18, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-553-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:Consider and take appropriate action regarding the dates for the regularly scheduled meetings for the
remainder of 2010 and the potential scheduling of regular work sessions.
Attachments:Calendar.pdf
Meeting Schedule Backup.pdf
Action ByDate Action ResultVer.
Town Council 142 of 175 Meeting Date: October 18, 2010
File #: 2010-553-T, Version: 1
Title
Consider and take appropriate action regarding the dates for the regularly scheduled meetings for the remainder of 2010
and the potential scheduling of regular work sessions.
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 143 of 175 Meeting Date: October 18, 2010
1
10/12/2010 9:11 AM
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5
Meeting Date: October 18, 2010
2
10/12/2010 9:11 AM
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Meeting Date: October 18, 2010
1
Shannon DePrater
From:Lisa Hennek
Sent:Friday, September 24, 2010 9:17 AM
To:Town Council; Hoover, Larry
Subject:FW: November and December Council Meetings
Mayor and Council,
Council member Hoover asked that I forward the following message as he will be in attendance on October 18 to discuss.
"I have no problem moving council meetings to open dates as I have nothing else on my calendar for the rest of
the year. I don’t think we should cancel any as we need to address the city manager issue and we need to start
working on the budget this year and not next."
Thanks,
Lisa
______________________________________________
From: Lisa Hennek
Sent:Friday, September 24, 2010 8:48 AM
To:Town Council; Hoover, Larry
Subject:November and December Council Meetings
Mayor and Council,
Several have inquired about moving/cancelling the meetings in November and December.
The following is an updated list of the remaining 2010 Council meetings and absences. We will add an item to the
October 18, 2010 Council Agenda to discuss moving or cancelling the meetings in November and December. Council
Member Hoover considering you will be absent from this meeting, please let either the Mayor or Shannon know your
preferences on moving/cancelling the November and December meetings.
9/27/10 Srother, Stotts
10/4/10 Srother
10/18/10 Hoover
11/1/10 Rose
11/15/10
12/6/10
12/20/10 Hoover, Cantrell
Charter
3.09 Meetings of the Council
The Council shall hold at least two (2) regular meetings a month for at least seven (7) months and a
minimum of one meeting during each of the other five (5) months at a time to be fixed by Council for
such regular meetings. Council may hold as many other meetings as may be necessary for the
transaction of the business of the Town. All regular meetings shall be held at the Municipal Building
or at such other places within town limits as will permit the attendance of the general public. All
meetings will be held in accordance with open meeting laws of the State of Texas.
3.10 Special Meetings
The Mayor or any three (3) members of the Council may call special meetings by giving notice to the
Town Secretary of the nature of the meeting, the items for consideration, and the proposed date and
time of the meeting. The Town Secretary shall notify each member of the Council of the time of such
meeting and purpose thereof. Only matters mentioned in the call shall be considered.
Council Rules and Procedures
Town Council 147 of 175 Meeting Date: October 18, 2010
2
Codification, Chapter 1- Section 6.01 Rules of Procedure
C. Types of Meetings
1. Regular Meetings
The Town Council shall meet in the Council/Board Room at the Municipal Utility District Building, 100 Municipal Drive,
Trophy Club, Texas on the first and third Monday of each month to be scheduled for 7:00 p.m. o’clock, unless otherwise
officially changed by the Town Council.
2. Special Meetings
Special meetings may be called by the Mayor or by any three members of the Town Council. The call for a special
meeting shall be filed with the Town Secretary in written form, except that announcement of a special meeting, during any
regular meeting at which all members are present, shall be sufficient notice of such special meeting. The call for a special
meeting shall specify the day and the hour of the special meeting, and shall list the subject or subjects to be considered.
No special meeting shall be held until at least 72 hours after the call is issued. Only such business may be transacted at a
special meeting as may be listed in the call for said meeting or as incident thereto.
3. Emergency Meetings
In case of emergency or urgent public necessity, which shall be expressed in notice of the meeting, an emergency
meeting shall be called by the Chairman/Mayor or on the application of three (3) members of the Town Council, and it
shall be sufficient if the notice is posted two (2) hours before the meeting is convened.
4. Recessed Meetings
Any meeting of the Town Council may be recessed to a later time, provided that no recess shall be for a longer period
than until the next regular meeting.
Thank you,
Lisa Hennek
“Pretend that every single person you meet has a sign around his or her neck that says, 'Make me feel important.' " Mary
Kay Ash
HR Manager/Town Secretary
682-831-4601
ATTENTION PUBLIC OFFICIALS
Please note that any correspondence, such as e-mail or letters, sent to Town staff or Town officials may become a public record and
made available for Public/media review. Also, a “Reply to All” of this e-mail could lead to violations of the Texas Open Meetings Act.
Please reply only to the sender.
Town Council 148 of 175 Meeting Date: October 18, 2010
Shannon DePrater
Subject: FW: Council Dates in November and December
Page 1 of 1
10/12/2010
From: Carolyn Huggins
Sent: Tuesday, October 05, 2010 10:12 AM
To: Lisa Hennek; Shannon DePrater; Stephen Seidel
Subject: Council Dates in November and December
Shannon,
Could you let the Council know that there are a number of development issues coming forward in November and
December to P&Z and Council and developers are counting on the Council dates of November 1 and 15 and
December 6 in order to move their projects forward. If the Council decides to change those dates, I need to know
as soon as possible in order to notify the developers about how it impacts their projects.
It's possible some of these could spill over to the 2nd meeting in December. If that meeting is cancelled, it could
impact the developers who have contracts that stipulate that they must have Council approval before the end of
the year.
Scheduled and Advertised for November 1
Preliminary Plat, Final/Replat and Site Plan for Independence Park East
Preliminary Plat, Final Plat and Site Plan for Freedom Park
Final Plat for Neighborhood 1, Phase
Tentatively scheduled for November 15
Final Plat for Neighborhood 4, Phase
Final Plat for Neighborhood 5, Phase
Final Plat for Neighborhood 6, Phase
Tentatively scheduled for December 6
Replat of Lot 8, Block 1, Waters Edge at Hogan's Glen
Trophy Club Commons Preliminary Plat
Thank you,
Carolyn Huggins
Community Development
Town of Trophy Club
682-831-4681
Town Council 149 of 175 Meeting Date: October 18, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-579-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/14/2010 Town Council
On agenda:Final action:10/18/2010
Title:Finance Director DuBose's update regarding the following; discussion of the same.
1. Financial Software Implementation
2. Economic Dashboard on Town's Website
Attachments:
Action ByDate Action ResultVer.
Town Council 150 of 175 Meeting Date: October 18, 2010
File #: 2010-579-T, Version: 1
Title
Finance Director DuBose's update regarding the following; discussion of the same.
1. Financial Software Implementation
2. Economic Dashboard on Town's Website
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 151 of 175 Meeting Date: October 18, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-557-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:Mayor and Council Updates regarding training opportunities, educational sessions, and regional
meetings; discussion of same.
Attachments:
Action ByDate Action ResultVer.
Town Council 152 of 175 Meeting Date: October 18, 2010
File #: 2010-557-T, Version: 1
Title
Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of
same.
Body
- Chamber Luncheon - Annual Mayor's State of the Community Address
- National Night Out
- North Texas Super Bowl XLV Host Committee Meeting
- Byron Nelson High School Parade and Pep Rally
- Report to the Community Luncheon
- Northwest Communities Partnership Meeting
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 153 of 175 Meeting Date: October 18, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-558-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:Items for Future Agendas.
Attachments:Future Agenda Items List.pdf
Action ByDate Action ResultVer.
Town Council 154 of 175 Meeting Date: October 18, 2010
File #: 2010-558-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 155 of 175 Meeting Date: October 18, 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
Budget 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 the Amenity Lake; discussion and action of the same.
(Stotts, 6/7/10)
8. Staff update regarding Marshall Branch Creek area located North of HWY114;
discussion and action of the same. (Stotts, 6/21/10)
9. Staff update regarding the loop road and a report from the engineer firm hired by
the County. (Stotts, 6/21/10)
10. 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.
11. 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.
12. Presentation and 10-year plan from Dr. Walker on Trophy Club Park. (Stotts,
10/4/10)
13. Specific proposal from staff regarding the amenity lakes including associated costs
to accept the amenity lakes from the developer. (Stotts, 10/4/10)
Town Council 156 of 175 Meeting Date: October 18, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-559-T Name:
Status:Type:Agenda Item Executive Session
File created:In control:10/7/2010 Town Council
On agenda:Final action:10/18/2010
Title:Council to convene into executive session pursuant to Texas Government Code, Annotated,
Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the appointment, employment,
evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee:
(1) Town Manager Employment Agreement with Mr. Mike Slye
Attachments:
Action ByDate Action ResultVer.
Town Council 157 of 175 Meeting Date: October 18, 2010
File #: 2010-559-T, Version: 1
Title
Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section
551.074(a) "Personnel Matters, to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of a public officer or employee:
(1) Town Manager Employment Agreement with Mr. Mike Slye
Town Council 158 of 175 Meeting Date: October 18, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-555-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:Consider and take appropriate action regarding the Employment Agreement to engage the services of
Mr. Mike Slye as Town Manager.
Attachments:
Action ByDate Action ResultVer.
Town Council 159 of 175 Meeting Date: October 18, 2010
File #: 2010-555-T, Version: 1
Title
Consider and take appropriate action regarding the Employment Agreement to engage the services of Mr. Mike Slye as
Town Manager.
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 160 of 175 Meeting Date: October 18, 2010
Supplement
Information
Town Council 161 of 175 Meeting Date: October 18, 2010
October 7, 2010
Number 7
PRE-FILING OF BILLS BEGINS IN NOVEMBER
Bill filing for the 2011 legislative session begins on Monday, November 8.
The 2009 session was characterized, first and foremost, by the volume of work. Lawmakers
filed 7,609 bills and proposed Constitutional amendments. That’s an increase of 19 percent over
the 2007 figure and 29 percent more than 10 years ago. According to the trend, it is likely that
even more bills will be filed in the upcoming session.
As always, the Legislative Update will feature summaries of city-related bills. During the
upcoming legislative session, the legislature will have several major issues to address. Voter
identification legislation, which caused a significant “bottleneck” of bills at the end of last
session, will be back. In addition, legislators will review several important state agencies,
including the Department of Transportation, the Commission on Environmental Quality, the
Railroad Commission, and many others.
Throw in redistricting and a huge state budget deficit, and some argue that those in Austin will
be too busy with state-level issues to file and pursue legislation that would erode municipal
authority. Unfortunately, the League’s experience is that such an assertion hasn’t proved true in
the past.
Town Council 162 of 175 Meeting Date: October 18, 2010
2
READ THE FINE PRINT: BOND RATING COMPANIES
SEEKING INDEMNIFICATION FROM CITIES
Texas cities should be cautious when considering agreements with bond rating companies.
According to the International Municipal Lawyers Association, at least one bond rating company
has inserted language into a standard contract that would force a city that issues bonds to
indemnify the company against any losses. That type of language would be problematic for
Texas cities, because there is some doubt as to whether a city may legally agree to a blanket
indemnity clause that is not supported by an appropriation.
This development only reinforces the notion that cites should work closely with local counsel
prior to entering into any agreement with a bond rating company.
LEGAL NOTICES: IS YOUR CITY BEING OVERCHARGED?
Numerous Texas statutes require cities to publish notice of various city actions. Chapter 2051 of
the Texas Government Code generally governs the type of newspaper that should be used, as
well as other notice-related issues.
One issue that city officials should consider is the amount a newspaper is allowed to charge a
city for legal notices. Some city officials may be surprised to learn that Section 2051.045 of the
Government Code provides that “[t]he legal rate for publication of a notice in a newspaper is the
newspaper’s lowest published rate for classified advertising.” (Emphasis added).
Further, Section 2051.048 provides that a city shall publish notices in a newspaper that is: (1)
published in the city; and (2) willing to publish the notice at or below the legal rate. If no
newspaper published in the city will publish the notice at or below the legal rate, the city shall
publish the notice in a different newspaper that: (1) is published in the county in which the city is
located; and (2) will charge the legal rate or a lower rate.
Finally, if no newspaper published in the county in which the city is located will publish the
notice at or below the legal rate, the city shall post the notice at the door of the county
courthouse.
While some cities may choose to publish notices in a local paper that charges more than the legal
rate, others may wish to post the notice at the county courthouse door and solicit public input in
more economical ways. City officials should consult with local legal counsel before choosing a
course of action.
Town Council 163 of 175 Meeting Date: October 18, 2010
3
TEXAS DEPARTMENT OF LICENSING AND REGULATION
SETS MAXIMUM PRIVATE PROPERTY TOWING FEES
Last legislative session, the legislature adopted H.B. 2571. That bill provides that a city may
regulate the fees that are charged for private property tows. However, the fee cannot exceed the
maximum amount allowable by rule promulgated by the Texas Department of Licensing and
Regulation (TDLR). In August 2010, TDLR adopted a rule that sets the maximum fee a towing
company can charge for a private property tow. Under the new rule, the fee charged by a towing
company cannot exceed $250 for a “light duty tow,” $350 for a “medium duty tow,” or $450 per
unit or a maximum of $900 for a “heavy duty tow.”
The new rules relating to private property towing fees can be found in the August 27, 2010,
edition of the Texas Register.
http://www.sos.state.tx.us/texreg/archive/August272010/adopted/16.ECONOMIC%20REGULA
TION.html#175.
RAILROAD COMMISSION PROPOSES GAS PIPELINE
REPLACEMENT RULES
The Texas Railroad Commission has proposed rules that would require all gas system operators,
including municipal operators, to develop and implement a risk-based program for the removal
or replacement of certain distribution facilities. (Replacement of steel service lines is the
primary goal of the rule.)
Each operator will be required to develop a risk-based program in conjunction with the recently
adopted U.S. Department of Transportation Pipeline and Hazardous Materials Safety
Administration's regulations regarding integrity management.
Each operator will use the risk-based program to manage any risks identified through the risk-
based analysis by developing a replacement program to remove those integrity-related risks from
its system.
This proposed rule could be extremely costly for cities that operate a gas utility. Detailed
information about the proposed rule is available here.
http://www.sos.state.tx.us/texreg/archive/September102010/PROPOSED/16.ECONOMIC%20R
EGULATION.html#30.
The Railroad Commission is accepting comments on the proposed rules until noon on Tuesday,
October 12, 2010.
Town Council 164 of 175 Meeting Date: October 18, 2010
4
EPA BEGINS WATER QUALITY STANDARDS REVISIONS
The U.S. Environmental Protection Agency (EPA) is revising its water quality standards (WQS)
in a rulemaking set to begin next summer. The EPA is currently seeking informal comments
from regulated entities, including cities. The WQS regulation amendments will include changes
in: (1) antidegradation policies protecting current water quality, and their implementation at the
state level; (2) how the EPA administrator determines that a revised or new standard is necessary
to meet the requirements of the Clean Water Act, and what action that requires from the EPA; (3)
the definition of “uses” for water quality protection purposes and how use attainability is defined
by the agency; (4) the regulatory expectations of states from the EPA regarding states repeatedly
granting variances from the WQS; (5) the scope and inclusiveness of triennial standards reviews
at the state level; and (6) how the rules reflect recent court decisions.
The EPA has already accepted informal comments on these proposed changes. The agency will
review those comments and create proposed rules for publication in the Federal Register next
summer. At that time, there will be an opportunity for formal comment. More detailed
information about the WQS review and proposed changes is available on the EPA Web site.
http://water.epa.gov/lawsregs/lawsguidance/wqs_index.cfm.
Written comments may be submitted either via e-mail to SHPDcomments@epa.gov, or by mail
to:
Thomas J. Gardner
Office of Science and Technology (Mail Code 4305T)
Office of Water
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW
Washington, DC 20460
If you have basic questions about this proposed rulemaking, please contact Lauren Crawford in
the TML Legal Department at (512) 231-7400 or lauren@tml.org.
NEW ADA RULES MAY AFFECT CITY WEB SITES
The U.S. Department of Justice (DOJ) has released an advanced notice of proposed rulemaking
formally announcing its intent to regulate government Web sites, 9-1-1 technology, and other
equipment. The DOJ requested comments on this rulemaking on July 26, 2010, and is accepting
comments until the end of December.
Town Council 165 of 175 Meeting Date: October 18, 2010
5
The DOJ believes that the ADA currently requires Web sites to comply with the ADA, and may
propose rules for clarification. The rules would regulate cities and other governmental entities
that provide goods, services, programs, or activities to the public online. The DOJ is considering
one of two possible sets of guidelines for Web accessibility: (1) the Web Content Accessibility
Guidelines, which are international standards developed by an independent agency; or (2) the
federal government’s own Web guidelines.
The DOJ is also considering regulating 9-1-1 accessibility in order to ensure that individuals with
disabilities will have direct access to 9-1-1 during an interim period until, and after, “Next
Generation” 9-1-1 is implemented.
Any rules adopted regarding either Web sites or 9-1-1 accessibility could affect the way cities
provides services. For more information on these possible rulemakings, click here.
http://www.ada.gov/anprm2010.htm
SENATE COMMITTEE DEBATES CITY
JAIL STANDARDS AND TRAINING
On September 7, the Senate Committee on Criminal Justice held a hearing on the following
charge:
Study and make recommendations related to municipal jails and other detention
facilities that operate without state agency oversight. Identify the number of such
facilities and the population detained, as well as best practices for municipal jails.
Make recommendations to improve services and consider options for oversight of
facilities by the Texas Commission on Jail Standards.
Brandon Wood, assistant director of the Texas Commission on Jail Standards (a state agency)
testified that the commission has oversight of county jails, but not of city jails. The chair of the
Senate committee was surprised by this dichotomy and assumed that TML was behind it.
[Please click here [http://wwwebinars.com/CriminalJustice/CJ120200207.swf] to hear Mr. Wood
describe the city exemption and the chair’s reaction.] Mr. Wood’s agency recommended that
city facilities limit their detentions to 72 hours, require staff certification, adopt minimum jail
standards, and allow outside audits.
Donna Klaeger, county judge of Burnet County, testified that she supports mandatory city jail
standards. [Please click here [http://wwwebinars.com/CriminalJustice/CJ2_20700207x331.swf]
to hear her recommendation.] Ms. Klaeger did not explain to the committee why a county
official is concerned about city jail operations.
Town Council 166 of 175 Meeting Date: October 18, 2010
6
Tim Braaten, executive director of the Texas Commission on Law Enforcement Officer
Standards and Education (TCLEOSE), testified that his agency licenses county jail personnel,
but not city personnel. Mr. Braaten testified that TCLEOSE receives “little or no” complaints
relating to city jails.
David Barber, police chief in the City of Hedwig Village, testified on behalf of the Texas Police
Chiefs Association and on behalf of TML. He explained the necessity of city jails and argued
against state standards for city jails because of the different nature of city jails versus county
jails. Namely, city jails detain persons temporarily while county jails hold people for the long
term. Meeting county jail standards would involve “staggering” expense in construction and
maintenance. A jail official from Houston, Patrick Dougherty, made similar distinctions
between city and county jails.
The Municipal Jail Association of Texas is a non-profit membership organization that includes
as members many city jail employees. A board member of that association, who is also a city
employee of a North Texas city, testified in favor of standardized and certified training of city
jail employees. [Please click here [http://wwwebinars.com/CriminalJustice/CJ32335023806.swf]
to listen to her testimony.]
The TML Legislative Policy Committee on General Government recently recommended that
TML oppose legislation that would “mandate jail standards for city jails or mandate any form of
certification for city detention officers.” Even if the League ultimately adopts that position,
arguing against such standards is made difficult when some city employees argue in favor of
statewide training standards.
PUC ADOPTS RULES GOVERNING ELECTRIC AND
TELECOMMUNICATIONS BILLS
In response to billing disputes between cities and electric and/or telecommunications companies,
the Public Utility Commission has adopted rules governing utility payment overdue dates. The
rules, found in 16 Texas Administrative Code Sections 25.33, 25.482, and 26.33, attempt to
clarify that a bill submitted to a governmental entity by an electric utility, an electric aggregator,
a retail electric provider, or a certified telecommunications utility is subject to the Texas Prompt
Payment Act.
The Texas Prompt Payment Act, found in Chapter 2251 of the Texas Government Code,
provides a framework under which governmental entities – including cities – must make
payments to vendors. The law generally requires that a payment made by a governmental entity
is overdue on the 31st day after the later of: (1) the date the governmental entity receives the
goods under the contract; (2) the date the performance of the service under the contract is
completed; or (3) the date the governmental entity receives an invoice for the goods or service.
(If a governmental body meets only once a month or less frequently, a payment becomes overdue
Town Council 167 of 175 Meeting Date: October 18, 2010
7
after the 46th day.) A governmental entity may be subject to interest and other penalties and/or
remedies if a payment to a vendor becomes overdue.
If there is a bona fide dispute between the governmental entity and a vendor about the goods
delivered or the service performed that causes the payment to be late, the payment is not
considered overdue. However, to avail itself of the protections provided pursuant to a dispute, a
governmental entity must notify a vendor of an error in an invoice not later than the 21st day
after the date the entity receives the invoice. That short dispute period may limit the ability of
cities to audit their utility bills. Apparently, a city may not be able to dispute a billing error
discovered after the deadline.
The new rules require the affected vendors to provide written notice of the applicability of the
Prompt Payment Act to all of their non-residential customers within six months. City officials
may want to review their payment policies to ensure compliance with the new rules and the
Prompt Payment Act.
HOLIDAY ORNAMENTS SUPPORT CAPITOL
PRESERVATION
The speaker of the Texas House of Representatives has asked the League to inform its members
about the availability of Texas Capitol Ornaments. In celebration of fifteen years of Capitol
preservation and education projects, the State Preservation Board is pleased to introduce the
2010 Capitol Ornament, which is the fifteenth in a series of annual collectible ornaments. More
than $5 million has been generated through the sale of the ornaments to support ongoing Capitol
conservation and maintenance programs, including public education about the building, its
contents, and the historic Capitol grounds. For example, the current Capitol Dome Project,
scheduled to be completed in time for the holidays, will ensure that the building is durable
enough to withstand the harsh Texas weather.
The cost for each 3 inch x 3 inch ornament is $18.00. That cost includes an elegant velour-lined
gift box, along with a brochure about the ornament program. Mail orders can be sent to:
The Capitol Giftshop
P.O. Box 13286
Austin, Texas 78711
To order by phone, call 888-678-5556 or 512-305-8406. You may also order online here.
www.TexasCapitolGiftshop.com.
Town Council 168 of 175 Meeting Date: October 18, 2010
8
MUNICIPAL COST INFLATION STILL RISING
The Municipal Cost Index (MCI), developed exclusively by American City and County
magazine, shows the effect of inflation on the cost of providing municipal services. The MCI is
used to study price trends, make informed government contract decisions, and facilitate sound
budget planning.
According to American City and County magazine, the MCI for September was 212.4. That’s 0.1
percent higher than last month’s MCI and an increase of 3.4 percent over the previous twelve
months. The September 2009 MCI was 205.4.
TML member cities may use the material herein for any purpose.
No other person or entity may reproduce, duplicate, or distribute any part
of this document without the written authorization of the
Texas Municipal League.
Town Council 169 of 175 Meeting Date: October 18, 2010
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Meeting Date: October 18, 2010
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Meeting Date: October 18, 2010
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Meeting Date: October 18, 2010
100 Muni cipal DriveTrophy Club Entities Trophy Club , Texas 76262
Meeting Minutes
Economic Development Corporation
48 (EDC 48)
Tuesday, September 21,2010 6:30 PM Svore Municipal Building Boardroom
STATE OF TEXAS
COUNTY OF DENTON
The Economic Development Corporation 4B of the Town of Trophy Club, Texas , met
in Regular Session on September 21. 2010. The meeting wa s held within the
boundaries of the Town and wa s open to the public.
EDC 4B DIRECTORS
Present: 5 -President James Hicks . Director Dan Bishop, Vice President Dave Glaser,
Director Nick Sanders . and Director Rebecca Shuman
Absent: 2 -Dire c tor Zachary Jeffery, and SecretarylTrea surer Dean Murray
STAFF AND GUEST(S) PRESENT:
Shannon DePrater, Deputy Town Secretary / RMO
Bill Rose, Council Member
Margi Cantrell, Council Member
Nicole Fontayne , Board Candidate
James Hanna, Board Candidate
Bob Fair, Board Candidate
Sean Weaver, Board Candidate
Call To Order and announce a quorum .
President Hicks, noting a quorum, called the regular session to order at 6 :36
p.m.
REGULAR SESSION
1. 2010-463·T Di s cuss and take appropriate action regarding the approval of the July 12, 2010
Regu lar Session Meeting Minutes.
Attachments: J uly 122010 Minutes .pdf
Director Sanders moved to approve the July 12, 2010 Regular Session Minutes
as presented; Director Glaser seconded. The motion CARRIED by the
following vote:
EDC4B 1 of 3 Meeting Date : September 21 , 2010
Town Council 173 of 175 Meeting Date: October 18, 2010
Economic Development Meeting Minutes September 21, 2010
Corporation 4B (EDC 4B)
2. 2010-464-T
3. 2010-465-T
4. 2010-466-T
5. 2010-467-T
EDC4B
Aye: 5 -President Hicks, Director Bishop, Vice President Glaser, Director
Sanders, and Director Shuman
Discuss and take appropriate action regarding the Monthly Financials Dated:
a . June 2010
b. July 2010
Attachments : June 2010 Monthly Financial Statements.pdf
July 2010 Monthly Financial Statements. pdf
Director Bishop moved to approve both the June 2010 and July 2010 Financials
as presented . Director Shuman seconded. The motion CARRIED by the
following vote :
Aye: 5 -President Hicks , Director Bishop, Vice President Glaser, Director
Sanders, and Director Shuman
Interview candidates for the three (3) expired seats on the Economic Development
Corporation 4B Board :
a. 6:45 p.m. -Nicole Fontayne
b. 7:00 p.m. or immediately following previous appli c ant -James Hanna
c . 7 :15 p .m. or immediately following previous applicant -Amy London
d. 7:30 p .m . or immediately following previous applicant -Bob Fair
e . 7:45 p.m. or immediately following previous appli cant -Sean Weaver
f. Questions/Comments for current Director reapplying -Jim Hicks
Attachments: EDC 4B Applications .pdf
The Board interviewed five applicants; Ms . London was unavailable to attend.
Discussion Only -No action taken
The board took a short break before interviewing the last applicant, Mr. Sean
Weaver.
Discuss and take appropriate action regarding a recommendation of candidates to
the Town Council for three (3) expired seats on Economic Development Corporation
4B.
Director Shuman asked the Board if it is appropriate to request that new Board
members be required to attend EDC training within the first 12 months of being
appointed to the Board.
Director Shuman asked that this be added to the next meeting agenda to discuss .
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. The motion CARRIED by the
following vote:
Aye: 5 -President Hicks , Director Bishop, Vice President Glaser, Director
Sanders , and Director Shuman
Next Meeting scheduled for October 11,2010 at 6 :30 p.m .
Pre sident Hicks announced the next Regular Session meeting is scheduled for
October 11, 2010 at 6:30 p.m.
2 of 3 Meeting Date September 21,2010
Town Council 174 of 175 Meeting Date: October 18, 2010
Economic Development Meeting Minutes September 21,2010
Corporation 4B (EDC 4B)
6. 2010-468-T
Adjourn
Discussion Only -No action taken
President Hicks to address outgoing Directors.
President Hicks thanked Director Bishop for his service and support to the Town and
the Board and wished him luck in his future endeavors.
Discussion Only -No action taken
Director Shuman motioned to adjourn at 8:53 p.m.; Director Sanders seconded.
The motion CARRIED by the following vote:
Aye: 5 -President Hicks, Director Bishop, Vice President Glaser, Director
Sanders, and Director Shuman
James Hicks, President
Dean Murray, Treasurer/Secretary
EDC 4B 3 of 3 Meeting Date: September 21,2010
Town Council 175 of 175 Meeting Date: October 18, 2010