Agenda Packet TC 08/15/2011Town Council
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom6:00 PMMonday, August 15, 2011
CALL TO ORDER AND ANNOUNCE A QUORUM
WORKSHOP SESSION - 6:00 P.M.
1.2011-384-T Budget Overview; discussion of same.
2.2011-385-T Discussion of agenda items posted for consideration on the Regular Session Council
Agenda for August 15, 2011.
3.2011-386-T Discussion of proposed agenda items for the September 12, 2011 Regular Session
Agenda.
September 12 Proposed Agenda Items.pdfAttachments:
CONVENE INTO REGULAR SESSION - ESTIMATED START TIME - 7:00 P.M.
Invocation
Pledges
Citizen Presentations:
This is an opportunity for citizens to address the Council on any matter whether or not it
is posted on the agenda. The Council is not permitted to take action on or discuss any
presentations made to the Council at this time concerning an item not listed on the
agenda. The Council will hear presentations on specific agenda items prior to the
Council addressing those items. You may speak up to three (3) minutes or the time limit
determined by the Mayor or presiding officer. To speak during this item you must
complete the Speaker's form that includes the topic(s) of your statement. Topics of
presentation should be limited to matters over which the Council has authority.
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council
and will be enacted by one motion. There will not be a separate discussion of these
items. If discussion is desired, that item will be removed from the consent agenda and
will be considered separately.
4.2011-387-T Consider and take appropriate action regarding the Minutes dated August 1, 2011.
August 1 2011 Minutes.pdfAttachments:
Town Council 1 of 113 Meeting Date: August 15, 2011
August 15, 2011Town Council Meeting Agenda
5.2011-388-T Consider and take appropriate action regarding the Minutes dated August 5, 2011
(Budget Workshop).
022 August 5 2011 Minutes.pdfAttachments:
6.2011-390-T Consider and take appropriate action regarding an Ordinance amending the FY10-11
Budget (Budget Amendment No. 4) appropriating $188,854.00 for the purchase of Tyler
Technology software; and providing an effective date.
ORD_2011-29 Budget Amendment No 4.pdfAttachments:
7.2011-405-T Consider and take appropriate action regarding a Resolution of the Town Council of the
Town of Trophy Club, Texas approving an Interlocal Agreement for Collection of the
Emergency Services Assessment on the Trophy Club Public Improvement District No.
1 entitled “Interlocal Cooperation Agreement - Tax Collections”; and providing an
effective date.
RES 2011-18 ILA Tax Collection - PID EMS.pdf
2011_TROPHYCLUBPID1- Emergency Services - ILA.pdf
Attachments:
8.2011-389-T Consider and take appropriate action regarding an Interlocal Cooperation Agreement
for Tax Collection between Denton County and the Town of Trophy Club, and
designating Eric Cannon, Director of Finance as the Liaison, and authorizing the Mayor
or her designee to execute all necessary documents.
ILA - Denton County Tax Collection for Town.pdfAttachments:
9.2011-404-T Consider and take appropriate action regarding an Interlocal Cooperation Agreement
for PID Assessments between Denton County and the Town of Trophy Club, and
designating Eric Cannon, Director of Finance as the Liaison, and authorizing the Mayor
or her designee to execute all necessary documents.
2011_TROPHYCLUBPUBLIC_ILA.pdfAttachments:
10.2011-395-T Consider and take appropriate action regarding an Interlocal Agreement for
Participation in Fort Worth's Environmental Collection Center Household Hazardous
Waste Program, designating the Town Manager, or his designee as the Household
Hazardous Waste Collection Coordinator and designating the Assistant Town Manager
as the alternate.
FY12 ECC Agreement-City Final.pdfAttachments:
REGULAR SESSION
11.2011-397-T Consider and take appropriate action regarding the award/rejection of bids for Harmony
Park Improvements, apparent lowest responsible bidder Dream Construction, LP, in an
amount not to exceed $44,002.97, and authorizing the Mayor or her designee to
execute all necessary documents.
Recommendation Letter.pdf
Harmony image final.pdf
Attachments:
Town Council 2 of 113 Meeting Date: August 15, 2011
August 15, 2011Town Council Meeting Agenda
12.2011-396-T Consider and take appropriate action regarding a Resolution amending Resolution No.
2008-22 amending the Municipality of Trophy Club Handbook for Elected and
Appointed Officials; and providing an effective date.
RES 2011-19 Elected and Appt Handbook.pdfAttachments:
13.2011-394-T Consider and take appropriate action regarding a Resolution to approve the placement
of a proposal on the September 26, 2011 Town Council Public Meeting Agenda to
adopt a 2011-12 Tax Rate that will exceed the lower of the rollback rate or the effective
tax rate; calling Public Hearings on September 12, 2011 and September 19, 201;
requiring the publication of notice of public hearing; and providing an effective date.
RES 2011-20 Approve placement proposal to adopt 2011-12 tax rate.pdfAttachments:
14.2011-403-T Consider and take appropriate action to retain Gateway Planning Group to provide
professional planning services in an amount not to exceed $15,500 and authorizing the
Town Manager or his designee to execute necessary documents.
15.2011-399-T Town Council Liaison Updates; discussion of same:
- August 9, 2011 Parks & Recreation Meeting - Mayor Pro Tem Hoover
16.2011-400-T Town Manager Slye's update regarding the following; discussion of the same.
- Update on School Crossing Guards
- Update on Health Insurance Provider
17.2011-401-T Mayor and Council Updates regarding training opportunities, educational sessions, and
regional meetings; discussion of same.
- August 5, 2011 Mayor's Roundtable
- August 9, 2011 Northeast Leadership Forum
- August 10, 2011 Northwest Communities Partnership Meeting
18.2011-402-T Items for Future Agendas.
Future Agenda Items List.pdfAttachments:
This item allows Council to request the placement of items on upcoming agendas when
the topic of discussion requires research and review that cannot be accomplished in the
time frame between regular Council meetings. However, a Council Member may
request that an item be placed on the next regularly scheduled meeting without first
placing that item on the Future Agenda Items list. All requests for agenda items must
comply with Charter requirements.
ADJOURN
* The Town Council may convene into executive session to discuss posted items as
allowed by the Texas Open Meeting Act, LGC.551.071
Town Council 3 of 113 Meeting Date: August 15, 2011
August 15, 2011Town 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 Thursday, August 11, 2011 by
6:00 P.M. in accordance with Chapter 551, Texas Government Code.
________________________________
Shannon DePrater, 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
______________________, 2011.
________________________________, Title: ___________________________
Town Council 4 of 113 Meeting Date: August 15, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-384-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:8/9/2011 Town Council
On agenda:Final action:8/15/2011
Title:Budget Overview; discussion of same.
Attachments:
Action ByDate Action ResultVer.
TITLE
Budget Overview; discussion of same.
Town Council 5 of 113 Meeting Date: August 15, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-385-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:8/9/2011 Town Council
On agenda:Final action:8/15/2011
Title:Discussion of agenda items posted for consideration on the Regular Session Council Agenda for
August 15, 2011.
Attachments:
Action ByDate Action ResultVer.
TITLE
Discussion of agenda items posted for consideration on the Regular Session Council Agenda for August 15, 2011.
Town Council 6 of 113 Meeting Date: August 15, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-386-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:8/9/2011 Town Council
On agenda:Final action:8/15/2011
Title:Discussion of proposed agenda items for the September 12, 2011 Regular Session Agenda.
Attachments:September 12 Proposed Agenda Items.pdf
Action ByDate Action ResultVer.
TITLE
Discussion of proposed agenda items for the September 12, 2011 Regular Session Agenda.
Town Council 7 of 113 Meeting Date: August 15, 2011
Meeting Date
9/12/2011 Item File ID Staff ARF?
Joint PH with
P&Z at 4:00 p.m.
Beck PD Rezoning Application Carolyn
P&Z Action Item Consider and take appropriate action regarding recommendation to
Council regarding Beck PD Rezoing Application
Carolyn
Workshop Budget Discussion MTS/Eric
Discussion of agenda items posted for consideration on the Regular
Session Council Agenda for September 12, 2011.
Shannon
Discussion of proposed agenda items for the September 19, 2011
Regular Session Agenda.
Shannon
Consent Consider and take appropriate action regarding the Minutes dated
August 15, 2011
Shannon
Public Hearing 1st Public Hearing on Tax Increase Eric
Public Hearing on PID Service Assessment Eric
Regular Session Announce Meeting to Adopt Tax Rate Eric
Consider and take appropriate action concerning the Park Bond
projects and fund allocation. To be included is a comprehensive
cost/status review of all projects included in the original park bond
presentations.
Adam
Plat, Neighborhood 3, Phase 2B.Carolyn
Plat, Neighborhood 3, Phase 2C. Carolyn
GASB 54 Fund Balance Policy Eric
SRO Contract Renewal with NISD Chief Kniffen
Town Council Liaison Updates; discussion of same:
Schedule by meetings
-
Shannon
Town Manager Slye's update regarding the following; discussion of
the same.
-
MTS
Mayor and Council Updates regarding training opportunities,
educational sessions, and regional meetings; discussion of same.
-
Shannon
Items for Future Agendas.Shannon
Executive
Session
Town Council 8 of 113 Meeting Date: August 15, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-387-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:8/9/2011 Town Council
On agenda:Final action:8/15/2011
Title:Consider and take appropriate action regarding the Minutes dated August 1, 2011.
Attachments:August 1 2011 Minutes.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding the Minutes dated August 1, 2011.
Town Council 9 of 113 Meeting Date: August 15, 2011
MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, August 1, 2011 at 5:30 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, August 1,
2011. The meeting was held within the boundaries of the Town and was open to the public.
STATE OF TEXAS §
COUNTY OF DENTON §
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Larry Hoover Mayor Pro Tem
Bill Rose Council Member
Jeannette Tiffany Council Member
Glenn Strother Council Member
TOWN COUNCIL MEMBERS ABSENT:
Margi Cantrell Council Member
STAFF AND GUEST(S) PRESENT:
Mike Slye Town Manager
Stephen Seidel Assistant Town Manager
Shannon DePrater Town Secretary
Patricia Adams Town Attorney
Scott Kniffen Police Chief
Danny Thomas Fire Chief
Eric Cannon Finance Director
Carolyn Huggins Community Development Director
April Reiling PIO / Marketing Manager
Michael Aguilera Financial Analyst
Garin Giacomarro Intern
Mayor White announced the date of August 1, 2011, called the meeting to order and announced a
quorum at 6:02 p.m. Mayor White stated Council member Cantrell would be absent.
WORKSHOP SESSION - 6:00 P.M.
1. Presentation by Freese and Nichols of Phase 1 Drainage Study preliminary findings.
Discussion of priorities and recommendations from the study, including cost opinions, and
broad concepts on methods to pay for recommended improvements.
Kelly Dillard from Freese and Nichols presented Council with an overview of the three phases of the
Storm Water Master Plan and the Preliminary Findings for the five study locations in Phase 1:
- Trophy Club Drive at Marshall Branch
- Skyline Creek (Indian Creek) Channel Analysis
- The Knoll/Overhill Drive Drainage Analysis
- Fresh Meadows/Iverness Pond and Drainage System
- Cypress Court Channel
Ms. Dillard discussed each location and addressed questions from Council.
Presentation included in the minutes.
Town Council 10 of 113 Meeting Date: August 15, 2011
2. Discussion of agenda items posted for consideration on the Regular Session Council Agenda
for August 1, 2011.
3. Discussion of proposed agenda items for the August 15, 2011 Regular Session Agenda.
Mayor White called a five minute break.
CONVENE INTO REGULAR SESSION - ESTIMATED START TIME – 7:03 P.M.
The Invocation was offered by Police Chief Scott Kniffen.
The Pledges were led by Finance Director Eric Cannon.
Citizen Presentations:
This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the
agenda. The Council is not permitted to take action on or discuss any presentations made to the Council
at this time concerning an item not listed on the agenda. The Council will hear presentations on specific
agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the
time limit determined by the Mayor or presiding officer. To speak during this item you must complete the
Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to
matters over which the Council has authority.
No citizen presentations were made.
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.
Council member Rose requested agenda items 4 and 6 be removed from the consent agenda.
Motion made by Council member Strother, seconded by Mayor Pro Tem Hoover, to approve consent
agenda items 5 and 7 as presented. Motion carried unanimously.
5. Consider and take appropriate action regarding the Minutes dated July 19, 2011 (Special Joint
Workshop Session with Planning & Zoning).
7. Consider and take appropriate action regarding a Resolution approving an Interlocal
Agreement between the Texas Department of Public Safety and the Town of Trophy Club for
the purchase of alcohol blood test kits and other items; and authorizing the Town Manager or
his designee to execute all necessary documents.
4. Consider and take appropriate action regarding the Minutes dated July 18, 2011.
Motion made by Council member Rose, seconded by Council member Strother, to approve the July 18,
2011 meeting minutes as amended.
Amendment includes:
Larry Lentzner - 303 Ridge View Lane, addressed Council in reference to the Joint Council and TCMUD 1
meeting Splash Pad agenda item and to work together to come up with a viable solution.
Motion carried unanimously.
Town Council 11 of 113 Meeting Date: August 15, 2011
6. Consider and take appropriate action regarding a Resolution appointing one member to the
Board of Managers of the DENCO Area 9-1-1 District, and providing an effective date.
Motion made by Council member Rose, seconded by Council member Strother, to approve Resolution
2011-16 appointing one member to the Board of Managers of the DENCO Area 9-1-1 District, and
providing an effective date as amended.
Amendment includes:
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,
TEXAS, APPOINTING ONE MEMBER TO THE BOARD OF MANAGERS OF THE
DENCO AREA 9-1-1 DISTRICT; PROVIDING FOR SUBMITTAL OF SAME TO THE
CHIEF APPRAISER; AND PROVIDING AN EFFECTIVE DATE.
Motion carried unanimously.
REGULAR SESSION
8. Consider and take appropriate action regarding the First Modification of Agreement for
Professional Services between the Town and Freese and Nichols (FNI) to include a cost of
service evaluation and rate study in the scope of work currently being performed by FNI on
the Trophy Club Storm Water Master Plan project; and authorizing the Town Manager or his
designee to execute all necessary documents.
Town Manager Slye reiterated the significant challenge to mediate the storm drainage issues stated in the
previous presentation by Kelly Dillard. A rate study is needed to implement a fee schedule that is fair,
equitable, and nondiscriminatory.
Trey Shanks of Freese and Nichols, explained what a rate study would entail including what rates are
needed, the correct rate for each account, and evaluating the existing fee schedule. Mr. Shanks
addressed questions from Council.
Motion made by Council member Strother, seconded by Mayor Pro Tem Hoover, to approve the First
Modification of Agreement for Professional Services between the Town and Freese and Nichols (FNI) at a
cost not to exceed $47,400. Motion carried unanimously.
9. Consider and take appropriate action regarding the purchasing of Tyler Technology Municipal
Management Software from General Fund Reserves, in an amount not to exceed $188,854.00;
and authorizing the Town Manager or his designee to execute all necessary documents.
Town Manager Slye stated that the number listed in the agenda is the highest amount we would have to
pay if the MUD Board does not purchase the Incode software. Staff is prepared to recommend Incode
software and hopes the MUD is prepared to do the same. Mr. Eric Cate, Tyler Technology, is here
tonight to address questions.
Mr. Nick Sanders, 7 Hayes Court, addressed the Council. Mr. Sanders expressed that dollar figures have
changed since the last MUD meeting. Almost $48,000 of the cost is implementation and conversion costs
– professional services. The MUD Board commissioned him and Director Carr to make a
recommendation to the Board. Both have concerns about the total dollar amount, with trying to reduce
taxes and manage expenses. Sanders stated both he and Director Carr see the advantages utilizing one
software program, but does not see the MUD Board paying $91,000.
Mayor White read a letter from Council member Cantrell into the record:
Town Council 12 of 113 Meeting Date: August 15, 2011
Honorable Mayor, Fellow Council members, Staff and Citizens –
Regrettably, I am not in attendance for tonight’s Town of Trophy Club Council meeting.
However, respectfully I submit the following:
Regarding Agenda item #9, 374-T - Consider and take appropriate action regarding the purchasing of
Tyler Technology Municipal Management Software from General Fund Reserves, in an amount not to
exceed $188,854.00; and authorizing the Town Manager or his designee to execute all necessary
documents.
I am in support of our Town purchasing new software, as it has become apparent that we are in need of
this and as we move forward, it is in the best interest of our citizens and staff to do so now. However, I
strongly urge staff to reconsider the magnitude of the software modules listed for consideration and urge
everyone involved in this decision process to be prudent by down scaling the “menu” to encompass
necessities only at this time to help reduce immediate costs.
It is my understanding that one of the strong values of the Tyler Technologies and their Incode Integrated
Financial Management Solution systems is that we can add as we grow. I certainly support our
exercising this option as we know revenues are increasing, as will needs, thereby providing more future
flexibility with less upfront costs.
Also, encourage full review as to whether the service portions of this agreement are competitive. There
are instances in other business venues that suggest service agreement costs should not be included in
the first or even the second year of a new contract agreement of this magnitude. Service charges and
estimated travel expenses added to this current package appear to increase the cost of this investment
during the 2011-2012 budget year to more than $239,000, if I am interpreting the informational packet
correctly.
And finally, it is my hope that the Municipal Utilities District will partner with the Town and support the
purchase of the Incode Integrated Financial Management Solution software. I believe long term the
benefit for complete, seamless interface between the two entities will over ride any potential short term
savings of two systems by providing all users more flexibility and thereby serving our citizens better.
Thank you for your time and consideration. And, I do want to express my sincere appreciation to
everyone who has taken the time to get us to this point. These are never easy decisions, although they
are very important for the future of our Town. And finally, I look forward to returning to Trophy Club on
Friday, August 5 for the upcoming budget workshop.
Sincerely,
Margi Cantrell
Council Member, Place 3
Motion made by Mayor Pro Tem Hoover, seconded by Council member Rose, to approve the purchasing
of Tyler Technology Municipal Management Software from General Fund Reserves, in an amount not to
exceed $188,854.00; and authorizing the Town Manager or his designee to execute all necessary
documents. Motion carried unanimously.
10. Consider and take appropriate action regarding an Ordinance approving a negotiated
resolution between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex
Division, as a result of the fourth annual rate review mechanism filing; finding existing rates
for natural gas unreasonable; adopting new just and reasonable tariffs; and providing an
effective date.
Town Council 13 of 113 Meeting Date: August 15, 2011
Motion made by Council member Rose, seconded by Mayor Pro Tem Hoover, to approve Ordinance
2011-28. Motion carried unanimously.
11. Consider and take appropriate action regarding a Cooperative Purchasing Agreement between
the Town and Potter County relating to the purchase of patrol vehicles; and authorizing the
Town Manager or his designee to execute all documents necessary for the Town's
participation in a cooperative purchasing program with Potter County.
Chief Kniffen clarified that approval of this agreement does not authorize the purchase of new Tahoes;
this is merely authorizing an agreement to enter into a cooperative purchasing agreement with Potter
County.
Motion made by Council member Strother, seconded by Mayor Pro Tem Hoover, to approve a
Cooperative Purchasing Agreement between the Town and Potter County relating to the purchase of
patrol vehicles; and authorizing the Town Manager or his designee to execute all documents necessary
for the Town's participation in a cooperative purchasing program with Potter County. Motion carried
unanimously.
12. Consider and take appropriate action regarding an extension of the deadline for submission of
applications to serve on Town boards and commissions.
Town Manager Slye recommended extending the deadline through the end of August.
Motion made by Council member Tiffany, seconded by Council member Strother, to extend the deadline
for applications to serve on the Town’s Boards and Commissions until August 31, 2011. Motion carried
unanimously.
13. Consider and provide direction to Staff regarding the Elevated Storage Tank Logo(s).
Town Manager Slye asked Council to consider dual logos on the Elevated Storage Tank not to exceed
$4,000. Staff is proposing “The Town of Trophy Club” facing State Highway 377 and the Bobcat logo
facing Town.
Presentation included in the minutes.
14. Town Council Liaison Updates; discussion of same:
- July 20, 2011 TCMUD 1 Meeting - Council Member Tiffany
Council member Tiffany updated the Council on the July 20, 2011 TCMUD 1 meeting and addressed
questions. No action taken, update only.
15. Town Manager Slye's update regarding the following; discussion of the same.
- Budget Workshop Update
- Amenity Lakes Update
- North Trail Connectivity Update
Town Manager Slye updated the Council and addressed questions. No action taken, update only.
Town Council 14 of 113 Meeting Date: August 15, 2011
16. Mayor and Council Updates regarding training opportunities, educational sessions, and
regional meetings; discussion of same.
- July 21, 2011 Metroport Cities Partnership Meeting
Mayor White and Council members gave a brief update of the meetings they attended since the last
Council meeting. No action taken, update only.
17. Items for Future Agendas.
This item allows Council to request the placement of items on upcoming agendas when the topic of
discussion requires research and review that cannot be accomplished in the time frame between regular
Council meetings. However, a Council Member may request that an item be placed on the next regularly
scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda
items must comply with Charter requirements.
1. Consider and take appropriate action regarding procurement policies and their alignment with State
statutes. (Rose, 2/1/10)
2. Consider and take appropriate action regarding placing policies and procedures on the Town web
site. (Rose, 2/1/10)
3. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and
Production (Rose, 4/26/10)
4. Staff update regarding Marshall Branch Creek area located North of HWY114; discussion and
action of the same. (Stotts, 6/21/10)
5. Staff proposal regarding the amenity lakes, including associated costs to accept the amenity lakes
from the developer. (Stotts, 10/4/10)
6. Explore the feasibility of combining the EDCs and improved ways of expending EDC funds.
(Strother, 2/24/2011)
7. Consider and take appropriate action regarding the creation of a “Going Green” initiative throughout
the Town. (White, 2/24/2011)
8. Consider and take appropriate action regarding Goals for the Town Manager. (Stotts, 4/18/2011)
9. Consider and take appropriate action regarding updates to the Sign Ordinance (retail windows and
political signs) (White and Cantrell, 5/2/2011)
10. Consider and take appropriate action regarding ball park signage. (Cantrell, 6/6/2011)
11. Consider and take appropriate action regarding a Golf Cart Community. (Tiffany, 6/6/2011)
12. Consider and take appropriate action regarding allowing one board appointment at a time, no
elected officials and possible term expirations (Cantrell, 7/18/2011)
13. Consider and take appropriate action regarding updating/revising Board, Commission and
Committee Handbook (Rose, 7/18/2011)
Council member Bill Rose requested an item to consider and take appropriate action concerning the Park
Bond projects and fund allocation to include a comprehensive cost/status review of all projects included in
the original park bond presentations. Rose asked that this item be placed on the September 12, 2011
Council agenda.
Council member Strother requested an item regarding splash pad options at Harmony Park, including
input/direction from Council to Staff to start construction and have available next summer; to be placed on
the agenda after the budget has been approved.
ADJOURN
Motion made by Mayor Pro Tem Hoover, seconded by Council member Tiffany to adjourn. Motion carried
unanimously.
Meeting adjourned at 9:02 p.m.
___________________________________ ________________________________
Shannon DePrater, Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council 15 of 113 Meeting Date: August 15, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-388-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:8/9/2011 Town Council
On agenda:Final action:8/15/2011
Title:Consider and take appropriate action regarding the Minutes dated August 5, 2011 (Budget
Workshop).
Attachments:022 August 5 2011 Minutes.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding the Minutes dated August 5, 2011 (Budget Workshop).
Town Council 16 of 113 Meeting Date: August 15, 2011
MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Friday, August 5, 2011 at 1:30 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Friday, August 5 2011.
The meeting was held within the boundaries of the Town and was open to the public.
STATE OF TEXAS §
COUNTY OF DENTON §
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Larry Hoover Mayor Pro Tem
Bill Rose Council Member
Jeannette Tiffany Council Member
Margi Cantrell Council Member
Glenn Strother Council Member
STAFF AND GUEST(S) PRESENT:
Mike Slye Town Manager
Stephen Seidel Assistant Town Manager
Shannon DePrater Town Secretary
Patricia Adams Town Attorney
Scott Kniffen Police Chief
Danny Thomas Fire Chief
Eric Cannon Finance Director
Michael Aguilera Financial Analyst
Adam Adams Parks & Recreation Director
Carolyn Huggins Community Development Director
Mike Pastor Information Systems Director
April Reiling PIO / Marketing Manager
Ed Helton Street Services Director
Garin Giacomarro Intern
Mayor White announced the date of August 5, 2011, called the meeting to order and announced a
quorum at 1:35 p.m.
Motion made by Council member Cantrell, seconded by Council member Tiffany, to remove the executive
session from today’s agenda. Motion carried unanimously.
Mayor White clarified there will be no executive session.
FY12 BUDGET WORK SESSION
1. Town Manager Budget Overview; discussion of same.
- Budget calendar review
- Town Funds summary
- Contracts update
- Property Values & Ad Valorem Analysis
- FY12 Budget Revenues & Expenses
Town Manager Slye welcomed Council, Staff and residents to the budget workshop and gave a brief
overview of the budget as it currently stands.
Town Council 17 of 113 Meeting Date: August 15, 2011
Presentation included in the minutes.
2. 2:00 p.m. - FY12 Departmental Budget Overview; discussion of same.
- 2:00 - MUD Budget Overview - Robert Scott
- 2:15 - Information Systems - Mike Pastor
- 2:30 - Community Development/P&Z - Carolyn Huggins
- 2:45 - Streets/Drainage - Ed Helton
3:15 – BREAK
Mayor White called a short break; Council resumed at 3:20 p.m.
- 3:00 - Human Resources - Tammy Ard
- 3:30 - Finance/Court - Eric Cannon
- 3:45 - EMS - Danny Thomas
- 4:00 - Police - Scott Kniffen
- 4:15 - Parks & Recreation - Adam Adams
- 4:30 - Administration - Mike Slye
Each department presented a department overview including performance measures, accomplishments,
and fiscal year 2012 goals and addressed questions from Council.
Council member Strother left the meeting at 5:40 p.m.
Mayor White called a short break; Council resumed at 6:24 p.m.
BREAK - 4:45 P.M.
3. 5:00 p.m. - Decision Points & Council Discussion
Town Manager Slye addressed Council and provided a list of discussion points:
Proposed Tax Rate - $.540
Salary True Up - $89,100
Denton County Road Improvement $$’s
Short-term Investment Strategy
Voluntary Park Fund (Fireworks)
School Crossing Guards
Capital Reinvestment Fee (1%) - $6,500
Pass on credit card service charges
Staff addressed questions from Council.
Mayor White called a short break; Council resumed at 8:16 p.m.
The Town Council did not hold an executive session.
EXECUTIVE SESSION
4. Council to convene into executive session pursuant to Texas Government Code, Annotated,
Subchapter 551.074(A) "Personnel matters", to discuss the appointment, employment,
evaluation, reassignment, duties, discipline or dismissal of a public officer or employee:
Fire Chief Thomas, Danny
Fire Lieutenant Sipes, Gary
Fire Fighter/EMT-P Tackett, Matthew
Town Council 18 of 113 Meeting Date: August 15, 2011
Fire Fighter/EMT-P Johnson, Sam
Engineer - Fire Fighter/EMT-P Hards, Dusten
Engineer - Fire Fighter/EMT-P Garrett, Shawn
Engineer - Fire Fighter/EMT-P Boos, Gregory
Fire Fighter/EMT-P Rusk, Darryl "Steve"
Fire Fighter/EMT-P Cloud, Casey
Fire Fighter/EMT-P VACANT
Assistant Town Manager Siedel, Stephen
Public Relations Manager Reiling, April
Information Services Director Pastor, Mike
Police Chief Kniffen, Scott
Commander Delk, Lee
Police Sergeant Tyler, Wes
Administrative Assistant Grunt, Janet
Patrol Officer Sears, Roseann
Patrol Officer Watkins, Adam
Patrol Officer Rocha, Jeffrey
Patrol Officer Beetler, Edward
Patrol Officer Norcross, James
Patrol Officer Mastropiero, Bob
Patrol Officer Voigt, Scott
Patrol Officer Sullivan, Barry
Parks & Recreation Director Adams, Adam
Parks & Recreation Director Adams, Adam
Parks Supervisor Jaramillo, Antonio
Crew Leader Gil, Jesus
Community Development Director Huggins, Carolyn
RECONVENE INTO REGULAR SESSION
5. Consider and take appropriate action regarding the Executive Session.
ADJOURN
Motion made by Council member Cantrell, seconded by Council member Tiffany to adjourn. Motion
carried unanimously.
Meeting adjourned at 10:28 p.m.
___________________________________ ________________________________
Shannon DePrater, Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council 19 of 113 Meeting Date: August 15, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-390-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:8/9/2011 Town Council
On agenda:Final action:8/15/2011
Title:Consider and take appropriate action regarding an Ordinance amending the FY10-11 Budget (Budget
Amendment No. 4) appropriating $188,854.00 for the purchase of Tyler Technology software; and
providing an effective date.
Attachments:ORD_2011-29 Budget Amendment No 4.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding an Ordinance amending the FY10-11 Budget (Budget Amendment No. 4)
appropriating $188,854.00 for the purchase of Tyler Technology software; and providing an effective date.
TOWN COUNCIL GOAL(S):
Goal #5: Financial and Operational Stewardship
Hire, develop, and retain quality staff
Implement strong financial management standards
Improve effectiveness and efficiency of operational processes
Maintain / Improve infrastructure and assets
Provide cost-effective services
Deliver responsible customer service
Town Council 20 of 113 Meeting Date: August 15, 2011
TOWN OF TROPHY CLUB
ORDINANCE NO. 2011-29
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING THE FY 2010-2011 BUDGET OF THE TOWN OF TROPHY
CLUB, TEXAS; PROVIDING FOR THE INCORPORATION OF
PREMISES; PROVIDING FOR AN AMENDMENT TO APPROPRIATE
FUNDS NEEDED TO PAY FOR THE PURCHASE OF INCODE
MUNICIPAL SOFTWARE FROM TYLER TECHNOLOGY (BUDGET
AMENDMENT NO. 4 MAKING A SUPPLEMENTAL APPROPRIATION
IN ACCORDANCE WITH THE TOWN CHARTER); PROVIDING A
SAVINGS AND REPEALER CLAUSE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas Fiscal Year 2010-2011 Budget was
adopted within the time and in the manner required by State Law (hereinafter “Budget”);
and
WHEREAS, since the adoption of the Budget, the Town experienced significant
malfunctions with the software system presently being used by Town Staff; and
WHEREAS, Town Council identified a need to purchase Tyler Technology –
Incode municipal software in order to resolve software issues and to increase staff
efficiency and system reliability; and
WHEREAS, the Town Council has determined that the purchase of the software
in Fiscal Year 2010-2011 is necessary in order to have the new software operational by
January 31st 2012; and
WHEREAS, the Town Council has determined that there are sufficient funds
existing in the Town’s General Fund-Fund Balance that it may appropriate the cost of
the software from the General Fund-Fund Balance during the FY 2010-2011; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas hereby finds
and determines that it is prudent to amend specific line items due to the unforeseen
costs of changing software systems and which impacted the line items specified below;
and
WHEREAS, the Town Council of the Town of Trophy Club, Texas further finds
that the amendment, as set forth in Exhibit “A”, will serve the public interest and is
necessary to support Town operations; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas finds and
determines that the change in the Budget for the stated municipal purpose serves best
interests of the taxpayers, is necessary and warrants action at this time;
Town Council 21 of 113 Meeting Date: August 15, 2011
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
The Town of Trophy Club, Texas, Fiscal Year 2010-2011 Budget is hereby
amended to fund the line items as stated in Exhibit “A”, a copy of which is attached
hereto and incorporated herein. This Amendment No. 4 (Exhibit “A”) to the Original
Budget of the Town of Trophy Club, Texas, for the Fiscal Year 2010-2011 shall be
attached to and made part of the Original Budget by the Town Secretary and shall be
filed in accordance with State Law. This Ordinance is hereby adopted and shall
constitute the fourth budget amendment that has occurred since the October 1, 2010
effective date of the Town’s Fiscal Year 2010-2011 Budget.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting the Fiscal Year 2010-2011 Budget of the Town and shall not repeal any of the
provisions of such Ordinances except in those instances where provisions of those
Ordinances are in direct conflict with the provisions of this Ordinance; whether such
Ordinances are codified or uncodified, and all other provisions of the Ordinances of the
Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this
Ordinance, shall remain in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of the Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
Town Council 22 of 113 Meeting Date: August 15, 2011
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in the Ordinance records of the Town and to properly record
this Ordinance in accordance with the Town Charter.
SECTION 6.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 15th day of August, 2011.
Connie White, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Shannon DePrater, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams , Town Attorney
Town of Trophy Club, Texas
Town Council 23 of 113 Meeting Date: August 15, 2011
Exhibit “A”
Town of Trophy Club
Budget Amendment No. 4
The Fiscal Year 2010-2011 General Fund Expenditure Budget Increase specified below
is a result of costs associated with the purchase of Tyler Technology – Incode Municipal
Software and will be funded from an appropriation from the Town’s General Fund-Fund
Balance.
Original Budget Amendment Amended Budget
Software and Support $ -0- $ 188,854.00 $ 188,854.00
Town Council 24 of 113 Meeting Date: August 15, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-405-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:8/11/2011 Town Council
On agenda:Final action:8/15/2011
Title:Consider and take appropriate action regarding a Resolution of the Town Council of the Town of
Trophy Club, Texas approving an Interlocal Agreement for Collection of the Emergency Services
Assessment on the Trophy Club Public Improvement District No. 1 entitled “Interlocal Cooperation
Agreement - Tax Collections”; and providing an effective date.
Attachments:RES 2011-18 ILA Tax Collection - PID EMS.pdf
2011_TROPHYCLUBPID1- Emergency Services - ILA.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding a Resolution of the Town Council of the Town of Trophy Club, Texas
approving an Interlocal Agreement for Collection of the Emergency Services Assessment on the Trophy Club Public
Improvement District No. 1 entitled “Interlocal Cooperation Agreement - Tax Collections”; and providing an effective date.
Town Council 25 of 113 Meeting Date: August 15, 2011
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2011-18
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS APPROVING AN INTERLOCAL AGREEMENT
FOR COLLECTION OF THE EMERGENCY SERVICES ASSESSMENT
ON THE TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1
ENTITLED “INTERLOCAL COOPERATION AGREEMENT – TAX
COLLECTIONS”; PROVIDING FOR THE INCORPORATION OF
PREMISES; AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT ON BEHALF OF THE TOWN; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas
Government Code, authorizes governmental entities to contract with each other to
perform government functions and services, such as those that serve the public health
and welfare; and
WHEREAS, Denton County is a political subdivision of the State of Texas
(hereinafter “County”), and is therefore an entity with which the Town may contract; and
WHEREAS, County collects ad valorem taxes for the Town of Trophy Club, a
home rule municipality (hereinafter “Town”), and collects assessments for Trophy Club
Public Improvement District No. 1, a special district established under Texas law
(hereinafter “PID”); and
WHEREAS, the PID is located wholly within the boundaries of Town, has legal
authority to levy assessments on the properties located within its boundaries; and
WHEREAS, PID assessments are not ad valorem taxes but are purely
administrative assessments on property based upon a Service and Assessment Plan
applicable to and regulating the PID and approved by the Town Council acting in its
capacity as the PID Board; and
WHEREAS, the PID has levied assessments to pay for the costs of emergency
services provided to the residents of the PID (hereinafter “Assessments”), and those
Assessments are not an ad valorem based tax nor are they legally classified as a tax;
and
WHEREAS, the Assessments are regulated and limited only by state law
governing public improvement districts and by the Service and Assessment Plan
adopted for the PID, are not subject to any state law limitations applicable to the amount
of tax that may be adopted, nor are the Assessments subject to state law rollback
provisions; and
Town Council 26 of 113 Meeting Date: August 15, 2011
WHEREAS, the Town Council has been presented a proposed Interlocal
Cooperation Agreement by and between Town of Trophy Club PID #1 Emerg Services,
and the County entitled “Interlocal Cooperation Agreement – Tax Collection” a
substantial copy of which is attached hereto as Exhibit “A” and incorporated herein by
reference (hereinafter called “Agreement”); and
WHEREAS, for their own administrative purposes, County has classified the PID
Assessment as a tax; however, the amount to be collected by the County from the
residents of the PID is the amount of the Assessment lawfully approved and levied after
a public hearing on the Service and Assessment Plan for the PID; and
WHEREAS, the process for the collection of the Assessments and the process
for the collection of taxes are the same; and
WHEREAS, the County has erroneously classified the Emergency Services
Assessment levied by the PID as an “Emergency Services District” and
WHEREAS, as a result of this misclassification, the County has designated the
Assessment as a “tax” in the Agreement, which designation is an error in terminology,
but does not impact the amount collected nor does it substantially impact the process
for the collection of the Assessments; and
WHEREAS, the County will only collect the Assessment for the PID if the Town
approves the Agreement; and
WHEREAS, upon full review and consideration of the Agreement and of this
Resolution, and all matters attendant and related thereto, the Town Council is of the
opinion that the County’s error in classifying the Assessment as a “tax” does not affect
the substance or character of the Assessment, that execution of the Agreement serves
a valid public purpose, that all funds necessary to pay for the services shall be paid out
of current revenue legally available to the parties to the Agreement and shall not
exceed the amount budgeted therefore in the current fiscal year budget, that the terms
and conditions of the Agreement should be approved, and that the Mayor or her
designee should be authorized to execute the Agreement on behalf of the Town of
Trophy Club.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS THAT:
Section 1. The above and foregoing premises are true and correct and are
incorporated herein and made a part hereof for all purposes.
Section 2. Notwithstanding the County’s misclassification of the Assessment, the
Town Council of the Town of Trophy Club, Texas does hereby approve and agree to
enter into the Agreement, a true and correct copy of which is attached hereto and
Town Council 27 of 113 Meeting Date: August 15, 2011
incorporated herein as Exhibit “A”, so that the Assessment is collected for the use and
benefit of the PID.
Section 3. The Mayor and the Town of Trophy Club is hereby authorized,
empowered and directed to execute the Agreement on behalf of the Town of Trophy
Club.
Section 4. This Resolution shall take effect from and after its date of passage.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this the 15th day of August, 2011.
Connie White, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Shannon DePrater, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams , Town Attorney
Town of Trophy Club, Texas
Town Council 28 of 113 Meeting Date: August 15, 2011
INTERLOCAL COOPERATION AGREEMENT -TAX COLLECTION
THIS AGREEMENT is made and entered into this -----day of
______2011, by and between DENTON COUNTY, a political subdivision
of the State of Texas,hereinafter referred to as "COUNTY," and Town of Tropby Club
PID #1, Emerg Services, Denton County, Texas, also a political subdivision of the State
of Texas operating under Chapter 775,Texas Health &Safety Code, hereinafter referred
to as "DISTRICT,"
WHEREAS, COUNTY and DISTRICT mutually desire to be subject to the
provisions of V.T.C.A. Government Code, Chapter 791,the Interlocal Cooperation Act,
and V.T.C.A., Tax Code,Section 6.24; and
WHEREAS, Section 775.074(e) states the Denton County Tax Assessor-
Collector is the ad valorem tax assessor-collector for the DISTRICT;
NOW THEREFORE, COUNTY and DISTRICT, for and in consideration of
the mutual promises, covenants, and agreements herein contained, do agree as follows:
I.
The effective date of this Agreement shall be the 1st day of October 2011. The
term of this Agreement shall be for the period from for a period of one year from,
October 1, 2011 to and through September 30,2012.This Agreement shall be
automatically renewed for multiple, additional one (1) year terms at the discretion of the
COUNTY and DISTRICT,unless written notice of termination is provided by the
terminating party to the other party prior to one hundred-fifty (150) days ofthe expiration
date of the current term of the Agreement.
Page 1of 11
Town Council 29 of 113 Meeting Date: August 15, 2011
II.
For the purposes and consideration herein stated and contemplated, COUNTY
shall provide the following necessary and appropriate services for DISTRICT to the
maximum extent authorized by this Agreement,without regard to race,sex,religion,
color, age, disability, or national origin:
1. COUNTY, by and through its duly qualified tax assessor-collector, shall
serve as tax assessor-collector for DISTRICT for ad valorem tax collection for tax year
2011,and each subsequent tax year for the duration of this Agreement.COUNTY agrees
to perform all necessary ad valorem assessing and collecting duties for DISTRICT and
DISTRICT does hereby expressly authorize COUNTY to do and perform all acts
necessary and proper to assess and collect taxes for DISTRICT. COUNTY agrees to
collectbase taxes,penalties,interest,and attorney's fees.
2. COUNTY agrees to prepare and mail all tax statements; provide monthly
collection reports to DISTRICT; prepare tax certificates; develop and maintain both
current and delinquent tax rolls; meet the requirements of Section 26.04 of the Texas
Property Tax Code; and to develop and maintain such other records and forms as are
necessaryor required by State law,rules,or regulations.
3. COUNTY further agrees that it will calculate the effective tax rates and
rollback tax rates for DISTRICT and that such calculations will be provided at no
additional cost to DISTRICT.The information concerning the effective and rollback tax
rates will be published in the form prescribed by the Comptroller of Public Accounts of
the Stateof Texas, and as required by Section 26.04 of V.T.C.A.Tax Code. DISTRICT
shallnotify tax assessor-collector at least 7 days before DISTRICT wishes publication of
Page 2 of 11
Town Council 30 of 113 Meeting Date: August 15, 2011
forms specified in this section. It is understood and agreed by the parties that the expense
of publication shall be borne by DISTRICT and that COUNTY shall provide
DISTRICT's billing address to the newspaper publishing the effective and rollback tax
rates.
4.COUNTY agrees, upon request,to offer guidance and the necessary forms
for posting notices of required hearing and quarter-page notices as required by Sections
26.05 and 26.06, Tax Code, if DISTRICT requests such 7 days in advance of the
intended publication date.Should DISTRICT vote to increase its tax rate above the
rollback tax rate the required publication of notices shall be the responsibility of
DISTRICT.
5.COUNTY agrees to develop and maintain written policies and procedures
of its operation.COUNTY further agrees to make available full information about the
operation of the County Tax Office to DISTRICT,and to promptly furnish written
reports to keep DISTRICT informed of all financial information affecting it.
6.DISTRICT agrees to promptly deliver to COUNTY all records that it has
accumulated and developed in the assessment and collection of taxes, and to cooperate in
furnishing or locating any other information and records needed by COUNTY to perform
its duties under the terms and conditions of this Agreement.
7.COUNTY agrees to allow an audit of the tax records of DISTRICT in
COUNTY'S possession during normal working hours with at least 48 hours advance,
written notice to COUNTY.The expense of any and all such audits shall be paid by
DISTRICT.A copy of any and all such audits shall be furnished to COUNTY.
Page 3 of 11
Town Council 31 of 113 Meeting Date: August 15, 2011
8. If required by DISTRICT, COUNTY agrees to obtain a surety bond for
the County Tax Assessor/Collector. Such bond will be conditioned upon the faithful
performance of the Tax Assessor/Collector's lawful duties,will be made payable to
DISTRICT and in an amount determined by the governing body of DISTRICT.The
premium for any such bond shall be borne solely by DISTRICT.
9.COUNTY agrees that it will place at least a quarter-page advertisement in
newspapers serving Denton County in January, 2012, as a reminder that delinquent tax
penalties will apply to all assessed taxes which are not paid by January 31,2012. The
advertisementwill be printed in each paper between January s"and January zs".
10.COUNTY agrees that it will post to a secure website collection reports for
DISTRICT listing current taxes, delinquent taxes,penalties and interest on a daily basis
through September 12, 2012.COUNTY will provide monthly Maintenance and
Operation (hereinafter referred to as "MO"), and Interest and Sinking (hereinafter
referred to as "IS") collection reports;provide monthly recap reports; and provide
monthly attorney fee collection reports.
11.DISTRICT retains its right to select its own delinquent tax collection
attorney and COUNTY agrees to reasonably cooperate with the attorney selected by
DISTRICT in the collection of delinquent taxes and related activities.
12.DISTRICT will provide COUNTY with a copy of their current tax
collection attorney contract on or before each February 1st. Also DISTRICT will
provide COUNTY with notice of any change in collection attorney on or before the
effective date of the new collection attorney contract.
Page4 of 11
Town Council 32 of 113 Meeting Date: August 15, 2011
III.
COUNTY hereby designates the Denton County Tax Assessor/ Collector to act
on behalf of the County Tax Office and to serve as Liaison for COUNTY with
DISTRICT.The County Tax Assessor/Collector, and/or his/her designee, shall ensure
the performance of all duties and obligations of COUNTY;shall devote sufficient time
and attention to the execution of said duties on behalf of COUNTY in full compliance
with the terms and conditions of this Agreement; and shall provide immediate and direct
supervision of the County Tax Office employees,agents, contractors,subcontractors,
and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this
Agreement for the mutual benefit of COUNTY and DISTRICT.
IV.
COUNTY accepts responsibility for the acts, negligence, and/or omissions
related to property tax service of all COUNTY employees and agents,sub-contractors
and/or contract laborers, and for those actions of other persons doing work under a
contract or agreement with COUNTY to the extent allowed by law.
V.
DISTRICT accepts responsibility for the acts,negligence, and/or omissions of all
DISTRICT employees and agents, sub-contractors and/or contract laborers, and for those
of all other persons doing work under a contract or agreement with DISTRICT to the
extent allowed by law.
VI.
DISTRICT understands and agrees that DISTRICT,its employees, servants,
agents, and representatives shall at no time represent themselves to be employees,
Page 5 of 11
Town Council 33 of 113 Meeting Date: August 15, 2011
servants,agents, and/or representatives of COUNTY. COUNTY understands and agrees
that COUNTY,its employees, servants, agents, and representatives shall at no time
represent themselves to be employees,servants,agents,and/or representatives of
DISTRICT.
VII.
For the services rendered during the 2011 tax year,DISTRICT agrees to pay
COUNTY for the receipting, bookkeeping, issuing, and mailing of tax statements as
follows:
1. The current tax statements will be mailed on or about October 20th or as
soon thereafter as practical.The fee for this service will be a rate not to exceed Seventy-
one Cents ($.71) per statement.If DISTRICT does not adopt a tax rate before
September 29,2011,the tax rate for DISTRICT will be set at the lower of the effective
tax rate calculated for that year or the tax rate adopted by DISTRICT for the preceding
tax year. Before the fifth day after establishment of a tax rate under this provision,
DISTRICT must ratify the applicable tax rate in the manner required by Article 26.05(b)
of the Texas Property Tax Code.
2. An additional notice will be sent during the month of March following the
initial mailing provided that DISTRICT has requested such a notice on or before
February 28th. The fee for this service will be a rate not to exceed Seventy-one Cents
($,71)per statement.
3. At least 30 days,but no more than 60 days, prior to April 1st, and
following the initial mailing, a delinquent tax statement meeting the requirements of
Section 33.11 of the Texas Property Tax Code will be to the owner of each parcel having
Page 6 of 11
Town Council 34 of 113 Meeting Date: August 15, 2011
delinquent taxes. The fee for this service will be a rate not to exceed Seventy-one Cents
($.71) per statement.
4.At least 30 days, but no more than 60 days, prior to July 1st, and following
the initial mailing, a delinquent tax statement meeting the requirements of Section 33.07
of the Texas Property Tax Code will be mailed to the owner of each parcel having
delinquent taxes. The fee for this service will be a rate not to exceed Seventy-one Cents
($.71) per statement.
5. For accounts which become delinquent on or after June 1st,COUNTY
shall mail a delinquent tax statement meeting the requirements of Section 33.08 of the
Texas Property Tax Code to the owner of each parcel having delinquent taxes.
6. In event of a successful rollback election which takes place after tax bills
for DISTRICT have been mailed,DISTRICT agrees to pay COUNTY a programming
charge of $5,000.00.COUNTY will mail corrected statements to the owner of each
property.COUNTY will charge a fee for this service at a rate not to exceed Seventy-one
Cents ($.71) per statement Property Tax Code Section 26.07 (f),When a refund is
required per Property Tax Code Section 26.07 (g),COUNTY will charge a $.25
processing fee per check,in addition to the corrected statement mailing costs. Issuance
of refunds, in the event of a successful rollback election, will be the responsibility of the
COUNTY. DISTRICT will be billed for the refunds, postage and processing fees.
7.DISTRICT understands and agrees that COUNTY will bill DISTRICT
following each mailing for which charges are permitted. Payment is due upon receipt of
the statement.If DISTRICT fails to pay COUNTY for mailing fees by the 61st day after
Page 7 of 11
Town Council 35 of 113 Meeting Date: August 15, 2011
billing,COUNTY will withhold the billed amount from collections to satisfy the debt by
authority of Section 6.27 of the Texas Property Tax Code.
8.DISTRICT further understands and agrees that COUNTY (at its sole
discretion) may increase or decrease the amounts charged to DISTRICT for any renewal
year of this Agreement, provided that COUNTY gives written notice to DISTRICT sixty
(60) days prior to the expiration date of the initial term of the Agreement.Collection
rates are established annually by a survey of costs conducted by the County Budget
Office. The collection rate for each year is approved by County Commissioners' Court.
All entities are assessed the same per parcel collection rate.
VIII.
COUNTY agrees to remit all taxes, penalties, and interest collected on
DISTRICT's behalf and to deposit such funds into the DISTRICT's depositories, as
designated:
1. For deposits of tax, penalty and interest, payment shall be by wire transfer
or by check sent by mail to DISTRICT's depository accounts only, and segregated into
the appropriate MO and IS accounts.
2.If DISTRICT uses the same depository as COUNTY,the deposits of tax,
penalty and interest shall be by deposit transfer.
3. In anticipation of renewal of this Agreement,COUNTY further agrees
that deposits will be made daily through September 30,2012. It is expressly understood,
however, that this obligation of COUNTY shall not survive termination of this
Agreement, whether by termination by either party or by failure of the parties to renew
this Agreement.
Page 8 of 11
Town Council 36 of 113 Meeting Date: August 15, 2011
IX.
In the event of termination, the withdrawing party shall be obligated to make such
payments as are required by this Agreement through the balance of the tax year in which
notice is given.COUNTY shall be obligated to provide services pursuant to this
Agreement,during such period.
X.
This Agreement represents the entire agreement between DISTRICT and
COUNTY and supersedes all prior negotiations,representations,and/or agreements,
either written or oral.This Agreement may be amended only by written instrument
signed by the governing bodies of both DISTRICT and COUNTY or those authorized to
sign on behalf of those governing bodies.
XI.
Any and all written notices required to be given under this Agreement shall be delivered
or mailed to the listed addresses:
COUNTY:
County Judge of Denton County
110 West Hickory
Denton, Texas 76201
Telephone:940-349-2820
DISTRICT:
Town of Trophy Club PID #1 Emerg Services
100 Municipal
The Trophy Club,TX 76262
Phone: 682-831-4610
Contact: Lisa Hennek
Page 9 of 11
Town Council 37 of 113 Meeting Date: August 15, 2011
XII.
DISTRICT hereby designates its president, or his designees to act on behalf of
DISTRICT,and to serve as Liaison for DISTRICT to ensure the performance of all
duties and obligations of DISTRICT as stated in this Agreement.DISTRICT's
designee shall devote sufficient time and attention to the execution of said duties on
behalf of DISTRICT in full compliance with the terms and conditions of this
Agreement; shall provide immediate and direct supervision of the DISTRICT
employees, agents, contractors, subcontractors, and/or laborers, if any, in the furtherance
of the purposes, terms and conditions of this Agreement for the mutual benefit of
DISTRICT and COUNTY.
XIII.
In the event that any portion of this Agreement shall be found to be contrary to
law,it is the intent of the parties that the remaining portions shall remain valid and in full
force and effect to the extent possible.
XIV.
The undersigned officers and/or agents of the parties are the properly authorized
officials and have the necessary authority to execute this agreement on behalf of the
parties. Each party hereby certifies to the other that any resolutions necessary for this
Agreementhave been duly passed and are now in full force and effect.
Page 10of 11
Town Council 38 of 113 Meeting Date: August 15, 2011
Executed in duplicate originals this,day of _
2011.
COUNTY
Denton County Texas
110 West Hickory
Denton,Texas 76201
BY:-----------------------Honorable Mary Horn
Judge
ATTEST:
BY:_
Cynthia Mitchell
Denton County Clerk
APPROVED FORM AND CONTENT:
Steve Mossman
Denton County
Tax Assessor/Collector
Page 11 of 11
DISTRICT
Town of Trophy Club PID #1 Emerg Services
100 Municipal
The Trophy Club,TX 76262
BY:-----------Name:-------------------Title:-----------
ATTEST:
BY:_
Name ---------------------Title _
APPROVED AS TO FORM:
Moira Schilke
Denton County
Assistant DISTRICT Attorney
Town Council 39 of 113 Meeting Date: August 15, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-389-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:8/9/2011 Town Council
On agenda:Final action:8/15/2011
Title:Consider and take appropriate action regarding an Interlocal Cooperation Agreement for Tax
Collection between Denton County and the Town of Trophy Club, and designating Eric Cannon,
Director of Finance as the Liaison, and authorizing the Mayor or her designee to execute all
necessary documents.
Attachments:ILA - Denton County Tax Collection for Town.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding an Interlocal Cooperation Agreement for Tax Collection between Denton
County and the Town of Trophy Club, and designating Eric Cannon, Director of Finance as the Liaison, and authorizing
the Mayor or her designee to execute all necessary documents.
EXPLANATION:
The proposed Interlocal Agreement with Denton County is for the collection of ad valorem taxes for the Town. The Town
will be required to approve and execute additional contract(s) with Denton County for the collection of the PID
Assessments. Those agreements will be placed on an upcoming agenda.
TOWN COUNCIL GOAL(S):
Goal #5: Financial and Operational Stewardship
Hire, develop, and retain quality staff
Implement strong financial management standards
Improve effectiveness and efficiency of operational processes
Maintain / Improve infrastructure and assets
Provide cost-effective services
Deliver responsible customer service
Town Council 40 of 113 Meeting Date: August 15, 2011
INTERLOCAL COOPERATION AGREEMENT -TAX COLLECTION
THIS AGREEMENT is made and entered into this ________ _
day of ________ 2011, by and between DENTON COUNTY, a political
subdivision of the State of Texas, hereinafter referred to as "COUNTY," and, the
Citylfown of THE TROPHY CLUB, Denton County, Texas, also a political
subdivision of the State of Texas, hereinafter referred to as "MUNICIPALITY."
WHEREAS, COUNTY and MUNICIPALITY mutually desire to be subject to
the provisions of V.T.C.A. Government Code, Chapter 791, the Interlocal Cooperation
Act, and V.T.C.A., Tax Code, Section 6.24 and 25.17 and;
WHEREAS, MUNICIPALITY has the authority to contract with the COUNTY
for the COUNTY to act as tax assessor and collector for MUNICIPALITY and
COUNTY has the authority to so act;
NOW THEREFORE, COUNTY and MUNICIPALITY, for and in
consideration of the mutual promises, covenants, and agreements herein contained, do
agree as follows:
1.
The effective date of this Agreement shall be the 1st day of October, 2011. The
term of this Agreement shall be for a period of one year, from October 1, 2011, to and
through September 30, 2012. This Agreement shall be automatically renewed for an
additional one (1) year term at the discretion of the COUNTY and MUNICIPALITY,
unless written notice of termination is provided by the terminating party to the other party
prior to one hundred-fifty (150) days of the expiration date of the current term of the
Agreement.
Page I of11
Town Council 41 of 113 Meeting Date: August 15, 2011
II.
For the pwposes and consideration herein stated and contemplated, COUNTY
shall provide the following necessary and appropriate services for MUNICIPALITY to
the maximum extent authorized by this Agreement, without regard to race, sex, religion,
color, age, disability, or national origin:
1. COUNTY, by and through its duly qualified tax assessor-collector, shall
serve as tax assessor-collector for MUNICIPALITY for ad valorem tax collection for
tax year 2011, and each tax year for the duration of this Agreement. COUNTY agrees to
perform all necessary ad valorem assessing and collecting duties for MUNICIPALITY
and MUNICIPALITY does hereby expressly authorize COUNTY to do and perform all
acts necessary and proper to assess and collect taxes for MUNICIPALITY. COUNTY
agrees to collect base taxes, penalties, interest, and attorney's fees.
2. COUNTY agrees to prepare and mail all tax statements; provide monthly
collection reports to MUNICIPALITY; prepare tax certificates; develop and maintain
both current and delinquent tax rolls; meet the requirements of Section 26.04 of the Texas
Tax Code; and to develop and maintain such other records and forms as are necessary or
required by State law, rules, or regulations.
3. COUNTY further agrees that it will calculate the effective tax rates and
rollback tax rates for MUNICIPALITY and that such calculations will be provided at no
additional cost to MUNICIPALITY. The information concerning the effective and
rollback tax rates will be published in the form prescribed by the Comptroller of Public
Accounts of the State of Texas, and as required by Section 26.04 of V.T.C.A. Tax Code.
MUNICIPALITY shall notifY tax assessor-collector at least 7 days before
Page 2 of 11
Town Council 42 of 113 Meeting Date: August 15, 2011
MUNICIPALITY wishes publication of forms specified in this section. It is understood
and agreed by the parties that the expense of publication shall be borne by
MUNICIPALITY and that COUNTY shall provide MUNICIPALITY's billing address
to the newspaper publishing the effective and rollback tax rates.
4. COUNTY agrees, upon request, to offer guidance and the necessary forms
for posting notices of required hearing and quarter-page notices as required by Sections
26.05 and 26.06 of V.T.C.A. Tax Code, if MUNICIPALITY requests such 7 days in
advance of the intended publication date. Should MUNICIPALITY vote to increase its
tax rate above the rollback tax rate the required publication of notices shall be the
responsibility of MUNICIPALITY.
5. COUNTY agrees to develop and maintain written policies and procedures
of its operation. COUNTY further agrees to make available full information about the
operation of the County Tax Office to MUNICIPALITY, and to promptly furnish
written reports to keep MUNICIPALITY informed of all financial information affecting
it.
6. MUNICIPALITY agrees to promptly deliver to COUNTY all records
that it has accumulated and developed in the assessment and collection of taxes, and to
cooperate in furnishing or locating any other information and records needed by
COUNTY to perform its duties under the terms and conditions of this Agreement.
7. COUNTY agrees to allow an audit of the tax records of
MUNICIPALITY in COUNTY'S possession during normal working hours with at least
48 hours advance, written notice to COUNTY. The expense of any and all such audits
Page 3 of 11
Town Council 43 of 113 Meeting Date: August 15, 2011
shall be paid by MUNICIPALITY. A copy of any and all such audits shall be furnished
to COUNTY.
8. If required by MUNICIPALITY, COUNTY agrees to obtain a surety
bond for the County Tax Assessor/Collector. Such bond will be conditioned upon the
faithful perfonnance of the Tax Assessor/Collector's lawful duties, will be made payable
to MUNICIPALITY and in an amount detennined by the governing body of
MUNICIPALITY. The premium for any such bond shall be borne solely by
MUNICIPALITY.
9. COUNTY agrees that it will place at least a quarter-page advertisement in
newspapers serving Denton County in January, 2012, as a reminder that delinquent tax
penalties will apply to all assessed taxes which are not paid by January 31, 2012. The
advertisement will be printed in each paper between January 5th and January 25 th •
10. COUNTY agrees that it will post to a secure website collection reports for
MUNICIPALITY listing current taxes, delinquent taxes, penalties and interest on a daily
basis through September 30, 2012. County will provide monthly Maintenance and
Operation (hereinafter referred to as "MO"), and Interest and Sinking (hereinafter
referred to as "IS") collection reports; provide monthly recap reports; and provide
monthly attorney fee collection reports.
1 1. MUNICIPALITY retains its right to select its own delinquent tax
collection attorney and COUNTY agrees to reasonably cooperate with the attorney
selected by MUNICIPALITY in the collection of delinquent taxes and related activities.
12. MUNICIPALITY will provide COUNTY with a copy of their current tax
collection attorney contract on or before each February 1st. Also MUNICIPALITY will
Page 4 of II
Town Council 44 of 113 Meeting Date: August 15, 2011
provide COUNTY with notice of any change in collection attorney on or before the
effective date of the new collection attorney contract.
III.
COUNTY hereby designates the Denton County Tax Assessor/ Collector to act
on behalf of the County Tax Office and to serve as Liaison for COUNTY with
MUNICIPALITY. The County Tax Assessor/Collector, and/or hislher designee, shall
ensure the perfonuance of all duties and obligations of COUNTY; shall devote sufficient
time and attention to the execution of said duties on behalf of COUNTY in full
compliance with the tenus and conditions of this Agreement; and shall provide
immediate and direct supervision of the County Tax Office employees, agents,
contractors, subcontractors, and/or laborers, if any, in the furtherance of the purposes,
tenus and conditions of this Agreement for the mutual benefit of COUNTY and
MUNICIPALITY.
IV.
COUNTY accepts responsibility for the acts, negligence, and/or omissions
related to property tax service of all COUNTY employees and agents, sub-contractors
and lor contract laborers, and for those actions of other persons doing work under a
contract or agreement with COUNTY to the extent allowed by law.
V.
MUNICIPALITY accepts responsibility for the acts, negligence, and/or
omissions of all MUNICIPALITY employees and agents, sub-contractors and/or
contract laborers, and for those of all other persons doing work under a contract or
agreement with MUNICIPALITY to the extent allowed by law.
Page 5 of 11
Town Council 45 of 113 Meeting Date: August 15, 2011
VI.
MUNICIPALITY understands and agrees that MUNICIPALITY, its
employees, servants, agents, and representatives shall at no time represent themselves to
be employees, servants, agents, and/or representatives of COUNTY. COUNTY
understands and agrees that COUNTY, its employees, servants, agents, and
representatives shall at no time represent themselves to be employees, servants, agents,
and/or representatives of MUNICIPALITY.
VII.
For the services rendered during the 2011 tax year, MUNICIPALITY agrees to
pay COUNTY for the receipting, bookkeeping, issuing, and mailing of tax statements as
follows:
1. The current tax statements will be mailed on or about October 20th or as
soon thereafter as practical. The fee for this service will be a rate not to exceed Seventy-
one Cents ($.71) per statement. If MUNICIPALITY does not adopt a tax rate before
September 29,2011, the tax rate for MUNICIPALITY will be set at the lower of the
effective tax rate calculated for that year or the tax rate adopted by MUNICIPALITY for
the preceding tax year. Before the fifth day after establishment of a tax rate under this
provision, MUNICIPALITY must ratifY the applicable tax rate in the manner required
by Article 26.05(b) of the Texas Tax Code.
2. COUNTY will mail an additional notice during the month of March
following the initial mailing provided that MUNICIPALITY has requested such a notice
on or before February 28th. The fee for this service will be a rate not to exceed Seventy-
one Cents ($.71) per statement.
Page 6 of 11
Town Council 46 of 113 Meeting Date: August 15, 2011
3. At least 30 days, but no more than 60 days, prior to April 1st, and
following the initial mailing, COUNTY shall mail a delinquent tax statement meeting the
requirements of Section 33.11 of the Texas Property Tax Code to the owner of each
parcel to the owner of each parcel having delinquent taxes" The fee for this service will
be a rate not to exceed Seventy-one Cents ($.71) per statement
4. At least 30 days, but no more than 60 days, prior to July 1 st, and foilowing
the initial mailing, COUNTY will mail a delinquent tax statement meeting the
requirements of Section 33.07 of the Texas Property Tax Code will be mailed to the
owner of each parcel having delinquent taxes. The fee for this service will be a rate not
to exceed Seventy-one Cents ($.71) per statement.
5. For accounts which become delinquent on or after June I't, COUNTY
shall mail a delinquent tax statement meeting the requirements of Section 33.08 of the
Texas Property Tax Code to the owner of each parcel having delinquent taxes.
6. In event of a successful rollback election which takes place after tax bills
for MUNICIPALITY have been mailed, MUNICIPALITY agrees to pay COUNTY a
programming charge of $5,000.00. COUNTY will mail corrected statements to the
owner of each parcel. COUNTY will charge a fee for this service will be a rate not to
exceed Seventy-one Cents ($.71) per statement. When a refund is required per Property
Tax Code Section 26.07 (g), COUNTY will charge a $.25 processing fee per check, in
addition to the corrected statement mailing costs. Issuance of refunds, in the event of a
successful rollback election, will be the responsibility of the COUNTY.
MUNICIPALITY will be biIled for the refunds, postage and processing fees.
Page 70f11
Town Council 47 of 113 Meeting Date: August 15, 2011
7. MUNICIPALITY understands and agrees that COUNTY will bill
MUNICIPALITY following each mailing for which charges are permitted. Payment is
due upon receipt of the statement. If MUNICIPALITY fails to pay COUNTY for
mailing fees by the 61 st day after billing, COUNTY will withhold the billed amount from
collections to satisfY the debt by authority of Section 6.27 of the Texas Property Tax
Code.
8. MUNICIPALITY further understands and agrees that COUNTY (at its
sole discretion) may increase or decrease the amounts charged to MUNICIPALITY for
any renewal year of this Agreement, provided that COUNTY gives written notice to
MUNICIPALITY sixty (60) days prior to the expiration date of the initial term of the
Agreement. Collection rates are established annually by a survey of costs conducted by
the County Budget Office. The collection rate for each year is approved by County
Commissioners' Court. All entities are assessed the same per parcel collection rate.
VIII.
COUNTY agrees to remit all taxes, penalties, and interest collected on
MUNICIPALITY's behalf and to deposit such funds into the MUNICIPALITY's
depositories as designated:
1. For deposits of tax, penalties, and interest, payment shall be by wire
transfer or by check sent by mail to MUNICIPALITY's depository accounts only, and
segregated into the appropriate MO and IS accounts.
2. If MUNICIPALITY uses the same depository as COUNTY, the deposits
of tax, penalty and interest shall be by deposit transfer.
Page 8 of 11
Town Council 48 of 113 Meeting Date: August 15, 2011
3. In anticipation of renewal of this Agreement, COUNTY further agrees
that deposits will be made daily through September 30, 2012. It is expressly understood,
however, that this obligation of COUNTY shall not survive termination of this
Agreement, whether by termination by either party or by failure of the parties to renew
this Agreement.
IX.
In the event of termination, the withdrawing party shall be obligated to make such
payments as are required by this Agreement through the balance of the tax year in which
notice is given. COUNTY shall be obligated to provide services pursuant to this
Agreement, during such period.
X.
This Agreement represents the entire agreement between MUNICIPALITY and
COUNTY and supersedes all prior negotiations, representations, andlor agreements,
either written or oral. This Agreement may be amended only by written instrument
signed by the governing bodies of both MUNICIPALITY and COUNTY or those
authorized to sign on behalf of those governing bodies.
XI.
Any and all written notices required to be given under this Agreement shall be delivered
or mailed to the listed addresses:
Page 9 of 11
COUNTY:
County Judge of Denton County
110 West Hickory
Denton, Texas 76201
Telephone 940-349-2820
Town Council 49 of 113 Meeting Date: August 15, 2011
MUNICIPALITY:
The Cityffown of The Trophy Club
100 Municipal
The Trophy Club, TX 76262
Telephone: 682-831-4512
Contact: Lisa Hennek
XII.
MUNICIPALITY hereby designates _________ to act on behalf
of MUNICIPALITY, and to serve as Liaison for MUNICIPALITY to ensure the
perfonnance of all duties and obligations of MUNICIPALITY as stated in this
Agreement. MUNICIPALITY's designee shall devote sufficient time and attention to
the execution of said duties on behalf of MUNICIPALITY in full compliance with the
tenns and conditions of this Agreement; shall provide immediate and direct supervision
of the MUNICIPALITY employees, agents, contractors, subcontractors, and/or laborers,
if any, in the furtherance of the purposes, terms and conditions of this Agreement for the
mutual benefit of MUNICIPALITY and COUNTY.
XIII.
In the event that any portion of this Agreement shall be found to be contrary to
law, it is the intent of the parties that the remaining portions shall remain valid and in full
force and effect to the extent possible.
XIV.
The undersigned officers and/or agents of the parties are the properly authorized
officials and have the necessary authority to execute this agreement on behalf of the
parties. Each party hereby certifies to the other that any resolutions necessary for this
Agreement have been duly passed and are now in full force and effect.
Page 10 of II
Town Council 50 of 113 Meeting Date: August 15, 2011
Executed in duplicate originals this, ____ day of ______ 2011.
COUNTY
Denton County
110 West Hickory
Denton, Texas 76201
BY::;-----:-7"":-:--:::--___ _
Honorable Mary Hom
Denton County Judge
ATTEST:
BY:_.,....,...---,_-:-:-____ _
Cynthia Mitchell
Denton County Clerk
APPROVED FORM AND CONTENT:
Steve Mossman
Denton County
Tax Assessor/Collector
Page II of II
MUNICIPALITY
CitylTown of The Trophy Club
100 Municipal
The Trophy Club, TX 76262
BY: Nam-e-:----------
Title: _________ _
ATTEST:
BY:, ________ _
Name Title ----------
APPROVED AS TO FORM:
Moira Schilke
Denton County
Assistant District Attorney
Town Council 51 of 113 Meeting Date: August 15, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-404-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:8/11/2011 Town Council
On agenda:Final action:8/15/2011
Title:Consider and take appropriate action regarding an Interlocal Cooperation Agreement for PID
Assessments between Denton County and the Town of Trophy Club, and designating Eric Cannon,
Director of Finance as the Liaison, and authorizing the Mayor or her designee to execute all
necessary documents.
Attachments:2011_TROPHYCLUBPUBLIC_ILA.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding an Interlocal Cooperation Agreement for PID Assessments between
Denton County and the Town of Trophy Club, and designating Eric Cannon, Director of Finance as the Liaison, and
authorizing the Mayor or her designee to execute all necessary documents.
EXPLANATION:
Interlocal Cooperation Agreement will be sent under cover separate cover once received.
Town Council 52 of 113 Meeting Date: August 15, 2011
INTERLOCAL COOPERATION AGREEMENT - ASSESSMENT COLLECTION
THIS AGREEMENT is made and entered into this ------------------
day of 2011, by and between DENTON COUNTY, a political
subdivision of the State of Texas, hereinafter referred to as "COUNTY," and TROPHY
CLUB PUBLIC IMPROVEMENT DISTRICT, an instrumentality of the City/Town of
100 MUNICIPAL Denton County, Texas, also a political subdivision of the State of
Texas, hereinafter referred to as "DISTRICT."
WHEREAS, COUNTY and DISTRICT mutually desire to be subject to the
provisions of V.T.C.A.Government Code, Chapter 791,the Interlocal Cooperation Act,
and V.T.C.A., Tax Code, Section 6.24; and
WHEREAS, DISTRICT has the authority to contract with the COUNTY for the
COUNTY to act as tax assessor and collector for DISTRICT and COUNTY has the
authority to so act;
NOW THEREFORE, COUNTY and DISTRICT, for and in consideration of
the mutual promises, covenants, and agreements herein contained, do agree as follows:
I.
The effective date of this Agreement shall be the 1st day of October, 2011.The
term of this Agreement shall be for a period of one year, from October 1,2011, to and
through September 30, 2012. This Agreement shall be automatically renewed for an
additional one (1) year term at the discretion of the COUNTY and DISTRICT, unless
written notice of termination is provided by the terminating party to the other party prior
to one hundred-fifty (150) days of the expiration date of the current term of the
Agreement.
Page 1of 12
Town Council 53 of 113 Meeting Date: August 15, 2011
II.
For the purposes and consideration herein stated and contemplated, COUNTY
shall provide the following necessary and appropriate services for DISTRICT to the
maximum extent authorized by this Agreement, without regard to race, sex, religion,
color, age, disability, or national origin:
1. COUNTY, by and through its duly qualified tax assessor-collector, shall
serve as assessor-collector for DISTRICT for assessment collection for tax year 2011,
and each tax year for the duration of this Agreement. COUNTY agrees to perform all
necessary assessment collecting duties for DISTRICT and DISTRICT does hereby
expressly authorize COUNTY to do and perform all acts necessary and proper to assess
and collect assessments for DISTRICT. COUNTY agrees to collect base assessments,
penalties, interest, and attorney's fees.
2. COUNTY agrees to prepare and mail all assessment statements (included
on the tax statement for each parcel); provide monthly collection reports to DISTRICT;
develop and maintain both current and delinquent assessment rolls; meet the
requirements of Section 26.04 of the Texas Tax Code; and to develop and maintain such
other records and forms as are necessary or required by State law, rules, or regulations.
3. COUNTY agrees to develop and maintain written policies and
procedures of its operation. COUNTY further agrees to make available full information
about the operation of the County Tax Office to DISTRICT, and to promptly furnish
written reports to keep DISTRICT informed of all financial information affecting it.
Page 2 of 12
Town Council 54 of 113 Meeting Date: August 15, 2011
4.DISTRICT agrees to promptly deliver to COUNTY all records that it
has accumulated and developed in the collection of assessments,and to cooperate in
furnishing or locating any other information and records needed by COUNTY to perform
its duties under the terms and conditions of this Agreement.
5.COUNTY agrees to allow an audit of the assessment collection records of
DISTRICT in COUNTY'S possession during normal working hours with at least 48
hours advance, written notice to COUNTY.The expense of any and all such audits shall
be paid by DISTRICT.A copy of any and all such audits shall be furnished to
COUNTY.
6. If required by DISTRICT, COUNTY agrees to obtain a surety bond for
the County Tax Assessor/Collector. Such bond will be conditioned upon the faithful
performance of the Tax Assessor/Collector's lawful duties,will be made payable to
DISTRICT and in an amount determined by the governing body of DISTRICT.The
premium for any such bond shall be borne solely by DISTRICT.
7.COUNTY agrees that it will place at least a quarter-page advertisement in
newspapers serving Denton County in January, 2012, as a reminder that delinquent
penalties will apply to all assessments which are not paid by January 31, 2012. The
advertisement will be printed in each paper between January 5th and January zs".
8.COUNTY agrees that it will post to a secure website collection reports for
DISTRICT listing current assessments, delinquent assessments, and penalties and
interest on a daily basis through September 30, 2012;COUNTY will provide monthly
Maintenance and Operation (hereinafter referred to as "MO") , and Interest and Sinking
Page 3 of 12
Town Council 55 of 113 Meeting Date: August 15, 2011
(hereinafter referred to as "IS") collection reports; provide monthly recap reports; and
provide monthly attorney fee collection reports.
9. DISTRICT retains its right to select its own delinquent assessment
collection attorney and COUNTY agrees to reasonably cooperate with the attorney
selectedby DISTRICT in the collection of delinquent taxes and related activities.
10.DISTRICT will provide COUNTY with a copy of their current
assessment collection attorney contract on or before each February 1st.DISTRICT will
provide COUNTY with notice of any change in collection attorney on or before the
effectivedate of the new collection attorney contract.
III.
COUNTY hereby designates the Denton County Tax Assessor/ Collector to act
on behalf of the County Tax Office and to serve as Liaison for COUNTY with
DISTRICT. The County Tax Assessor/Collector, and/or his/her designee, shall ensure
the performance of all duties and obligations of COUNTY; shall devote sufficient time
and attention to the execution of said duties on behalf of COUNTY in full compliance
with the terms and conditions of this Agreement; and shall provide immediate and direct
supervision of the County Tax Office employees,agents,contractors,subcontractors,
and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this
Agreement for the mutual benefit of COUNTY and DISTRICT.
IV.
It is understood and agreed between COUNTY and DISTRICT that the
DISTRICT, in performing its obligations hereunder,is acting independently,and the
COUNTY assumes no responsibility or liabilities in connection therewith to third parties.
Page 4 of 12
Town Council 56 of 113 Meeting Date: August 15, 2011
It is further understood and agreed between COUNTY and DISTRICT that the
COUNTY, in performing its obligations hereunder,is acting independently, and the
DISTRICT assumes no responsibilities in connection therewith to third parties. Nothing
in this AGREEMENT is intended to benefit any third party beneficiary.
DISTRICT agrees that it will protect, defend, indemnify, and hold harmless
COUNTY and all of its officers, agents, and employees from and against all claims,
demands, causes of action, damages, judgments, losses and expenses, including
attorney's fees, of whatsoever nature,character, or description that any person or entity
has or may have arising from or on account of any injuries or damages received or
sustained by person, persons, or property, on account of or arising out of, or in
connectionwith the performance of the services, including without limiting the generality
of the foregoing, any negligent act or omission of the DISTRICT or any employee,
officer, agent, subcontractor, servant, invitee, or assignee of the DISTRICT in the
execution or performance of this AGREEMENT. This provision shall survive the
termination ofthis AGREEMENT.
v.
COUNTY accepts responsibility for the acts, negligence, and/or omissions
related to assessment service of all COUNTY employees and agents, sub-contractors and
lor contract laborers, and for those actions of other persons doing work under a contract
or agreement with COUNTY to the extent allowed by law.
Page 5 of 12Town Council 57 of 113 Meeting Date: August 15, 2011
VI.
DISTRICT accepts responsibility for the acts, negligence, and/or omissions of all
DISTRICT employees and agents, sub-contractorsand/or contract laborers,and for those
of all other persons doing work under a contract or agreement with DISTRICT to the
extent allowed by law.
VII.
DISTRICT understands and agrees that DISTRICT,its employees, servants,
agents, and representatives shall at no time represent themselves to be employees,
servants,agents,and/or representatives of COUNTY. COUNTY understands and agrees
that COUNTY, its employees, servants,agents,and representatives shall at no time
represent themselves to be employees,servants,agents, and/or representatives of
DISTRICT.
VIII.
For the services rendered during the 2011-2012 assessment year,DISTRICT
agrees to pay COUNTY for the receipting, bookkeeping,issuing, and mailing of
assessment statements as follows:
1. The current assessment statements will be mailed on or about October
20th or as soonthereafter as practical. The fee for this service will be a rate not to exceed
Seventy-one Cents ($.71) per statement. If DISTRICT does not provide the assessment
roll on or before September 15,2011 COUNTY will charge a $5,000.00 late processing
fee, plus the per statement fee not to exceed Seventy-one Cents ($.71) each. The
assessment roll is to be in the form of a flat ASCII file and delivered to both the Tax
Page 6 of 12Town Council 58 of 113 Meeting Date: August 15, 2011
Assessor/Collector and to the Tax Assessor/Collector's software provider,delivery may
be by CD,or FTP.
2. All assessments become due on receipt of the tax statement each year.
3. All unpaid assessments become delinquent on February 1st of the year
following the assessment year. Penalty and interest fees accrue at the same rate and time
schedule as the same year's ad valorem property tax.(Tax Code,Section 31.02(a),and
33.01(a))
4.Delinquent assessment collection attorneys become involved at the same
times as do the delinquent ad valorem property tax attorneys. (Tax Code, Sections 6.30,
33.07,33.08,33.11, and 33.48)
5. An additional notice will be sent during the month of March following the
initial mailing provided that DISTRICT has requested such a notice on or before
February 28th. The fee for this service will be a rate not to exceed Seventy-one Cents
($.71) per statement.
6. At least 30 days, but no more than 60 days,prior to April 1st, and
following the initial mailing, a delinquent assessment statement meeting the requirements
of Section 33.11 of the Texas Property Tax Code will be mailed to the owner of each
parcel having delinquent taxes. The fee for this service will be a rate not to exceed
Seventy-one Cents ($.71) per delinquent statement.
7. At least 30 days,but no more than 60 days, prior to July 1st,and following
the initial mailing,a delinquent assessment statement meeting the requirements of
Section 33.07 of the Texas Property Tax Code will be mailed to the owner of each parcel
Page 7 of 12
Town Council 59 of 113 Meeting Date: August 15, 2011
having delinquent taxes. The fee for this service will be a rate not to exceed Seventy-one
Cents ($.71) per delinquent statement.
8. For accounts which become delinquent on or after June 1st,COUNTY
shall mail a delinquent tax statement meeting the requirements of Section 33.08 of the
Texas Property Tax Code to the owner of each parcel having delinquent taxes.
9. In event of a successful challenge to the assessments taking place after
assessment bills for DISTRICT have been mailed, DISTRICT agrees to pay COUNTY
a programming charge of $5,000.00. COUNTY will mail corrected statements to the
owner of each parcel. County will charge a fee for preparing and mailing will be a rate
not to exceed Seventy-one Cents ($.71) per corrected statement,to comply with Property
Tax Code Section 26.07 (f), will be charged. When a refund is required per Property Tax
Code Section 26.07 (g), COUNTY will charge a $.25 processing fee per check,in
addition to the corrected statement mailing costs. If issuance of refunds is required,it
will be the responsibility of the COUNTY. DISTRICT will be billed for the refunds,
first-class postage and the processing fees.
10. DISTRICT understands and agrees that COUNTY will bill DISTRICT
following each mailing for which charges are permitted. Payment is due upon receipt of
the statement. If DISTRICT fails to pay COUNTY for mailing fees by the 61st day after
billing, COUNTY will withhold the billed amount from collections to satisfy the debt by
authority of Section 6.27 of the Texas Property Tax Code.
11. DISTRICT further understands and agrees that COUNTY (at its sole
discretion) may increase or decrease the amounts charged to DISTRICT for any renewal
year of this Agreement,provided that COUNTY gives written notice to DISTRICT
Page 8 of 12Town Council 60 of 113 Meeting Date: August 15, 2011
sixty (60) days prior to the expiration date of the initial term of the Agreement.
Collection rates are established annually by a survey of costs conducted by the County
Budget Office. The collection rate for each year is approved by County Commissioners'
Court. All entities are assessed the same per parcel collection rate.
IX.
COUNTY agrees to remit all assessments, penalties,and interest collected on
DISTRICT's behalf and to deposit such funds into the DISTRICT's depositories, as
designated:
1.For deposits of assessments, penalties, and interest, payment shall be by
wire transfer or by check sent by mail to DISTRICT's depository accounts only, and
segregated into the appropriate MO and IS accounts.
2. If DISTRICT uses the same depository as COUNTY, the deposits of
assessments,penalty and interest shall be by deposit transfer.
3. In anticipation of renewal of this Agreement, COUNTY further agrees
that deposits will be made daily through September 30,2012. It is expressly understood,
however,that this obligation of COUNTY shall not survive termination of this
Agreement, whether by termination by either party or by failure of the parties to renew
this Agreement.
X.
In the event of termination,the withdrawing party shall be obligated to make such
payments as are required by this Agreement through the balance of the assessment year in
which notice is given. COUNTY shall be obligated to provide services pursuant to this
Agreement, during such period.
Page 9 of 12
Town Council 61 of 113 Meeting Date: August 15, 2011
XI.
This Agreement represents the entire agreement between DISTRICT and
COUNTY and supersedes all prior negotiations, representations,andlor agreements,
either written or oral. This Agreement may be amended only by written instrument
signed by the governing bodies of both DISTRICT and COUNTY or those authorized to
sign on behalf of those governing bodies.
XII.
Any and all written notices required to be given under this Agreement shall be
delivered or mailed to the listed addresses:
COUNTY:
County Judge of Denton County
110 West Hickory
Denton,Texas 76201
Telephone 940-349-2820
DISTRICT:
Trophy Club Public Improvement District
100 Municipal
The Trophy Club, TX 76262
Telephone: 682-831-4512
Contact:Lisa Hennek
XIII.
DISTRICT hereby designates to act on behalf of
DISTRICT, and to serve as Liaison for DISTRICT to ensure the performance of all
duties and obligations of DISTRICT as stated in this Agreement.DISTRICT's
designee shall devote sufficient time and attention to the execution of said duties on
behalf of DISTRICT in full compliance with the terms and conditions of this
Agreement; shall provide immediate and direct supervision of the DISTRICT
Page 10 of 12Town Council 62 of 113 Meeting Date: August 15, 2011
employees, agents,contractors,subcontractors,and/or laborers, if any,in the furtherance
of the purposes,terms and conditions of this Agreement for the mutual benefit of
DISTRICT and COUNTY.
XIV.
In the event that any portion of this Agreement shall be found to be contrary to
law, it is the intent of the parties that the remaining portions shall remain valid and in full
force and effect to the extent possible.
XV.
The undersigned officers and/or agents of the parties are the properly authorized
officials and have the necessary authority to execute this agreement on behalf of the
parties. Each party hereby certifies to the other that any resolutions necessary for this
Agreement have been duly passed and are now in full force and effect.
Page 11 of 12Town Council 63 of 113 Meeting Date: August 15, 2011
Executed in duplicate originals this,day of 2011.
COUNTY DISTRICT
Denton County Texas
110 West Hickory
Denton, Texas 76201
Trophy Club Public Improvement District
100 Municipal
The Trophy Club, TX 76262
BY:-------------Honorable Mary Horn
Denton County Judge
BY:-----------Name:----------Title:----------
ATTEST:ATTEST:
BY:_
Cynthia Mitchell
Denton County Clerk
BY:-----------Name -----------Title _
APPROVED FORM AND CONTENT:APPROVED AS TO FORM:
Steve Mossman
Denton County
Tax Assessor/Collector
Moira Schilke
Denton County
Assistant District Attorney
Page 12 of 12Town Council 64 of 113 Meeting Date: August 15, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-395-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:8/9/2011 Town Council
On agenda:Final action:8/15/2011
Title:Consider and take appropriate action regarding an Interlocal Agreement for Participation in Fort
Worth's Environmental Collection Center Household Hazardous Waste Program, designating the
Town Manager, or his designee as the Household Hazardous Waste Collection Coordinator and
designating the Assistant Town Manager as the alternate.
Attachments:FY12 ECC Agreement-City Final.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding an Interlocal Agreement for Participation in Fort Worth's Environmental
Collection Center Household Hazardous Waste Program, designating the Town Manager, or his designee as the
Household Hazardous Waste Collection Coordinator and designating the Assistant Town Manager as the alternate.
EXPLANATION:
A renewal of our interlocal agreement for participation in the City of Fort Worth’s Household Hazardous Waste (HHW)
collection program for FY12. The interlocal agreement allows our residents to drop-off approved items at the Fort Worth
Environmental Collection Center (ECC) as well as host the Crud Cruiser at the Trophy Club Community Clean-up events
hosted twice per year. The cost per drop-off for FY12 will remain at the $47 per drop-off.
Through April 2011, 118 Trophy Club residents had utilized the ECC or the Crud Cruiser. The majority occurred during
the April Community Clean-up event when 106 residents disposed of approximately 10,000 pounds of hazardous
materials. Hosting Community Clean-up events are a significant component to Trophy Club's Stormwater Management
Plan, and they were bonus item to our Scenic City award.
Funding is provided through our Allied Waste refuse contract. The Town's next Community Clean-up event will be
Saturday, October 22.
TOWN COUNCIL GOAL(S):
Goal #1: Safe and secure community.
Maintain low crime rate
Increase citizen awareness and involvement in crime prevention
Provide superior Emergency Services
Improve data security
Goal # 3: Strong Partnerships and Community Involvement
Create a positive regional identity
Foster a well informed community
Enhance citizen volunteer opportunities
Expand and promote recreational / active live style opportunities for all ages
Forge collaborative relationships with other governmental and public entities
Goal #4: Picturesque and Environmentally Sound
Maintain neat and tidy appearance
Improve property maintenance standards and code enforcement
Develop / Enhance environmental and sustainability standards and programs
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Town Council 65 of 113 Meeting Date: August 15, 2011
File #: 2011-395-T, Version: 1
Management recommends approval.
Town Council 66 of 113 Meeting Date: August 15, 2011
Embedded Secure Document
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Town Council 67 of 113 Meeting Date: August 15, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-397-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:8/9/2011 Town Council
On agenda:Final action:8/15/2011
Title:Consider and take appropriate action regarding the award/rejection of bids for Harmony Park
Improvements, apparent lowest responsible bidder Dream Construction, LP, in an amount not to
exceed $44,002.97, and authorizing the Mayor or her designee to execute all necessary documents.
Attachments:Recommendation Letter.pdf
Harmony image final.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding the award/rejection of bids for Harmony Park Improvements, apparent
lowest responsible bidder Dream Construction, LP, in an amount not to exceed $44,002.97, and authorizing the Mayor or
her designee to execute all necessary documents.
EXPLANATION:
The renovation and conversion of the T-Ball areas at Harmony Park to practice soccer fields was an item proposed in the
2008 Park Bond Election. The old girls softball area will be demolished, the field area will be graded with the replacement
of existing irrigation and finally it will be re-sodded. This effectively makes soccer the only athletic field sport at this park
and reduces overcrowding of the parking lot. This project’s cost is within the original estimated budget. The estimated
budget was $90,000 plus engineering and design fees.
TOWN COUNCIL GOAL(S):
Goal # 3: Strong Partnerships and Community Involvement
Create a positive regional identity
Foster a well informed community
Enhance citizen volunteer opportunities
Expand and promote recreational / active live style opportunities for all ages
Forge collaborative relationships with other governmental and public entities
Goal #4: Picturesque and Environmentally Sound
Maintain neat and tidy appearance
Improve property maintenance standards and code enforcement
Develop / Enhance environmental and sustainability standards and programs
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Staff recommends the expenditure of the funds and finds the use to be appropriate as it was a listed bond project.
Town Council 68 of 113 Meeting Date: August 15, 2011
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100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-396-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:8/9/2011 Town Council
On agenda:Final action:8/15/2011
Title:Consider and take appropriate action regarding a Resolution amending Resolution No. 2008-22
amending the Municipality of Trophy Club Handbook for Elected and Appointed Officials; and
providing an effective date.
Attachments:RES 2011-19 Elected and Appt Handbook.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding a Resolution amending Resolution No. 2008-22 amending the
Municipality of Trophy Club Handbook for Elected and Appointed Officials; and providing an effective date.
TOWN COUNCIL GOAL(S):
Goal # 3: Strong Partnerships and Community Involvement
Create a positive regional identity
Foster a well informed community
Enhance citizen volunteer opportunities
Expand and promote recreational / active live style opportunities for all ages
Forge collaborative relationships with other governmental and public entities
Town Council 72 of 113 Meeting Date: August 15, 2011
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2011-19
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, AMENDING RESOLUTION NO. 2008-22
AMENDING THE MUNICIPALITY OF TROPHY CLUB HANDBOOK FOR
ELECTED AND APPOINTED OFFICIALS BY AMENDING THE
SECTIONS AND SUBSECTIONS ENTITLED “APPLICANT
REQUIREMENT FOR BOARDS OR COMMISSIONS”,
“APPOINTMENTS PROCESS”, AND “MAXIMUM NUMBER OF
APPOINTMENTS”; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town benefits by having its citizens involved in local government
through service on Town Boards and Commissions and has established several boards
and commissions that perform various functions for the Town; and
WHEREAS, on September 15, 2008, the Town Council approved Resolution No.
2008-22 which amended the “Handbook for Elected and Appointed Officials” regulating
the conduct of persons serving on Town Boards and Commissions; and
WHEREAS, the guidelines established in the “Municipality of Trophy Club
Handbook for Elected and Appointed Officials” (hereinafter “Handbook”) are in addition
to those requirements imposed by the Texas Open Meetings Act and other applicable
state law; and
WHEREAS, since enacting Resolution No. 2008-22, the Town Council has
determined it to be in the best interests of the Town to further amend the Handbook to
allow more residents to become involved and to provide more residents with the
opportunity to serve by adding term limits for board and commission members, by
prohibiting officials who are either elected or appointed to membership on any
governmental body from serving on a Town board or commission, and by reducing the
number of boards and commissions a person may simultaneously serve on from two (2)
to one (1).
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the foregoing recitals are adopted and incorporated herein as
findings.
Section 2. That in order to allow the Town Council the opportunity to be more
inclusive and to encourage more residents to become involved in Town government, it
is in the best interest of the Town of Trophy Club, Texas, to amend the sections and
subsections of the Handbook entitled “Applicant Requirement for Boards or
Commissions”, “Appointments Process”, and “Maximum Number of Appointments” as
more specifically set forth below.
Town Council 73 of 113 Meeting Date: August 15, 2011
Section 3. That the Town of Trophy Club, Texas, authorizes the adoption of this
Resolution amending the “Municipality of Trophy Club Handbook for Elected and
Appointed Officials” as more specifically set forth below; a true and correct copy of the
revised Handbook being attached hereto and incorporated herein as Exhibit “A”.
Section 4. That this Resolution shall become effective upon its passage.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 15th day of August, 2011.
Connie White, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Shannon DePrater, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams , Town Attorney
Town of Trophy Club, Texas
Town Council 74 of 113 Meeting Date: August 15, 2011
MUNICIPALITY OF TROPHY CLUB
Handbook for Elected and Appointed Officials
EFFECTIVE DATE: ---------2011 REVISION DATE/NO: ---------/2011 (Resolution
No. 2011-19 approved on August 15, 2011)
This Handbook is applicable to all paid, non-paid and voluntary positions and seats to include; Volunteers
assisting with Special Event functions, Citizens Advisory Groups, Committees, Commissions and Boards.
I acknowledge receiving and agree to comply with the policies set forth in the Handbook for Elected and
Appointed Officials.
__________________________________________ _________
Elected/Appointed Official Signature Date
Return this page to the Town Secretary attached the Texas Open Government Training Certificates
where applicable.
Town Council 75 of 113 Meeting Date: August 15, 2011
Introduction
In order to achieve its goals, The Town of Trophy Club needs the support of dedicated citizens who
volunteer to serve on boards, commissions and citizen advisory groups. The Town encourages and
appreciates citizens with diversity of ideas and backgrounds to serve as volunteers.
In accordance of 3.08(e) and 4.16 of the Town Charter, the citizens who serve do so without
compensation, they are appointed to serve after indicating their interest through the proper application
process, and the boards and commissions serve at the discretion of the Town Council. Citizen advisory
groups serve at the discretion of the Staff Administrator for that group.
Generally, members of each board, commission or citizen advisory group are charged with researching
pertinent projects and with making recommendations to the Town Council. Members serve in an advisory
capacity. The single exception is the Zoning Board of Adjustment, which has some quasi-judicial duties.
The exact duties and requirements of each board and commission can be found in the section of this
handbook pertaining to that specific group.
The structure of each board and commission consists of members, a Chair/President and a Town Staff
Liaison. An Advisory Group has a Town Staff Administrator.
Boards and Commissions
At present, the Town of Trophy Club has six appointed boards: Economic Development Corporation A,
Economic Development Corporation B, Zoning Board of Adjustment, Tree Board, Park Board and the
Planning and Zoning Commission.
Economic Development Corporations
The Town has two economic development corporations. Each of these groups submits an annual budget
to the Council regarding the distribution of funds collected from sales tax designated by voters to be used
for economic development and park improvement. If economic development corporations want to include
a new project not listed on the approved budget, then the economic development corporation will make
recommendations to the Council for approval.
The economic development corporations cannot take action unless a quorum is present. A quorum is a
majority of the voting members of any group. If a group has six voting members at least four members
must be present in order for action to be taken.
Minutes of all meetings will be taken by the Staff Liaison.
The Zoning Board of Adjustment (ZBA)
The ZBA is a body that approves special exceptions to the Comprehensive Zoning Ordinance (CZO)
consistent with the general purpose and intent of the CZO and in accordance with any state law and
applicable rules contained in the Ordinance.
When acting in this capacity the ZBA is quasi-judicial. Appeal of a ZBA decision is to a district court. The
ZBA has five (5) regular members and four (4) alternate members serving two-year terms. Four of five
voting members (regular or alternate) must be present to conduct business. No agenda item may be
approved unless four positive votes are cast.
Minutes of all meetings will be taken by the Staff Liaison.
Tree Board
Town Council 76 of 113 Meeting Date: August 15, 2011
The Tree Board exists to care for the trees in our beautiful Town. The board is a group of concerned
volunteers charged by ordinance with developing and administering a comprehensive tree management
program. The board focuses on trees in public areas such as parks and medians.
Methodology
• enforcement of tree ordinance
• educational opportunities for citizens
• development of comprehensive tree management program
• Arbor Day to celebrate the importance of trees
Projects
• Arbor day planning and education
• Wildflower planting
• Comprehensive tree care and management program
• Tree Brochure to provide recommended species, planting and care tips
• Tree Town USA - qualification and application to be completed annually
The Tree Board meets six to eight times a year, as needed. Announcements will be posted to the Town
calendar.
Minutes of all meetings will be taken by the Staff Liaison.
Park Board
The Board exists to allow residents to play a more active role and to provide direct citizen input to the
Parks and Recreation Director for the development of parks and recreational facilities with the Town.
Methodology
• advisory capacity to Town Council
• advisory capacity to Parks and Recreation Director
• study and development of recreation areas
• advise and recommend the development of long-range capital improvement programs
• cooperate with other governmental agencies, civic organizations and all citizens of the
Town in the advancement of sound parks and recreation planning and programming
• recommend to Town Council amendments to the Parks and Recreation Ordinance
• annual reports to Town Council
• review and recommend proposed budget for the parks and recreation department
• adopt and recommend additional rules to Council as necessary
Projects
• recommend standards for areas, facilities, programs and financial support
• review the master planning guide and become familiar with such plan
• solicit grants
• develop and recommend written policies and procedures to Town Council
Planning and Zoning Commission
The Town currently has one commission; the Planning and Zoning Commission plans and makes
recommendations to the Town Council for the orderly growth, development and welfare of the Town.
Town Council 77 of 113 Meeting Date: August 15, 2011
A commission may not take action unless a quorum is present. A quorum is a majority of the voting
members of any group. If a group has six voting members, at least four members must be present in
order for action to be taken.
Minutes of all meetings will be taken by the Staff Liaison.
Applicant Requirement for Boards or Commissions
Applicants for boards or commissions must be registered voters and residents for six months. Board and
Commission members must be Trophy Club residents for at least six (6) months as well as registered
voters prior to their appointment. Based upon good cause shown, Council may waive the voter
registration and/or length of residency requirement for a person appointed to a Board, Commission, or
Citizen Advisory Group. Neither elected officials nor persons appointed to fill vacancies on any elected
governmental body may serve on a Town Board or Commission.
The technical expertise of applicants may be a consideration in gaining appointment.
Vacancy Posting, Application, Interview and Appointment Process
The following is the Vacancy Posting, Application, Interview and Appointment process for Economic
Development Corporation A, Economic Development Corporation B, Zoning Board of Adjustment,
Tree Board, Planning and Zoning Commission and the Parks and Recreation Board.
Posting Process
The Town Secretary will ensure that annual appointments for Boards & Commissions are posted in the
month of June:
• Announced in the Town Newsletter, a newspaper published by the Town
• Posted on the marquees on Trophy Club Drive, Trophy Lake Drive and Trophy Wood
Drive
• Posted on cable’s public information Channel
• Posted on the Town’s Web page at: www.ci.trophyclub.tx.us
The Town Secretary will also notify each member, whose term is expiring, requesting that they complete
a Request for Reappointment Form and return by the prescribed time.
Application Process for Annual Appointments
Applications will be accepted each year in July.
Members seeking reappointment must submit their desire in writing to the Town Secretary and Town
residents who are interested in a position may request an application at the Town office. The completed
application shall be submitted to the Town Secretary to be forwarded to the board and/or commission
Staff Liaison.
Interview Process
Interviews will occur each year in August.
Staff Liaisons will be responsible for scheduling interviews for each candidate who submits an application
for their respective board and/or commission. The board and/or commission Chairman will make their
group’s recommendation to Council for appointment. The recommendation from the board is advisory,
and Council shall make the final determination regarding appointment. When possible, the board and/or
commission’s recommendations will exceed the number of open seats to allow the Council to make
appointments to fill vacancies due to resignations within that current year.
Town Council 78 of 113 Meeting Date: August 15, 2011
Mid-Term Vacancy
When a member of a board or commission resigns midterm, the Staff Liaison will obtain a letter of
resignation from the member and will forward to the Town Secretary.
In cases where applications exceeding the number of open seats were received during the Annual
Appointment process, applicants who were not appointed during the annual appointment process will be
considered first.
The Town Secretary will confirm those applicants’ continued interest and then forward the previously
submitted application to the Town Council for review and consideration for appointment.
In cases where applications did not exceed the number of open seats during the Annual Appointment
process the vacancy will be posted.
The Town Secretary will ensure that the vacancy is posted:
• on the marquees on Trophy Club Drive, Trophy Lake Drive and Trophy Wood Drive for a
period of at least 3 days, or as time allows;
• on cable’s public information channel for a period of two weeks; and
• on the Town’s web page at: www.ci.trophyclub.tx.us, for a period of two weeks.
Members appointed to fill vacancies serve out the remainder of a predecessor’s term.
Appointments Process
Council Appointments will occur each year in September for the new terms to begin in October.
No person shall serve on a Board or Commission for successive appointed terms totaling more than six
(6) years. A term of office shall be defined as an appointed period of (2) or more years. A portion of a
term does not count as a term of office for purposes of a limit. Term limits shall apply to the 2011
appointment year. Appointment terms previously served or being served on September 30, 2011 shall
not be counted in the application of term limits.
Term Lengths
Members serve two-year terms on Economic Development Corporation A, Economic Development
Corporation B, Zoning Board of Adjustment, Tree Board and the Planning and Zoning Commission.
Members serve three-year terms on the Park Board.
Terms are staggered, with the Council making annual appointments to replace members whose regular
terms expire in any given year.
Maximum number of Appointments
A person may hold a maximum of two one (1) board or commission seats at any one time.
Open Government Training
Effective January 1, 2006, elected and appointed public officials are required by a new state law to
receive training in Texas open government laws. The Office of the Attorney General offers free video
training courses, which were developed in compliance with a mandate from the 79th Texas Legislature.
The Attorney General established the formal training necessary to ensure that all elected and appointed
government officials have a good command of both open records and open meetings laws.
Town Council 79 of 113 Meeting Date: August 15, 2011
Each elected or appointed official who is a member of a governmental body subject to the Open Meetings
Act or the Public Information Act must attend training. Additionally, employees who serve as a
governmental body's designated public information coordinator are required to complete the Public
Information Act training course.
Officials who are in office before January 1, 2006 have one year until January 1, 2007 to complete the
required training. Officials who are elected or appointed after January 1, 2006 have 90 days within which
to complete the required training.
Staff Liaisons from the individual groups requiring the training will be responsible to ensure that all
members of their group receive the training. Training CDs are available in the Town Secretary’s office or
may be obtained online at:
http://www.oag.state.tx.us/media/videos/play.php?image=2005openrecords&id=150
Certificates of completion must be maintained by the member's governmental body and made available
for public inspection upon request. The member must confirm that they have received the training, by
completing the appropriate certificate of completion, witnessed by the Staff Liaison. Once signed, the
original Certificate is forwarded to the Town Secretary to be kept in permanent records.
More information on Open Government maybe obtained online at the Texas Attorney General’s Office.
(http://www.oag.state.tx.us)
Nepotism
A board or commission Chair/President cannot be a relative of the Mayor or of a Council Member. On
any given Board and/or Commission, only one member can be a relative of a Council Member. A person
is a relative if he/she is related in the first degree by consanguinity (blood) or by affinity (marriage).
Members of the Economic Development Corporation, Zoning Board of Adjustment or Planning and
Zoning Commission cannot be related to a Council member.
Guidelines for Members
All members of boards and/or commissions have specific duties and responsibilities.
All members of boards and/or commissions are expected to participate in formal and informal training
sessions.
Many boards and commissions deal with technical issues that can require a foundation of certain
knowledge that must be updated from time to time. The Town will provide reasonable opportunities for
members to acquire and keep current in these training efforts. Members are expected to participate.
Regular attendance
Effectiveness as a member requires regular attendance. Should a member of a board and/or commission
fail to attend three consecutive regular meetings without being excused by the board and/or commission,
his/her office may be declared forfeited by that board and/or commission. A member who is unable to
attend a meeting shall notify the Staff Liaison of his/her inability to attend the meeting and shall provide
an explanation of the conflict or other reason that prevents his/her attendance. Notice to the Staff Liaison
shall be provided as soon as practicable after the member becomes aware that he/she will be absent.
It is particularly important that all members attend briefing sessions and work sessions prior to formal
meetings so as to promote effective and efficient meetings. If a member finds difficulty in maintaining
regular attendance, it is suggested that the member consider whether he/she has sufficient time to be an
Town Council 80 of 113 Meeting Date: August 15, 2011
effective member. It is the responsibility of a member in this position to initiate a discussion with the
Chair/President or Staff Liaison about attendance.
The Chairman of the board and/or commission is to maintain a charted attendance record for all
members. If attendance becomes an issue, the Staff Liaison will attempt to secure a written resignation.
The Staff Liaison is responsible for submitting periodic reports to the Town Council on behalf of the board
and/or commission noting progress and members attendance.
Avoidance of contacts and individual discussions
It is not uncommon for applicants, opponents, or their representatives to approach individual members to
solicit support or disapproval of a pending issue. These individual contacts should be avoided. It is the
policy of the Town that all members of a board and/or commission deserve equal access to all information
and that any statement relevant to an issue should be made in an open meeting for the benefit of all the
participants.
Requests for sponsorships/donations/agreements with vendors
Members do not have the authority, when asking for donations or making agreements with vendors, to
give the impression that they are acting as an agent for the Town. Furthermore, commission and board
members are not permitted to obligate any Town funds or enter any agreements without prior written
approval of the Town Manager or the Manager’s designee.
Defining and Responding to Conflicts of Interest
Members of boards and/or commissions are subject to provisions of Chapter 171 of the Local
Government Code, pertaining to conflicts of interest. A conflict of interest exists if a person has a
substantial interest in a business entity or an interest in real property affected by an action.
A “substantial interest in a business entity” is defined as 1) ownership of 10 percent or more of the voting
stock or shares of the business entity or owns either 10 percent or more or $15,000 or more of the fair
market value of the business entity, or 2) funds received by the person from the business entity exceed
10 percent of the person’s gross income for the previous year.
A person has a “substantial interest in real property” if the interest is an equitable or legal ownership with
a fair market value of $2,500 or more. A local public official is considered to have a substantial interest if a
person related to the official in the first degree of consanguinity (blood) or affinity (marriage) has a
substantial interest as described above. If a member has a conflict of interest in a matter, that person can
obtain from and file with the Town Secretary an affidavit stating the nature and extent of the interest and
shall abstain from any action or discussion of the matter creating the conflict. In cases where a conflict of
interest is declared, members should physically leave any meeting while any item causing said conflict is
discussed.
Effective Meetings
All members of boards, commissions and committees should familiarize themselves with the elements of
a successful meeting.
These include:
• Having a purpose for the meeting;
• Giving adequate notice;
• Posting public notice when required;
• Preparing for the meeting in advance;
• Preparing an agenda;
• Allowing for appropriate participation from all parties;
Town Council 81 of 113 Meeting Date: August 15, 2011
• Selecting an appropriate meeting place;
• Determining the outcome or results of the meeting;
• Keeping an accurate record of all proceedings; and
• Keeping discussion focused on items listed on the agenda.
Members should avoid common mistakes that can make meetings unproductive, including but not limited
to:
• Lack of control at the meeting, appearing unfair, being unable to bring issues to a vote
and wasting people’s time.
• The Staff Liaison and Chair are responsible for compliance with the Texas Open
Meetings law.
Meetings of all boards, commissions and committees are open to the public.
Prior to initiating a closed or “Executive Session,” the Staff Liaison and Chair shall receive approval from
the Town Manager and Town Attorney.
Prior to any meeting, the Chair and Staff Liaison shall prepare an agenda describing actions to be taken
by the group. The agenda shall be prepared in a format approved by the Town Attorney and shall be
posted on the front glass display area of the Municipal Utility District Building in accordance with state law
at least 72 hours prior to the meeting.
The prescribed order of a meeting should be:
Approval of minutes from prior meeting; public hearings; recognition of visitors; new business; old
business; and recess and adjournment.
Prior to the meeting, the Staff Liaison shall prepare and distribute complete and accurate information
pertaining to any action being requested of the board, commission or committee. Some action items
require public hearings, and advance communication shall be established with the Town staff to ensure
that the hearings are properly advertised as required by law. Any public notice of a board, commission or
committee meeting that is required by law must be prepared and advertised by Town staff.
The Chair or Staff Liaison shall arrange for an appropriate meeting location. Said location should include
proper lighting, voice, temperature control, adequate facilities and seating for the anticipated audience
participation, and facilities for display of information.
The Chair shall allocate sufficient time for both applicants and opponents of an issue to present their
information. Regardless of whether a contemplated issue is listed as a public hearing item or not,
interested parties should be given a reasonable opportunity to present their information and opinions,
unless the group is meeting in a workshop session. The Chair must allocate and manage the time to be
allotted and shall use discretion based upon the agenda and other factors. It is appropriate for the Chair
to ask persons to refrain from repeating information.
The Chair shall endeavor to see that all persons attending or participating in meetings are treated with
respect and dignity. All members must refrain from prejudicial or stereotypical comments. All members
must refrain from questioning that takes the form of “badgering” or “debating” with those providing
testimony.
All members need to be cautious of publicly representing their positions beyond the scope of the business
at hand. The official position of the Town shall be represented only by Town staff as established by the
Town Council.
Conduct in meetings
Town Council 82 of 113 Meeting Date: August 15, 2011
Board and/or commission members should act in a professional manner. If a resident visits a meeting and
presents a complaint to the board and/or commission at a meeting the information should be taken and
referred to Staff to reply to the resident.
Rules of Decorum
Recognition by Chairman: No person shall address the board and/or commission without first being
recognized by the Chairman.
Order: While the Council is in session, the members must preserve order and decorum, and a member
shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Town
Council nor disturb any member while speaking or refuse to obey the orders of the Chairman/Mayor.
Members of the Town Council shall not leave their seats during a meeting without first obtaining the
permission of the Chairman/Mayor.
Chairman May Debate and Vote: The Chairman may move only to such limitations of debate as are the
rights and privileges of a member by reason of his acting as the Chairman. If the Chairman is engaged in
debate and is abusing his position as Chairman, at the insistence of any three members, the Chairman
member must relinquish the Chair in accordance with provisions of Robert’s Rules of Order Newly
Revised.
Getting the Floor, Improper References to be Avoided: Every member wishing to speak shall address the
Chair, and upon recognition by the Chairman shall confine himself/herself to the questions under debate,
avoiding all personalities and inappropriate language.
Interruptions: A member, once recognized, shall not be interrupted when speaking unless it be to call the
member to order, or as herein otherwise provided. If a member, while speaking, is called to order, the
member shall cease speaking until the question of order is determined and, if in order, the member shall
be permitted to proceed.
PARLIAMENTARY MOTIONS AND PRECEDENCE
A Majority Vote
Requires 2nd Debatable Amendable of Those
Present
1. To adjourn Yes No No Yes
2. To take a recess Yes No Yes Yes
3. To commit, refer, or Yes Yes Yes Yes
recommit to committee
4. To amend Yes Yes Yes Yes
5. To amend an amendment Yes Yes No Yes
6. To postpone indefinitely Yes Yes No Yes
7. To table Yes No No Yes
8. Calling the question No No No Yes
9. Objecting to consideration of No No No 2/3
a question
Resignations
When a board and/or commission member resigns, a letter of resignation should be submitted to the
Commission and/or Board Chairman. The Chairman will forward the letter to the Staff Liaison who will
then forward on to the Town Secretary.
Freedom of Expression
Town Council 83 of 113 Meeting Date: August 15, 2011
All citizens should feel free to express their opinions in an appropriate and professional manner. Members
of commissions and boards which are required by law to make judgments and/or render decisions relative
to issues that are presented to them must act fairly and equitably, as well as maintain a perception of
fairness and equality and must refrain from interjecting their own personal bias. Should questions or
concerns relative to fairness and/or personal bias issues arise, the appropriate Chair or Staff Liaison must
implement the necessary steps to settle the issue(s) equitably. If the chair/president or staff liaison cannot
remedy the issue, the Town Manager is consulted for resolution. In the event that the issue(s) cannot be
resolved satisfactorily, the issue(s) must be presented to the Town Council for final settlement.
Responsibilities of the Chair
Each board and/or commission group shall have a Chair/President. A board and/or commission, at the
Council’s discretion, may be asked to make a recommendation for a Chair with the final determination left
to the Council. The Chair should have some experience as a member of the group. The Planning and
Zoning Commission’s chair will be determined entirely by the Council.
The Chair must act as the “leader” and take responsibility for the group’s efficient and meaningful
operation. The Chair must ensure that roles are clearly spelled out, meetings are efficiently conducted
and necessary information is readily available, which helps create a good working environment.
The Chair should manage the meeting to ensure that:
• A few members do not monopolize discussion or questions;
• Appropriate time is taken for presentation and discussion;
• Dialogue and interactions are maintained in a courteous and professional Manner;
• Minutes of each Board and Commission meeting are taken and maintained by the Staff
Liaison;
• Staff is treated with respect by members at all times;
• Discussion is limited to those items on the agenda, provided, however, that the
Chair/President or Staff Liaison may place any item not posted on a future agenda for
discussion;
• All commission and board meetings are to be taped.
The Chair/President must ensure that effective communication exists between board and/or commission,
Council, Staff and the public. This requires frequent interaction with the staff assigned to support the
board and/or commission. The Chair is responsible for ensuring that that the Staff Liaison is efficient in
providing requested technical assistance and information to members. This includes helping to develop
appropriate rules and procedures for the group in order to complete its duties. It also requires preparation
of proper meeting notices and agendas, gathering and relaying pertinent information in a timely fashion to
members and providing support at meetings. If the Staff Liaison is not effectively operating in this manner,
the Chair should first discuss the issue with the appropriate Department Manager. If satisfactory results
are not achieved, the Chair should next contact the Town Manager.
It is the responsibility of the Chair to be mindful of the attendance, actions and activities of individual
members, as well as to discuss with these members any deviations from the rules. The Chair or
designated representative of the committee is responsible for making an oral monthly report to the Town
Council regarding the activities of his/her group.
The Chair is responsible for communicating to the Staff Liaison any requests to be placed on the Town
Council agenda for consideration. The Staff Liaison will submit an agenda request for the Town Council
after being directed to do so by the Chair.
The Chair, Council Liaison and Staff Liaison will define the scope, objectives and criteria for completion of
any project to be undertaken by the group. This should be done prior to the initiation of the project.
Town Council 84 of 113 Meeting Date: August 15, 2011
The Chair oversees any required financing of special events planned by the group. Any group that
schedules special events requiring funding must prepare a budget, submit it to the Director of Finance
and complete a recap summary of the actual expenditures. It is the responsibility of the Chair to ensure
that this is done. A budget estimate must be included as part of the Town annual budget. The recap must
be submitted no more than 30 days after the event. When donations for special events are requested
from sponsors, it must be made clear to the sponsor that the donation is being requested on the
committees/events behalf.
The Chair must regulate any communication between members of the Board and/or Commission and
vendors to ensure members of the group in no way obligate the Town to the expenditure of funds.
Responsibilities of the Staff Liaison
A member of the Town staff will be assigned to each commission, board or committee. The staff member
does not assume the responsibility or task of the group. Rather, the staff member provides information
that group members need to perform their obligations. The staff member also serves as a communication
link between members of the group and the Town staff.
The Staff Liaison helps promote coordination and understanding by collecting the ideas and goals of
members.
The Staff Liaison may also:
• Assist the Chair in the formulation of the agenda and ensure that presentations to the
members are timely and adequate;
• Prepare agenda requests for Council meetings;
• Assist members in planning and preparing presentations;
• Assist members in understanding community issues and how those issues may vary from
neighborhood to neighborhood;
• Provide clerical support as needed;
• Develop agenda, take minutes and maintain minutes for public record; and
• Must ensure that all meeting needs, including location, are properly reserved and
provided.
CITIZEN ADVISORY GROUPS
Each Citizen Advisory Group has a specific purpose as explained by the group’s mission statement, and
members work on a variety of projects and make recommendations to the Town Council regarding their
group’s specific area through their Staff Administrator.
Members of most Citizen Advisory Groups serve one-year terms. The only exceptions are members of
the Utility Franchise Committee and the Ways and Means Committee, who serve two-year terms.
Consistent with Resolution 2003-43, which passed on November 17, 2003:
• Citizens Advisory Group System will be utilized for those groups identified in the
organizational chart attached hereto and incorporated herein as Exhibit “A”, and all other
commissions and boards shall continue to exist and function under the current Board and
Commission System; and
• Citizens Advisory Group System shall be structured in accordance with Exhibit “A”, and
shall be implemented and conducted in accordance with an implementation plan
developed by Staff and approved by Town Council;
Advisory Group Implementation
• Current committee members move to the newly established Advisory Groups
Town Council 85 of 113 Meeting Date: August 15, 2011
• Attrition will be used to reduce the committees to the recommended 5 members
• Staff Administrators with guidance of their Citizen Advisory Groups will determine their
regular meeting schedule with at least two publicly scheduled meetings a year. Other
meetings may be held by phone, e-mail, or in person as needed
• Application process will remain the same with inquiries on vacancies going directly to the
Town Secretary for distribution to the appropriate Staff Administrator for the interview and
selection process.
• Additional criteria will be added to the performance reviews of Staff Administrators to
ensure the effective utilization of the Citizen Advisory Groups.
• Staff Administrators in conjunction with the Citizen Advisory Group will give biannual
reports to the Council on the status of operations and programs of the Citizen Advisory
Groups.
After the first year, all the Citizen Advisory Group participants will be asked to complete a survey that
evaluates the system including areas such as effectiveness of communication, accomplishments of the
groups and weaknesses of the system. This information will be used to determine what if any changes
need to be made to make the system more effective.
Member Responsibilities
• Review, discuss, analyze and recommend Items to the Staff Administrator for Town
Council consideration
• Request Item(s) to be added to the group meeting agenda
• May be requested to participate in special assignments and projects
• May be requested to assist other Citizens Advisory Groups
• Participates in presentations at workshops, Town Council and Town Hall meetings
• Member may be appointed Acting Chairperson in the absence of the Staff Administrator
Staff Administrator Responsibilities
• Establishes a Citizens Advisory Group not to exceed five (5) core
members
• Interviews, selects and replaces individuals for the Citizens Advisory Group
• Responsible for planning, scheduling and conducting meetings on a consistent basis
• Prepares Citizens Advisory Group meeting agenda
• Staff Administrators will be responsible for publicizing Citizen Advisory Group vacancies
via the website, listserve, marquees and newsletter
• Provides appropriate orientation for Advisory Group members
• Presents items to the Town Council for action
• Town Council reviews, discusses and votes to approve or disapprove recommended
items
• Communicates Citizens Advisory Group activities to the community
• Schedules, conducts and participates in semi-annual Town Hall meetings
Town Council 86 of 113 Meeting Date: August 15, 2011
Town of Trophy Club Code of Ethics and Conduct
For Town Elected and Appointed Officials
Statement of Purpose
The Citizens and the businesses of the Town of Trophy Club are entitled to have fair, ethical and
accountable local government which earns the public’s full confidence for integrity. The strong desire of
the Town to fulfill this expectation therefore requires that the Town officials, both elected and appointed:
• Comply with both the letter and sprit of the laws and policies affecting
the operations of government;
• Be independent, impartial and fair in their judgment and actions; and
• Use their respective office or position for the public good, not for the
personal gain.
To this end, the Town Council has adopted this Code of Ethics and Conduct for Town officials in order to
assure public confidence in the integrity of local government and its effective and fair operation.
Definitions
The following words, terms and phrases, when used in this section, shall have the following meanings
subscribed to them:
Business. A corporation, partnership, sole proprietorship, firm, holding company, joint stock company,
receivership, trust or any other for profit or non-profit entity.
Town Council. The legislative and governing body of the Town consisting of the Mayor and Council
members.
Town Official. Any member of the Town Council and any appointed member of a Town board,
commission, committee or citizens advisory group set up by ordinance, resolution, charter, state law or
otherwise, on a temporary or permanent basis.
Employee. Any person employed by the Town, including those individuals on a part-time basis, including
independent contractors hired by the Town for repetitive performance of services, but not independent
contractors engaged for occasional services.
Nepotism
Nepotism is showing favoritism toward a relative. The practice of hiring personnel or awarding contracts
which favor a relative is prohibited by the Town.
Exclusions to this prohibition are:
a. Employees who have been continuously employed by the Town for more
than two years prior to the election or appointment of the official.
b. Individuals who are employees of the Town as of the effective date of this
policy.
1. Act in the Public Interest
Recognizing that stewardship of the public interest must be their primary concern, Town officials shall
work for the common good of the people of the Town of Trophy Club and not for any private or personal
interest, and they shall assure fair and equal treatment of all persons, claims and transactions coming
before the Town Council, boards, commissions, committees and advisory groups.
Town Council 87 of 113 Meeting Date: August 15, 2011
2. Comply with the Law
Town officials shall comply with the laws of the nation, the State of Texas, and the Town of Trophy Club
in the performance of their public duties. These laws include, but are not limited to: the United States and
Texas Constitutions; laws pertaining to conflicts of interest, election campaigns, financial disclosures,
employer responsibilities, and open processes of government; and Town ordinances, resolutions and
policies.
3. Conduct of Town Officials
As a member of the Town of Trophy Club Town Council or of a Town of Trophy Club town board,
commission or committee, I agree to uphold the Code of Ethics and Conduct myself by the
following model of behavior.
I will:
• Recognize the worth of individual Town officials and appreciate their individual
talents, perspectives and contributions;
• Help create an atmosphere of respect and civility where individual Town officials,
Town staff and the public are free to express their ideas and work to their full
potential;
• Conduct my personal and public affairs with honesty, integrity, fairness and
respect for others;
• Respect the dignity and privacy of individuals and organizations;
• Keep the common good as my highest purpose and focus on achieving
constructive solutions for public benefit;
• Avoid and discourage conduct which is divisive or harmful to the best interests of
the Town of Trophy Club;
• Treat all people with whom I come in contact in a manner I wish to be treated;
• Before I speak or act I will ask myself the following questions:
1. Is it the truth?
2. Is it fair to all concerned?
3. Will it build goodwill and better relationships?
4. Will it be beneficial to all concerned?
4. Respect for Process
Town officials shall perform their duties in accordance with the processes and rules of order established
by the Town Council and boards, commissions, committees and citizen advisory groups governing the
public deliberation of public policy issues, meaningful involvement of the public, and implementation of
policy decisions of the Town Council by Town staff.
5. Conduct of Public Meetings
Town officials have an obligation to attend meetings and to be prepared for public issues; to listen
courteously and attentively to all public discussions before the body; and to focus on the business at
hand. They shall refrain from interrupting other speakers, making personal comments not germane to the
business of the body, or otherwise interfering with the orderly conduct of meetings.
6. Decisions Base on Merit
It is expected and required that Town officials review material, participate in discussion and base their
decision on the merits and substance of the matter at hand.
7. Communication
Town Council 88 of 113 Meeting Date: August 15, 2011
Prior to permitting final action on a matter under consideration, Town officials shall publicly share
substantive information, which they may have received from sources outside the public decision-making
process, that is relevant to such action by the Council, boards, commissions, committees or citizens
advisory groups.
8. Conflicts of Interest and Disclosure
Town officials shall familiarize themselves with and abide by the following conflicts of interest and
disclosure statutes and principles:
a. Chapter 171 of the Local Government Code which requires a member of the governing
body or another office, whether elected, appointed, paid or unpaid, of any municipality to
file an affidavit disclosing a substantial interest in a business entity or property that would
be beneficially affected by a decision of the governing body or of any other board or
commission upon which the member serves and thereafter to abstain from participation in
discussion and voting on the matter. Once the disclosure is made the Town official is to
remove himself from the meeting area to ensure his presence does not hinder the
discussion of the item or influence the vote.
b. Section 176 of the Local Government Code which requires Town Council members and
the Town Manager to file a conflicts disclosure statement disclosing any business
relationship with a person or business doing business with the Town or being considered
by the Town for a business relationship.
c. Section 176.003(a)(2)(B) of the Local Government Code which requires the disclosure of
gifts of an aggregate value of more than $250.00 in the twelve (12) month period
preceding the date that a local government officer becomes aware of a transaction
described in Section 176, other than gifts of food, lodging, transportation, or
entertainment accepted as a guest.
d. Sections 553.001-553.003 of the Government Code which requires the filing of an
affidavit before the date the Town will acquire a property in which public servants have a
legal or equitable interest.
e. In order to assure their independence and impartiality on behalf of the public good, Town
officials are prohibited from using their positions to influence government decisions in
which they have a personal interest.
9. Corruption
Town officials shall familiarize themselves with and abide by the Texas Penal Code mandates concerning
corruption, including without limitation, Section 36.02 prohibiting receipt of prohibited gifts, Section 39.02
concerning abuse of official capacity and Section 39.06(a) concerning misuse of official information and
all other applicable state laws regulating or related to public service.
10. Political Advocacy
Town officials shall not utilize the Town’s name or logo for purposes of endorsing any political candidate
or business.
11. Confidential Information
Town officials shall respect the confidentiality of information concerning Town property, personnel or
proceedings of the Town. They shall neither disclose confidential information without proper legal
authorization, nor use such information to advance their personal interests.
Town Council 89 of 113 Meeting Date: August 15, 2011
12. Use of Public Resources
Town officials shall not use public resources generally unavailable to the public, such as Town staff time,
equipment, supplies or facilities, for private gain or personal purposes.
13. Representation of Private Interests
In keeping with their role as stewards of the public interest, Town officials shall not appear on behalf of
private interests of third parties before the Council or any board, commission, committee, or proceeding of
the Town.
14. Advocacy
Town officials shall represent the official policies or positions of the Town Council, board, commission,
committee or advisory group to the best of their ability when designated as delegates for this purpose.
When presenting their individual opinions and positions, Town officials shall explicitly state that they do
not represent their body or the Town of Trophy Club, nor will they allow the inference that they do.
15. Policy Role of Town Officials
Town officials shall respect and adhere to the Town of Trophy Club governmental structure as outlined in
the Town’s charter, policies and procedures. In this structure, the Town Council determines the policies of
the Town with the advice, information and analysis provided by the public, boards, commissions,
committees, advisory groups and Town staff. Except as provided by Town ordinance, Town officials
therefore shall not interfere with the administrative functions of the Town or the professional duties of the
Town staff; nor shall they impair the ability of Staff to implement Council policy decisions.
16. Independence of Boards, Commissions, and Committees
Because of the value of the independent advice of boards, commissions, committees and advisory
groups to the public decision-making process, Town officials shall refrain from using their position to
influence unduly the deliberations or outcomes of board, commission, committee, and advisory group
proceedings.
17. Positive Work place Environment
Town officials shall support the maintenance of a positive and constructive work place environment for
Town employees and for citizens and businesses dealing with the Town. Town officials shall recognize
their special role in dealing with Town employees and refrain from creating the perception of inappropriate
direction to Staff.
18. Implementation
As an expression of the standards of conduct for the Town officials expected by the Town, the Trophy
Club Code of Ethics and Conduct is intended to be self-enforcing. It therefore becomes most effective
when Town officials are thoroughly familiar with it and embrace its provisions. Ethical standards shall be
included in the regular orientations for candidates for Town Council, applicants to boards, commissions,
committees, and advisory groups, and newly elected and appointed Town officials. Town officials entering
office, including those appointed to boards, commissions, committees and advisory groups shall sign a
statement affirming they have read and understood the Town of Trophy Club Code of Ethics and Conduct
and agree to be bound by its terms. In addition, the Code of Ethics and Conduct shall be reviewed
periodically by the Town Council, boards, commissions, committees, and advisory groups, and the Town
Council shall consider recommendations from boards, commissions, committees, advisory groups,
employees, and citizens for revision as it becomes necessary.
Town Council 90 of 113 Meeting Date: August 15, 2011
STATEMENT OF COMMITMENT
As a member of the Town of Trophy Club Town Council or of a Town of Trophy Club town board,
commission or committee, I agree to uphold the Code of Ethics.
I affirm that I have read and that I understand, accept and support the Town of Trophy Club Code of
Ethics and Conduct.
_____________________________________________
Elected or Appointed Official Printed Name
_____________________________________________
Position
_________________________________ _______________
Signature Date
Town Council 91 of 113 Meeting Date: August 15, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-394-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:8/9/2011 Town Council
On agenda:Final action:8/15/2011
Title:Consider and take appropriate action regarding a Resolution to approve the placement of a proposal
on the September 26, 2011 Town Council Public Meeting Agenda to adopt a 2011-12 Tax Rate that
will exceed the lower of the rollback rate or the effective tax rate; calling Public Hearings on
September 12, 2011 and September 19, 201; requiring the publication of notice of public hearing; and
providing an effective date.
Attachments:RES 2011-20 Approve placement proposal to adopt 2011-12 tax rate.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding a Resolution to approve the placement of a proposal on the September
26, 2011 Town Council Public Meeting Agenda to adopt a 2011-12 Tax Rate that will exceed the lower of the rollback rate
or the effective tax rate; calling Public Hearings on September 12, 2011 and September 19, 201; requiring the publication
of notice of public hearing; and providing an effective date.
EXPLANATION:
Municipalities are required to publish their rollback tax rates in the newspaper, along with the effective tax rate and other
required schedules. The rollback tax rate divides the overall property taxes into two categories-maintenance and
operations (M&O) taxes and debt service taxes. By law, the rollback rate for taxing units is set at an eight percent (8%)
increase in operating taxes. The effective tax rate is generally the property taxes divided by the current year’s taxable
value of properties that were on the tax roll in both years. This rate excludes taxes on properties no longer in the taxing
unit and also excludes the current taxable value of new properties (growth ). The Town of Trophy Club’s effective rate for
this year is $0.528400/$100 valuation, and the rollback rate is $0.567900/$100 valuation.
The Property Tax Code specifies that “when a proposed rate exceeds the rollback rate or the effective rate, whichever is
lower, the taxing unit’s governing body, other than for a small taxing unit, a water district or a school district, must vote to
place a proposal to adopt the tax rate on the agenda of a future meeting as an action item”. The Proposed FY12 Budget
is funded with a currently proposed tax rate of $0.5400 / $100. The overall proposed tax rate represents a $0.0250
increase from the current year. Although this proposed rate is below the rollback rate, it is above the effective tax rate and
requires two separate public hearings.
The action is to set the maximum tax rate amount Council would consider adopting and to set the required Public
Hearings scheduled for September 12 and 19. Council will officially adopt a tax rate at the September 26 meeting. The
Minutes will require a roll call vote.
TOWN COUNCIL GOAL(S):
Goal #5: Financial and Operational Stewardship
Hire, develop, and retain quality staff
Implement strong financial management standards
Improve effectiveness and efficiency of operational processes
Maintain / Improve infrastructure and assets
Provide cost-effective services
Deliver responsible customer service
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Management recommends Town Council adopt a not to exceed tax rate and set Public Hearings for September 12 and
19.
Town Council 92 of 113 Meeting Date: August 15, 2011
File #: 2011-394-T, Version: 1
Town Council 93 of 113 Meeting Date: August 15, 2011
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2011-20
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS APPROVING THE PLACEMENT OF A
PROPOSAL ON THE SEPTEMBER 26, 2011, TOWN COUNCIL PUBLIC
MEETING AGENDA TO ADOPT A 2011-12 TAX RATE THAT WILL
EXCEED THE LOWER OF THE ROLLBACK RATE OR THE
EFFECTIVE TAX RATE; CALLING PUBLIC HEARINGS ON A TAX
INCREASE TO BE HELD ON SEPTEMBER 12, 2011 AND SEPTEMBER
19, 2011; REQUIRING PUBLICATION OF A NOTICE OF PUBLIC
HEARING ON TAX INCREASE IN ACCORDANCE WITH THE LAW;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council desires to consider adoption of a tax rate of
$0.5400 per $100 valuation, which will exceed the lower of the rollback rate or the
effective tax rate, in accordance with the requirements of the Texas Tax Code Chapter
26 and to schedule public hearings on the proposed tax increase as required by law;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. The Town Council desires to consider adoption of a tax rate for the
2011-12 tax year of $0.5400 per $100 valuation that will exceed the lower of the rollback
rate or the effective tax rate.
Section 2. The Town Council hereby approves the placement of an item on
the September 26, 2011 Town Council public meeting agenda, such meeting being a
regular Council meeting, to vote on a proposed tax rate of $0.5400 per $100 valuation
that will exceed the lower of the rollback rate or the effective tax rate.
Section 3. The Town Council hereby calls public hearings on the proposed
tax increase to be held in the Svore Municipal Building located at 100 Municipal Drive,
Trophy Club, Texas 76262 on September 12, 2011 and September 19, 2011 at 7:00
p.m., such dates being weekdays which are not public holidays. The first public hearing
will not be held until at least seven days after notice of both public hearings have been
published in the Star-Telegram or one of its subsidiary, a newspaper having general
circulation within the Town, in the form of the attached Notice of Public Hearing on Tax
Increase, which is incorporated into this Resolution for all purposes meeting the size
requirements specified Texas Tax Code §26.06. The Town Manager is hereby directed
to publish such notice in accordance with this Resolution and in accordance with Texas
Tax Code §26.06. At both public hearings, the Town Council will afford adequate
opportunity for both proponents and opponents of the tax increase to present their
views.
Section 4. This Resolution shall become effective immediately upon its
Town Council 94 of 113 Meeting Date: August 15, 2011
passage and approval at a regular meeting of the Town Council of the Town of Trophy
Club, Texas on this the 15th day of August, 2011, at which meeting a quorum was
present and the meeting was held in accordance with the provisions of Texas
Government Code §551.001, et seq. The Town Secretary is hereby directed to record
this Resolution and the vote on the proposal to place the item for a tax increase on the
September 26, 2011 Town Council agenda.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 15th day of August, 2011.
Connie White, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Shannon DePrater, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams , Town Attorney
Town of Trophy Club, Texas
Town Council 95 of 113 Meeting Date: August 15, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-403-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:8/10/2011 Town Council
On agenda:Final action:8/15/2011
Title:Consider and take appropriate action to retain Gateway Planning Group to provide professional
planning services in an amount not to exceed $15,500 and authorizing the Town Manager or his
designee to execute necessary documents.
Attachments:
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action to retain Gateway Planning Group to provide professional planning services in an
amount not to exceed $15,500 and authorizing the Town Manager or his designee to execute necessary documents.
EXPLANATION:
Scott Polikov from Gateway Planning Group provided an informational presentation at the July 19, 2011 joint
meeting of the Planning and Zoning Commission and Town Council.
Funds are available from:
Finance -Schools & Training = 1,000
Finance -Travel & Per Diem = 1,000
Finance -Advertising = 3,000
Legal - Outside Professional Services - 5,100
Parks: Independence Labor = 5,400
TOWN COUNCIL GOAL(S):
Goal #2: Business-Friendly Economic Development
Create effective working relationships with businesses and developers
Retain / Develop existing businesses
Promote new commercial opportunities
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
As Management continues to work on progressive zoning concepts and the potential development of the front twenty-six
acres, Management would like to retain the services of Mr. Polikov and Gateway Planning to assist with that process.
Town Council 96 of 113 Meeting Date: August 15, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-399-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:8/9/2011 Town Council
On agenda:Final action:8/15/2011
Title:Town Council Liaison Updates; discussion of same:
- August 9, 2011 Parks & Recreation Meeting - Mayor Pro Tem Hoover
Attachments:
Action ByDate Action ResultVer.
TITLE
Town Council Liaison Updates; discussion of same:
- August 9, 2011 Parks & Recreation Meeting - Mayor Pro Tem Hoover
Town Council 97 of 113 Meeting Date: August 15, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-400-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:8/9/2011 Town Council
On agenda:Final action:8/15/2011
Title:Town Manager Slye's update regarding the following; discussion of the same.
- Update on School Crossing Guards
- Update on Health Insurance Provider
Attachments:
Action ByDate Action ResultVer.
TITLE
Town Manager Slye's update regarding the following; discussion of the same.
- Update on School Crossing Guards
- Update on Health Insurance Provider
Town Council 98 of 113 Meeting Date: August 15, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-401-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:8/9/2011 Town Council
On agenda:Final action:8/15/2011
Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional
meetings; discussion of same.
- August 5, 2011 Mayor's Roundtable
- August 9, 2011 Northeast Leadership Forum
- August 10, 2011 Northwest Communities Partnership Meeting
Attachments:
Action ByDate Action ResultVer.
TITLE
Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of
same.
- August 5, 2011 Mayor's Roundtable
- August 9, 2011 Northeast Leadership Forum
- August 10, 2011 Northwest Communities Partnership Meeting
Town Council 99 of 113 Meeting Date: August 15, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-402-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:8/9/2011 Town Council
On agenda:Final action:8/15/2011
Title:Items for Future Agendas.
Attachments:Future Agenda Items List.pdf
Action ByDate Action ResultVer.
TITLE
Items for Future Agendas.
Town Council 100 of 113 Meeting Date: August 15, 2011
Town of Trophy Club Town Council Future Agenda Items List
1. Consider and take appropriate action regarding procurement policies and their
alignment with State statutes. (Rose, 2/1/10)
2. Consider and take appropriate action regarding placing policies and procedures on
the Town web site. (Rose, 2/1/10)
3. Consider and take appropriate action regarding noise regulations for Oil and Gas
Well Drilling and Production (Rose, 4/26/10)
4. Staff update regarding Marshall Branch Creek area located North of HWY114;
discussion and action of the same. (Stotts, 6/21/10)
5. Staff proposal regarding the amenity lakes, including associated costs to accept
the amenity lakes from the developer. (Stotts, 10/4/10)
6. Explore the feasibility of combining the EDCs and improved ways of expending
EDC funds. (Strother, 2/24/2011)
7. Consider and take appropriate action regarding the creation of a “Going Green”
initiative throughout the Town. (White, 2/24/2011)
8. Consider and take appropriate action regarding Goals for the Town Manager.
(Stotts, 4/18/2011)
9. Consider and take appropriate action regarding updates to the Sign Ordinance
(retail windows and political signs) (White and Cantrell, 5/2/2011)
10. Consider and take appropriate action regarding ball park signage. (Cantrell,
6/6/2011)
11. Consider and take appropriate action regarding a Golf Cart Community. (Tiffany,
6/6/2011)
12. Consider and take appropriate action regarding allowing one board appointment at
a time, no elected officials and possible term expirations (Cantrell, 7/18/2011)
13. Consider and take appropriate action regarding updating/revising Board,
Commission and Committee Handbook (Rose, 7/18/2011)
14. Consider and take appropriate action regarding the Park Bond projects and fund
allocation to include a comprehensive cost/status review of all projects included in
the original park bond presentations. (Rose, 8/1/2011) Scheduled 9/12/2011
15. Consider and take appropriate action regarding splash pad options at Harmony
Park, including input/direction from Council to Staff to start construction and have
available next summer. (Strother, 8/1/2011)
Town Council 101 of 113 Meeting Date: August 15, 2011
Supplemental
Information
Town Council 102 of 113 Meeting Date: August 15, 2011
1
August 5, 2011
Number 25
CITY OF DALLAS V. STEWART: DIVIDED SUPREME
COURT HOLDS THAT NUISANCE DECISIONS SHOULD
BE MADE BY COURTS RATHER THAN CITY BOARDS
In City of Dallas v. Stewart, No. 09-0257 (Tex. July 1, 2011), the Supreme Court of Texas
(Court) held in a 5-4 decision that an appointed city board’s determination that a building is a
public nuisance should not be given deference by a court, but should be reviewed de novo
(“from the beginning”). The opinion may mean that appointed city officials may no longer
make substandard building and other nuisance determinations.
In the case, a person abandoned a house. The house fell into disrepair, had been inhabited by
vagrants, and suffered from numerous code violations. The city building standards board
determined that the house was an urban nuisance and ordered its demolition. Before the
demolition, the owner appealed the board’s decision to the trial court. (The appeal did not
stay the demolition, and the house was demolished.)
After the demolition, the owner added due process and taking claims to her suit. The trial
court judge affirmed the board’s decision to demolish. However, a jury decided that the
home was not a public nuisance, that the demolition worked a “taking” by the city of the
property, and awarded the owner damages. The city appealed the issue of whether the
board’s decision that the house was a public nuisance precluded a finding of a taking.
Local Government Code Chapter 214 defines a building as a nuisance if it is “dilapidated,
substandard, or unfit for human habitation.” Local Government Code Chapter 54 authorizes
a city to create a board to determine violations of public safety ordinances like those in
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Chapter 214. Pursuant to Chapter 214, a property owner is entitled to notice and a hearing
before the board on the issue of demolition, and is given a limited appeal of a decision to a
trial court. That statutory appeal is based on deference to the board’s decision under what is
known as the “substantial evidence” standard of review. However, the Court concluded that
the statutory appeal does not comply with the Texas Constitution’s “takings” clause.
That clause provides that the government may not take a person’s property without just
compensation. All takings claims are limited by the rule that the abatement of a public
nuisance is not a taking. The twist in this case is that the Court added the requirement that
the nuisance determination be made by a court rather than an appointed administrative body.
In other words, a city board’s decision that a piece of property is a “nuisance” should not be
given deference, but should be reviewed de novo by a court similar to eminent domain cases:
Because we believe that unelected municipal agencies cannot be effective
bulwarks against constitutional violations, we hold that the URSB’s nuisance
determination, and the trial court's affirmance of that determination under a
substantial evidence standard, were not entitled to preclusive effect in
Stewart's takings case, and the trial court correctly considered the issue de
novo.
Multiple cities and the attorney general filed briefs in support of the City of Dallas, to no
avail. The City of Dallas is seeking a rehearing of the case, and the League will provide
amicus support in that effort. In addition, numerous cities and the International Municipal
Lawyers Association will be filing briefs.
Until the rehearing is decided, many cities have brought their substandard structure and other
nuisance ordinance enforcement to a halt. And many city attorneys have asked the Texas
Municipal League for guidance. Perhaps the safest course of action, which is also
impractical, would be to have an elected judge (or at the very least an appointed municipal
court judge in a court of record) bless every nuisance action that could be considered a
taking. In any case, the League will monitor and participate in the rehearing process. If that
process results in a favorable opinion, the issue may once again be settled. If not, the issue
will certainly go through the League’s legislative policy development process, and may even
require a constitutional amendment to fix.
If your city has halted nuisance abatement activities based on the opinion, please send an e-
mail to JJ Rocha at jj@tml.org. The e-mail should include your name, title, contact
information, and a brief but specific description of how the opinion will affect your city. The
information may be used in the League’s amicus brief on the motion for rehearing.
Town Council 104 of 113 Meeting Date: August 15, 2011
3
DEPARTMENT OF STATE HEALTH SERVICES SEEKS
NOMINEES FOR PUBLIC HEALTH FUNDING AND
POLICY COMMITTEE
Senate Bill 969, passed during the 2011 regular legislative session, directed the Department
of State Health Services (DSHS) to create a Public Health Funding and Policy Committee to
discuss and make recommendations on various issues relating to local health entities (local
health units, local health departments, or public health districts). The recommendations will
relate to funding and communications between the entities and DSHS, as well as more
general public health policy issues.
The committee will include five representatives of local health entities, including:
(1) one local health entity representative of a city or county with a population of
50,000 or less;
(2) one local health entity representative from a city or county with a population
greater than 50,000 but less than 250,000;
(3) one local health entity representative from a city or county with a population of at
least 250,000; and
(4) two local health entity representatives, each of whom serves in a city or county as
the health authority (defined as “a physician appointed under the provisions of
Chapter 121 of the Texas Health & Safety Code by the governing body of a city,
the commissioners court of a county, or a public health district board”).
DSHS has asked TML to submit nominations for these five positions. Appointees to the
committee will serve staggered terms of six years. If you are interested or would like to
nominate someone, please send the individual’s name, organizational affiliation, mailing
address, e-mail address, telephone number, and a brief résumé to Lauren Crawford at
lauren@tml.org.
Nominations must be received no later than 5:00 p.m. on August 10, 2011. Any
nominations received after the deadline will not be considered. If you have any questions,
please contact Lauren Crawford at 512-231-7400 or lauren@tml.org.
SECRETARY OF STATE PROPOSES RULE TO
IMPLEMENT S.B. 100
Senate Bill 100, passed during the 2011 regular legislative session, is the legislation that may
require some cities to modify their general election date and/or schedule. On July 29, the
Secretary of State proposed rules to facilitate the implementation of the bill. Although the
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4
legislative intent of S.B. 100 is to allow cities to change their uniform election date to either
November or May of odd-numbered years if the county is unable to furnish election
equipment for the May election in even-numbered years, the changes made to the statute
clearly authorized only a switch to the November date. The proposed rule clarifies that a city
is authorized to change its uniform election date from the second Saturday in May of an
even-numbered year to either the November uniform election date or the second Saturday in
May of an odd-numbered year.
The proposed rules can be found in the July 29, 2011, Texas Register at
http://www.sos.state.tx.us/texreg/archive/July292011/PROPOSED/1.ADMINISTRATION.html#
3. Interested cities may submit comments on the proposed rules either in written form to the
secretary of state’s office, or via e-mail to elections@sos.state.tx.us. Comments are due on
August 28, 2011.
(Note: Cities that currently hold elections in May of even-numbered years need not make
any major changes to their election practices if the county agrees to continue to furnish
election services for all May uniform election dates. In recent weeks, several counties have
evaluated their capabilities and determined that they can continue to work with cities to hold
May elections as usual. Cities that have not already done so should contact their county
election officials to inquire about the county’s ability to work with cities to conduct May
elections in the future.)
TIME WARNER MAY EXERCISE OPTION TO CANCEL
LOCAL CABLE FRANCHISES
Senate Bill 1087, passed during the 2011 regular legislative session, provides that –
beginning September 1, 2011 – a cable service provider in a city with a population of less
than 215,000 may elect to terminate not less than all unexpired local cable franchises in the
state and seek a state-issued certificate of franchise authority. The cable provider may do so
by providing written notice to the Texas Public Utility Commission (PUC) and each of those
cities before January 1, 2012.
Time Warner Cable has apparently started that process by sending an informal letter to many
cities in the Dallas/Fort Worth area. The informal letter has been sent prior to the September
1 date in the bill, so affected cities should receive a more formal letter after September 1.
Time Warner’s informal letter states that it will apply to the PUC on November 23 to obtain
a state-issued franchise on December 19.
What is the background behind S.B. 1087 and Time Warner’s actions? For many years,
cable companies were the sole provider of wire-based video programming to city residents.
Until 2005, when Chapter 66 of the Texas Utilities Code was enacted, a cable company that
Town Council 106 of 113 Meeting Date: August 15, 2011
5
wanted to serve customers within a Texas city did so by obtaining a franchise agreement
from that city. Because of ever-growing technological capabilities, telecommunications
companies now also have the ability to provide video programming. These companies
wanted the local franchise system reformed so that they would not have to obtain hundreds
of franchises, which they felt would be an impediment to installing the infrastructure
necessary to implement their new technology.
Cities weren’t opposed to the idea, so long as the new law: (1) provided for stable and
predictable compensation for use of the public rights-of-way; (2) ensured that they retained
police power authority over their rights-of-way; and (3) made possible the provision of
public, educational, and governmental (PEG) programming to their citizens.
Chapter 66 does just that. However, the cable industry was opposed to another provision in
the law that allowed existing cable franchises to be “grandfathered” until they expire. In
2005, it brought a lawsuit claiming that the grandfathering provision is preempted by federal
law and sought to invalidate the entire bill. In 2006, the court dismissed the case on
procedural grounds. In 2007, the industry appealed the dismissal to the Fifth Circuit Court of
Appeals. In 2008, the Fifth Circuit issued its opinion and concluded that the industry’s claims
deserve consideration by the trial court. The case has since languished in the trial court.
Senate Bill 1087 appears to be the cable industry’s “plan B” for getting out of grandfathered
local franchises. But the bill will likely benefit many Texas cities. That is because the terms
of the state-issued franchise will often be more favorable in terms of revenue to the city.
Once Time Warner cancels all its existing franchises in cities with less than 215,000
population, each city will be entitled to a quarterly franchise payment of five percent of the
company’s gross receipts as defined by the bill.
Under the state franchise, Time Warner is also required to pay an additional one-percent fee
to support PEG channels. Time Warner’s informal letter speaks of a city’s ability to “elect”
to receive the one-percent fee. That characterization is somewhat misleading. Some cities
may be receiving a “per-subscriber” fee under their local franchise to support PEG channels.
The law does allow those cities to elect to continue to receive that fee, or elect to receive the
one-percent fee (usually the better choice). However, if your city was not receiving any PEG
fee, Time Warner is required to begin payment of the one-percent fee when it begins
operating under the state franchise. (Note that the one-percent fee may be used only to
support capital costs [e.g., equipment] related to PEG channels. The revenue from the fee
must be deposited in a separate account and may be used only for statutorily authorized
purposes.)
Finally, cities (and perhaps school districts within the city) that receive existing cable service
and/or institutional network (I-Net) capacity will also need to verify those services with Time
Warner and take appropriate action to continue them if the city wishes to do so. (Time
Warner may be authorized to deduct certain service costs from the five-percent franchise
fee.)
Town Council 107 of 113 Meeting Date: August 15, 2011
6
Each city should consult with its city attorney upon receiving a letter.
FCC RIGHT-OF-WAY AUTHORITY REVIEW CONTINUES
Last April, the Federal Communications Commission (FCC) released a “Notice of Inquiry
(NOI)” regarding local right-of-way regulations and franchise fees and how the agency can
“work with” cities “to improve policies for access to rights-of-way and for wireless facility
siting.” The NOI could result in federal rules that preempt city right-of-way management
authority and/or franchise fees, and could further limit municipal regulations relating to cell
towers.
The Texas Municipal League, along with the National League of Cities, the National
Association of Counties, the National Association of Telecommunications Officers and
Advisors, the U.S. Conference of Mayors, the International Municipal Lawyers Association,
and a number of individual Texas cities, submitted detailed comments to protect municipal
interests.
In fact, over 160 local governments across the nation submitted comments. Only about 10
broadband providers did so. Based solely on the numbers, one would presume that the FCC
would issue a city-friendly order. However, similar NOIs in the past relating to cable
franchising and wireless tower siting have resulted in severe curtailment of municipal
authority.
Rather than focusing on right-of-way authority, it appears that some industry commenters
directed their comments to wireless tower siting issues. (A previous FCC order that is being
challenged in court by the City of Arlington already addresses several wireless tower issues,
such as the time in which a city must approve an application for a tower.) PCIA – the
wireless infrastructure association – cites nine Texas cities with “onerous” requirements.
The allegedly “onerous” requirements in those cities include simple setback and screening
requirements for facilities and hearings prior to the placement of facilities (e.g., conditional
use permit requirements). Such requirements are designed to protect the health, safety, and
welfare of city residents.
More alarming are industry comments relating to right-of-way compensation. One
commenter suggests that the FCC “should declare that right-of-way fees are unreasonable
when they exceed the municipal expenses incurred because of a carrier’s deployment of
facilities in public rights-of-way.” In Texas, the fees are a value-based rental for the use of
public property, and such “cost-based” fees are prohibited by the Texas Constitution. One
provider, Centurylink, uses a quote from a previous edition of the Legislative Update stating
that Texas cities get close to ten percent of their revenue from franchise fees. Of course, that
number includes electric, telecommunications, and cable revenues. The actual amount of the
state-set telecommunications fee is much lower.
Town Council 108 of 113 Meeting Date: August 15, 2011
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The League is working in conjunction with other state and national associations, as well as
the cities that are expressly mentioned in industry comments, and will file reply comments
refuting the industry claims.
MUNICIPAL PENSION REPORTING GUIDELINES
PROPOSED CHANGES
Last month, the Government Accounting Standards Board (GASB) released two draft
guidelines that would change how cities report on the assets and liabilities of their pension
plans. The drafts – Accounting and Financial Reporting for Pensions and Financial
Reporting for Pension Plans – propose amendments to existing standards as part of an effort
to improve how the costs and obligations associated with state and local pensions are
calculated and reported.
The new guidelines would require state and local governments to report their net pension
liability on their financial statements and would make changes in the way cities calculate
their total pension liability and pension expenses. For example, the guidelines require cities
to use the new discount rate that is based on the expected long-term rate of return for the
pension fund and the interest rate on a 30-year AA or higher rated municipal bond index,
rather than the traditional rate of return discount rate. They would also require cities to use a
single actuarial cost allocation method that is based on the starting date of the employee and
to count pension expenses as an immediate liability rather than one that is deferred and
amortized over 30 years.
The draft guidelines are available at:
http://www.gasb.org/cs/ContentServer?site=GASB&c=Page&pagename=GASB%2FPage%2
FGASBSectionPage&cid=1176158721844&utm_source=delivra&utm_medium=email&utm
_campaign=nlc-frupdate%2007/29/2011%2011:53:55.
GASB is accepting comments through September 30, 2011, and the League will file
comments on behalf of its member cities. Cities that are concerned are encouraged to file
comments as well.
Town Council 109 of 113 Meeting Date: August 15, 2011
8
TXDOT REQUESTS COMMENTS ON 2011 TRAFFIC
CONTROL MANUAL
On July 15, the Texas Transportation Commission requested public comment on the Draft
2011 Texas Manual on Uniform Traffic Control Devices (TMUTCD) through publication in
the Texas Register. The TMUTCD provides requirements and guidelines for the design and
placement of traffic control devices, as well as other traffic control device regulation and
information. The deadline for receipt of comments by the Commission is 5:00 p.m. on
September 14, 2011.
Additional information and the draft manual is available at:
http://www.dot.state.tx.us/public_involvement/public_comment/draft_tmutcd.htm.
Written comments may be submitted to:
Carol Rawson, P.E.
Director, Traffic Operations Division
Texas Department of Transportation
125 East 11th Street
Austin, TX 78701-2483
In addition, a public hearing will be held at 9:30 a.m. on August 29, 2011, in the Ric
Williamson Hearing Room, First Floor, Dewitt C. Greer State Highway Building, 125 East
11th Street, Austin, Texas.
CLEAT SHOOTS ITSELF (AND EVERYONE ELSE) IN THE
FOOT
Prior to the beginning of the last regular legislative session, TML created a legislative policy
committee to study Texas Municipal Retirement System (TMRS) issues. The committee,
and subsequently the entire TML membership and Board of Directors, voted to “seek
introduction and passage” of legislation that would create additional, flexible cost of living
adjustment (COLA) options under TMRS that are not retroactive to a retiree’s date of
retirement, as are current COLAs.
Those flexible, non-retroactive COLAs would simply be another tool in the city’s toolbox
that would aid in offering COLAs to all city employees, including public safety employees.
Senate Bill 642, a TML bill, would have preserved a city’s ability to offer repeating COLAs
in the same manner as they do today, while providing a further, less-expensive option during
these tough economic times.
Town Council 110 of 113 Meeting Date: August 15, 2011
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S.B. 642 had widespread support, but – oddly – it was met with strong resistance by the
Combined Law Enforcement Associations of Texas (CLEAT). CLEAT chose to oppose the
bill by citing fears that it would cause cities to turn off current repeating COLAs in favor of
the new flexible, non-retroactive COLAs. In fact, the likely result of S.B. 642 would have
been the opposite: to encourage non-COLA cities to turn their COLAs back on. That was the
League’s intent, at least.
CLEAT didn’t see it that way, however, and ultimately helped kill a bill that would have
benefited every TMRS city by making cost of living adjustments more affordable. League
policy committees that meet during 2012 must think carefully about expending any further
resources in the 2013 legislative session in support of flexible COLAs. And, cities that have
turned their COLAs off might consider continuing that approach until CLEAT decides to get
on board with a sensible compromise.
Click here to view CLEAT’s testimony in opposition to S.B. 642.
FEDERAL TRANSPORTATION GRANTS
On July 1, 2011, the United States Department of Transportation (DOT) published a Notice
of Funding Availability (NOFA) for approximately $527 million in the Transportation
Investment Generating Economic Recovery (TIGER) discretionary grant program. TIGER
grants are designed primarily to fund projects involving highways, bridges, public transit,
railways, ports, or bicycle and pedestrian activity that are shown to improve the condition of
transportation facilities in a way that will have a long-term economic and environmental
impact on a region. Of the nearly $527 million made available, roughly $140 million is to be
awarded solely for transportation projects in rural areas.
The NOFA outlines a two-step application process. First, applicants are required to submit a
pre-application form to DOT by October 3, 2011, at 5:00 p.m. EST. The pre-application
form and instructions on submission will be made available on DOT’s Web site on August
23, 2011. Step two is the submission of a complete application package to DOT, which
must be completed by October 31, 2011, at 5:00 p.m. EST.
To access the NOFA and learn more about the TIGER grant program, go to:
http://www.dot.gov/tiger/.
Town Council 111 of 113 Meeting Date: August 15, 2011
10
FEDERAL JUDGE DETERMINES THAT TRAVEL
COMPANIES OWE CITIES HOTEL TAXES
A recent court ruling in the ongoing legal battle between 173 Texas cities and online hotel
booking companies like Expedia, Hotels.com, Hotwire, Priceline, and others, has moved the
cities one step closer to recouping the hotel tax revenue they were deprived of by the travel
companies. On July 1, a federal judge determined that online travel companies are obligated
to collect and pay hotel occupancy taxes on the total amount that hotel guests pay for rooms,
instead of on the lower amount that the companies pay hotels for the right to resell the rooms.
In 2009, a federal jury ruled in favor of the cities in their class action lawsuit against the
online hotel booking companies. The jury awarded $20.6 million to the cities based on their
argument that the online companies failed to remit city hotel occupancy tax on the “markup”
difference between the amount the companies paid for the rooms and the price at which they
sold the rooms to consumers.
The recent victory for Texas cities came when U.S. District Judge Orlando Garcia entered his
post-trial findings of fact and conclusions of law. In reinforcing the jury’s determination that
the online travel companies are obligated to pay more in hotel taxes to cities, the judge also
found that cities were entitled to additional actual damages that accrued since the jury verdict
in 2009. The judge determined that the online travel companies, within six months of the
entry of judgment, have a duty to devise a system of reporting the amount of hotel occupancy
taxes that are to be paid to cities in the future.
Although the ruling by Judge Garcia is promising, the dispute is far from over. An appeal by
the online travel companies is likely.
STATE FIRE MARSHAL NOTICE
Editor’s Note: The State Fire Marshal’s Office recently contacted the League regarding H.B.
1951. The bill requires that office to conduct fire safety inspections of all buildings leased
by state agencies. The office requested that the League distribute the following notice to our
members.
JULY 20, 2011
State Fire Marshal’s Office Now Responsible for Fire Safety
Inspections of State-Leased Buildings
The State Legislature — in conformance with a Sunset Review recommendation —
has adopted H.B. 1951, which requires that the State Fire Marshal’s Office (SFMO)
Town Council 112 of 113 Meeting Date: August 15, 2011
11
inspect buildings leased by state agencies. The new Government Code provision,
Section 419.0081, provides that “the State Fire Marshal shall periodically inspect
buildings leased for the use of a state agency by the Texas Facilities Commission.”
This covers approximately 15,000 buildings in about 200 counties around the state.
The SFMO is working with the TFC to identify and prioritize these buildings, and
develop the inspection processes and procedures that will be utilized. We are also
developing a “pre-lease” building inspection program that can be utilized before an
agency signs a building lease.
The SFMO intends to work closely with local fire inspection officials and building
owners to develop the means of carrying out this responsibility. The SFMO will be
contacting communities in the following months to seek input and coordinate the
inspection process, and welcomes comments from affected individuals.
If you are responsible for coordinating fire safety inspections for your community,
and a state-leased building is located in your community, please email the following
information to fire.marshal@tdi.state.tx.us
your name,
position,
the organization or agency you work for,
the county where the state-leased building is located, and
your contact information.
If you are not the person responsible for coordinating inspections but know who is,
please forward this notice to them. As the program moves forward, the SFMO will
provide additional details on the proposed process and procedure.
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 113 of 113 Meeting Date: August 15, 2011