Agenda Packet TC 01/03/2011Town Council
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom7:00 PMMonday, January 3, 2011
Call to order and announce a quorum.
Invocation
Pledges:
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one
and indivisible."
1.2010-692-T Presentation of Gold Leadership Circle Award by Town Manager Mike Slye.
Citizen Presentations:
This is an opportunity for citizens to address the Council on any matter whether or not it
is posted on the agenda. The Council is not permitted to take action on or discuss any
presentations made to the Council at this time concerning an item not listed on the
agenda. The Council will hear presentations on specific agenda items prior to the
Council addressing those items. You may speak up to three (3) minutes or the time limit
determined by the Mayor or presiding officer. To speak during this item you must
complete the Speaker's form that includes the topic(s) of your statement. Topics of
presentation should be limited to matters over which the Council has authority.
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council
and will be enacted by one motion. There will not be a separate discussion of these
items. If discussion is desired, that item will be removed from the consent agenda and
will be considered separately.
2.2010-677-T Consider and take appropriate action regarding the Minutes dated December 6, 2010.
December 6, 2010 Minutes.pdfAttachments:
PUBLIC HEARING
3.2010-656-T Public Hearing regarding a request for approval of a Site Plan of Lot 1, Block 1, Trophy
Club Commons, being a 6.570 acre tract of land located in the J. Eads Survey, Abstract
392 and the J. Sutton Survey, Abstract 1154. Applicant: Baird, Hampton & Brown, Inc.
on behalf of Trophy Club Equities (SP-09-010)
Town Council 1 of 106 Meeting Date: January 3, 2011
January 3, 2011Town Council Meeting Agenda
REGULAR SESSION
4.2010-680-T Consider and take appropriate action regarding a Resolution approving an Investment
Policy for the Town of Trophy Club, and providing an effective date.
RES 2010-27 Investment Policy and Exhibit.pdfAttachments:
5.2010-689-T Consider and take appropriate regarding the award/rejection of bids for Freedom Park
and Independence East Park, apparent best qualified bidder Schmoldt Construction, in
an amount not to exceed $3,941,627 and authorizing Town Manager Slye or his
designee to execute all necessary documents.
Staff Report - Freedom Park and Indy East Bid Award.pdf
Park Bond Financial Statement.pdf
Recreational Amenities.pdf
Park Board December 15 2010 DRAFT Minutes.pdf
Ltr-Recommendation of Award.pdf
Scoring System - Ranked.pdf
Bid Tab-Selected Alternates.pdf
Attachments:
6.2010-679-T Consider and take appropriate action to authorize the Town Manager to enter into
negotiations with three qualified engineering firms, beginning with the top ranked firm,
in order to contract a single firm to conduct a drainage analysis of the Town, authorizing
the Town Manager to execute all necessary documents with the firm determined to be
best qualified to meet the needs of the Town.
Staff Report - Drainage Analysis - TC Jan 3 2011.pdfAttachments:
7.2010-682-T Consider and take appropriate action regarding an Ordinance Amending the Code of
Ordinances of The Town of Trophy Club by Adding Article XVI, Entitled “Citizens
Financial Advisory Board”, to Chapter 1 entitled “Administration” of The Code of
Ordinances Establishing a Citizens Financial Advisory Board; and providing an effective
date.
ORD 2010-34 CFAB.pdfAttachments:
8.2010-678-T Consider and take appropriate action regarding financial and variance report dated
November 2010.
November 2010 Monthly Financial Reports.pdfAttachments:
9.2010-683-T Town Manager Slye's update regarding the following; discussion of the same.
· Council Retreat Update
10.2010-684-T Mayor and Council Updates regarding training opportunities, educational sessions, and
regional meetings; discussion of same.
Town Council 2 of 106 Meeting Date: January 3, 2011
January 3, 2011Town Council Meeting Agenda
11.2010-685-T Receive Mayor Pro Tem Rose's liaison report regarding the December 14, 2010
TCMUD No. 1 Meeting; discussion of same.
· Water Conservation Plan
· Trinity Well No. 2 Project
· President Thomas information "Considerations Concerning Need for Additional
Water Storage"
Considerations Concerning Need for Additional Water Storage.pdfAttachments:
12.2010-686-T Items for Future Agendas.
Future Agenda Items List.pdfAttachments:
This item allows Council to request the placement of items on upcoming agendas when
the topic of discussion requires research and review that cannot be accomplished in the
time frame between regular Council meetings. However, a Council Member may
request that an item be placed on the next regularly scheduled meeting without first
placing that item on the Future Agenda Items list. All requests for agenda items must
comply with Charter requirements.
EXECUTIVE SESSION
13.2010-687-T Council to convene into executive session pursuant to Texas Government Code,
Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of
a public officer or employee:
(1) Discussion regarding the hiring of a Town Secretary
RECONVENE INTO REGULAR SESSION
14.2010-688-T Consider and take appropriate action regarding the Executive Session.
ADJOURN
* The Town Council may convene into executive session to discuss posted items as
allowed by the Texas Open Meeting Act, LGC.551.071
Notice is hereby given that a quorum of the Parks & Recreation Board may be in
attendance at this meeting.
Town Council 3 of 106 Meeting Date: January 3, 2011
January 3, 2011Town Council Meeting Agenda
CERTIFICATION
I certify that the above notice was posted on the front window of the Svore Municipal
Building, 100 Municipal Drive, Trophy Club, Texas, on Thursday, December 30, 2010
by 9:00 P.M. in accordance with Chapter 551, Texas Government Code.
__________________________________
Shannon DePrater, Interim Town Secretary
If you plan to attend this public meeting and have a disability that requires special
needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in
advance and reasonable accommodations will be made to assist you.
I certify that the attached notice and agenda of items to be considered by this Board
was removed by me from the front window of the Svore Municipal Building, 100
Municipal Drive, Trophy Club, Texas, on the __________ day of
______________________, 2010.
________________________________, Title: ___________________________
Town Council 4 of 106 Meeting Date: January 3, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-692-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/30/2010 Town Council
On agenda:Final action:1/3/2011
Title:Presentation of Gold Leadership Circle Award by Town Manager Mike Slye.
Attachments:
Action ByDate Action ResultVer.
Town Council 5 of 106 Meeting Date: January 3, 2011
File #: 2010-692-T, Version: 1
Title
Presentation of Gold Leadership Circle Award by Town Manager Mike Slye.
Goals
Goal #6: A vibrant, inclusive community with involved, caring residents
Provide superior customer services
Foster a well informed community
Promote and support active lifestyle
Develop expanded community involvement opportunities
Expand recreational opportunities for all ages
Town Council 6 of 106 Meeting Date: January 3, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-677-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:12/27/2010 Town Council
On agenda:Final action:1/3/2011
Title:Consider and take appropriate action regarding the Minutes dated December 6, 2010.
Attachments:December 6, 2010 Minutes.pdf
Action ByDate Action ResultVer.
Town Council 7 of 106 Meeting Date: January 3, 2011
File #: 2010-677-T, Version: 1
Title
Consider and take appropriate action regarding the Minutes dated December 6, 2010.
Town Council 8 of 106 Meeting Date: January 3, 2011
MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, December 6, 2010 at 7:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, December 6,
2010. The meeting was held within the boundaries of the Town and was open to the public.
STATE OF TEXAS §
COUNTY OF DENTON §
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Bill Rose Mayor Pro Tem
Margi Cantrell Council Member
Larry Hoover Council Member
JD Stotts Council Member arrived at 7:42 p.m.
Glenn Strother Council Member arrived at 6:07 p.m.
STAFF AND GUEST(S) PRESENT:
Mike Slye Town Manager
Stephen Seidel Assistant Town Manager
Shannon DePrater Interim Town Secretary
Patricia Adams Town Attorney
Scott Kniffen Police Chief
Danny Thomas Fire Chief
Kathy Dubose Finance Director
Carolyn Huggins Community Development Director
Ed Helton Director of Street Services
Mayor White announced the date of December 6, 2010; called the meeting to order and announced a
quorum at 6:03 p.m.
Mayor White explained that council member Stotts would be late.
WORKSHOP SESSION - 6:00 P.M.
1. 2010-621-T Consider and provide direction regarding Code of Conduct/Ethics Ordinance.
Mayor Pro Tem Rose recapped that at the last workshop session Council reviewed the document through
Section 4 and that Section 6 was deleted.
Council continued reviewing the document and making changes throughout the workshop. At the end of
the workshop, Mayor Pro Tem Rose stated that he will make the changes as reflected from tonight’s
workshop and email to Town Attorney Adams for review.
Council took a short break and reconvened into Regular Session.
2. 2010-640-T Discussion of other agenda items posted for consideration on the Regular Session
Council Agenda for December 6, 2010.
RECONVENE INTO REGULAR SESSION - 7:14 P.M.
Town Council 9 of 106 Meeting Date: January 3, 2011
The Invocation was offered by Police Chief Scott Kniffen.
The Pledges were led by Council member Margi Cantrell.
Mayor moved Agenda Item Number 10 forward:
10. 2010-624-T Consider and take appropriate action regarding an Ordinance amending Section
2.01 entitled "Appointments" of Article II, entitled "Presiding Judge" of Chapter 7 entitled
"Municipal Court" of the Code of Ordinances to re-appoint and extend the term of the current
Presiding and Alternate Judges to January 2013.
Judge Ransleben introduced himself and gave a brief background of Trophy Club Municipal Court.
Motion made by Mayor Pro Tem Rose, seconded by Council member Cantrell, to approve Ordinance
2010-31 with striking the words “finds that the” in the second where as clause. Motion carried
unanimously without further discussion.
Mayor gave the Oath of Office and Statement of Appointment to Judge Eric Ransleben.
PRESENTATION
3. 2010-626-T Informational presentation regarding the PID and status of Taussig disbursement
review provided by Richard Spence; discussion of same.
Richard Spence, from David Taussig & Associates provided a presentation on the background and status
of The Town of Trophy Club’s Public Improvement District (PID) # 1. Julie Partain, Bond Counsel from
Vinson and Elkins was in attendance to respond to questions.
The Mayor expressed her appreciation of Mr. Spence’s presentation.
Town Manager Slye stated he is in agreement with Council member Stotts’ suggestion of having a PID
Board meeting once or twice a year.
Mayor White agreed that a PID Board meeting is needed to recognize the needs of the PID residents.
Presentation only; no action was taken.
CITIZEN PRESENTATIONS
This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the
agenda. The Council is not permitted to take action on or discuss any presentations made to the Council
at this time concerning an item not listed on the agenda. The Council will hear presentations on specific
agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the
time limit determined by the Mayor or presiding officer. To speak during this item you must complete the
Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to
matters over which the Council has authority.
No citizens signed up to speak.
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be
enacted by one motion. There will not be a separate discussion of these items. If discussion is desired,
that item will be removed from the consent agenda and will be considered separately.
Mayor White pulled Item #7 from the consent agenda.
Town Council 10 of 106 Meeting Date: January 3, 2011
4. 2010-551-T Consider and take appropriate action regarding the Minutes dated October 4, 2010.
5. 2010-588-T Consider and take appropriate action regarding the Minutes dated October 18,
2010.
6. 2010-611-T Consider and take appropriate action regarding the Minutes dated November 1,
2010.
8. 2010-635-T Consider and take appropriate action regarding interlocal agreement between the
Town and Denton County to provide Ambulance Services, and authorizing the Mayor or her
designee to execute all necessary documents.
9. 2010-636-T Town Manager Slye to designate an Acting Town Manager.
Motion made by Mayor Pro Tem Rose, seconded by Council member Stotts, to approve consent agenda
items 4-6 and 8-9 as presented. Motion carried unanimously without further discussion.
7. 2010-622-T Consider and take appropriate action regarding the Minutes dated November 15,
2010.
Motion made by Council member Cantrell, seconded by Mayor Pro Tem Rose, to approve the November
15, 2010 Minutes as amended. Motion carried unanimously without further discussion.
REGULAR SESSION
Mayor moved Agenda Item Number 19 forward:
19. 2010-625-T Consider and take appropriate action regarding the award of a Contract for
Municipal Court Collection Services, and authorizing the Town Manager to execute all
necessary documents.
Town Manager Slye shared that four proposals were opened on Friday, December 3, 2010. Staff’s
recommendation is to award a Contract to McCreary Veselka Bragg & Allen, who is currently the Town’s
delinquent tax collection attorney. Slye continued by informing Council that cost is not an issue; the law
allows collection agencies to assess a 30% administrative fee to fees collected; the collection agency
gets the 30% and the Town receives the full court fee.
Motion made by Council member Strother, seconded by Council member Stotts, to award a Contract for
Municipal Court Collection Services with McCreary Veselka Bragg & Allen per Staff’s recommendation.
Council member Cantrell asked how the Scofflaw and this contract will work together.
Questions arose regarding the wording of the agenda item and the fact that there was no contract in the
backup.
Council member Stotts called the question.
Mayor White called for a vote on the motion to award the contract.
Mayor Pro Tem Rose stated point of order, Council must first vote on the calling the question.
Mayor White called for a vote on the calling the question; vote was unanimous.
Motion to award contract passed unanimously.
Town Council 11 of 106 Meeting Date: January 3, 2011
11. 2010-575-T Consider and take appropriate action regarding a request for approval of a Final
Plat for Neighborhood 4, Phase 2A (24.80 acres) located in The Highlands at Trophy Club.
Applicant: Corwin Engineering on behalf of Standard Pacific of Texas, Inc. and K. Hovnanian
Homes-DFW, LLC (FP-10-036)
A. Subdivider's Agreement - Consider and take appropriate action regarding a request for
approval of a Subdivider's Agreement for Neighborhood 4, Phase 2A.
The final plat document was reviewed in accordance with the approved subdivision regulations as well as
the approved development standards as set forth in Planned Development District No. 27. The plat
meets the regulations and Staff recommended approval of the Final Plat of Neighborhood 4, Phase 2A.
The Planning and Zoning Commission considered this case on October 21, 2010 and unanimously voted
to approve.
Motion made by Council member Cantrell to approve the Final Plat for Neighborhood 4, Phase 2A (24.80
acres) located in The Highlands at Trophy Club; seconded by Council member Hoover.
Amended motion made by Mayor Pro Tem Rose to include the subdivider’s agreement; seconded by
Council member Hoover. Motion carried unanimously.
First motion carried unanimously without further discussion.
12. 2010-627-T Consider and take appropriate action regarding an Ordinance of The Town of
Trophy Club, Texas Amending the FY 2009-2010 Budget of The Town of Trophy Club, Texas;
Providing for the Incorporation of Premises; Providing for an Amendment (Budget
Amendment No. 6 Making A Supplemental Appropriation In Accordance With The Town
Charter); Providing a Savings and Repealer Clause; Providing for Severability; Providing for
Engrossment and Enrollment; and Providing an effective date.
The 2009-2010 Fiscal Year Budget included estimated engineering fees associated with development
plan review for the Highlands' Neighborhoods 1, 5 and 6. In July 2010, the developer also submitted
Highlands' Neighborhoods 3 and 4 for review. The attached ordinance amends the 2009-2010 budget by
appropriating $6,000 of the additional Highlands' developer's fee to cover the engineering costs
associated with the development plan review for Neighborhoods 3 and 4. Management recommended
approval.
Motion made by Mayor Pro Tem Rose, seconded by Council member Cantrell, to approve Ordinance
2010-31 amending the FY 2009-2010 Budget. Motion carried unanimously without further discussion.
13. 2010-628-T Consider and take appropriate action regarding an Ordinance of The Town of
Trophy Club, Texas amending the FY 2009-2010 Budget of The Town of Trophy Club, Texas;
Providing for the Incorporation of Premises; Providing for an Amendment (Budget
Amendment No. 7 Making A Supplemental Appropriation In Accordance With The Town
Charter); Providing a Savings and Repealer Clause; Providing for Severability; Providing for
Engrossment and Enrollment; and Providing an Effective Date.
The 2009-2010 Fiscal Year Budget included estimated revenues and expenses associated with trash
removal and recycling. On January 18, 2010 the Council approved a rate increase with Allied Waste. In
addition, the Town also experienced unanticipated growth in residential housing which impacted the level
of trash removal and recycling. The attached ordinance amends these revenue and expense budgets for
the unanticipated increases. Management recommended approval.
Motion made by Mayor Pro Tem Rose, seconded by Council member Stotts, to approve Ordinance 2010-
32 amending the FY 2009-2010 Budget. Motion carried unanimously without further discussion.
Town Council 12 of 106 Meeting Date: January 3, 2011
14. 2010-448-T Consider and take appropriate action regarding an Ordinance relative to the
Town's participation in TMRS by authorizing the Town to make current and prior service
contributions to the Town's account in the Municipal Accumulation Fund of TMRS; and
providing an effective date.
The Texas Municipal Retirement System (TMRS) was established by legislators in 1947 and is
administered in accordance with the Texas Municipal Retirement System Act (Texas Government Code,
Title 8, Subtitle G). Trophy Club is one of more than 800 Texas municipalities which make up TMRS. The
Trophy Club Municipal Utility District No. 1 employees are allowed to participate in TMRS through the
Town of Trophy Club. In 2009, during the 81st Legislative Session, the Texas House and Senate
unanimously voted to make several changes to the system to ensure its long-term future soundness,
including changes in the system’s investment program, as well as, actuarial methodology. These updates
were completed in the summer of 2010 and require member cities/towns to approve an ordinance
incorporating the changes by January 1, 2011. Management recommended approval.
Motion made by Mayor Pro Tem Rose, seconded by Council member Strother, to approve Ordinance
2010-33. Motion carried unanimously without further discussion.
15. 2010-623-T Consider and take appropriate action regarding an Ordinance approving a Code of
Conduct / Ethics Ordinance and establishing an Ethics Commission.
Town Manager Slye recommended Mayor Pro Tem Rose clean up the provisions discussed earlier and
forward to Town Attorney Adams and Staff will place on the next agenda for approval. Mayor Pro Tem
Rose concurred and also requested help from Council member Cantrell to make sure he is on track.
16. 2010-653-T Consider and take appropriate action regarding a Resolution approving the
proposed terms of a settlement between the Town and Travelers Companies Inc., relative to a
bond claim on the Contract for Paving, Grading and Utility Improvements for the Highlands of
Trophy Club Master Improvements Phase 2; authorizing the Town Manager to finalize
settlement documents and to execute all necessary and related documents; and providing an
effective date.
Town Manager Slye shared that there are several areas of road failure in the PID addition and
surrounding areas; the company that laid the roads is now bankrupt and the maintenance bond has
expired; however Travelers Surety Company is currently responsible to repair these failures. Travelers
Companies, Inc. is working with Tri Dal Utilities, LTD. Tri Dal will guarantee their work for one year after
Staff accepts the work. Slye recommended that Council approve this Resolution authorizing him to enter
into a settlement agreement.
Motion made by Council member Hoover, seconded by Mayor Pro Tem Rose, to approve Resolution
2010-25. Motion carried unanimously without further discussion.
17. 2010-652-T Consider and take appropriate action regarding a Resolution of the Town of Trophy
Club, Texas, authorizing the Cities Aggregation Power Project, Inc. (CAPP) to negotiate an
extension to the current electric supply services agreement with Next Era for a fixed price
through 2018; authorizing the Chairman of CAPP to execute an extension to the current
Electric Supply Agreement for deliveries of electricity effective January 1, 2011 or as soon as
possible thereafter; committing to budget for energy purchases for Town electrical needs; and
providing an effective date.
Town Manager Slye recommended that Council not approve this Resolution; the contract terms are too
long and prices have already fallen below the current contract.
Town Council 13 of 106 Meeting Date: January 3, 2011
Council member Hoover expressed he is also not in favor of long contracts.
Council took no action; Resolution failed.
18. 2010-620-T Consider and take appropriate action regarding approval of a Roundabout at
Trophy Club Drive and Trophy Lake Drive intersection.
As presented at the November 15, 2010, Council meeting, the Town Engineer, Tom Rutledge, Teague
Nall & Perkins, explained the analysis of the existing intersection operations at the all-way stop located at
Trophy Club Drive and Trophy Lake Drive intersection. Intersection operations are rated on a Level of
Service (LOS) scale of A to F with A representing a best case scenario and F representing a failure of the
intersection traffic flow. The existing intersection operates at LOS "C" in the AM peak and LOS "B" in the
PM peak. However, by 2014, the intersection can be expected to experience congested operations during
the AM and PM peak hours under all-way stop control (LOS "F" in the AM peak and LOS "D" in the PM
peak).
An alternative for dealing with the expected congestion is to provide a continuous flow roundabout
intersection which operates with all entering traffic yielding to the circular roadway and then circulating to
exit on the desired departure. Roundabout configurations were presented to the Council on November
15, 2010, with a recommendation for Configuration B with an added by-pass right turn lane in the
southwest corner. This configuration will provide a LOS of C or better under 2014 expected conditions
with room for some growth.
Attached are the probable construction costs for the roundabout Configuration B with an added by-pass
right turn lane. The cost opinion is based on the layout and configuration that was presented at the
Council meeting on November 15, 2010. It includes a 15% contingency of approximately $95,000 to
allow for detailed final design once right-of-way (ROW) has been acquired. A right-of-way exhibit is
attached. The exhibit shows the approximate amount of ROW that would be required for the roundabout
improvement. Cost for purchase of ROW is not reflected in the project budget. The developer for Trophy
Club Commons has indicated a willingness to dedicate ROW for his portion. The other land owners will
need to be contacted for acquisition of ROW.
Also attached is a cost opinion for improving the intersection to a traffic signal. This estimate includes
pavement reconstruction for Trophy Club Drive and Trophy Lake Drive. The estimate does not include the
cost of an annual maintenance contract (for programming, timing and maintenance).
Town Manager Slye stated there was one reason for this item – Council needs to provide direction.
Motion made by Mayor Pro Tem Rose to move forward with investigations of roundabouts with the frame
of what was discussed at the November 15, 2010 Council meeting; seconded by Council member
Hoover. Motion carried unanimously without further discussion.
20. 2010-629-T Consider and take appropriate action regarding financial and variance report dated
October 2010.
Motion made by Mayor Pro Tem Rose, seconded by Council member Cantrell, to approve the financial
and variance report dated October 2010 as presented.
Motion carried unanimously without further discussion.
21. 2010-630-T Consider and take appropriate action regarding the regularly scheduled Town
Council meetings for the remainder of December 2010.
Town Council 14 of 106 Meeting Date: January 3, 2011
Motion made by Council member Cantrell; seconded by Council member Hoover, to not meet on
December 20, 2010. Motion carried unanimously without further discussion.
22. 2010-631-T Town Manager Slye's update regarding the following; discussion of the same.
- CFAB Update
- Special Events Ordinance
- Citizens Survey Update
Town Manager Slye updated the Council and answered questions.
Slye wished Council and Staff a Happy and Safe Holiday Season.
No action taken, update only.
23. 2010-632-T Mayor and Council Updates regarding training opportunities, educational sessions,
and regional meetings; discussion of same.
Meetings Attended by Council:
- North Texas Commission's (Signature Series)
- Transportation Summit – representation from federal, state and county
- Regional Trail Connectivity
- Social Media Webinar
- Obesity Prevention Policy Council Luncheon (Council member Cantrell)
- Denton County Towns and the Texas Pipeline Association Luncheon (Mayor Pro Tem Rose)
Mayor White, Mayor Pro Tem Rose and Council member Cantrell gave brief updates of the meetings they
attended.
No action taken, update only.
24. 2010-633-T Receive Mayor Pro Tem Rose's liaison report regarding the November 16, 2010
TCMUD No. 1 Meeting; discussion of same.
- North Texas Ground Water Association
- Trinity Well
- Water Storage
Mayor Pro Tem Rose updated the Council with regards to the November 16, 2010 TCMUD No. 1 meeting
and addressed questions.
No action taken, update only.
25. 2010-634-T Items for Future Agendas
This item allows Council to request the placement of items on upcoming agendas when the topic of
discussion requires research and review that cannot be accomplished in the time frame between regular
Council meetings. However, a Council Member may request that an item be placed on the next regularly
scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda
items must comply with Charter requirements.
Mayor White asked that Item #2 be removed since it will be on the next agenda.
No items were added.
Town Council 15 of 106 Meeting Date: January 3, 2011
Interim Town Secretary Shannon DePrater excused herself from the Executive Session Chambers prior
to Council convening into Executive Session.
Council convened into Executive Session at 9:56 p.m.
EXECUTIVE SESSION
26. 2010-637-T Council to convene into executive session pursuant to Texas Government Code,
Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a
public officer or employee:
(1) Discussion regarding the hiring of a Town Secretary
Council reconvened into Regular Session at 10:30 p.m.
RECONVENE INTO REGULAR SESSION
27. 2010-638-T Consider and take appropriate action regarding the Executive Session.
Motion made by Mayor Pro Tem Rose, seconded by Council member Stotts, to proceed forward with the
hiring process of a Town Secretary as discussed in executive session. Motion carried unanimously
without further discussion.
ADJOURN
Motion made by Council member Hoover, seconded by Mayor Pro Tem Rose, to Adjourn.
Meeting adjourned at 10:30 p.m.
___________________________________ ________________________________
Shannon DePrater, Interim Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council 16 of 106 Meeting Date: January 3, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-656-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/7/2010 Town Council
On agenda:Final action:1/3/2011
Title:Public Hearing regarding a request for approval of a Site Plan of Lot 1, Block 1, Trophy Club
Commons, being a 6.570 acre tract of land located in the J. Eads Survey, Abstract 392 and the J.
Sutton Survey, Abstract 1154. Applicant: Baird, Hampton & Brown, Inc. on behalf of Trophy Club
Equities (SP-09-010)
Attachments:
Action ByDate Action ResultVer.
Planning & Zoning Commission12/16/2010 1
Town Council 17 of 106 Meeting Date: January 3, 2011
File #: 2010-656-T, Version: 1
Title
Public Hearing regarding a request for approval of a Site Plan of Lot 1, Block 1, Trophy Club Commons, being a 6.570
acre tract of land located in the J. Eads Survey, Abstract 392 and the J. Sutton Survey, Abstract 1154. Applicant: Baird,
Hampton & Brown, Inc. on behalf of Trophy Club Equities (SP-09-010)
Body
The applicant, Trophy Club Equities, requests this item be continued to the January 17, 2011, Council agenda at which
time the plats and site plan for Trophy Club Commons will be heard by the Council. The continuation of the public
hearing, plats, and site plan is requested in order to give the applicant and staff additional time to finalize details of the
Developer's Agreement for Trophy Club Commons.
Staff requests that the Mayor open the Public Hearing and continue it to January 17, 2011.
Town Council 18 of 106 Meeting Date: January 3, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-680-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/27/2010 Town Council
On agenda:Final action:1/3/2011
Title:Consider and take appropriate action regarding a Resolution approving an Investment Policy for the
Town of Trophy Club, and providing an effective date.
Attachments:RES 2010-27 Investment Policy and Exhibit.pdf
Action ByDate Action ResultVer.
Town Council 19 of 106 Meeting Date: January 3, 2011
File #: 2010-680-T, Version: 1
Title
Consider and take appropriate action regarding a Resolution approving an Investment Policy for the Town of Trophy
Club, and providing an effective date.
Background
It is the policy of the Town of Trophy Club that after allowing for anticipated cash flow requirements of the Town and
giving due consideration to the safety and risk of investment, all available funds shall be invested in conformance with
legal and administrative guidelines.
Effective cash management is recognized as essential to good fiscal management. Investment interest is a source of
revenue to Trophy Club funds. Trophy Club’s investment portfolio shall be developed and managed in a manner
designed to be responsive to public trust, to be in compliance with legal requirements and limitations, and to maximize
this revenue source.
Investments shall be made with the primary objectives of:
1 Safety and preservation of principal
2 Maintenance of sufficient liquidity to meet operating needs
3 Public trust from prudent investment activities
4 Optimization of interest earnings on the portfolio
The purpose of this investment policy is to comply with Chapter 2256 of the Government Code (“Public Funds Investment
Act”), which requires the Town of Trophy Club to adopt a written investment policy regarding the investment of its funds
and funds under its control. The Investment Policy addresses the methods, procedures and practices that must be
exercised to ensure effective and judicious fiscal management of Trophy Club’s funds.
Recommendation
Management recommends approval.
Goals
Goal #8: Economically diverse, prosperous community
Enact progressive economic initiatives
Investigate Progressive Zoning Concept
Town Council 20 of 106 Meeting Date: January 3, 2011
TOWN OF TROPHY CLUB
RESOLUTION NO. 2010 – 27
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS ADOPTING AN INVESTMENT POLICY FOR
FUNDS FOR THE TOWN OF TROPHY CLUB, A COPY OF WHICH IS
ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT
“A”; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council has reviewed the Investment Policy attached
hereto as Exhibit A, for compliance with the Public Funds Investment Act, Texas
Government Code Chapter 2256. et seq.; and
WHEREAS, upon consideration, the Town Council finds and determines it to be
in the best interests of the Town to adopt Exhibit “A” as the Town’s Investment Policy;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB:
Section 1. That the Town Council has reviewed the attached Investment Policy,
which contains investment strategies and policies that the Council has determined to be
beneficial to the Town and hereby adopts the attached Investment Policy set forth in
Exhibit “A’, a copy of which is attached hereto and incorporated herein in its entirety.
Section 2. That the Director of Finance is hereby designated as the Town’s
primary investment officer to perform the functions required by the attached policy, and
the investment officer is hereby authorized to perform the functions required under the
Investment Policy and Chapter 2256 of the Texas Government Code.
Section 3. That this Resolution shall take effect immediately upon its passage
and approval.
PASSED AND APPROVED this 3rd day of January 2011.
Mayor, Connie White
Town of Trophy Club, Texas
ATTEST:
[SEAL]
Interim Town Secretary, Shannon DePrater
Town of Trophy Club, Texas
Town Council 21 of 106 Meeting Date: January 3, 2011
APPROVED TO AS FORM:
Town Attorney, Patricia A. Adams
Town of Trophy Club, Texas
Town Council 22 of 106 Meeting Date: January 3, 2011
TOWN OF TROPHY CLUB, TEXAS
Annual Program of Services
Exhibit A
TOWN OF TROPHY CLUB
INVESTMENT POLICY
I. POLICY
It is the policy of the Town of Trophy Club that after allowing for anticipated cash flow requirements
of the Town of Trophy Club and giving due consideration to the safety and risk of investment, all
available funds shall be invested in conformance with these legal and administrative guidelines.
Effective cash management is recognized as essential to good fiscal management. Investment
interest is a source of revenue to Trophy Club funds. Trophy Club’s investment portfolio shall be
developed and managed in a manner designed to be responsive to public trust, in compliance with
legal requirements and limitations, and to maximize this revenue source.
Investments shall be made with the primary objectives of:
Safety and preservation of principal
Maintenance of sufficient liquidity to meet operating needs
Public trust from prudent investment activities
Optimization of interest earnings on the portfolio
II. PURPOSE
The purpose of this investment policy is to comply with Chapter 2256 of the Government Code
(“Public Funds Investment Act”), which requires the Town of Trophy Club to adopt a written
investment policy regarding the investment of its funds and funds under its control. The Investment
Policy addresses the methods, procedures and practices that must be exercised to ensure effective
and judicious fiscal management of Trophy Club’s funds.
III. SCOPE
This Investment Policy shall govern the investment of all financial assets of the Town of Trophy
Club. These funds are accounted for in the Town of Trophy Club’s Comprehensive Annual
Financial Report (CAFR) and include:
General Fund
Special Revenue Funds
Capital Projects Funds
Debt Service Funds, including reserves and sinking funds, to the extent not required by
law or existing contract to be kept segregated and managed separately
Any new fund created by the Town of Trophy Club, unless specifically exempted from
this Policy by the Town Council or by law.
The Town of Trophy Club consolidates fund cash balances to maximize investment earnings.
Investment income will be allocated to the various funds based on their respective participation and
in accordance with generally accepted accounting principles.
This Investment Policy shall apply to all transactions involving the financial assets and related
activity for all the foregoing funds. However, this policy does not apply to the assets administered
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Annual Program of Services
for the benefit of the Town of Trophy Club by outside agencies under deferred compensation
programs.
IV. INVESTMENT OBJECTIVES
The Town of Trophy Club shall manage and invest its cash with four primary objectives, listed in
order of priority: safety, liquidity, public trust, and yield, expressed as optimization of interest
earnings. The safety of the principal invested always remains the primary objective. All
investments shall be designed and managed in a manner responsive to the public trust and
consistent with state and local law.
The Town of Trophy Club shall maintain a comprehensive cash management program, which
includes collection of accounts receivable, vendor payments in accordance with invoice terms, and
prudent investment of available cash. Cash management is defined as the process of managing
monies in order to insure maximum cash availability and maximum earnings on short-term
investment of idle cash.
Safety [PFIA 2256.005(b)(2)]
Safety of principal is the foremost objective of the investment program. Investments shall be
undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The
objective will be to mitigate credit and interest rate risk.
Credit Risk and Concentration of Credit Risk – The Town of Trophy Club will minimize
credit risk, the risk of loss due to the failure of the issuer or backer of the investment,
and concentration of credit risk, the risk of loss attributed to the magnitude of
investment in a single issuer, by:
Limiting investments to the safest types of investments
Pre-qualifying the financial institutions and broker/dealers with which the Town
of Trophy Club will do business
Diversifying the investment portfolio so that potential losses on individual
issuers will be minimized.
Interest Rate Risk – the Town of Trophy Club will manage the risk that the interest
earnings and the market value of investments in the portfolio will fall due to changes in
general interest rates by limiting the maximum weighted average maturity of the
investment portfolio to 365 days. The Town of Trophy Club will, in addition,:
Structure the investment portfolio so that investments mature to meet cash
requirements for ongoing operations, thereby avoiding the need to liquidate
investments prior to maturity.
Invest operating funds primarily in certificates of deposit, shorter-term
securities, money market mutual funds, or local government investment pools
functioning as money market mutual funds.
Diversify maturities and staggering purchase dates to minimize the impact of
market movements over time.
Liquidity [PFIA 2256.005(b)(2)]
The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may
be reasonably anticipated. This is accomplished by structuring the portfolio so that investments
mature concurrent with cash needs to meet anticipated demands. Because all possible cash
demands cannot be anticipated, a portion of the portfolio will be invested in shares of money market
mutual funds or local government investment pools that offer same-day liquidity. In addition, a
portion of the portfolio will consist of securities with active secondary or resale markets.
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Annual Program of Services
Public Trust
All participants in the Town of Trophy Club’s investment process shall seek to act responsibly as
custodians of the public trust. The investment officer shall avoid any transaction that might impair
public confidence in the Town of Trophy Club’s ability to govern effectively.
Yield (Optimization of Interest Earnings) [PFIA 2256.005(b)(3)]
The investment portfolio shall be designed with the objective of attaining a market rate of return
throughout budgetary and economic cycles, taking into account the investment risk constraints and
liquidity needs. Return on investment is of secondary importance compared to the safety and
liquidity objectives described above.
V. INVESTMENT STRATEGY STATEMENTS
The Town of Trophy Club portfolio will be structured to benefit from anticipated market conditions
and to achieve a reasonable return. Relative value among asset groups shall be analyzed and
pursued as part of the investment program within the restrictions set forth by the investment policy.
The Town of Trophy Club maintains portfolios which utilize four specific investment strategy
considerations designed to address the unique characteristics of the fund groups represented in the
portfolios.
Operating Funds
Suitability - All investments authorized in the Investment Policy are suitable for Operating
Funds.
Preservation and Safety of Principal - All investments shall be high quality securities with no
perceived default risk.
Liquidity - Investment strategies for the pooled operating funds have as their primary objective
to assure that anticipated cash flows are matched with adequate investment liquidity. The
dollar-weighted average maturity of operating funds, based on the stated final maturity date of
each security, will be calculated and limited to one year or less. Constant $1 net asset value
investment pools and money market mutual funds shall be an integral component in
maintaining daily liquidity. Investments for these funds shall not exceed an 18-month period
from date of purchase.
Marketability - Securities with active and efficient secondary markets will be purchased in the
event of an unanticipated cash requirement.
Diversification - Maturities shall be staggered throughout the budget cycle to provide cash flows
based on anticipated needs. Investment risks will be reduced through diversification among
authorized investments.
Yield - The Town’s objective is to attain a competitive market yield for comparable securities
and portfolio constraints. The benchmark for Operating Funds shall be the 91 day Treasury bill.
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Reserve and Deposit Funds
Suitability - All investments authorized in the Investment Policy are suitable for Reserve and
Deposit Funds.
Preservation and Safety of Principal - All investments shall be high quality securities with no
perceived default risk.
Liquidity - Investment strategies for reserve and deposit funds shall have as the primary
objective the ability to generate a dependable revenue stream to the appropriate reserve fund
from investments with a low degree of volatility. Except as may be required by the bond
ordinance specific to an individual issue, investments should be of high quality, with short-to-
intermediate-term maturities. The dollar-weighted average maturity of reserve and deposit
funds, based on the stated final maturity date of each security, will be calculated and limited to
two years or less.
Marketability - Securities with active and efficient secondary markets will be purchased in the
event of an unanticipated cash requirement.
Diversification - Maturities shall be staggered throughout the budget cycle to provide cash flows
based on anticipated needs. Investment risks will be reduced through diversification among
authorized investments.
Yield - The Town’s objective is to attain a competitive market yield for comparable securities
and portfolio constraints. The benchmark for Reserve and Deposit Funds shall be the 91 day
Treasury bill.
Bond and Certificate Capital Project Funds and Special Purpose Funds
Suitability - All investments authorized in the Investment Policy are suitable for Bond and
Certificate Capital Project Funds and Special Purpose Funds.
Preservation and Safety of Principal - All investments shall be high quality securities with no
perceived default risk.
Liquidity - Investment strategies for bond and certificate capital project funds, special projects
and special purpose funds portfolios will have as their primary objective to assure that
anticipated cash flows are matched with adequate investment liquidity. The stated final maturity
dates of investments held should not exceed the estimated project completion date or a
maturity of no greater than three years. The dollar-weighted average maturity of bond and
certificate capital project funds and special purpose funds, based on the stated final maturity
date of each security, will be calculated and limited to two years or less.
Marketability - Securities with active and efficient secondary markets will be purchased in the
event of an unanticipated cash requirement.
Diversification - Maturities shall be staggered throughout the budget cycle to provide cash flows
based on anticipated needs. Investment risks will be reduced through diversification among
authorized investments.
Yield - The Town’s objective is to attain a competitive market yield for comparable securities
and portfolio constraints. The benchmark for Bond and Certificate Capital Project Funds and
Special Purpose Funds shall be the 91 day Treasury bill. A secondary objective of these funds
is to achieve a yield equal to or greater than the arbitrage yield of the applicable bond or
certificate.
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Debt Service Funds
Suitability - All investments authorized in the Investment Policy are suitable for Debt Service
Funds.
Preservation and Safety of Principal - All investments shall be high quality securities with no
perceived default risk.
Liquidity - Investment strategies for debt service funds shall have as the primary objective the
assurance of investment liquidity adequate to cover the debt service obligation on the required
payment date. Securities purchased shall not have a stated final maturity date which exceeds
the debt service payment date. The dollar-weighted average maturity of debt service funds,
based on the stated final maturity date of each security, will be calculated and limited to one
year or less.
Marketability - Securities with active and efficient secondary markets will be purchased in the
event of an unanticipated cash requirement.
Diversification - Maturities shall be staggered throughout the budget cycle to provide cash flows
based on anticipated needs. Investment risks will be reduced through diversification among
authorized investments.
Yield - The Town’s objective is to attain a competitive market yield for comparable securities
and portfolio constraints. The benchmark for Debt Service Funds shall be the 91 day Treasury
bill.
VI. RESPONSIBILITY AND CONTROL
Delegation of Authority [PFIA 2256.005(f)]
In accordance with the Town of Trophy Club and the Public Funds Investment Act, the Town
Council designates the Director of Finance as the Town of Trophy Club’s Investment Officer. The
Investment Officer is authorized to execute investment transactions on behalf of the Town of Trophy
Club and may designate a secondary investment officer to act in his/her absence. No other person
may engage in an investment transaction or the management of the Town of Trophy Club funds
except as provided under the terms of this Investment Policy. The investment authority granted to
the investing officer is effective until rescinded.
Quality and Capability of Investment Management [PFIA 2256.005(b)(3)]
The Town of Trophy Club shall provide periodic training in investments for the designated
investment officers and other investment personnel through courses and seminars offered by
professional organizations, associations, and other independent sources in order to insure the
quality and capability of investment management in compliance with the Public Funds Investment
Act.
Training Requirement [PFIA 2256.008 – Local Governments]
In accordance with the Town of Trophy Club and the Public Funds Investment Act, designated
Investment Officers shall attend an investment training session no less often than once every two
years and shall receive not less than 10 hours of instruction relating to investment responsibilities.
A newly appointed Investment Officer must attend a training session of at least 10 hours of
instruction within twelve months of the date the officer took office or assumed the officer’s duties.
The investment training session shall be provided by an independent source. For purposes of this
policy, an “independent source” from which investment training shall be obtained shall include a
professional organization, an institution of higher education or any other sponsor other than a
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Annual Program of Services
business organization with whom the Town of Trophy Club may engage in an investment
transaction.
Internal Controls (Best Practice)
The Investment Officer is responsible for establishing and maintaining an internal control structure
designed to ensure that the assets of the Town of Trophy Club are protected from loss, theft, or
misuse. The internal control structure shall be designed to provide reasonable assurance that
these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a
control should not exceed the benefits likely to be derived; and (2) the valuation of costs and
benefits requires estimates and judgments by management.
Accordingly, the Investment Officer shall establish a process for annual independent review by an
external auditor to assure compliance with policies and procedures. The internal controls shall
address the following points.
Control of collusion.
Separation of transactions authority from accounting and record keeping.
Custodial safekeeping.
Avoidance of physical delivery securities.
Clear delegation of authority to subordinate staff members.
Written confirmation for telephone (voice) transactions for investments and wire transfers.
Development of a wire transfer agreement with the depository bank or third party custodian.
Investment Policy Certification [PFIA 2256.005(k-l)]
All investment providers, including financial institutions, banks, money market mutual funds, and
local government investment pools, must sign a certification acknowledging that the organization
has received and reviewed the Town of Trophy Club’s investment policy and that reasonable
procedures and controls have been implemented to preclude investment transactions that are not
authorized by the Town of Trophy Club’s policy.
Prudence [PFIA 2256.006]
The standard of prudence to be applied by the Investment Officer shall be the “prudent investor”
rule. This rule states that “Investments shall be made with judgment and care, under circumstances
then prevailing, which persons of prudence, discretion and intelligence exercise in the management
of their own affairs, not for speculation, but for investment, considering the probable safety of their
capital as well as the probable income to be derived.” In determining whether an Investment Officer
has exercised prudence with respect to an investment decision, the determination shall be made
taking into consideration:
The investment of all funds, or funds under the Town of Trophy Club’s control, over
which the officer had responsibility rather than a consideration as to the prudence of a
single investment.
Whether the investment decision was consistent with the written approved investment
policy of the Town of Trophy Club.
Indemnification
The Investment Officer, acting in accordance with written procedures and exercising due diligence,
shall not be held personally responsible for a specific investment’s credit risk or market price
changes, provided that these deviations are reported immediately and the appropriate action is
taken to control adverse developments.
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Ethics and Conflicts of Interest [PFIA 2256.005(i)]
Officers and employees involved in the investment process shall refrain from personal business
activity that would conflict with the proper execution and management of the investment program, or
that would impair their ability to make impartial decisions. Employees and Investment Committee
members shall disclose any material interests in financial institutions with which they conduct
business. They shall further disclose any personal financial/investment positions that could be
related to the performance of the investment portfolio. Employees and Investment Committee
members shall refrain from undertaking personal investment transactions with the same individual
with which business is conducted on behalf of the Town of Trophy Club.
An Investment Committee member of the Town of Trophy Club who has a personal business
relationship with an organization seeking to sell an investment to the Town of Trophy Club shall file
a statement disclosing that personal business interest. An Investment Committee member who is
related within the second degree by affinity or consanguinity to an individual seeking to sell an
investment to the Town of Trophy Club shall file a statement disclosing that relationship. A
statement required under this subsection must be filed with the Texas Ethics Commission and the
Town Council.
VII. SUITABLE AND AUTHORIZED INVESTMENTS
Portfolio Management
The Town of Trophy Club currently has a “buy and hold” portfolio strategy. Maturity dates are
matched with cash flow requirements and investments are purchased with the intent to be held until
maturity. However, investments may be liquidated prior to maturity for the following reasons:
An investment with declining credit may be liquidated early to minimize loss of principal.
Cash flow needs of the Town of Trophy Club require that the investment be liquidated.
Investments [PFIA 2256.005(b)(4)(A)]
Trophy Club funds governed by this policy may be invested in the instruments described below, all
of which are authorized by Chapter 2256 of the Government Code (Public Funds Investment Act).
Investment of Town of Trophy Club funds in any instrument or security not authorized for
investment under the Act is prohibited. The Town of Trophy Club will not be required to liquidate an
investment that becomes unauthorized subsequent to its purchase.
I. Authorized
1. Obligations of the United States of America, its agencies and instrumentalities.
2. Certificates of Deposit issued by a depository institution that has its main office or a
branch office in Texas. The certificate of deposit must be guaranteed or insured by the
Federal Deposit Insurance Corporation or its successor or the National Credit Union
Share Insurance Fund or its successor and secured by obligations in a manner and
amount as provided by law. In addition, certificates of deposit obtained through a
depository institution that has its main office or a branch office in Texas and that
contractually agrees to place the funds in federally insured depository institutions in
accordance with the conditions prescribed in Section 2256.010(b) of the Public Funds
Investment Act are authorized investments.
3. Fully collateralized direct repurchase agreements with a defined termination date
secured by obligations of the United States or its agencies and instrumentalities. These
shall be pledged to the Town of Trophy Club, held in the Town of Trophy Club’s name,
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Annual Program of Services
and deposited at the time the investment is made with the Town of Trophy Club or with
a third party selected and approved by the Town of Trophy Club. Repurchase
agreements must be purchased through a primary government securities dealer, as
defined by the Federal Reserve, or a financial institution doing business in Texas. A
Master Repurchase Agreement must be signed by the bank/dealer prior to investment
in a repurchase agreement. All repurchase agreement transactions will be on a
delivery vs. payment basis. Securities received for repurchase agreements must have
a market value greater than or equal to 102 percent at the time funds are disbursed.
(Sweep Accounts and/or Bond Proceeds)
4. Money Market Mutual funds that: 1) are registered and regulated by the Securities and
Exchange Commission, 2) have a dollar weighted average stated maturity of 90 days or
less, 3) seek to maintain a net asset value of $1.00 per share, and 4) are rated AAA by
at least one nationally recognized rating service.
5. Local government investment pools, which 1) meet the requirements of Chapter
2256.016 of the Public Funds Investment Act, 2) are rated no lower than AAA or an
equivalent rating by at least one nationally recognized rating service, and 3) are
authorized by resolution or ordinance by the Town Council. In addition, a local
government investment pool created to function as a money market mutual fund must
mark its portfolio to the market daily and, to the extent reasonably possible, stabilize at
$1.00 net asset value.
All prudent measures will be taken to liquidate an investment that is downgraded to less than the
required minimum rating. (PFIA 2256.021) Additionally, Trophy Club is not required to liquidate
investments that were authorized at the time of purchase. (PFIA 2256.017)
II. Not Authorized [PFIA 2256.009(b)(1-4)]
Investments including interest-only or principal-only strips of obligations with underlying mortgage-
backed security collateral, collateralized mortgage obligations with an inverse floating interest rate
or a maturity date of over 10 years are strictly prohibited.
VIII. INVESTMENT PARAMETERS
Maximum Maturities [PFIA 2256.005(b)(4)(B)]
The longer the maturity of investments, the greater their price volatility. Therefore, it is the Town of
Trophy Club’s policy to concentrate its investment portfolio in shorter-term securities in order to limit
principal risk caused by changes in interest rates.
The Town of Trophy Club attempts to match its investments with anticipated cash flow
requirements. The Town of Trophy Club will not directly invest in securities maturing more than two
years from the date of purchase; however, the above described obligations, certificates, or
agreements may be collateralized using longer dated investments.
Because no secondary market exists for repurchase agreements, the maximum maturity shall be
120 days except in the case of a flexible repurchase agreement for bond proceeds. The maximum
maturity for such an investment shall be determined in accordance with project cash flow
projections and the requirements of the governing bond ordinance.
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Annual Program of Services
The composite portfolio will have a weighted average maturity of 365 days or less. This dollar-
weighted average maturity will be calculated using the stated final maturity dates of each security.
[PFIA 2256.005(b)(4)(C)]
Diversification [PFIA 2256.005(b)(3)]
The Town of Trophy Club recognizes that investment risks can result from issuer defaults, market
price changes or various technical complications leading to temporary illiquidity. Risk is managed
through portfolio diversification that shall be achieved by the following general guidelines:
Limiting investments to avoid overconcentration in investments from a specific issuer or
business sector (excluding U.S. Treasury securities and certificates of deposit that are fully
insured and collateralized in accordance with state and federal law),
Limiting investment in investments that have higher credit,
Investing in investments with varying maturities, and
Continuously investing a portion of the portfolio in readily available funds such as local
government investment pools (LGIPs), money market funds or overnight repurchase
agreements to ensure that appropriate liquidity is maintained in order to meet ongoing
obligations.
IX. SELECTION OF BANKS AND DEALERS
Depository
At least every five years a Depository shall be selected through the Town of Trophy Club’s banking
services procurement process, which shall include a formal request for proposal (RFP). The
selection of a depository will be determined by competitive bid and evaluation of bids will be based
on the following selection criteria:
The ability to qualify as a depository for public funds in accordance with state law.
The ability to provide requested information or financial statements for the periods
specified.
The ability to meet all requirements in the banking RFP.
Complete response to all required items on the bid form
Lowest net banking service cost, consistent with the ability to provide an appropriate
level of service.
The credit worthiness and financial stability of the bank.
Authorized Brokers/Dealers [PFIA 2256.025]
The Town of Trophy Club Investment Committee shall, at least annually, review, revise, and
approve a list of qualified broker/dealers and financial institutions authorized to engage in securities
transactions with the Town of Trophy Club. Those firms that request to become qualified bidders
for securities transactions will be required to provide a completed broker/dealer questionnaire that
provides information regarding creditworthiness, experience and reputation. and 2) a certification
stating the firm has received, read and understood the Town of Trophy Club’s investment policy and
agree to comply with the policy. Authorized firms may include primary dealers or regional dealers
that qualify under Securities & Exchange Commission Rule 15C3-1 (Uniform Net Capital Rule), and
qualified depositories. All investment providers, including financial institutions, banks, money
market mutual funds, and local government investment pools, must sign a certification
acknowledging that the organization has received and reviewed the Town of Trophy Club’s
investment policy and that reasonable procedures and controls have been implemented to preclude
investment transactions that are not authorized by the Town of Trophy Club’s policy. [PFIA
2256.005(k-l)]
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Competitive Bids
It is the policy of the Town of Trophy Club to require competitive bidding for all individual security
purchases and sales except for: a) transactions with money market mutual funds and local
government investment pools and b) treasury and agency securities purchased at issue through an
approved broker/dealer or financial institution. The Investment Officer shall develop and maintain
procedures for ensuring a competition in the investment of the Town of Trophy Club’s funds.
Delivery vs. Payment [PFIA 2256.005(b)(4)(E)]
Securities shall be purchased using the delivery vs. payment method with the exception of
investment pools and mutual funds. Funds will be released after notification that the purchased
security has been received.
X. CUSTODIAL CREDIT RISK MANAGEMENT
Safekeeping and Custodial Agreements
The Town of Trophy Club shall contract with a bank or banks for the safekeeping of securities either
owned by the Town of Trophy Club as part of its investment portfolio or held as collateral to secure
demand or time deposits. Securities owned by the Town of Trophy Club shall be held in the Town
of Trophy Club’s name as evidenced by safekeeping receipts of the institution holding the
securities.
Collateral for deposits will be held by a third party custodian designated by the Town of Trophy Club
and pledged to the Town of Trophy Club as evidenced by safekeeping receipts of the institution with
which the collateral is deposited. Original safekeeping receipts shall be obtained. Collateral may be
held by the depository bank’s trust department, a Federal Reserve bank or branch of a Federal
Reserve bank, a Federal Home Loan Bank, or a third party bank approved by the Town of Trophy
Club.
Collateral Policy [PFCA 2257.023]
Consistent with the requirements of the Public Funds Collateral Act, it is the policy of the Town of
Trophy Club to require full collateralization of all Town of Trophy Club funds on deposit with a
depository bank, other than investments. In order to anticipate market changes and provide a level
of security for all funds, the collateralization level will be 102% of market value of principal and
accrued interest on the deposits or investments less an amount insured by the FDIC. At its
discretion, the Town of Trophy Club may require a higher level of collateralization for certain
investment securities. Securities pledged as collateral shall be held by an independent third party
with whom the Town of Trophy Club has a current custodial agreement. The Investment Officer is
responsible for entering into collateralization agreements with third party custodians in compliance
with this Policy. The agreements are to specify the acceptable investment securities for collateral,
including provisions relating to possession of the collateral, the substitution or release of investment
securities, ownership of securities, and the method of valuation of securities. A clearly marked
evidence of ownership (safekeeping receipt) must be supplied to the Town of Trophy Club and
retained. Collateral shall be reviewed at least monthly to assure that the market value of the
pledged securities is adequate.
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Collateral Defined
The Town of Trophy Club shall accept only the following types of collateral:
Obligations of the United States or its agencies and instrumentalities
Direct obligations of the state of Texas or its agencies and instrumentalities
Collateralized mortgage obligations directly issued by a federal agency or instrumentality of the
United States, the underlying security for which is guaranteed by an agency or instrumentality of
the United States
Obligations of states, agencies, counties, cities, and other political subdivisions of any state
rated as to investment quality by a nationally recognized rating firm not less than A or its
equivalent with a remaining maturity of ten (10) years or less
A surety bond issued by an insurance company rated as to investment quality by a nationally
recognized rating firm not less than A
A letter of credit issued to the Town of Trophy Club by the Federal Home Loan Bank
Subject to Audit
All collateral shall be subject to inspection and audit by the Investment Officer or his/her designee,
including the Town of Trophy Club’s independent auditors.
XI. PERFORMANCE
Performance Standards
The Town of Trophy Club’s investment portfolio will be managed in accordance with the parameters
specified within this policy. The portfolio shall be designed with the objective of obtaining a rate of
return through budgetary and economic cycles, commensurate with the investment risk constraints
and the cash flow requirements of the Town of Trophy Club.
Performance Benchmark
It is the policy of the Town of Trophy Club to purchase investments with maturity dates coinciding
with cash flow needs. Through this strategy, the Town of Trophy Club shall seek to optimize
interest earnings utilizing allowable investments available on the market at that time. Market value
will be calculated on a quarterly basis on all securities owned and compared to current book value.
The Town of Trophy Club’s portfolio shall be designed with the objective of regularly meeting or
exceeding the average rate of return on U.S. Treasury Bills at a maturity level comparable to the
Town of Trophy Club’s weighted average maturity in days.
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XII. REPORTING (PFIA 2256.023)
Methods
The Investment Officer shall prepare an investment report on a quarterly basis that summarizes
investment strategies employed in the most recent quarter and describes the portfolio in terms of
investment securities, maturities, and shall explain the total investment return for the quarter.
The quarterly investment report shall include a summary statement of investment activity prepared
in compliance with generally accepted accounting principals. This summary will be prepared in a
manner that will allow the Town of Trophy Club to ascertain whether investment activities during the
reporting period have conformed to the Investment Policy. The report will be provided to the Town
Council. The report will include the following:
A listing of individual securities held at the end of the reporting period.
Unrealized gains or losses resulting from appreciation or depreciation by listing the
beginning and ending book and market value of securities for the period.
Additions and changes to the market value during the period.
Average weighted yield to maturity of portfolio as compared to applicable benchmark.
Listing of investments by maturity date.
Fully accrued interest for the reporting period
The percentage of the total portfolio that each type of investment represents.
Statement of compliance of the Town of Trophy Club’s investment portfolio with state
law and the investment strategy and policy approved by the Town Council.
An independent auditor will perform a formal annual review of the quarterly reports with the results
reported to the governing body [PFIA 2256.023(d)].
Monitoring Market Value [PFIA 2256.005(b)(4)(D)]
Market value of all securities in the portfolio will be determined on a quarterly basis. These values
will be obtained from a reputable and independent source and disclosed to the governing body
quarterly in a written report.
XIII. INVESTMENT COMMITTEE
Members
An Investment Committee, consisting of the Town Manager, the Assistant Town Manager, the
Investment Officer/Director of Finance, and the Secondary Investment Officer, shall review the
Town’s investment strategies and monitor the results of the investment program at least quarterly.
This review can be done by reviewing the quarterly written reports and by holding committee
meetings as necessary. The committee will be authorized to invite other advisors to attend
meetings as needed.
Scope
The Investment Committee shall include in its deliberations such topics as economic outlook,
investment strategies, portfolio diversification, maturity structure, potential risk to the Town’s funds,
evaluation and authorization of broker/dealers, rate of return on the investment portfolio, and review
of compliance with the investment policy. The Investment Committee will also advise the Town
Town Council 34 of 106 Meeting Date: January 3, 2011
TOWN OF TROPHY CLUB, TEXAS
Annual Program of Services
Council of any future amendments to the investment policy that are deemed necessary or
recommended.
Procedures
The investment policy shall require the Investment Committee to provide minutes of investment
information discussed at any meetings held. The committee should meet at least annually to
discuss the investment program and policy.
XIV. INVESTMENT POLICY ADOPTION [PFIA 2256.005(e)]
The Town of Trophy Club’s investment policy shall be adopted by resolution of the Town Council. It
is the Town of Trophy Club’s intent to comply with state laws and regulations. The Town of Trophy
Club’s investment policy shall be subject to revisions consistent with changing laws, regulations,
and needs of the Town of Trophy Club. The Town Council shall adopt a resolution stating that it
has reviewed the policy and investment strategies not less than annually, approving any changes or
modifications.
Town Council 35 of 106 Meeting Date: January 3, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-689-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/27/2010 Town Council
On agenda:Final action:1/3/2011
Title:Consider and take appropriate regarding the award/rejection of bids for Freedom Park and
Independence East Park, apparent best qualified bidder Schmoldt Construction, in an amount not to
exceed $3,941,627 and authorizing Town Manager Slye or his designee to execute all necessary
documents.
Attachments:Staff Report - Freedom Park and Indy East Bid Award.pdf
Park Bond Financial Statement.pdf
Recreational Amenities.pdf
Park Board December 15 2010 DRAFT Minutes.pdf
Ltr-Recommendation of Award.pdf
Scoring System - Ranked.pdf
Bid Tab-Selected Alternates.pdf
Action ByDate Action ResultVer.
Town Council 36 of 106 Meeting Date: January 3, 2011
File #: 2010-689-T, Version: 1
Title
Consider and take appropriate regarding the award/rejection of bids for Freedom Park and Independence East Park,
apparent best qualified bidder Schmoldt Construction, in an amount not to exceed $3,941,627 and authorizing Town
Manager Slye or his designee 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
Goal #6: A vibrant, inclusive community with involved, caring residents
Provide superior customer services
Foster a well informed community
Promote and support active lifestyle
Develop expanded community involvement opportunities
Expand recreational opportunities for all ages
Town Council 37 of 106 Meeting Date: January 3, 2011
STAFF REPORT
Freedom Park and Indy East Bid Award
Proposals were submitted and opened December 9th for the construction of Freedom and
Independence East parks and subsequently discussed/analyzed at the December 15th Park
Board meeting. The Board reviewed, voted and prioritized all of the alternates for both
parks. The following projects/alternates were approved by the Parks Board for potential
funding for this project:
Freedom Park: Base Bid - Dog Park
- Parking Lot
Indy East: Base Bid - 3 Competition Youth Ball Fields
- Common Concession/Restroom Area
- 2 Multi-Use Fields
- Trail Extension from Neighborhood 9
- Parking Lot
Alt C: Brick Pavers in lieu of Stamped Concrete
Alt E: 2 Pavilions at the Entryway
Alt G: Add’l Multi-Use lighted field
Based on the selection of those alternates, 4 members of staff (Slye, A. Adams, Huggins
& Helton) and the engineer individually scored the 8 proposals using the following
weighted criteria:
40% - Bid Amount
10% - Time Required for Substantial Completion
30% - Qualifications & Experience
20% - Reputation & References
Schmoldt Construction ranked the highest among the proposals. The scoring committee
interviewed the Schmoldt Construction management team on December 30th and
recommends Schmoldt Construction be awarded the construction project. Negotiations
following that meeting resulted in the bid amount being reduced to $3,941,627. The
original bid amount submitted by Schmoldt Construction was $3,961,200. The lower
negotiated amount is the result of not having to relocate the EnCana access road at
Freedom Dog Park (Centurion had already agreed to and completed the relocation of this
access road.)
Attached to this report is an accounting of all the Park bond money to date.
RECOMMENDATION: Award the contract for Freedom Park and Independence
East Park to Schmoldt Construction.
Town Council 38 of 106 Meeting Date: January 3, 2011
Amenity / Project Cost Fund Balance
Orginal Bond Amount $5,000,000
EXPENSED TO DATE:
Professional Services for Bond Administration $60,000
Pool UV System and Shade Structures $30,000
Renovation of Independence Park 4
(softball field converted to baseball field)
$25,000
Professional Services (Engineering) $185,000
Nature Trails at Trophy Club Park $4,000
$4,696,000
FUTURE EXPENSES:
Current Engineering Costs $96,000
Project Management throughout Completion $90,000
Freedom Park and Independence East Park Bid $3,941,627
$568,373
EARMARKED - NOT APPROVED
Nature Trails at Trophy Club Park $46,000
Splash Park at Harmony Park $200,000
Harmony Park Soccer Field without Lighting $140,000
Remaining Funds $182,373
Park Bond Financial Statement
Town Council 39 of 106 Meeting Date: January 3, 2011
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40
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Meeting Date: January 3, 2011
MINUTES OF A REGULAR PARKS & RECREATION BOARD MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
TUESDAY, APRIL 6, 2010 7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Parks & Recreation Board of the Town of Trophy Club, Texas, met in a Regular
Session on Wednesday, December 15, 2010 at 7:00 p.m. The meeting was held within
the boundaries of the Town and was open to the public.
PARKS AND RECREATION BOARD MEMBERS PRESENT
Larry Lentzner Chairman
David Abdulky Vice Chairman
Barbie Kadow Secretary arrived at 7:15pm
Dave Glaser Board Member
James Hanna Board Member
Steven Kohs Board Member
Chris McCollister Board Member arrived at 7:50pm
Dean Murray Board Member
Robbie Thomas Board Member
Kathy Trotter Board Member
PARKS AND RECREATION BOARD MEMBERS ABSENT
Steve Gregory Board Member
STAFF AND GUEST(S) PRESENT
Adam Adams Parks & Recreation Director
Erin Causey Recreation Supervisor
JD Stotts Council Member
JD Harvey EDC 4A President
Larry Hoover Council Liaison
Tom Mills Trails Subcommittee
Mike Sly Town Manager
Call to order and announce a quorum.
Chairman Stotts called the Regular Session to order at 7:10 p.m. noting a
quorum was present.
Citizen Presentation
Tom Mills, 113 Creek Court Drive – Voiced concern for development of trails.
Recommended that the board keep trails in mind when delegating and approving
funds.
Town Council 41 of 106 Meeting Date: January 3, 2011
1. Discuss and take appropriate action regarding Freedom Park and
Independence East bid tabulations and recommendation to Town Council
concerning both the base bids and the requisite alternates.
Director Adams presented a presentation on Independence East and Freedom
Park regarding the identified community needs, which needs have been
accomplished and are in progress, the cost for the remaining items, the amount
of the remaining funds, and the alternate bids for Independence East and
Freedom Park.
Chairman Lentzner reiterated that 40% of the decision process is involved in the
cost, but then it is the responsibility of the town’s engineer to ensure that the
bidder is qualified and has proper references. Should that bidder be the lowest,
then we move forward. However, if the bidder is not qualified, we move on to the
next bidder.
Chairman Lentzner reviewed the process of obtaining the 5 million dollar budget
which included a Citizen’s Bond Committee determining the needs of citizens
based on the Parks and Recreation study. The needs include a sports complex,
a spray pad, a dog park, and amenities for parks and trails.
Extensive discussion, with the advice of Town Engineer Tom Rutledge, about the
possibility of having only three baseball fields at Independence and utilizing the
space for the fourth field as a multipurpose field. Rutledge fielded questions
about cost of lighting verses no lighting, irrigation and drainage issues, and
cosmetic aspects.
Director Adams explains that alternates need to be ranked in order of importance
and that the remaining money will be spent on those items sequentially once the
bidder is decided upon. The board calculates the mean of the projects to find out
the difference in available funds.
Council Member Stotts asks a series of questions regarding the location of the
pavilions at Independence East, the cost of chain link fences, the necessity of a
mow strip, and whether or not additional land was being purchased. Questions
were fielded by Director Adams, Chairman Lentzner, and Town Engineer
Rutledge. All were satisfied with answers and explanations.
Extensive discussion about Recreation Feasibility Study and whether or not
money should be allotted for the project. The Board discusses the idea of
keeping the project, but not spending as much money on the study.
Chairman Lentzner takes a hand vote for pass or fails on the remaining items
and their cost.
a. Nature trails: Clearing, renovating and signing - $50,000 - Passes
b. Recreation Center: Feasibility study - $60,000-$75,000 - Fails
c. Playground equipment: $10,000 - Fails
d. Large covered picnic pavilion: $90,000-$100,000 - Fails
e. Soccer fields at Harmony with lights: $220,000-$240,000 – Fails
Town Council 42 of 106 Meeting Date: January 3, 2011
f. Soccer fields at Harmony without lights: $120,000-$140,000 - Passes
g. Spray pad at Harmony: $190,000-$200,000 - Passes
h. Outdoor tennis courts: $12,000-$15,000 – Fails
i. Harmony Park exercise equipment: $10,000 - Fails
j. Engineering project oversight fees: $70,000-$90,000 - Passes
k. Remaining engineering fees: $96,000 - Passes
Chairman Lentzner asks for a total on all items passed. Taking the high end of
each passed item, the total cost is $576,000. That leaves 4.15 million left of the
4.726 million available.
After discussion, a motion to deny Volume I – Freedom Park, Alternate A –
Pavilion is made by Board Member Murray and seconded by Board Member
McCollister. Motion passes.
A motion to deny Volume I – Freedom Park, Alternate B – Restroom Facility is
made by Board Member Hanna and seconded by Board Member Murray. Motion
passes.
A motion to deny Volume II – Independence Park, Alternate A – 20’ Chain Link
Backstop is made my Board Member Murray and seconded by Board Member
Hanna. Motion passes.
A motion to accept Volume II – Independence Park, Alternate C – Brick Pavers in
Lieu of Stamped Concrete is made by Board Member Murray and seconded by
Board member McCollister. Motion passes.
A motion to deny Volume II – Independence Park, Alternate D – Concrete Mow
Strip for Perimeter Chain Link Fence is made by Board Member Glaser and
seconded by Board Member Hanna. Motion passes.
After discussion, a motion to accept Volume II – Independence Park, Alternate E
– 2 Total Pavilions is made by Board Member Murray and seconded by Board
Member Glaser. Motion passes.
A motion to deny Volume II – Independence Park, Alternate F – 8 Total Tarp for
Pitching Mounds (4) and Batting Areas (4) is made by Board Member Hanna and
seconded by Board Member Glaser. Motion passes.
A motion to accept Volume II – Independence Park, Alternate G – South Multi-
use Field is made by Board Member Murray and seconded by Board Member
McCollister. Motion passes.
After discussion, a motion to deny Volume II – Independence Park, Alternate B –
9-10 Competition Baseball Field is made by Board Member Hanna and seconded
by Board Member Abdulky.
Town Manager Mike Sly addressed the Board, thanking them for taking the time
and energy to make the decisions they did tonight and expressed the importance
of their presence and input.
Town Council 43 of 106 Meeting Date: January 3, 2011
Adjourn
Chairman Lentzner adjourned the meeting at 10:05 p.m.
____________________________________
Barbie Kadow
Parks & Recreation Board Secretary
Town Council 44 of 106 Meeting Date: January 3, 2011
1100 Macon Street • Fort Worth, Texas 76102 • 817.336.5773 phone • 817.336.2813 fax
www.tnp-online.com
December 30, 2010
Mr. Mike Slye
Town Manager
Town of Trophy Club
100 Municipal Drive
Trophy Club, Texas 76262
Re: Freedom and Independence Parks
Recommendation Contract Award
Dear Mike:
On December 9, 2010, 8 sealed proposals were received for the above referenced Town
project. The method of delivery chosen for this project was the Competitive Sealed Proposal
(CSP) where the proposers were ranked according to price, construction time, qualification
and references.
Based on the scoring of each proposer, The Schmoldt Construction scored the highest. The
attached supporting documents show the bid tabulation for each proposer and the ranking
sheet. After further discussions with Schmoldt a negotiated price of $3,941,627 has been
agreed for constructing both parks.
It is recommended that the Town enter into a contract to construct both parks for the
negotiated price.
Sincerely,
TEAGUE NALL AND PERKINS, INC.
Tom Rutledge
Tom Rutledge
Principal
Attachments
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Meeting Date: January 3, 2011
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6
Meeting Date: January 3, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-679-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/27/2010 Town Council
On agenda:Final action:1/3/2011
Title:Consider and take appropriate action to authorize the Town Manager to enter into negotiations with
three qualified engineering firms, beginning with the top ranked firm, in order to contract a single firm
to conduct a drainage analysis of the Town, authorizing the Town Manager to execute all necessary
documents with the firm determined to be best qualified to meet the needs of the Town.
Attachments:Staff Report - Drainage Analysis - TC Jan 3 2011.pdf
Action ByDate Action ResultVer.
Town Council 48 of 106 Meeting Date: January 3, 2011
File #: 2010-679-T, Version: 1
Title
Consider and take appropriate action to authorize the Town Manager to enter into negotiations with three qualified
engineering firms, beginning with the top ranked firm, in order to contract a single firm to conduct a drainage analysis of
the Town, authorizing the Town Manager to execute all necessary documents with the firm determined to be best
qualified to meet the needs of the Town.
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 49 of 106 Meeting Date: January 3, 2011
TOWN COUNCIL
STAFF REPORT
January 3, 2010
Drainage Study
SUBJECT: Consider and take appropriate action to authorize the Town
Manager to enter into negotiations with an engineering firm to
conduct a drainage analysis of the Town, authorizing the Town
Manager to execute all necessary documents.
In September 2010, the Town of Trophy Club invited qualified engineering firms
to submit a statement of qualifications (SOQ) for the analysis of drainage for the
Town of Trophy Club, Texas.
The drainage analysis will determine the most efficient and cost effective way to
manage and/or repair drainage issues. This study is meant to analyze streams
and infrastructure and make recommendations and provide solutions to decrease
the number of drainage related issues in the future.
Due to budget constraints, the study will be conducted in two phases. It is
anticipated that one phase will be completed in Fiscal Year 2010-11 and the
other in Fiscal Year 2011-12. Both phases will provide recommendations of
possible courses of action to correct any deficiencies.
Twelve (12) firms submitted SOQ’s. Staff (Ed Helton, Carolyn Huggins, Stephen
Seidel, Mike Slye) reviewed submittals and narrowed the selection based on the
following:
SELECTION PROCESS
1. Relevant experience and capabilities based on both completed and
ongoing projects with greater consideration given to completed projects
similar to Trophy Club drainage issues in regard to: (a) Cities/Towns of
comparable size; and (b) Major drainage overhaul projects.
2. Statements (in the SOQ) regarding what the engineering firm considered
to be the most pertinent issues and challenges that must be addressed in
a project of this type.
Town Council 50 of 106 Meeting Date: January 3, 2011
3. Unique qualifications – for instance, familiarity with this area of the
metroplex and neighboring upstream/downstream communities.
4. Methods of team organization and communication. Does the engineering
firm have staff to provide the services needed or will they be
subcontracting or outsourcing. Where is the firm located? Are the staff at
the same location or off-site?
Staff interviewed five firms and re-interviewed three firms:
DeOtte, Inc. (Richard DeOtte)
Freese and Nichols (re-interviewed)
Halff Associates (re-interviewed)
O’Brien Engineering, Inc.
Teague, Nall & Perkins (re-interviewed)
STAFF RECOMMENDATION
Staff recommends the following firms in the order ranked:
1) Freese and Nichols
2) Teague, Nall & Perkins
3) Halff Associates
and requests Council authorize the Town Manager to enter into negotiations, and
execute all necessary documents, to hire Freese and Nichols to conduct a
drainage analysis of the Town.
Town Council 51 of 106 Meeting Date: January 3, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-682-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/27/2010 Town Council
On agenda:Final action:1/3/2011
Title:Consider and take appropriate action regarding an Ordinance Amending the Code of Ordinances of
The Town of Trophy Club by Adding Article XVI, Entitled “Citizens Financial Advisory Board”, to
Chapter 1 entitled “Administration” of The Code of Ordinances Establishing a Citizens Financial
Advisory Board; and providing an effective date.
Attachments:ORD 2010-34 CFAB.pdf
Action ByDate Action ResultVer.
Town Council 52 of 106 Meeting Date: January 3, 2011
File #: 2010-682-T, Version: 1
Title
Consider and take appropriate action regarding an Ordinance Amending the Code of Ordinances of The Town of Trophy
Club by Adding Article XVI, Entitled “Citizens Financial Advisory Board”, to Chapter 1 entitled “Administration” of The
Code of Ordinances Establishing a Citizens Financial Advisory Board; and providing an effective date.
Goals
Goal #6: A vibrant, inclusive community with involved, caring residents
Provide superior customer services
Foster a well informed community
Promote and support active lifestyle
Develop expanded community involvement opportunities
Expand recreational opportunities for all ages
Goal #8: Economically diverse, prosperous community
Enact progressive economic initiatives
Investigate Progressive Zoning Concept
Town Council 53 of 106 Meeting Date: January 3, 2011
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE 2010 – 34
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE TOWN OF TROPHY
CLUB BY ADDING ARTICLE XVI, ENTITLED “CITIZENS FINANCIAL
ADVISORY BOARD”, TO CHAPTER 1 ENTITLED “ADMINISTRATION”
OF THE CODE OF ORDINANCES ESTABLISHING A CITIZENS
FINANCIAL ADVISORY BOARD; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT
TO ADD ARTICLE XVI TO CHAPTER 1 OF THE CODE OF
ORDINANCES IN ORDER TO ESTABLISH THE BOARD; PROVIDING
DEFINITIONS; PROVIDING NUMBER OF MEMBERS, TERMS OF
OFFICE AND QUALIFICATIONS; PROVIDING POWERS AND DUTIES
OF THE BOARD; SETTING FORTH PROCEDURES FOR THE BOARD;
PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas is a Home Rule Town acting under
its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, at a Special Election held on the 9th day of May, 2009, more than a
majority of the duly qualified residents voted in favor of the approval and adoption of
various amendments to the Home Rule Charter for the Town of Trophy Club, Texas
which were subsequently put into effect upon adoption of Ordinance No. 2009-12; and
WHEREAS, the Budget Process amendment sets forth certain requirements
such as cost of service delivery comparisons, procedures for administration and
fiduciary oversight of the budget, proposed goals for current and future operations and
methods to measure outcomes and performance related to goals, and a five year capital
plan; and
WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens
involved in local government through service on Boards and Commissions; and
WHEREAS, the Town Council has determined that a Citizens Financial Advisory
Board will provide a valuable resource for the Town Council;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
Town Council 54 of 106 Meeting Date: January 3, 2011
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises having been found by the Town Council to be
true and correct are incorporated herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT - ADOPTION OF ARTICLE XIV OF CHAPTER XV
2.01 Article XVI entitled “Citizens Financial Advisory Board” of Chapter 1 entitled
“Administration” of the Code of Ordinances of the Town of Trophy Club is hereby
adopted and shall read in its entirety as follows:
“Section 16.01 Definitions
For the purpose of this article, the following terms, phrases, words and
their derivations shall have the meaning given herein:
A. Budget: Those items found in the Home Rule Charter of the Town of
Trophy Club, Article IX Budget, Finance and Taxation, and associated
Charter policies and procedures.
B. Citizens Financial Advisory Board or Board: The Town of Trophy
Club’s Citizens Financial Advisory Board as appointed by the Town
Council.
C. Director: A person appointed by the Town Manager as Director of
Finance, or the Director’s designee.
Section 16.02 Board Established/Number of Members/Terms
Established and Qualifications
The Citizens Financial Advisory Board consisting of five (5) members is
hereby established as follows:
A. Qualifications. Members shall be residents of the Town of Trophy
Club meeting the qualifications established by the Town Council in the
Handbook for Elected and Appointed Officials.
B. Compensation. Members shall serve without compensation.
C. Staggered Terms. Members’ terms will be for three (3)
years/staggered. Places on the Board shall be numbered 1 through 5.
Places 1 and 2 on the initial Board shall serve for a term of three (3)
years. Places 3 and 4 on the initial Board shall serve for a term of two
(2) years. Place 5 on the initial Board shall serve for a term of one (1)
Town Council 55 of 106 Meeting Date: January 3, 2011
year. Upon expiration of the initial term, members appointed to those
seats shall serve on a regular three (3) year term interval.
D. Hold Over. If a replacement has not qualified upon the expiration of a
member’s term, then that member shall continue membership until
replaced.
E. Officers. The Board shall annually elect a Chairperson, Vice-
Chairperson and a Secretary, each of which shall perform the duties as
set forth below:
i. The Chairperson shall preside over meetings and shall be
entitled to vote upon each issue. Board shall conduct its
meetings in accordance with the Town’s Board, Commission
and Committee Handbook.
ii. The Vice-Chairperson shall assist the Chairperson in directing
the affairs of the Board. In the absence of the Chairperson, the
Vice-Chairperson shall assume all duties of the Chairperson. In
the event that both the Chairperson and Vice-Chairperson are
absent, the proceedings shall be conducted in accordance with
Robert’s Rules of Order.
iii. The Secretary shall record minutes of all meetings, and in the
Secretary’s absence; the Chairperson shall designate another
member to act as Secretary. Upon approval by the Board, the
Secretary shall sign the official copy of the minutes. The
Secretary shall distribute, once a year at the first regular
meeting, a copy of the current Citizen’s Financial Advisory
Board Ordinance.
F. Director Participation. The Director may attend the board meetings.
G. Ex-Officio Member. The Director shall be an ex officio member of the
Board, with the ability to participate in discussions but without the right
to vote.
H. Absence. A member’s absence from three (3) meetings annually
without formal consent of the Board shall be deemed to constitute the
resignation of that member and shall be certified by the Chairperson to
the Town Council. A member’s absence will be considered at the next
regularly scheduled meeting following the absence.
Members should attempt to make all regular meetings. However, if a
member finds difficulty in maintaining regular attendance, it is
suggested that the member consider whether they have sufficient time
Town Council 56 of 106 Meeting Date: January 3, 2011
to be an effective member. It is the responsibility of a member in this
position to initiate a discussion with the Chairperson or staff liaison
about attendance.
The Chairperson of the Board is to maintain a charted attendance
record for all members. If attendance becomes an issue, the
Chairperson will attempt to secure a written resignation.
I. Meetings. Regular meetings shall be held at least once quarterly on
the date and at the time established by the Board as provided in this
Ordinance.
J. Quorum. A majority of members shall constitute a quorum.
K. Minutes. Minutes of each Board meeting shall be filed with the Town
Secretary.
Section 16.03 Powers and Duties of the Board
The Citizens Financial Advisory Board shall have the following powers and
perform the following duties:
A. Advisory Capacity to Council. The Board shall act principally in an
advisory capacity to the Town Council and Town staff in Budget
matters. The Board shall only accomplish those tasks directed or
approved by Council.
B. Cooperative Opportunities. The Board may cooperate with other
governmental agencies, civic organizations, industry and all citizens of
the Town in the gathering and development of information.
C. Amendments to Article. The Board shall review this Article annually,
and forward any recommended amendments to the Town Council.
D. Reports. The Board, through its Chairperson or his/her designee, shall
make an oral and written report annually to the Town Council
concerning its activities during the previous year.
E. Actions of Board as a Unit. No action of any individual member(s) is
authorized except as approved by the Board. Only the Board acting as
a whole shall exercise the powers and duties of the Board.
Section 16.04 Procedures of the Board
The procedures of the Board shall be as set forth below:
Town Council 57 of 106 Meeting Date: January 3, 2011
A. The Board shall establish the schedule and time for its regular
meetings. The Chairperson may call special meetings. All meetings
shall be held in a public place with public notice as prescribed by law.
B. A quorum consisting of a majority of members shall be required for the
transaction of any business.”
SECTION 3.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances of the Town affecting
the boards and commissions, finance, and the Citizens Financial Advisory Board and
shall not repeal any of the provisions of such Ordinances except in those instances
where provisions of those Ordinances are in direct conflict with the provisions of this
Ordinance; whether such Ordinances are codified or uncodified, and all other provisions
of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with
the provisions of this Ordinance, shall remain in full force and effect.
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 from and after its date of passage in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 3rd day of January 2011.
Town Council 58 of 106 Meeting Date: January 3, 2011
Mayor, Connie White
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Interim Town Secretary, Shannon DePrater
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Town Attorney, Patricia Adams
Town of Trophy Club, Texas
Town Council 59 of 106 Meeting Date: January 3, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-678-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:12/27/2010 Town Council
On agenda:Final action:1/3/2011
Title:Consider and take appropriate action regarding financial and variance report dated November 2010.
Attachments:November 2010 Monthly Financial Reports.pdf
Action ByDate Action ResultVer.
Town Council 60 of 106 Meeting Date: January 3, 2011
File #: 2010-678-T, Version: 1
Title
Consider and take appropriate action regarding financial and variance report dated November 2010.
Goals
Goal #8: Economically diverse, prosperous community
Enact progressive economic initiatives
Investigate Progressive Zoning Concept
Town Council 61 of 106 Meeting Date: January 3, 2011
Town Council 62 of 106 Meeting Date: January 3, 2011
Town Council 63 of 106 Meeting Date: January 3, 2011
Town Council 64 of 106 Meeting Date: January 3, 2011
Town Council 65 of 106 Meeting Date: January 3, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-683-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/27/2010 Town Council
On agenda:Final action:1/3/2011
Title:Town Manager Slye's update regarding the following; discussion of the same.
· Council Retreat Update
Attachments:
Action ByDate Action ResultVer.
Town Council 66 of 106 Meeting Date: January 3, 2011
File #: 2010-683-T, Version: 1
Title
Town Manager Slye's update regarding the following; discussion of the same.
· Council Retreat Update
Goals
Goal #6: A vibrant, inclusive community with involved, caring residents
Provide superior customer services
Foster a well informed community
Promote and support active lifestyle
Develop expanded community involvement opportunities
Expand recreational opportunities for all ages
Town Council 67 of 106 Meeting Date: January 3, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-684-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/27/2010 Town Council
On agenda:Final action:1/3/2011
Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional
meetings; discussion of same.
Attachments:
Action ByDate Action ResultVer.
Town Council 68 of 106 Meeting Date: January 3, 2011
File #: 2010-684-T, Version: 1
Title
Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of
same.
Meetings/Events Attended by Council:
- Tidwell Middle School Career Fair
- 35W Coalition Annual Meeting and 5th Anniversary Celebration
- SH 114 Expansion Groundbreaking
- Town of Trophy Club Annual Christmas Parade and Tree Lighting
- Denton County Precinct 4 Task Force Monthly Meeting
Goals
Goal #6: A vibrant, inclusive community with involved, caring residents
Provide superior customer services
Foster a well informed community
Promote and support active lifestyle
Develop expanded community involvement opportunities
Expand recreational opportunities for all ages
Town Council 69 of 106 Meeting Date: January 3, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-685-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/27/2010 Town Council
On agenda:Final action:1/3/2011
Title:Receive Mayor Pro Tem Rose's liaison report regarding the December 14, 2010 TCMUD No. 1
Meeting; discussion of same.
· Water Conservation Plan
· Trinity Well No. 2 Project
· President Thomas information "Considerations Concerning Need for Additional Water
Storage"
Attachments:Considerations Concerning Need for Additional Water Storage.pdf
Action ByDate Action ResultVer.
Town Council 70 of 106 Meeting Date: January 3, 2011
File #: 2010-685-T, Version: 1
Title
Receive Mayor Pro Tem Rose's liaison report regarding the December 14, 2010 TCMUD No. 1 Meeting; discussion of
same.
· Water Conservation Plan
· Trinity Well No. 2 Project
· President Thomas information "Considerations Concerning Need for Additional Water Storage"
Goals
Goal # 3: Community with shared vision
Forge collaborative relationships with other governmental/public entities
Create a positive regional identity
Goal #6: A vibrant, inclusive community with involved, caring residents
Provide superior customer services
Foster a well informed community
Promote and support active lifestyle
Develop expanded community involvement opportunities
Expand recreational opportunities for all ages
Town Council 71 of 106 Meeting Date: January 3, 2011
MUD1 Meeting – December 14, 2010
Considerations Concerning Need for Additional Water Storage
Assumptions & Approximations:
- 2M additional gallons of water storage is needed as soon as possible.
- A 2M gallon storage tank or a 2M gallon elevated water tank will both accomplish this need.
- Land for an additional 2M storage tank is currently a problem.
- One viable solution may be to swap land with the PID/City and build a storage tank at the same site for
the new elevated water tower.
- Cost for a 2M gallon storage tank at the new site would be $1.7M and 2 pumps would be required which
would cost an additional $.5M - for a total expense of $2.2M.
- Another viable option is to add 2M gallons of water storage to existing tanks by raising their height 12
feet – total cost of $1.23M.
- A 2M gallon elevated tank would cost $2.7M, split 50/50 between MUD1 and the PID/Town for a total
expense of $1.35M to MUD1.
- Ownership of the elevated tank would be based on the % of funds each entity provided for the
construction of the elevated tank (MUD / PID / Town) – if this is possible.
- Anticipated that a 3-year 3% loan can be obtained for the $1.35M.
- A $2M elevated water tower would cost $120K more versus adding the 12 feet of height to existing
tanks; but would give us the water storage capacity we need short-term, plus the ability to expand the
tanks in future years by an additional 2M gallons if needed.
- A 3-year bank loan for $1.35M at 3% interest would result in an interest expense of $40K / year for each
of the 3 years for a total expense of $1.35M + $120K or $1.47M.
- MUD1 finalizes payments on a major bond on September 1, 2011 resulting in a reduction in bonded
expense of $659,622 or a 6 cent tax reduction ($110,000 of revenue is raised with 1 cent of taxation.
Conclusion:
- A 2M gallon elevated tank appears to be the most feasible alternative for additional water storage; for
both short and long-term needs.
- MUD1 could lower its taxes for 2011-2012 (next year) another 1 cent and still have $550,000 available
annually to pay off a 3-year bank note. (5 cents X $110K per cent of taxation).
- $1.47M / $550K = 2.67 years to pay off a bank note.
- Three years from the start of expenses for a new elevated tank, MUD1 could reconsider if a new water
well is required as more PID homes should be on the ground – and Solana may even have added
additional buildings – plus the front entrance may be underway; all giving us a better picture of future
water requirements.
- We could then consider the options of another bank loan or bonding to pay for this debt, or any other
debt deemed necessary at that time.
- Applying these 5 cents to the elevated storage tank would mean that we possibly could not assume
ownership of EMS next year without a subsequent raise in MUD1 taxes, estimated to be 5 cents for
MUD1 to cover the cost for EMS.
- Unless the Town would agree to lower its tax base by whatever amount MUD1 has to apply, it may not
be financially feasible for MUD1 to assume the EMS department and its expenses next year.
- If the town would agree, it would be a tax-wash to our residents and we probably should go forward
with the idea.
- If the town so chose not to reduce the full 7 cents it pays for EMS today, it would potentially have 2
cents of taxable dollars to fund other projects it requires, without raising its taxes to do so.
Town Council 72 of 106 Meeting Date: January 3, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-686-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/27/2010 Town Council
On agenda:Final action:1/3/2011
Title:Items for Future Agendas.
Attachments:Future Agenda Items List.pdf
Action ByDate Action ResultVer.
Town Council 73 of 106 Meeting Date: January 3, 2011
File #: 2010-686-T, Version: 1
Title
Items for Future Agendas.
Goals
Goal #6: A vibrant, inclusive community with involved, caring residents
Provide superior customer services
Foster a well informed community
Promote and support active lifestyle
Develop expanded community involvement opportunities
Expand recreational opportunities for all ages
Town Council 74 of 106 Meeting Date: January 3, 2011
Town of Trophy Club Town Council Future Agenda Items List
1. Item to receive a report from Town Manager regarding an update on the
Comprehensive Land Plan. (Edstrom, 10/20/08 & Strother, 10/19/09)
2. Consider and take appropriate action regarding an Ordinance amending Chapter 3
of the Code of Ordinances entitled "Buildings and Construction" of Article XV,
entitled "Swimming Pools. (Rose, 2/1/10)
3. Consider and take appropriate action regarding procurement policies and their
alignment with State statutes. (Rose, 2/1/10)
4. Consider and take appropriate action regarding placing policies and procedures on
the Town web site. (Rose, 2/1/10)
5. Consider and take appropriate action regarding noise regulations for Oil and Gas
Well Drilling and Production (Rose, 4/26/10)
6. Staff update regarding Marshall Branch Creek area located North of HWY114;
discussion and action of the same. (Stotts, 6/21/10)
7. Staff update regarding the loop road and a report from the engineer firm hired by
the County. (Stotts, 6/21/10)
8. Parks Board to provide a recommendation to the Council regarding fees for
recreational amenities; Council discussion and action. (Rose, 9/27/10)
9. Presentation and 10-year plan from Dr. Walker on Trophy Club Park. (Stotts,
10/4/10)
10. Staff proposal regarding the amenity lakes, including associated costs to accept
the amenity lakes from the developer. (Stotts, 10/4/10)
11. Consider and take appropriate action regarding communication plan (Cantrell,
11/15/2010)
Town Council 75 of 106 Meeting Date: January 3, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-687-T Name:
Status:Type:Agenda Item Executive Session
File created:In control:12/27/2010 Town Council
On agenda:Final action:1/3/2011
Title:Council to convene into executive session pursuant to Texas Government Code, Annotated,
Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the appointment, employment,
evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee:
(1) Discussion regarding the hiring of a Town Secretary
Attachments:
Action ByDate Action ResultVer.
Town Council 76 of 106 Meeting Date: January 3, 2011
File #: 2010-687-T, Version: 1
Title
Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section
551.074(a) "Personnel Matters, to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of a public officer or employee:
(1) Discussion regarding the hiring of a Town Secretary
Town Council 77 of 106 Meeting Date: January 3, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-688-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/27/2010 Town Council
On agenda:Final action:1/3/2011
Title:Consider and take appropriate action regarding the Executive Session.
Attachments:
Action ByDate Action ResultVer.
Town Council 78 of 106 Meeting Date: January 3, 2011
File #: 2010-688-T, Version: 1
Title
Consider and take appropriate action regarding the Executive Session.
Town Council 79 of 106 Meeting Date: January 3, 2011
Supplemental
Information
Town Council 80 of 106 Meeting Date: January 3, 2011
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Meeting Date: January 3, 2011
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December 16, 2010
Number 9
TML LEGISLATIVE UPDATE “APP” NOW AVAILABLE FOR
MANY SMART PHONES
City officials, like everyone these days, use their smart phones to conduct daily business.
Keeping up with essential municipal news on many of those phones just got easier!
To download the TML Legislative Update application to your smart phone, click here on your
phone’s browser and click on the link that is appropriate for your device. The app should then
install automatically.
(Note: The app is currently available for Blackberry, Windows phones, and Google Android
phones. An iphone app is currently unnecessary because of the web-browsing capability of that
phone.)
WILL STATE’S RIGHTS TRANSLATE TO CITIES’ RIGHTS?
“Government that’s closest to the people is the best government.” That’s what Gov. Rick Perry
said in an interview on NBC’s Today show two days after his victory in the November general
election.
The election also swept into office a multitude of candidates supported by the Tea Party
movement who share Gov. Perry’s view that Washington has infringed upon the powers of state
governments and burdened the states with costly mandates.
Town Council 84 of 106 Meeting Date: January 3, 2011
2
In his interview with Meredith Vieira on Today, Perry said: “I think governors, whether you're
Democrat or Republican, should be pushing back from Washington, D.C., and saying, ‘Listen,
leave us alone. We know how to best to run our states. That government that's closest to the
people is the best government.’”
Tea Party leaders have echoed those views. Mark Meckler, co-founder of the Tea Party Patriots,
was quoted by the Associated Press the week before the election saying: “The best government is
local government.” And, the North Texas Tea Party, in its statement of principles, makes this
appeal: “If you believe that government close to the people governs best…we implore you to
stand up and join our peaceful re-revolution.”
It’s a theme the governor sounded frequently during his re-election campaign. In an op-ed
column authored by Perry in August 2009, he argued that the states, not Washington, should take
the lead on health care reform.
“Instead of handing down ‘one size fits all’ mandates on how it’s going to be, Washington
should be enabling states to set their own agendas, and solve their own problems,” Perry said.
Of course, this raises the question of whether the governor has adopted a new, consistent
political philosophy that refrains from imposing state mandated restrictions on the ability of local
governments to solve their own problems. Or is this just typical, meaningless campaign rhetoric
designed to garner votes?
Perry certainly knows that “local control” is a popular message with voters. An opinion poll
commissioned by TML in 2004 found that Texans overwhelmingly agreed that local tax and
budget decisions are better handled by locally elected officials than by the state legislature.
But in the past, when Perry has advocated state-mandated restrictions on municipal and county
budgets or state-mandated elections on local revenue increases, he has argued that such proposals
do not violate local control “because empowering taxpayers is the ultimate form of local
control.”
Would the governor feel the same way if Congress mandated statewide elections empowering
taxpayers to vote on increases in state revenue? Or would he see that as a “one size fits all”
mandate that prevents states from solving their own problems?
With the legislative session just weeks away, local officials will soon find out whether Gov.
Perry truly believes that the best government is the one closest to the people.
“WE SUPERSEDE YOU”
The article above questions whether the governor will refrain from supporting state-mandated
restrictions on the ability of local governments to solve their own problems. Only time will tell
Town Council 85 of 106 Meeting Date: January 3, 2011
3
how he treats city and other local government officials throughout the upcoming legislative
session.
But what about state legislators? How do they view city and other local government officials? It
is clear that some state legislators believe that “local control” is just fine, so long as local leaders
govern in a way that conforms to those legislators’ personal and/or political philosophies.
Hundreds of bills are filed each legislative session that would erode local control. Many of those
bills are designed to directly supersede the decisions of local officials. Those decisions range
from how much revenue is needed to carry out citizens’ needs to which property should be zoned
how, and everything in between.
It is true that cities are “creatures of the state.” With that distinction comes the fact that the state
legislature can pass laws that limit just about every facet of municipal government. How do
some legislators view city and other local government officials? Please click here to see a two-
minute video showing how one committee chairman in the Texas House described the
relationship at a November 16, 2010, interim meeting.
SENATE BLOCKS MANDAT ORY COLLECTIVE BARGAINING
LEGISLATION
On Wednesday, Senate Majority Leader Harry Reid’s (D-NV) procedural motion to advance
debate on mandatory federal collective bargaining legislation (S. 3991) fell five votes short of
the 60 needed. The motion failed by a vote of 55 to 43. (Both Texas senators voted against the
legislation.)
The current version of the bill was similar to earlier versions and would require cities and towns
over 5,000 population to enter into collective bargaining agreements with their public safety
employees. However, unlike earlier versions, this one exempted sheriffs’ deputies in states that
currently do not provide for collective bargaining for those employees.
In any form, the National League of Cities (NLC) opposes this bill on the grounds that it
interferes with state and local laws, violates principles of federalism, and may be
unconstitutional. With time running out in the lame duck session, this vote signals that the bill is,
for all practical purposes, dead for this legislative year.
By Neil Bomberg and reprinted with permission from the National League of Cities.
Town Council 86 of 106 Meeting Date: January 3, 2011
4
FEDERAL JUDGE HEARS OPEN MEETINGS ACT
CHALLENGE
On November 23, U.S. District Judge Robert Junell held a one-day bench trial in Austin
regarding the constitutionality of the criminal provisions of the Texas Open Meetings Act (Act).
The lawsuit is based on the same legal principles as a previous one involving city officials from
the City of Alpine. The previous case was ultimately dismissed on procedural grounds.
In 2006, the same judge upheld the criminal provisions in the Act. On appeal in 2009, the
question was presented as to whether the speech of local government officials made pursuant to
their official duties has the same constitutional protections that the First Amendment to the U.S.
Constitution grants to other types of speech. A three-judge panel of the U.S. Court of Appeals
for the Fifth Circuit held that when a state seeks to restrict the speech of an elected official on the
basis of its content, a federal court must apply the “strict scrutiny” standard of review. Strict
scrutiny: (1) shifts the burden of proof to the government; (2) requires the government to prove
that its action or regulation pursues a compelling state interest; and (3) demands that the
government prove that its action or regulation is “narrowly tailored” to further that compelling
interest. In other words, the state would have to prove that the criminal provision of the Act is
not unconstitutional.
Shortly after the opinion of the three-judge panel was issued, however, the entire court dismissed
the case by a 16-1 decision without the benefit of hearing oral arguments. The case was
dismissed due to a lack of standing because the plaintiff was no longer a city official (he was
term-limited as a councilmember). The court thus deemed the case moot.
The main issue in the current lawsuit is whether the three-judge panel decision in the previous
suit should have precedential value. The city official plaintiffs point out that the panel decision
has already been cited by legal scholars, judges, and attorneys as precedent that should be
followed. Further, the plaintiffs contend that, although the Fifth Circuit ultimately dismissed the
case on mootness grounds, the decision to dismiss did not invalidate the panel decision. If the
judge uses the panel decision as precedent, the “strict scrutiny” test will be applied to the
criminal provisions of the Act. Because that standard creates a very high legal hurdle, the
criminal provisions in the Act will likely be struck down if that standard is applied.
Newspapers around the state have once again published editorials that contain various
misleading statements or outright false information. TML members should be aware that the
League has not funded the lawsuit in any way. Moreover, the TML Board of Directors decided
in 2008 that League should not be a party to the suit, but should provide the type of support that
is expected in a lawsuit that could impact every city (e.g., through “friend of the court” briefs and
other non-financial means of support).
Despite the League’s attempts to clarify the incorrect statements of various media outlets and
other groups about the nature of the lawsuit and the fact that TML is not “behind it,”
misinformation continues to flow freely. One of the city councilmembers who testified at the
November 23 trial made a valiant effort to explain why he is involved in the lawsuit, and his
editorial (which has appeared in at least one daily newspaper) is printed in full below:
Town Council 87 of 106 Meeting Date: January 3, 2011
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Texas open meetings law needs improvement
While I agree with the spirit of the [Fort Worth] Star-Telegram Editorial Board’s
gallant defense of the Texas Open Meetings Act in the Nov. 26 editorial, “Texas law
keeps public business in the public eye,” I feel compelled to point out a couple of straw
men.
In your zeal to editorialize, you stated: “What the plaintiffs want is nothing less than
judicial approval of backroom meetings and under-the-table deals involving public
business.” This is simply not the case, with all due respect, which a review of Judge
Robert Junell’s hearing transcript would validate. (Editor’s note: The transcript of the
trial is available on the TML Web site here.) [legal, Open Government, Misc, November
2010 TOMA Trial Transcript]
Your caricature of my purpose in challenging TOMA, to “perk up [my] public profile”
or to “avoid the ordeal of public debate” cheapens the importance of what we should
be discussing. I abhor secret meetings and the political culture of concealment and
darkness they foment. A history of the 20th century is a compendium of the human
catastrophes that can emerge from such environments.
I also detest the use of TOMA, in my world here-and-now, as an instrument of power
wielded by some in elected positions of authority to stifle the behavior, or even the
thoughts and speech, of other elected officials for their own advantage. It is this
unintended, negative consequence of TOMA that I seek to change. While some may
scoff at the plaintiffs’ concerns as vague fears of imaginary speech police, the bullies of
whom I am mindful are not imaginary, I assure you.
My apprehension about testifying in this case was that the political fringes, both left
and right, would inevitably and unfairly accuse me of favoring secret meetings.
Nevertheless, I thought that the political capital expended would still be worth it, for I
knew that secret meetings, or as you put it “backroom meetings and under-the-table
deals,” are a red herring diverting attention from the real issue.
That issue, in my opinion, is confusion, and the desire of some to maintain and even
embellish such confusion as a means to attain personal objectives.
If an elected official discusses public policy on the radio with a quorum of his peers
listening; or if that same official runs for re-election and mails a flyer to his
constituents and his fellow elected leaders; or if he e-mails a proposed agenda to his
peers and requests an open meeting; he is committing a crime in each example.
Or are they? Your answer could depend on which lawyer you questioned, or if you
asked the proverbial man-on-the-street. You would likely get as many different answers
as individuals asked. That is confusion.
Town Council 88 of 106 Meeting Date: January 3, 2011
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TOMA is a vague and confusing law, made more so by opinions handed down by
attorneys general and appellate court rulings throughout its 43-year history. Confusion
creates a milieu of silence and non-action, hesitation that stems from fear of reprisal,
including jail time and fines, or of simply making a mistake.
All of this leads to a void in understanding that enables those in positions of authority to
devise their own interpretation of TOMA, often empowering it with applicability to
those within their sphere of influence. This interpretation may be self-serving and
intimidating -- yet cloaked in the protective garb of confusion, it generally has its way.
My initial tepid response to this lawsuit abated once I read a draft of the plaintiffs’
complaint. Described therein was my experience with the idiosyncrasies of TOMA
during my four years in public office, and I felt motivated to rectify a flaw embedded in
this most admirable law.
I would welcome “the ordeal of public debate” of this unintended consequence of
TOMA, provided our starting point is a mutual disdain for secret meetings of any sort
and our intent is to discuss and bring clarification to the real issue at hand.
Mel LeBlanc represents District 1 on the Arlington City Council.
The November 26 editorial to which Councilmember LeBlanc refers is available online here.
TxDOT PROPOSES REWRITE OF STATE HIGHWAY
BILLBOARD RULES
The Texas Department of Transportation (TxDOT) has proposed a rewrite of its billboard rules
to strengthen enforcement, increase fees, and provide consistency between primary and rural
road programs. TxDOT invited interested parties to participate in the rewrite process. The
parties included city and county officials, TML staff, sign companies, individuals from scenic
organizations, and landowners.
Of interest to cities, the proposed rules would add additional reporting requirements for any city
that has chosen to be “certified” by TxDOT to enforce state billboard rules. The reporting
requirements include: (1) an annual sign inventory; (2) a sign enforcement plan; and (3) reports
on sign enforcement efforts.
Other changes proposed by TxDOT include: (1) a sign owner must get written permission from a
city that regulates signs before receiving its permit from TxDOT; (2) the location of signs near
parks; (3) the definition of “commercial or industrial area”; and (4) when roadways become
subject to billboard rules. The proposed rules also address where a sign can be relocated due to a
state highway project.
Town Council 89 of 106 Meeting Date: January 3, 2011
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Comments will be accepted on these rules until January 28, 2011. A public hearing on the rules
will be held on January 10, 2011, at 1:00 p.m. at the Greer State Highway Building in Austin.
The full text of the proposed rules is available here.
MUNICIPAL DERIVATIVES SETTLEMENT
The Texas attorney general’s office announced on December 7 that Bank of America entered
into a $67-million agreement with twenty states that will resolve the states’ antitrust
investigation into the bank’s marketing of municipal derivatives.
(Municipal derivatives are used to invest the proceeds of municipal bonds. Because municipal
bonds commonly fund multi-year public works projects, most of their proceeds cannot be spent
immediately, and must be invested to earn interest until they are ripe for use. These investment
vehicles are known as municipal derivatives, an umbrella term that refers to various tax-exempt
investment vehicles.)
The settlement comes following Bank of America’s self-reporting of its own wrongdoing to the
U.S. Department of Justice. Under the agreement, Bank of America must make full restitution to
any state, local, and not-for-profit entity with which it entered into municipal derivative
agreements between 1998 and 2003.
According to the attorney general’s office, “Qualifying governmental and not-for-profit entities
will receive notice of eligibility and, to obtain restitution, must participate in the claims process
established under [the] agreement. Eligible Texas entities are expected to receive approximately
$3.5 million from the restitution fund.”
COMPTROLLER RELEASES UPDATED BUDGET AND
PURCHASING MANUALS
The Texas comptroller’s office has released updated versions of two useful manuals for city
officials.
• The Budgeting Manual for Texas Cities 2010 is available here.
• The Model Purchasing Manual for Texas Cities & Counties 2010 is available here.
CABLE ASSOCIATION APPEALS STATE CABLE FRANCHISE
DECISION
The previous edition of the TML Legislative Update reported that the Texas Cable and
Telecommunications Association (TCTA) lost its federal district court challenge to the state law
Town Council 90 of 106 Meeting Date: January 3, 2011
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provision that requires incumbent cable providers to fulfill obligations under existing cable
franchise agreements until those agreements expire. Click here to read that detailed article.
On November 19, TCTA filed a notice that it will appeal the trial court’s ruling to the Fifth
Circuit Court of Appeals. TML will continue to monitor the case, but it appears almost moot
because only a handful of grandfathered cable franchises remain in existence.
NEW ROUND OF COMMENT S ON FEDERAL STREET SIGN
REGULATIONS
In the wake of outcry regarding street sign font and reflectivity requirements, among others, U.S.
Secretary of Transportation Ray LaHood has called for additional public input on compliance
dates for a number of federal traffic control regulations.
Of particular interest to cities, the Federal Highway Administration (FHA) is seeking input from
the public on changes to the Manual on Uniform Traffic Control Devices (MUTCD), including
compliance dates. Comments are solicited from the general public, state and local highway
agencies, the insurance industry, law enforcement agencies, incident management and
maintenance personnel, academic institutions, planning, construction and engineering
organizations, and other stakeholders.
“Given the difficult economic conditions states currently face, asking for additional input on
compliance dates is the right thing to do,” said Secretary LaHood. “We want to be sure these
safety requirements are reasonable, fair, and cost-effective.”
The public will have until January 14, 2011, to submit comments to the Federal Register. The
notice is not a rulemaking action. It merely solicits comments on the issues to help FHA analyze
the issues and consider what actions, if any, might be advisable in the future.
To review the Federal Register notice and to post comments, please go to www.regulations.gov
and enter the docket number “FHWA-2010-0159” in the box labeled “Enter Key Word or ID.”
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 click here and fill out the online
form. If you have any questions, please contact Katie Fleming at Katie@tml.org or 512-231-
7400.
Town Council 91 of 106 Meeting Date: January 3, 2011
9
CITY-RELATED BILLS FILED
H.B. 32 (Creighton) – Health Insurance: would provide that, with limited exceptions, no
resident of this state, regardless of whether he has or is eligible for health insurance coverage
under any policy or program provided by or through his employer, or a plan sponsored by the
state or the federal government, shall be required to obtain or maintain a policy of individual
insurance coverage except as required by a court or a governmental agency or department where
an individual is named a party in a judicial or administrative proceeding.
H.B. 209 (Alonzo) – Library Computers: would require that a public library provide computers
with high-speed Internet access for public use if the public library: (1) has a service area of more
than 50,000 residents; (2) receives state or federal funding to provide high-speed Internet access;
and (3) seeks accreditation as part of a major resource system or a regional library system.
(Note: This summary has been slightly revised from that published in the previous edition of the
Legislative Update.)
H.B. 351 (Veasey) – Expunction: would expand the circumstances under which a person may
request expunction of all records of an arrest.
H.B. 279 (Geren) – Eminent Domain
: 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 10
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).
Town Council 92 of 106 Meeting Date: January 3, 2011
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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.
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
Town Council 93 of 106 Meeting Date: January 3, 2011
11
impairment of highway access to or from real property where the real property adjoins the
highway.
(Companion bill is S.B. 180 by Estes.)
H.B. 283 (Lucio) – Parks: would: (1) require newly constructed or renovated (where at least
50 percent of the equipment or facilities are renovated) land or water parks that are owned,
operated, or maintained by a city to have: (a) a wheelchair-accessible surface wide enough for
two wheelchairs to pass that connects the parking area to each playground in the park; and (b) at
least one element of the available play equipment in a playground wheelchair accessible; and (2)
authorize the Parks and Wildlife Commission, after consultation with the Department of Aging
and Disability Service or another qualified person, to adopt guidelines to assist a city that
develops or maintains a park in the purchase, design, construction, or installation of wheelchair-
accessible surfaces and equipment.
H.B. 287 (Lucio) – Cell Phone Ban: would prohibit an operator from using a wireless
communication device to read, write, or send a text-based communication while operating a
motor vehicle unless the vehicle is stopped.
H.B. 288 (Lucio) – Cell Phone Ban: would: (1) prohibit an operator of a passenger bus from
using a wireless communication device while operating the bus unless the vehicle is stopped; (2)
prohibit an operator of a vehicle used to transport clients of the business or public entity that
owns or leases the vehicle from using a wireless communication device while operating the
vehicle unless the vehicle is stopped; and (3) establish that a vehicle used to transport clients
includes vehicles owned or leased by certain convalescent and nursing home institutions,
continuing care facilities, assisted living facilities, and entities that provide special transportation
services to elderly or disabled persons.
H.B. 293 (Berman) – Immigration: would make an individual whose presence in the United
States is not authorized by federal law ineligible to: (1) be an employee for the state or a city; or
(2) receive retirement payments or benefits as a former employee of the state or a city.
H.B. 296 (Berman) – Immigration: would: (1) require a peace officer to make a reasonable
attempt to determine the immigration status of a person detained or arrested; (2) prohibit an
officer from using immigration status as the grounds for a detention or arrest; (3) prohibit an
officer from unlawfully prolonging the period during which an individual is detained or held in
custody; (4) prohibit an officer from attempting to determine the immigration status of a person
if it would hinder or obstruct a criminal investigation; (5) require an officer to receive judicial
authorization before transferring an undocumented immigrant to a federal facility in another
state; (6) require an officer to notify the federal immigration authorities when an undocumented
immigrant is discharged from confinement or from a fine for violating state or city law; (7)
prohibit a city from limiting or restricting the enforcement of federal immigration law; (8)
require that a city or state agency be allowed to send, receive, and maintain information
regarding a person’s immigration status for use in determining an individual’s eligibility for
benefits and other listed uses; (9) allow a peace officer to use multiple forms of documentation to
determine an individual’s immigration status; (10) allow an officer to transport an undocumented
Town Council 94 of 106 Meeting Date: January 3, 2011
12
immigrant to a federal facility or into federal custody; (11) allow an officer to stop and detain a
driver if the officer has an objectively reasonable suspicion that the individual is involved in
violating state or city law; (12) allow an officer to arrest without warrant an individual who the
officer has probable cause to believe has committed an offense that would allow for removal
from the United States under federal law; (13) prohibit a city or other governmental entity from
giving economic development incentives to a business unless the business can prove that it uses
e-verify; (14) require a city as employer to use e-verify and retain the records of verification;
(15) prohibit a city as employer from employing or contracting with an undocumented
immigrant; (16) prohibit a city as employer from contracting with anyone who employs or
contracts with undocumented immigrants; (17) give the attorney general investigation and
enforcement authority regarding these provisions; (18) give the county attorney and county
courts the authorization to enforce these provisions against a city as employer; (19) allow a city
police department to assist in investigating a violation of these provisions; (20) prohibit
individuals from picking up individuals in their car to perform work at another site, if the car is
blocking traffic; (21) prohibit individuals from seeking work from a driver of a car if such
seeking blocks or impedes traffic; (22) prohibit undocumented immigrants from soliciting work;
and (23) require a peace officer to impound a motor vehicle for 30 days if that the officer has
probable cause to believe is being used to transport undocumented immigrants.
H.B. 297 (Berman) – Health Care: would: (1) declare the federal Patient Protection and
Affordable Care Act unconstitutional and unenforceable; and (2) make it a crime to enforce the
Act.
H.B. 301 (Berman) – Official Language: would: (1) establish English as the official language
for acts of government; (2) prevent the state or a political subdivision of the state from making a
policy that expresses a preference for any language other than English, subject to certain
exceptions; (3) require elected and appointed officers of the state or a political subdivision of the
state to take all reasonable steps to ensure the role of English as the official language is preserved
and enhanced; and (4) prohibit the legislature or the governing body of a political subdivision
from appropriating money to promote the use of or demonstrate a preference for any language
other than English, except as expressly provided. (Note: please see H.J.R. 38, below.)
H.B. 302 (Berman) – Immigration: would: (1) prohibit a city from adopting a policy under
which the city would not fully enforce state or federal laws, including laws relating to
immigration; (2) prohibit a city from restricting a person employed by or under the direction or
control of the city from: (a) sending information to or requesting information about the
immigration status of an individual to the United States Citizenship and Immigration Service or
United States Immigration and Customs Enforcement; (b) maintaining information about the
immigration status of an individual; (c) exchanging information about the immigration status of
an individual with another federal, state, or local government; (d) assisting or cooperating with a
federal immigration officer; or (e) permitting a federal immigration officer to enter and conduct
enforcement activities at a municipal jail; (3) penalize a city that violates (1) or (2), above, by
taking away state grant funds; (4) allow a citizen residing in a city that violates (1) or (2), above,
to file a petition in a district court to compel compliance with this law; and (5) make an elected
city official who violates (1) or (2), above, liable to the state for a civil penalty of $1,000-$5,000.
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H.B. 304 (Pena) – Elections: would provide that a person providing assistance to a voter: (1)
must be a registered voter of the county in which the election is being held; (2) shall provide
photo identification to an election officer at the polling place; (3) may not assist more than two
voters in a day, which includes early voting and voting by mail; and (4) is liable to the state for a
civil penalty up to $10,000 if the person assists more than two voters in a day.
H.B. 305 (Harless) – Burglary of a Vehicle: would make burglary of a vehicle a state jail
felony offense if it is shown at trial that the defendant was previously convicted of a burglary of
a vehicle offense or if it is shown the vehicle or part of the vehicle broken into or entered is a rail
car, otherwise an offense would be a Class A misdemeanor.
H.B. 307 (Menendez) – Housing: would require the Texas Department of Housing and
Community Affairs to administer a homeless housing and services program in each city with a
population of 285,500 or more to provide for the development of housing for homeless persons
and provide local programs to prevent homelessness.
H.B. 310 (T. King) – Water Supply Corporations: would create election procedures and
candidate eligibility requirements for directors of water and sewer supply corporations, including
a requirement for an independent election auditor.
H.B. 311 (Geren) – Immigration: would require a peace officer to: (1) inquire into the
immigration status of any arrestee; and (2) identify and report the individual to the federal
immigration authorities if the person is an undocumented immigrant.
H.B. 312 (Callegari) – Property Tax: would reduce the property tax appraisal cap on
homesteads from ten to five percent. (Companion bill is S.B. 129 by Patrick.) (Note: Please
see H.J.R. 39, below.)
H.B. 313 (Pickett) – 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. (This bill is identical to H.B. 95 by Fletcher.) (Note: please
see H.J.R. 40, below.)
H.B. 317 (Cook) – County Land Use Authority: would: (1) authorize the commissioners court
of a county, if authorized by an election in the county, to regulate, by order, land use in the
unincorporated area of the county by requiring a buffer zone between the land used for
residential and certain other uses; and (2) provide for an exemption for gas pipelines or drilling
or operating an oil or gas well.
H.B. 320 (Alonzo) – Law Enforcement: would: (1) authorize a city’s police department to
equip each vehicle used in a K-9 law enforcement program, except open-air vehicles, with a heat
alarm system that would activate when the vehicle stops running or the temperature in the
vehicle become dangerous to a police dog; (2) require the heat alarm system, when activated, to
have an audible alarm, to lower the vehicle’s rear windows, and to page the K-9 officer; and (3)
exempt a vehicle with a heat alarm system in place on September 11, 2011, from the
requirements in (2) above until January 1, 2013.
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H.B. 327 (Guillen) – Specialty License Plates: would provide for the issuance of specialty
license plates for municipal judges.
H.B. 331 (Guillen) – Municipal Court Fees: would authorize a city to: (1) create a municipal
court equal justice and education fund; (2) require a defendant convicted of a misdemeanor
offense to pay a $1 equal justice and education fee for deposit into the fund; and (3) use such
funds for various expenditures to be authorized by the municipal judge, including the
appointment of an attorney for an indigent defendant, the education of judges and personnel, or
the purchase of services, materials, or equipment for the court to provide equal justice.
H.B. 339 (Aycock) – Elections: would provide that a political subdivision with a population of
less than 1,500, other than a county, is exempt from certain electronic voting machine
requirements, provided reasonable accommodations are made for persons with disabilities. The
exemption would not apply during a joint election where a federal office appears on the ballot.
H.B. 340 (Gallego) – Net Electric Metering: would mandate that the Public Utility
Commission adopt rules and standards under which a retail electric provider, electric
cooperative, municipally-owned electric utility, or transmission and distribution utility shall offer
net metering service its customers. (Note: net metering allows a customer with in-home
renewable energy technology, such as solar panels or a wind turbine, to sell excess energy back
to the utility.)
H.B. 342 (Fletcher) – Police/Fire Civil Service: would amend Chapter 143 of the Local
Government Code to provide that: (1) if a civil service commission finds that a period of
disciplinary suspension should be reduced, the commission may order a reduction in the period
of suspension; and (2) if the commission or a hearing examiner orders that a suspended
firefighter or police officer be restored to the position or class of service from which the person
was suspended, the firefighter or police officer is entitled to immediate reinstatement to the
position or class of service from which the person was suspended, notwithstanding any action
filed in a court by the city or department head challenging the commission's decision.
H.B. 343 (Fletcher) – Law Enforcement: would: (1) provide that the record of a license holder
who is a peace officer, fire fighter, or emergency medical services employee of a city may not
include information relating to a traffic accident that occurs while the employee is driving an
official vehicle in the course and scope of the employee’s official duties if the traffic accident
results in damages to property of less than $1,000 or an investigation by a peace officer not
involved in the accident determines that the employee was not at fault (Current law provides that
the record may not include information relating to a traffic accident that occurs during an
emergency while the person is driving an official vehicle in the course and scope of official
duties.); and (2) require that an accident form prepared by the Texas Department of
Transportation: (a) include a way to designate and identify a peace officer, firefighter or
emergency medical services employee who is involved in an accident while driving a vehicle in
the performance of the employee’s duties; and (b) require a statement by the employee as to the
nature of the accident.
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H.B. 345 (Kleinschmidt) – Litigation: would expand the liability of a city in a contract dispute
by allowing parties prevailing against a city to be awarded interest on disputed payments.
H.B. 348 (Walle) – Police Training: would require a peace officer who is a school resource
officer to complete: (1) a twenty-hour education and training program developed by the Texas
Education Agency before being allowed to work as a school resource officer or school security
personnel; and (2) eight hours of continuing education developed by the Texas Education
Agency.
H.B. 350 (Walle) – Juvenile Defendants: would authorize a justice to discharge all or part of
the fine or costs assessed against a juvenile defendant for a class C misdemeanor committed at a
primary or secondary school at which the defendant was enrolled by performing community
service or attending a tutoring program.
H.B. 360 (Jackson) – Elections: would require that a ballot proposition allowing voters to
approve a tax or the issuance of bonds must: (1) state the total dollar amount of bonds that will
be issued or the amount of the tax or tax increase; and (2) describe any projects to be supported
by the bonds.
H.B. 363 (S. Turner) – Urban Renewal: would, among other things, provide that abnormally
high rates of crime are an additional criteria that defines a “blighted area” under the current
urban renewal law.
H.B. 364 (S. Turner) – Urban Renewal: would permit eminent domain for the elimination of
urban blight even in cases where economic development is a secondary purpose of the eminent
domain.
H.B. 369 (Hochberg) – Elections: would require the secretary of state to create a process to
verify a voter registration application if a minor correction to the applicant’s last name or date of
birth would lead a reasonable person to conclude that the submitted application corresponds with
the applicant.
H.B. 378 (Guillen) – Tow Trucks: would require a driver to reduce his speed or vacate the lane
next to a stationary tow truck when its lights are flashing.
H.B. 379 (Guillen) – Sales Tax: would change the date of the sales tax holiday to the Friday
before the eighth day preceding the earliest date on which a school district may begin instruction
for the school year.
H.B. 382 (Menendez) – Poker: would: (1) legalize poker in Texas; (2) tax poker proceeds
received by businesses; and (3) provide that part of the proceeds of the state tax on poker would
be used for city projects to help the homeless.
H.B. 387 (S. Turner) – Employee Leave: would require a city to: (1) grant up to ten hours of
unpaid leave to an employee who has worked for the city for at least a year for purposes of
meeting with school officials; (2) grant paid leave if the employee has accrued vacation,
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compensatory, personal, or other appropriate leave; and (3) post notice of employees’ rights
under this law.
H.B. 395 (V. Gonzales) – Municipal Court Security Fee: would increase the cap for the
municipal court security fee from $3 to $8.
H.B. 401 (T. Smith) – Voter Identification: would make various changes to the documentation
required to vote. Specifically, the bill would provide that:
1. On offering to vote, a voter must present one form of identification listed in the bill,
including: (a) a driver’s license or personal identification card issued to the person by the
Department of Public Safety that has not expired or that expired no earlier than one year
before the date of presentation; (b) a United States military identification card that
contains the person’s photograph; (c) a United States citizenship certificate issued to the
person that contains the person’s photograph; (d) a United States passport issued to the
person; (e) a license to carry a concealed handgun issued to the person by the Department
of Public Safety that contains the person’s photograph; (f) a student identification card
issued by a public or private institution of higher education that contains the person’s
photograph; (g) a valid identification card that contains the person’s photograph and is
issued by an agency or institution of the federal government or an agency, institution, or
political subdivision of this state; or a tribal organization; or (h) a Texas voter
identification card issued under the bill.
2. Each voter registrar shall: (a) issue Texas voter identification cards to registered voters to
be used only for the purpose of meeting the identification requirements to vote; (b)
provide at least one place in the county to accept applications for and issue Texas voter
identification cards; and (c) not charge an application fee or a fee for the issuance of a
Texas voter identification card.
3. A person who has a valid driver’s license or personal identification card issued to the
person by the Department of Public Safety is not eligible for a Texas voter identification
card.
4. The Texas voter identification card issued to a person must: (a) be captioned “TEXAS
VOTER IDENTIFICATION CARD”; (b) contain a prominent statement that under
Texas law the card is valid only as identification for voting purposes; (c) be laminated;
(d) contain a digital color photograph of the person; and (e) include the following
information relating to the person: (A) full legal name; (B) residence address; (C) birth
date; (D) date the identification card was issued; (E) sex;
(F) height; (G) weight; (H) eye color; (I) the county where the identification card
was issued, including a county number to be assigned for each county by the secretary
of state; and (J) any other information or identification as required by rule of the
secretary of state.
5. The application for a Texas voter identification card must be signed and sworn to by the
applicant.
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6. The following information must be presented to, and verified by, the voter registrar
before the voter registrar issues a Texas voter identification card to a person: (a) a photo
identification document, or an identification document that includes both the person's full
legal name and date of birth; (b) documentation showing the person’s date of
birth; (c) evidence that the person is registered to vote in this state; and
(d) documentation showing the person's name and address of principal residence.
7. A Texas voter identification card remains valid if the person to whom it was issued
resides at the same address and remains qualified to vote.
8. A person who changes residence within the state must surrender the card to the voter
registrar of the new county of residence and may apply for and receive a Texas
voter identification card issued by the new county of residence if the person is otherwise
eligible under this section.
9. The secretary of state shall provide each voter registrar with the necessary equipment,
forms, supplies, and training for the production of the Texas voter identification cards
and shall maintain the equipment and adopt rules for the administration of the bill.
10. On presentation of the documentation required by section (1), above: (a) an election
officer shall determine whether the voter’s name on the documentation is on the list of
registered voters for the precinct; (b) if the voter’s name is on the precinct list of
registered voters and the voter’s identity can be verified from the documentation
presented, the voter shall be accepted for voting; and (c) after determining whether to
accept a voter, an election officer shall return the voter's documentation to the voter.
11. A voter shall be accepted for provisional voting only if the requirement for identification
is not met.
12. A voter who is accepted for provisional voting because the voter does not present proof
of identification may, not later than the seventh business day after the date of the election,
present proof of identification to the voter registrar for examination by the early voting
ballot board.
13. The Texas Department of Public Safety may not collect a fee for a personal identification
certificate issued to a person who executes an affidavit stating that the person is obtaining
the personal identification certificate for the purpose of satisfying the voter identification
requirements in the Election Code and does not have another form of identification
acceptable under the Election Code if the person is a registered voter in this state and
presents a valid voter registration certificate or submits a registration application to the
department.
H.B. 405 (Quintanilla) – Tire Disposal: would: (1) enact provisions relating to the
registration, storage, transportation, and disposal of scrap tires; (2) require a seller of new or used
tires to collect certain fees upon the sale of tires; (3) mandate that the Texas Commission on
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Environmental Quality adopt application forms and procedures for the processes authorized
under the bill; and (4) provide that a political subdivision shall notify the commission when the
political subdivision becomes aware of used or scrap tires disposed of at a location where the
disposal is not authorized by permit.
H.B. 406 (Quintanilla) – Alcohol: would: (1) authorize a city council to enact regulations
prohibiting the possession or consumption of alcohol at a location that was previously licensed or
permitted to sell alcohol for on-premises consumption if the council determines the license or
permit was canceled or not renewed because of ongoing criminal activity on the premises that
threatened the public health, safety, or welfare; and (2) authorize a county commissioners court
to do the same as described in (1), above, in areas in the county outside of an incorporated city.
H.B. 408 (Walle) – Juvenile Case Managers: would create new ethics and training
requirements for juvenile case managers in municipal court, similar to those for juvenile
probation officers.
H.B. 409 (Walle) – Juvenile Case Managers: would: (1) require the judge of a municipal court
that has a juvenile case manager to either directly supervise the case manager or delegate the
duty to another officer of the court who is authorized to conduct hearings under the Family Code,
and (2) prohibit the judge from delegating the duty of supervising a juvenile case manager to the
clerk of the court. (This bill is the same as S.B. 209 by Zaffirini.)
H.B. 416 (Anchia) – Elections: would: (1) extend the time in which the early voting ballot board
shall verify and count provisional ballots from within seven days after election day to within ten
days after election day; (2) extend the time frame in which a local canvass must occur for a May
election from no later than the eleventh day after election day to no later than the fourteenth day
after election day; and (3) provide that an election officer serving at an early voting polling
place is a deputy voter registrar and shall accept a voter who submits a voter registration
application and photo identification at polling place, but specifies that an this requirement does
not apply to an authority holding an election that does not include a statewide or federal election.
H.J.R. 38 (Berman) – Official Language: would amend the Texas Constitution to: (1)
establish English as the official language for acts of government; (2) prevent the state or a
political subdivision of the state from making a policy that expresses a preference for any
language other than English, subject to certain exceptions; (3) require elected and appointed
officers of the state or a political subdivision of the state to take all reasonable steps to ensure the
role of English as the official language is preserved and enhanced; and (4) prohibit the legislature
or the governing body of a political subdivision from appropriating money to promote the use of
or demonstrate a preference for any language other than English, except as expressly provided.
(Note: please see H.B. 301, above.)
H.J.R. 39 (Callegari) – Property Tax: would amend the Texas Constitution to authorize the
legislature to reduce the property tax appraisal cap on homesteads from ten to five percent.
(Note: please see H.B. 312, above.)
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H.J.R. 40 (Pickett) – 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 H.B. 313, above.)
H.J.R. 41 (Raymond) – Eight Liners: would propose a constitutional amendment giving the
legislature the authority to: (1) allow a local option election by a city, county, or justice precinct
on whether to allow eight liners; (2) impose a fee on eight liners; and (3) allow a city or other
political subdivision to impose a fee on eight liners.
S.B. 142 (West) – Property Owners’ Associations: would limit the authority of property
owners’ associations in various ways and make the associations subject to limited open
government provisions.
S.B. 204 (Zaffirini) – Mandatory Health Benefits: would require that certain health benefit
plans, including those offered by a governmental risk pool, provide coverage for devices that
facilitate insulin therapy and enhance glucose control.
S.B. 209 (Zaffirini) – Juvenile Case Managers: would: (1) require the judge of a municipal
court that has a juvenile case manager to either directly supervise the case manager or delegate
the duty to another officer of the court who is authorized to conduct hearings under the Family
Code; and (2) prohibit the judge from delegating the duty of supervising a juvenile case manager
to the clerk of the court.
S.B. 211 (Ellis) – Elections: would: (1) provide that an election officer serving an early voting
polling place is a deputy voter registrar and has the same authority as a regular deputy registrar;
(2) allow for the registration of eligible voters during early voting upon the submission of certain
documentation; and (3) prescribe registration procedures that must be followed by the voter
registrar.
S.B. 212 (Ellis) – Elections: would provide that: (1) an election officer commits a state jail
felony if the officer removes the name of an eligible voter from the list of registered voters or
otherwise prevents an eligible person from voting; (2) an individual commits a class B
misdemeanor if the individual knowingly deceives another person regarding the time, place, or
manner of conducting an election or qualifications governing voter eligibility for an election in
the state; (3) a person may report a suspected violation to the secretary of state; (4) the secretary
of state must notify the attorney general of a violation if the secretary determines there is
reasonable cause to suspect that an offense was committed; (5) the attorney general or a person
harmed by a violation under this section may bring a civil action seeking a permanent or
temporary injunction, restraining order, or other appropriate order; and (6) the secretary of state
must submit all reported violations of this section to the legislature each year.
S.B. 213 (Ellis) – Elections: would: (1) require that two voter registrars be present at each
polling place while the polls are open; and (2) provide that a person who would be eligible to
vote in an election, but for the requirement to be a registered voter, shall be accepted for voting
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in the precinct of the person's residence if on the day the person wishes to vote the person
submits a voter registration application and presents proof of identification.
S.B. 214 (Ellis) – Elections: would provide that: (1) with the exception of a person who is
certified for participation in the address confidentiality program administered by the attorney
general that does not submit a registration application by personal delivery, any qualified person
who will be absent from his/her county on election day is eligible for early voting by mail; and
(2) a person who is in jail on a misdemeanor charge is eligible for early voting by mail in certain
circumstances.
S.B. 231 (Nelson) – Intoxication Offenses: would require, with some exceptions, a court to
order the Texas Department of Safety to permanently revoke the driver's license of a person
convicted of certain intoxication offenses.
S.B. 241 (Ellis) – Mandatory Health Benefits: would generally require health benefit plans to
provide coverage for HIV tests.
S.B. 244 (Patrick) – Peace Officer Training: would allow the Bill Blackwood Law
Enforcement Institute of Texas (LEMIT) to establish and offer a continuing education program
for second-in-command staff that would exempt the second in command staff from the
continuing education standards in the Occupations Code.
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.
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