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Agenda Packet TC 02/24/2011Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom6:00 PMThursday, February 24, 2011 Call to order and announce a quorum. WORKSHOP SESSION - 6:00 P.M. 1.2011-75-T Discussion of the Fund Balance agenda item posted on the Regular Session Council Agenda for February 24, 2011. 2.2011-76-T Discussion of agenda items posted for consideration on the Regular Session Council Agenda for February 24, 2011. CONVENE INTO REGULAR SESSION - ESTIMATED START TIME 7:00 P.M. Invocation Pledges: Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." 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. REGULAR SESSION 3.2011-78-T Consider and take appropriate action regarding the Audit and Financial Report dated September 30, 2010. 4.2011-79-T Consider and take appropriate action regarding a future Fund Balance Position. Town Council 1 of 202 Meeting Date: February 24, 2011 February 24, 2011Town Council Meeting Agenda 5.2011-83-T Receive annual report from the Park Board; discussion of the same. TCP Concept-Feb 2003-2011 Changes.pdfAttachments: 6.2011-91-T Consider and take appropriate action regarding an Ordinance amending Article VIII, "Tree Preservation and Removal" of Chapter 12, "Subdivision Rules and Regulations" and also amending Article I, "Parks and Recreation Board" of Chapter 9, "Parks and Recreation" of the Code of Ordinances in order to authorize the Parks and Recreation Board to serve as the Tree Board, providing duties and responsibilities to be performed by the Parks and Recreation Board; removing all references to the Tree Board as a separate Board; and providing an effective date. Ord 2011-06 Combine Tree Board and Park Board.pdfAttachments: 7.2011-90-T Consider and take appropriate action regarding an Ordinance amending Chapter 1 of the Code of Ordinances, "Administration", Article VIII, "Schedule of Fees" by amending various Planning and Zoning fees, Animal Control Fees, Emergency Medical Services Billing Fees, Parks and Recreation fees, by combining Parks and Recreation and Pool fees into a new Section, renumbering Sections; and providing an effective date. ORD 2011-07 Sched of Fees_track changes.pdf ORD 2011-07 Sched of Fees_changes accepted.pdf Attachments: 8.2011-72-T Consider and take appropriate action regarding an Agreement for Professional Services with Freese and Nichols to conduct a drainage analysis of the Town in an amount not to exceed $87,900.00, and authorizing the Town Manager to execute all necessary documents. Staff Report - Drainage Analysis - TC Feb 24 2011.pdf Agreement for Professional Services.pdf TC Council 2-24-11.pdf Attachments: 9.2011-74-T Consider and take appropriate action regarding the award of bid for the construction of an Elevated Water Storage Tank, apparent low bidder Phoenix Fabricators and Erectors, in an amount not to exceed $1,234,929, and authorizing the Town Manager to execute necessary documents. Staff Report - Water Tower.pdf Engineering Recommendation.pdf Bid Tab 2 14 11.pdf Bid Tab 11-11-08.pdf Attachments: 10.2011-94-T Consider and take appropriate action regarding appointing one Council member to be a non-voting liaison to the 2010 Citizen of the Year Committee. 11.2011-84-T Consider and take appropriate action regarding a Resolution approving the submission of a grant application for the Crime Impact Officer Program for Fiscal Year 2011-2012; authorizing the Town Manager or his designee to execute necessary documents; and providing an effective date. RES 2011-04 CRIME IMPACT OFFICER RESOLUTION.pdfAttachments: Town Council 2 of 202 Meeting Date: February 24, 2011 February 24, 2011Town Council Meeting Agenda 12.2011-92-T Consider and take appropriate action regarding the annual Citizen Contact Report submitted by Chief Kniffen. 2010 citizen contact report.pdfAttachments: 13.2011-82-T Consider and take appropriate action regarding the regularly scheduled Town Council meeting of Monday, May 16, 2011. 14.2011-81-T Consider and take appropriate action regarding an ordinance of the Town Council of the Town of Trophy Club, Texas, ordering and calling a General Election for the Town of Trophy Club to be held on May 14, 2011 for the purpose of electing one (1) Mayor for a three (3) year term, one (1) Council Member for Place #1 for a three (3) year term, and one (1) Council Member for Place #2 for a three (3) year term and; ordering and calling a Special Election for the legalization of the sale of all alcoholic beverages for off-premise consumption only; designating a polling place within the Town; providing for the appointment of a presiding election judge and an alternate presiding election judge; establishing other procedures for conducting the election; establishing a date for canvassing returns; providing for necessary actions; providing a Joint Election Agreement with Denton County; providing a Joint Election Agreement with Tarrant County; providing a cumulative clause; providing a severability clause; providing for publication; providing for engrossment and enrollment; and providing an effective date. A. Approve a Joint Election Contract with Denton County ORD 2011-08 Calling May 14 2011 Election.pdfAttachments: 15.2011-89-T Consider and take appropriate action regarding financial and variance report dated January 2011. January 2011 Monthly Financial Reports.pdfAttachments: 16.2011-85-T Town Manager Slye's update regarding the following; discussion of the same. - Trophy Club Commons Site Plan Update - Finance Director and Public Relations Manager Positions Update - UNT MPA Conference, February 25, 2011 17.2011-93-T Town Council Liaison Updates and discussion of same: - EDC 4B, January 24, 2011 - Council member Strother - MUD No. 1, February 15, 2011 - Mayor Pro Tem Rose - Ground Storage Tanks - Fire Communication Plan - Water Conservation - Parks and Recreation Board, February 15, 2011 - Council member Hoover 18.2011-86-T Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same: - Northwest Communities Partnership Monthly Meeting - Neighbor Helping Neighbor - Elected Officials Conference - Water Conservation Meeting - Metroport Cities Partnership - Transportation Summit - Denton County Mayor's Roundtable Luncheon - Ribbon Cutting - 35W Coalition Quarterly Meeting Town Council 3 of 202 Meeting Date: February 24, 2011 February 24, 2011Town Council Meeting Agenda 19.2011-87-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 Notice is hereby given that a quorum of the Parks & Recreation Board may be in attendance at this meeting. CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on Friday, February 18, 2011 by 5:00 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 202 Meeting Date: February 24, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-75-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/15/2011 Town Council On agenda:Final action:2/24/2011 Title:Discussion of the Fund Balance agenda item posted on the Regular Session Council Agenda for February 24, 2011. Attachments: Action ByDate Action ResultVer. Title Discussion of the Fund Balance agenda item posted on the Regular Session Council Agenda for February 24, 2011. Town Council 5 of 202 Meeting Date: February 24, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-76-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/15/2011 Town Council On agenda:Final action:2/24/2011 Title:Discussion of agenda items posted for consideration on the Regular Session Council Agenda for February 24, 2011. Attachments: Action ByDate Action ResultVer. Title Discussion of agenda items posted for consideration on the Regular Session Council Agenda for February 24, 2011. Town Council 6 of 202 Meeting Date: February 24, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-78-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/15/2011 Town Council On agenda:Final action:2/24/2011 Title:Consider and take appropriate action regarding the Audit and Financial Report dated September 30, 2010. Attachments: Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding the Audit and Financial Report dated September 30, 2010. EXPLANATION: The Town’s independent auditor, Weaver, LLP, completed the annual audit of the comprehensive annual financial report for the Town of Trophy Club as of and for the year ended September 30, 2010. They have also issued a report dated February 24, 2010 on their consideration of the Town’s internal controls over financial reporting and their tests of compliance with certain provisions of laws, regulations, contracts, and grants. At the January 17, 2010 meeting, the Town Council appointed two Council Members to the Audit Subcommittee. This subcommittee’s fundamental purpose is to provide a practical tool for ensuring that the financial statements are properly audited, and that any problems disclosed in the course of the audit are satisfactorily resolved. In addition, it allows an opportunity to assess whether Management is maintaining a comprehensive framework of internal control, and that financial reporting practices are being objectively reviewed. The Audit Subcommittee made up of the Town Manager Slye, Mayor White, Councilmember Cantrell, Assistant Town Manager Seidel, and Director of Finance DuBose met with the auditors on Thursday, February 17, 2010 to review the draft Comprehensive Annual Financial Report (CAFR) and audit report. The final published audit and CAFR will be distributed at the February 24th council meeting. 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 acceptance of the audit. Town Council 7 of 202 Meeting Date: February 24, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-79-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/15/2011 Town Council On agenda:Final action:2/24/2011 Title:Consider and take appropriate action regarding a future Fund Balance Position. Attachments: Action ByDate Action ResultVer. Title Consider and take appropriate action regarding a future Fund Balance Position. Explanation During the fiscal year 2009-2010 budget process, the Town Council discussed setting aside a portion of the Town’s General Fund fund balance for specific purpose(s). With the completion of the Comprehensive Annual Financial Report (CAFR) and audit for the 2009-2010 fiscal year, the Council now has the audited amount of fund balance available and can give direction to Management on the amount(s) they request be set aside. 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 that Council give direction on setting aside a portion of the General Fund fund balance. Town Council 8 of 202 Meeting Date: February 24, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-83-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/15/2011 Town Council On agenda:Final action:2/24/2011 Title:Receive annual report from the Park Board; discussion of the same. Attachments:TCP Concept-Feb 2003-2011 Changes.pdf Action ByDate Action ResultVer. Title Receive annual report from the Park Board; discussion of the same. 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 #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities 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 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 9 of 202 Meeting Date: February 24, 2011 TO W N O F T R O P H Y C L U B T r o p h y C l u b P a r k MA S T E R P L A N 20 1 1 U P D A T E FOR UN I T E D S T A T E S AR M Y C O R P S O F E N G I N E E R S (U S A C E ) F o r m e r l y : M A R S H A L L C R E E K P A R K To w n Co u n c i l 10 of 20 2 Meeting Date: February 24, 2011 DE V E L O P M E N T P L A N S F O R T H E PR O P E R T Y Th e o r i g i n a l T o w n o f T r o p h y C l u b l e a s e o f th i s l a n d p l a n n e d t o i m p l e m e n t a g r a d u a l oc c u p a t i o n o f t h e p r o p e r t y f o r r e c r e a t i o n a l pu r p o s e s . Th e r a t e o f o c c u p a t i o n i s a f u n c t i o n o f po p u l a t i o n g r o w t h i n t h e c o m m u n i t y a n d fi s c a l o p p o r t u n i t i e s t o p r o v i d e s e r v i c e s a n d fa c i l i t i e s o n t h e p r o p e r t y . Th i s u p d a t e i s i n p r e p a r a t i o n f o r t h e i n c r e a s e in p o p u l a t i o n d u e t o c u r r e n t h o u s i n g de v e l o p m e n t To w n Co u n c i l 11 of 20 2 Meeting Date: February 24, 2011 LA K E G R A P V I N E M A S T E R P L A N Th e o r i g i n a l M a s t e r P l a n f o r L a k e G r a p e v i n e wa s p r e p a r e d i n 1 9 7 1 , a n d t w o l a t e r su p p l e m e n t s w e r e i s s u e d i n 1 9 9 4 a n d 2 0 0 0 . Th e E n v i r o n m e n t a l A s s e s s m e n t f o r t h e US A C E p l a n w a s p r e p a r e d i n a c c o r d a n c e wi t h t h e p r o v i s i o n s o f t h e N a t i o n a l En v i r o n m e n t a l P o l i c y A c t ( N E P A ) o f 1 9 6 9 . Un f o r t u n a t e l y – i n 2 0 1 0 i t w a s d e t e r m i n e d th a t t h e A r c h e o l o g i c a l A s s e s s m e n t d o e s n o t me e t c u r r e n t s t a n d a r d s . To w n Co u n c i l 12 of 20 2 Meeting Date: February 24, 2011 Tr o p h y C l u b P a r k To w n Co u n c i l 13 of 20 2 Meeting Date: February 24, 2011 Wh i t e C h a p e l R o a d TROPHY CLUB PARK To w n Co u n c i l 14 of 20 2 Meeting Date: February 24, 2011 US A C E O b j e c t i v e s  Th e U S A C E r e s o u r c e o b j e c t i v e s f o r p l a n n i n g th e u s e o f t h e p r o p e r t y a r e t o e s t a b l i s h co l l a b o r a t i v e a n d a d m i n i s t r a t i v e p r o c e d u r e s wi t h o u t s i d e i n t e r e s t s ( T o w n ) t o a s s u r e t h e ef f e c t i v e a n d o r d e r l y d e v e l o p m e n t , p r o t e c t i o n , an d m a n a g e m e n t o f r e c r e a t i o n a l , c u l t u r a l , sc e n i c , a n d n a t u r a l r e s o u r c e s o f L a k e Gr a p e v i n e . To w n Co u n c i l 15 of 20 2 Meeting Date: February 24, 2011 CH A N G E S Ch a n g e s t h a t h a v e a n i m p a c t o n t h e l a n d Tr o p h y C l u b l e a s e d i n c l u d e : 1. Li m i t a t i o n o n t h e n u m b e r a n d p l a c e m e n t o f ut i l i t y c o r r i d o r s t o r e d u c e f u r t h e r i n t r u s i o n in t o a r e a s o f n a t u r a l h a b i t a t 2. Fu r t h e r d e f i n i t i o n o f L a n d s t h a t a r e co n s i d e r e d E S A ’ s To w n Co u n c i l 16 of 20 2 Meeting Date: February 24, 2011 CH A N G E S ( C O N ’ T ) 3. Th e 19 7 1 pl a n c l a s s i f i e d a l l l a n d s w e s t o f Hi g h w a y 3 7 7 a s W i l d l i f e M a n a g e m e n t areas, wh e r e a s t h e 2 0 0 1 p l a n l i s t s t h e s e a r e a s a s Mu l t i p l e R e s o u r c e M a n a g e m e n t a r e a — Wildlife Ma n a g e m e n t G e n e r a l 4. Th e 1 9 7 1 p l a n c l a s s i f i e d a l a r g e b l o c k o f l a n d be t w e e n H i g h w a y 3 7 7 a n d T r o p h y C l u b P a r k a n d se v e r a l s m a l l e r s c a t t e r e d s h o r e l i n e a r e a s , a s Es t h e t i c A r e a s , w h e r e a s t h e 2 0 0 1 p l a n l i s t s th e s e a r e a s a s M u l t i p l e R e s o u r c e M a n a g e m e n t Ar e a s — R e c r e a t i o n L o w D e n s i t y a n d W i l d l i f e Ma n a g e m e n t . To w n Co u n c i l 17 of 20 2 Meeting Date: February 24, 2011 Tr o p h y C l u b P a r k O B J E C T I V E S Th e T o w n o f T r o p h y c l u b l e a s e d t h e 8 7 7 ac r e s o f l a n d f r o m t h e U . S . A r m y C o r p s o f En g i n e e r s ( U S A C E ) i n o r d e r t o a c h i e v e t h e fo l l o w i n g :  Pr o t e c t t h e n a t u r a l e n v i r o n m e n t t h at i s o n t h e h e a d w a t e r s o f Gr a p e v i n e L a k e w h i l e m a k i n g i t a v a i l a b l e f o r p u b l i c en j o y m e n t .  Pr o v i d e f o r t h e r e c r e a t i o n a l n ee d s o f t h e c o m m u n i t y a s i t gr o w s .  Pr e s e r v e o p e n s p a c e f o r t h e e n j o y m e n t o f a l l v i s i t o r s a n d  Pr o c u r e a n a r e a f o r e n v i r o n m e n t a l e d u c a t i o n . To w n Co u n c i l 18 of 20 2 Meeting Date: February 24, 2011 A C O M M U N I T Y E F F O R T Th e m o s t r e c e n t E n v i r o n m e n t a l A s s e s s m e n t wa s r e l e a s e d i n M a y , 2 0 0 1 . I t w a s p r e p a r e d wi t h a s s i s t a n c e f r o m t h e f o l l o w i n g a g e n c i e s an d r e s o u r c e p e r s o n n e l : U S A C E , U . S . F i s h & Wi l d l i f e , T e x a s P a r k s & W i l d l i f e , T o w n s o f Tr o p h y C l u b , M a r s h a l l C r e e k a n d F l o w e r Mo u n d , C i t i e s o f G r a p e v i n e , R o a n o k e , So u t h l a k e , N o r t h l a k e , C r o s s T i m b e r s Eq u e s t r i a n T r a i l s , T e x a s T r a i l s N e t w o r k , Ma r i n a s I n t e r n a t i o n a l , U n i v e r s i t y o f N o r t h Te x a s a n d t h e D a l l a s W a t e r U t i l i t i e s . To w n Co u n c i l 19 of 20 2 Meeting Date: February 24, 2011 TR O P H Y C L U B P A R K M A S T E R P L A N 20 1 1 U p d a t e 20 1 1 P l a n F e a t u r e s — c o n c l u d e s , “ t h e r e wi l l b e n o s i g n i f i c a n t a d v e r s e i m p a c t s t o th e n a t u r a l e n v i r o n m e n t a s s o c i a t e d w i t h th e p r o p o s e d p r o j e c t s ” . Fi n a l l y , “ t h e p r o p o s e d a c t i o n w o u l d n o t af f e c t a n y f e d e r a l s p e c i e s l i s t e d o r pr o p o s e d f o r l i s t i n g a s t h r e a t e n e d o r en d a n g e r e d i n a c c o r d a n c e w i t h t h e En d a n g e r e d S p e c i e s A c t To w n Co u n c i l 20 of 20 2 Meeting Date: February 24, 2011 TR O P H Y C L U B P A R K 20 1 1 M A S T E R P L A N U p d a t e Th e “ p r o j e c t ” a n d “ p r o p o s e d a c t i o n ” re f e r s t o t h e c o l l e c t i o n o f c h a n g e s t h a t we r e m a d e t o t h e M a s t e r P l a n f o r L a k e Gr a p e v i n e . T h e M a s t e r P l a n c o n t a i n s re v i s e d R e s o u r c e M a n a g e m e n t ob j e c t i v e s a n d i d e n t i f i e s En v i r o n m e n t a l l y S e n s i t i v e A r e a s (E S A ’ s ) . To w n Co u n c i l 21 of 20 2 Meeting Date: February 24, 2011 Co m p a t i b l e h u m a n u s e o f s e l e c t e d a r e a s ca n o c c u r u n d e r t h e f o l l o w i n g t e r m s : En v i r o n m e n t a l l y Se n s i t i v e A r e a s Se e k O p p o r t u n i t i e s f o r En v i r o n m e n t a l Ed u c a t i o n St e w a r d s h i p o f W i l d l i f e Ha b i t a t Ma n a g e m e n t o f Wo o d l a n d s a n d Gr a s s l a n d s Ma n a g e m e n t o f Aq u a t i c H a b i t a t s Ma i n t e n a n c e o f Pu b l i c H u n t i n g Su p p o r t o f Re c r e a t i o n a l Ob j e c t i v e s To w n Co u n c i l 22 of 20 2 Meeting Date: February 24, 2011 T RO P H Y C L U B P A R K MA S T E R P L A N ( 2 0 1 1 U p d a t e ) TA S K F O R C E Pa r k s a n d R e c r e a t i o n Ch a i r To w n C o u n c i l Re p Pa r k B o a r d S u b Co m m i t t e e Co n s u l t a n t Jo s e p h W a l k e r To w n Co u n c i l 23 of 20 2 Meeting Date: February 24, 2011 TR O P H Y C L U B P A R K MA S T E R P L A N ( 2 0 1 1 U p d a t e ) Ta s k F o r c e Fi n i t e S c o p e a n d P u r p o s e  Es t a b l i s h p a r a m e t e r s f o r d e v e l o p m e n t a n d im p l e m e n t a t i o n .  Co o r d i n a t e w i t h U S A C E o n i m p a c t o f a r e a an d T o w n .  Co o r d i n a t e a l l i m p a c t s t u d i e s a n d s i t e su r v e y s . To w n Co u n c i l 24 of 20 2 Meeting Date: February 24, 2011 DE V E L O P M E N T P L A N S F O R T H E P R O P E R T Y Pa r t s o f t h e s i t e w i l l b e a v a i l a b l e f o r ac t i v e r e c r e a t i o n , o t h e r s f o r p a s s i v e re c r e a t i o n , a n d s t i l l o t h e r s f o r co n s e r v a t i o n . Al l E S A i d e n t i f i e d a r e a s a r e r e s e r v e d f o r co n v e r s a t i o n , a s w e l l a s a 7 5 - f o o t b u f f e r be t w e e n E S A a r e a s a n d a n y a c t i v e re c r e a t i o n u s e a r e a . To w n Co u n c i l 25 of 20 2 Meeting Date: February 24, 2011 De v e l o p m e n t S t a n d a r d s So f t - s u r f a c e t r a i l s i n ES A a r e a s Pr o v i s i o n o f s t o r m dr a i n a g e v i a o v e r - gr o u n d Li m i t a t i o n o f pa v e m e n t De v e l o p m e n t o f cr e a t e d w e t l a n d s Pr o v i s i o n o f ra i n w a t e r c a t c h m e n t Li m i t e d u s e o f li g h t i n g Es t a b l i s h m e n t o f “p r e s e r v e ” a r e a s To w n Co u n c i l 26 of 20 2 Meeting Date: February 24, 2011 Tr o p h y C l u b P a r k M a s t e r P l a n 2 0 1 1 Po t e n t i a l R e v e n u e ( Y r ) 650K To w n Co u n c i l 27 of 20 2 Meeting Date: February 24, 2011 TR O P H Y C L U B P A R K M A S T E R P L A N ( 2 0 1 1 U p d a t e ) Pa r k Z o n e s b y A c t i v i t y U s e Pl a y - X 35 acres AT V 8 5 acres Be a c h - T r a i l 40 acres (ESA) Op e n E S A 2 4 0 a c r e s ( E S A ) Sp o r t - P r a c t i c e 6 0 a c r e s Tr a i l 1 90 acres (ESA) So c c e r 30 acres Ga m e s 1 0 a c r e s RV 7 0 acres Tr a i l 2 30 acres (ESA) Cr e e k Z o n e ( E S A ) 117 acres (ESA) To t a l 8 7 7 PA S S I V E ( E S A ) 5 8 7 a c r e s 6 7 % Ac t i v e R e c r e a t i o n 2 9 0 a c r e s 3 3 % To w n Co u n c i l 28 of 20 2 Meeting Date: February 24, 2011 Pl a y - X 3 5 a c r e s Di s c G o l f ( 9 - H o l e ) Pa v i l i o n ( 1 0 0 P e o p l e ) Re m o t e C o n t r o l A i r F i e l d Pa r k i n g Re s t r o o m s Fi s h i n g P i e r s Ol y m p i c B M X C o u r s e BM X P u m p C o u r s e Bo u l d e r i n g P l a y g r o u n d RV – C a m p S i t e s Pi c n i c S i t e s Sk a t e p a r k Mo t o c r o s s # 2 Mu l t i p u r p o s e T r a i l To w n Co u n c i l 29 of 20 2 Meeting Date: February 24, 2011 Be a c h - T r a i l 4 0 a c r e s ( E S A ) A d i r t w a l k i n g t r a i l wi l l b e e s t a b l i s h e d to a l l o w r e s i d e n t s cl e a r a c c e s s t o t h e be a c h l o c a t e d o n th e p e n i n s u l a o f th i s s e c t i o n o f t h e pr o p e r t y . To w n Co u n c i l 30 of 20 2 Meeting Date: February 24, 2011 AT V 8 5 ac r e s Co n t a i n m o t o c r o s s s t y l e t r a c k fo r m o t o r c y c l e s a n d A T V ’ s A p r o j e c t m a n a g e r t o o v e r s e e co n s t r u c t i o n w i t h a s s i s t a n c e fr o m T o w n p e r s o n n e l To w n Co u n c i l 31 of 20 2 Meeting Date: February 24, 2011 Sp o r t - P r a c t i c e 6 0 a c r e s Th i s a r e a w a s a p p r o v e d f o r g e n e r a l r e c r ea t i o n u s e a n d f a c i l i t y d e v e l o p m e n t i n 20 0 3 . T h e 2 0 1 1 r e v i s e d p l a n h a s a f e w e x p a n d e d u s e s b u t t h e s e a r e l e s s in v a s i v e t h a n t h e o r i g i n a l s p o r t f i e l d u s e a p p r o v e d f o r t h i s a r e a . ( D i s c G o l f , Ar c h e r y P r a c t i c e A r e a , E n v i r o n m e n t a l C e n t e r ) To w n Co u n c i l 32 of 20 2 Meeting Date: February 24, 2011 Tr a i l 1 9 0 a c r e s ( E S A ) Lo t 3 Bl o c k 2 Th i s z o n e i s pr i m a r i l y E S A a n d on l y a m i n i m a l d i r t tr a i l w i l l b e a d d e d in t o t h i s p o r t i o n o f th e p r o p e r t y . To w n Co u n c i l 33 of 20 2 Meeting Date: February 24, 2011 So c c e r 3 0 a c r e s Th i s a r e a w a s a p p r o v e d f o r g e n e ra l r e c r e a t i o n u s e a n d f a c i l i t y de v e l o p m e n t i n 2 0 0 3 . T h e 2 0 1 1 r e v i se d p l a n h a s a f e w e x p a n d e d u s e s bu t t h e s e a r e l e s s i n v a s i v e t h a n t h e o r i g i n a l s p o r t f i e l d u s e a p p r o v e d f o r th i s a r e a . ( S a n d V o l l e y b a l l & P l a y g r o u n d s ) To w n Co u n c i l 34 of 20 2 Meeting Date: February 24, 2011 Ga m e s Z o n e 1 0 a c r e s Th i s a r e a w a s a p p r o v e d f o r g e n e r a l re c r e a t i o n u s e a n d f a c i l i t y d e v e l o p m e n t i n 20 0 3 . T h e 2 0 1 1 r e v i s e d p l a n h a s a f e w ex p a n d e d u s e s b u t t h e s e a r e l e s s i n v a s i v e th a n t h e o r i g i n a l s p o r t f i e l d u s e a p p r o v e d fo r t h i s a r e a . ( B a s k e t b a l l c o u r t s , B o c c e , & Ho r s e ) To w n Co u n c i l 35 of 20 2 Meeting Date: February 24, 2011 RV , C a m p i n g , C a b i n s , C r e w ( R o w i n g ) C e n t e r 7 0 a c r e s Th i s a r e a w a s a p p r o v e d f o r g e n e r a l r e cr e a t i o n u s e a n d f a c i l i t y d e v e l o p m e n t in 2 0 0 3 . T h e 2 0 1 1 r e v i s e d p l a n h a s a f e w e x p a n d e d u s e s b u t t h e s e a r e l e s s in v a s i v e t h a n t h e o r i g i n a l s p o r t f i e l d u s e a p p r o v e d f o r t h i s a r e a . ( C r e w , B o a t Ra m p , O v e r n i g h t C a m p i n g – P r i m i t i v e , C a b i n , R V ) Th e s e u s e s w i l l h a v e a p o s i t i v e i m p a c t on g e n e r a l l a k e a c c e s s a n d l a k e u s e To w n Co u n c i l 36 of 20 2 Meeting Date: February 24, 2011 Tr a i l 2 3 0 a c r e s ( E S A ) Th i s z o n e i s pr i m a r i l y E S A a n d on l y a m i n i m a l d i r t tr a i l w i l l b e a d d e d in t o t h i s p o r t i o n o f th e p r o p e r t y . To w n Co u n c i l 37 of 20 2 Meeting Date: February 24, 2011 Cr e e k Z o n e ( E S A ) 1 1 7 a c r e s Th i s z o n e i s p r i m a r i l y E S A a n d on l y a m i n i m a l d i r t t r a i l w i l l b e ad d e d i n t o t h i s p o r t i o n o f t h e p r o p e r t y . To w n Co u n c i l 38 of 20 2 Meeting Date: February 24, 2011 PA S S I V E ( E S A ) 5 8 7 a c r e s 6 7 % Ac t i v e R e c r e a t i o n 2 9 0 a c r e s 3 3 % Co m p a r i n g Pa s s i v e ( N a t u r a l ) t o A c t i v e ( D e v e l o p e d ) To w n Co u n c i l 39 of 20 2 Meeting Date: February 24, 2011 Pl a y – X A r e a Fe n c i n g f o r A T V Ou t d o o r C a m p Ga m e s Cr e w D o c k Mo s t L i k e l y D e v e l o p m e n t C h a n g e s f o r Y e a r s 1 - 5 Po t e n t i a l R e v e n u e ( Y r ) 2 0 0 K To w n Co u n c i l 40 of 20 2 Meeting Date: February 24, 2011 Pl a y – X A r e a Fe n c i n g f o r A T V Mo t o c r o s s # 2 Ou t d o o r C a m p Ga m e s RV , C a m p , C r e w Be s t R e v e n u e S t r a t e g y D e v e l o p m e n t s f o r Y e a r s 1 - 5 Po t e n t i a l R e v e n u e ( Y r ) 6 5 0 K To w n Co u n c i l 41 of 20 2 Meeting Date: February 24, 2011 De v e l o p m e n t P r i o r i t y f o r Y e a r s 1 - 3 Tr a i l S y s t e m 50K Di s c G o l f ( 9 H o l e ) 5 K Pa v i l i o n ( 1 0 0 p e o p l e ) 2 0 K - T P W D RC A r e a 10K BM X C o u r s e 1 20K Pu m p C o u r s e 10K Fi s h i n g P i e r s 10K Fe n c i n g ( A T V ) 10K - TPWD Mo t o c r o s s 2 20K – Red Bu l l To t a l 1 5 5 K Im p a c t t o M / O 2 5 K Ex p e c t e d R e v e n u e ( Y R ) 150K To w n Co u n c i l 42 of 20 2 Meeting Date: February 24, 2011 Po t e n t i a l D e v e l o p m e n t Ou t d o o r D a y C a m p A r e a Year 2-4 Pa r k i n g 50K Ar c h e r y R a n g e 5 K BB G u n R a n g e 5 K Ca m p S i t e s 1 0 K Ed u c a t i o n C t r (Temp) 100K To t a l 1 7 0 K Im p a c t t o M / O 2 0 K Ex p e c t e d R e v e n u e ( Y r ) 2 0 K To w n Co u n c i l 43 of 20 2 Meeting Date: February 24, 2011 De v e l o p m e n t P r i o r i t y Y e a r 2 - 7 Bo c c e & H o r s e S h o e C o u r t s 1 0 K Ba s k e t b a l l ( O u t d o o r ) 4 0 K Mu l t i p u r p o s e F i e l d 10K Pi c n i c S h e l t e r s 10K Pa r k i n g ( G r a v e l ) 10K To t a l 8 0 K Im p a c t t o M / O 10K To w n Co u n c i l 44 of 20 2 Meeting Date: February 24, 2011 Re v e n u e P r i o r i t y – D e v e l o p m e n t b y P a r t n e r s h i p 75 S l o t R V C e n t e r 3 0 0 K 5 C a b i n s 250K Cr e w H o u s e 50K 20 C a m p s i t e s 30K Bo a t R a m p 200K To t a l 8 3 0 K Im p a c t t o M / O 5 0 K Po t e n t i a l R e v e n u e ( y r ) 4 0 0 K Ba s e d o n 6 0 % f u l l 2 0 0 d a y s To w n Co u n c i l 45 of 20 2 Meeting Date: February 24, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-91-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/15/2011 Town Council On agenda:Final action:2/24/2011 Title:Consider and take appropriate action regarding an Ordinance amending Article VIII, "Tree Preservation and Removal" of Chapter 12, "Subdivision Rules and Regulations" and also amending Article I, "Parks and Recreation Board" of Chapter 9, "Parks and Recreation" of the Code of Ordinances in order to authorize the Parks and Recreation Board to serve as the Tree Board, providing duties and responsibilities to be performed by the Parks and Recreation Board; removing all references to the Tree Board as a separate Board; and providing an effective date. Attachments:Ord 2011-06 Combine Tree Board and Park Board.pdf Action ByDate Action ResultVer. Title Consider and take appropriate action regarding an Ordinance amending Article VIII, "Tree Preservation and Removal" of Chapter 12, "Subdivision Rules and Regulations" and also amending Article I, "Parks and Recreation Board" of Chapter 9, "Parks and Recreation" of the Code of Ordinances in order to authorize the Parks and Recreation Board to serve as the Tree Board, providing duties and responsibilities to be performed by the Parks and Recreation Board; removing all references to the Tree Board as a separate Board; and providing an effective date. 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 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 approval. Town Council 46 of 202 Meeting Date: February 24, 2011 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2011-06 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ARTICLE VIII ENTITLED “TREE PRESERVATION AND REMOVAL”, OF CHAPTER 12 ENTITLED “SUBDIVISION RULES AND REGULATIONS”, AND AMENDING SECTION 1.03 ENTITLED “POWERS AND DUTIES OF THE BOARD” OF ARTICLE I ENTITLED “PARKS AND RECREATION BOARD” OF CHAPTER 9 ENTITLED “PARKS AND RECREATION” OF THE CODE OF ORDINANCES OF THE TOWN; PROVIDING FOR THE INCORPORATION OF PREMISES, PROVIDING FOR AMENDMENTS TO ARTICLE I ESTABLISHING DUTIES AND RESPONSIBILITIES OF THE PARKS AND RECREATION BOARD SERVING AS TREE BOARD AND AMENDMENTS TO ARTICLE VIII AUTHORIZING THE PARKS AND RECREATION BOARD TO SERVE AS THE TREE BOARD, AND REMOVING REFERENCES TO A SEPARATE TREE BOARD; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”) is a home rule municipality empowered to do all acts and make all regulations which may be necessary or expedient for the promotion of the public health, safety and general welfare; and WHEREAS, the Tree Board voted unanimously to disband and allow the Parks and Recreation Board to assume its duties upon Council approval; and WHEREAS, the Parks and Recreation Board agreed to assume the duties of the Tree Board upon Council approval and create a sub-committee addressing the specific areas of the Tree Board subsequent to that approval; and WHEREAS, the new duties assigned to the Parks and Recreation Board would allow staff to focus on this area in a more efficient manner; and WHEREAS, the Town Council finds it appropriate to adopt the amendments as proposed. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Town Council 47 of 202 Meeting Date: February 24, 2011 SECTION 1. INCORPORATION OF PREMISES All of the above premises are true and correct and are hereby incorporated in the body of this Ordinance as if fully set forth herein. SECTION 2. AMENDMENTS 2.01. Section 8.02 entitled “Tree Board” of Article VIII, entitled Tree Preservation and Removal”, of Chapter 12 entitled “Subdivisions Rules and Regulations”, of the Code of Ordinances of the Town of Trophy Club is hereby repealed in its entirety and a new Section 8.02 entitled “Park Board to Serve as Tree Board”, of Article VIII of Chapter 12 shall be adopted and shall be and read in its entirety as follows: Section 8.02 Parks and Recreation Board to Serve as Tree Board A. Role of Parks and Recreation Board: The Parks and Recreation Board shall serve as the Tree Board for the Town (the “Board”). B. Duties and Responsibilities: It shall be the responsibility of the Board to: 1. Determine cash value for a tree replacement; 2. Designate Protected, Specimen, Historical, and Majestic trees, as defined herein; 3. Develop and approve tree lists; 4. Inform and develop an informational tree pamphlet; and 5. Hear appeals. 6. Annually develop a written plan, in conjunction with the Town Manager or his designee for the care, preservation, trimming, planting, replanting, removal, or disposition of trees and shrubs in public ways, streets, alleys, and parks. Such plan will be presented annually to the Town Council and upon acceptance and approval, shall constitute the official comprehensive Tree Plan for the Town. The Town Manager or his designee shall be charged with carrying out the plan. 2.02 In each of the following Sections and Subsections of Article VIII entitled “Tree Preservation and Removal”, of Chapter 12 entitled “Subdivisions Rules and Regulations”, the term “Tree Board” shall be replaced by the term “Board” and the remainder of those Sections and Subsections shall not be amended but shall be and read the same: Section 8.04 (A), Section 8.05 (C), Section 8.06(A)(1), Section 8.07(A) (1) and Town Council 48 of 202 Meeting Date: February 24, 2011 (A)(2), Section 8.08(C)(1)(c), Section 8.08 (G), Section 8,09(A)(6), Section 8.10(A)(2),Section 8.10 (B)(2)(b),(c) and (d), and Section 8.12. 2.03 Section 1.03 entitled “Powers and Duties of the Board” of Article I entitled “Parks And Recreation Board” of Chapter 9 entitled “Parks and Recreation” of the Code of Ordinances of the Town of Trophy Club is hereby repealed in its entirety and a new Section 1.03 entitled “Powers and Duties of the Board” of Article I of Chapter 9 of the Code of Ordinances is hereby adopted and shall be and read in its entirety as follows: Section 1.03 POWERS AND DUTIES OF THE PARKS AND RECREATION BOARD A. The Parks and Recreation Board shall have the following powers and perform the following duties: 1. Advisory Capacity to Council: The Board shall act principally in an advisory capacity to the Town staff and the Town Council in all matters pertaining to parks and recreation, shall acquaint itself with and make a continuous study of the complete parks and recreation services of the Town; and shall advise the staff and Town Council from time to time as to the present and future policies, maintenance, operation, planning, acquisition, development, and enlargement of the Town parks and recreation services. The Board shall also have such authority as designated to it by Town Ordinance. 2. Study and Development of Recreation and Recreation Areas: The Board shall study and encourage the development of parks and recreation areas and the development of recreation for all residents of the Town. 3. Advisory Capacity to the Director: It shall advise The Board on problems of development of recreation areas, facilities, programs and improved recreation services. 4. Recommend Standards: It shall recommend the adoption of standards for areas, facilities, programs and financial support for parks and recreation purposes. 5. Advise on Long-Range Parks and Recreational Capital Improvement Programs: The Board shall advise and recommend to the Parks and Recreation Director the development of long-range capital improvement programs, and when the need exists for additional park and recreational facilities, the Board shall make appropriate recommendation to the Town Council. It may also recommend the acquisition of additional parks, park and recreational equipment and supplies. 6. Solicitations: The Board may solicit grants, on behalf of the Parks and Recreation Board; provided however, that the acceptance of any such grant is subject to the approval and acceptance of Town Council. Town Council 49 of 202 Meeting Date: February 24, 2011 7. Cooperative Opportunities: The Board may cooperate with other governmental agencies, civic organizations and all citizens of the Town in the advancement of sound parks and recreation planning and programming. 8. Amendments to Ordinance: The Board may, from time to time, recommend to the Town Council amendments to this Ordinance. 9. Reports: The Board shall, through its Chairperson or his/her designee, make an oral and written report semi-annually to the Town Council concerning its activities during the past year and its proposals for the coming year. 10. Budget: The Board shall review the proposed budget for the Parks and Recreation Department, and make any recommendations to the Parks and Recreation Director deemed necessary. The Board is not authorized to add, delete or change in any way the budget as prepared by the Parks and Recreation Director. 11. Additional Rules: The Board shall have authority to adopt such additional rules that are not in conflict with this ordinance that it deems necessary to carry the purpose and intent of this ordinance, subject to Town Council approval. 12. Actions of Board As a Unit. No action of any individual member(s) is authorized except as approved by the Board. Only the Board acting as a whole shall exercise the powers and duties of the Board. B. The Parks and Recreation Board shall serve as the Tree Board for the Town with those Duties and Responsibilities set forth in Article 8, “Tree Preservation and Removal” of Chapter 12, “Subdivision Rules and Regulations” of the Code of Ordinances of the Town, as amended. SECTION 3. CUMULATIVE REPEALER This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances, whether codified or uncodified, except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to any such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect. Town Council 50 of 202 Meeting Date: February 24, 2011 SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity or unconstitutionality and that such remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. SECTION 6. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town of Trophy Club, Texas this the 24th day of February, 2011 Mayor, Connie White Town of Trophy Club, Texas [SEAL] ATTEST: Town Secretary, Shannon DePrater Town of Trophy Club, Texas APPROVED TO AS FORM: Town Attorney, Patricia A. Adams Town of Trophy Club, Texas Town Council 51 of 202 Meeting Date: February 24, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-90-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/15/2011 Town Council On agenda:Final action:2/24/2011 Title:Consider and take appropriate action regarding an Ordinance amending Chapter 1 of the Code of Ordinances, "Administration", Article VIII, "Schedule of Fees" by amending various Planning and Zoning fees, Animal Control Fees, Emergency Medical Services Billing Fees, Parks and Recreation fees, by combining Parks and Recreation and Pool fees into a new Section, renumbering Sections; and providing an effective date. Attachments:ORD 2011-07 Sched of Fees_track changes.pdf ORD 2011-07 Sched of Fees_changes accepted.pdf Action ByDate Action ResultVer. Title Consider and take appropriate action regarding an Ordinance amending Chapter 1 of the Code of Ordinances, "Administration", Article VIII, "Schedule of Fees" by amending various Planning and Zoning fees, Animal Control Fees, Emergency Medical Services Billing Fees, Parks and Recreation fees, by combining Parks and Recreation and Pool fees into a new Section, renumbering Sections; and providing an effective date. Explanation Planning & Zoning Department - Increase fee for Conditional Use Permit from $200 + $15/acre to $300 + $15/acre to match the fee required to apply for a Specific Use Permit. The amount of review time and consideration for a conditional use permit is the same as for a specific use permit. $300 is a reasonable fee for the amount of time spent in review and processing of an SUP or CUP request. An SUP or CUP requires research of the request, writing a staff report, sending out public hearing notices, scheduling the item on a Planning and Zoning Commission agenda and Town Council agenda and presentation of the request to both of those bodies; during the entire process the applicant must be kept informed of each step and advised of their role before P&Z and Council. A $300 fee, plus $15 per acre, does not pay in full, but does offset, the staff time spent on the above tasks. Animal Control- 1. Section 8.06 - Animal Control Subsection C. Fee for transport needs to be changed from $10 to $30. It costs more to catch and transport an animal than it does to house them. The impound fee needs to be changed from $30 a day to $10 a day. At $30 a day, an individual can run up a $100 bill to the town in 3 days (adding in a transport fee). We have had some individuals who wanted to surrender or abandon the animal due to the shelter fees. In either case there is a penalty. We charge a surrender fee ($50) or issue a citation for abandonment of the animal. This change would reduce the possibility that someone might surrender or abandon an animal. 2. Section 8.06 - Animal Control Subsection G. These fees should be eliminated. The Town has a contract with a vendor for euthanasia services and, in most cases, the resident does not have an option of whether or not to euthanize. Management recommends approval to changes in fee schedule and elimination of euthanasia fee for wildlife caught in personally owned traps (if euthanasia is performed). EMS - These changes are required to maintain compliance with Medical Protocols and adjust for dramatic increase in pharmacy cost. The mileage cost calculations in increments of 10th of a mile are to maintain compliance with federal regulation for billing Medicare patients. Parks and Recreation - Several pool fees have been changed in order to more correctly address family memberships, create a residential pool guest pass, new rental fees to allow for a greater utilization of the facility and reduced non- resident costs to foster a better relationship with our neighboring cities. Trophy Club Park regular entry fees are being reduced to encourage more resident attendance to the park and also to encourage regional visitation to the park. Town Council 52 of 202 Meeting Date: February 24, 2011 File #: 2011-90-T, Version: 1 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 #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities 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 #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 Justitification to Council Management recommends approval to changes in fee schedule. Town Council 53 of 202 Meeting Date: February 24, 2011 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2011-07 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES, ENTITLED “ADMINISTRATION”, ARTICLE VIII, ENTITLED “SCHEDULE OF FEES”, PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS BY REPEALING AND AMENDING VARIOUS SECTIONS OF THE SCHEDULE OF FEES: AMENDING SECTION 8.04 ENTITLED “PLANNING & ZONING DEPARTMENT”, AMENDING SECTION 8.06, ENTITLED “ANIMAL CONTROL”, AMENDING SECTION 8.07, ENTITLED “EMERGENCY MEDICAL SERVICES BILLING”, AMENDING SECTION 8.12 ENTITLED “COMMUNITY POOL COMPLEX” BY RENAMING IT TO “PARKS & RECREATION” AND PLACING ALL PARKS, RECREATION AND POOL FEES IN SECTION 8.12, REPEALING SECTION 8.15 ENTITLED “PARKS & RECREATION” AND RENUMBERING SECTION 8.16 ENTITLED “PUBLIC WORKS FOR PUBLIC IMPROVEMENT DISTRICT NO. 1” TO SECTION 8.15 ENTITLED “PUBLIC WORKS FOR PUBLIC IMPROVEMENT DISTRICT NO. 1”; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution; and WHEREAS, Town staff has reviewed the fees that it charges for various services and has determined that based upon the costs of providing those services, and in some cases, based upon amounts charged the Town by third parties, some Town fees are in need of adjustment; and WHEREAS, Town staff is proposing both decreases and increases to Town fees; and WHEREAS, the Town Council has the authority via ordinance to establish reasonable fees to cover the costs of services provided by the Town; and WHEREAS, having reviewed the proposed cost adjustments, the Town Council finds that the proposed fee adjustments are reasonable and necessary to pay the administrative costs associated with providing services to the public; and Town Council 54 of 202 Meeting Date: February 24, 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. AMENDMENTS 2.01 Article VIII entitled, “Schedule of Fees” of Chapter 1, entitled “Administration” of the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.04 entitled “Planning & Zoning Department”, Subsection T “Conditional Use Permit” is hereby amended so that Section 8.04 (T) shall be and read in its entirety as follows: T. Conditional Use Permit $300 + 15/acre 2.02 Article VIII entitled, “Schedule of Fees” of Chapter 1, entitled “Administration” of the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.06 entitled “Animal Control”, Subsection C “Impoundment Fee Plus Transportation Fee” and Subsection G “Euthanasia” are hereby amended so that Section 8.06(C) and Section 8.06(G) shall be and read in their entirety as follows: C. Impound Fee plus $10.00/day Transportation Fee $30.00 G. Euthanasia: Pay the following fees for euthanasia with disposal based on type and or weight of animal: Wildlife (captured in privately owned trap) $20 per animal Only if caught in a privately owned trap Adult Dog (under 30lbs) $20 per animal Adult Dog (over 30lbs) $30 per animal Adult Cat $20 per animal Kittens $20 per litter Puppies $5 per animal If caught in a private trap and surrendered to Animal Surrender fee shall apply. A single litter of kittens or puppies shall count as one surrender fee. The euthanasia fee shall be waived if the surrender fee is paid. Formatted Formatted Formatted: Font: (Default) Arial Formatted: Left, Don't adjust space between Latin and Asian text Formatted Formatted Formatted Table Formatted Formatted Formatted Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted Formatted Formatted Formatted: Font: (Default) Arial Formatted Formatted: Font: (Default) Arial Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted: Font: (Default) Arial Formatted Formatted: Font: (Default) Arial Deleted: $200.+ $15/acre Deleted: 30 Deleted: 10 Deleted: should Deleted: L Deleted: / Deleted: should Deleted: E Deleted: should ... [3] ... [4] ... [2] ... [18] ... [1] ... [19] ... [17] ... [20] ... [14] ... [7] ... [15] ... [8] ... [16] ... [5] ... [9] ... [11] ... [10] ... [6] ... [21] ... [13] ... [12] ... [22] Town Council 55 of 202 Meeting Date: February 24, 2011 2.03 Article VIII entitled, “Schedule of Fees” of Chapter 1, entitled “Administration” of the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.07 entitled “Emergency Medical Services Billing”, is hereby amended so that those Subsections set forth below shall be and read in their entirety as follows: I. ALS Emergency Mileage 15.00 Amount calculated per mile or portion thereof J. ALS Non-Emergency Mileage 15.00 Amount calculated per mile or portion thereof K. BLS Emergency Mileage 15.00 Amount calculated per mile or portion thereof L. BLS Non-Emergency Mileage 15.00 Amount calculated per mile or portion thereof X.X. Drug -Glucagon 1 mg 285.00 E.E.E. Drug -Naloxone 1 mg IV 43.20 O.O.O. Drug -Thiamine 100 mg IV 36.00 A.A.A.A. IV - Lorazepam / Ativan 35.00 B.B.B.B. IV - Haldol / Haloperidol 17.35 C.C.C.C. IV - Ondansetron / Zofran 4.50 D.D.D.D. Nitroglycerine Spray 10.10 E.E.E.E. IV - Hydromorphone / Dilaudid 6.50 F.F.F.F. IV - Hydralazine 25.38 G.G.G.G. IV - Budesonide / Pulmicort 37.50 H.H.H.H. IV - Amiodarone / Cordarone 31.25 2.04 Article VIII entitled, “Schedule of Fees” of Chapter 1, entitled “Administration” of the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.12, entitled “Community Pool”, is hereby repealed in its entirety and a new Section 8.12 entitled “Parks & Recreation” combining community pool and parks and recreation fees is adopted so that Section 8.12 shall be and read in its entirety as follows: Formatted: Font: Not Bold Formatted: Font: Arial, 12 pt Formatted: Font: (Default) Arial Formatted Table Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Left, Don't adjust space between Latin and Asian text, Tabs: 18 pt, Left Formatted Table Formatted: Font: (Default) Arial Formatted: Font: Arial, 12 pt Formatted: Normal, Left Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted Formatted: Font: Bold Formatted: Font: Not Bold Formatted: Font: Bold Formatted: Font: Bold Deleted: 136.38 Deleted: 12.65 Deleted: 3.36 ... [23] Town Council 56 of 202 Meeting Date: February 24, 2011 Section 8.12. Parks & Recreation All fees are to be paid at the time of reservation and are based on availability. Rates shown are for each reservation and are based on a two (2) hour minimum rental period. Additional rental hours will be charged at one-half (1/2) of the 2 hour rate fee set forth below. Fees are not applicable to members of the Trophy Club youth sports associations when they are participating in Trophy Club youth sports association sponsored activities. A. Reservations Resident Non-Resident 1. Harmony Soccer Field - Lighted $50.00 $80.00 2. Harmony Soccer Field – Unlighted $30.00 $60.00 3. Independence Baseball Field - Lighted $50.00 $80.00 4. Independence Baseball Field - Unlighted $30.00 $60.00 5. Pavilion Rental $50.00 $100.00 B. Trophy Club Park 1. Vehicle Entry $1.00 2. ATV/Motorcycle $12.00 3. Boat Entry $5.00 C. Community Pool Fees Pool rental fees listed below are for a minimum two (2) hour period. Resident Rates* Daily Rate $3.00 Off Season Daily Rate** $2.00 Individual Season Pass $25.00 Family Pass (Up to 4 Members) $50.00 Additional Family Members $10.00/Member Resident Guest Pass (Unassigned Pass valid for entire season) $20.00/Pass Non-Resident Rates* Daily Rate $5.00 Off Season Daily Rate** $3.00 Individual Season Pass $50.00 Family Season Pass $100.00 *Children under 35 inches admitted free of charge. Formatted: Left Formatted Table Formatted: Left Formatted Table Formatted Formatted Deleted: Amounts Deleted: separate use/session Deleted: , Deleted: Deleted: above Deleted: A session is based on 2- hour minimum. Deleted: (Effective March 1, 2007) Deleted: 1. Deleted: 3 Deleted: 4 Deleted: 5. Deleted: 6 Deleted: 7 Deleted: 8 Deleted: 2 Deleted: 45 Deleted: B. Deleted: D Deleted: Marshall Creek Deleted: (Effective May 1, 2007) Deleted: Resident Deleted: Non-Resident Deleted: 3 Deleted: ¶ Deleted: /$10¶ Deleted: ¶ Deleted: 4. Deleted: ¶ Deleted: Deleted: 65 Deleted: 6 Deleted: 4 Deleted: 90 Deleted: 2 ... [2] ... [7] ... [6] ... [10] ... [11] ... [8] ... [5] ... [9] ... [4] ... [3] ... [1] Town Council 57 of 202 Meeting Date: February 24, 2011 **”Off Season” means the period outside of the normal operating season of the Pool. Pool Rental Rates Small Pool Rental Bathers 01-50 $150.00 Large Pool Rental Bathers 01-50 $150.00 Bathers 51-80 $180.00 Bathers 81-100 $200.00 Bathers 100 Plus $250.00 Both Pool Rental (same time) Bathers 01-50 $200.00 Bathers 51-80 $250.00 Bathers 81 Plus $300.00 Spray Pad Rental $225.00 Pavilion Reservation $100.00 Community Pool Complex Rental $500.00 Deposit Charges Bathers 01-50 $100.00 Bathers 51 Plus $250.00 A Deposit Charge will be held with the application until after the reservation is completed. The minimum rental time allowed is two (2) hours. Additional rental hours will be charged at one-half (1/2) of the 2 hour rate fee set forth above. Cancellations with less than a twenty-four (24) hour notice will result in the forfeiture of the deposit. Cancellations with less than a one (1) week notice will result in the forfeiture of fifty percent (50%) of the deposit Formatted: Left Formatted Table Formatted: Left Formatted Table Deleted: 25 Deleted: 0 Deleted: Pool rental fees listed above are for a two (2) hour period. Deleted: After the initial two (2) hour period, additional rental time will be charged in increments of Deleted: per hour of use Town Council 58 of 202 Meeting Date: February 24, 2011 2.05 Article VIII entitled, “Schedule of Fees” of Chapter 1, entitled “Administration” of the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.15, entitled “Parks & Recreation”, is hereby repealed in its entirety and Section 8.16 entitled “Public Works for Public Improvement District No. 1” is renumbered to be Section 8.15 “Public Works for Public Improvement District No. 1”. SECTION 3. SAVINGS AND REPEALER This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances, whether such Ordinances are codified or uncodified, except for those instances where there are direct conflicts with the provisions of this Ordinance and where such other Ordinance(s) do not specifically state that fees contained therein take precedence. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to any such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter and by filing this Ordinance in the Ordinance records of the Town. SECTION 6. EFFECTIVE DATE This Ordinance shall take effect upon its passage and publication in accordance with the law, and it is so ordained. Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Town Council 59 of 202 Meeting Date: February 24, 2011 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 24th day of February, 2011. _______________________________ Mayor, Connie White Town of Trophy Club, Texas ATTEST: _______________________________ Town Secretary, Shannon DePrater Town of Trophy Club, Texas [SEAL] _______________________________ Town Attorney, Patricia A. Adams Town of Trophy Club, Texas Town Council 60 of 202 Meeting Date: February 24, 2011 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2011-07 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES, ENTITLED “ADMINISTRATION”, ARTICLE VIII, ENTITLED “SCHEDULE OF FEES”, PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS BY REPEALING AND AMENDING VARIOUS SECTIONS OF THE SCHEDULE OF FEES: AMENDING SECTION 8.04 ENTITLED “PLANNING & ZONING DEPARTMENT”, AMENDING SECTION 8.06, ENTITLED “ANIMAL CONTROL”, AMENDING SECTION 8.07, ENTITLED “EMERGENCY MEDICAL SERVICES BILLING”, AMENDING SECTION 8.12 ENTITLED “COMMUNITY POOL COMPLEX” BY RENAMING IT TO “PARKS & RECREATION” AND PLACING ALL PARKS, RECREATION AND POOL FEES IN SECTION 8.12, REPEALING SECTION 8.15 ENTITLED “PARKS & RECREATION” AND RENUMBERING SECTION 8.16 ENTITLED “PUBLIC WORKS FOR PUBLIC IMPROVEMENT DISTRICT NO. 1” TO SECTION 8.15 ENTITLED “PUBLIC WORKS FOR PUBLIC IMPROVEMENT DISTRICT NO. 1”; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution; and WHEREAS, Town staff has reviewed the fees that it charges for various services and has determined that based upon the costs of providing those services, and in some cases, based upon amounts charged the Town by third parties, some Town fees are in need of adjustment; and WHEREAS, Town staff is proposing both decreases and increases to Town fees; and WHEREAS, the Town Council has the authority via ordinance to establish reasonable fees to cover the costs of services provided by the Town; and WHEREAS, having reviewed the proposed cost adjustments, the Town Council finds that the proposed fee adjustments are reasonable and necessary to pay the administrative costs associated with providing services to the public; and NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Town Council 61 of 202 Meeting Date: February 24, 2011 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. AMENDMENTS 2.01 Article VIII entitled, “Schedule of Fees” of Chapter 1, entitled “Administration” of the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.04 entitled “Planning & Zoning Department”, Subsection T “Conditional Use Permit” is hereby amended so that Section 8.04 (T) shall be and read in its entirety as follows: T. Conditional Use Permit $300 + 15/acre 2.02 Article VIII entitled, “Schedule of Fees” of Chapter 1, entitled “Administration” of the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.06 entitled “Animal Control”, Subsection C “Impoundment Fee Plus Transportation Fee” and Subsection G “Euthanasia” are hereby amended so that Section 8.06(C) and Section 8.06(G) shall be and read in their entirety as follows: C. Impound Fee plus $10.00/day Transportation Fee $30.00 G. Euthanasia: Pay the following fees for euthanasia with disposal based on type and or weight of animal: Wildlife (captured in privately owned trap) $20 per animal Only if caught in a privately owned trap Adult Dog (under 30lbs) $20 per animal Adult Dog (over 30lbs) $30 per animal Adult Cat $20 per animal Kittens $20 per litter Puppies $5 per animal If caught in a private trap and surrendered to Animal Surrender fee shall apply. A single litter of kittens or puppies shall count as one surrender fee. The euthanasia fee shall be waived if the surrender fee is paid. 2.03 Article VIII entitled, “Schedule of Fees” of Chapter 1, entitled “Administration” of the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.07 entitled “Emergency Medical Services Billing”, is hereby amended so that those Subsections set forth below shall be and read in their entirety as follows: Town Council 62 of 202 Meeting Date: February 24, 2011 I. ALS Emergency Mileage 15.00 Amount calculated per mile or portion thereof J. ALS Non-Emergency Mileage 15.00 Amount calculated per mile or portion thereof K. BLS Emergency Mileage 15.00 Amount calculated per mile or portion thereof L. BLS Non-Emergency Mileage 15.00 Amount calculated per mile or portion thereof X.X. Drug -Glucagon 1 mg 285.00 E.E.E. Drug -Naloxone 1 mg IV 43.20 O.O.O. Drug -Thiamine 100 mg IV 36.00 A.A.A.A. IV - Lorazepam / Ativan 35.00 B.B.B.B. IV - Haldol / Haloperidol 17.35 C.C.C.C. IV - Ondansetron / Zofran 4.50 D.D.D.D. Nitroglycerine Spray 10.10 E.E.E.E. IV - Hydromorphone / Dilaudid 6.50 F.F.F.F. IV - Hydralazine 25.38 G.G.G.G. IV - Budesonide / Pulmicort 37.50 H.H.H.H. IV - Amiodarone / Cordarone 31.25 2.04 Article VIII entitled, “Schedule of Fees” of Chapter 1, entitled “Administration” of the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.12, entitled “Community Pool”, is hereby repealed in its entirety and a new Section 8.12 entitled “Parks & Recreation” combining community pool and parks and recreation fees is adopted so that Section 8.12 shall be and read in its entirety as follows: Section 8.12. Parks & Recreation All fees are to be paid at the time of reservation and are based on availability. Rates shown are for each reservation and are based on a two (2) hour minimum rental period. Additional rental hours will be charged at one-half (1/2) of the 2 hour rate fee set forth below. Fees are not applicable to members of the Trophy Club youth sports associations Town Council 63 of 202 Meeting Date: February 24, 2011 when they are participating in Trophy Club youth sports association sponsored activities. A. Reservations Resident Non-Resident 1. Harmony Soccer Field - Lighted $50.00 $80.00 2. Harmony Soccer Field – Unlighted $30.00 $60.00 3. Independence Baseball Field - Lighted $50.00 $80.00 4. Independence Baseball Field - Unlighted $30.00 $60.00 5. Pavilion Rental $50.00 $100.00 B. Trophy Club Park 1. Vehicle Entry $1.00 2. ATV/Motorcycle $12.00 3. Boat Entry $5.00 C. Community Pool Fees Pool rental fees listed below are for a minimum two (2) hour period. Resident Rates* Daily Rate $3.00 Off Season Daily Rate** $2.00 Individual Season Pass $25.00 Family Pass (Up to 4 Members) $50.00 Additional Family Members $10.00/Member Resident Guest Pass (Unassigned Pass valid for entire season) $20.00/Pass Non-Resident Rates* Daily Rate $5.00 Off Season Daily Rate** $3.00 Individual Season Pass $50.00 Family Season Pass $100.00 *Children under 35 inches admitted free of charge. **”Off Season” means the period outside of the normal operating season of the Pool. Pool Rental Rates Small Pool Rental Bathers 01-50 $150.00 Large Pool Rental Bathers 01-50 $150.00 Bathers 51-80 $180.00 Bathers 81-100 $200.00 Bathers 100 Plus $250.00 Town Council 64 of 202 Meeting Date: February 24, 2011 Both Pool Rental (same time) Bathers 01-50 $200.00 Bathers 51-80 $250.00 Bathers 81 Plus $300.00 Spray Pad Rental $225.00 Pavilion Reservation $100.00 Community Pool Complex Rental $500.00 Deposit Charges Bathers 01-50 $100.00 Bathers 51 Plus $250.00 A Deposit Charge will be held with the application until after the reservation is completed. The minimum rental time allowed is two (2) hours. Additional rental hours will be charged at one-half (1/2) of the 2 hour rate fee set forth above. Cancellations with less than a twenty-four (24) hour notice will result in the forfeiture of the deposit. Cancellations with less than a one (1) week notice will result in the forfeiture of fifty percent (50%) of the deposit 2.05 Article VIII entitled, “Schedule of Fees” of Chapter 1, entitled “Administration” of the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.15, entitled “Parks & Recreation”, is hereby repealed in its entirety and Section 8.16 entitled “Public Works for Public Improvement District No. 1” is renumbered to be Section 8.15 “Public Works for Public Improvement District No. 1”. SECTION 3. SAVINGS AND REPEALER This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances, whether such Ordinances are codified or uncodified, except for those instances where there are direct conflicts with the provisions of this Ordinance and where such other Ordinance(s) do not specifically state that fees contained therein take precedence. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to any such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect. Town Council 65 of 202 Meeting Date: February 24, 2011 SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter and by filing this Ordinance in the Ordinance records of the Town. SECTION 6. EFFECTIVE DATE This Ordinance shall take effect upon its passage and publication in accordance with the law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 24th day of February, 2011. _______________________________ Mayor, Connie White Town of Trophy Club, Texas ATTEST: _______________________________ Town Secretary, Shannon DePrater Town of Trophy Club, Texas [SEAL] _______________________________ Town Attorney, Patricia A. Adams Town of Trophy Club, Texas Town Council 66 of 202 Meeting Date: February 24, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-72-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/15/2011 Town Council On agenda:Final action:2/24/2011 Title:Consider and take appropriate action regarding an Agreement for Professional Services with Freese and Nichols to conduct a drainage analysis of the Town in an amount not to exceed $87,900.00, and authorizing the Town Manager to execute all necessary documents. Attachments:Staff Report - Drainage Analysis - TC Feb 24 2011.pdf Agreement for Professional Services.pdf TC Council 2-24-11.pdf Action ByDate Action ResultVer. Title Consider and take appropriate action regarding an Agreement for Professional Services with Freese and Nichols to conduct a drainage analysis of the Town in an amount not to exceed $87,900.00, and authorizing the Town Manager to execute all necessary documents. Goals Goal #5: A community in which the infrastructure supports its residents Develop a realistic Capital Improvement Plan Build a premier parks system Attracts visitors to park destinations Provide necessary resources to maintain all improvements, new and existing Town Council 67 of 202 Meeting Date: February 24, 2011 TOWN COUNCIL STAFF REPORT February 24, 2011 Drainage Study SUBJECT: Consider and take appropriate action to approve an Agreement for Professional Services with Freese and Nichols to conduct a drainage analysis of the Town, with a not to exceed fee of $87,900.00, authorizing the Town Manager to execute all necessary documents. On January 3, 2011, the Town Council authorized the Town Manager to enter into negotiations with an engineering firm to conduct a drainage analysis of the Town. The Town Manager has completed negotiations with Freese and Nichols, Inc. (FNI) and attached is an “Agreement for Professional Services” for Council approval. The agreement proposes a scope of work in three phases. The first phase is authorized with this agreement, and each subsequent phase will require authorization from the Town Manager. Compensation: FNI shall perform professional services as outlined in the “Scope of Services” for a total not to exceed fee of $87,900.00 to include Basis Services lump sum fee of $70,300 and Special Services lump sum fee of $17,600. Phase 1 Analysis of four major study areas: (1) Trophy Club Drive at Marshall Branch Channel Crossing (2) Skyline Creek Channel Analysis (3) The Knoll/Overhill Drive Drainage Analysis (4) Fresh Meadow/Inverness Pond and Local Drainage Analysis Subsequent phases that will require authorization: Phase 2 Study of remaining closed drainage systems within the Town to determine adequate capacity. Identifying and ranking potential drainage improvements for problem areas within the Town; and developing a Storm Water Capital Town Council 68 of 202 Meeting Date: February 24, 2011 Improvement Plan (CIP) to implement the most severe/highest priority CIP projects for the Town. Phase 3 Pursue grant funding and coalitions with surrounding communities to fund a regional study of Marshall Branch and Indian Creek watersheds. Evaluate the adequacy of the Town storm water utility fee and the change in fee necessary to fund identified improvements. RECOMMENDATION: A motion to approve the “Agreement for Professional Services” contract with Freese and Nichols, with a not to exceed fee of $87,900.00, and authorizing the Town Manager to execute all necessary documents. Town Council 69 of 202 Meeting Date: February 24, 2011 L:\Resources\cbs\T\TrophyClub\Master Plan\Contract AGREEMENT FOR PROFESSIONAL SERVICES STATE OF TEXAS § COUNTY OF TARRANT § This Agreement for Professional Services, hereinafter called “AGREEMENT” is entered into by TOWN OF TROPHY CLUB, TEXAS, hereinafter called “TOWN” and Freese and Nichols, Inc., hereinafter called “FNI.” In consideration of the AGREEMENTS herein, the parties agree as follows: I. EMPLOYMENT OF FNI: In accordance with the terms of this AGREEMENT: TOWN agrees to employ FNI; FNI agrees to perform professional services in connection with the Project; TOWN agrees to pay to FNI compensation. The Project is described as follows: Trophy Club Storm Water Master Plan, Phase I authorized; future phases to be authorized by contract amendment. II. SCOPE OF SERVICES: FNI shall render professional services in connection with Project as set forth in Attachment SC - Scope of Services and Responsibilities of TOWN which is attached to and made a part of this AGREEMENT. III. COMPENSATION: TOWN agrees to pay FNI for all professional services rendered under this AGREEMENT in accordance with Attachment CO - Compensation which is attached hereto and made a part of this AGREEMENT. FNI shall perform professional services as outlined in the “Scope of Services” for a total not to exceed fee of $87,900.00 to include Basis Services lump sum fee of $70,300 and Special Services is a lump sum fee of $17,600. Details concerning the fee are included in Attachment CO. If FNI’s services are delayed or suspended by TOWN, or if FNI’s services are extended for more than 60 days through no fault of FNI, FNI shall be entitled to equitable adjustment of rates and amounts of compensation to reflect reasonable costs incurred by FNI in connection with such delay or suspension and reactivation and the fact that the time for performance under this AGREEMENT has been revised. IV. TERMS AND CONDITIONS OF AGREEMENT: The Terms and Conditions of Agreement as set forth in Attachment TC shall govern the relationship between the TOWN and FNI. Nothing under this AGREEMENT shall be construed to give any rights or benefits in this AGREEMENT to anyone other than TOWN and FNI, and all duties and responsibilities undertaken pursuant to this AGREEMENT will be for the sole and exclusive benefit of TOWN and FNI and not for the benefit of any other party. This AGREEMENT constitutes the entire AGREEMENT between TOWN and FNI and supersedes all prior written or oral understandings. This contract is executed in two counterparts. IN TESTIMONY HEREOF, they have executed this AGREEMENT, the _____ day of _______________, 2011 . ATTEST: TOWN OF TROPHY CLUB, TEXAS (TOWN) By: Printed or Typed Name and Title ATTEST: FREESE AND NICHOLS, INC. (FNI) By: Printed or Typed Name and Title Town Council 70 of 202 Meeting Date: February 24, 2011 L:\Resources\cbs\T\TrophyClub\Master Plan\Contract FNI______ SC-1 TOWN______ ATTACHMENT SC SCOPE OF SERVICES AND RESPONSIBILITIES OF TOWN ARTICLE I BASIC SERVICES: FNI shall render the following professional services in connection with the development of the Project: The purpose of this scope of work is to provide a phased approach to a comprehensive Storm Water Master Plan for the Town of Trophy Club (TOWN). Freese and Nichols, Inc. (FNI) proposes to perform the work in three phases. The first phase will be initially authorized and each subsequent phase will require additional authorization. FNI proposes the following scope of work to include: Phase 1: Analysis of 6 identified drainage problems areas within the TOWN and identification of proposed construction improvements for each area. ; Phase 2: Study of remaining closed drainage systems within the TOWN to determine adequate capacity. Identifying and ranking potential drainage improvements for problem areas within the TOWN; and Developing a Storm Water CIP to implement the most severe/highest priority CIP projects for the TOWN. Phase 3: Pursue grant funding and coalitions with surrounding communities to fund regional study of Marshal Branch and Indian Creek watersheds. Evaluate the adequacy of the TOWN storm water utility fee and the change in fee necessary to fund identified improvements. Project deliverables will include a Storm Water CIP Summary Report that includes identified problem area descriptions, preliminary evaluation methodology and results, CIP ranking procedures and results, proposed CIP alternatives and opinions of probable construction cost. Phase I – Study of Known Problem Areas A. Project Management and Meetings a. Project Kickoff Meeting: Meet with TOWN to review scope and schedule of the Project and critical Project milestones. FNI will present a memorandum outlining data needed for the Project and will review the data request memorandum with TOWN to determine what data and data format is available from TOWN. b. FNI will conduct one (1) meeting with TOWN after Data Collection is complete. This meeting will be to review field visits and summarize problems identified and confirm the Project Areas to be studied in more detail in the next project task. c. Conduct one public meeting with residents to obtain input, information on historical drainage concerns and to assist in determining project priorities. d. Provide TOWN Council Update: Attend up to two (2) TOWN Council meeting to update Council on the results of the analysis. B. Data Collection a. FNI will obtain existing drainage criteria and drainage ordinances utilized by the TOWN. b. FNI will obtain available GIS, topographic maps, zoning maps, thoroughfare master plan, previous studies and land use maps from TOWN. FNI will prepare a TOWN basemap using the collected information. c. FNI will coordinate with TOWN to request all FEMA data from the FEMA library including FIS studies, current FIRM maps, effective hydrologic and hydraulic models and work maps. d. FNI will obtain “As-Built” plans for culvert/bridge crossings and channel improvements for identified project areas. Town Council 71 of 202 Meeting Date: February 24, 2011 L:\Resources\cbs\T\TrophyClub\Master Plan\Contract FNI______ SC-2 TOWN______ e. FNI will interview TOWN’s staff to confirm recurring flood problems such as flooding damage, road overtopping, major erosion concerns and damage to TOWN infrastructure. f. Perform one (1) field visits to observe and photograph identified project areas. C. Study of Identified Project Areas The TOWN has provided a preliminary list of six (6) identified potential drainage improvement projects. During the scoping phase of this project, the identified projects were combined into four (4) major study areas. This first phase of the contract will be to study the four areas as outlined and further described below, and to identify improvements for future design projects. FNI will provide the TOWN with information regarding existing conditions, alternative project development, and construction cost opinions. The following is the preliminary list of drainage projects: # Project Area Description 1 Trophy Club Drive at Marshall Branch Channel Crossing 2 Skyline Creek Channel Analysis 3 The Knoll/Overhill Drive Drainage Analysis 4 Fresh Meadow/Inverness Pond and Local Drainage analysis a. Existing Condition Hydrologic and Hydraulic Analyses 1. Trophy Club Drive at Marshall Branch Channel Crossing Analysis i. FNI will obtain and utilize existing Hydrologic and Hydraulic models of Marshall Branch for this analysis. This scope assumes that existing hydrologic and hydraulic models are available for use in this analysis. ii. Obtain field survey of the current Trophy Club Drive crossing and field survey four (4) representative cross sections upstream and downstream of the crossing. iii. Determine existing return event capacity for the crossing and document depths of expected overtopping for the 2-, 10-, 25- and 100-year storms. This documentation will include the storm event that first exceeds TOWN’s right-of-way, and the storm event that first causes structure flooding. Structure finish floor elevations will be estimated from two-foot topography. iv. Determined required crossing improvement sizing. Size up to three (3) alternative scenarios as follows: 100-year bridge improvements, 100-year culvert improvements and a culvert improvement scenario for a lower return event as determined in consultation with TOWN staff. v. Deliverable will be schematic layout with sizing information appropriate to begin final design. 2. Indian Creek Channel Study Three identified problem areas, the Indian Creek Crossing at Greenleaf Drive, the Indian Creek Crossing at Indian Creek Drive and home flooding on Skyline Drive are combined into a channel study of Indian Creek between T.W. King Drive and the Golf Course, approximately 2,300 linear feet of channel analysis. The purpose of the channel analysis will be to identify the limits of existing floodplain and the depth of overtopping at the two roadway crossings. The study will identify recommended improvement sizing and propose projects for future design. Town Council 72 of 202 Meeting Date: February 24, 2011 L:\Resources\cbs\T\TrophyClub\Master Plan\Contract FNI______ SC-3 TOWN______ i. FNI will obtain and utilize existing Hydrologic and Hydraulic models of Indian Creek for this analysis. This scope assumes that existing hydrologic and hydraulic models are available for use in this analysis. ii. Obtain field survey of fifteen (15) representative channel cross-sections on approximately 100-foot intervals and at the crossings of Greenleaf Drive and Indian Creek Drive. iii. FNI will modify hydrologic models to determine discharges for fully developed watershed conditions at up to three design points. iv. Utilizing channel survey cross-sections and available two-foot topography, modify existing hydraulic models to create a representative model for existing conditions. v. Based on two foot topography, identify number and location of residential structures within the existing 100-year floodplain. Structure finish floor elevations will be estimated from two-foot topography. vi. FNI will provide up to two channel improvement scenarios and up to two alternative crossing alignments at Indian Creek and Greenleaf Drives vii. Project deliverables will include existing conditions floodplain maps, plan view exhibits with conceptual improvement sizing, typical cross-section drawings and opinions of probable cost for both channels and both crossing impacts described in Section vi above. 3. Overhill Drive Drainage Analysis i. FNI will review the existing detention pond and outflow structure on the golf course using the existing calculations and plans as provided by the TOWN to verify inflow and outflow rates. ii. FNI will review the closed system calculations prepared by Teague, Nall, & Perkins (TNP) for the Overhill Drive, Timber Ridge Drive and Indian Creek Outfall drainage system. iii. FNI will document findings and recommend improvements if necessary. 4. Fresh Meadow/Inverness Drainage Analysis i. FNI will delineate local watershed basins describing on-site and off-site drainage areas and flow patterns. ii. Obtain field survey of the pond outfall, dam, surrounding grading and approximately 300 feet of downstream channel. iii. FNI will analyze the existing pond and outfall structure on Trophy Club Country Club Golf Course to determine its storage and outflow capacities. iv. The channel and grading downstream of the pond will be analyzed to document existing conditions. v. Analyze existing drainage system in Fresh Meadow Drive Cul-de-sac to determine existing design capacity. vi. Recommend improvements to closed drainage system and inlets in Fresh Meadow Cul de Sac to direct flows away from existing residential structures. vii. Recommend modifications to pond outfall, spillway, and downstream channel to alleviate flooding of homes in Fresh Meadow Cul de Sac. viii. Deliverables will be plan view exhibits with conceptual sizing and opinions of probable cost for both channel and both crossing improvement alternatives as described in Section vi above. Town Council 73 of 202 Meeting Date: February 24, 2011 L:\Resources\cbs\T\TrophyClub\Master Plan\Contract FNI______ SC-4 TOWN______ b. Alternative Analyses i. Evaluate structural or non-structural alternatives such as watershed management strategies, detention, buy-outs, increased capacity or diversion of flow to alleviate existing or potential problems identified. One alternative will be selected with TOWN coordination to finalize modeling. ii. Prepare conceptual exhibits of selected alternative and opinion of probable construction costs. These opinions of probable construction costs will be adequate for budgeting purposes only, and will include land acquisition costs if applicable. Long term loss tax revenue and maintenance costs will not be included. Right-of- way, easements or utility conflicts will not be identified in this scope unless this information is supplied by TOWN. iii. Prepare documentation on the selected alternative and document what structures may have potential for continued flooding given the selected alternative. iv. Conduct one (1) meeting with TOWN after Alternative Analyses are complete. This meeting will be to present results of alternative drainage improvements for each Project Area. D. Report Development a. FNI will prepare a Storm Water Summary Report that includes the identified problem area descriptions, preliminary evaluation methodology and results, proposed alternatives, exhibits and opinions of probable construction cost. b. FNI will develop and deliver two (2) hard copies of the draft summary report. c. FNI will receive and incorporate TOWN comments to the draft summary report. d. FNI will develop and deliver two (2) hard copies of each final summary report. e. A CD will be included in the final report which will contain electronic files of the reports, models, exhibits, base mapping topography, orthophotographs, land use, and soils information. Phase II – Closed Storm Drain System Capital Improvement Program Phase II of this contract is to be negotiated and authorized upon completion of Phase I of the project, as deemed necessary by Town staff and Council. A detailed fee will be provided at the time that authorization is requested by the TOWN. Phase II of this project includes analysis of the remaining closed storm drainage systems in the Town of Trophy Club. These systems will be identified based on site visits with TOWN staff and as shown on the TOWN’s available GIS database. Each system will be analyzed to determine existing conditions capacity and improvements will be recommended for each deficient system to meet the TOWN’s design criteria for fully-developed watershed conditions. The recommended improvements will include opinions of probable construction cost. A ranking system will be created, with priorities determined in consultation with TOWN staff. Rankings will be utilized to develop a Capital Improvements Program (CIP) to guide and prioritize future drainage improvements construction in the TOWN. Improvement projects identified in Phase I of this project will be incorporated into the CIP Rankings. It is anticipated that approximately 10 local drainage areas will be evaluated in this phase of the Contract. E. CIP Development a. FNI will develop a ranking procedure to apply methodically to alternatives selected by TOWN. b. FNI will coordinate with TOWN to adjust the ranking procedures to conform to TOWN specific requirements and gain staff input. Town Council 74 of 202 Meeting Date: February 24, 2011 L:\Resources\cbs\T\TrophyClub\Master Plan\Contract FNI______ SC-5 TOWN______ c. FNI will finalize list of Projects that are ranked on a TOWN-wide basis. Coordinate with TOWN staff to discuss potential mechanisms to fund Projects and the timing of expected Project implementation. d. FNI will conduct one (1) Council Workshop Presentation with TOWN Staff and TOWN Council to present findings of CIP study, list potential Projects, funding mechanisms and the timing of expected Project implementation. Meeting also intended to gain feedback from TOWN Council on potential Projects. e. FNI will conduct one (1) Council Meeting Presentation with TOWN Staff, TOWN Council and general public to present findings of CIP study, list potential Projects, funding mechanisms and the timing of expected Project implementation. F. Report Development a. FNI will prepare a Storm Water CIP Summary Report that includes identified problem area descriptions, preliminary evaluation methodology and results, CIP ranking procedures and results, problem areas selected for detailed study, proposed CIP alternatives, exhibits and opinions of probable construction cost. b. FNI will develop and deliver two (2) hard copies of the draft CIP report. c. FNI will receive and incorporate TOWN comments to the draft CIP report. d. FNI will develop and deliver two (2) hard copies of each final CIP report. e. A CD will be included in the final report which will contain electronic files of the reports, models, exhibits, base mapping topography, orthophotographs, land use, and soils information. Phase III – Open Channel Regional Study Grant Funding Considerations Phase III of this contract is to be negotiated and authorized at a future time as deemed necessary by TOWN staff and council. A detailed fee will be provided at the time that authorization is requested by the TOWN. G. Coordination with adjacent communities a. Identify neighboring communities with watershed area impacting open channels in the Town of Trophy Club. b. Upon concurrence with Town staff, conduct meetings with adjacent communities to facilitate interlocal agreements for basin-wide drainage studies. c. Prepare up to three (3) grant applications to fund watershed planning studies as directed by Town staff. SPECIAL SERVICES: FNI shall render the following professional services in connection with the development of the Project: H. Field Survey (Brittain and Crawford) a. A survey budget of $17,600.00 has been established for the survey data described in the above Phase I scope. The detailed field survey is needed for the project to supplement project data assuming plans and field conditions are in discrepancy or plans are not available. This task will be billed on a lump sum basis for percentage of survey completed each month. If additional survey is needed above that outlined in this scope, FNI may request and TOWN may authorize additional services. Town Council 75 of 202 Meeting Date: February 24, 2011 L:\Resources\cbs\T\TrophyClub\Master Plan\Contract FNI______ SC-6 TOWN______ ARTICLE II ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by TOWN, which are not included in the above described basic services, are described as follows: A. Making revisions to drawings, specifications or other documents when such revisions are 1) not consistent with approvals or instructions previously given by TOWN or 2) due to other causes not solely within the control of FNI. B. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications in addition to those provided pursuant to Section G under Phase III. C. Preparing data and reports for assistance to TOWN in preparation for hearings before regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. D. Assisting TOWN in preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with Contractor(s). E. Assisting TOWN in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT. Such services, if any, shall be furnished by FNI on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. F. Providing environmental support services including the design and implementation of ecological baseline studies, environmental monitoring, impact assessment and analyses, permitting assistance, and other assistance required to address environmental issues. G. Visits to the site in excess of the number of trips included in Article I for periodic site visits, coordination meetings, or contract completion activities. H. Providing services after the completion of the construction phase not specifically listed in Article I. I. Providing basic or additional services on an accelerated time schedule. The scope of this service include cost for overtime wages of employees and consultants, inefficiencies in work sequence and plotting or reproduction costs directly attributable to an accelerated time schedule directed by the TOWN. J. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form. K. Preparing statements for invoicing or other documentation for billing other than for the standard invoice for services attached to this professional services agreement. L. Provide Geotechnical investigations, studies and reports. Town Council 76 of 202 Meeting Date: February 24, 2011 L:\Resources\cbs\T\TrophyClub\Master Plan\Contract FNI______ SC-7 TOWN______ ARTICLE III TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this AGREEMENT and agrees to complete the services in accordance with the following schedule: Phase I shall be completed within six (6) months of Notice-to-Proceed. Schedule for future Phases shall be determined upon authorization. If FNI’s services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule consistent with the number of days of delay. These delays may include but are not limited to delays in TOWN or regulatory reviews, delays on the flow of information to be provided to FNI by TOWN, governmental approvals, etc. These delays may result in an adjustment to compensation as outlined on the face of this AGREEMENT and in Attachment CO. FNI shall notify Town of the existence of the delay and request for additional time within seven (7) days of delaying event and specify amount of additional time requested. Additional time shall be at the discretion of Town. ARTICLE IV RESPONSIBILITIES OF TOWN: TOWN shall perform the following in a timely manner so as not to delay the services of FNI: A. Designate in writing a person to act as TOWN’s representative with respect to the services to be rendered under this AGREEMENT. Such person shall have contract authority to transmit instructions, receive information, interpret and define TOWN’s policies and decisions with respect to FNI’s services for the Project. B. Provide all criteria and full information as to TOWN’s requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which TOWN will require to be included in the drawings and specifications. C. Assist FNI by placing at FNI’s disposal all information accessible to Town pertinent to the Project including previous reports and any other data relative to design or construction of the Project. D. Use reasonable efforts to arrange for access to and make all provisions for FNI to enter upon public and private property as required for FNI to perform services under this AGREEMENT. E. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as TOWN deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of FNI. F. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. G. Give prompt written notice to FNI whenever TOWN observes or otherwise becomes aware of any development that affects the scope or timing of FNI’s services, or any defect or nonconformance of the work of any Contractor. H. Furnish, or direct FNI to provide, if authorized by Town, Additional Services as stipulated in Attachment SC, Article II of this AGREEMENT or other services as required. Town Council 77 of 202 Meeting Date: February 24, 2011 L:\Resources\cbs\T\TrophyClub\Master Plan\Contract FNI______ SC-8 TOWN______ I. Bear all costs incident to compliance with the requirements of this Article IV. ARTICLE V DESIGNATED REPRESENTATIVES: FNI and TOWN designate the following representatives: TOWN’s Designated Representative - Name: Address: Phone: Fax: E-mail: TOWN’s Accounting Representative - Name: Address: Phone: Fax: E-mail: FNI’s Project Manager – Kelly Dillard, P.E., CFM 4055 International Plaza, Suite 200 Fort Worth, TX 76109 Phone: 817-735-7313 Fax: 817-735-7491 E-mail: kdd@freese.com FNI’s Accounting Representative – Patti Allen 4055 International Plaza, Ste 200 Fort Worth, Texas 76109 Phone: 817-735-7466 Fax: 817-735-7491 E-mail: pla@freese.com Town Council 78 of 202 Meeting Date: February 24, 2011 ATTACHMENT CO L:\Resources\cbs\T\TrophyClub\Master Plan\Contract FNI______ CO-1 TOWN______ COMPENSATION A. Basic Services – Lump Sum: The total fee for Basic Services in Attachment SC shall be computed on a lump sum basis as detailed below. If FNI sees the Scope of Services changing so that Additional Services are needed, including but not limited to those services described as Additional Services in Attachment SC, FNI will notify TOWN for TOWN’s approval before proceeding. Additional services shall be computed based on the Schedule of Charges. BASIC SERVICES – PHASE I: A. Project Management and Meetings $15,600 B. Data Collection and Project Development $ 6,400 C. Trophy Club Drive Channel Crossing Analysis $14,200 D. Indian Creek Channel Analysis $13,300 E. Overhill Drive Drainage Review $ 4,000 F. Fresh Meadow/Inverness Pond Analysis $ 8,300 G. Report Development $ 8,500 BASIC SERVICES TOTAL $70,300 Special Services – Lump Sum: The total fee for Basic Services in Attachment SC shall be computed on a lump sum basis as detailed below. If FNI sees the Scope of Services changing so that Additional Services are needed, including but not limited to those services described as Additional Services in Attachment SC, FNI will notify TOWN for TOWN’s approval before proceeding. Additional services shall be computed based on the Schedule of Charges. SPECIAL SERVICES: H. Field Survey $17,600 SPECIAL SERVICES TOTAL $17,600 PROJECT TOTAL FOR BASIC AND SPECIAL SERVICES: $87,900 B. Schedule of Charges: Staff Member Salary Cost Times Multiplier of 2.14 Resident Representative Salary Cost Times Multiplier of 2.0 Salary Cost is defined as the cost of payroll of engineers, draftsmen, stenographers, surveymen, clerks, laborers, etc., for the time directly chargeable to the project, plus social security contributions, unemployment compensation insurance, retirement benefits, medical and insurance benefits, longevity payments, sick leave, vacation and holiday pay applicable thereto. Other Direct Expenses Actual Cost Times Multiplier of 1.10 Other direct expenses shall include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from Fort Worth and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff members. For CAD services performed In-house by non-FNI employees where FNI provides workspace and equipment to perform such services, these services will be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performing the same or similar services. Town Council 79 of 202 Meeting Date: February 24, 2011 ATTACHMENT CO L:\Resources\cbs\T\TrophyClub\Master Plan\Contract FNI______ CO-2 TOWN______ Rates for In-house Services Computer Printing $10.00 per hour Black and White $0.10 per copy Plotter Color Bond $ 2.50 per plot $0.50 per copy Special $ 5.00 per plot Color $ 5.75 per plot Binding $5.75 per book Testing Apparatus Density Meter $700.00 per month Gas Detection $ 20.00 per test 3-10-04 365 Town Council 80 of 202 Meeting Date: February 24, 2011 Page 1of 2 FNI__________ OWNER__________ 10-25-07 ATTACHMENT TC TERMS AND CONDITIONS OF AGREEMENT 1. DEFINITIONS: The term Owner as used herein refers to the Town of Trophy Club, Texas . The term FNI as used herein refers to Freese and Nichols, Inc., its employees and agents; also its subcontractors and their employees and agents. As used herein, Services refers to the professional services performed by Freese and Nichols pursuant to the AGREEMENT. 2. CHANGES: Owner, without invalidating the AGREEMENT, may order changes within the general scope of the WORK required by the AGREEMENT by altering, adding to and/or deducting from the WORK to be performed. If any change under this clause causes an increase or decrease in FNI's cost of, or the time required for, the performance of any part of the Services under the AGREEMENT, an equitable adjustment will be made by mutual agreement and the AGREEMENT modified in writing accordingly. 3. TERMINATION: The obligation to provide services under this AGREEMENT may be terminated by either party upon ten days' written notice. In the event of termination, FNI will be paid for all services rendered and reimbursable expenses incurred to the date of termination and, in addition, all reimbursable expenses directly attributable to termination. FNI shall provide Owner with work product developed to the date of termination, whether complete or incomplete,and all work product shall be provided in an electronic form as specified by Owner. 4. CONSEQUENTIAL DAMAGES: In no event shall FNI or its subcontractors be liable in contract, tort, strict liability, warranty, or otherwise for any special, indirect, incidental or consequential damages, such as loss of product, loss of use of the equipment or system, loss of anticipated profits or revenue, non-operation or increased expense of operation or other equipment or systems. 5. INFORMATION FURNISHED BY OWNER: Owner will assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. FNI shall have no liability for defects or negligence in the Services attributable to FNI's reliance upon or use of data, design criteria, drawings, specifications or other information furnished by Owner and to the extent allowed by law Owner agrees to indemnify and hold FNI harmless from any and all claims and judgments, and all losses, costs and expenses arising therefrom. FNI shall disclose to Owner, prior to use thereof, defects or omissions in the data, design criteria, drawings, specifications or other information furnished by Owner to FNI that FNI may reasonably discover in its review and inspection thereof. 6. INSURANCE: FNI shall provide to Owner certificates of insurance which shall contain the following minimum coverage (All limits in thousands): Commercial General Liability Workers' Compensation General Aggregate $2,000 Each Accident $500 Automobile Liability (Any Auto) Professional Liability CSL $1,000 $3,000 Annual Aggregate 7. SUBCONTRACTS: If, for any reason, at any time during the progress of providing Services, Owner determines that any subcontractor for FNI is incompetent or undesirable, Owner will notify FNI accordingly and FNI shall take immediate steps for cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in the AGREEMENT shall create any contractual relation between any subcontractor and Owner. 8. OWNERSHIP OF DOCUMENTS: All drawings, reports data and other project information developed in the execution of the Services provided under this AGREEMENT shall be the property of the Owner upon payment of FNI's fees for services. FNI may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for reuse by Owner or others. Any reuse by Owner or by those who obtained said documents from Owner without written verification or adaptation by FNI will be at Owner's sole risk and without liability or legal exposure to FNI, or to FNI's independent associates or consultants, and to the extent allowed by law, Owner shall indemnify and hold harmless FNI and FNI's independent associates and consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle FNI to further reasonable compensation. FNI may reuse all drawings, report data and other project information in the execution of the Services provided under this AGREEMENT in FNI's other activities. Any reuse by FNI will be at FNI's sole risk and without liability or legal exposure to Owner, and FNI shall indemnify and hold harmless Owner from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Town Council 81 of 202 Meeting Date: February 24, 2011 Page 2of 2 FNI__________ OWNER__________ 9. POLLUTANTS AND HAZARDOUS WASTES: It is understood and agreed that FNI has neither created nor contributed to the creation or existence of any hazardous, radioactive, toxic, irritant, pollutant, or otherwise dangerous substance or condition at the site, if any, and its compensation hereunder is in no way commensurate with the potential risk of injury or loss that may be caused by exposures to such substances or conditions. The parties agree that in performing the Services required by this AGREEMENT, FNI does not take possession or control of the subject site, but acts as an invitee in performing the services, and is not therefore responsible for the existence of any pollutant present on or migrating from the site. Further, FNI shall have no responsibility for any pollutant during clean-up, transportation, storage or disposal activities. 10. OPINION OF PROBABLE COSTS: FNI will furnish an opinion of probable project development cost based on present day cost, but does not guarantee the accuracy of such estimates. Opinions of probable cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs prepared by FNI hereunder will be made on the basis of FNI’s experience and qualifications and represent FNI's judgment as an experienced and qualified design professional. It is recognized, however, that FNI does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractors' methods of determining their prices. 11. PAYMENT: Progress payments may be requested by FNI based on the amount of services completed. Payment for the services of FNI shall be due and payable upon submission of a statement for services to OWNER and in acceptance of the services as satisfactory by the OWNER. Statements for services shall not be submitted more frequently than monthly. If OWNER fails to make any payment due FNI for services and expenses within thirty (30) days after receipt of FNI's statement for services therefore, the amounts due FNI will be increased at the rate of one percent (1%) per month from said thirtieth (30th) day, and, in addition, FNI may, after giving seven (7) days' written notice to OWNER, suspend services under this AGREEMENT until FNI has been paid in full, all amounts due for services, expenses and charges. 12. ARBITRATION: No arbitration arising out of, or relating to, this AGREEMENT involving one party to this AGREEMENT may include the other party to this AGREEMENT without their approval. 13. SUCCESSORS AND ASSIGNMENTS: OWNER and FNI each are hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and FNI are hereby bound to the other party to this AGREEMENT and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this AGREEMENT. Neither OWNER nor FNI shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this AGREEMENT without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this AGREEMENT. Nothing contained in this paragraph shall prevent FNI from employing such independent associates and consultants as FNI may deem appropriate to assist in the performance of services hereunder. 14. PURCHASE ORDERS: If a Purchase Order is used to authorize FNI's Services, only the terms, conditions/instructions typed on the face of the Purchase Order shall apply to this AGREEMENT. Should there be any conflict between the Purchase Order and the terms of this AGREEMENT, then this AGREEMENT shall prevail and shall be determinative of the conflict. Town Council 82 of 202 Meeting Date: February 24, 2011 TM ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADD'L LTR INSRD DATE (MM/DD/YYYY) PRODUCER INSURED POLICY EFFECTIVE POLICY EXPIRATIONPOLICY NUMBER LIMITSDATE (MM/DD/YY) DATE (MM/DD/YY)TYPE OF INSURANCE GENERAL LIABILITY AUTOMOBILE LIABILITY GARAGE LIABILITY EXCESS/UMBRELLA LIABILITY WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS AUTHORIZED REPRESENTATIVE INSURER A: INSURER B: INSURER C: INSURER D: INSURER E: EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurence) CLAIMS MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG $ PRO-POLICY LOCJECT COMBINED SINGLE LIMIT $(Ea accident)ANY AUTO ALL OWNED AUTOS BODILY INJURY $(Per person)SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $(Per accident)NON-OWNED AUTOS PROPERTY DAMAGE $(Per accident) AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC $OTHER THAN AUTO ONLY:AGG $ EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $$ WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $SPECIAL PROVISIONS below THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # COVERAGES CERTIFICATE HOLDER CANCELLATION ACORD 25 (2001/08)ACORD CORPORATION 1988cO ACORD CERTIFICATE OF LIABILITY INSURANCE 2/14/2011 Fax: 817-870-0310Phone: 817-820-8144 HUB Rigg 777 Main St, C-50 Fort Worth TX 76102 HARTFORD CAS INS CO 29424 Freese and Nichols, Inc. 4055 International Plz #200 Fort Worth TX 76109 HARTFORD ACCID & IND CO 22357 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. A X 46UUNNW0133 10/23/2010 10/23/2011 1,000,000 X 300,000 X 5,000 1,000,000 2,000,000 2,000,000 X A X 46UUNNW0133 10/23/2010 10/23/2011 1,000,000X X X A X 46XHULO9889 10/23/2010 10/23/2011 10,000,000 X 10,000,000 X 10,000 XB46WBZH740710/23/2010 10/23/2011 1,000,000 1,000,000 1,000,000 Storm Wter Master Plan Phase I Blanket Additional Insured with Blanket Waiver of Subrogation Per Written Contract Town of Trophy Club, a municipal corporation of the State of Texas, and all associated, affiliated, allied and subsidiary entities of the Municipality, now existing or hereafter created, and their respective officers, boards, commissions, employees, agents and contractors, as their respective interests may appear as additional insureds under the Blanket Additional Insured Endorsement for General Liability and Auto with a Blanket Waiver of Subrogation on the General Liability, Auto and Workers Compensation. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 60 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Town of Trophy Club 100 Municipal Drive Trophy Club TX 76262 Town Council 83 of 202 Meeting Date: February 24, 2011 ACORD 25 (2001/08) If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. DISCLAIMER IMPORTANT Town Council 84 of 202 Meeting Date: February 24, 2011 TM ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADD'L LTR INSRD DATE (MM/DD/YYYY) PRODUCER INSURED POLICY EFFECTIVE POLICY EXPIRATIONPOLICY NUMBER LIMITSDATE (MM/DD/YY) DATE (MM/DD/YY)TYPE OF INSURANCE GENERAL LIABILITY AUTOMOBILE LIABILITY GARAGE LIABILITY EXCESS/UMBRELLA LIABILITY WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS AUTHORIZED REPRESENTATIVE INSURER A: INSURER B: INSURER C: INSURER D: INSURER E: EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurence) CLAIMS MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG $ PRO-POLICY LOCJECT COMBINED SINGLE LIMIT $(Ea accident)ANY AUTO ALL OWNED AUTOS BODILY INJURY $(Per person)SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $(Per accident)NON-OWNED AUTOS PROPERTY DAMAGE $(Per accident) AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC $OTHER THAN AUTO ONLY:AGG $ EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $$ WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $SPECIAL PROVISIONS below THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # COVERAGES CERTIFICATE HOLDER CANCELLATION ACORD 25 (2001/08)ACORD CORPORATION 1988cO ACORD CERTIFICATE OF LIABILITY INSURANCE 2/14/2011 Fax: 817-870-0310Phone: 817-820-8100 HUB Rigg 777 Main St, C-50 Fort Worth TX 76102 Continental Casualty Company 20443 Freese and Nichols, Inc. 4055 International Plz #200 Fort Worth TX 76109 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. A AEH008214422 12/30/2010 12/30/2011 $5,000,000 $10,000,000 Claims Made AggregateProfessional Claims Made Retro Date 11/1/196 Storm Water Master Plan Phase I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. Town of Trophy Club 100 Municipal Drive Trophy Club TX 76262 Town Council 85 of 202 Meeting Date: February 24, 2011 ACORD 25 (2001/08) If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. DISCLAIMER IMPORTANT Town Council 86 of 202 Meeting Date: February 24, 2011 Storm Water Master Plan February 2011 Kelly Dillard, P.E., CFM A UNIQUE APPROACH TO MUNICIPAL STORMWATER PLANNING Town Council 87 of 202 Meeting Date: February 24, 2011 Previous Experience 12/7/2010 Town of Trophy Club SWMP 2 Town Council 88 of 202 Meeting Date: February 24, 2011 Master Planning Experience •Citywide –Bryan Citywide SWMP CIP –Burleson SWMP –Cleburne Phase II: Citywide Local Area Analysis –Corinth SWMP –Euless SWMP –Garland 4S SWMP –Grand Prairie SWMP –Grapevine SWMP –Keller SWMP –Lancaster SWMP –McKinney SWMP –Round Rock SWMP –San Angelo SWMP –Trophy Club SWMP –Wichita Falls SWMP •Watershed Studies –Bryan Still Creek –Cleburne Phase I: Stone Lake Creek –Dallas Dixon Branch –Dallas Elm Fork of Trinity River –Dallas Executive Airport –Dallas Westmoreland Hampton –Fort Worth Central Arlington Heights –Fort Worth Central City –Fort Worth Sycamore Creek SC-7 –Fort Worth Meacham –Fort Worth Harvey Burchill –Fort Worth Lake Worth –Frisco Stewart Creek –Frisco Cottonwood Branch –Garland Downtown –Richardson Floyd & Lois Branch –Richardson Hunt Branch 3 Town Council 89 of 202 Meeting Date: February 24, 2011 Why create a SWMP? •Population Growth •Aging Infrastructure •Development Guide •Public Pressure •Develop CIP & budget •Flooding, Erosion, & Water Quality 4 Town Council 90 of 202 Meeting Date: February 24, 2011 Benefits –Detailed Information Readily Available 5 •Floodplains •City Infrastructure •Existing Problems Town Council 91 of 202 Meeting Date: February 24, 2011 Benefits –Prioritized CIP 6 Town Council 92 of 202 Meeting Date: February 24, 2011 What is a SWMP? •It varies •Need to ask the following questions first: –What is driving the SWMP? –What is the budget? –What information is available? •2 Common Types –Watershed Studies –CIP Development •Watershed Studies •Project Area Studies 7 Town Council 93 of 202 Meeting Date: February 24, 2011 What is a SWMP? -Watershed Study •Driving force is not existing problems, but to gather information and guide development. 8 Town Council 94 of 202 Meeting Date: February 24, 2011 What is a SWMP? –CIP Development •Driving force is need for improvements as well as information to guide development. 9 Town Council 95 of 202 Meeting Date: February 24, 2011 Ranked Capital Improvement Plan Criteria Weighting 11.83 8.66 8.84 5.34 5.33 40 Rank Project Number Project Name Life Safety / Road Flooding Frequency of Flooding Property Damage Project Cost Maintenance Cost Weighted Score 1 28 KEMP-MONROE DRAINAGE PROJECT 5 4 5 0 3 154.0 2 27 KEMP BOULEVARD DRAINAGE PROJECT 5 5 1 3 5 154.0 3 13 CHEROKEE STREET DRAINAGE PROJECT 5 5 2 2 2 141.5 4 38A MCNIEL AVENUE DRAINAGE PROJECT 4 5 3 0 4 138.5 5 38B RHEA DRAINAGE PROJECT 3 5 4 1 3 135.5 6 31 LANDON, DUTY, AND SUNSET STREET AND DRAINAGE PROJECT 3 5 4 2 1 130.2 7 8 BRENDA HURSH ENHANCEMENT PROJECT 3 5 5 0 1 128.3 8 18 ECHO/NETA LANE DRAINAGE PROJECT 3 5 3 2 1 121.3 9 1 ADRIAN AVENUE DRAINAGE PROJECT 1 5 1 5 3 106.7 10 23 HIRSCHI -HUSKIE 2 1 4 4 2 99.7 11 41 OLD IOWA PARK ROAD/INDUSTRIAL BLVD DRAINAGE IMPROVEMENT PROJECT 2 4 1 3 1 88.5 12 58 SPANISH TRACE DRAINAGE PROJECT 0 4 2 3 3 84.3 13 9 & 10 BRIARGATE DRAINAGE RECONSTRUCTION PROJECT, PHASE I & II 0 2 3 2 2 65.2 10 Town Council 96 of 202 Meeting Date: February 24, 2011 12/7/2010 11Town of Trophy Club SWMP •Public Meetings •Project Websites •Resident Site Visits Town Council 97 of 202 Meeting Date: February 24, 2011 12 •Technology •GIS, GPS field equipment and deliverables •2D modeling •GIS deliverables •Stream Geomorphology •Review of Global Stream Function •Identify current and future “Hot Spots” •Suggest Lower Impact Solutions •Determine Impact of Point Repairs Town Council 98 of 202 Meeting Date: February 24, 2011 PHASE ONE –Six Problem Areas PHASE TWO –Citywide Master Plan and CIP Phase THREE –Regional Studies and Community Coalitions 13 Town Council 99 of 202 Meeting Date: February 24, 2011 •Trophy Club Drive at Marshall Branch •Skyline Creek (Indian Creek) Channel Analysis •The Knoll/Overhill Drive Drainage Analysis •Fresh Meadows/Inverness Pond 14 Town Council 100 of 202 Meeting Date: February 24, 2011 •Utilize existing models •Recommend 3 Improvement Options •Determine existing capacity •Phased Improvements?15 Town Council 101 of 202 Meeting Date: February 24, 2011 •Classic Channel Analysis •Delineate a Floodplain •Identify impacted residences •Recommend improvements to crossings and channel 16 Town Council 102 of 202 Meeting Date: February 24, 2011 •Review golf course detention design •Review previous improvement recommendations •Provide value engineering, cost and phasing recommendations 17 Town Council 103 of 202 Meeting Date: February 24, 2011 •Review pond operations and outfall alignment •Review local system configuration •Recommend outfall reconfiguration and street drainage improvements 18 Town Council 104 of 202 Meeting Date: February 24, 2011 Contact Information & References Kelly Dillard, P.E., CFM Stormwater Management 4055 International Plaza, Suite 200 Fort Worth, Texas 76109 817-735-7313 19 Town Council 105 of 202 Meeting Date: February 24, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-74-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/15/2011 Town Council On agenda:Final action:2/24/2011 Title:Consider and take appropriate action regarding the award of bid for the construction of an Elevated Water Storage Tank, apparent low bidder Phoenix Fabricators and Erectors, in an amount not to exceed $1,234,929, and authorizing the Town Manager to execute necessary documents. Attachments:Staff Report - Water Tower.pdf Engineering Recommendation.pdf Bid Tab 2 14 11.pdf Bid Tab 11-11-08.pdf Action ByDate Action ResultVer. Title Consider and take appropriate action regarding the award of bid for the construction of an Elevated Water Storage Tank, apparent low bidder Phoenix Fabricators and Erectors, in an amount not to exceed $1,234,929, and authorizing the Town Manager to execute necessary documents. Goal(s) Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Goal #5: A community in which the infrastructure supports its residents Develop a realistic Capital Improvement Plan Build a premier parks system Attracts visitors to park destinations Provide necessary resources to maintain all improvements, new and existing Town Council 106 of 202 Meeting Date: February 24, 2011 TOWN COUNCIL STAFF REPORT February 24, 2011 ELEVATED TANK BID SUBJECT: Consider and take appropriate action regarding the award of bid for the construction of an Elevated Water Storage Tank, apparent low bidder Phoenix Fabricators and Erectors, in an amount not to exceed $1,234,929, and authorizing the Town Manager to execute necessary documents. The Town originally bid the elevated water tank in November 2008. At that time, commodity prices were high due to overseas development and thus increased the received bid prices. It was determined by the Town Council and Management to not accept bids and postpone construction until a later date. The Town has now rebid the project, and opened bids on February 14, 2011. Four firms provided sealed bids. The apparent low bidder is Phoenix Fabricators and Erectors in an amount not to exceed $1,234,929. The 2008 and 2011 bid tabs are provided as attachments. RECOMMENDATION: A motion to award the bid for the construction of an Elevated Water Storage Tank to Phoenix Fabricators and Erectors in an amount not to exceed $1,234,929, and authorizing the Town Manager to execute necessary documents. Town Council 107 of 202 Meeting Date: February 24, 2011 T o w n C o u n c i l 1 0 8 o f 2 0 2 M e e t i n g D a t e : F e b r u a r y 2 4 , 2 0 1 1 Tr o p h y C l u b 5 0 0 , 0 0 0 G a l l o n E l e v a t e d W a t e r S t o r a g e T a n k Ja c o b s P r o j e c t N o . C 3 X 4 3 8 0 8 Up d a t e d 2 / 1 4 / 1 1 Un i t Q T Y Un i t P r i c e T o t a l U n i t P r i c e T o t a l U n i t P r i c e T o t a l U n i t P r i c e T o t a l 1. 1 C o m p o s i t e E l e v a t e d S t o r a g e T a n k LS 1 $ 1 , 1 2 0 , 7 0 9 . 0 0 $ 1 , 1 2 0 , 7 0 9 . 0 0 $ 1 , 1 9 8 , 3 0 0 . 0 0 $ 1 , 1 9 8 , 3 0 0 . 0 0 $ 1 , 1 7 5 , 0 0 0 . 0 0 $ 1 , 1 7 5 , 0 0 0 . 0 0 $ 1 , 6 7 8 , 2 3 0 . 0 0 $ 1 , 6 7 8 , 2 3 0 . 0 0 1. 2 L o g o EA 1 $ 4 , 0 0 0 . 0 0 $ 4 , 0 0 0 . 0 0 $ 7 , 0 0 0 . 0 0 $ 7 , 0 0 0 . 0 0 $ 8 , 0 0 0 . 0 0 $ 8 , 0 0 0 . 0 0 $ 8 , 0 0 0 . 0 0 $ 8 , 0 0 0 . 0 0 1. 3 R e i n f o r c e d C o n c r e t e D r i v e A p p r o a c h SY 8 0 $ 5 0 . 0 0 $ 4 , 0 0 0 . 0 0 $ 5 0 . 0 0 $ 4 , 0 0 0 . 0 0 $ 8 0 . 0 0 $ 6 , 4 0 0 . 0 0 $ 5 0 . 0 0 $ 4 , 0 0 0 . 0 0 1. 4 6 " F l e x b a s e D r i v e SY 6 3 5 $ 1 2 . 0 0 $ 7 , 6 2 0 . 0 0 $ 1 0 . 0 0 $ 6 , 3 5 0 . 0 0 $ 8 . 0 0 $ 5 , 0 8 0 . 0 0 $ 1 2 . 0 0 $ 7 , 6 2 0 . 0 0 1. 5 6 ' x 1 5 ' S p l a s h P a d EA 1 $ 2 , 0 0 0 . 0 0 $ 2 , 0 0 0 . 0 0 $ 1 , 8 5 0 . 0 0 $ 1 , 8 5 0 . 0 0 $ 1 , 0 0 0 . 0 0 $ 1 , 0 0 0 . 0 0 $ 2 , 5 0 0 . 0 0 $ 2 , 5 0 0 . 0 0 1. 6 1 6 " C o n n e c t i o n t o E x i s t i n g 1 6 " W a t e r l i n e LS 1 $ 3 , 0 0 0 . 0 0 $ 3 , 0 0 0 . 0 0 $ 2 , 5 0 0 . 0 0 $ 2 , 5 0 0 . 0 0 $ 3 , 0 0 0 . 0 0 $ 3 , 0 0 0 . 0 0 $ 3 , 0 0 0 . 0 0 $ 3 , 0 0 0 . 0 0 1. 7 1 6 " D . I . P . W a t e r l i n e w i t h E m b e d m e n t b y o p e n c u t L F 3 0 $ 3 0 0 . 0 0 $ 9 , 0 0 0 . 0 0 $ 7 5 . 0 0 $ 2 , 2 5 0 . 0 0 $ 7 0 0 . 0 0 $ 2 1 , 0 0 0 . 0 0 $ 2 5 0 . 0 0 $ 7 , 5 0 0 . 0 0 1. 8 1 0 " A l t i t u d e V a l v e a n d V a u l t LS 1 $ 3 0 , 0 0 0 . 0 0 $ 3 0 , 0 0 0 . 0 0 $ 2 9 , 0 0 0 . 0 0 $ 2 9 , 0 0 0 . 0 0 $ 4 5 , 0 0 0 . 0 0 $ 4 5 , 0 0 0 . 0 0 $ 3 0 , 0 0 0 . 0 0 $ 3 0 , 0 0 0 . 0 0 1. 9 6 " D r a i n L i n e EA 0 $ 0 . 0 0 $ 0 . 0 0 $ 0 . 0 0 $ 0 . 0 0 $ 0 . 0 0 $ 0 . 0 0 $ 2 , 5 0 0 . 0 0 $0.00 1. 1 D r a i n a g e S w a l e LS 1 $ 3 , 0 0 0 . 0 0 $ 3 , 0 0 0 . 0 0 $ 1 , 0 0 0 . 0 0 $ 1 , 0 0 0 . 0 0 $ 2 , 0 0 0 . 0 0 $ 2 , 0 0 0 . 0 0 $ 2 , 5 0 0 . 0 0 $ 2 , 5 0 0 . 0 0 1. 1 1 6 ' V i n y l C l a d C h a i n L i n k F e n c e w / B a r b e d W i r e L F 3 7 0 $ 3 0 . 0 0 $ 1 1 , 1 0 0 . 0 0 $ 2 5 . 0 0 $ 9 , 2 5 0 . 0 0 $ 2 5 . 0 0 $ 9 , 2 5 0 . 0 0 $ 4 5 . 0 0 $ 1 6 , 6 5 0 . 0 0 1. 1 2 T r e n c h S a f e t y S y s t e m LS 1 $ 5 0 0 . 0 0 $ 5 0 0 . 0 0 $ 5 0 0 . 0 0 $ 5 0 0 . 0 0 $ 5 0 0 . 0 0 $ 5 0 0 . 0 0 $ 5 0 0 . 0 0 $ 5 0 0 . 0 0 1. 1 3 S C A D A S y s t e m LS 1 $ 0 . 0 0 $ 0 . 0 0 $ 0 . 0 0 $ 0 . 0 0 $ 5 0 0 . 0 0 $ 5 0 0 . 0 0 $ 5 0 0 . 0 0 $ 5 0 0 . 0 0 1. 1 4 T e m p o r a r y E l e c t r i c P o w e r LS 1 $ 0 . 0 0 $ 0 . 0 0 $ 5 , 0 0 0 . 0 0 $ 5 , 0 0 0 . 0 0 $ 5 0 0 . 0 0 $ 5 0 0 . 0 0 $ 2 , 5 0 0 . 0 0 $ 2 , 5 0 0 . 0 0 1. 1 5 E l e c t r i c a l LS 1 $ 4 0 , 0 0 0 . 0 0 $ 4 0 , 0 0 0 . 0 0 $ 4 2 , 0 0 0 . 0 0 $ 4 2 , 0 0 0 . 0 0 $ 4 2 , 7 7 0 . 0 0 $ 4 2 , 7 7 0 . 0 0 $ 7 0 , 0 0 0 . 0 0 $ 7 0 , 0 0 0 . 0 0 To t a l : $1 , 2 3 4 , 9 2 9 . 0 0 $1 , 3 0 9 , 0 0 0 . 0 0 $1 , 3 2 0 , 0 0 0 . 0 0 $1,833,500.00 Al t 1 . 4 A R e i n f o r c e d C o n c r e t e P v m t w / 8 " L i m e S u b g r a d e S Y 6 3 5 $ 7 0 . 0 0 $ 4 4 , 4 5 0 . 0 0 $ 5 5 . 0 0 $ 3 4 , 9 2 5 . 0 0 $ 6 3 . 0 0 $ 4 0 , 0 0 5 . 0 0 $ 6 0 . 0 0 $ 3 8 , 1 0 0 . 0 0 Al t 1 . 1 1 A W r o u g h t I r o n f e n c e SY 3 7 0 $ 1 0 0 . 0 0 $ 3 7 , 0 0 0 . 0 0 $ 4 3 . 0 0 $ 1 5 , 9 1 0 . 0 0 $ 2 1 4 . 0 0 $ 7 9 , 1 8 0 . 0 0 $ 1 0 0 . 0 0 $ 3 7 , 0 0 0 . 0 0 Al t 1 . 1 1 B C e d a r F e n c e w i t h C o l u m n s SY 3 7 0 $ 1 4 0 . 0 0 $ 5 1 , 8 0 0 . 0 0 $ 6 5 . 0 0 $ 2 4 , 0 5 0 . 0 0 $ 1 2 0 . 0 0 $ 4 4 , 4 0 0 . 0 0 $ 1 5 0 . 0 0 $ 5 5 , 5 0 0 . 0 0 Sc h e d u l e - c a l e n d a r d a y s 40 0 30 0 360 495CB&I Ph o e n i x La n d m a r k Ca l d w e l l To w n Co u n c i l 10 9 of 20 2 Me e t i n g Date: February 24, 2011 Tr o p h y C l u b 5 0 0 , 0 0 0 G a l l o n E l e v a t e d W a t e r S t o r a g e T a n k Ja c o b s P r o j e c t N o . C 3 X 4 3 8 1 8 Up d a t e d 1 1 / 1 1 / 0 8 Un i t Q T Y Un i t P r i c e T o t a l U n i t P r i c e T o t a l U n i t P r i c e T o t a l 1. 1 C o m p o s i t e E l e v a t e d S t o r a g e T a n k LS 1 $ 1 , 3 3 7 , 0 0 0 . 0 0 $ 1 , 3 3 7 , 0 0 0 . 0 0 $ 1 , 5 1 2 , 8 2 5 . 0 0 $ 1 , 5 1 2 , 8 2 5 . 0 0 $ 1 , 6 6 6 , 7 5 7 . 0 0 $ 1 , 6 6 6 , 7 5 7 . 0 0 1. 2 L o g o EA 1 $ 1 0 , 0 0 0 . 0 0 $ 1 0 , 0 0 0 . 0 0 $ 2 6 , 0 0 0 . 0 0 $ 2 6 , 0 0 0 . 0 0 $ 1 2 , 0 0 0 . 0 0 $ 1 2 , 0 0 0 . 0 0 1. 3 R e i n f o r c e d C o n c r e t e D r i v e A p p r o a c h SY 1 4 5 $ 4 0 . 0 0 $ 5 , 8 0 0 . 0 0 $ 8 4 . 0 0 $ 1 2 , 1 8 0 . 0 0 $ 6 7 . 0 0 $ 9 , 7 1 5 . 0 0 1. 4 6 " F l e x b a s e D r i v e SY 7 1 5 $ 1 5 . 0 0 $ 1 0 , 7 2 5 . 0 0 $ 2 2 . 0 0 $ 1 5 , 7 3 0 . 0 0 $ 1 1 . 0 0 $ 7 , 8 6 5 . 0 0 1. 5 6 ' x 1 5 ' S p l a s h P a d EA 1 $ 1 , 0 0 0 . 0 0 $ 1 , 0 0 0 . 0 0 $ 1 , 5 0 0 . 0 0 $ 1 , 5 0 0 . 0 0 $ 1 , 6 0 0 . 0 0 $ 1 , 6 0 0 . 0 0 1. 6 1 6 " P V C W a t e r l i n e w i t h E m b e d m e n t b y o p e n c u t L F 1 9 $ 1 2 0 . 0 0 $ 2 , 2 8 0 . 0 0 $ 4 3 0 . 0 0 $ 8 , 1 7 0 . 0 0 $ 8 7 . 0 0 $ 1 , 6 5 3 . 0 0 1. 7 1 6 " D . I . P . W a t e r l i n e w i t h E m b e d m e n t b y o p e n c u t L F 3 3 $ 1 8 0 . 0 0 $ 5 , 9 4 0 . 0 0 $ 4 1 5 . 0 0 $ 1 3 , 6 9 5 . 0 0 $ 1 3 0 . 0 0 $ 4 , 2 9 0 . 0 0 1. 8 S t a n d a r d F i r e H y d r a n t A s s e m b l y EA 1 $ 4 , 0 0 0 . 0 0 $ 4 , 0 0 0 . 0 0 $ 4 , 0 0 0 . 0 0 $ 4 , 0 0 0 . 0 0 $ 3 , 5 0 0 . 0 0 $ 3 , 5 0 0 . 0 0 1. 9 1 6 " R e s i l i e n t S e a t e d G a t e V a l v e EA 1 $ 6 , 0 0 0 . 0 0 $ 6 , 0 0 0 . 0 0 $ 1 2 , 0 0 0 . 0 0 $ 1 2 , 0 0 0 . 0 0 $ 5 , 0 0 0 . 0 0 $ 5 , 0 0 0 . 0 0 1. 1 0 1 2 " R e s i l i e n t S e a t e d G a t e V a l v e EA 2 $ 3 , 0 0 0 . 0 0 $ 6 , 0 0 0 . 0 0 $ 5 , 0 0 0 . 0 0 $ 1 0 , 0 0 0 . 0 0 $ 2 , 0 0 0 . 0 0 $ 4 , 0 0 0 . 0 0 1. 1 1 1 0 " A l t i t u d e V a l v e a n d V a u l t LS 1 $ 3 0 , 0 0 0 . 0 0 $ 3 0 , 0 0 0 . 0 0 $ 3 5 , 5 0 0 . 0 0 $ 3 5 , 5 0 0 . 0 0 $ 3 1 , 0 0 0 . 0 0 $ 3 1 , 0 0 0 . 0 0 1. 1 2 D r a i n a g e S w a l e LS 1 $ 3 , 0 0 0 . 0 0 $ 3 , 0 0 0 . 0 0 $ 2 , 0 0 0 . 0 0 $ 2 , 0 0 0 . 0 0 $ 3 , 2 0 0 . 0 0 $ 3 , 2 0 0 . 0 0 1. 1 3 6 ' V i n y l C l a d C h a i n L i n k F e n c e w / B a r b e d W i r e L F 3 7 0 $ 4 5 . 0 0 $ 1 6 , 6 5 0 . 0 0 $ 6 0 . 0 0 $ 2 2 , 2 0 0 . 0 0 $ 3 6 . 0 0 $ 1 3 , 3 2 0 . 0 0 1. 1 4 T r e n c h S a f e t y S y s t e m LS 1 $ 1 , 1 5 5 . 0 0 $ 1 , 1 5 5 . 0 0 $ 5 0 0 . 0 0 $5 0 0 . 0 0 $ 1 , 0 0 0 . 0 0 $ 1 , 0 0 0 . 0 0 1. 1 5 S C A D A S y s t e m LS 1 $ 1 6 , 4 5 0 . 0 0 $ 1 6 , 4 5 0 . 0 0 $ 2 0 , 0 0 0 . 0 0 $ 2 0 , 0 0 0 . 0 0 $ 1 7 , 0 0 0 . 0 0 $ 1 7 , 0 0 0 . 0 0 1. 1 6 T e m p o r a r y E l e c t r i c P o w e r LS 1 $ 1 , 0 0 0 . 0 0 $ 1 , 0 0 0 . 0 0 $ 3 , 0 0 0 . 0 0 $ 3 , 0 0 0 . 0 0 $ 1 0 0 . 0 0 $ 1 0 0 . 0 0 To t a l : $1 , 4 5 7 , 0 0 0 . 0 0 $1 , 6 9 9 , 3 0 0 . 0 0 $1,782,000.00 Al t 1 . 4 R e i n f o r c e d C o n c r e t e P v m t w / 8 " L i m e S u b g r a d e S Y 7 1 5 $ 5 5 . 0 0 $ 3 9 , 3 2 5 . 0 0 $ 8 6 . 0 0 $ 6 1 , 4 9 0 . 0 0 $ 7 8 . 0 0 $ 5 5 , 7 7 0 . 0 0 Al t e r n a t e T o t a l : $1 , 4 8 5 , 6 0 0 . 0 0 $1 , 7 4 5 , 0 6 0 . 0 0 $1,829,905.00CB&I Ph o e n i x La n d m a r k To w n Co u n c i l 11 0 of 20 2 Me e t i n g Date: February 24, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-94-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/17/2011 Town Council On agenda:Final action:2/24/2011 Title:Consider and take appropriate action regarding appointing one Council member to be a non-voting liaison to the 2010 Citizen of the Year Committee. Attachments: Action ByDate Action ResultVer. Title Consider and take appropriate action regarding appointing one Council member to be a non-voting liaison to the 2010 Citizen of the Year Committee. Explanation The Citizen of the Year Committee met on Thursday, February 10, 2011 and decided to ask Council to appoint one Council member to the Committee to help keep the Town Council informed of the Committee's actions. Most of the communication will be through email, the Committee is scheduled to meet again the week of March 28 to begin reviewing nominations. 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 Recommendation and Justification to Council: Management recommends appointing one Council member to be a non-voting liaison to the 2010 Citizen of the Year Committee. Town Council 111 of 202 Meeting Date: February 24, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-84-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/15/2011 Town Council On agenda:Final action:2/24/2011 Title:Consider and take appropriate action regarding a Resolution approving the submission of a grant application for the Crime Impact Officer Program for Fiscal Year 2011-2012; authorizing the Town Manager or his designee to execute necessary documents; and providing an effective date. Attachments:RES 2011-04 CRIME IMPACT OFFICER RESOLUTION.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding a Resolution approving the submission of a grant application for the Crime Impact Officer Program for Fiscal Year 2011-2012; authorizing the Town Manager or his designee to execute necessary documents; and providing an effective date. EXPLANATION This resolution supports the application process and does not obligate the Town to accept the grant funding if awarded. 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 RECOMMENDATION AND JUSTIFICATION TO COUNCIL Management recommends approval of this item. This position would serve in many ways to provide the education and training needed by residents and visitors. Town Council 112 of 202 Meeting Date: February 24, 2011 TOWN OF TROPHY CLUB RESOLUTION 2011-04 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING THE SUBMISSION OF THE GRANT APPLICATION FOR THE CRIME IMPACT OFFICER PROGRAM FOR THE 2011-2012 FISCAL YEAR: AUTHORIZING THE TOWN MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Town of Trophy Club finds it in the best interest of the citizens of Town of Trophy Club that the Crime Impact Officer Program be operated in the 2011- 2012 fiscal year; and WHEREAS, The Town of Trophy Club agrees to provide applicable matching funds for the said project as required by the 421 Criminal Justice Planning grant application; and WHEREAS, The Town of Trophy Club agrees that in the event of loss or misuse of the Criminal Justice Division funds, the Town of Trophy Club assures that the funds will be returned to the Criminal Justice Division in full; and WHEREAS, The Town of Trophy Club designates Mike Slye, Town Manager, as the grantee’s authorized Official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency and to execute or name a designee to execute all necessary documents. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS; Section 1. That the Town of Trophy Club approves submission of the grant application for the Crime Impact Officer Program to the Office of the Governor, Criminal Justice Division and authorizes the Town Manager or his designee to execute all necessary documents. Section 2. That this Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 24th day of February, 2011. _______________________________ Connie White, Mayor Town of Trophy Club, Texas Town Council 113 of 202 Meeting Date: February 24, 2011 ATTEST: _______________________________ Shannon DePrater, Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: _______________________________ Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town Council 114 of 202 Meeting Date: February 24, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-92-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/15/2011 Town Council On agenda:Final action:2/24/2011 Title:Consider and take appropriate action regarding the annual Citizen Contact Report submitted by Chief Kniffen. Attachments:2010 citizen contact report.pdf Action ByDate Action ResultVer. Title Consider and take appropriate action regarding the annual Citizen Contact Report submitted by Chief Kniffen. Explanation: This report, sometimes referred to as the Racial Profiling Report, is required by state law to be submitted to the governing body of the Town by March 1st of each year. 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 Recommendation and Justification to Council: This item does not require action on the part of the Council. Town Council 115 of 202 Meeting Date: February 24, 2011 Trophy Club Police Department Citizen Contact Report 2010 Town Council 116 of 202 Meeting Date: February 24, 2011 To: Mayor, Council, and Town Manager Date: February 24, 2011 From: Chief Kniffen Re: Citizen Contact Report The Texas Legislature has directed Chiefs of Police and Sheriffs in Texas to collect statistics on citizen contacts and report the demographics of those statistics to their local governments and to the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) by March 1st of each year. Neither the statutes nor TCLEOSE rules provide guidance as to what data set or benchmark the “racial profiling” statistics should be compared in order to accurately estimate “the prevalence of racial profiling” as required in the law. It should be noted that the statutes require two “tiers” of reporting. Tier One consists of traffic contacts only. In presenting an appraisal of our collected Tier One statistics we have prepared an analysis on traffic contacts using the data sets from Tarrant and Denton Counties (based on a 2009 estimated census survey). Tier Two consists of non-traffic contacts. If an agency obtained a state grant for and/or uses video cameras in their cars, they have the option of presenting a written analysis of Tier Two data or keeping the videos for 90 days, in case there is a complaint arising from a contact. If an agency does not apply for the video camera grant (which has not been available for several years) they are required to do the same. If an agency applies for the grant and is denied, they do not have to video or report the analysis of these stops. We video all of our stops and retain the videos for a minimum of 90 days. Thus, we are reporting Tier One data only. It should be noted that the number of citations provided here is based on the number of individuals charged with a traffic offense not the total number of charges brought. Town Council 117 of 202 Meeting Date: February 24, 2011 Chart A depicts the demographics of Tarrant County and Denton County as found in the official 2009 census estimates found on the U.S. Census web site. The sources of these data are found at the web sites provided below. Demographics – Tarrant County * Population 1,789,900 White (a) 78.40% 1,403,299 Black (a) 14.43% 258,254 Hispanic (b) 26.67% 477,354 Asian (a) 4.33% 77,464 Other (a) 1.08% 19,399 Male 49.93% 893,689 Female 50.07% 896,211 Demographics – Denton County * Population 658,616 White (a) 83.31% 548,669 Black (a) 8.33% 54,877 Hispanic (b) 17.44% 114,894 Asian (a) 5.72% 37,670 Other (a) 0.87% 5,717 Male 49.96% 329,051 Female 50.04% 329,565 (a) Includes persons reporting only one race. (b) Hispanics may be of any race, so also are included in applicable race categories. * http://www.factfinder.census.gov/home/en/official_estimates_2009.html Town Council 118 of 202 Meeting Date: February 24, 2011 2010 Traffic Stops by Race or Ethnicity The chart below shows the breakdown – by race or ethnicity – of the traffic contacts (resulting in arrests, citations, or warnings) made in 2010 by the Trophy Club Police Department. It is compared to the demographic benchmarks in Chart A. Traffic Contacts Race Number Percentage Tarrant County %age Denton County %age White 2277 83.96% 78.40% 83.31% Black 106 3.91%14.43% 8.33% Hispanic 264 9.73% 26.67%17.44% Asian 51 1.88% 4.33% 5.72% Other 14 0.52% 1.08% 0.87% 2712 2010 Traffic stops 2010 Total Traffic Contacts 0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% 80.00% 90.00% Percentage Tarrant County %age Denton County %age White Black Hispanic Asian Other Town Council 119 of 202 Meeting Date: February 24, 2011 Traffic Contact Percentage by Sex The chart below shows the breakdown – by sex – of the traffic contacts (resulting in arrests, citations, and warnings) made in 2010 by the Trophy Club Police Department. It is compared to the demographic benchmarks in Chart A. 2010 Traffic Contact Percentage by Sex Sex Tarrant County %age Denton County %age %age Stops Male 49.93% 49.96%59.88% 1624 Female 50.07% 50.04%40.08% 1087 Total Traffic Stops 2010 2712 2010 Traffic Contact %age by Sex 0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% %age Tarrant County %age Denton County %age Male Female Town Council 120 of 202 Meeting Date: February 24, 2011 Searches Another area that requires analysis is the number of searches performed, the reason for the search, and whether or not contraband was found in the search. A search can be performed for a number of reasons. In most cases, searches are performed incidental to an arrest. By statute and policy, to be reported and analyzed, the contact has to be initiated by the officer. When an officer is dispatched to an incident in which someone is already being detained (by a loss prevention officer, for example) a citizen contact report is not required. Only searches that are performed by officers initiating contact with citizens are required to be reported. Reported searches are either probable cause or consent searches. A probable cause search is performed when an officer has sufficient evidence (the odor of marijuana, for example) to justify a legal search. A consent search may be conducted, with the consent of the person contacted or when the officer has a suspicion that some contraband might be found but does not have probable cause. Either is a legal search. In 2010, the Trophy Club Police Department conducted 101 probable cause or consent searches out of 2712 citizen contacts. This means that in only 3.72% of the contacts was a search initiated by the officer. Of the searches, 46 were consent searches and 55 were probable cause searches. Contraband was found in 39 (38.6%) of the searches. Of the searches performed, 65 were white males and contraband was found in 24 instances. Fourteen (14) were white females and contraband was found in six (6) instances. Fifteen (15) were Hispanic males and contraband was found in four (4) instances. One (1) Hispanic female consented to a search and no contraband was found. One was a black males and contraband was found on this subject in a probable cause search. Two black females were searched with probable cause and contraband was found in both searches. Two (2) were Asian males and contraband was found in one (1) instance. One (1) male of Middle Eastern descent was searched and contraband was found in this search. This year we were also required to track whether or not an officer had prior knowledge of the race or ethnicity of the individual who was stopped. Of the 2712 stops, officers noted prior knowledge of the race of ethnicity of the driver 302 times or 11.14% of the stops. We were also required to track individuals of Middle Eastern descent. Of the 2712 stops, 11, or 0.41%, were of Middle Eastern descent. For the purposes of the charts and graphs in this report, persons of Middle Eastern descent were included in the “Other” category. They will be reported on the TCLEOSE format as required. Town Council 121 of 202 Meeting Date: February 24, 2011 Action Taken This section discloses the action taken by officers after the contact was initiated. Officers have the discretion to arrest, issue a citation, a written warning, a verbal warning, or take no enforcement action as a result of the contact. The tables and charts on the next page reflect action taken on the 2,712 citizen contacts in 2010. It is compared to the demographic benchmarks in Chart A. Town Council 122 of 202 Meeting Date: February 24, 2011 2010 Arrests From Traffic Stops Race Arrests Race or Ethnicity Arrest %age Tarrant County %age Denton County %age White 33 White 78.57%78.40% 83.31% Black 2 Black 4.76%14.43% 8.33% Hispanic 7 Hispanic 16.67%26.67% 17.44% Asian 0 Asian 0.00%4.33% 5.72% Other 0 Other 0.00%1.08% 0.87% 42 Total arrests from traffic stops in 2010 2010 Arrest %ages 0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% 80.00% 90.00% White Black Hispanic Asian Other Arrest %age Tarrant County %age Denton County %age Town Council 123 of 202 Meeting Date: February 24, 2011 2010 Arrest and Citation From Traffic Stop Race Arrest and Citation Race or Ethnicity %age Tarrant County %age Denton County %age White 18 White 66.67%78.40% 83.31% Black 5 Black 18.52%14.43% 8.33% Hispanic 4 Hispanic 14.81%26.67% 17.44% Asian 0 Asian 0.00%4.33% 5.72% Other 0 Other 0.00%1.08% 0.87% 27 Total arrest and citation from traffic stops in 2010 2010 Arrest and Citation %ages 0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% 80.00% 90.00% White Black Hispanic Asian Other %age Tarrant County %age Denton County %age Town Council 124 of 202 Meeting Date: February 24, 2011 2010 Citation Only From Traffic Stop Race Citation only Race or Ethnicity Citation %age Tarrant County %age Denton County %age White 885 White 75.97%78.40% 83.31% Black 43 Black 3.69%14.43% 8.33% Hispanic 203 Hispanic 17.42%26.67% 17.44% Asian 28 Asian 2.40%4.33% 5.72% Other 6 Other 0.52%1.08% 0.87% 1165 Total citations from traffic stops in 2010 2010 Citation only %age 0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% 80.00% 90.00% White Black Hispanic Asian Other Citation %age Tarrant County %age Denton County %age Town Council 125 of 202 Meeting Date: February 24, 2011 2010 Warning Only From Traffic Stop Race Warning only Race or Ethnicity Warning %age Tarrant County %age Denton County %age White 1341 White 90.73%78.40% 83.31% Black 56 Black 3.79%14.43% 8.33% Hispanic 50 Hispanic 3.38%26.67% 17.44% Asian 23 Asian 1.56%4.33% 5.72% Other 8 Other 0.54%1.08% 0.87% 1478 Total warnings from traffic stops in 2010 2010 Warning %ages 0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% 80.00% 90.00% 100.00% White Black Hispanic Asian Other Warning %age Tarrant County %age Denton County %age Town Council 126 of 202 Meeting Date: February 24, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-82-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/15/2011 Town Council On agenda:Final action:2/24/2011 Title:Consider and take appropriate action regarding the regularly scheduled Town Council meeting of Monday, May 16, 2011. Attachments: Action ByDate Action ResultVer. Title Consider and take appropriate action regarding the regularly scheduled Town Council meeting of Monday, May 16, 2011. Explanation The Canvassing Period is May 17, 2011 to May 25, 2011. The Council has a couple of different options: a. Hold the Regularly schedule meeting on Monday, May 16, 2011 and hold a special meeting to Canvass at another time. b. Reschedule the regularly schedule meeting of Monday, May 16, 2011 to another time entirely and include Canvassing the Election. Town Council 127 of 202 Meeting Date: February 24, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-81-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/15/2011 Town Council On agenda:Final action:2/24/2011 Title:Consider and take appropriate action regarding an ordinance of the Town Council of the Town of Trophy Club, Texas, ordering and calling a General Election for the Town of Trophy Club to be held on May 14, 2011 for the purpose of electing one (1) Mayor for a three (3) year term, one (1) Council Member for Place #1 for a three (3) year term, and one (1) Council Member for Place #2 for a three (3) year term and; ordering and calling a Special Election for the legalization of the sale of all alcoholic beverages for off-premise consumption only; designating a polling place within the Town; providing for the appointment of a presiding election judge and an alternate presiding election judge; establishing other procedures for conducting the election; establishing a date for canvassing returns; providing for necessary actions; providing a Joint Election Agreement with Denton County; providing a Joint Election Agreement with Tarrant County; providing a cumulative clause; providing a severability clause; providing for publication; providing for engrossment and enrollment; and providing an effective date. A. Approve a Joint Election Contract with Denton County Attachments:ORD 2011-08 Calling May 14 2011 Election.pdf Action ByDate Action ResultVer. Title Consider and take appropriate action regarding an ordinance of the Town Council of the Town of Trophy Club, Texas, ordering and calling a General Election for the Town of Trophy Club to be held on May 14, 2011 for the purpose of electing one (1) Mayor for a three (3) year term, one (1) Council Member for Place #1 for a three (3) year term, and one (1) Council Member for Place #2 for a three (3) year term and; ordering and calling a Special Election for the legalization of the sale of all alcoholic beverages for off-premise consumption only; designating a polling place within the Town; providing for the appointment of a presiding election judge and an alternate presiding election judge; establishing other procedures for conducting the election; establishing a date for canvassing returns; providing for necessary actions; providing a Joint Election Agreement with Denton County; providing a Joint Election Agreement with Tarrant County; providing a cumulative clause; providing a severability clause; providing for publication; providing for engrossment and enrollment; and providing an effective date. A. Approve a Joint Election Contract with Denton County Explanation of Special Election The Citizen Petition for the Legalization of the sale of all alcoholic beverages for off-premise consumption only was filed with the Town Secretary on Friday, January 21, 2011, with 1140 signatures. The minimum requirement for placing this item on the May 14, 2011 Ballot was 992 signatures. This figure is based on the requirement of 35 percent of the registered votes in the political subdivision who voted in the most recent gubernatorial election for an election on any other local option ballot issue: Denton County Voters - 2717 Tarrant County Votes - 117 Total number of voters in the November 2011 Election - 2834 35% of 2834 = 991.9 voters 997 valid signatures were validated; the Citizen Petition for the Legalization of the sale of all alcoholic beverages for off- premise consumption is VALID. Town Council 128 of 202 Meeting Date: February 24, 2011 File #: 2011-81-T, Version: 1 Recommendation Management recommends acceptance of the petition and to call a Special Election for May 14, 2011. Town Council 129 of 202 Meeting Date: February 24, 2011 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2011-08 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ORDERING AND CALLING A GENERAL ELECTION FOR THE TOWN OF TROPHY CLUB TO BE HELD ON MAY 14, 2011 FOR THE PURPOSE OF ELECTING ONE (1) MAYOR FOR A THREE (3) YEAR TERM, ONE (1) COUNCIL MEMBER FOR PLACE #1 FOR A THREE (3) YEAR TERM, AND ONE (1) COUNCIL MEMBER FOR PLACE #2 FOR A THREE (3) YEAR TERM AND; ORDERING AND CALLING A SPECIAL ELECTION FOR THE LEGALIZATION OF THE SALE OF ALL ALCOHOLIC BEVERAGES FOR OFF-PREMISE CONSUMPTION ONLY; DESIGNATING A POLLING PLACE WITHIN THE TOWN; PROVIDING FOR THE APPOINTMENT OF A PRESIDING ELECTION JUDGE AND AN ALTERNATE PRESIDING ELECTION JUDGE; ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; PROVIDING FOR NECESSARY ACTIONS; PROVIDING A JOINT ELECTION AGREEMENT WITH DENTON COUNTY; PROVIDING A JOINT ELECTION AGREEMENT WITH TARRANT COUNTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 41.001(a)(2) of the Texas Election Code establishes the second Saturday of May as a Uniform Election Date for the purposes of conducting a General or Special Election; and WHEREAS, Section 3.004 of the Texas Election Code provides that the governing body of a municipality shall be the authority to order a General or Special Election; and WHEREAS, the Town Council finds and declares that the meeting at which this Ordinance is considered is open to the public as required by law, and that public notice of the time, place, and purpose of said meeting was given as required by Chapter 551, Texas Government Code, as amended; therefore, WHEREAS, the Town Council desires to and hereby calls a General Election for the purpose of electing one (1) Mayor for a three (3) year term, one (1) Council member for Place #1 for a three (3) year term, and one (1) Council member for Place #2 for three (3) year term to the Town of Trophy Club Town Council; and WHEREAS, the Town Council desires to and hereby orders and calls a Special Election with a combined ballot pursuant to The Texas Election Code, Title 17 for the Town Council 130 of 202 Meeting Date: February 24, 2011 purpose of submitting to the legally qualified voters of the Town the determination of the legalization of the sale of all alcoholic beverages for off-premise consumption only; and WHEREAS, Section 3.005 of the Texas Election Code provides that an election ordered by an authority of a municipality shall be ordered not later than the 62nd day before Election Day; and WHEREAS, Section 271.002 of the Texas Election Code provides that the governing bodies of two or more political subdivisions may enter into an agreement to hold a joint election if the elections ordered by the authorities of the subdivisions are to be held on the same day in all or part of the same territory and can be served by common polling places; and WHEREAS, Since the Town of Trophy Club is located in both Denton County and Tarrant County, the Town will contract with both counties for election services; and WHEREAS, The Election shall be conducted in accordance with the Code under the jurisdiction of the Denton County Elections Administration (the “Elections Administrator”) pursuant to an Election Services Contract (the “Contract”) by and among Denton County Elections Administration (“DCEA”), and other participating entities, if any, described in a Contract between the Town and Denton County; and WHEREAS, The Election shall be conducted in accordance with the Code under the jurisdiction of the Tarrant County Elections Administration (the “Elections Administrator”) pursuant to an Election Services Contract (the “Contract”) by and among Tarrant County Elections Administration (“TCEA”), and other participating entities, if any, described in the Contract between the Town and Tarrant County. Tarrant County has advised the Town that it will not submit a contract for Election Services until after April 1, 2011 when the determination of participating entities and cost per entity is available; and WHEREAS, Section 85.004 of the Texas Election Code provides that an election order and the election notice must state the location of each early voting polling place; and, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. All resident, qualified voters of the Town shall be eligible to vote at the Election. Section 2. The voting precincts for the Election are designated by their respective county precinct numbers. The proposed times and locations of early voting for both Denton and Tarrant County are set forth in Exhibit “C”, a copy of which is attached hereto and incorporated herein. Exhibit “C” shall be amended to include the final schedule of times and locations of early voting for both Denton and Tarrant County residents upon announcement by the Elections Administrators. Notwithstanding the Town Council 131 of 202 Meeting Date: February 24, 2011 foregoing, the early voting times and locations set forth in Exhibit “C” may be changed without further action of the Town Council if so directed by the respective Elections Administrators for Denton and Tarrant County. In addition to the early voting polling locations within the Town, all Denton County Trophy Club voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County. Tarrant County Trophy Club voters may vote at all early voting polling locations throughout Tarrant County as designated and maintained by Tarrant County. The Elections Administrators are hereby authorized and directed to make such changes in polling locations as may be necessary for the proper conduct of the Election. Each polling place shall be open from 7:00 a.m. to 7:00 p.m. on Election Day. Section 3. The Denton County Elections Administrator, Frank Phillips, is hereby appointed as Denton County Early Voting Clerk for the Election. Deputy early voting judges/clerks will be appointed as needed to process early voting mail and to conduct early voting. Early voting by mail shall be conducted in conformance with the requirements of the Code. Ballot applications and ballots voted by mail shall be sent to: Early Voting Clerk, 401 West Hickory, Denton, Texas 76201. The Elections Administrator and/or the Early Voting Clerk are hereby authorized to appoint the members of the Early Voting Ballot Board and the presiding judge and alternate judge in accordance with the requirements of the Code. Early voting by personal appearance shall be conducted at the times on the dates and at the locations designated on Exhibit “C” hereto. The main early voting polling place is hereby designated to be Joseph A. Carroll County Administration Building, 401 West Hickory, Denton, Texas 76201. Early voting shall be conducted by the Early Voting Clerk, at the main early voting polling location listed above, and at the locations designated on Exhibit “C” hereto; such locations may be changed or additional early voting locations may be added by the Elections Administrator, without further action of the Town Council, as is necessary for the proper conduct of the Election. Section 4. The Tarrant County Elections Administrator, Steve Raborn, is hereby appointed as Tarrant County Early Voting Clerk for the election. Deputy early voting judges/clerks will be appointed as needed to process early voting mail and to conduct early voting. Early voting by mail shall be conducted in conformance with the requirements of the Code. Ballot applications and ballots voted by mail shall be sent to: Early Voting Clerk, PO Box 961011, Fort Worth, Texas 76161-0011. The Elections Administrator and/or the Early Voting Clerk are hereby authorized to appoint the members of the Early Voting Ballot Board and the presiding judge and alternate judge in accordance with the requirements of the Code. Early voting by personal appearance shall be conducted at the times on the dates and at the locations designated on Exhibit “C” hereto. The main early voting polling place is hereby designated to be Tarrant County Election Center, 2700 Premier Street, Fort Worth, Texas 76111. Early voting shall be conducted by the Early Voting Clerk, at the main early voting polling location listed above, and at the locations designated on Exhibit “C” hereto; such locations may Town Council 132 of 202 Meeting Date: February 24, 2011 be changed or additional early voting locations may be added by the Elections Administrator, without further action of the Town Council, as is necessary for the proper conduct of the Election. Section 5. Compensation for election judges and alternate judges for their service in the Election shall be determined by the Elections Administrator. E-slate, a Direct Record Electronic (DRE) System shall be used for early voting by personal appearance, and in the May 14, 2011 election at Denton County Polling Sites. Hart InterCivic eSlate/eScan Voting System shall be used for early voting by personal appearance and in the May 14, 2011 election at Tarrant County Polling Sites. Paper ballots, which are optically scanned, shall be used for early voting by mail. In the May 14, 2011 election, the Elections Administrator shall cause ballots to be prepared in the form of the ballot first above prescribed, being in both English and Spanish, and shall furnish election officials said ballots, in such form, together with any other forms or blanks, in accordance with the Charter of the Town of Trophy Club, the Constitution and laws of the State of Texas and the Voting Rights Act of 1965, and any amendments thereto, insofar as same are applicable. Section 6. The purpose of such Election is to: elect one (1) Mayor for a three (3) year term, one (1) Council member for Place #1 for a three (3) year term, and one (1) Council member for Place #2 for a three (3) year term to the Town of Trophy Club Town Council; and to hold an election with a combined ballot pursuant to the Texas Election Code, Title 17 for the purpose of submitting to the legally qualified votes of the Town the determination of the following proposition, to wit: The legal sale of all alcoholic beverages for off-premise consumption only. Section 7. As set forth in Section 141.001 of the Texas Election Code, no person shall be eligible for a public elective office of this state, unless that person is a United States citizen, has not been determined mentally incompetent by a final judgment of a court, has not been finally convicted of a felony from which the person has not been pardoned or otherwise released from the resulting disabilities, and has resided continuously in the State of Texas for twelve (12) months immediately preceding the date of the regular filing deadline for the candidate’s application for a candidate whose name is to appear on the general election ballot, or the date of the election at which the candidate’s name is written in for a write in candidate. Additional requirements are set forth in the Town Charter and are as follows: A. Mayor or Council Member: As set forth in Section 141.001 of the Texas Election Code and Article III of the Trophy Club Town Charter: (1) be at least twenty-one (21) years of age on the first day of the form to be filed; (2) be a citizen of the United States; (3) be a qualified voter of the Town; (4) reside and have resided for at least twelve (12) months preceding the election within the corporate limits of the Town; Town Council 133 of 202 Meeting Date: February 24, 2011 (5) no candidate may file for more than one office or position number per election; (6) no employee of the Town shall continue in such position after becoming a candidate for a Town elective office; and, (7) If any sitting Council member files to become a candidate for another public office, he shall resign his current seat upon filing for the new office. Section 8. Pursuant to Section 143.007 of the Texas Election Code, any eligible and qualified person may have that person's name printed upon the official ballot as a candidate for the office hereinbefore set forth by filing the person's sworn application with the Town Secretary not earlier than February 12, 2011 and not later than 5:00 p.m. on March 14, 2011. Each such application shall be on a form as prescribed by the Texas Election Code. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the Town Secretary as provided by Section 52.094 of the Texas Election Code. Notice of the time and place for such drawing shall be given in accordance with Section 52.094(c) and (d) of the Texas Election Code. Section 9. If two (2) or more candidates tie for the number of votes required to be elected, there shall be a runoff election held on Saturday, June 18, 2011. The runoff election shall be held in accordance with the Texas Election Code. Section 10. The official ballots for the Special Election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote “FOR” or “AGAINST” the proposition, as required for an election on a measure, with the ballots to contain such provisions, markings and language as required by law, and with such propositions to be expressed substantially as follows: PROPOSITION ONE FOR OR AGAINST: The legal sale of all alcoholic beverages for off-premise consumption only. Section 11. Early voting by personal appearance shall be conducted at the times, on the dates and at the locations designated on Exhibit “C” hereto. The Order of Election will be amended at a later date to include early voting sites added due to joint elections with other political subdivisions. Section 12. The election materials enumerated in the Code shall be printed in both English and Spanish for use at the polling places and for early voting for the Election and provisions shall be made for oral assistance to Spanish-speaking voters. Section 13. The election officers shall make returns for the Election in the manner required by law, and the ballots that are properly marked in conformance with the provisions of the Code for votes cast both during the period of early voting and on the day of the Election shall be counted in the manner required by law. Town Council 134 of 202 Meeting Date: February 24, 2011 Section 14. Notice of the Election shall be given by posting a notice containing a substantial copy of this Ordinance in both English and Spanish at the Town Hall on the bulletin board used for posting notices of the meetings of the Town Council and at three (3) other public places within the Town not less than twenty-one (21) days prior to the date of the Election, and by publication of said notice on the same day in each of two (2) successive weeks in a newspaper of general circulation published within the Town, the date of the first publication to be not less than fourteen (14) days nor more than thirty (30) days prior to the date set for the Election. Section 15. Pursuant to Section 67.002 of the Texas Election Code, the Town Council will canvass the election not earlier than May 17, 2011 and not later than May 25, 2011. Notice of the time and place for canvass shall be posted on the official bulletin board in the same manner as required by the Open Meeting Act for other Town Council meetings in accordance with the Chapter 551 of the Local Government Code. Section 16. The Mayor and the Town Secretary of the Town, in consultation with the Town Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code and the Federal Voting Rights Act in carrying out and conducting the Election, whether or not expressly authorized herein. Section 17. It is hereby declared to be the intent of the Town Council of the Town of Trophy Club that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the Town Council without incorporation of any such unconstitutional phrase, clause, sentence, paragraph, or section. Section 18. The Town Manager or the Town Manager’s designee is authorized to amend or supplement the Contract to the extent required for the Election to be conducted in an efficient and legal manner as determined by the Elections Administrator. Attached and incorporated herein as Exhibit “A” is a copy of a joint election agreement between the Town and the Denton County Elections Department. Section 19. The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as required by the Town Charter. Section 20. This Ordinance shall take effect immediately upon adoption. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 24th day of February 2011. ________________________________ Mayor, Connie White Town of Trophy Club, Texas Town Council 135 of 202 Meeting Date: February 24, 2011 ATTEST: _____________________________ Town Secretary, Shannon DePrater Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: ___________________________ Town Attorney, Patricia Adams Town of Trophy Club, Texas Town Council 136 of 202 Meeting Date: February 24, 2011 EXHIBIT A JOINT ELECTION AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and DENTON COUNTY Town Council 137 of 202 Meeting Date: February 24, 2011 Page 1 of 11 THE STATE OF TEXAS COUNTY OF DENTON JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES THIS CONTRACT for election services is made by and between the Denton County Elections Administrator and the following political subdivisions located entirely or partially inside the boundaries of Denton County: Town of Argyle Town of Bartonville Town of Copper Canyon City of Corinth Town of Cross Roads City of Denton Town of DISH Town of Double Oak Town of Flower Mound City of Fort Worth City of Hackberry City of Hebron Town of Hickory Creek City of Highland Village City of Justin City of Krugerville City of Krum City of Lake Dallas City of Lewisville Town of Little Elm Town of Northlake City of Oak Point City of Pilot Point Town of Ponder Town of Providence Village City of Roanoke City of Sanger Town of Shady Shores City of Southlake City of The Colony Town of Trophy Club Town of Westlake Argyle Independent School District Aubrey Independent School District Denton Independent School District Krum Independent School District Lake Dallas Independent School District Lewisville Independent School District Little Elm Independent School District Northwest Independent School District Pilot Point Independent School District Ponder Independent School District Sanger Independent School District Mustang SUD Trophy Club MUD 1 This contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 and Texas Education Code Section 11.0581 for a joint May 14, 2011 election to be administered by Frank Phillips, Denton County Elections Administrator, hereinafter referred to as “Elections Administrator.” RECITALS Each participating authority listed above plans to hold a general and/or special election on May 14, 2011. The County owns an electronic voting system, the Hart InterCivic eSlate/eScan Voting System (Version 6.2.1), which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and is compliant with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section 61.012. The contracting political subdivisions desire to use the County’s electronic voting system and to compensate the County for such use and to share in certain other expenses connected with joint elections in accordance with the applicable provisions of Chapters 31 and 271 of the Texas Election Code, as amended. NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS AGREED as follows: Town Council 138 of 202 Meeting Date: February 24, 2011 Page 2 of 11 I. ADMINISTRATION The parties agree to hold a “Joint Election” with Denton County and each other in accordance with Chapter 271 of the Texas Election Code and this agreement. The Denton County Elections Administrator shall coordinate, supervise, and handle all aspects of administering the Joint Election as provided in this agreement. Each participating authority agrees to pay the Denton County Elections Administrator for equipment, supplies, services, and administrative costs as provided in this agreement. The Denton County Elections Administrator shall serve as the administrator for the Joint Election; however, each participating authority shall remain responsible for the decisions and actions of its officers necessary for the lawful conduct of its election. The Elections Administrator shall provide advisory services in connection with decisions to be made and actions to be taken by the officers of each participating authority as necessary. It is understood that other political subdivisions may wish to participate in the use of the County’s electronic voting system and polling places, and it is agreed that the Elections Administrator may enter into other contracts for election services for those purposes on terms and conditions generally similar to those set forth in this contract. In such cases, costs shall be pro-rated among the participants according to Section XI of this contract. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those polling places where jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. II. LEGAL DOCUMENTS Each participating authority shall be responsible for the preparation, adoption, and publication of all required election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or the participating authority’s governing body, charter, or ordinances, except that the Elections Administrator shall be responsible for the preparation and publication of all electronic voting equipment testing notices that are required by the Texas Election Code. Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each participating authority, including translation to languages other than English. Each participating authority shall provide a copy of their respective election orders and notices to the Denton County Elections Administrator. The Elections Administrator shall prepare a submission, on behalf of all participating authorities, to the United States Department of Justice for preclearance of the joint election procedures and polling places, pursuant to the Voting Rights Act of 1965, as amended. The Elections Administrator will provide to each participating authority a photocopy of the joint submission and any correspondence from the Department of Justice. The joint submission prepared by the Elections Administrator will not include submission of information for any special elections held by the participating authorities. Participating authorities are hereby notified and encouraged to prepare their own submissions to the United States Department of Justice for special election procedures, or any changes that are specific to their own political subdivision. By signing this agreement, each participating authority certifies that it has no unresolved preclearance or voting rights issues known to it that would preclude or delay Department of Justice preclearance of the joint election. The Elections Administrator will file an amended submission to the United States Department of Justice in the event that any polling places are changed after the original submission is filed, including changes resulting from the withdrawal of one or more participating authorities pursuant to Section XII of this contract. III. VOTING LOCATIONS The Elections Administrator shall select and arrange for the use of and payment for all Election Day voting locations. Voting locations will be, whenever possible, the usual voting location for each election precinct in elections conducted by each participating city, and shall be compliant with the accessibility requirements established by Election Code Section 43.034 and Town Council 139 of 202 Meeting Date: February 24, 2011 Page 3 of 11 the Americans with Disabilities Act (ADA). The proposed voting locations are listed in Attachment A of this agreement. In the event that a voting location is not available or appropriate, the Elections Administrator will arrange for use of an alternate location with the approval of the affected participating authorities. The Elections Administrator shall notify the participating authorities of any changes from the locations listed in Attachment A. If polling places for the May 14, 2011 joint election are different from the polling place(s) used by a participating authority in its most recent election, the authority agrees to post a notice no later than May 14, 2010 at the entrance to any previous polling places in the jurisdiction stating that the polling location has changed and stating the political subdivisi on’s polling place names and addresses in effect for the May 14, 2011 election. This notice shall be written in both the English and Spanish languages. IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL Denton County shall be responsible for the appointment of the presiding judge and alternate judge for each polling location. The Elections Administrator shall make emergency appointments of election officials if necessary. Upon request by the Elections Administrator, each participating authority agrees to assist in recruiting polling place officials who are bilingual (fluent in both English and Spanish). In compliance with the Federal Voting Rights Act of 1965, as amended, each polling place containing more than 5% Hispanic population as determined by the 2000 Census shall have one or more election official who is fluent in both the English and Spanish languages. If a presiding judge is not bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend a bilingual worker for the polling place. If the Elections Administrator is unable to recommend or recruit a bilingual worker, the participating authority or authorities served by that polling place shall be responsible for recruiting a bilingual worker for translation services at that polling place. The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to insure that all election judges appointed for the Joint Election are eligible to serve. The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying him of his appointment, the time and location of training and distribution of election supplies, and the number of election clerks that the presiding judge may appoint. Each election judge and clerk will receive compensation at the hourly rate established by Denton County pursuant to Texas Election Code Section 32.091. The election judge will receive an additional sum of $25.00 for picking up the election supplies prior to Election Day and for returning the supplies and equipment to the central counting station after the polls close. Election judges and clerks who attend voting equipment training and/or procedures training shall be compensated at the same hourly rate that they are to be paid on election day. The Elections Administrator may employ other personnel necessary for the proper administration of the election, including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies during early voting and on Election Day, and for the efficient tabulation of ballots at the central counting station. Part-time personnel working as members of the Early Voting Ballot Board and/or central counting station on election night will be compensated at the hourly rate set by Denton County in accordance with Election Code Sections 87.005, 127.004, and 127.006. Town Council 140 of 202 Meeting Date: February 24, 2011 Page 4 of 11 V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited to, the County’s electronic voting system and equipment, official ballots, sample ballots, voter registration lists, and all forms, signs, maps and other materials used by the election judges at the voting locations. The Elections Administrator shall ensure availability of tables and chairs at each polling place and shall procure rented tables and chairs for those polling places that do not have tables and/or chairs. The Elections Administrator shall be responsible for conducting all required testing of the electronic equipment, as required by Chapters 127 and 129 of the Texas Election Code. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. The Elections Administrator shall provide the necessary voter registration information, maps, instructions, and other information needed to enable the election judges in the voting locations that have more than one ballot style to conduct a proper election. Each participating authority shall furnish the Elections Administrator a list of candidates and/or propositions showing the order and the exact manner in which the candidate names and/or proposition(s) are to appear on the official ballot (including titles and text in each language in which the authority’s ballot is to be printed). Each participating authority shall be responsible for proofreading and approving the ballot insofar as it pertains to that authority’s candidates and/or propositions. The joint election ballots that contain ballot content for more than one joint participant because of overlapping territory shall be arranged in the following order: Independent School District, City, Water District(s), and other political subdivisions. Early Voting by Personal Appearance shall be conducted exclusively on Denton County’s eSlate electronic voting system. On Election Day, voters shall have a choice between voting on the eSlate electronic voting system or by a paper ballot that is scanned at the polling place using Denton County’s eScan voting system only if a participating authority chooses to use both paper and electronic. Provisional ballots cast on Election Day will be cast only on the eSlate electronic voting system to prevent the possibility of paper provisional ballots from being immediately counted via the eScan ballot scanner. Due to current limitations of the county’s eScan ballot scanners, it is necessary that in the event ballot content for a particular participating authority or joint election ballot style is too lengthy to fit on a one page paper ballot, all election day voting for that particular authority or ballot style must be held on the county’s eSlate voting system. If a participating authority wishes to use both paper and electronic, the full cost of the paper ballot will be up to that participating authority at each polling location that is shared with other participating authorities that don’t wish to have both paper and electronic. The number of paper ballots printed for Election Day voting shall be, at a minimum, equal to the same Election Day turnout as in the last comparable election plus 25 percent of that number, with the final number of ballots ordered per polling place or precinct adjusted upward to end in a number divisible by 50. The Elections Administrator shall be responsible for the preparation, testing, and delivery of the voting equipment for the election as required by the Election Code. The Elections Administrator shall conduct criminal background checks on relevant employees upon hiring as required by Election Code Section 129.051(g). VI. EARLY VOTING The participating authorities agree to conduct joint early voting and to appoint the Election Administrator as the Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Each participating authority agrees to appoint the Elections Administrator’s permanent county employees as deputy early voting clerks. The participating authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be compensated at an hourly rate set by Denton County pursuant to Section 83.052 of the Texas Election Code. Deputy early voting clerks who are permanent Town Council 141 of 202 Meeting Date: February 24, 2011 Page 5 of 11 employees of the Denton County Elections Administrator or any participating authority shall serve in that capacity without additional compensation. Early Voting by personal appearance will be held at the locations, dates, and times listed in Attachment “B” of this document. Any qualified voter of the Joint Election may vote early by personal appearance at any of the joint early voting locations. As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted by mail received by the participating authorities shall be forwarded immediately by fax or courier to the Elections Administrator for processing. The Elections Administrator shall provide each participating authority a copy of the early voting report on a daily basis and a cumulative final early voting report following the election. In accordance with Section 87.121(g) of the Election Code, the daily reports showing the previous day’s early voting activity will be distributed to each participating authority no later than 8:00 AM each business day. VII. EARLY VOTING BALLOT BOARD Denton County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Joint Election. The Presiding Judge, with the assistance of the Elections Administrator, shall appoint two or more additional members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to efficiently process the early voting ballots. VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS The Elections Administrator shall be responsible for establishing and operating the central counting station to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this agreement. The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 of the Texas Election Code, appoint the following central counting station officials: Counting Station Manager: Frank Phillips, Denton County Elections Administrator Tabulation Supervisor: Sara Tischler, Denton County Technical Operations Manager Presiding Judge: Randie Geistman Alternate Judge: Paula Paschal The counting station manager or his representative shall deliver timely cumulative reports of the election results as precincts report to the central and remote counting stations and are tabulated. The manager shall be responsible for releasing unofficial cumulative totals and precinct returns from the election to the joint participants, candidates, press, and general public by distribution of hard copies at the central counting station and by posting to the Denton County web site. To ensure the accuracy of reported election returns, results printed on the tapes produced by Denton County’s voting equipment will not be released to the participating authorities at the remote collection sites or by phone from individual polling locations. The Elections Administrator will prepare the unofficial canvass reports after all precincts have been counted, and will deliver a copy of the unofficial canvass to each participating authority as soon as possible after all returns have been tabulated. The Elections Administrator will include the tabulation and precinct-by-precinct results that are required by Texas Election Code Section 67.004 for the participating entities to conduct their respective canvasses. Each participating authority shall be responsible for the official canvass of its respective election(s). The Elections Administrator will prepare the electronic precinct-by-precinct results reports for uploading to the Secretary of State as required by Section 67.017 of the Election Code. The Elections Administrator agrees to upload these reports for each participating authority unless requested otherwise. Town Council 142 of 202 Meeting Date: February 24, 2011 Page 6 of 11 The Elections Administrator shall be responsible for conducting the post-election manual recount required by Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State’s Office. IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE DENTON COUNTY The Elections Administrator shall administer only the Denton County portion of the Town of Flower Mound’s election. The Elections Administrator shall administer only the Denton County portion of the City of Fort Worth’s election. The Elections Administrator agrees to administer the entire Lewisville election including that portion of Lewisville that is within Dallas County. The Elections Administrator shall administer only the Denton County portion of Northwest ISD’s election. The Elections Administrator agrees to administer the entire Pilot Point ISD election including that portion of Pilot Point ISD that is within Cooke and Grayson Counties. The Elections Administrator shall administer only the Denton County portion of the City of Roanoke’s election. The Elections Administrator shall administer only the Denton County portion of the City of Southlake’s election. The Elections Administrator shall administer only the Denton County portion of the Town of Trophy Club’s election. The Elections Administrator shall administer only the Denton County portion of the Trophy Club MUD 1’s election. The Elections Administrator shall administer only the Denton County portion of the Town of Westlake’s election. X. RUNOFF ELECTIONS Each participating authority shall have the option of extending the terms of this agreement through its runoff election, if applicable. In the event of such runoff election, the terms of this agreement shall automatically extend unless the participating authority notifies the Elections Administrator in writing within 3 business days of the original election. Each participating authority shall reserve the right to reduce the number of early voting locations and/or Election Day voting locations in a runoff election. If necessary, any voting changes made by a participating authority between the original election and the runoff election, shall be submitted by the authority making the change to the United States Department of Justice for the preclearance required by the Federal Voting Rights Act of 1965, as amended. Each participating authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the May 14, 2011 election and to conduct its drawing for ballot positions at or immediately following such meeting in order to expedite preparations for its runoff election. Each participating authority eligible to hold runoff elections agrees that the date of the runoff election, if necessary, shall be Saturday, June 18, 2011. XI. ELECTION EXPENSES AND ALLOCATION OF COSTS The participating authorities agree to share the costs of administering the Joint Election. Allocation of costs, unless specifically stated otherwise, is mutually agreed to be shared according to a formula which is based on the average cost per election day polling place (unit cost) as determined by adding together the overall expenses and dividing the expenses equally Town Council 143 of 202 Meeting Date: February 24, 2011 Page 7 of 11 among the total number of polling places. Costs for polling places shared by more than one participating authority shall be pro- rated equally among the participants utilizing that polling place. It is agreed that charges for Election Day judges and clerks and Election Day polling place rental fees shall be directly charged to the appropriate participating authority rather than averaging those costs among all participants. If a participating authority’s election is conducted at more than one election day polling place, there shall be no charges or fees allocated to the participating authority for the cost of election day polling places in which the authority has fewer than 50% of the total registered voters served by that polling place, except that if the number of registered voters in all of the authority’s polling places is less than the 50% threshold, the participating authority shall pay a pro-rata share of the costs associated with the polling place where it has the greatest number of registered voters. The participating authorities agree to share the cost of Early Voting. Allocations of costs is mutually agreed to be shared according to a formula which is based on the cost of all Early Voting polling locations being divided equally among the number of participating authorities. Costs for Early Voting by Personal Appearance shall be allocated based upon the actual costs associated with each early voting site. Each participating authority shall be responsible for a pro-rata portion of the actual costs associated with the early voting sites located within their jurisdiction. Participating authorities that do not have a regular (non-temporary) early voting site within their jurisdiction shall pay a pro-rata portion of the nearest regular early voting site. Each participating authority agrees to pay the Denton County Elections Administrator an administrative fee equal to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code. The Denton County Elections Administrator shall deposit all funds payable under this contract into the appropriate fund(s) within the county treasury in accordance with Election Code Section 31.100. The Denton County Elections Administrator reserves the right to adjust the above formulas in agreement with any individual jurisdiction if the above formula results in a cost allocation that is inequitable. XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION Any participating authority may withdraw from this agreement and the Joint Election should it cancel its election in accordance with Sections 2.051 - 2.053 of the Texas Election Code. Any monies deposited with the Elections Administrator by the withdrawing authority shall be refunded, minus a cancellation fee of $75.00. XIII. RECORDS OF THE ELECTION The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint Election as authorized by Section 271.010 of the Texas Election Code. Access to the election records shall be available to each participating authority as well as to the public in accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable and retrievable. Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of each participating authority to bring to the attention of the Elections Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed with the participati ng authority. Town Council 144 of 202 Meeting Date: February 24, 2011 Page 8 of 11 XIV. RECOUNTS A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the presiding officer of the contracting participating authority agrees that any recount shall take place at the offices of the Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the participating authority’s official or employee who performs the duties of a secretary under the Texas Election Code shall serve as Recount Coordinator. The Elections Administrator agrees to provide advisory services to each participating authority as necessary to conduct a proper recount. XV. MISCELLANEOUS PROVISIONS 1. It is understood that to the extent space is available, other districts and political subdivisions may wish to participate in the use of the County’s election equipment and voting places, and it is agreed that the Elections Administrator may contract with such other districts or political subdivisions for such purposes and that in such event there may be an adjustment of the pro-rata share to be paid to the County by the participating authorities. 2. The Elections Administrator shall file copies of this document with the Denton County Judge and the Denton County Auditor in accordance with Section 31.099 of the Texas Election Code. 3. Nothing in this contract prevents any party from taking appropriate legal action against any other party and/or other election personnel for a breach of this contract or a violation of the Texas Election Code. 4. This agreement shall be construed under and in accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. In the event that one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 6. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local governments, and any other entities with local jurisdiction. 7. The waiver by any party of a breach of any provision of this agreement shall not operate as or be construed as a waiver of any subsequent breach. 8. Any amendments of this agreement shall be of no effect unless in writing and signed by all parties hereto. XVI. COST ESTIMATES AND DEPOSIT OF FUNDS The total estimated obligation for each participating authority under the terms of this agreement is listed below. Each participating authority agrees to pay the Denton County Elections Administrator a deposit of approximately 90% of this estimated obligation no later than 15 days after execution of this agreement. The exact amount of each participating authority’s obligation under the terms of this agreement shall be calculated after the May 14, 2011 election (or runoff election, if applicable), and if the amount of an authority’s total obligation exceeds the amount deposited, the authority shall pay to the Elections Administrator the balance due within 30 days after the receipt of the final invoice from the Elections Administrator. However, if the amount of the authority’s total obligation is less than the amount deposited, the Elections Administrator shall refund to the authority the excess amount paid within 30 days after the final costs are calculated. Town Council 145 of 202 Meeting Date: February 24, 2011 Page 9 of 11 The total estimated obligation and required deposit for each participating authority under the terms of this agreement shall be as follows: Estimated Deposit Political Subdivision Cost Due Town of Argyle $2,209.55 $1,988.59 Town of Bartonville $1,804.08 $1,623.67 Town of Copper Canyon $1,484.01 $1,335.61 City of Corinth $2,094.42 $1,884.98 Town of Cross Roads $1,251.22 $1,126.10 City of Denton $7,480.90 $6,732.81 Town of DISH $1,380.82 $1,242.74 Town of Double Oak $2,057.93 $1,852.14 Town of Flower Mound $4,441.05 $3,996.94 City of Fort Worth $3,502.89 $3,152.60 City of Hackberry $1,792.23 $1,613.00 City of Hebron $400.00 $360.00 Town of Hickory Creek $2,144.29 $1,929.86 City of Highland Village $2,976.26 $2,678.63 City of Justin $1,694.57 $1,525.11 City of Krugerville $1,309.15 $1,178.24 City of Krum $1,699.43 $1,529.49 City of Lake Dallas $2,956.68 $2,661.02 City of Lewisville $4,259.88 $3,833.89 Town of Little Elm $4,393.38 $3,954.04 Town of Northlake $1,788.40 $1,609.56 City of Oak Point $1,475.67 $1,328.10 City of Pilot Point $1,286.88 $1,158.19 Town of Ponder $1,558.66 $1,402.80 Town of Providence Village $1,483.40 $1,338.03 City of Roanoke $2,131.80 $1,918.62 City of Sanger $2,598.93 $2,339.03 Town of Shady Shores $2,046.71 $1,842.04 City of Southlake $1,399.57 $1,259.61 City of The Colony $4,142.48 $3,728.23 Town of Trophy Club $1,823.92 $1,641.52 Town of Westlake $400.00 $360.00 Argyle ISD $3,368.30 $3,031.47 Aubrey ISD $3,934.89 $3,541.40 Denton ISD $12,773.78 $11,496.40 Krum ISD $2,739.82 $2,465.84 Lake Dallas ISD $4,306.75 $3,876.07 Lewisville ISD $23,796.07 $21,416.47 Little Elm ISD $8,141.85 $7,327.67 Northwest ISD $6,500.55 $5,850.49 Pilot Point ISD $1,791.99 $1,338.03 Town Council 146 of 202 Meeting Date: February 24, 2011 Page 10 of 11 Ponder ISD $2,595.71 $2,336.14 Sanger ISD $3,651.43 $3,286.29 Mustang SUD $3,586.56 $3,227.90 Trophy Club MUD1 $1,781.77 $1,603.59 THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK Revised 2.10.2011 (4:10 p.m.) Town Council 147 of 202 Meeting Date: February 24, 2011   XVII. JOINT CONTRACT ACCEPTANCE AND APPROVAL    IN TESTIMONY HEREOF, this agreement has been executed on behalf of the parties hereto as follows, to‐wit:    (1) It has on the  _____ day of ___________, 2011 been executed by the Denton County Elections  Administrator pursuant to the Texas Election Code so authorizing;  (2) It has on the 24th day of February, 2011 been executed on behalf of the Town of Trophy Club  pursuant to an action of the Town of Trophy Club Town Council so authorizing;    ACCEPTED AND AGREED TO BY DENTON COUNTY ELECTIONS ADMINISTRATOR:  APPROVED:    ___________________________________________  FRANK PHILLIPS           ACCEPTED AND AGREED TO BY THE TOWN OF TROPHY CLUB:  APPROVED:      ATTESTED:    _____________________________________________ _______________________________________  Mayor, Connie White     Town Secretary, Shannon DePrater  Town of Trophy Club     Town of Trophy Club          Town Council 148 of 202 Meeting Date: February 24, 2011 EXHIBIT B JOINT ELECTION AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and TARRANT COUNTY Tarrant County will not submit a contract for Election Services until after April 1, 2011 when the determination of participating entities and cost per entity is available. Town Council 149 of 202 Meeting Date: February 24, 2011 EXHIBIT C In addition to the early voting polling location located within the Town, Trophy Club Denton County voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County. Trophy Club Tarrant County voters may only vote at the early voting polling locations as designated and maintained by Tarrant County throughout the County. The Order of Election will be amended at a later date to include early voting sites added due to joint elections with other political subdivisions. NOTICE FOR EARLY VOTING Denton County Early voting by personal appearance will be conducted at: 100 Municipal Drive on the following: Monday, May 2 Tuesday, May 3 Wednesday, May 4 Thursday, May 5 Friday, May 6 Saturday, May 7 Monday, May 9 Tuesday, May 10 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 7:00 a.m. – 7:00 p.m. 7:00 a.m. – 7:00 p.m. Town Council 150 of 202 Meeting Date: February 24, 2011 Page 1 of 3 Revised 2/16/2011 3:07:50 PM DRAFT - EARLY VOTING FOR MAY 14, 2011 (VOTACIÓN ADELANTADA DE 14 DE MAYO DE 2011) JOINT – GENERAL AND SPECIAL ELECTIONS (ELECCIONES GENERALES Y ESPECIALES CONJUNTAS) EARLY VOTING BY PERSONAL APPEARANCE DAYS AND HOURS (DIAS Y HORAS DE VOTACIÓN TEMPRANO POR APARICIÓN PERSONAL) May (Mayo) 2 - 6 Monday - Friday (Lunes - Viernes) 8:00 a.m. - 5:00 p.m. May (Mayo) 7 Saturday (Sábado) 7:00 a.m. - 7:00 p.m. May (Mayo) 8 Sunday (Domingo) 11:00 a.m. - 4:00 p.m. May (Mayo) 9 - 10 Monday - Tuesday (Lunes - Martes) 7:00 a.m. - 7:00 p.m. SEE LIST OF LOCATIONS ON BACK (VER LA LISTA DE CASETAS AL REVERSO) EARLY VOTING BY MAIL (VOTACIÓN TEMPRANO POR CORREO) TO RECEIVE A BALLOT APPLICATION OR FOR MORE INFORMATION CALL TARRANT COUNTY ELECTIONS ADMINISTRATION: 817-831-8683 (PARA RECIBIR UNA SOLICITUD PARA BOLETA O MAS INFORMACIÓN LLAMAR AL ADMINISTRADOR DE ELECCIONES DEL CONDADO DE TARRANT: 817-831-8683) Applications for a ballot by mail must be submitted between March 15, 2011 and May 6, 2011 with one of the following requirements: (Solicitudes para una boleta por correo pueden ser sometidas durante el 15 de Marzo de 2011, y 6 de May de 2011, con uno de los siguientes requisitos:) 1. Age of voter is 65 or over on Election Day. (Edad del votante es 65 o mas el Día de Elección.) 2. Voter is disabled. (Votante está incapacitado.) For #1 or #2, the ballot must be mailed to the voter registration residence address/mailing address or to a hospital, nursing home/long-term care facility, retirement center or address of a relative. The relationship of the relative must be indicated. (Para #1 o #2 la boleta debe ser enviada a la dirección residencial/dirección de correo de registro de votante o á un hospital, clinica para convalecientes ó ancianos/facilidad de cuidado de término largo, centro de jubilación o dirección de un pariente. Debe indicar el parentesco del pariente.) 3. Voter is confined in jail - ballot must be mailed to the jail or address of a relative. The relationship of the relative must be indicated. (Votante esta encarcelado - boleta debe ser enviada á la cárcel o a la dirección de un pariente. Debe indicar el parentesco del pariente.) 4. Voter expects to be out of the county on Election Day and during the regular hours for conducting early voting - ballot must be mailed to an address outside the county. (Votante espera estar afuera del condado el Día de Elección y durante las horas regulares de conducir votación temprano - boleta debe ser enviada á una dirección afuera del condado.) Applications must be received at the following address NO LATER THAN FRIDAY, MAY 6, 2011 (Las solicitudes deben ser recibidas por correo a la dirección siguiente NO MAS TARDAR DEL VIERNES, 6 de MAYO de 2011) STEVE RABORN, EARLY VOTING CLERK (Secretario De Votación Adelantada, Steve Raborn) PO BOX 961011 FORT WORTH, TEXAS 76161-0011 FOR VOTERS WITH ONSET OF AN ILLNESS ON OR AFTER MAY 5, 2011, EMERGENCY BALLOT APPLICATIONS MUST BE RETURNED NO LATER THAN 5 PM, ELECTION DAY, AT THE ELECTIONS CENTER, 2700 PREMIER STREET, FORT WORTH, TX 76111 (SEC. 102.001, TEXAS ELECTION CODE.) (PARA VOTANTES CON PRINCIPIOS DE UNA ENFERMEDAD EN O DESPUES DEL 5 DE MAYO DE 2011, SOLICITUDES PARA BOLETA DE EMERGENCIA DEBE SER REGRESADA NO MAS TARDAR DE LAS 5 PM, EL DÍA DE ELECCIÓN, EN EL CENTRO DE ELECCIONES, 2700 PREMIER ST., FORT WORTH, TX 76111 (SEC. 102.001, CÓDIGO DE ELECCIÓN DE TEJAS.) Town Council 151 of 202 Meeting Date: February 24, 2011 Page 2 of 3 Re v i s e d 2 / 1 6 / 2 0 1 1 3 : 0 7 : 5 0 P M Lo c a t i o n s L i s t e d t h i s p a g e o n l y a r e o p e n F u l l D a y s a n d H o u r s DR A F T - E A R L Y V O T I N G F O R M A Y 1 4 , 2 0 1 1 – J O I N T - G E N E R A L A N D S P E C I A L E L E C T I O N S (V O T A C I O N A D E L A N T A D A D E 1 4 D E M A Y O D E 2 0 1 1 - E L E C C I O N E S G E N E R A L E S Y E S P E C I A L E S C O N J U N T A S ) 1. M A I N E A R L Y V O T I N G S I T E , Ta r r a n t C o u n t y E l e c t i o n s C e n t e r 2 7 0 0 P r e m i e r S t r e e t Fo r t W o r t h , T e x a s 7 6 1 1 1 *E m e r g e n c y b a l l o t s a v a i l a b l e a t t h i s l o c a t i o n o n l y . ( B o l e t a s d e e m e r g e n c i a s o l a m a n t e e s t á n d i s p o n i b l e s e n e s t a c a s e t a . ) Ar l i n g t o n 2 . B o b D u n c a n C e n t e r 2 8 0 0 S o u t h C e n t e r S t r e e t A r l i n g t o n , T e x a s 7 6 0 1 4 Ar l i n g t o n 3 . E l z i e O d o m R e c r e a t i o n C e n t e r 1 6 0 1 N E G r e e n O a k s B o u l e v a r d A r l i n g t o n , T e x a s 7 6 0 0 6 Ar l i n g t o n 4 . F i r e T r a i n i n g C e n t e r 55 0 1 R o n M c A n d r e w D r i v e A r l i n g t o n , T e x a s 7 6 0 1 6 Ar l i n g t o n 5 . S o u t h S e r v i c e C e n t e r 11 0 0 S W G r e e n O a k s B o u l e v a r d A r l i n g t o n , T e x a s 7 6 0 1 7 Ar l i n g t o n 6 . T a r r a n t C o u n t y S u b - C o u r t h o u s e i n A r l i n g t o n 70 0 E A b r a m S t r e e t Ar l i n g t o n , T e x a s 7 6 0 1 0 7 . B e d f o r d P u b l i c L i b r a r y 2 4 2 4 F o r e s t R i d g e D r i v e B e d f o r d , T e x a s 7 6 0 2 1 Be d f o r d 8 . P a t M a y C e n t e r 18 4 9 B C e n t r a l D r i v e B e d f o r d , T e x a s 7 6 0 2 2 Be n b r o o k 9 . B e n b r o o k C o m m u n i t y C e n t e r 22 8 S a n A n g e l o A v e n u e B e n b r o o k , T e x a s 7 6 1 2 6 10 . C o l l e y v i l l e C i t y H a l l 1 0 0 M a i n S t r e e t C o l l e y v i l l e , T e x a s 7 6 0 3 4 11 . C r o w l e y C o m m u n i t y C e n t e r 9 0 0 E a s t G l e n d a l e S t r e e t C r o w l e y , T e x a s 7 6 0 3 6 12 . E u l e s s P u b l i c L i b r a r y 2 0 1 N o r t h E c t o r D r i v e E u l e s s , T e x a s 7 6 0 3 9 Fo r e s t H i l l 13 . M a h a n e y C o m m u n i t y C e n t e r 68 0 0 F o r e s t H i l l D r i v e Fo r e s t H i l l , T e x a s 7 6 1 4 0 Fo r t W o r t h 14 . D i a m o n d H i l l / Ja r v i s L i b r a r y 1 3 0 0 N o r t h e a s t 3 5 t h S t r e e t F o r t W o r t h , T e x a s 7 6 1 0 6 Fo r t W o r t h 15 . F o r t W o r t h M u n i c i p a l B u i l d i n g 10 0 0 T h r o c k m o r t o n S t r e e t F o r t W o r t h , T e x a s 7 6 1 0 2 Fo r t W o r t h 16 . G r i f f i n S u b - C o u r t h o u s e 32 1 2 M i l l e r A v e n u e F o r t W o r t h , T e x a s 7 6 1 1 9 Fo r t W o r t h 17 . H a n d l e y - M e a d o w b r o o k C o m m u n i t y C e n t e r 62 0 1 B e a t y S t r e e t Fo r t W o r t h , T e x a s 7 6 1 1 2 Fo r t W o r t h 18 . J P S H e a l t h C e n t e r V i o l a M . P i t t s / C o m o Lo w e r L e v e l , A u d i t o r i u m 1 4 7 0 1 B r y a n t I r v i n R o a d N . F o r t W o r t h , T e x a s 7 6 1 0 7 Fo r t W o r t h 19 . N o r t h w e s t B r a n c h L i b r a r y 6 2 2 8 C r y s t a l L a k e D r i v e Fo r t W o r t h , T e x a s 7 6 1 7 9 Fo r t W o r t h 20 . R i v e r s i d e C o m m u n i t y C e n t e r 3 7 0 0 E a s t B e l k n a p S t r e e t F o r t W o r t h , T e x a s 7 6 1 1 1 Fo r t W o r t h 2 1 . S e n d e r a R a n c h E l e m e n t a r y S c h o o l 1 2 1 6 D i a m o n d B a c k L a n e H a s l e t , T e x a s 7 6 0 5 2 Fo r t W o r t h 2 2 . S o u t h s i d e C o m m u n i t y C e n t e r 95 9 E a s t R o s e d a l e S t r e e t Fo r t W o r t h , T e x a s 7 6 1 0 4 Fo r t W o r t h 2 3 . S o u t h w e s t R e g i o n a l L i b r a r y 40 0 1 L i b r a r y L a n e Fo r t W o r t h , T e x a s 7 6 1 0 9 Fo r t W o r t h 2 4 . S o u t h w e s t S u b - C o u r t h o u s e 65 5 1 G r a n b u r y R o a d F o r t W o r t h , T e x a s 7 6 1 3 3 Fo r t W o r t h 2 5 . S u m m e r g l e n B r a n c h L i b r a r y 4 2 0 5 B a s s w o o d B o u l e v a r d F o r t W o r t h , T e x a s 7 6 1 3 7 Fo r t W o r t h 2 6 . T a r r a n t C o u n t y P l a z a B u i l d i n g 20 1 B u r n e t t S t r e e t Fo r t W o r t h , T e x a s 7 6 1 0 2 Fo r t W o r t h 2 7 . W o r t h H e i g h t s C o m m u n i t y C e n t e r 35 5 1 N e w Y o r k A v e n u e Fo r t W o r t h , T e x a s 7 6 1 1 0 Gr a n d P r a i r i e 2 8 . S t a r r e t t E l e m e n t a r y S c h o o l 26 7 5 F a i r m o n t D r i v e G r a n d P r a i r i e , T e x a s 7 5 0 5 2 29 . G r a p e v i n e - C o l l e y v i l l e I n d e p e n d e n t S c h o o l Di s t r i c t A d m i n i s t r a t i o n B u i l d i n g 30 5 1 I r a E . W o o d s A v e n u e Gr a p e v i n e , T e x a s 7 6 0 5 1 30 . G r a p e v i n e C o m m u n i t y A c t i v i t i e s C e n t e r 1 1 7 5 M u n i c i p a l W a y G r a p e v i n e , T e x a s 7 6 0 5 1 3 1 . H a l t o m C i t y C i v i c C e n t e r 32 0 1 F r i e n d l y L a n e H a l t o m C i t y , T e x a s 7 6 1 1 7 32. Hurst Recreation Center 700 Mary Drive Hurst, Texas 76053 33. Keller Town Hall 1100 Bear Creek Parkway Keller, Texas 76248 34. Kennedale Community Center 316 West 3 rd Street Kennedale, Texas 76060 Lake Worth 35. Sheriff’s Office North Patrol Building 6651 Lake Worth Boulevard Lake Worth, Texas 76135 36. Mansfield Sub-Courthouse 1100 East Broad Street Mansfield, Texas 76063 37. North Richland Hills Recreation Center 6720 Northeast Loop 820 North Richland Hills, Texas 76180 38. Pantego Town Hall 1614 South Bowen Road Pantego, Texas 76013 39. Richland Hills Community Center 3204 Diana Drive Richland Hills, Texas 76118 40. River Oaks City Hall 4900 River Oaks Boulevard River Oaks, Texas 76114 41. Saginaw-Log Cabin Senior Center 405 Belmont Street Saginaw, Texas 76179 42. Southlake Town Hall 1400 Main Street Southlake, Texas 76092 43. Watauga City Hall 7105 Whitley Road Watauga, Texas 76148 44. White Settlement Public Library 8215 White Settlement Rd White Settlement, Texas 76108 To w n Co u n c i l 15 2 of 20 2 Me e t i n g Date: February 24, 2011 Page 3 of 3 Re v i s e d 2 / 1 6 / 2 0 1 1 3 : 0 7 : 5 0 P M Bl u e M o u n d C i t y H a l l Da l w o r t h i n g t o n G a r d e n s C i t y H a l l So l a n a O f f i c e C o m p l e x W e s t l a k e T C U – T e x a s C h r i s t i a n U n i v e r s i t y U T A – U n i v e r s i t y o f T e x a s a t Ar l i n g t o n V i l l a g e s o f W o o d l a n d S p r i n g s 30 1 S o u t h B l u e M o u n d R o a d 2 6 0 0 R o o s e v e l t D r i v e To w n O f f i c e s Br o w n – L u p t o n U n i v e r s i t y U n i o n E H H e r e f o rd U n i v e r s i t y C e n t e r A m e n i t y B u i l d i n g Bl u e M o u n d , T e x a s 7 6 1 3 1 D a l w o r t h i n g t on G a r d e n s , T e x a s 7 6 0 1 6 3 V i l l a g e C i r c le 2 9 0 1 S t a d i u m D r i v e 3 0 0 W . 1 st S t r e e t 12209 Tim berland Boulevard We s t l a k e , T e x a s 7 6 2 6 2 Fo r t W o r t h , T e x a s 7 6 1 2 9 Ar l i n g t o n , T e x a s 7 6 0 1 9 Fort Worth , Texas 76244 E a s t R e g i o n a l L i b r a r y H a s l e t C o m m u n i t y C e n t e r P e l i c a n B a y C i t y H a l l 6 3 0 1 B r i d g e S t r e e t 1 0 5 M a i n S t r e e t 1 3 0 0 P e l i c a n C i r c l e F o r t W o r t h , T e x a s 7 6 1 1 2 H a s l e t , T e x a s 7 6 0 5 2 A z l e , T e x a s 7 6 0 2 0 Dr a f t – M a y 1 4 , 2 0 1 1 - T e m p o r a r y B r a n c h E a r l y V o t i n g L o ca t i o n s – P l e a s e N o t e V a r i o u s D a y s a n d H o u r s o f V o t i n g (C a s e t a s T e m p o r a l e s p a r a V o t a c i ó n A d e l a n t a d a ) T i m b e r l i n e E l e m e n t a r y S c ho o l S i l v e r L a k e E l e m e n t a r y S c h o o l Be a r C r e e k E l e m e n t a r y S c h o o l G l en h o p e E l e m e n t a r y S c h o o l B r a n s f o r d E l e m e n t a r y S c h o o l 3 2 2 0 T i m b e r l i n e 1 3 0 1 N . D o o l e y 4 0 1 B e a r C r e e k D r i v e 66 0 0 G l e n h o p e C i r c l e 601 Glade Road Gr a p e v i n e , T e x a s 7 6 0 5 1 Gr a p e v i n e , T e x a s 7 6 0 5 1 Eu l e s s , T e x a s 7 6 0 3 9 Co l l e y v i l l e , T e x a s 7 6 0 3 4 Colleyville , Texas 76034 H a r w o o d J u n i o r H i g h S c h o o l Be d f o r d H e i gh t s E l e m e n t a r y S c h o o l S o u t h E u l e s s E l e m e n t ar y S c h o o l L D B e l l H i g h S c h o o l Lakewood Elem entary School 3 0 0 M a r t i n D r i v e 10 0 0 C u m m i n g s R o a d 60 5 S o u t h M a in S t r e e t 16 0 1 B r o w n T r a i l 1600 Donley Drive B e d f o r d , T e x a s 7 6 0 2 1 Be d f o r d , T e x a s 7 6 0 2 1 Eu l e s s , T e x a s 7 6 0 4 0 Hu r s t , T e x a s 7 6 0 5 4 Euless, Texas 76039 Gr a p e v i n e H i g h S c h o o l He r i t a g e E l em e n t a r y S c h o o l GC I S D P r o f e s s i o n a l De v e l o p m e n t E d u c a t i o n C e n t e r 32 2 3 M u s t a n g D r i v e 45 0 0 H e r i t a g e 58 0 0 C o l l e y v i l l e B o u l e v a r d Gr a p e v i n e , T e x a s 7 6 0 5 1 Gr a p e v i n e , T e x a s 7 6 0 5 1 Gr a p e v i n e , T e x a s 7 6 0 5 1 Pe n n i n g t o n F i e l d Tr i n i t y H i g h Sc h o o l Ri v e r T r a i l s E l e m e n t a r y 15 0 1 C e n t r a l D r i v e 50 0 N o r t h I n d u s t r i a l B o u l e v a r d 88 5 0 E l b e T r a i l Be d f o r d , T e x a s 7 6 0 2 2 Eu l e s s , T e x a s 7 6 0 3 9 Fo r t W o r t h , T e x a s 7 6 1 1 8 Ma y (M a y o ) 3 – 5 Tu e s d a y – T h u r s d a y (M a r t e s – J u e v e s ) 8: 0 0 a . m . – 5 : 0 0 p . m . Ma y (M a y o ) 9 - 1 0 M o n d a y – T u e s d a y (L u n e s – M a r t e s ) 7: 0 0 a . m . – 7 : 0 0 p . m . Ma y (M a y o ) 2 Mo n d a y (L u n e s ) 11 : 0 0 a . m . – 7 : 0 0 p . m . Ma y (M a y o ) 3 Tu e s d a y (M a r t e s ) 11 : 0 0 a . m . – 7 : 0 0 p . m . Ma y (M a y o ) 4 We d n e s d a y (M i e r c o l e s ) 11 : 0 0 a . m . – 7 : 0 0 p . m . Ma y (M a y o ) 5 Th u r s d a y (J u e v e s ) 11 : 0 0 a . m . – 7 : 0 0 p . m . May (Mayo) 6 Friday (Viernes) 11:00 a.m. – 7:00 p.m. Ma y (M a y o ) 7 Sa t u r d a y (S á b a d o ) 11 : 0 0 a . m . – 7 : 0 0 p . m . Ma y (M a y o ) 8 Su n d a y (D o m i n g o ) 11 : 0 0 a . m . – 4 : 0 0 p . m . Ma y (M a y o ) 9 Mo n d a y (L u n e s ) 11 : 0 0 a . m . – 7 : 0 0 p . m . Ma y (M a y o ) 1 0 Tu e s d a y (M a r t e s ) 11 : 0 0 a . m . – 7 : 0 0 p . m . To w n Co u n c i l 15 3 of 20 2 Me e t i n g Date: February 24, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-89-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/15/2011 Town Council On agenda:Final action:2/24/2011 Title:Consider and take appropriate action regarding financial and variance report dated January 2011. Attachments:January 2011 Monthly Financial Reports.pdf Action ByDate Action ResultVer. Title Consider and take appropriate action regarding financial and variance report dated January 2011. Town Council 154 of 202 Meeting Date: February 24, 2011 Town Council 155 of 202 Meeting Date: February 24, 2011 Town Council 156 of 202 Meeting Date: February 24, 2011 Town Council 157 of 202 Meeting Date: February 24, 2011 Town Council 158 of 202 Meeting Date: February 24, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-85-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/15/2011 Town Council On agenda:Final action:2/24/2011 Title:Town Manager Slye's update regarding the following; discussion of the same. - Trophy Club Commons Site Plan Update - Finance Director and Public Relations Manager Positions Update - UNT MPA Conference, February 25, 2011 Attachments: Action ByDate Action ResultVer. Title Town Manager Slye's update regarding the following; discussion of the same. - Trophy Club Commons Site Plan Update - Finance Director and Public Relations Manager Positions Update - UNT MPA Conference, February 25, 2011 Town Council 159 of 202 Meeting Date: February 24, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-93-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/15/2011 Town Council On agenda:Final action: Title:Town Council Liaison Updates and discussion of same: - EDC 4B, January 24, 2011 - Council member Strother - MUD No. 1, February 15, 2011 - Mayor Pro Tem Rose - Ground Storage Tanks - Fire Communication Plan - Water Conservation - Parks and Recreation Board, February 15, 2011 - Council member Hoover Attachments: Action ByDate Action ResultVer. Title Town Council Liaison Updates and discussion of same: - EDC 4B, January 24, 2011 - Council member Strother - MUD No. 1, February 15, 2011 - Mayor Pro Tem Rose - Ground Storage Tanks - Fire Communication Plan - Water Conservation - Parks and Recreation Board, February 15, 2011 - Council member Hoover Town Council 160 of 202 Meeting Date: February 24, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-86-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/15/2011 Town Council On agenda:Final action:2/24/2011 Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same: - Northwest Communities Partnership Monthly Meeting - Neighbor Helping Neighbor - Elected Officials Conference - Water Conservation Meeting - Metroport Cities Partnership - Transportation Summit - Denton County Mayor's Roundtable Luncheon - Ribbon Cutting - 35W Coalition Quarterly Meeting Attachments: Action ByDate Action ResultVer. Title Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same: - Northwest Communities Partnership Monthly Meeting - Neighbor Helping Neighbor - Elected Officials Conference - Water Conservation Meeting - Metroport Cities Partnership - Transportation Summit - Denton County Mayor's Roundtable Luncheon - Ribbon Cutting - 35W Coalition Quarterly Meeting Town Council 161 of 202 Meeting Date: February 24, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-87-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/15/2011 Town Council On agenda:Final action:2/24/2011 Title:Items for Future Agendas. Attachments:Future Agenda Items List.pdf Action ByDate Action ResultVer. Title Items for Future Agendas. Town Council 162 of 202 Meeting Date: February 24, 2011 Town of Trophy Club Town Council Future Agenda Items List 1. Consider and take appropriate action regarding an Ordinance amending Chapter 3 of the Code of Ordinances entitled "Buildings and Construction" of Article XV, entitled "Swimming Pools. (Rose, 2/1/10) 2. Consider and take appropriate action regarding procurement policies and their alignment with State statutes. (Rose, 2/1/10) 3. Consider and take appropriate action regarding placing policies and procedures on the Town web site. (Rose, 2/1/10) 4. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and Production (Rose, 4/26/10) 5. Staff update regarding Marshall Branch Creek area located North of HWY114; discussion and action of the same. (Stotts, 6/21/10) 6. Staff update regarding the loop road and a report from the engineer firm hired by the County. (Stotts, 6/21/10) 7. Parks Board to provide a recommendation to the Council regarding fees for recreational amenities; Council discussion and action. (Rose, 9/27/10) 8. Presentation and 10-year plan from Dr. Walker on Trophy Club Park. (Stotts, 10/4/10) 9. Staff proposal regarding the amenity lakes, including associated costs to accept the amenity lakes from the developer. (Stotts, 10/4/10) 10. Consider and take appropriate action regarding communication plan (Cantrell, 11/15/2010) 11. Consider and take appropriate action regarding Planning & Zoning readiness if Local Option Election Petition is successful. (Cantrell, 1/3/11) Town Council 163 of 202 Meeting Date: February 24, 2011 Supplemental Information Town Council 164 of 202 Meeting Date: February 24, 2011 1 Ac t i v i t y Ja n u a r y Fe b r u a r y Ma r c h Ap r i l Ma y Ju n e Ju l y Au g u s t Se p t e m b e r Oc t o b e r No v e m b e r December Total Ac c i d e n t s - M i n o r 2 1 2 1 3 1 2 2 6 6 2 3 3 1 Ac c i d e n t s - M a j o r 1 1 0 1 0 0 3 3 3 0 0 0 1 2 Ac c i d e n t - H i t & R u n 2 1 1 2 3 0 1 1 1 0 1 1 1 4 As s a u l t s 0 0 0 1 0 0 1 1 2 2 0 0 7 Bu r g l a r A l a r m s 19 18 21 30 23 31 18 28 22 18 24 30 282 Bu r g l a r y I n P r o g r e s s 0 0 0 1 0 1 0 1 0 2 1 0 6 Bu r g l a r y I n v e s t i g a t i o n s 3 0 4 1 2 1 0 1 1 5 1 3 2 2 Su s p i c i o u s A c t i v i t y 9 11 10 8 9 3 9 7 5 15 14 21 121 De c e a s e d P e r s o n 0 1 0 2 0 0 0 1 1 0 0 0 5 E. D . P . 0 1 0 0 0 0 1 3 2 0 1 0 8 Di s t u b a n c e 7 10 4 9 7 8 13 6 13 6 10 7 100 Do m e s t i c D i s t u r b a n c e 2 1 5 0 1 3 1 2 2 4 1 0 3 3 4 An i m a l C o m p l a i n t 23 18 25 58 47 37 50 34 58 69 40 41 500 In t o x . P e r s o n 0 2 0 0 0 2 1 3 3 1 0 1 1 3 Bu r g . M o t o r V e h i c l e 1 3 4 1 2 0 0 1 3 1 2 1 3 6 4 6 Fi g h t 0 1 0 0 0 1 0 0 0 0 0 0 2 D. W . I . 0 1 2 0 1 2 2 0 1 0 2 0 1 1 As s i s t F i r e D e p t . 7 7 2 6 1 0 5 3 2 6 3 3 0 5 4 Bi c y c l e P a t r o l 0 0 7 3 1 0 0 0 0 0 0 0 1 1 As s i s t E M S 10 10 8 20 18 7 5 6 5 10 10 6 115 Me e t C o m p l a i n a n t 15 11 30 17 21 7 13 17 13 18 9 19 190 Pa r k i n g V i o l a t i o n 52 45 21 7 30 16 7 71 23 53 35 10 370 Tr a f f i c S t o p 17 6 19 2 24 7 23 3 25 7 24 1 19 2 18 6 21 3 28 0 22 2 227 2666 Pe r s o n w / A G u n 0 1 2 0 0 0 0 0 1 0 0 0 4 Pr i s o n e r D e t a i l 1 0 0 0 1 0 1 0 0 0 1 1 5 Ro b b e r y 0 0 0 0 0 0 1 0 0 0 1 0 2 Pr o w l e r 1 0 0 1 2 1 0 1 1 0 0 2 9 Su s p i c i o u s P e r s o n 7 16 14 8 11 8 7 11 7 12 6 8 115 Su s p i c i o u s V e h i c l e 26 17 23 21 19 14 26 14 14 23 19 18 234 Th e f t I n v e s t i g a t i o n 5 10 2 6 2 7 7 11 11 7 5 5 78 Po l i c e D e p a r t m e n t S t a t s - 2 0 1 0 To w n Co u n c i l 16 5 of 20 2 Me e t i n g Date: February 24, 2011 2 Ab a n d o n d V e h i c l e 3 0 0 0 0 0 1 1 0 0 3 0 8 Ab a n d o n d / F o u n d P r o p e r t y 3 2 1 3 2 1 0 1 0 1 0 1 1 5 Co u r t 0 0 0 0 1 1 0 0 1 0 2 0 5 Es c o r t 1 2 0 0 0 1 2 2 0 1 0 0 9 Eq u i p m e n t S e r v i c e 8 5 6 12 19 10 7 9 8 10 6 7 107 In f o r m a t i o n 3 3 5 7 3 7 4 8 3 0 1 3 6 6 2 Cr i m i n a l M i s c h i e f 5 1 3 5 4 2 3 3 5 4 1 6 4 2 Mi s s i n g P e r s o n 0 0 0 1 0 0 1 0 1 1 1 3 8 Op e n D o o r 12 10 8 11 14 11 8 9 7 17 8 9 124 Ar r e s t 13 17 20 12 12 13 11 11 8 6 10 8 141 St o l e n V e h i c l e 0 0 0 0 0 0 0 0 0 0 0 0 0 As s i s t C i t i z e n 3 7 6 9 6 2 2 6 3 2 5 4 5 5 As s i s t O f f i c e r 72 70 69 57 64 54 69 57 50 46 59 46 713 Ci t y O r d . V i o l a t i o n 16 8 20 19 10 17 8 12 9 30 17 26 192 Ci v i l S t a n d b y 4 0 0 0 1 2 1 2 1 1 0 0 1 2 Cr i m i n a l T r e s p a s s 0 1 3 1 0 1 2 1 3 2 1 1 1 6 Fo l l o w U p 21 11 11 6 5 8 11 5 16 9 5 12 120 Fo r g e r y 4 2 4 0 2 2 2 2 3 0 1 2 2 4 Ki d n a p p i n g 0 0 0 0 0 0 0 0 0 0 0 0 0 Ha r a s s m e n t 1 1 1 2 0 2 2 3 0 3 1 3 1 9 Pr e m i s e C h e c k 11 9 13 4 15 9 12 8 11 1 11 8 11 0 14 9 13 1 12 3 13 3 145 1560 Ru n a w a y 1 1 0 1 0 0 1 0 2 0 0 0 6 Sp e c i a l A s s i g n m e n t 22 25 21 24 27 19 13 9 14 37 13 23 247 Su i c i d e / T h r e a t 0 2 0 2 0 1 1 0 1 0 0 0 7 Su r v e i l l a n c e 1 0 0 0 1 0 0 1 0 0 0 1 4 Tr a f f i c D e t a i l 2 12 8 18 17 15 9 11 11 14 9 7 133 Tr a i n i n g 5 10 16 6 6 1 15 5 0 2 8 11 85 Wa r r a n t S e r v i c e 2 2 1 1 1 0 0 0 0 0 1 1 9 Wr i t e R e p o r t 11 19 11 17 8 10 18 15 15 12 11 22 169 Cr i m e P r e v e n t i o n 1 4 8 3 0 3 2 9 6 7 3 1 4 7 De l i v e r P a c k e t s 40 21 45 48 45 30 46 12 30 39 6 13 375 Fo o t P a t r o l 48 44 45 56 80 57 46 57 66 72 55 88 714 Ho u s e / B u s i n e s s C h e c k 97 14 2 14 5 11 6 13 7 10 5 12 6 15 6 13 6 10 1 13 9 185 1585 To w n Co u n c i l 16 6 of 20 2 Me e t i n g Date: February 24, 2011 3 Na r c o t i c s V i o l a t i o n 5 3 9 3 0 3 1 0 2 3 0 3 3 2 Te r r o r i s t i c T h r e a t 2 0 1 1 2 1 0 4 3 0 0 1 1 5 Cr i m e s A g a i n s t C h i l d r e n 0 1 1 2 1 0 0 0 1 2 0 0 8 Wa r r a n t I n d i c a t e d 1 2 2 0 1 0 1 0 1 0 1 0 9 As s i s t M o t o r i s t 5 7 12 10 12 10 3 6 5 8 9 7 94 Ve h i c l e C o m p l a i n t 1 0 6 8 6 3 6 5 6 7 8 7 4 7 6 As s i s t O t h e r A g e n c y 5 8 14 12 9 17 6 6 10 14 10 11 122 Ju v e n i l e C o m p l a i n t 1 5 5 2 5 5 8 1 6 6 2 4 3 3 7 4 Sc h o o l R e l a t e d 76 64 69 74 62 14 0 21 74 63 54 34 605 91 1 H a n g U p 3 6 2 7 2 1 1 1 1 3 8 6 4 1 Ad m i n D u t y 65 77 81 77 82 86 84 73 64 10 1 87 92 969 Id e n t i t y T h e f t 0 2 1 1 2 1 1 0 2 0 2 0 1 2 We l f a r e C o n c e r n 9 10 12 7 7 11 8 11 11 10 5 7 108 Cl o s e P a t r o l s 58 9 43 7 14 8 36 5 80 9 61 7 60 6 39 9 32 3 39 9 36 4 673 5729 To t a l N u m b e r o f C a l l s 1, 6 8 4 1, 5 6 4 1, 4 0 9 1, 5 7 3 2, 0 4 1 1, 6 6 4 1, 6 3 0 1, 5 0 2 1, 4 5 2 1, 6 9 0 1, 4 8 1 1,884 19,574 To w n Co u n c i l 16 7 of 20 2 Me e t i n g Date: February 24, 2011 1 Ac t i v i t y Ja n u a r y Fe b r u a r y Ma r c h Ap r i l Ma y Ju n e Ju l y Au g u s t Se p t e m b e r Oc t o b e r No v e m b e r December Total Ac c i d e n t s - M i n o r 2 2 Ac c i d e n t s - M a j o r 1 1 Ac c i d e n t - H i t & R u n 3 3 As s a u l t s 1 1 Bu r g l a r A l a r m s 21 21 Bu r g l a r y I n P r o g r e s s 1 1 Bu r g l a r y I n v e s t i g a t i o n s 2 2 Su s p i c i o u s A c t i v i t y 8 8 De c e a s e d P e r s o n 0 0 E. D . P . 0 0 Di s t u b a n c e 13 13 Do m e s t i c D i s t u r b a n c e 6 6 An i m a l C o m p l a i n t 32 32 In t o x . P e r s o n 4 4 Bu r g . M o t o r V e h i c l e 2 2 Fi g h t 0 0 D. W . I . 0 0 As s i s t F i r e D e p t . 5 5 Bi c y c l e P a t r o l 0 0 As s i s t E M S 10 10 Me e t C o m p l a i n a n t 15 15 Pa r k i n g V i o l a t i o n 11 4 114 Tr a f f i c S t o p 28 0 280 Pe r s o n w / A G u n 1 1 Pr i s o n e r D e t a i l 0 0 Ro b b e r y 0 0 Pr o w l e r 1 1 Su s p i c i o u s P e r s o n 6 6 Su s p i c i o u s V e h i c l e 16 16 Th e f t I n v e s t i g a t i o n 10 10 Po l i c e D e p a r t m e n t S t a t s - 2 0 1 1 To w n Co u n c i l 16 8 of 20 2 Me e t i n g Date: February 24, 2011 2 Ab a n d o n d V e h i c l e 1 1 Ab a n d o n d / F o u n d P r o p e r t y 0 0 Co u r t 0 0 Es c o r t 0 0 Eq u i p m e n t S e r v i c e 5 5 In f o r m a t i o n 5 5 Cr i m i n a l M i s c h i e f 3 3 Mi s s i n g P e r s o n 1 1 Op e n D o o r 9 9 Ar r e s t 6 6 St o l e n V e h i c l e 0 0 As s i s t C i t i z e n 3 3 As s i s t O f f i c e r 45 45 Ci t y O r d . V i o l a t i o n 27 27 Ci v i l S t a n d b y 2 2 Cr i m i n a l T r e s p a s s 2 2 Fo l l o w U p 10 10 Fo r g e r y 1 1 Ki d n a p p i n g 0 0 Ha r a s s m e n t 1 1 Pr e m i s e C h e c k 99 99 Ru n a w a y 0 0 Sp e c i a l A s s i g n m e n t 18 18 Su i c i d e / T h r e a t 1 1 Su r v e i l l a n c e 0 0 Tr a f f i c D e t a i l 0 0 Tr a i n i n g 22 22 Wa r r a n t S e r v i c e 1 1 Wr i t e R e p o r t 17 17 Cr i m e P r e v e n t i o n 6 6 De l i v e r P a c k e t s 17 17 Fo o t P a t r o l 56 56 Ho u s e / B u s i n e s s C h e c k 13 6 136 To w n Co u n c i l 16 9 of 20 2 Me e t i n g Date: February 24, 2011 3 Na r c o t i c s V i o l a t i o n 0 0 Te r r o r i s t i c T h r e a t 0 0 Cr i m e s A g a i n s t C h i l d r e n 0 0 Wa r r a n t I n d i c a t e d 0 0 As s i s t M o t o r i s t 4 4 Ve h i c l e C o m p l a i n t 6 6 As s i s t O t h e r A g e n c y 10 10 Ju v e n i l e C o m p l a i n t 3 3 Sc h o o l R e l a t e d 15 15 91 1 H a n g U p 2 2 Ad m i n D u t y 88 88 Id e n t i t y T h e f t 0 0 We l f a r e C o n c e r n 6 6 Cl o s e P a t r o l s 20 1 201 To t a l N u m b e r o f C a l l s 1, 3 8 3 0 0 0 0 0 0 0 0 0 0 0 1,383 To w n Co u n c i l 17 0 of 20 2 Me e t i n g Date: February 24, 2011 1 February 11, 2011 Number 6 GOVERNOR’S STATE OF THE STATE SPEECH: CITIES NOT IN THE CROSSHAIRS? During his State of the State speech on Tuesday, February 8, Governor Perry mentioned some issues of concern to Texas cities, though his primary focus was on state budget items, education, tort reform, health care, and prison issues. The governor did renew his call for swift action on eminent domain reform, however, saying the legislature “must protect private property rights like Senator Estes and Representative Geren have done in their bills.” The Senate State Affairs Committee and the full Senate passed Senator Estes’ bill, S.B. 18, by unanimous votes. A full description of the bill is included in the Recent Floor Actions section, located elsewhere in this issue. Governor Perry also proclaimed support for already-filed legislation relating to preventing unfunded mandates on local governments: “Let’s don’t burden local authorities with unfunded mandates because they are facing their own challenges as well.” City officials should applaud the governor’s support of such legislation. In speaking about immigration and border security issues, the governor called for legislation to “abolish sanctuary cities” by prohibiting city policies that restrict “discretion” during “lawful detentions” by police officers. So-called sanctuary city legislation remains an emergency item, and several such bills have been filed so far this session. Town Council 171 of 202 Meeting Date: February 24, 2011 2 It is significant and somewhat encouraging that the governor didn’t call for artificial restrictions on property tax appraisals or tax rates, an issue that has appeared in his State of the State speeches in recent sessions. While such bills have been filed this session, cities’ budgetary restraint during this recession appears to have been noticed by state leadership. If and when these bills get a hearing in legislative committee, TML and city officials will argue that cities already accomplished the hard work of passing lean, responsible budgets last fall. The state government must now focus on the looming state budget deficit and other statewide problems, leaving cities alone to provide essential services like police, fire, streets, and water. In this regard, the governor’s speech seemed a step in the right direction. 2011 LEGISLATIVE TRAINING SERIES: TWO WORKSHOPS IN AUSTIN - THREE WEBINARS ONLINE The League is pleased to offer live and online seminars regarding the 2011 legislative session. Please go to www.tml.org and click on “Training” for more detailed information. • FEBRUARY 14 ONSITE WORKSHOP—Legislative Briefing Renaissance Hotel • 9721 Arboretum Boulevard • Austin The 2011 legislative session is now in full swing. From voter identification legislation… to reviewing state agencies…to redistricting—come learn first-hand the issues expected to face Texas cities this year. • MARCH 25 ONLINE WEBINAR—Legislative Status Report: The Countdown Begins This Webinar will tell you which bills need the most attention, the workload of the key committees with the largest number and most important city-related bills, and how an issue can still appear, even though no bill was filed. • APRIL 15 ONLINE WEBINAR—Legislative Status Report: The End Is Near…but Not Near Enough With the work of House and Senate committees increasing, city-related bills are being heard every day. While the TML staff is working feverishly to monitor all the hearings, city officials can take an active role in the process. Learn what you can do to help. • MAY 13 ONLINE WEBINAR—Legislative Status Report: The Final Days from the Bunker In the final weeks of the legislative session, last-minute tactics to keep bills alive are used. While deadlines have passed, that means little to those who still want to advance their issues. Find out what to expect in the final days—and why city officials can never assume a bill is dead. Town Council 172 of 202 Meeting Date: February 24, 2011 3 • JUNE 27 ONSITE WORKSHOP—Legislative Wrap-Up DoubleTree Hotel • 6505 North IH-35 • Austin This one-day workshop will focus on the outcome of key, city-related bills from the recently concluded legislative session. You can learn about the impact this legislation will have on the day-to-day activities of cities and the dynamics behind some of the pertinent political decisions. HOUSE ENERGY RESOURC E S INTERIM REPORT The House Committee on Energy Resources completed and released its interim report, which addressed four interim charges. Two of the charges contained issues of interest to cities, including the following recommendations to the legislature: Local Regulation of Oil and Gas Drilling • Consider requiring the Railroad Commission of Texas or its successor to work with municipal leaders and industry experts to develop a model ordinance that would address regulatory gaps in unincorporated areas and that could be made available for local governments to adopt on a regional basis to allow for consistent, uniform standards in an area. • The Utilities Code should be amended to make it clear that both utility and non-utility pipelines may be placed in Texas Department of Transportation rights of way. Local Regulation of Liquefied Petroleum Gas • A law may be passed to amend the Natural Resources Code to add a new section that states the rules and standards promulgated and adopted by the Railroad Commission of Texas preempt and supersede any ordinance, order, or rule adopted by a political subdivision relating to any aspect or phase of the liquefied petroleum gas industry. However, the legislature must decide if the need for a consistent regulatory scheme for the liquefied petroleum gas industry outweighs the preference for local flexibility. The decision is left to the will of the legislature. WHAT’S YOUR AREA OF EXPERTISE OR INTEREST? JOIN YOUR FAVORITE E-LIST The TML staff is gathering e-mail addresses from city officials (elected or appointed) who are willing to provide testimony during the 2011 legislative session, want to be kept “in the loop” on certain subject matters, or are willing to simply provide their perspective on a particular legislative matter. Town Council 173 of 202 Meeting Date: February 24, 2011 4 If you would like to participate in this E-List project, simply go to http://www.tml.org/genform/E-List.asp and fill out the online form. If you have any questions, please contact JJ Rocha at jj@tml.org or 512-231-7400. SIGNIFICANT FLOOR ACTIONS S.B. 18 (Estes) , relating to the use of eminent domain authority. As passed by the Senate, the bill would do the following: 1. provide that a governmental or private entity may not take private property through the use of eminent domain if the taking is not for a “public use.” 2. require a record vote with specific procedures and wording to take each parcel of land through the use of eminent domain. 3. require that any entity authorized to exercise the power of eminent domain must submit to the state comptroller, by December 31, 2012, a letter stating that the entity is authorized to exercise the power of eminent domain and identifying the provision or provisions of law that grant the entity that authority, and would provide that the entity’s authority to use eminent domain will expire if the letter is not sent by the deadline. 4. provide, among other things, that an entity with eminent domain authority that wants to acquire real property shall disclose to the property owner any and all appraisal reports produced or acquired by the entity relating specifically to the owner’s property and prepared in the ten years preceding the offer. 5. provide that: (1) an entity seeking to acquire property may not include a confidentiality provision in an offer or agreement to acquire the property; and (2) the entity shall inform the owner of the property that the owner has the right to: (a) discuss any offer or agreement regarding the entity’s acquisition of the property with others; or (b) keep the offer or agreement confidential (subject to the requirements of the Texas Public Information Act). 6. require an entity with eminent domain authority that wants to acquire real property for a public use to make a bona fide offer to acquire the property from the property owner voluntarily, and list specific criteria that must be met to meet the bona fide offer requirement. 7. provide that a court that determines that a condemnor did not make a bona fide offer to acquire the property from the property owner voluntarily must abate the suit, order the condemnor to make a bona fide offer, and order the condemnor to pay costs and attorneys’ and other professionals’ fees. Town Council 174 of 202 Meeting Date: February 24, 2011 5 8. provide that a condemnation petition must state with specificity the public use for which the entity intends to acquire the property and that the city made a bona fide offer to acquire the property voluntarily. 9. provide, among other things, that each party has a reasonable period to strike one of the three special commissioners appointed by the judge in the case, with the judge appointing a replacement. 10. provide that the special commissioners shall consider an injury or benefit that is peculiar to the property owner and that relates to the property owner’s ownership, use, or enjoyment of the particular parcel of real property, including a material impairment of direct access on or off the remaining property that affects the market value of the remaining property, but they may not consider an injury or benefit that the property owner experiences in common with the general community, including circuity of travel and diversion of traffic. 11. require a city, as a cost of acquiring real property, to: (a) provide a relocation advisory service for an individual, a family, a business concern, a farming or ranching operation, or a nonprofit organization that is compatible with the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act; and (b) pay moving expenses and rental supplements, make relocation payments, provide financial assistance to acquire replacement housing, and compensate for expenses incidental to the transfer of the property if an individual, a family, the personal property of a business, a farming or ranching operation, or a nonprofit organization is displaced in connection with the acquisition. 12. provide that an entity that is not subject to the Public Information Act, such a gas pipeline operator, must disclose certain information relating to its use of eminent domain upon request. 13. modify the current provisions that allow a property owner to repurchase the property if it isn’t used by the condemnor within ten years of the date of acquisition. 14. provide that a city council may adopt a development plan for a public use project at a public hearing to toll the 10-year right to repurchase. 15. modify the standard for determination of the fair value of the state’s interest in access rights to a highway right-of-way to be the same legal standard that is applied by the Texas Transportation Commission according to the Texas Transportation Code, which may include the impairment of highway access to or from real property where the real property adjoins the highway. Town Council 175 of 202 Meeting Date: February 24, 2011 6 CITY-RELATED BILLS FILED H.B. 983 (Menendez) - Survivor Benefits: would make a survivor of an individual killed in the line of duty: (1) eligible to purchase health benefits from the deceased officer’s employer’s benefits carrier even if the survivor has health benefits with another employer; and (2) eligible to apply for health benefits until September 1, 2012, if the officer died after September 1993. H.B. 1066 (Workman) – Red Light Cameras: would require a local authority, including a city, to install a timer at each intersection at which a photographic traffic signal enforcement system is used that displays the number of seconds that remain before the signal changes. H.B. 1068 (F. Brown) – License Plates: would require the Department of Motor Vehicles to issue only one license plate for attachment at the rear of the vehicle for which the plate is issued and authorize a person to operate a vehicle on a public highway with only one license plate displayed and attached at the rear of the vehicle. H.B. 1079 (P. King) – Property Tax: would extend the current ten-percent appraisal cap to business property. (The cap currently applies only to residential homesteads.)(Companion bill is S.B. 474 by Patrick.) H.B. 1083 (Elkins) - Police Identification: would require a city police department to issue an identification card to an honorably retired police officer who holds a proficiency certificate. H.B. 1088 (C. Howard) – Property Tax: would: (1) clarify that only a citizen of the United States is eligible to serve on an appraisal review board; (2) provide that appraisal review board members are appointed by the local administrative district judge in the county in which the appraisal district is established; and (3) provide that members of a consolidated appraisal review board are appointed jointly by the local administrative district judges in the counties in which the appraisal districts that are parties to the contract are established. H.B. 1089 (Martinez Fischer) – Graffiti: would provide that a city may – but is not required to – first offer to remove graffiti for free prior to requiring the property owner to remove the graffiti. H.B. 1090 (N. Gonzalez) – Property Tax: would change the amount of interest that a city making a refund of property taxes following a judicial proceeding must pay from eight percent to an annual rate that is equal to the auction average rate quoted on a bank discount basis for three-month treasury bills issued by the federal government. H.B. 1092 (Christian) – Volunteer Fire Departments: would exempt certain volunteer fire department facilities in counties with a population of 80,000 or less from certain engineering- related construction requirements. Town Council 176 of 202 Meeting Date: February 24, 2011 7 H.B. 1094 (Farias) – Political Contributions and Expenditures: would: (1) require the clerk of a city with a population of 500,000 or more to post on the city’s Web site reports of political expenditures and contributions that are filed with the clerk by the mayor or a member of the city council; (2) repeal Election Code section 254.0401(b) relating to the Texas Ethics Commission’s duty to make available on the Internet reports for filing deadlines for candidates for office that are nominated by or seek the nomination of a political party required to nominated candidates by primary election and specific-purpose committees that support or oppose only one such candidate; and (3) repeal Local Government Code section 176.009(b) which requires a city with a population of 500,000 or more to post on the city’s Web site reports of political contributions and expenditures filed by members of the city council. H.B. 1096 (Farias) – Historically Underutilized Businesses: would provide that veterans who have a service-centered disability according to the federal Americans with Disabilities Act are eligible to be listed as historically underutilized businesses by the state. H.B. 1104 (Paxton) – Property Tax: would totally phase out ad valorem taxes on the residence homesteads of elderly persons by 2021. (Note: please see H.J.R. 83, below.) H.B. 1105 (Harper-Brown) – Transportation: would, among other things, provide that: (1) the Texas Department of Transportation will adopt a plan to ensure access to transportation by pedestrians, bicyclists, persons with disabilities, children, senior citizens, users of public transportation, movers of commercial goods, and motorists on streets and highways; and (2) a local authority (including a city) shall ensure that all transportation planning, design, construction, and reconstruction, street or highway improvements, and access roads, bicycle paths, and sidewalks to public transportation comply with the complete plan if federal or state funds are used. (Companion bill is S.B. 513 by Ellis.) H.B. 1107 (Zerwas) – County Assistance Districts: would authorize a county assistance district to raise sales taxes within a city’s limits without an election. (Companion bill is S.B. 520 by Hegar.) H.B. 1116 (Harper-Brown) – Radar Interference Devices: would make it a Class C misdemeanor offense for a person, other than a law enforcement officer in the discharge of his official duties, to use a radar interference device in a motor vehicle. H.B. 1118 (Ritter) – Property Tax: would provide that a taxing unit that purchases property at a foreclosure sale may sell the property at a private sale for an amount equal to or greater than its market value if: (1) the sum of the amount of the judgment plus post- judgment taxes, penalties, and interest owing against the property exceeds the market value; and (2) each taxing unit entitled to receive proceeds of the sale consents to the sale for that amount. The bill provides that a taxing unit that does not consent to a private sale is liable to the taxing unit that purchased the property for a pro rata share of the costs incurred by the Town Council 177 of 202 Meeting Date: February 24, 2011 8 purchasing unit in maintaining the property, including the costs of preventing the property from becoming a public nuisance or threat to the public health. H.B. 1122 (Weber) – Personal Bond: would: (1) make several changes to the law regarding the trafficking of persons; and (2) allow a magistrate to release a defendant on personal bond when charged with deadly assault on a law enforcement or corrections officer, employee of the Board of Pardons and Paroles, or a court participant. H.B. 1124 (Burnam) – Gas Pipelines: would enact various safety requirements applicable to gas pipelines in a county over the Barnett Shale, including – among other things – a prohibition on gathering or transmission pipelines being constructed within 50 feet of an established permanent structure that is used by human beings on a regular basis, unless certain conditions are met. H.B. 1125 (Burnam) – Gas Pipelines: would provide that the Texas Railroad Commission shall conduct a study regarding, among other things, the odorization of natural gas transported in gathering and transmission lines located in populated areas. H.B. 1131 (Larson) – Transportation Funding: would provide that: (1) money that is required to be used for public roadways by the Texas Constitution or federal law and that is deposited in the state treasury to the credit of the state highway fund be used only: (a) to improve the state highway system; or (b) to mitigate adverse environmental effects that result directly from construction or maintenance of a state highway; and (2) with certain exceptions, money in the state highway fund that is not described by (1), above, may be used only to improve the state highway system. (Note: Please see H.J.R. 84, below.) H.B. 1132 (Larson) – Public Nuisance: would give a person 15 days after receipt of notice to abate a public nuisance. H.B. 1135 (Aycock) – Application for Political Office: would: (1) prohibit a candidate from amending an application for a place on a ballot and prohibit an election authority from accepting an amendment to the application; and (2) prohibit a candidate from amending a petition filed in lieu of a filing fee and prohibit an election authority from accepting an amendment to the petition. H.B. 1136 (Aycock) – Notice to County Chairs: would require a city secretary to deliver written notice, at least 72 hours in advance, of the time and place of a meeting called by the city secretary for the purpose of discussing business related to an upcoming primary, runoff, or general election to the county chair of each political party that made nominations by primary election for the general election for state and county officers. H.B. 1137 (Darby) – Pseudoephedrine: would, among other things, provide that: (1) a business establishment may not sell to a person who makes over-the-counter purchases of one or more products containing ephedrine, pseudoephedrine, or norpseudoephedrine more than nine grams of those substances within a 30-day period; (2) before completing an over- Town Council 178 of 202 Meeting Date: February 24, 2011 9 the-counter sale of a product containing ephedrine, pseudoephedrine, or norpseudoephedrine, a business establishment shall transmit the sale information to a real-time electronic logging system used by pharmacies and law enforcement agencies and personnel, such as the National Precursor Log Exchange, that is administered by a nonprofit organization involved in the prevention and investigation of prescription drug diversion , if such a system is available to the establishment at no cost; and (3) a business establishment may not complete an over-the-counter sale of a product containing ephedrine, pseudoephedrine, or norpseudoephedrine if a real-time electronic logging system returns a report that the completion of the sale would result in the person obtaining an amount greater than allowed by the bill or current law, regardless of whether all or some of the products previously obtained by the buyer were sold at another business establishment. H.B. 1145 (Geren) – Air Quality: would allocate a certain amount of money from the Texas emissions reduction plan to fund the implementation and oversight of a regional air monitoring program in the Barnett Shale area, to be implemented through a regional nonprofit entity with representation from several interests, including cities. (This bill is identical to S.B. 527 by Fraser.) H.B. 1147 (W. Smith) – Geospatial Data: would require a city to provide certain notice on each geospatial data product (including any basic map) that: (1) is created or hosted by the city; (2) appears to represent property boundaries; and (3) was not produced using information from an on-the-ground survey conducted under the supervision of a registered professional land surveyor. H.B. 1153 (Paxton) – Property Tax: would: (1) require the comptroller to establish an Internet portal to allow a member of the public to access cities’ financial and tax information free of charge and that includes a link to a political subdivision’s Web site address or, if the city does not operate a website, contact information to enable a member of the public to obtain the information; (2) for any city that maintains such information on an Web site, allow a citizen to access: (a) the budget for the current fiscal year; (b) any proposed budget for a subsequent fiscal year being considered by the city; (c) the most recent annual financial report published by the city; (d) the most recent annual financial exhibit and monthly financial report as provided under the bill; (e) any other financial report, statement, or exhibit prepared by the city; and (f) each current check registry published by the city; (3) require that the Internet portal allow a user to access property tax information, including the Web site for an appraisal district and a table of the applicable property tax rates (maintenance and operations tax rate, effective tax rate, rollback tax rate, internet and sinking fund tax rate, and total tax rate) for each city in the state; (4) require the assessor for each taxing unit to provide tax rate information to the comptroller no later than October 31, or 30 days after the date the taxing unit adopts a tax rate for that tax year; (5) require the budget officer in a city with a population of 100,000 or more to publish in a newspaper and on a Web site (if maintained by the city) an exhibit that shows: (a) the aggregate amount paid from each fund for the four preceding quarters and the balance to the debit or credit of each fund; (b) the amount of municipal indebtedness; (c) the respective dates of accrual of that indebtedness; (d) to whom the debt is owed; (e) the reason for the debt; and (f) the amount to the debit or credit of each Town Council 179 of 202 Meeting Date: February 24, 2011 10 officer or other person with whom an account is kept in the municipal finance records; and (6) require the budget officer in a city with a population of 100,000 or more to publish in a newspaper and on a Web site (if maintained by the city) a monthly report on the financial condition of the city that includes: (a) all of the facts of interest related to the financial condition of the municipality; (b) a consolidated balance sheet; (c) a complete statement of the balances on hand at the beginning and end of the month; (d) a statement of the aggregate receipts and disbursements of each fund; (e) a statement of transfers to and from each fund; (f) a statement of the bond and warrant indebtedness with corresponding rates of interest; and (g) a summarized budget statement that shows the expenses paid from the budget, any encumbrances against the budgets, and the amounts available for further expenditures. H.B. 1154 (Walle) – Eight Liners: would: (1) authorize the comptroller to assess a penalty between $50 and $2,000 against an owner or operator of a coin-operated machine who is convicted, in relation to owning or operating the machine, of keeping a gambling place or possessing a gambling device, equipment, or paraphernalia; (2) provide that in a suit to recover the penalty, the comptroller or attorney general may recover reasonable expenses; (3) authorize a city to assess a civil penalty against an owner or operator of a coin-operated machine who is convicted, in relation to owning or operating the machine, of keeping a gambling place or possessing a gambling device, equipment, or paraphernalia; (4) authorize a city to sue to collect the civil penalty and, in the suit, recover reasonable expenses; and (5) allow a person assessed a civil penalty to request a hearing in accordance with applicable city hearing procedures. H.B. 1163 (Elkins) – Police Tuition Exemption: would provide for tuition and fee exemptions for certain police officers enrolled in college classes related to law enforcement or criminal justice. H.B. 1164 (Keffer) – Engineering: would prohibit the Texas Board of Professional Engineers from taking any enforcement action or imposing an administrative penalty for a violation of the Engineering Practices Act on a political subdivision of the state or a public official or employee of the state or of a political subdivision of the state who is not licensed under the Act. H.B. 1168 (D. Miller) – Smoke Alarms and Fire Extinguishers: would make several changes to the law regarding smoke alarms and fire extinguishers in residential rental units, including that: (1) a local ordinance could not require that a smoke alarm powered by alternating current, rather than battery, be installed in a dwelling unit built before September 1, 1987, unless: (a) the interior of the unit is repaired, remodeled, or rebuilt at a projected cost of more than $5,000 and requires a building permit; or (b) an addition occurs to the unit at a projected cost of more than $5,000; and (2) if a dwelling unit was occupied as a residence before September 1, 2011, or a certificate of occupancy was issued before that date, a smoke alarm may be powered by battery, alternating current, or other power source and is not required to be interconnected with other smoke alarms but that the alarm must comply with any local ordinance in effect at the time the unit was first occupied or a Town Council 180 of 202 Meeting Date: February 24, 2011 11 certificate of occupancy was issued requiring the alarm be powered by alternating current or other power source. H.B. 1175 (Workman) – City Council Elections: would: (1) require the city council of a city with a population of 500,000 or more to consist of a mayor elected at large and at least six members elected from single-member districts; and (2) require, among other things, that the single-member districts be compact, consist of contiguous territory, and be of equal population. (Companion bill is S.B. 380 by Wentworth.) H.B. 1178 (Flynn) – Personnel: would: (1) make it an unlawful employment practice for an employer, including a city, to terminate or not rehire an individual based on their service in the state militia; and (2) provide a procedure under which the Texas Workforce Commission reviews complaints regarding an alleged unemployment practice under the bill. H.B. 1181 (Deshotel) – Department of Rural Affairs: would abolish the Texas Department of Rural Affairs and transfer its functions to the Texas Department of Housing and Community Affairs, Department of State Health Services, and Department of Agriculture. H.B. 1183 (Raymond) – Eight Liners: would: (1) authorize a commissioners court and – in some instances – a city, to order, on proper petition, a local option election to legalize or prohibit the operation of eight-liners; and (2) authorize the imposition of a fee on eight-liner owners and provide for the allocation of the fee revenue as follows: (a) thirty percent to the state’s general revenue fund; and (b) seventy percent to a city in which the eight-liner is located. H.B. 1184 (Legler) – Property Tax: would reduce the property tax appraisal cap from ten to five percent, and apply the five percent cap to all property, not just to residential homesteads. (Note: please see H.J.R. 87, below.) H.B. 1192 (Castro) – Mandated Health Benefit: would require a group health benefit plan to provide coverage for serious emotional disturbance and serious mental illness of a child. H.B. 1194 (Zerwas) – Child Abuse/Neglect Investigations: would change requirements as to investigations and procedures with respect to allegations of child abuse and neglect, including: (1) an entity receiving a report of abuse or neglect shall maintain each report until the second anniversary of the date the entity receives the report; (2) an investigation that includes an examination of the subject child or a child in the house may not include a medical, psychological, or psychiatric exam unless the parent or guardian consents but that a Department of Family and Protective Services official can seek emergency medical attention for a child before a representative of a law enforcement agency arrives at the investigation; and (3) the standards for persons who investigate suspected child abuse and neglect at the local level shall provide procedures to preserve audio records, email, and other evidence until the second anniversary of the later of the date the evidence is created or date of a final judgment. Town Council 181 of 202 Meeting Date: February 24, 2011 12 H.B. 1200 (McClendon) – Law Enforcement: would require: (1) a city peace officer to whom a violation is reported involving the alleged photography or visual recording of certain payment card or sight order information or related offense to make a written report to the police department that includes the name of the victim, the name of the suspect, the type of information captured or transferred, and the results of any information; and (2) the police department to provide the report created to the victim. H.J.R. 82 (P. King) – Property Tax: would amend the Texas Constitution to permit the legislature to limit the maximum appraised value of commercial or industrial real property for ad valorem tax purposes to the lesser of: (1) the most recent market value of the property as determined by the appraisal entity; or (2) 110 percent or a greater percentage of the appraised value of the property for the preceding tax year. (Note: please see H.B. 1079, above.) H.J.R. 83 (Paxton) – Property Tax: would amend the Texas Constitution to permit the legislature to extend the ten-percent appraisal cap to business property. (Note: please see H.B. 1104, above.) H.J.R. 84 (Larson) – Transportation Funding: would amend the Texas Constitution to provide that, subject to legislative appropriation, allocation, and direction: (1) three-fourths of the net revenue that is remaining after payment of all refunds allowed by law and expenses of collection that is derived from taxes on motor fuels and lubricants used to propel motor vehicles over public highways – and on new and used motor vehicle tires and new and used motor vehicle part – shall be used for the sole purpose of constructing and maintaining public highways; and (2) one-fourth of the net revenue shall be allocated to the available school fund. (Please see H.B. 1131, above.) H.J.R. 86 (Murphy) – Immigration: would amend the Texas Constitution to provide that a person taken into custody for committing a felony shall be denied release on bail pending trial if a judge or magistrate, following a hearing, determines that the person is not a citizen or national of the United States and is not lawfully present in United States. H.J.R. 87 (Legler) – Property Tax: would amend the Texas Constitution to reduce the property tax appraisal cap from ten to five percent, and apply the five percent cap to all property, not just to residential homesteads. (Note: please see H.B. 1184, above.) S.B. 504 (Davis) – Electric Utility Rates: would add school districts and charter schools to the current list of entities that are entitled to a discounted rate for electric service provided by an electric utility or a municipally owned utility. S.B. 513 (Ellis) – Transportation: this bill is the same as H.B. 1105, above. S.B. 515 (Patrick) – Mandated Health Benefits: would prohibit the issuance of a penalty for an individual who refuses to enroll in a health benefit plan. Town Council 182 of 202 Meeting Date: February 24, 2011 13 S.B. 516 (Patrick) – Property Tax: would provide a complete residence homestead property tax exemption for the surviving spouse of a totally disabled veteran that has not remarried since the death of the disabled veteran. (Note: please see S.J.R. 21, below.) S.B. 519 (Hegar) – Municipal Court: would extend the period after the rendition of judgment and sentence in municipal court during which a motion for new trial must be made to five days. S.B. 520 (Hegar) – County Assistance Districts: this bill is the same as H.B. 1107, above.) S.B. 521 (Carona) – Mandated Health Benefits: would prohibit a health benefit provider from dropping an enrollee because the enrollee uses an out of network doctor. S.B. 523 (Nichols) – Transportation Funding: would provide that, beginning in ten percent increments in 2013 and being complete in 2022, the net revenue derived from the state sales tax imposed on the sale of a motor vehicle sold in this state shall be deposited to the credit of the state highway fund. (Note: Please see S.J.R. 22, below.) S.B. 527 (Fraser) – Air Quality: This bill is the same as H.B. 1145, above.) S.B. 531 (Davis) – Sobriety Checkpoints: would authorize sobriety checkpoints by the Texas Department of Public Safety, the sheriff's department of a county with a population of 250,000 or more, or the police department of a city with a population of 500,000 or more; and (2) provide detailed guidelines for checkpoint operations, including – among many others – requirements that: (1)the mayor of a city approve a checkpoint operated by the police department of the city; (b) the law enforcement agency record in writing and publish on an appropriate publicly accessible Internet Web site the procedures used to implement the bill; (c) before beginning the operation of a sobriety checkpoint, the law enforcement agency shall publicize through the use of the media the date and time for the operation of the checkpoint but is not required to disclose the location of the checkpoint; and (d) not later than January 15 of each calendar year, each law enforcement agency that operated a sobriety checkpoint during the preceding calendar year shall report the operation of the checkpoint to the traffic safety section of the traffic operations division of the Texas Department of Transportation. (Companion bill is H.B. 439 by T. Smith.) S.B. 536 (Davis) – Law Enforcement: would require a city peace officer who acts as a school resource officer under a memorandum of understanding between the school district and the city to comply with the use of confinement, restraint, seclusion, and time-out provisions outlined in the Education Code. S.B. 538 (Nichols) – Transportation Reinvestment Zones: would amend the law relating to transportation reinvestment zones (TRZs) to provide that: (1) an ordinance designating an area as a TRZ must, among other things, designate the base year for purposes of establishing the tax increment base of the municipality; (2) from taxes collected on property in a TRZ, the city shall pay into the tax increment account the tax increment produced by the city, less any Town Council 183 of 202 Meeting Date: February 24, 2011 14 amount allocated under previous agreements; (3) all, or the portion specified by the city, of the money deposited to a tax increment account must be used to fund the transportation project for which the TRZ was designated, and any remaining money deposited to the tax increment account may be used for other transportation projects or for improvements in the TRZ; (4) the governing body of a city may contract with a public or private entity to develop, redevelop, or improve a transportation project in a TRZ and may pledge and assign all or a specified amount of money in the tax increment account to that entity; (5) to accommodate changes in the scope of the project for which a TRZ was designated, the boundaries of a zone may be amended, with certain exceptions; and (6) county TRZ authority is expanded. S.B. 540 (Van de Putte) – Property Tax: would: (1) require the comptroller to study the fiscal impact that would have been created during the preceding ten years by the adjustment of the maximum amount of the exemption to which a disabled veteran and the surviving spouses and children of disabled veterans, and certain members of the armed forces, are entitled; and (2) require a local government to provide information and assistance at the request of the comptroller. S.B. 541 (Carona) – Cruelty to Animals: would provide that when an animal’s owner has cruelly treated the animal and been divested of ownership: (1) a court could order the animal to be given to a city or county animal shelter; (2) a court must order the owner to pay any costs incurred by a city or county animal shelter in housing and caring for the animal; (3) a court must set the amount of bond for an appeal to include the estimated costs to house and care for the impounded animal as provided by the city, county, or a nonprofit; (4) an officer that is unable to sell the animal at auction may give the animal to a city or county animal shelter; and (5) the owner may appeal the divestment order and the court shall provide either a transcript, clerk’s record, or audio recording of the proceedings, depending upon whether the court is or is not a court of record. (Companion bill is H.B. 963 by Hartnett.) S.B. 542 (Hegar) – Police Chief Trainning: would provide that a police chief shall complete the initial training and continuing education required under the Texas Education Code. (Companion bill is H.B. 621 by Fletcher.) S.B. 543 (Hegar) – Probate: would prohibit the charging of certain probate fees for the filing of the will of an officer killed in the line of duty. S.B. 545 (Seliger) – Police Education: would: (1) require a police chief to indicate that an officer was terminated when filing a report to the Texas Commission on Law Enforcement Officer and Education; (2) allow an officer to dispute a report stating that the officer was terminated in an appeal to the State Office of Administrative Hearings; and (3) allow the Commission to assess an administrative penalty against a police chief who fails to make a correction to an employment termination report after being ordered to do so by the State Office of Administrative Hearings. (Companion bill is H.B. 520 by Driver.) S.B. 549 (Ellis) – TCEQ Permits: would require an applicant for certain new facility or expansion of facility permits to, depending on the location of the facility in community with Town Council 184 of 202 Meeting Date: February 24, 2011 15 certain percentages of minority inhabitants or inhabitants below the federal poverty level to: (1) submit an environmental justice report to the Texas Commission on Environmental Quality (TCEQ); (2) file a public participation plan with the TCEQ, (3) if within city limits, consult with the mayor to evaluate the need for a community environmental benefit agreement in order to mitigate adverse effects on the community; and (4) participate in a public hearing. S.B. 551 (Williams) – Property Tax: would provide that back taxes assessed on an improvement to real property do not incur interest if: (1) the property on which the improvement is located did not escape taxation in the year the improvement escaped taxation; (2) the appraisal district had actual or constructive notice of the presence of the improvement the year the improvement escaped taxation (constructive notice can be acquired if building permit is issued for an improvement); and (3) the property owner pays all back taxes on the improvement within 120 days of when the tax bill for back taxes on improvement is sent to property owner. (Companion bill is H.B. 234 by Otto .) S.B. 552 (Carona) – Energy Efficiency: would, among many other things: (1) establish the state-level Energy Efficiency Coordination Council (EECC); (2) provide that the EECC shall coordinate with state agencies, utility providers, energy efficiency service providers, and other organizations and persons to develop and administer energy efficiency programs; (3) require the EECC to set statewide savings targets for electricity, natural gas, and electric consumption that results from the diversion, transportation, delivery, treatment, or purification of water, wastewater, and storm water to reduce peak demand and overall demand for the resources by at least 20 percent not later than 2020 compared to the peak demand and overall demand for the resources in 2011; (4) require the EECC to establish a standing advisory committee composed of 15 members, including representatives from local government and ratepayers from municipally owned utilities; (5) provide that the advisory committee shall make recommendations to the EECC regarding the effect of energy efficiency programs and creating or improving energy efficiency programs to better serve those interests; (6) require the EECC to: (a) collect information regarding energy savings and demand reduction by reviewing energy efficiency programs in the state; and (b) submit the information collected to the Energy Systems Laboratory at the Texas Engineering Experiment Station of The Texas A&M University System, the State Energy Conservation Office, and the Electric Reliability Council of Texas; (7) provide that each state agency, utility provider, and energy efficiency service provider shall submit information required by the EECC in an electronic format and within the time required; and (8) create fines for an entity that does not submit required information. S.B. 555 (Watson) – LP Gas: would: (1) provide that an LP gas utility is a person that owns or operates for compensation in this state equipment and facilities connected to a contiguous piping system through which LP gas is supplied to residential and commercial end users; and (2) subject an LP gas utility to the jurisdiction of the Texas Railroad Commission. (Note: This bill would appear to preempt municipal regulation of LP gas utilities. Any city that regulates LP gas utilities within its city limits should review the bill carefully.) Town Council 185 of 202 Meeting Date: February 24, 2011 16 S.J.R. 21 (Patrick) – Property Tax: would amend the Texas Constitution to permit the legislature to provide a complete residence homestead property tax exemption for the surviving spouse of a totally disabled veteran that has not remarried since the death of the disabled veteran. (Note: please see S.B. 516, above.) S.J.R. 22 (Nichols) – Transportation Funding: would amend the Texas Constitution to provide that: (1) beginning in increments in 2013 and being complete in 2022, the net revenue derived from the state sales tax imposed on the sale of a motor vehicle sold in this state shall be deposited to the credit of the state highway fund and may be appropriated only for the purpose of: (a) acquiring rights-of-way; (b) constructing and maintaining public roadways; or (c) repaying the principal and interest on general obligation bonds; and (2) number 1, above, does not apply to any revenue that was required to be used to fund school property tax reductions. (Note: Please see S.B. 523, above.) 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 186 of 202 Meeting Date: February 24, 2011 1 February 18, 2011 Number 7 MORE ON THE STATE BUDGET The overarching issue in the early days of this legislative session has been the state budget. What relatively little money cities currently get from the state may be dramatically cut. (One example of the cuts, a reduction in the amount of the city share of the mixed drink alcoholic beverage tax, was discussed at a recent hearing before the Senate Finance Committee. Go to http://www.wwwebinars.com/LUVideo/LUVideo1.swf to listen to a short portion of that hearing, during which legislators question the ease with which they can “sweep” the city portion of that tax into state coffers.) In light of the proposed cuts, city officials must keep perspective. The state’s budget deficit is so vast that it is a virtual certainty cities will face funding cuts. Far worse, however, would be legislation that requires cities to maintain current service levels in the state programs that are being cut (unfunded mandates), or that would limit the ability of cities to fund such vital services as police, fire, streets, and trash collection (artificial revenue restrictions). The vast majority of our efforts must be to prevent these mandates and/or revenue restrictions. This doesn’t mean that city officials shouldn’t speak out against the proposed cuts; they should. But, more importantly, cities should insist that they be allowed to handle those cuts as they deem necessary and continue to provide essential services as each community sees fit. Town Council 187 of 202 Meeting Date: February 24, 2011 2 To ensure that the legislators who prepare the state budget are aware of exactly what the proposed cuts would do to cities, the League prepared and submitted testimony in the form of letters to the Senate Finance Committee and the House Appropriations Committee. To view those letters, click on the following links: http://www.tml.org/leg_updates/housebudgetletter.pdf http://www.tml.org/leg_updates/senatebudgetletter.pdf PRESIDENT INTRODUCES FEDERAL BUDGET THAT INCLUDES CDBG CUTS President Obama officially released his FY 2012 budget proposal on Monday, February 14. The budget recommends cutting funding for many domestic discretionary programs, including the previously-announced $300-million cut to the Community Development Block Grant (CDBG) program. Release of the President’s budget marks the beginning of the negotiation process on federal spending between the White House and house and senate leaders, and will play out over the next several months. Given the tremendous pressure from the White House and House Republicans to cut spending for programs like CDBG, the National League of Cities (NLC) is already coordinating its advocacy efforts to save CDBG with the U.S. Conference of Mayors, the National Association of Counties, and other national community development organizations, and is meeting with White House officials and congressional members to urge their support for this program, which is essential to job creation and economic recovery efforts in hometowns across America. (Note: This is a condensed version of a National League of Cities update and is reprinted with NLC’s permission.) WHAT’S YOUR AREA OF EXPERTISE OR INTEREST? JOIN YOUR FAVORITE E-LIST The TML staff is gathering e-mail addresses from city officials (elected or appointed) who are willing to provide testimony during the 2011 legislative session, want to be kept “in the loop” on certain subject matters, or are willing to simply provide their perspective on a particular legislative matter. If you would like to participate in this E-List project, simply go to http://www.tml.org/genform/E-List.asp and fill out the online form. If you have any questions, please contact JJ Rocha at jj@tml.org or 512-231-7400. Town Council 188 of 202 Meeting Date: February 24, 2011 3 SIGNIFICANT COMMITTEE ACTION S.B. 44 (Zaffirini), relating to the detention and transportation of a person with a mental illness. As voted from the Senate Committee on Health and Human Services, the bill would: (1) give a peace officer who takes a person into custody without a warrant because the officer believes the person is mentally ill and may harm himself the option of transporting the person to a medical or other facility that the local mental health authority deems suitable; (2) establish that a jail or facility used to detain persons charged with crimes is not a facility suitable for a person believed to be mentally ill or held under a protective custody order unless other suitable facilities are unavailable or more than 75 miles away; (3) allow the detention of a person believed to be mentally ill or held under a protective order in a jail for no longer than 12 hours and require the officer responsible for the jail to document when the detention begins, how long it lasts, the reason for detention, and the time a representative of a local mental health authority arrives at the facility; (4) prohibit detaining a person believed to be mentally ill or person held under protective custody order with a person charged or convicted of a crime; and (5) allow restraint of a detained or committed patient only during apprehension, detention, or transport of the patient and require that the patient be able to sit in an upright position without undue difficulty. CITY-RELATED BILLS FILED H.B. 1202 (Riddle) – Immigration: would make it a criminal offense to employ or contract with an undocumented immigrant, unless the employment is by the owner of a single family residence to perform work on the residence. H.B. 1203 (Harper-Brown) – School Buses: would: (1) generally prohibit the idling of a school bus with a diesel engine while the bus is at a school or in a school crossing zone; and (2) authorize a local authority to enforce the prohibition. H.B. 1207 (S. Davis) – Child Abduction Prevention: would establish the Uniform Child Abduction Prevention Act and provide, among other things, that: (1) in order to prevent an imminent child abduction, a court may direct law enforcement to take any action reasonably necessary to locate a child, obtain return of a child, or enforce a custody determination; and (2) a court may issue an ex parte warrant that directs law enforcement officers to take physical custody of a child and, if necessary, forcibly enter private property at any hour. H.B. 1215 (McClendon) – Unauthorized Acquisition or Transfer of Financial Information: would: (1) create the offense of unauthorized acquisition or transfer of certain financial information; (2) require a peace officer to make a written report to the law enforcement agency that employs the officer of an alleged offense described in (1), Town Council 189 of 202 Meeting Date: February 24, 2011 4 above; and (3) require the law enforcement agency to provide the report to the victim, if requested. H.B. 1219 (Miles) – Employee Leave: would: (1) require an employer to give an employee up to 30 days of unpaid leave with benefits to handle issues related to family violence against the individual or the individual's child; (2) require an employee to take any accrued paid leave first; (3) require an employer to post notice of the rights given to employees by this law; (4) make information related to the purpose of the unpaid leave confidential; and (5) prohibit retaliation for use of this unpaid leave. H.B. 1223 (Workman) – Water and Sewer Utilities: would: (1) require a small water or sewer utility that is not owned by a city or water or sewer supply corporation to make a change in its rates by holding an election via ballots mailed to ratepayers; (2) outline the procedures for such an election; (3) prohibit the utility from recovering costs incurred from a rate appeal by the utility if the majority of votes were against a rate increase; and (4) restrict how often such an election may be held. H.B. 1231 (Hopson) – Volunteer Fire Departments: would exempt certain volunteer fire department facilities in counties with a population of 80,000 or less from certain engineering-related construction requirements. (Companion bill is H.B. 1092 by Christian.) H.B. 1233 (Gonzalez) – State Traffic Fine: would increase the amount of the “state traffic fine” on convictions in municipal court from $30 to $45. H.B. 1239 (Zedler) – Day Labor Centers: would prohibit a local governmental entity, including a city, from using public money to construct or operate a day labor center used for the purpose of facilitating the knowing employment of a person who is not a citizen, legal permanent resident, qualified alien, or nonimmigrant lawfully present in the United States. H.B. 1242 (Geren) – Metal Recycling: would, among other things, provide that a peace officer who has reasonable suspicion to believe that an item of crafted precious metal in the possession of a dealer is stolen may place the item on hold by issuing to the dealer a written notice containing certain information. H.B. 1249 (Callegari) – Civil Service: would: (1) repeal various requirements for the attorney general to report, communicate, and publish certain information; and (2) repeal the requirement that a department head for a police or fire department operating under civil service must file with the attorney general a statement describing a criminal investigation if the department head intends to order an indefinite suspension of an officer or firefighter who is under felony indictment or misdemeanor complaint. Town Council 190 of 202 Meeting Date: February 24, 2011 5 H.B. 1250 (Frullo) – Facsimile Signatures: would: (1) allow an authorized officer of a city of 200,000 or more to execute a public security, an instrument of payment, a certificate of assessment, and certain contracts with the officer’s facsimile signature rather than a manual signature; and (2) authorize a facsimile signature on a health and safety lien statement. (Companion bill is S.B. 577 by Duncan.) H.B. 1261 (Thompson) – Municipal Court: would increase the amount of the local option municipal court technology fee to $5. H.B. 1272 (D. Miller) – Immigration: would require an employer, including a city, to enroll in and use the federal E-Verify Program. H.B. 1273 (Workman) – LP Gas: would: (1) provide that an LP gas utility is a person that owns or operates for compensation in this state equipment and facilities connected to a contiguous piping system through which LP gas is supplied to residential and commercial end users; and (2) subject an LP gas utility to the jurisdiction of the Texas Railroad Commission. (Note: This bill would appear to preempt municipal regulation of LP gas utilities. Any city that regulates LP gas utilities within its city limits should review the bill carefully.) H.B. 1275 (Harless) – Immigration: would: (1) prohibit an employer, including a city, from knowingly employing an undocumented immigrant; (2) penalize a city by revoking any government license it holds if it knowingly employs an undocumented immigrant; (3) allow individuals to file complaints if they have reason to believe the city is employing an individual who is an undocumented immigrant; (4) require a licensing authority, including a city, to suspend any license issued to a person found to have knowingly employed an undocumented immigrant; and (5) allow a licensing authority, including a city, to charge a fee to a person whose license is suspended under this law. H.B. 1276 (Guillen) – Transportation Funding: would provide that: (1) a peace officer who stops a motor vehicle for an alleged violation of a law or ordinance shall report to the law enforcement agency that employs the officer information relating to the stop, including among other things the race or ethnicity of each passenger in the motor vehicle, as stated by the passenger or, if the passenger does not state the person’s race or ethnicity, as determined by the officer to the best of the officer’s ability; and (2) the Texas Department of Transportation shall work and plan with local transportation planning entities to maximize the amount of federal funding awarded for projects in the state by identifying and pursuing projects that are eligible for federal grant programs, including the scenic byways program. H.B. 1282 (Kleinschmidt) – Property Tax: would provide that the chief appraiser of an appraisal district is elected rather than appointed. Town Council 191 of 202 Meeting Date: February 24, 2011 6 H.B. 1283 (Craddick) – Procurement: would provide that – for a contract of less than $500,000 – a city may, when purchasing any real property, personal property, or services other than construction services, give preference to a local bidder that is within five percent of the lowest bid price if certain conditions are met. (Companion bill is S.B. 640 by Seliger.) H.B. 1284 (Menendez) – Affordable Housing: would, among other things, transfer of the powers, duties, and programs of the Texas State Affordable Housing Corporation to the Texas Department of Housing and Community Affairs, including provisions relating to providing grants, supportive housing services, and housing retention services to support services offered to homeless persons by political subdivisions, housing finance corporations, for-profit corporations, and nonprofit organizations. H.B. 1285 (Kleinschmidt) – Property Tax: would require the holder of mineral property to obtain a tax certificate from the collector for each taxing unit that taxes the mineral interest, and pay the taxing unit the delinquent taxes, penalties, interest, and other costs due to the taxing unit out of the mineral proceeds that are presumed to be abandoned. H.B. 1287 (Villarreal) – Property Tax: would change the amount of interest that a city making a refund of property taxes following a judicial proceeding must pay from eight percent to an annual rate that is equal to the auction average rate quoted on a bank discount basis for three-month treasury bills issued by the federal government. H.B. 1292 (Coleman) – Mandated Health Benefit: would generally require health benefit plans to cover the treatment of anorexia nervosa, bulimia nervosa, and other eating disorders. H.B. 1297 (Paxton) – Immigration: would: (1) provide that a city may not adopt a rule, policy, or ordinance, or follow a practice, that requires a peace officer to violate a state or federal criminal law; and (2) provide that a city may enter into an agreement with United States Immigration and Customs Enforcement (ICE) to train and authorize city police officers to perform the functions of an immigration officer; (3) provide that if a city enters into such an agreement, the agreement: (a) cannot require a peace officer to violate state racial profiling law; and (b) must require a peace officer to comply with state reporting requirements for motor vehicle stops; and (3) allow a city to request funds from the criminal justice division of the governor’s office for expenditures incurred by the city in connection with an agreement with ICE. H.B. 1302 (Larson) – Texas Energy and Communications Commission: would provide that, on January 1, 2012, the Railroad Commission of Texas is reestablished as the Texas Energy and Communications Commission (TECC), and that the powers, duties, obligations, rights, contracts, records, employees, property, funds, and appropriations of Town Council 192 of 202 Meeting Date: February 24, 2011 7 the Public Utility Commission of Texas are transferred to the TECC on September 1, 2012. H.B. 1308 (Villarreal) – Taxes: would create a “select commission on periodic tax review” and charge the commission with periodically reviewing all state and local taxes and other revenue sources and making recommendations as to whether the taxes or revenue sources should be continued or repealed. H.B. 1309 (Craddick) – Sexting: would: (1) create the offense of electronic transmission of certain visual material depicting a minor; (2) provide that is an affirmative defense to prosecution of the offense described in (1), above, if the defendant, among other things, reports receipt of the material to a law enforcement agency not later than 48 hours after receiving the visual material from another minor; (3) create various education programs concerning the prevention and awareness of the offense described in (1), above; and (4) require certain courts, including a municipal court, to order a defendant guilty of the offense described in (1), above, to attend and complete an educational program about the consequences of the offense and require the defendant or the defendant’s parent to pay the cost of the program if financially able. H.B. 1317 (Naishtat) – Property Tax: would provide that, for sales tax purposes, there is a rebuttable presumption that a retailer is engaged in business in this state if the retailer: (1) enters into an agreement with a Texas resident under which the resident receives a commission or other consideration for the referral of potential customers by any means, including by a link on an Internet Web site; and (2) received at least $10,000 during the previous four calendar quarters in cumulative gross receipts from sales to consumers located in Texas who were referred to the retailer by an agreement under (1), above. H.B. 1319 (Laubenberg) – Water Conservation: would: (1) require the Texas Water Development Board and Texas Commission on Environmental Quality to consult with the Water Conservation Advisory Council to develop uniform methodology and guidance for calculating and reporting municipal water use and conservation; and (2) require all municipal water utilities to use the system in developing water conservation plans and preparing reports required by the Water Code. H.B. 1321 (Allen) – Mandated Health Benefit: would extend required health benefit coverage for autism from 9 years of age to 17 years of age. H.B. 1328 (Raymond) – TCLEOSE: would require the Texas Commission on Law Enforcement Standards and Education to create a voluntary training program on the use of electromagnetic pulse devices (an EMP device is used to disable a fleeing suspect’s engine in a police chase) for police officers. Town Council 193 of 202 Meeting Date: February 24, 2011 8 H.B. 1336 (Allen) – School Bus: would: (1) authorize a school district to implement a school bus monitoring system that records images, including images of vehicles that pass a stopped school bus; and (2) allow for the imposition of a civil penalty for such violation. H.B. 1353 (Elkins) – Speed Limits: would: (1) increase the speed to 75 miles per hour on state and interstate highways regardless of the type of vehicle or time of day; (2) allow a speed limit of 60 miles per hour on non-urban highways and other roads regardless of time of day; (3) require all speed limits to be the same regardless of the time of day; and (4) repeal lower speed limits for trucks. H.B. 1354 (S. Davis) – City Building Inspectors: would grant certified city building inspectors immunity from civil damages, including personal injury, wrongful death, property damage, or other loss arising from services provided by the inspector during an emergency. H.B. 1360 (Coleman) – County Sign Authority: would give a county the authority to prohibit new off-premise signs in the unincorporated areas of the county. H.B. 1365 (Callegari) – Red Light Cameras: would require that signs installed at an intersection alerting drivers to the presence of a photographic traffic monitoring system or photographic traffic signal enforcement system: (1) may not be located more than 750 feet from the intersection; (2) must have affixed a flashing yellow circular beacon; and (3) must comply with design and size requirements established by the Texas Department of Transportation. H.B. 1372 (Christian) – Housing Authority: would repeal the requirement to appoint a tenant to the position of commissioner in a municipal housing authority if: (1) the housing authority has less than 300 units; and (2) certain other conditions are met. H.B. 1375 (Bohac) – Immigration: would: (1) prohibit a city from adopting a policy under which the city’s police department or other city officials would not fully enforce state or federal laws relating to immigration; (2) allow the attorney general to file suit to compel a governmental entity to fully enforce immigration laws; and (3) allow the attorney general to recover reasonable expenses incurred enforcing this law. (Companion bill is H.B. 247 by Solomons.) H.B. 1376 (Bohac) – Junked Vehicles: would rephrase the definition of “junked vehicle” in state law to include vehicles that: (1) display an expired license plate or invalid inspection sticker; or (2) do not display any license plate or inspection sticker. H.B. 1377 (V. Taylor) – Motor Vehicle Stops: would: (1) authorize a peace officer who makes a motor vehicle stop to request and obtain: (a) one digital fingerprint from Town Council 194 of 202 Meeting Date: February 24, 2011 9 each hand of the vehicle’s operator if the person fails to provide a driver’s license, a passport, or other form of photographic identification; and (b) an ink fingerprint if the operator fails to provide identification described in (a) and the officer issues a citation; (2) authorize a law enforcement agency to maintain the fingerprint beyond the duration of the stop if the person is cited or arrested during or as a result of the stop; (3) require discard of the fingerprint after the charge is dismissed, the person is acquitted, or the person is convicted of an offense punishable by fine; (4) require a court to notif y fingerprint custodians after disposition of a defendant’s case; and (5) allow an officer to obtain fingerprints through a person’s voluntary compliance with the officer’s request or other lawful means. H.B. 1382 (Bohac) – Immigration Status: would: (1) require a law enforcement agency that arrests or has custody of a person to have the person’s immigration status verified not later than 48 hours after the arrest and before the person is released on bond; and (2) if United States Immigration and Customs Enforcement (ICE) does not have the result of the immigration status verification, notify ICE if the verification reveals that the person is not a citizen or national of the United States and is unlawfully present in the United States. H.J.R. 93 (Christian) – Property Tax: would amend the Texas Constitution to exempt the total appraised value of residential real property from property taxes. S.B. 572 (Nichols) – Certificates of Convenience and Necessity: would: (1) broaden the group of landowners required to be listed in an application for a certificate of convenience and necessity (CCN); (2) broaden the group of landowners to whom notice of a CCN application must be mailed; (3) require the Texas Commission on Environmental Quality (TCEQ) to create a form that must be used to provide notice to landowners; (4) require the express consent of the owner of a tract of land that is at least ten acres, any part of which in included in the proposed area of the CCN, before any part of the land may be included in the CCN; and (5) in a city larger than 500,000 population (or in that city’s ETJ), an owner of a tract of land of more than ten acres may be included without consent, but retains the right to contest the inclusion at a public hearing held by the TCEQ. S.B. 573 (Nichols) – Certificates of Convenience and Necessity: would: (1) broaden the group of landowners eligible for expedited release from a certificate of convenience and necessity (CCN); and (2) broaden the situations in which a landowner could petition for expedited release from a CCN. S.B. 574 (Van de Putte) – Mandated Health Benefit: would require coverage of serious emotional disturbance of a child by group health benefit plans. S.B. 577 (Duncan) – Facsimile Signatures: this bill is the same as H.B. 1250, above. Town Council 195 of 202 Meeting Date: February 24, 2011 10 S.B. 578 (Fraser) – Municipal Court: would require a municipal court to take certain steps and make certain provisions for witnesses testifying in a case. S.B. 582 (Harris) – Property Tax: would allow a city to serve notice of delinquent property taxes to a domestic or foreign limited liability company whose right to transact business in the state was forfeited by the comptroller, or on a limited liability company that was involuntarily terminated or had its registration revoked. S.B. 589 (Uresti) – Property Tax: would: (1) clarify that only a citizen of the United States is eligible to serve on an appraisal review board; (2) provide that appraisal review board members are appointed by the local administrative district judge in the county in which the appraisal district is established; and (3) provide that members of a consolidated appraisal review board are appointed jointly by the local administrative district judges in the counties in which the appraisal districts that are parties to the contract are established. (Companion bill is H.B. 1088 by C. Howard.) S.B. 592 (Pitts) – State Auditor: would authorize the state auditor to perform an audit of any local governmental entity or political subdivision that received funding under the American Recovery and Reinvestment Act of 2009. (Companion bill is H.B. 593 by Pitts.) S.B. 600 (Rodriguez) – Immigration Status: would prohibit a peace officer from inquiring about the nationality or immigration status of a victim or witness to a criminal offense, except as necessary to investigate the offense. S.B. 602 (Rodriguez) – Public Information: would: (1) authorize a governmental body to redact certain motor vehicle record information without the necessity of requesting a decision from the attorney general; (2) authorize a governmental body to redact a credit card, debit card, charge card, or access device number without the necessity of requesting a decision from the attorney general; (3) make a public information request that is modified in response to the requirement of a deposit or bond a separate request that is considered received on the date the governmental body receives the modified request; and (4) provide that if a governmental body receives a written request by mail and cannot establish the actual date of receipt, the written request is considered to be received on the third business day after the date of the postmark. S.B. 608 (Rodriguez) – Fireworks: would: (1) authorize a county to impose a fee on a person who sells fireworks in the unincorporated area of the county; and (2) make the explosion or ignition of a firework in a public place or near a private residence a criminal offense. Town Council 196 of 202 Meeting Date: February 24, 2011 11 S.B. 617 (Rodriguez) – Municipal Waste: would require a person who generates, collects, conveys, transports, processes, stores, or disposes of municipal sewage sludge, grit trap waste, or grease trap waste, to follow certain guidelines with regard to recordkeeping. S.B. 618 (Rodriguez) – Sales Tax: would exempt from sales tax the sale, use, or installation of a solar energy device that is installed on a retail customer’s side of the meter S.B. 624 (Whitmire) – Driver Responsibility Program: would repeal the state driver responsibility program. S.B. 627 (Davis) – Property Tax: would: (1) require a taxing unit to make a payment to the tax increment fund not later than the 90th day after the later of: (a) the delinquency date for the unit’s property taxes; or (b) the date the city or county that created the zone submits to the taxing unit an invoice specifying the amount the taxing unit is required to pay into the tax increment zone; and (2) allow a county commissioners court that enters into an agreement with a city council to also enter into an agreement with the city council for payment into the tax increment fund on behalf of a taxing unit other than the county if the property tax rate of the other taxing entity must be approved by the commissioners court, or if the commissioners court is expressly required by statute to levy the ad valorem taxes of the other entity. S.B. 635 (Nichols) – Water Rates: would allow the executive director of the Texas Commission on Environmental Quality (TCEQ) to establish interim rates during an appeal of water rates to the TCEQ. S.B. 637 (Nichols) – Water and Sewer Rates: would prohibit the ratemaking authority (either a city or the Texas Commission on Environmental Quality) from including legal expenses incurred by a privately owned water and sewer utility during a contested ratemaking case or appeal in the calculation of water rates, unless the proceeding or appeal results in the approval of the utility’s proposed rate. S.B. 640 (Seliger) – Procurement: this bill is the same as H.B. 1283, above. S.B. 641 (Seliger) – Property Tax: would change the amount of interest that a city making a refund of property taxes following a judicial proceeding must pay from eight percent to an annual rate that is equal to the auction average rate quoted on a bank discount basis for three-month treasury bills issued by the federal government. (Companion bill is H.B. 1090 by Gonzalez.) S.B. 642 (Seliger) – TMRS: would: (1) allow a participating Texas Municipal Retirement System (TMRS) city to adopt a non-retroactive flat rate Cost of Living Town Council 197 of 202 Meeting Date: February 24, 2011 12 Adjustment (COLA); (2) to comply with federal law applicable to qualified plans, provide that any increased payment to an annuitant resulting from such a COLA adopted by a city would be limited to the cumulative increase the annuitant would have been entitled to receive if the 70 percent of CPI limit under TMRS’s existing law had been applied to the annuity; and (3) require that, if a city adopts an ordinance to either discontinue an annually repeating COLA or to reduce an annually repeating COLA, the city must give written notice to members and annuitants at least 60 days prior to the effective date of the change adopted in the ordinance. S.B. 667 (Duncan) – Groundwater: would: (1) recognize the right of a landowner to seek and attempt to capture the groundwater that underlies the surface of the land; (2) clarify that a recognition of such rights shall not be construed to prohibit the reasonable regulation, preservation, and conservation of groundwater by a groundwater management district; and (3) outline the types of limitations a groundwater conservation district would be allowed to put on the production of groundwater. S.B. 669 (Wentworth) – Public Information: would: (1) define “manipulation,” for purposes of the Public Information Act, to include a search of an e-mail or text message account and the retrieval and transfer of e-mails or text messages into a paper or other format that can be provided to or inspected by a requestor; (2) provide that time deadlines related to providing an itemized estimate of charges toll deadlines to request an attorney general decision beginning on the date the itemized or updated itemized statement is considered sent and ending on the date the governmental body receives a response; and (3) provide that if a requestor modifies a request in response to the requirement for a deposit or bond, the modified request is a separate request considered received on the date the written modified request is received. S.B. 670 (Gallegos) – Halfway Houses: would: (1) require that a private entity that proposes to construct or operate a halfway house within 1,000 feet of a residential area, primary school, secondary school, park, or public recreation area give written notice to a city that includes within its boundaries all or part of the land within the 1,000 foot area; (2) require the private entity to post an outdoor sign at the proposed location of the halfway house indicating that a halfway house is intended to be located on the premises; (3) authorize the private entity to operate the halfway house within the 1,000 foot area unless local consent is denied; and (4) provide that local consent to a halfway house is granted unless, not later than 60 days after receiving notice, the city council determines by resolution that it is not in the best interest of the city. S.B. 672 (Gallegos) – Air Quality: would require the Texas Commission on Environmental Quality (TCEQ) to: (1) establish and maintain an air pollutant watch list; (2) adopt guidelines for effects screening levels for air contaminants as determined by the TCEQ; and (3) provide notice of certain emissions events. Town Council 198 of 202 Meeting Date: February 24, 2011 13 S.B. 673 (Gallegos) – Environmental Enforcement: would expand the Texas Commission on Environmental Quality’s (TCEQ) supplemental environmental project program by authorizing the TCEQ to approve a supplemental environmental project in lieu of a fine that is necessary to bring the city into compliance with environmental laws, remediate environmental harm caused by the city’s alleged violation, or that the city has already agreed to perform under a preexisting agreement. S.B. 677 (Gallegos) – Public Information: would authorize the imposition of a civil penalty, not to exceed $1,000, for each violation of the Public Information Act by a governmental body and provide that each day a violation continues is a separate violation. S.B. 682 (Huffman) – Criminal History Records: would: (1) entitle an appraisal district to obtain criminal history record information from the Texas Department of Public Safety for a person who is an applicant for appointment to the appraisal review board; and (2) allow the appraisal district to provide the criminal history record information to the local administrative district judge or to the appraisal review board commissioners if they are appointed by the local administrative district judge. S.B. 687 (Huffman) – Law Enforcement: would: (1) make various changes to the law regarding the interception of wire, oral, or electronic communications for law enforcement purposes; (2) provide that in order to be eligible to intercept a wire, oral, or electronic communication in a circumstance that is not an immediate life-threatening situation, a designated law enforcement agency must adopt a written policy and submit the policy to the director of the Department of Public Safety (director) for approval; (3) require that, if the director approves the policy described in (2), above, chief law enforcement officers, including police chiefs, would submit to the director a written list of peace officers authorized to possess, install, monitor, or operate wire, oral, or electronic communications interception equipment in a non-life-threatening situation; (4) would authorize the department to conduct audits of law enforcement agencies to ensure compliance with the written policy described in (2), above; and (5) require that a peace officer is authorized to operate or monitor the interception of a wire, oral, or electronic communication in a non-life-threatening situation only is the officer completes at least 16 hours of related training. S.B. 694 (West) – Metal Recycling: would, among many other things: (1) add various items, including fire hydrants, an item with the logo of a governmental entity or utility, and wire that has been burned to remove the insulation, to the list of regulated metals under state law; (2) provide that a county, city, or other political subdivision may require the record of purchase of regulated metals to contain a clear and legible thumbprint of a seller; (3) provide that a county, city, or other political subdivision that issues a license or permit to a metal recycling entity shall issue a notice to an owner or operator that is operating without the license or permit informing the owner or operator that the owner or Town Council 199 of 202 Meeting Date: February 24, 2011 14 operator may be subject to criminal and civil penalties if the owner or operator does not submit an application for the appropriate license or permit; (4) provide that a person commits a misdemeanor if the person owns or operates a metal recycling entity and does not submit an application for the appropriate license or permit; (5) authorize the Department of Public Safety (DPS) to enter into contracts relating to the operation of the statewide electronic reporting system and database; and (6) from fines collected and distributed to the DPS for violations of metal recycling laws, mandate that DPS by rule establish and implement a grant program to provide funding to assist local law enforcement agencies in preventing the theft of regulated metals. S.B. 695, S.B. 699, S.B. 702, S.B. 703 (Watson) – State Finances: would provide for greater accountability and transparency in the state budget process. S.B. 697 (Watson) – State Budget Plan: would create the State Budgeting Plan Legislative Advisory Committee, which could include a member nominated by the American Federation of State, County, and Municipal Employees as one of its 17 members, to develop a comprehensive state budgeting plan consisting of recommended state budgeting guidelines and processes the implementation of which are anticipated to foster the state’s current and long-term economic health. S.B. 705 (Watson) – Unfunded Mandates: would, among other things, provide that: (1) the unfunded legislative mandates interagency work group is created, and consists of seven members, including: (a) one current or former officer or employee of a political subdivision appointed by the lieutenant governor; and (b) one current or former officer or employee of a political subdivision appointed by the speaker of the house of representatives; (2) on or before the September 1 following a regular session of the legislature and on or before the 90th day after the last day of a special session of the legislature, the interagency work group shall publish a list of legislative mandates for which the legislature has not provided reimbursement and that were enacted by the legislature during that legislative session; (2) by the same date, the interagency work group shall: (a) remove from the list of legislative mandates for a previous legislative session those legislative mandates for which the legislature has provided reimbursement, those that are no longer subject to reimbursement, and those that are no longer in effect; and (b) add to the list a legislative mandate from a previous legislative session for which reimbursement was provided in the previous session but for which reimbursement was not provided in the most recent regular session or in any subsequent special sessions; (3) during the regular session immediately following the issuance of a report prepared by the interagency work group, the legislature by law may continue the legislative mandate for a period not to exceed three years, by law may repeal the legislative mandate, or may take no action on the legislative mandate; (4) the legislature may continue a legislative mandate either by general law or by identifying the legislative mandate in the General Appropriations Act and providing a mechanism to provide money to political subdivisions that may be used to comply with the legislative mandates; and (5) if the Town Council 200 of 202 Meeting Date: February 24, 2011 15 legislature does not continue or repeal the legislative mandate, the legislative mandate expires on September 1 following the regular session. (Note: Please see S.J.R. 24, below) S.B. 719 (Van de Putte) – Juveniles: would: (1) authorize a municipal judge to require a juvenile who is assessed a fine or costs for a class C misdemeanor occurring on the grounds of a school in which the juvenile was enrolled at the time to participate in community service work or a tutoring program; (2) require that the community service work required be done for a governmental entity or certain nonprofit organizations; (3) require a governmental entity that accepts a defendant as a community service volunteer to supervise the defendant and report on his work to the judge; (4) place limits on the community service or tutoring required; and (5) protect a municipal court judge from certain damages that may arise during completion of the community service or tutoring. S.B. 720 (Williams) – Property Tax: would: (1) reduce the property tax rollback rate from 108 percent to 105 percent; and (2) permit an individual city to raise its rollback rate back to 108 percent if: (a) any part of the city is located in an area declared a disaster by the governor or president; or (b) the city council finds that the higher rate is necessary to protect the health, safety, or property of persons in the city, provided such finding is in the form of a resolution, includes a description of the expected harm, and is approved by a record vote of the council. S.B. 722 (Williams) – Appraisal Districts: would: (1) authorize a majority of the group of taxing units composed of the cities, school districts, and county participating in an appraisal district to request an audit of the performance of the appraisal district, or the discontinuance of that audit; (2) change the makeup of an appraisal district board to include one elected, rather than appointed, director from each of the four commissioners precincts of the county for which the district is established; (3) make other changes to the eligibility requirements and manner of filling a vacancy in the position of director on an appraisal board. S.B. 725 (Williams) – Property Tax: would permit citizens to sue appraisal districts for failure to follow appraisal procedures if the failure to follow procedure results in either a substantial economic harm to the citizen or a denial of a statutory or constitutional right of the citizen. S.B. 726 (Rodriguez) – Court Fees: would: (1) create a $10 fee to be collected by municipal courts for judicial access and improvement, to be used to fund basic civil legal service and criminal defense for indigents and electronic filing in court; (2) require that courts remit the collected fees to the comptroller; and (3) permit a city to retain five percent of the total fee collected. S.J.R 23 (Wentworth) – Transportation Funding: would amend the constitution to, Town Council 201 of 202 Meeting Date: February 24, 2011 16 among other things: (1) raise the state motor fuels tax annually to an amount that coincides with the change in the consumer price index; and (2) provide that any increased revenue generated by (1), above, be spent for the sole purpose of designing, constructing, and maintaining public roadways. S.J.R. 24 (Watson) – Unfunded Mandates: would amend the Texas Constitution to provide that: (1) a political subdivision is exempt from a legislative mandate during a period in which the mandate is unfunded; (2) the legislature may authorize a commission to identify legislative mandates and determine whether a legislative mandate is considered unfunded for a specific period; and (3) the legislature, by statute, may enact a method by which an unfunded legislative mandate is suspended or expires. (Note: Please see S.B. 705, above.) CITY OFFICIALS TESTIFY When the legislature is in session, nothing compares to the effectiveness of city officials testifying at the Capitol. City officials who take their time to travel to Austin to speak out on important city issues should be applauded by us all. Among the city officials who recently testified in front of legislative committees are the following: • Larry Weis, General Manager, Austin Energy • Carlos Garcia, Chief of Police, Brownsville • Robert Benitez, Police Sergeant, Dallas • Jerry Kitchens, Police Commander, Dallas While TML monitors most hearings, we won’t catch the testimony of every city official. If we missed your testimony or the testimony of another official in your city, please contact us at the following e-mail address and we will include your name in the next edition of the TML Legislative Update: testify@tml.org. 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 202 of 202 Meeting Date: February 24, 2011