Agenda Packet TC 10/04/2010Town Council
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom7:00 PMMonday, October 4, 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."
1.2010-537-T Photo and a Proclamation presentation of the Patriot Flag presentation held on Friday,
September 24, 2010; discuss and take any appropriate action regarding same.
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.
PUBLIC HEARING
2.2010-493-T Public Hearing to consider a request for approval of an amendment to Planned
Development No. 13, "Village", Ordinance No. 95-20, Exhibit "C" Development
Standards to allow Outdoor Display of propane and ice, for sale inside the store, and a
request to permanently remain open 24-hours. Applicant: The Dimension Group on
behalf of 7-Eleven, Inc. (PD-AMD-09-032)
Staff Report - TC 100410.pdf
Application.pdf
Property Owner Notification.pdf
Property Owners within 200 ft.pdf
Public Hearing - Newspaper.pdf
Ordinance 2010-28 PZ 7-Eleven PD-13 AMENDMENT.pdf
Attachments:
REGULAR SESSION
Town Council 1 of 67 Meeting Date: October 4, 2010
October 4, 2010Town Council Meeting Agenda
3.2010-494-T Consider and take appropriate action regarding an Ordinance amending PD Planned
Development No. 13 by amending Exhibit "C" Development Standards to allow Outdoor
Display of propane and ice, for sale inside the store, and a request to permanently
remain open 24-hours. Applicant: The Dimension Group on behalf of 7-Eleven, Inc.
(PD-AMD-09-032)
4.2010-536-T Consider and take appropriate action regarding an Interlocal Agreement between the
Town of Trophy Club and Denton County pursuant to the Texas Transportation Code
for the purpose of receiving "Scofflaw" services to prevent those persons with
outstanding fines and warrants for violations of traffic laws pending in the Town's
Municipal Court from registering their motor vehicles until such fines or warrants are
resolved.
67_LA_Denton_County_Scofflaw.pdfAttachments:
5.2010-540-T Consider and take appropriate authorizing the execution of the Atmos Cities Steering
Committee participation agreement; authorizing payment of a participation fee; and
providing an effective date.
ATMOS Participation Agreement for Trophy Club.pdf
Invoice.pdf
Res.2010-24 Participation Agreement for Trophy Club.pdf
Attachments:
6.2010-543-T Acting Town Manager Seidel's update regarding the following; discussion of the same.
1. Roundabout
2. Fall Festival
7.2010-539-T Mayor and Council Updates regarding training opportunities, educational sessions, and
regional meetings; discussion of same.
8.2010-538-T Items for Future Agendas
Items for Future Agendas.pdfAttachments:
EXECUTIVE SESSION
9.2010-541-T Council to convene into executive session pursuant to Texas Government Code,
Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of
a public officer or employee:
(1) Discussion regarding the hiring of the Town Manager
RECONVENE INTO REGULAR SESSION
10.2010-542-T Consider and take appropriate action regarding the Executive Session.
ADJOURN
* The Town Council may convene into executive session to discuss posted items as
allowed by the Texas Open Meeting Act, LGC.551.071
Town Council 2 of 67 Meeting Date: October 4, 2010
October 4, 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 1, 2010 by 5:00
P.M. in accordance with Chapter 551, Texas Government Code.
___________________________________
Shannon DePrater, Deputy Town Secretary
If you plan to attend this public meeting and have a disability that requires special
needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in
advance and reasonable accommodations will be made to assist you.
I certify that the attached notice and agenda of items to be considered by this Board
was removed by me from the front window of the Svore Municipal Building, 100
Municipal Drive, Trophy Club, Texas, on the __________ day of
______________________, 2010.
________________________________, Title: ___________________________
Town Council 3 of 67 Meeting Date: October 4, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-537-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:9/29/2010 Town Council
On agenda:Final action:10/4/2010
Title:Photo and a Proclamation presentation of the Patriot Flag presentation held on Friday, September 24,
2010; discuss and take any appropriate action regarding same.
Attachments:
Action ByDate Action ResultVer.
Town Council 4 of 67 Meeting Date: October 4, 2010
File #: 2010-537-T, Version: 1
Title
Photo and a Proclamation presentation of the Patriot Flag presentation held on Friday, September 24, 2010; discuss and
take any appropriate action regarding same.
Body
Bob Radder will make the presentation.
Town Council 5 of 67 Meeting Date: October 4, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-493-T Name:
Status:Type:Agenda Item Public Hearing
File created:In control:9/13/2010 Town Council
On agenda:Final action:10/4/2010
Title:Public Hearing to consider a request for approval of an amendment to Planned Development No. 13,
"Village", Ordinance No. 95-20, Exhibit "C" Development Standards to allow Outdoor Display of
propane and ice, for sale inside the store, and a request to permanently remain open 24-hours.
Applicant: The Dimension Group on behalf of 7-Eleven, Inc. (PD-AMD-09-032)
Attachments:Staff Report - TC 100410.pdf
Application.pdf
Property Owner Notification.pdf
Property Owners within 200 ft.pdf
Public Hearing - Newspaper.pdf
Ordinance 2010-28 PZ 7-Eleven PD-13 AMENDMENT.pdf
Action ByDate Action ResultVer.
Planning & Zoning Commission9/16/2010 1
Town Council 6 of 67 Meeting Date: October 4, 2010
File #: 2010-493-T, Version: 1
Title
Public Hearing to consider a request for approval of an amendment to Planned Development No. 13, "Village", Ordinance
No. 95-20, Exhibit "C" Development Standards to allow Outdoor Display of propane and ice, for sale inside the store, and
a request to permanently remain open 24-hours. Applicant: The Dimension Group on behalf of 7-Eleven, Inc. (PD-AMD-
09-032)
Town Council 7 of 67 Meeting Date: October 4, 2010
TOWN COUNCIL
October 4, 2010
SUBJECT: Public Hearing to consider a request for approval of an
amendment to Planned Development No. 13, “Village”,
Ordinance No. 95-20, Exhibit “C” Development Standards to
allow Outdoor Display of propane and ice, for sale inside the
store, and a request to permanently remain open 24-hours.
Applicant: The Dimension Group on behalf of 7-Eleven, Inc.
(PD-AMD-09-032)
PURPOSE: The applicant, 7-Eleven, Inc., represented by The Dimension
Group, is requesting approval of an amendment to Ordinance No.
95-20, Planned Development No. 13 (PD-13) to allow Outdoor
Display of propane and ice, for sale inside the store. 7-Eleven, Inc.,
also requests permission to permanently change the hours of
operation of the store to 24-Hours. 7-Eleven, Inc. is located at
2101 E. Highway 114 (near the intersection of Trophy Club Drive
and Highway 114) in the “Village” Shopping Center, Planned
Development No. 13 (PD-13).
PROPERTY OWNER:
7-Eleven, Inc.
1202 Richardson Drive
Richardson, TX 74080
APPLICANT: The Dimension Group
Mostafa Setayesh
10755 Sandhill Road
Dallas, TX 75238
FRANCHISEE: Sanjiv and Chandrika Shah
Town Council 8 of 67 Meeting Date: October 4, 2010
PERMITTED USES: 7-Eleven is located on Tract 2 in PD-13 on approximately 1.8
acres and is zoned for “convenience store with gasoline sales (no truck diesel, no
cigarette wrapping papers, nor any adult magazine or video sales allowed, no video
arcade machines allowed)”.
ADJACENT ZONING/EXISTING LAND USES:
North: R-11/residential
South: State Highway 114
East: PO/undeveloped (Beck owned property at Trophy Club Dr/114)
West: PD-13 Tract 1 Retail
HISTORY: PD-13 (Ordinance No. 95-20) was approved in November 1995, and the
Development Standards, Exhibit C, of PD-13 do not allow outdoor storage except for
refuse disposal. The applicant asks that the item be amended to allow propane and ice
display on the sidewalk of the 7-Eleven store.
Town Council 9 of 67 Meeting Date: October 4, 2010
2101 E. Highway 114
Town Council 10 of 67 Meeting Date: October 4, 2010
The propane storage cabinet is approximately: 6’-8” wide; 2’-3” deep; 6’-0” height
The Fire Chief has examined the propane display placement and has no objection to
this request.
The ice storage cabinet is approximately: 8’-0” wide; 3’-0” deep; 5’-5” height
Town Council 11 of 67 Meeting Date: October 4, 2010
The store would be limited to one cabinet of ice and one cabinet of propane of the
dimensions stated above.
7-Eleven is also requesting permission to permanently operate the store on a 24 hour a
day basis. The current Planned Development standards limit the hours of operation
from 6 a.m. to 11 p.m. However, several years ago, after a number of problems with
attempted break-ins and attempted vandalism of the store during early morning hours,
the store operators met with the Police Dept. and asked to remain open 24 hours on a
trial basis to determine if that would deter the criminal behavior. The then current police
chief agreed and the store began operating on a 24-hour basis which seemed to help
decrease the problems that had been occurring at the store. In addition, it created a
place for residents and police officers to get gasoline and a cup of coffee in the early
morning hours.
Over the last several years it seems to be a win-win situation for residents and the
Town, increasing services and sales tax revenue to the Town.
Police Chief Kniffen reviewed this request and stated the following: “The 24-hour
operation of the 7-Eleven store does not significantly impact criminal activity in the Town
of Trophy Club. There had been at least one burglary of the 7-Eleven store while the
store was closed. This resulted in the store's desire to remain open 24-hours. Also,
there have been a number of ATM thefts at closed convenience stores throughout the
Metroplex. While the store is open this type of activity is much less likely. The
Department conducts business checks of the store when in the area and Roanoke PD
frequently fuels its vehicles there. The presence of three agencies, Trophy Club,
Roanoke, and Keller PD, enhances security in the area. The Department does not have
any objection to the 7-Eleven remaining open 24 hours a day.”
Sales Tax Revenue
For their fiscal year 09-10 (August 2009 through July 2010), 7-Eleven reports sales tax
revenue of $37,118 (2% city rate) paid to the Town of Trophy Club.
By comparison, in 2005, prior to the store remaining open 24 hours, 7-Eleven paid
$23,817 (2% city rate) sales tax revenue to the Town of Trophy Club.
STAFF RECOMMENDATION:
Staff recommends approval of an amendment to the Planned Development to allow the
7-Eleven store to remain open 24 hours a day and to allow outdoor display of propane
and ice for sale inside the store with a stipulation limiting the number and size of the
propane cabinets allowed on the sidewalk to one each in size as follows:
Propane: No more than: 6’-8” wide; 2’-3” deep; 6’-0” height
Ice: No more than: 8’-0” wide; 3’-0” deep; 5’-5” height
The Chief of Police, the Fire Chief and Staff have evaluated this request with regard to
public safety, as well as for analysis of services provided to the community versus noise
and light pollution. To the sides and rear of the store, lighting is tucked up under the
Town Council 12 of 67 Meeting Date: October 4, 2010
eaves of the store and directed downward so as to not impact the residential
neighborhood behind the store. The store employees are aware of their responsibilities
to monitor noise during the overnight hours.
As noted below, notice of this request was sent to all property owners within 200-ft. of
the store. No comments have been received for or against this request.
Staff finds that the 7-Eleven franchisee (Sanjiv and Chandrika Shah) and their
employees have been good stewards of the site, providing continuous clean up
of the busy parking lot and surrounding green belt areas beside and behind the
store, and that neither lights or noise during the overnight hours are creating
detrimental conditions for Trophy Club residents. Staff recommends approval of
the request.
PUBLIC HEARING
As required by ordinance, a notice of public hearing was published in the local
newspaper and property owners within 200-ft. of the shopping center were notified of
this request. Copies of the notices are attached.
No comments have been received in support or opposition to this request.
PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and
Zoning Commission considered this item at a public hearing held on September 16,
2010. There were no requests to speak at the public hearing.
Commissioner Sheridan made a motion recommending approval to the Town Council of
7-Eleven’s request for outdoor display of propane and ice, and for permanent 24-hour
operation. The motion was seconded by Vice Chairman Stephens.
Ayes: Hill, Stephens, Reed, Davidson, Forest, Sheridan
Nays: None
Action: 6-0, Approved
(ch)
Attachments: Application for PD Amendment
Notice of Public Hearing
Ordinance No. 2010-XX P&Z
Town Council 13 of 67 Meeting Date: October 4, 2010
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Town Council 15 of 67 Meeting Date: October 4, 2010
Town Council 16 of 67 Meeting Date: October 4, 2010
Town Council 17 of 67 Meeting Date: October 4, 2010
Town Council 18 of 67 Meeting Date: October 4, 2010
Larry Blancett
1109 Sunset Dr.
Trophy Club, TX 76262
Milton Smith
1120 Sunset Dr.
Trophy Club, TX 76262
7-Eleven Inc.
2711 N. Haskell Avenue #1
Dallas, TX 75204-2911
Kurt & Natalie Henry
1111 Sunset Dr.
Trophy Club, TX 76262
Jeffrey Demiceli
1122 Sunset Dr.
Trophy Club, TX 76262
Texas National Bank
3205 E. Northwest Parkway
Southlake, TX 76092-6092
David & Barbara Gray
1112 Sunset Dr.
Trophy Club, TX 76262
Larry & Norma Smith
1124 Sunset Dr.
Trophy Club, TX 76262
Grace Development Inc.
3309 Fairmont Dr.
Nashville, TX 37203
Robert Clark
1113 Sunset Dr.
Trophy Club, TX 76262
Re: 1126 Sunset Dr.
Richard Sparks
P.O. Box 1790
Trophy Club, TX 76262
Oakmont Ent. Inc.
336 Watermere Dr.
Southlake, TX 76092-8113
Michael & Marolyn Zugay
Family Trust
1114 Sunset Dr.
Trophy Club, TX 76262
Marguerite Brindock
7-Eleven, Inc.
1202 Richardson Drive
Richardson, TX 74080
Luther & Jaunita Bruce
1115 Sunset Dr.
Trophy Club, TX 76262
The Dimension Group
Attn: Mostafa Setayesh
10755 Sandhill Road
Dallas, TX 75238
Charles Mohon &
Amanda Pogue
1116 Sunset Dr.
Trophy Club, TX 76262
Brandon & Kayla Sargent
1117 Sunset Dr.
Trophy Club, TX 76262
David & Joan White
1118 Sunset Dr.
Trophy Club, TX 76262
Bobby Priddy
1119 Sunset Dr.
Trophy Club, TX 76262
Town Council 19 of 67 Meeting Date: October 4, 2010
Town of Trophy Club
Department of Planning & Zoning
100 Municipal Drive
Trophy Club, Texas 76262
TO: Alliance Regional Newspapers /
Classifieds Dept.
DATE: August 30, 2010
FROM: Carolyn Huggins PAGES: 1
RUN DATE: 1 Time: Wednesday,
September 1, 2010
SUBJECT: Public Hearing
NOTICE OF PUBLIC HEARING
PLANNING & ZONING COMMISSION
Thursday, September 16, 2010
TOWN COUNCIL
Monday, October 4, 2010
A Public Hearing will be held by the Planning & Zoning Commission of the Town of
Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal
Drive, at 7:00 p.m., Thursday, September 16, 2010, to consider:
Amending Ordinance No. 95-20, PD Planned Development District No. 13, Exhibit “C”
Development Standards to delete, alter, and/or allow additional uses for Tract 2, Retail
Use with Gasoline Island, approximately 1.8 acres, a part of the “Village” Shopping
Center, and other miscellaneous changes to PD-13 as related to this request as
deemed necessary.
The Town Council will hear the above item on October 4, 2010, in the Boardroom of the
Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m.
Town Council 20 of 67 Meeting Date: October 4, 2010
Ordinance 2010-28
(File ID 2010-493)
1
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2010-28 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING
ORDINANCE NO. 95-20, AMENDING ORDINANCE NO. 97-16 P&Z,
AMENDING ORDINANCE NO. 97-23 P&Z, AMENDING ORDINANCE NO.
2001-09 P&Z, AMENDING ORDINANCE NO. 2002-23 P&Z, AND
AMENDING ORDINANCE NO. 2006-15 P&Z OF THE TOWN, THE SAME
BEING PD PLANNED DEVELOPMENT NO. 13, BY AMENDING EXHIBIT
“C” DEVELOPMENT STANDARDS, TO ALLOW CONVENIENCE STORE
WITH GASOLINE SALES LOCATED IN TRACT 2 TO BE OPEN TO THE
PUBLIC AND OPERATED FOR ITS INTENDED PURPOSES AS
ALLOWED BY THE TERMS OF PLANNED DEVELOPMENT #13 ON A 24-
HOUR, SEVEN DAY PER WEEK BASIS, AND ALLOWING OUTDOOR
DISPLAY OF PROPANE AND ICE FOR SALE INSIDE THE STORE;
PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN
ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE
ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF
THE TOWN; PROVIDING FOR THE INCORPORATION OF PREMISES;
PROVIDING FOR AN AMENDMENT; PROVIDING APPLICABLE
REGULATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING A
PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL
BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owner of Tract 2 of PD #13 (the “Land”), described as approximately
1.8 acres of land currently zoned PD Planned Development #13 for Retail/Commercial Use
with Gasoline Island, such tract located generally at the northwest corner of the intersection
of Trophy Club Drive and State Highway 114, filed an application with the Town Planning
and Zoning Commission requesting an amendment to the PD, more specifically to allow a
change in the terms of Exhibit “C” Development Standards, Section A(2)(b)(1) regulating a
portion of the Land located in Planned Development #13, modifying the terms of the use of
such portion of the Land as follows: to allow only the Convenience store with gasoline
sales (currently owned by 7-Eleven, Inc.) to be open to the public and operated for its
intended purposes as allowed by PD #13 on a 24-hour, seven day per week basis, and to
allow outdoor display of propane and ice; and
WHEREAS, all legal notices, requirements and conditions having been complied
with, the amendment to PD #13 came before the Planning and Zoning Commission and
Town Council; and
WHEREAS, after public notices were given in compliance with State law and public
Town Council 21 of 67 Meeting Date: October 4, 2010
hearings were conducted, and after considering the information submitted at the public
hearings and all other relevant information and materials, the Planning and Zoning
ommission of the Town has recommended to the Town Council the adoption of the
Ordinance 2010-28
(File ID 2010-493)
2
mend
rests of the Town of Trophy Club, Texas and of the public health, safety and
elfare
IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
C
a ments to the Comprehensive Zoning Ordinance as set forth in this Ordinance; and
WHEREAS, after due deliberations and consideration of the recommendation of the
Planning and Zoning Commission and the information and other materials received at the
public hearing, the Town Council has concluded that the adoption of this Ordinance is in the
est inteb
w .
NOW, THEREFORE, BE
OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein
nd made a part hereof for all purpos
a es.
SECTION 2.
AMENDING
Ordinance No. 95-20 of the Town of Trophy Club, Texas, the same being the Town's
PD #13, Exhibit “C” Development Schedule, Section A(2)(b)(1) is hereby amended in the
llowing particulars, and all other articles, chapters, sections, paragraphs, sentences, fo
phrases and words are not amended but are hereby ratified and affirmed:
cial use with gasoline island): The following standards
(b) Permitted uses: In the development
ed, erected or converted to any use
A. Purpose; development standards, uses with individual tracts:
. Tract 2 (Retail/commer2
shall apply to Tract 2:
of Tract 2, no land shall be used and
no building or structure shall be install
other than the following:
(1) Convenience store with gasoline sales (no truck diesel, no
cigarette wrapping papers, nor any adult magazine or video sales
allowed; no video arcade machines allowed);
Hours of Operation: The hours of operation of the convenience
store with gasoline sales may be open to the public and operated
r its intended purpofoses as allowed by law on a 24-hour, seven
day per week basis.
Outdoor Display: The convenience store with gasoline sales may
display propane and ice on the east (only) sidewalk, for sale inside
Town Council 22 of 67 Meeting Date: October 4, 2010
Ordinance 2010-28
(File ID 2010-493)
3
ize of the ice cabinet shall
(3) Restaurant with drive-through service
the store. The size of the propane cabinet shall not exceed: 6’-8”
wide; 2’-3” deep; 6’-0” height; and the s
not exceed: 8’-0” wide; 3’-0” deep; 5’-5” height.
) Al(2
l uses permitted in Tracts 1, 3 and 4
SECTION 3.
APPLICABLE REGULATIONS
In all respects the Land shall be subject
to the applicable regulations contained in
he Comprehensive Zoning Ordinance applicable and pertinent ordinances
and regulations of the Town.
t and all other
SECTION 4.
SAVINGS
This Ordinance shall be cumulative of all other ordinances of the Town affecting the
regulation of land and zoning and shall not repeal any of the provisions of those ordinances
except in those instances where the provisions of those Ordinances are in direct conflict
with the provisions of this Ordinance. Notwithstanding the foregoing, any complaint, action,
cause of action or claim which prior to the effective date of this Ordinance has been
itiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be in
governed by the provisions of that Ordinance and for that purpose the Ordinance shall be
deemed to remain and continue in full force and effect.
SECTION 5.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision hereof shall be fined, upon
onviction, in an amc
o
ount not more than Two Thousand Dollars ($2,000.00), and a separate
ffense shall be deemed committed ng or on which a violation occurs or
continues.
each day duri
SECTION 6.
SEVERABILITY
The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance
are severable, and if any section, paragraph, sentence, phrase, clause or word in this
Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
alidity of the remaining portions of this Ordinance, and the Town v
that it would have pass
Council hereby declares
ed such remaining portions of this Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
SECTION 7.
Town Council 23 of 67 Meeting Date: October 4, 2010
PUBLICAT
Ordinance 2010-28
(File ID 2010-493)
4
ION
The Town Secretary of the Tow lub is hereby directed to publish, the
Caption, Penalty and E s required by Section
2.011 of the Texas Loc
n of Trophy C
ffective Date Clause of this Ordinance a
al Government Code. 5
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance by copying the Caption and Effective Date Clause in the minutes of
the Town Council and by filing this Ordinanc in the ordinance records of the Town.
e
SECTION 9.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and
ublication as provided by law, and itp is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 4th day of October, 2010.
____________________________________
Connie White, Mayor
Town of Trophy Club, Texas
______________________________
isa Hennek, Town Secretary
own of Trophy Club, Texas
EAL]
_____________________________________
Patricia Adams, Town Attorney
Town of Trophy Club, Texas
_
ATTEST:
_______
L
T
[S
APPROVED AS TO FORM:
Town Council 24 of 67 Meeting Date: October 4, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-494-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:9/13/2010 Town Council
On agenda:Final action:10/4/2010
Title:Consider and take appropriate action regarding an Ordinance amending PD Planned Development
No. 13 by amending Exhibit "C" Development Standards to allow Outdoor Display of propane and ice,
for sale inside the store, and a request to permanently remain open 24-hours. Applicant: The
Dimension Group on behalf of 7-Eleven, Inc. (PD-AMD-09-032)
Attachments:
Action ByDate Action ResultVer.
Planning & Zoning Commission9/16/2010 1
Town Council 25 of 67 Meeting Date: October 4, 2010
File #: 2010-494-T, Version: 1
Title
Consider and take appropriate action regarding an Ordinance amending PD Planned Development No. 13 by amending
Exhibit "C" Development Standards to allow Outdoor Display of propane and ice, for sale inside the store, and a request
to permanently remain open 24-hours. Applicant: The Dimension Group on behalf of 7-Eleven, Inc. (PD-AMD-09-032)
Town Council 26 of 67 Meeting Date: October 4, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-536-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:9/29/2010 Town Council
On agenda:Final action:10/4/2010
Title:Consider and take appropriate action regarding an Interlocal Agreement between the Town of Trophy
Club and Denton County pursuant to the Texas Transportation Code for the purpose of receiving
"Scofflaw" services to prevent those persons with outstanding fines and warrants for violations of
traffic laws pending in the Town's Municipal Court from registering their motor vehicles until such fines
or warrants are resolved.
Attachments:67_LA_Denton_County_Scofflaw.pdf
Action ByDate Action ResultVer.
Town Council 27 of 67 Meeting Date: October 4, 2010
File #: 2010-536-T, Version: 1
Title
Consider and take appropriate action regarding an Interlocal Agreement between the Town of Trophy Club and Denton
County pursuant to the Texas Transportation Code for the purpose of receiving "Scofflaw" services to prevent those
persons with outstanding fines and warrants for violations of traffic laws pending in the Town's Municipal Court from
registering their motor vehicles until such fines or warrants are resolved.
Body
The scofflaw program will aid in the collection of outstanding municipal court fines by requiring a person with an
outstanding fine for a traffic violation to pay that fine as a prerequisite to receiving a registration for his/her vehicle. The
Council previously approved the Town's participation in the scofflaw program, so the execution of the proposed interlocal
agreement with Denton County is the next step necessary to implement the program. The Town's participation fee is
based upon population and will be $400.00.
The Town Council approved a resolution at the June 21, 2010 Council meeting authorizing the Trophy Club Municipal
Court to participate in the Texas Department of Transportation’s Scofflaw Program. This program provides that the
Texas Department of Transportation or a county tax assessor-collector may refuse to register a motor vehicle when the
owner of the vehicle has an outstanding warrant from a participating municipality.
Denton County has recently implemented software with the ability to "flag" motor vehicle records and deny vehicle
registration until the warrant with the participating municipality is satisfied. They are allowing only a limited number of
municipalities which have previously satisfied the State’s requirements to participate in their new program. The Town’s
June 21st resolution was accepted by the Texas Department of Transportation, and the County has included Trophy Club
as one of the municipalities eligible to participate as a charter member as detailed in the attached Interlocal Agreement.
Recommendation: Management recommends approval.
Town Council 28 of 67 Meeting Date: October 4, 2010
STATE OF TEXAS §
§ INTERLOCAL AGREEMENT
COUNTY OF DENTON §
This Agreement made and entered into this day of
, 2010, by and between the County of Denton, hereinafter referred to as
"County", with the agreement, consent, and participation of the Denton County
Tax Assessor-Collector, hereinafter referred to as the "County or County Tax
Assessor-Collector", and the Town of Trophy Club, Texas, a Texas home-rule
municipal corporation hereinafter referred to as "Town", under the authority and
in accordance with the Interlocal Cooperation Act, as set out in Chapter 791,
Texas Government Code, and as authorized by Texas Transportation Code,
Chapter 702.
WITNESSETH:
WHEREAS, Texas Government Code, Chapter 791, authorizes local
governments of the state to enter into contracts for governmental functions and
services to increase their efficiency and effectiveness; and
WHEREAS, the County and the Town are local governments as defined in
Texas Government Code, Section 791.003(4), have the authority to enter into
this agreement, and have each entered into this agreement by the action of its
governing body in the appropriate manner prescribed by law; and
WHEREAS, Transportation Code §702.003 allows a county tax assessor-
collector, upon receipt of information from a municipality by and through the
Texas Department of Motor Vehicles (hereinafter “Department”) motor vehicle
registration system, to assist a municipality in the enforcement of outstanding
warrants of arrest for the failure to appear or failure to pay a fine on a complaint
that involves the violation of a traffic offense by refusing to register or re-register
a motor vehicle; and
WHEREAS, Transportation Code §702.003 further allows a municipality to
contract to provide the necessary information to the Department for the above
determination by the county tax assessor-collector to deny motor vehicle
registration or re-registration to certain persons; and
WHEREAS, Transportation Code § 707.017 allows a county assessor-
collector to refuse to register a motor vehicle alleged to have been involved in a
violation of Chapter 707 of the Transportation Code where the owner of the motor
vehicle is delinquent in the payment of a civil penalty imposed under Chapter
707; and
WHEREAS, such a consolidated effort in the effectuation of Texas
Transportation Code Chapters 702 and 707, is in each party's best interest and
Town Council 29 of 67 Meeting Date: October 4, 2010
that of the public and that this agreement will increase the effective and efficient
functioning of each party; and
WHEREAS, both the Town and County represent to one another that each
respective party has the authority to enter into this agreement and perform the
obligations and duties stated herein; and
WHEREAS, the County and the Town specify that each party paying for
the performance of said functions of government shall make those payments
from current funds available to the paying party.
NOW THEREFORE, this contract is made and entered into by County and
Town in consideration of the aforementioned recitals and for the mutual
consideration stated herein (“the Agreement”):
1. PURPOSE OF AGREEMENT.
The purpose of the Agreement is to state the terms and conditions under
which the County Tax Assessor-Collector will refuse to register or re-register
certain motor vehicles when the County Tax Assessor-Collector receives
information from the Texas Department of Motor Vehicles motor vehicle
registration system that the owner of the vehicle has an outstanding warrant from
the Town for failure to appear or failure to pay a fine on a complaint that involves
a violation of a traffic law, as defined by section 702.001 of the Transportation
Code, as authorized and specifically set out under section 702.003 of the Texas
Transportation Code, and/or the registered vehicle owner owes the Town money
for a civil penalty imposed under Chapter 707 of the Texas Transportation Code
that is past due, as authorized and specifically set out under section 707.017 of
the Texas Transportation Code.
2. DUTIES OF THE TOWN.
2.1 Town shall enter into the attached Interlocal Agreement with the
Department to transmit all necessary vehicle information received from the Town
to the Department which will enable the Department to flag eligible vehicle
records in the Department motor vehicle registration system so that the County
may withhold registration pursuant to the Agreement.
2.2 The Town shall notify the Department within fifteen (15) days when
a traffic law matter is cleared regarding a person:
2.2.1 Against whom a judgment has been entered and who has
paid the municipal court the full amount of the fine or civil
penalty and all court costs; or
2.2.2 Who has perfected an appeal of the case for which the arrest
warrant was issued; or
Town Council 30 of 67 Meeting Date: October 4, 2010
2.2.3 Whose charge for which the arrest warrant was issued has
been dismissed; or
2.2.4 Whose charge for which the arrest warrant was issued has
been cleared through judicial action or clerical correction.
2.3 The Town shall provide owners cleared for registration with a
“cleared” receipt that may be presented by the owner to the County Tax
Assessor-Collector. The content, form and layout of the receipt shall be provided
by the County Tax Assessor-Collector. Written instructions shall be included on
the receipt directing the cleared owner to maintain it for 30 days. The receipt
form must be approved by the County Tax-Assessor Collector prior to use by the
Town. Town shall enable the generation of the County-approved receipt through
its online payment system as well.
2.4. Town shall designate Stephanie Gohlke, Court Administrator, to aid
County in providing kiosk access to Town’s online payment system.
2.5 The Town shall provide County with court names, addresses,
phone numbers, and other contact information necessary for County to prepare
an information sheet for distribution to flagged motor vehicle owners.
2.6 Town shall be solely responsible for placing or clearing registration
flags. The Town shall be solely liable for any damages that arise out of any
registration or refusal to register vehicles based on the absence or appearance of
registration flags.
2.7 The Town has the sole discretion to flag vehicle records. However,
the Town shall only flag vehicle records that involve a violation of a “traffic law”,
as defined by section 702.001 of the Texas Transportation Code.
2.8 The Town shall enter into the attached and included Interlocal
Agreement with the Department to (included herein as Exhibit A).
3. DUTIES OF THE COUNTY
3.1 The County Tax Assessor-Collector shall:
3.1.1 Review the Department motor vehicle registration system for
traffic violation flags for all individuals who attempt to register
any vehicle.
3.1.2 Refuse to register or re-register all motor vehicles which are
flagged in the Department of motor vehicle registration
system as having outstanding Town warrants for traffic
violations, unless the receipt described in Section 2.3 is
presented.
Town Council 31 of 67 Meeting Date: October 4, 2010
3.1.3 Distribute the instruction sheet provided by Town in Section
2.4 to flagged motor vehicle owners that will explain the
steps necessary to resolve their outstanding traffic violations,
including any Court fines and fees and to obtain vehicle
registration, and a map showing directions to the Municipal
Court, if said instructions and map are furnished by the
Town.
3.1.4 Provide flagged owners with access to a computer terminal
at the Tax Office that is linked to the Town’s online payment
system.
3.1.5 Provide owners who pay online via the Tax Office terminal
with printouts of any clearance receipts generated by the
Town’s online payment system.
3.2 The County Tax Assessor-Collector shall at any time have the sole
authority and prerogative to register or re-register a motor vehicle
4. TERM AND TERMINATION.
This Interlocal Agreement shall be effective upon its date of execution by
the last party to execute the Agreement and shall terminate on
_____________________________, 2011. The agreement shall automatically
renew for successive one-year terms. This agreement may be terminated at any
time by either party upon sixty (60) days written notice to the other parties.
5. CONSIDERATION
The cost of terminals provided by County shall be divided between the
participating cities based on population as provided in Exhibit B.
The County Tax Assessor-Collector’s duties under this Agreement are
contingent upon the prior receipt of an amount not to exceed Four Hundred and
No/100 Dollars ($400.00) from Town of Trophy Club
Town shall make payment under this Agreement to:
James Wells
Denton County Auditor
401 W. Hickory
Denton, Texas 76201-9026
6. NOTICE.
Town Council 32 of 67 Meeting Date: October 4, 2010
Official notice shall be by written notice and delivery to all of the parties to
this Agreement. Delivery shall be by fax or deposit in the United States Postal
Service, first class, return receipt requested to:
TO THE COUNTY TAX
ASSESSOR-COLLECTOR: Steve Mossman
Denton County Tax Assessor/Collector
1505 E. McKinney St.
Denton, Texas 76209-4525
TO THE TOWN: Mayor Connie White
Town of Trophy Club
100 Municipal Drive
Trophy Club, Texas 76262
7. INDEMNIFICATION.
County and Town agree that both County and Town shall each be
responsible for their own negligent acts or omissions or other tortious
conduct in the course of performance of this Agreement, without waiving
any sovereign or governmental immunity available to either County or
Town under Texas law and without waiving any available defenses under
Texas law. Nothing in this paragraph shall be construed to create or grant
any rights, contractual or otherwise, in or to any third persons or entities.
8. FISCAL FUNDING.
Notwithstanding anything to the contrary herein, this Agreement is
expressly contingent upon the availability of County funding for each item and
obligation contained herein. Town shall have no right of action against the
County as regards this Agreement, specifically including any funding by County
of this Agreement in the event that the County is unable to fulfill its obligations
under this Agreement as a result of the lack of sufficient funding for any item or
obligation from any source utilized to fund this Agreement or failure of any
funding party to budget or authorize funding for this Agreement during the current
or future fiscal years. In the event of insufficient funding, or if funds become
unavailable in whole or part, the County, at its sole discretion, may provide funds
from a separate source or terminate this Agreement. In the event that payments
or expenditures are made, they shall be made from current funds as required by
Chapter 791, Texas Government Code.
Notwithstanding anything to the contrary herein, this Agreement is
expressly contingent upon the availability of Town funding for each item and
obligation contained herein. County shall have no right of action against the
Town Council 33 of 67 Meeting Date: October 4, 2010
Town as regards this Agreement, specifically including any funding by Town of
this Agreement in the event that the Town is unable to fulfill its obligations under
this Agreement as a result of the lack of sufficient funding for any item or
obligation from any source utilized to fund this Agreement or failure of any
funding party to budget or authorize funding for this Agreement during the current
or future fiscal years. In the event of insufficient funding, or if funds become
unavailable in whole or part, the Town, as its sole discretion, may provide funds
from a separate source or terminate this Agreement. In the event that payments
or expenditures are made, they shall be made from current funds as required by
Chapter 791, Texas Government Code.
9. VENUE.
Venue to enforce this Agreement shall lie exclusively in Denton County,
Texas.
10. NONDISCRIMINATION.
Parties to this Agreement shall not discriminate on the basis of race, color,
national origin, sex, religion, age, disability, sexual orientation.
11. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between the parties
hereto and may not be modified except by an instrument in writing executed by
the parties hereto as herein provided.
12. SEVERABILITY.
If any provision of this Agreement shall be held invalid, void or
unenforceable, the remaining provisions hereof shall not be affected or impaired,
and such remaining provisions shall remain in full force and effect.
13. DEFAULT/WAIVER/MITIGATION.
It is not a waiver of default if the non-defaulting party fails to declare
immediately a default or delays in taking any action. Pursuit of any remedies set
forth in this Agreement does not preclude pursuit of other remedies in this
Agreement or provided by law.
14. FEDERAL OR STATE OF TEXAS FUNDING.
In the event that any work or part thereof is funded by State of Texas or U.
S. Government funding and any statute, rule, regulation, grant, contract provision
or other State of Texas or U. S. Government law, rule, regulation or other
Town Council 34 of 67 Meeting Date: October 4, 2010
provision imposes additional or greater requirement(s) than stated herein, Town
agrees to timely comply therewith without additional cost or expense to County.
15. HEADINGS.
The titles which are used following the number of each paragraph are only
for convenience in locating various provisions of this AGREEMENT and shall not
be deemed to affect the interpretation or construction of such provision.
16. NUMBER AND GENDER.
Words of any gender used in this Agreement shall be held and construed
to include any other gender; and words in the singular shall include the plural and
vice versa, unless the text clearly requires otherwise.
17. COUNTERPARTS.
This Agreement may be executed in multiple counterparts, each of which shall be
deemed an original, but all of which shall constitute one and the same
instrument.
18. REMEDIES.
This Agreement shall not be considered as specifying the exclusive
remedy for any agreement default, but all remedies existing at law and in equity
may be availed of by either party to this Agreement and shall be cumulative.
19. APPROVAL
This agreement is expressly subject to and contingent upon formal
approval by the Denton Commissioners Court and by resolution of the respective
Town Council.
IN WITNESS WHEREOF this Agreement has been executed on behalf of
the County of Denton and the Town of Trophy Club in the manner provided by
law.
THE TOWN OF TROPHY CLUB THE COUNTY OF DENTON
By By
Mayor, Connie White Mary Horn, County Judge
Date: Date:
Town Council 35 of 67 Meeting Date: October 4, 2010
ATTEST
Lisa Hennek, Town Secretary
APPROVED AS TO FORM: RECOMMEND BY:
By ____ By_________________________________
Patricia A. Adams, Town Attorney Steve Mossman, Tax
Assessor/Collector
APPROVED AS TO FORM:
_____________________________
Assistant District Attorney
Town Council 36 of 67 Meeting Date: October 4, 2010
Town Council 37 of 67 Meeting Date: October 4, 2010
Town Council 38 of 67 Meeting Date: October 4, 2010
Town Council 39 of 67 Meeting Date: October 4, 2010
Town Council 40 of 67 Meeting Date: October 4, 2010
Town Council 41 of 67 Meeting Date: October 4, 2010
Town Council 42 of 67 Meeting Date: October 4, 2010
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Town Council 44 of 67 Meeting Date: October 4, 2010
Town Council 45 of 67 Meeting Date: October 4, 2010
Town Council 46 of 67 Meeting Date: October 4, 2010
DENTON COUNTY, TEXAS
FY 2010 - 2011
Entity
Denton County
Population as of
January 1, 2010
Entity
Participation
Fee
Carrollton 71,362 $1,600
Coppell 598 $400
Corinth 19,750 $600
Dallas 28,109 $1,000
Denton 110,300 $2,000
Flower Mound 62,950 $1,600
Fort Worth 2,678 $400
Frisco 37,252 $1,000
Highland Village 15,250 $600
Lake Dallas 7,300 $400
Lewisville 96,158 $1,600
Little Elm 24,000 $600
North Lake 2,300 $400
Plano 5,380 $400
Roanoke 7,500 $400
Sanger 7,050 $400
Southlake 813 $400
The Colony 40,100 $1,000
Trophy Club 8,000 $400
Population Breakdown Fee
0 - 9,999 $400
10,000 - 24,999 $600
25,000 - 49,999 $1,000
50,000 - above $1,600
100,000 - above $2,000
Fee charged for computers, cabling, kiosk software, supplies and furniture for 5 Tax
Office locations in County.
Exhibit B
Scofflaw Program
Participation Cost by Population
Scofflaw Participation Cost for Entities-Contract Exhibits.xlsx 8/18/2010 6:06 PMTown Council 47 of 67 Meeting Date: October 4, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-540-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:9/29/2010 Town Council
On agenda:Final action:10/4/2010
Title:Consider and take appropriate authorizing the execution of the Atmos Cities Steering Committee
participation agreement; authorizing payment of a participation fee; and providing an effective date.
Attachments:ATMOS Participation Agreement for Trophy Club.pdf
Invoice.pdf
Res.2010-24 Participation Agreement for Trophy Club.pdf
Action ByDate Action ResultVer.
Town Council 48 of 67 Meeting Date: October 4, 2010
File #: 2010-540-T, Version: 1
Title
Consider and take appropriate authorizing the execution of the Atmos Cities Steering Committee participation agreement;
authorizing payment of a participation fee; and providing an effective date.
Body
The attached Resolution and Participation Agreement designates the ATMOS Cities Steering Committee to serve as the
Town's representative in gas rate cases. This the the local group that is most commonly used by other cities in the
metroplex. The Town has been using ATM, which is a group primarily representing cities in the south Texas region. The
Atmos Cities Steering Committee is the group previously utilized by the Town. The cost to the Town is per capita based
upon the population listed in the TML Directory of City Officials. An invoice for the amount of $161.38 is included in the
backup.
Town Council 49 of 67 Meeting Date: October 4, 2010
THE STATE OF TEXAS §
ATMOS CITIES STEERING COMMITTEE
COUNTY OF DENTON § PARTICIPATION AGREEMENT
THIS Agreement is made and entered into on this the _____ day of ______________,
20___, by, between and among the TOWN OF TROPHY CLUB, TEXAS ("TOWN") and
member cities of the ATMOS CITIES STEERING COMMITTEE ("ACSC"). This Agreement
is authorized by the Texas Interlocal Cooperation Act (V.T.C.A. Texas Government Code, Chapter
791), and other authorities.
W I T N E S S E T H:
WHEREAS, the cities in the service area of Atmos Gas have worked together collectively in a
coalition to participate in the regulatory process to assure gas rates charged were just
and reasonable; and
WHEREAS, the nature of gas utility regulation is undergoing substantial change as a result of
state and federal legislation; and
WHEREAS, there remains a need for cities to cooperate to assure the public interest is protected
and gas and other utility rates are just and reasonable; and
WHEREAS, regulatory changes now require quick response in order to have meaningful input
into the rate setting process; and
WHEREAS, it is necessary to provide adequate resources to enable cities to act quickly,
decisively, and jointly on gas utility regulatory developments; NOW THEREFORE,
In consideration of the premises, agreements, covenants and promises set forth herein, it is
agreed as follows:
1.
Atmos Cities Steering Committee
Membership and Executive Committee
The TOWN and the member cities hereby form the Atmos Cities Steering Committee
("ACSC"). Each member city shall, by action of its governing body, approve its membership in the
ACSC and designate its representative to receive notices and participate in and vote at ACSC
meetings. The ACSC shall be composed of all cities paying the current nonrefundable membership
fee. The membership fee shall be established from time to time by the Executive Committee. The
fee for the initial period (approximately one year) is 2¢ per capita, according to the TOWN's
population listed in the most recent Texas Municipal League Directory of Texas City Officials.
The members shall elect an Executive Committee consisting of no more than twenty (20) persons
which shall function as the Board of Directors. The Executive Committee shall at least include a
representative from all member cities with a population greater than 100,000, according to the most
recent Texas Municipal League Directory of Texas City Officials. The remainder of the
representatives shall be selected based upon diversity of geographic location and city population
size. Each city on the ACSC and each city on the Executive Committee shall have one vote,
Town Council 50 of 67 Meeting Date: October 4, 2010
respectively. Meetings of the Executive Committee shall be open to each city on the ACSC
whether or not it has a representative on the Executive Committee.
2.
Powers of the Executive Committee
The TOWN and the member cities delegate to the Executive Committee the power to
intervene on behalf of ACSC member cities in gas projects, rulemaking, rate case, and related
dockets and appeals thereof, represent the interests of cities in utility matters before state and
federal legislative bodies and to pay for such activities. A member city may subsequently request
and cause its party status to be withdrawn from such activities. The Executive Committee shall fix
the amount of the membership fee from time to time.
3.
Election of Officers
The Executive Committee shall elect a chair and any co-chairs as it deems necessary who
shall serve at the pleasure of the Executive Committee. The Executive Committee shall also elect a
secretary/treasurer.
4.
Powers of the Officers
Each officer elected shall serve at the pleasure of the Executive Committee up to a term of
four (4) years. The Executive Committee shall elect or re-elect officers at least every four (4)
years. Unless terminated by the Executive Committee or the respective city governing body, the
officer shall perform the duties of office until a replacement has been elected. Meetings of the
Executive Committee and ACSC shall be upon call of the chair or two (2) members of the
Executive Committee. The Executive Committee shall meet at least annually. The chair is
authorized by action of the Executive Committee to engage consultants and attorneys and to pay for
such services.
5.
Termination of Membership
A city may terminate its membership by action of its governing body, or if said city fails to
pay its membership fee in full within one-hundred eighty (180) days after notification of fee due. A
city is considered notified on the day written notice is sent to its last designated representative on
file with the secretary/treasurer.
6.
Money Held in Trust
The officers shall hold and manage all money collected in trust for the benefit of the
member cities collectively. Officers may establish prudent fund accounts that accumulate funding
for activities and to pay authorized expenses. Officers shall serve without pay, but may be
reimbursed reasonable out-of-pocket expenses as approved by the Executive Committee. TOWN
may request and receive a statement of ACSC revenues and expenses each year.
(2)
Town Council 51 of 67 Meeting Date: October 4, 2010
7.
Payment for Performance of Governmental Functions and Services Made from Current
Revenues
By entering into this Agreement, TOWN affirms that it is paying for the performance of
governmental functions or services from current revenues available. The payments made under this
agreement fairly and adequately compensates the ACSC for the services or functions performed
under the contract.
8.
Legal Construction
In case any one or more of the terms, provisions, phrases or clauses contained in this
agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall be construed as if such invalid, illegal or unenforce-
able portion had never been contained herein.
9.
Entire Agreement
This contract embodies the complete agreement of the parties hereto superseding all oral or
written previous and contemporary agreements between the parties relating to matters herein and,
except as otherwise provided herein, cannot be modified without written agreement of the parties.
10.
No Other Obligations
By entering into this Agreement, the parties do not create any obligations, express or
implied, other than those set forth herein, and this Agreement shall not create any rights in parties
not signatories hereto.
11.
Immunity
It is expressly understood and agreed that in the execution of this Agreement, neither
TOWN nor ACSC waives, nor shall be deemed to waive, any immunity or defense that would
otherwise be available to each against claims arising in the exercise of governmental powers and
functions.
12.
Authority
The undersigned officers and/or agents are properly authorized to execute this Agreement
on behalf of the parties hereto, and each hereby certifies to the other that any necessary resolutions
extending such authority have been duly passed and are now in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated
above.
(3)
Town Council 52 of 67 Meeting Date: October 4, 2010
(4)
TOWN OF TROPHY CLUB, TEXAS ATMOS CITIES STEERING COMMITTEE
BY: BY:
Signature Signature
Connie White Printed/Typed Name
Mayor Title
ATTEST:
TOWN SECRETARY
Signature
Lisa Hennek
Town Council 53 of 67 Meeting Date: October 4, 2010
Town Council 54 of 67 Meeting Date: October 4, 2010
TOWN OF TROPHY CLUB
RESOLUTION NO. 2010-24
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, AUTHORIZING
THE EXECUTION OF THE ATMOS CITIES
STEERING COMMITTEE PARTICIPATION
AGREEMENT; AUTHORIZING PAYMENT OF A
PARTICIPATION FEE; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS:
I.
The Town Manager or designee is hereby authorized to execute the
Atmos Cities Steering Committee Participation Agreement, a substantial copy of
which is attached as Attachment 1.
II.
Naming Stephen Seidel, Acting Town Manager, or his designee,
sseidel@trophyclub.org, 100 Municipal Drive, Trophy Club, Texas 76262, as the
representative to receive notices and carry out the responsibilities for the city as
set forth in Attachment 1.
III.
Authorizing the payment of the initial participation of 2¢ per capita,
according to City's population shown in the most recent TML Directory of Texas
City Officials.
IV.
Directing that a certified copy of this Resolution and the approved
participation fee be sent to:
Mary Bunkley
Treasurer, Atmos Cities Steering Committee
c/o Arlington City Attorney’s Office, Mail Stop 63-0300
Post Office Box 90231
Arlington, Texas 76004-0231
Resolution 2010-24
(File ID 2010-540) 1
Town Council 55 of 67 Meeting Date: October 4, 2010
Resolution 2010-24
(File ID 2010-540) 2
PASSED AND APPROVED on this the 4th day of October, 2010, by a vote of
______ ayes and ______ nays at a regular meeting of the Town Council of the
Town of Trophy Club, Texas. This Resolution shall become effective upon its
passage.
Connie White, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Lisa Hennek, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
Town Council 56 of 67 Meeting Date: October 4, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-543-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/1/2010 Town Council
On agenda:Final action:10/4/2010
Title:Acting Town Manager Seidel's update regarding the following; discussion of the same.
1. Roundabout
2. Fall Festival
Attachments:
Action ByDate Action ResultVer.
Town Council 57 of 67 Meeting Date: October 4, 2010
File #: 2010-543-T, Version: 1
Title
Acting Town Manager Seidel's update regarding the following; discussion of the same.
1. Roundabout
2. Fall Festival
Town Council 58 of 67 Meeting Date: October 4, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-539-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:9/29/2010 Town Council
On agenda:Final action:10/4/2010
Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional
meetings; discussion of same.
Attachments:
Action ByDate Action ResultVer.
Town Council 59 of 67 Meeting Date: October 4, 2010
File #: 2010-539-T, Version: 1
Title
Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of
same.
Town Council 60 of 67 Meeting Date: October 4, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-538-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:9/29/2010 Town Council
On agenda:Final action:10/4/2010
Title:Items for Future Agendas
Attachments:Items for Future Agendas.pdf
Action ByDate Action ResultVer.
Town Council 61 of 67 Meeting Date: October 4, 2010
File #: 2010-538-T, Version: 1
Title
Items for Future Agendas
Town Council 62 of 67 Meeting Date: October 4, 2010
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.
Town Council 63 of 67 Meeting Date: October 4, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-541-T Name:
Status:Type:Agenda Item Executive Session
File created:In control:9/29/2010 Town Council
On agenda:Final action:10/4/2010
Title:Council to convene into executive session pursuant to Texas Government Code, Annotated,
Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the appointment, employment,
evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee:
(1) Discussion regarding the hiring of the Town Manager
Attachments:
Action ByDate Action ResultVer.
Town Council 64 of 67 Meeting Date: October 4, 2010
File #: 2010-541-T, Version: 1
Title
Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section
551.074(a) "Personnel Matters, to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of a public officer or employee:
(1) Discussion regarding the hiring of the Town Manager
Town Council 65 of 67 Meeting Date: October 4, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-542-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:9/29/2010 Town Council
On agenda:Final action:10/4/2010
Title:Consider and take appropriate action regarding the Executive Session.
Attachments:
Action ByDate Action ResultVer.
Town Council 66 of 67 Meeting Date: October 4, 2010
File #: 2010-542-T, Version: 1
Title
Consider and take appropriate action regarding the Executive Session.
Town Council 67 of 67 Meeting Date: October 4, 2010