Agenda Packet TC 10/07/2013Town Council
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom6:30 PMMonday, October 7, 2013
CALL TO ORDER AND ANNOUNCE A QUORUM
WORKSHOP SESSION
1.2013-617-T Discussion of agenda items posted for consideration on the Regular Session Council
Agenda for October 7, 2013.
2.2013-616-T Discussion of proposed agenda items for the October 21, 2013 Regular Session
Agenda.
October 21 proposed agenda.pdfAttachments:
CONVENE INTO REGULAR SESSION - ESTIMATED START TIME - 7:00 P.M.
INVOCATION
PLEDGES
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
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.
Town Council Page 1 of 112 Meeting Date: Monday, October 7, 2013
October 7, 2013Town Council Meeting Agenda
3.2013-619-T Consider and take appropriate action regarding an interlocal agreement between the
Town and Tarrant County for administration of the Town's November 5, 2013 Special
Election; authorizing the payment of fees, and authorizing the Mayor or her designee to
execute all necessary documents.
Tarrant County Election signature_page.pdf
Tarrant County Nov2013_joint_contract_FINAL.pdf
Attachments:
4.2013-632-T Consider and take appropriate action regarding an interlocal agreement between the
Town and Denton County for administration of the Town's November 5, 2013 Special
Election; authorizing the payment of fees, and authorizing the Mayor or her designee to
execute all necessary documents.
Denton County Joint Contract 11 5 2013 final draft.pdf
Denton County Contract Worksheet Trophy Club 11.5.2013.pdf
Denton County Election signature_page.pdf
Attachments:
5.2013-621-T Consider and take appropriate action regarding an Ordinance amending Ordinance No.
2013-19 establishing the Trophy Club Animal Shelter Advisory Board and adding Article
II, "Animal Shelter Advisory Board" to Chapter 2, "Animal Control" of the Code of
Ordinances of the Town for the purpose of adding one (1) additional seat on the Board
to be filled by a resident of the Town; providing that the Board shall consist of six
members; and providing an effective date.
Ord No 2013-37 Amending Animal Shelter Advisory Board Ord No 2013-19.pdfAttachments:
6.2013-622-T Consider and take appropriate action regarding an Interlocal Agreement between the
Town and the City of Roanoke extending library services within the City of Roanoke to
the residents of Trophy Club for the 2013-2014 fiscal year; and authorizing the Mayor to
execute all necessary documents.
Roanoke - Interlocal Agreement - Trophy Club - Library Services 2013-2014.pdf
Library Statistics staff report.pdf
Attachments:
7.2013-623-T Consider and take appropriate action regarding an Ordinance amending Section
14.04(A), "Designation of Records Management Officer", of Article XIV, "Records
Management" of Chapter 1, "Administration" of the Code of Ordinances of the Town,
designating the Office of Town Secretary and successive holders and designees of that
office as the Records Management Officer for the Town; and providing for an effective
date.
ORD 2013-36 amending Chapter 1 Article XIV RMO.pdfAttachments:
REGULAR SESSION
8.2013-620-T Recognition of the Byron Nelson High School Solar Car Team for earning a top honor
as 2013 Solar Car Challenge Classic Division National Champions. Live solar car
demonstration scheduled at 7:00 p.m. in the Svore Municipal Building parking lot.
solar car staff report.pdfAttachments:
Town Council Page 2 of 112 Meeting Date: Monday, October 7, 2013
October 7, 2013Town Council Meeting Agenda
9.2013-624-T Presentation of Town facilities feasibility study and analysis conducted by GSBS
Architects, including recommendations; Council to discuss and take appropriate action
regarding same.
10.2013-613-T Consider and take appropriate action regarding an Ordinance of the Town of Trophy
Club Texas approving a negotiated resolution between Atmos Cities Steering
Committee and Atmos Energy Corp., Mid-Tex Division, regarding the annual 2013 Rate
Review Mechanism; adopting tariffs that reflect rate adjustments for natural gas
consistent with the negotiated settlement; providing a most favored nations clause; and
providing an effective date.
ORD 2013-38 RRM Settlement.pdf
Attachment A - Atmos Mid-Tex Tariffs effective November 1, 2013.PDF
Staff Report for Atmos Ordinance (natural gas RRM).pdf
2013.09.17 Memo to ACSC with complete Settlement package.PDF
2013.09.17 Model Staff Report (RRM Ordinance).pdf
Attachments:
11.2013-615-T Consider and take appropriate action regarding the appointment of a committee of
Council Members for legislative office interactions.
12.2013-618-T Consider and take appropriate action regarding a Resolution amending
Resolution No. 2013-11 appointing residents to serve as Directors of the
Trophy Club Crime Control and Prevention District (“TCCCPD”) in order to
appoint a resident to a vacant seat for the remainder of an unexpired term and
to designate expiration dates for the terms of office of each of the Directors;
and providing an effective date.
Mark Chapman CCPD Application.pdf
Patrick Arata CCPD Application.pdf
Scott Spooner CCPD Application.pdf
ccpd vacancy appt staff report.pdf
Res 2013-28 amending Resolution No 2013-11 Appointing Permanent Board of Directors CCPD.pdf
Attachments:
13.2013-625-T Consider and take appropriate action regarding a letter to the Town from the Trophy
Club Municipal Utility District No. 1 regarding the MUD 1 Wastewater Treatment Plant
Improvement Project and the request of MUD 1 for a long term water and wastewater
agreement with the Town, the Town proposed strategic partnership agreement, and
related matters.
Letter from MUD 1 RE WW Treatment Plan Improvement Project.pdfAttachments:
14.2013-627-T Town Council Liaison Updates; discussion of same:
Town Council Page 3 of 112 Meeting Date: Monday, October 7, 2013
October 7, 2013Town Council Meeting Agenda
15.2013-626-T Town Manager Slye's update regarding the following; discussion of the same.
- Election Update
- Transportation update HWY 114/170
- TML 101st Annual Conference Tuesday, October 8, 2013 through Friday, October 11,
2013
- Tom Thumb Fuel Station update
- TCWC Garage Sale 10/19/2013
- Park Board Meeting (Tree Mitigation Appeal) 10/8/2013
- Parks and Recreation Activity Update
- Future Town Council Meeting Dates
16.2013-628-T Mayor and Council Updates regarding training opportunities, educational sessions, and
regional meetings; discussion of same.
- Chamber Meeting
- Mayor's Roundtable
- TML Region 8
- MUD 1 Open House
17.2013-629-T Items for Future Agendas.
Future Agenda Item List.pdfAttachments:
EXECUTIVE SESSION
18.2013-630-T Pursuant to the following designated sections of the Texas Government Code,
Annotated, Chapter 551 (the Texas Open Meetings Act), the Council will convene into
closed executive session to discuss the following:
(A) Texas Government Code Section 551.071(2). Consultation with Attorney on a
matter in which the duty of the attorney to the Governmental Body under the
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with
the Open Meetings Act:
Water and wastewater services for PID; CCN; alternative services for the PID;
legislative processes and actions; terms of representation; terms of interlocal
agreement for provision of water and wastewater services; Town assets and related
matters.
RECONVENE INTO REGULAR SESSION
19.2013-631-T Consider and take appropriate action regarding Executive Session .
ADJOURN
* The Town Council may convene into executive session to discuss posted items as
allowed by the Texas Open Meeting Act, LGC.551.071
Town Council Page 4 of 112 Meeting Date: Monday, October 7, 2013
October 7, 2013Town 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 October 4, 2013 by 5:00 P.M. in
accordance with Chapter 551, Texas Government Code.
Tammy Ard
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
______________________, 2013.
________________________________, Title: ___________________________
Town Council Page 5 of 112 Meeting Date: Monday, October 7, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-617-T Name:
Status:Type:Agenda Item Workshop
File created:In control:10/2/2013 Town Council
On agenda:Final action:10/7/2013
Title:Discussion of agenda items posted for consideration on the Regular Session Council Agenda for
October 7, 2013.
Attachments:
Action ByDate Action ResultVer.
Discussion of agenda items posted for consideration on the Regular Session Council Agenda for October 7, 2013.
Town Council Page 6 of 112 Meeting Date: Monday, October 7, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-616-T Name:
Status:Type:Agenda Item Workshop
File created:In control:10/2/2013 Town Council
On agenda:Final action:10/7/2013
Title:Discussion of proposed agenda items for the October 21, 2013 Regular Session Agenda.
Attachments:October 21 proposed agenda.pdf
Action ByDate Action ResultVer.
Discussion of proposed agenda items for the October 21, 2013 Regular Session Agenda.
Town Council Page 7 of 112 Meeting Date: Monday, October 7, 2013
Last Updated 10/4/2013 at 1:57 PM 1 of 2
Meeting Date 10/21/2013 Item File ID Dept
Workshop
Workshop tournament fees Parks
Discussion of agenda items posted for consideration on the Regular Session
Council Agenda for October 21, 2013.
Town Sec
Discussion of proposed agenda items for the November 4, 2013 Regular
Session Agenda.
Town Sec
Commissioner Gary Fickes to present information on Tarrant County projects
in the area.
Consent
Consider and take appropriate action regarding the Minutes dated October 7,
2013.
Town Sec
Consider and take appropriate action regarding the Minutes dated
September 23, 2013.
Town Sec
Consider and take appropriate action regarding Preliminary Plat approval for
an approximate 10.430 acre tract of land situated in the J. Michael Survey,
Abstract No. 821, to be known as the Villas of Hogan’s Glen, Phase II.
Applicant: Jason Wight, Jones & Carter, Inc. on behalf of Midtown
Development, Inc.
CD
Public Hearing Public Hearing regarding a request to Amend Ordinance No. 99-17 P&Z,
Planned Development No. 21 (PD-21), to allow as a permitted use a retail
store for the sale of electronic cigarette supplies. Applicant: Trophy Vapor,
Inc.
CD
Regular Session
Consider and take appropriate action to Approve Ordinance No. 2013-XX P&Z
to Amend Planned Development No. 21 (PD-21) Ordinance No. 99-17 P&Z to
allow as a permitted use a retail store for the sale of electronic cigarette
supplies. Applicant: Trophy Vapor, Inc.
CD
Consider and take appropriate action regarding Final Plat approval for an
approximate 10.430 acre tract of land situated in the J. Michael Survey,
Abstract No. 821, to be known as the Villas of Hogan’s Glen, Phase II.
Applicant: Jason Wight, Jones & Carter, Inc. on behalf of Midtown
Development, Inc. A. Subdividers Agreement - Consider and take
appropriate action regarding a Subdivider's Agreement between the Town
and Midtown Development, Inc. for Villas of Hogan’s Glen, Phase II; and
authorizing the Mayor or her designee to execute all necessary documents.
CD
Consider and take appropriate action regarding a new logo for the Town of
Trophy Club; discussion of same.
PIO
Deferred Depostion Fee
AMEND Animal Control Ordinance - remove registration requirement and
include a requirement for all pets to have owner contact info, i.e.,
name/phone #
Town Sec
Consider and take apropriate action regarding a Resolution appointing Town
Council Laison and residents to serve on CFAB & Ethics annual Board and
Commissions; and providing and effective date.
Town Sec
Consider and take appropriate action regarding financial and variance report
dated September 2013.
Finance
Town Council Liaison Updates; discussion of same:
Scheduled by meetings
Town Sec
Town Council Page 8 of 112 Meeting Date: Monday, October 7, 2013
Last Updated 10/4/2013 at 1:57 PM 2 of 2
Town Manager Slye's update regarding the following; discussion of same.Town Sec
Mayor and Council Updates regarding training opportunities, educational
sessions, and regional meetings; discussion of same.
Town Sec
Items for Future Agendas.Town Sec
Executive Session
Consider and take appropriate action regarding the Executive Session.Town Sec
Town Council Page 9 of 112 Meeting Date: Monday, October 7, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-619-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:10/2/2013 Town Council
On agenda:Final action:10/7/2013
Title:Consider and take appropriate action regarding an interlocal agreement between the Town and
Tarrant County for administration of the Town's November 5, 2013 Special Election; authorizing the
payment of fees, and authorizing the Mayor or her designee to execute all necessary documents.
Attachments:Tarrant County Election signature_page.pdf
Tarrant County Nov2013_joint_contract_FINAL.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding an interlocal agreement between the Town and Tarrant County for
administration of the Town's November 5, 2013 Special Election; authorizing the payment of fees, and authorizing the
Mayor or her designee to execute all necessary documents.
Town Council Page 10 of 112 Meeting Date: Monday, October 7, 2013
Page 9 of 9
XVII. JOINT CONTRACT ACCEPTANCE AND APPROVAL
IN TESTIMONY HEREOF, this agreement has been executed on behalf of the parties hereto as follows, to-wit:
(1) It has on the _______ day of _______________, 2013 been executed by the Tarrant County Elections
Administrator pursuant to the Texas Election Code so authorizing;
(2) It has on the _______ day of _______________, 2013 been executed on behalf of the Town of Trophy
Club pursuant to an action of the Town of Trophy Club so authorizing;
ACCEPTED AND AGREED TO BY THE TARRANT COUNTY ELECTIONS ADMINISTRATOR:
APPROVED:
___________________________________________
STEVE RABORN
ACCEPTED AND AGREED TO BY THE TOWN OF TROPHY CLUB:
APPROVED: ATTEST:
___________________________________________ __________________________________________
Connie White, Mayor Tammy Ard, Town Secretary
Town Council Page 11 of 112 Meeting Date: Monday, October 7, 2013
Page 1 of 9
THE STATE OF TEXAS
COUNTY OF TARRANT
JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES
THIS CONTRACT for election services is made by and between the Tarrant County Elections Administrator and
the following political subdivisions located entirely or partially inside the boundaries of Tarrant County:
City of Arlington
City of Bedford
City of Crowley
Town of Flower Mound
City of Grand Prairie
City of Haltom City
City of Keller
City of Richland Hills
City of Sansom Park
Town of Trophy Club
City of White Settlement
Azle Independent School District
Fort Worth Independent School District
Lake Worth Independent School District
Lewisville Independent School District
Benbrook Water Authority
This contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 and Texas Education Code
Section 11.0581 for a joint November 5, 2013 election to be administered by Steve Raborn, Tarrant County Elections
Administrator, hereinafter referred to as “Elections Administrator.”
RECITALS
Each participating authority listed above plans to hold a general and/or special election on November 5, 2013.
Tarrant County plans to hold a special election county-wide for the purpose of voting on proposed constitutional
amendments on November 5, 2013.
The County owns an electronic voting system, the Hart InterCivic eSlate/eScan Voting System (Version 6.2.1),
which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and
is compliant with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section
61.012. The contracting political subdivisions desire to use the County’s electronic voting system and to compensate the
County for such use and to share in certain other expenses connected with joint elections in accordance with the
applicable provisions of Chapters 31 and 271 of the Texas Election Code, as amended.
NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS
AGREED as follows:
I. ADMINISTRATION
The parties agree to hold a “Joint Election” with Tarrant County and each other in accordance with Chapter 271 of
the Texas Election Code and this agreement. The Tarrant County Elections Administrator shall coordinate, supervise,
and handle all aspects of administering the Joint Election as provided in this agreement. Each participating authority
agrees to pay the Tarrant County Elections Administrator for equipment, supplies, services, and administrative costs as
provided in this agreement. The Tarrant County Elections Administrator shall serve as the administrator for the Joint
Election; however, each participating authority shall remain responsible for the decisions and actions of its officers
necessary for the lawful conduct of its election. The Elections Administrator shall provide advisory services in connection
with decisions to be made and actions to be taken by the officers of each participating authority as necessary.
It is understood that other political subdivisions may wish to participate in the use of the County’s electronic
voting system and polling places, and it is agreed that the Elections Administrator may enter into other contracts for
Town Council Page 12 of 112 Meeting Date: Monday, October 7, 2013
Page 2 of 9
election services for those purposes on terms and conditions generally similar to those set forth in this contract. In such
cases, costs shall be pro-rated among the participants according to Section XI of this contract.
At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The
participating parties shall share a mutual ballot in those polling places where jurisdictions overlap. However, in no
instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the
voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not
overlap.
II. LEGAL DOCUMENTS
Each participating authority shall be responsible for the preparation, adoption, and publication of all required
election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or the
participating authority’s governing body, charter, or ordinances, except that the Elections Administrator shall be
responsible for the preparation and publication of all voting system testing notices that are required by the Texas Election
Code.
Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each
participating authority, including translation to languages other than English. Each participating authority shall provide a
copy of their respective election orders and notices to the Tarrant County Elections Administrator.
It is understood by all parties that there will be no preclearance submission to the United States Department of
Justice made by the Elections Administrator related to the joint election.
III. VOTING LOCATIONS
The Elections Administrator shall select and arrange for the use of and payment for all election day voting
locations. Voting locations will be, whenever possible, the usual voting location for each election precinct in elections
conducted by the county, and shall be compliant with the accessibility requirements established by Election Code Section
43.034 and the Americans with Disabilities Act (ADA). The proposed voting locations are listed in Attachment A of this
agreement. In the event that a voting location is not available or appropriate, the Elections Administrator will arrange for
use of an alternate location with the approval of the affected participating authorities. The Elections Administrator shall
notify the participating authorities of any changes from the locations listed in Attachment A.
If polling places for the November 5, 2013 joint election are different from the polling place(s) used by a
participating authority in its most recent election, the authority agrees to post a notice no later than November 4, 2013 at
the entrance to any previous polling places in the jurisdiction stating that the polling location has changed and stating the
political subdivision’s polling place names and addresses in effect for the November 5, 2013 election. This notice shall be
written in both the English and Spanish languages.
IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL
Tarrant County shall be responsible for the appointment of the presiding judge and alternate judge for each
polling location. The Elections Administrator shall make emergency appointments of election officials if necessary.
Upon request by the Elections Administrator, each participating authority agrees to assist in recruiting polling
place officials who are bilingual (fluent in both English and Spanish). In compliance with the Federal Voting Rights Act of
1965, as amended, each polling place containing more than 5% Hispanic population as determined by the 2010 Census
shall have one or more election official who is fluent in both the English and Spanish languages. If a presiding judge is
not bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend a bilingual worker for
the polling place. If the Elections Administrator is unable to recommend or recruit a bilingual worker, the participating
Town Council Page 13 of 112 Meeting Date: Monday, October 7, 2013
Page 3 of 9
authority or authorities served by that polling place shall be responsible for recruiting a bilingual worker for translation
services at that polling place.
The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of
Chapter 32 of the Texas Election Code, and will take the necessary steps to ensure that all election judges appointed for
the Joint Election are eligible to serve.
The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The
Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election
supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying him of his
appointment, the time and location of training and distribution of election supplies, and the number of election clerks that
the presiding judge may appoint.
Each election judge and clerk will receive compensation at the hourly rate established by Tarrant County pursuant
to Texas Election Code Section 32.091. The election judge will receive an additional sum of $25.00 for picking up the
election supplies prior to election day and for returning the supplies and equipment to the central counting station after the
polls close.
Election judges and clerks who attend voting equipment training and/or procedures training shall be compensated
at the same hourly rate that they are to be paid on election day.
The Elections Administrator may employ other personnel necessary for the proper administration of the election,
including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies during
early voting and on election day, and for the efficient tabulation of ballots at the central counting station. Part-time
personnel working as members of the Early Voting Ballot Board and/or central counting station on election night will be
compensated at the hourly rate set by Tarrant County in accordance with Election Code Sections 87.005, 127.004, and
127.006.
V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT
The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited
to, official ballots, sample ballots, voter registration lists, and all forms, signs, maps and other materials used by the
election judges at the voting locations. The Elections Administrator shall ensure availability of tables and chairs at each
polling place and shall procure rented tables and chairs for those polling places that do not have tables and/or chairs.
At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The
participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance
shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is
ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap.
The Elections Administrator shall provide the necessary voter registration information, maps, instructions, and other
information needed to enable the election judges in the voting locations that have more than one ballot style to conduct a
proper election.
Each participating authority shall furnish the Elections Administrator a list of candidates and/or propositions
showing the order and the exact manner in which the candidate names and/or proposition(s) are to appear on the official
ballot (including titles and text in each language in which the authority’s ballot is to be pr inted). Each participating
authority shall be responsible for proofreading and approving the ballot insofar as it pertains to that authority’s candidates
and/or propositions.
Early Voting by Personal Appearance shall be conducted exclusively on Tarrant County’s eSlate electronic voting
system. On election day, voters shall have a choice between voting on the eSlate electronic voting system or by a paper
ballot that is scanned at the polling place using Tarrant County’s eScan voting system. Provisional ballots cast on election
day will be cast only on the eSlate electronic voting system to prevent the possibility of paper provisional ballots from
being immediately counted via the eScan ballot scanner.
Town Council Page 14 of 112 Meeting Date: Monday, October 7, 2013
Page 4 of 9
The number of paper ballots printed for election day voting shall be, at a minimum, equal to the same election day
turnout as in the last comparable election plus 25 percent of that number, with the final number of ballots ordered per
polling place or precinct adjusted upward to end in a number divisible by 50.
The Elections Administrator shall be responsible for the preparation, testing, and delivery of the voting equipment
for the election as required by the Election Code.
The Elections Administrator shall conduct criminal background checks on relevant employees upon hiring as
required by Election Code Section 129.051(g).
VI. EARLY VOTING
The participating authorities agree to conduct joint early voting and to appoint the Election Administrator as the
Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Each participating
authority agrees to appoint the Elections Administrator’s permanent county employees as deputy early voting clerks. The
participating authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to
assist in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be
compensated at an hourly rate set by Tarrant County pursuant to Section 83.052 of the Texas Election Code. Deputy
early voting clerks who are permanent employees of the Tarrant County Elections Administrator or any participating
authority shall serve in that capacity without additional compensation.
Early Voting by personal appearance will be held at the locations, dates, and times listed in Attachment “B” of this
document. Any qualified voter of the Joint Election may vote early by personal appearance at any of the joint early voting
locations.
As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by
mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted
by mail received by the participating authorities shall be forwarded immediately by fax or courier to the Elections
Administrator for processing.
The Elections Administrator shall post on the county website each participating authority’s early voting report on a
daily basis and a cumulative final early voting report following the close of early voting. In accordance with Section
87.121(g) of the Election Code, the daily reports showing the previous day’s early voting activity will be posted to the
county website no later than 8:00 AM each business day.
VII. EARLY VOTING BALLOT BOARD
Tarrant County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Joint
Election. The Presiding Judge, with the assistance of the Elections Administrator, shall appoint two or more additional
members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to
efficiently process the early voting ballots.
VIII. CENTRAL COUNTING STATION AND ELECTION RET URNS
The Elections Administrator shall be responsible for establishing and operating the central and remote counting
stations to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this
agreement.
The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 of the Texas
Election Code, appoint the following central counting station officials:
Town Council Page 15 of 112 Meeting Date: Monday, October 7, 2013
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Counting Station Manager: Steve Raborn, Tarrant County Elections Administrator
Tabulation Supervisor: Stephen Vickers, Assistant Elections Administrator
Presiding Judge: George Keyes
Alternate Judge: Emma Allen
The counting station manager or his representative shall deliver timely cumulative reports of the election results
as precincts report to the central and remote counting stations and are tabulated. The manager shall be responsible for
releasing unofficial cumulative totals and precinct returns from the election to the joint participants, candidates, press, and
general public by distribution of hard copies at the central counting station and by posting to the Tarrant County web site.
To ensure the accuracy of reported election returns, results printed on the tapes produced by Tarrant County’s voting
equipment will not be released to the participating authorities at the remote collection sites or by phone from individual
polling locations.
The Elections Administrator will prepare the unofficial canvass reports that are necessary for compliance with
Election Code Section 67.004 after all precincts have been counted, and will deliver a copy of these unofficial canvass
reports to each participating authority as soon as possible after all returns have been tabulated. Each participating
authority shall be responsible for the official canvass of its respective election(s).
The Elections Administrator will prepare the electronic precinct-by-precinct results reports for uploading to the
Secretary of State as required by Section 67.017 of the Election Code. The Elections Administrator agrees to upload
these reports for each participating authority unless requested otherwise.
The Elections Administrator shall be responsible for conducting the post-election manual recount required by
Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies
of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State’s Office.
IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE TARRANT COUNTY
The Elections Administrator shall administer only the Tarrant County portion of the election held by the City of
Crowley, Town of Flower Mound, City of Grand Prairie, Town of Trophy Club, Azle ISD, and Lewisville ISD.
X. RUNOFF ELECTIONS
Each participating authority shall have the option of extending the terms of this agreement through its runoff
election, if applicable. In the event of such runoff election, the terms of this agreement shall automatically extend unless
the participating authority notifies the Elections Administrator in writing within 3 business days of the original election.
Each participating authority shall reserve the right to reduce the number of early voting locations and/or election
day voting locations in a runoff election.
Each participating authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the
November 5, 2013 election and to conduct its drawing for ballot positions at or immediately following such meeting in
order to expedite preparations for its runoff election.
Each participating authority eligible to hold runoff elections agrees that the date of the runoff election, if
necessary, shall be December 10, 2013 with early voting held November 25, 2013 through December 6, 2013.
XI. ELECTION EXPENSES AND ALLOCATION OF COSTS
The participating authorities agree to share the costs of administering the Joint Election. Allocation of costs,
unless specifically stated otherwise, is mutually agreed to be shared according to a formula which is based on the
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average cost per election day polling place (unit cost) as determined by adding together the overall expenses and dividing
the expenses equally among the total number of polling places. Costs for polling places shared by more than one
participating authority shall be pro-rated equally among the participants utilizing that polling place.
It is agreed that charges for election day judges and clerks and election day polling place rental fees shall be
directly charged to the appropriate participating authority rather than averaging those costs among all participants.
If a participating authority’s election is conducted at more than one election day polling place, there shall be no
charges or fees allocated to the participating authority for the cost of election day polling places in which the authority has
fewer than 50% of the total registered voters served by that polling place, except that if the number of registered voters in
all of the authority’s polling places is less than the 50% threshold, the participating authority shall pay a pro-rata share of
the costs associated with the polling place where it has the greatest number of registered voters.
Costs for Early Voting by Personal Appearance shall be allocated based upon the actual costs associated with
each early voting site. Each participating authority shall be responsible for a pro-rata portion of the actual costs
associated with the early voting sites located within their jurisdiction. Participating authorities that do not have a regular
(non-temporary) early voting site within their jurisdiction shall pay a pro-rata portion of the nearest regular early voting site.
Costs for Early Voting by Mail shall be allocated according to the actual number of ballots mailed to each
participating authority’s voters.
Participating authorities having the majority of their voters in another county, and fewer than 500 registered voters
in Tarrant County, and that do not have an election day polling place or early voting site within their jurisdiction shall pay a
flat fee of $400 for election expenses.
Each participating authority agrees to pay the Tarrant County Elections Administrator an administrative fee equal
to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code.
The Tarrant County Elections Administrator shall deposit all funds payable under this contract into the appropriate
fund(s) within the county treasury in accordance with Election Code Section 31.100.
XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION
Any participating authority may withdraw from this agreement and the Joint Election should it cancel its election in
accordance with Sections 2.051 - 2.053 of the Texas Election Code. The withdrawing authority is fully liable for any
expenses incurred by the Tarrant County Elections Administrator on behalf of the authority plus an administrative fee of
ten percent (10%) of such expenses. Any monies deposited with the Elections Administrator by the withdrawing authority
shall be refunded, minus the aforementioned expenses and administrative fee if applicable.
It is agreed that any of the joint election early voting sites that are not within the boundaries of one or more of the
remaining participating authorities, with the exception of the early voting site located at the Tarrant County Elections
Center, may be dropped from the joint election unless one or more of the remaining participating authorities agree to fully
fund such site(s). In the event that any early voting site is eliminated under this section, an addendum to the contract
shall be provided to the remaining participants within five days after notification of all intents to withdraw have been
received by the Elections Administrator.
XIII. RECORDS OF THE ELECTION
The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint
Election as authorized by Section 271.010 of the Texas Election Code.
Access to the election records shall be available to each participating authority as well as to the public in
accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election
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records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county
records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the
records are clearly identifiable and retrievable.
Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of
the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or
open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment,
whichever is applicable. It is the responsibility of each participating authority to bring to the attention of the Elections
Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed
with the participating authority.
XIV. RECOUNTS
A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the
presiding officer of the contracting participating authority agrees that any recount shall take place at the offices of the
Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the participating
authority’s official or employee who performs the duties of a secretary under the Texas Election Code shall serve as
Recount Coordinator.
The Elections Administrator agrees to provide advisory services to each participating authority as necessary to
conduct a proper recount.
XV. MISCELLANEOUS PROVISIONS
1. It is understood that to the extent space is available, other districts and political subdivisions may wish to
participate in the use of the County’s election equipment and voting places, and it is agreed that the
Elections Administrator may contract with such other districts or political subdivisions for such purposes
and that in such event there may be an adjustment of the pro-rata share to be paid to the County by the
participating authorities.
2. The Elections Administrator shall file copies of this document with the Tarrant County Judge and the
Tarrant County Auditor in accordance with Section 31.099 of the Texas Election Code.
3. Nothing in this contract prevents any party from taking appropriate legal action against any other party
and/or other election personnel for a breach of this contract or a violation of the Texas Election Code.
4. This agreement shall be construed under and in accord with the laws of the State of Texas, and all
obligations of the parties created hereunder are performable in Tarrant County, Texas.
5. In the event that one or more of the provisions contained in this Agreement shall for any reason be held to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not
affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
6. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local
governments, and any other entities with local jurisdiction.
7. The waiver by any party of a breach of any provision of this agreement shall not operate as or be
construed as a waiver of any subsequent breach.
8. Any amendments of this agreement shall be of no effect unless in writing and signed by all parties hereto.
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XVI. COST ESTIMATES AND DEPOSIT OF FUNDS
The total estimated obligation for each participating authority under the terms of this agreement is listed below.
Each participating authority agrees to pay the Tarrant County Elections Administrator a deposit of approximately 75% of
this estimated obligation no later than 15 days after execution of this agreement. The exact amount of each participating
authority’s obligation under the terms of this agreement shall be calculated after the November 5, 2013 election (or runoff
election, if applicable), and if the amount of an authority’s total obligation exceeds the amount deposited, the authority
shall pay to the Elections Administrator the balance due within 30 days after the receipt of the final invoice from the
Elections Administrator. However, if the amount of the authority’s total obligation is l ess than the amount deposited, the
Elections Administrator shall refund to the authority the excess amount paid within 30 days after the final costs are
calculated.
The total estimated obligation and required deposit for each participating authority under the terms of this agreement shall
be as follows:
Actual # Billed # Estimated Deposit
Political Subdivision Polls Polls Cost Due
City of Arlington 77 32.5 $110,789 $83,100
City of Bedford 13 5 $17,899 $13,500
Benbrook Water Authority 8 2 $8,280 $6,300
City of Crowley 2 1 $7,069 $5,400
City of Flower Mound 1 0 $400 $400
City of Grand Prairie 10 3.5 $18,342 $13,800
City of Haltom City 12 4 $14,977 $11,300
City of Keller 9 3 $13,152 $9,900
City of Richland Hills 4 1.5 $8,462 $6,400
City of Sansom Park 1 0.5 $4,562 $3,500
Town of Trophy Club 1 0 $400 $400
City of White Settlement 4 1.5 $8,643 $6,500
Azle ISD 8 2 $9,797 $7,400
Fort Worth ISD 153 60.5 $216,418 $162,400
Lake Worth ISD 10 0.5 $4,563 $3,500
Lewisville ISD 1 0 $400 $400
Tarrant County 362 244.5 $892,576 n/a
TOTALS
362 $1,336,729 $334,200
THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK
Town Council Page 19 of 112 Meeting Date: Monday, October 7, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-632-T Name:
Status:Type:Agenda Item Draft
File created:In control:10/4/2013 Town Council
On agenda:Final action:10/7/2013
Title:Consider and take appropriate action regarding an interlocal agreement between the Town and
Denton County for administration of the Town's November 5, 2013 Special Election; authorizing the
payment of fees, and authorizing the Mayor or her designee to execute all necessary documents.
Attachments:Denton County Joint Contract 11 5 2013 final draft.pdf
Denton County Contract Worksheet Trophy Club 11.5.2013.pdf
Denton County Election signature_page.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding an interlocal agreement between the Town and Denton County for
administration of the Town's November 5, 2013 Special Election; authorizing the payment of fees, and authorizing the
Mayor or her designee to execute all necessary documents.
Town Council Page 20 of 112 Meeting Date: Monday, October 7, 2013
Page 1 of 8
THE STATE OF TEXAS
COUNTY OF DENTON
JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES
THIS CONTRACT for election services is made by and between the Denton County Elections Administrator and
the following political subdivisions located entirely or partially inside the boundaries of Denton County:
Town of Bartonville
City of Carrollton
City of Coppell
Town of Flower Mound
Town of Hickory Creek
City of Krum
City of Lewisville
Town of Trophy Club
Denton Independent School District
Lewisville Independent School District
Canyon Falls WCID #2
This contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 and Texas Education Code
Section 11.0581 for a joint November 5, 2013 election to be administered by Frank Phillips, Denton County Elections
Administrator, hereinafter referred to as “Elections Administrator.”
RECITALS
Each participating authority listed above plans to hold a Special Election on November 5, 2013.
Denton County plans to hold county-wide voting for a Constitutional Amendment Election.
The County owns an electronic voting system, the Hart InterCivic eSlate/eScan Voting System (Version 6.2.1),
which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and
is compliant with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section
61.012. The contracting political subdivisions desire to use the County’s electronic voting system , to compensate the
County for such use, and to share in certain other expenses connected with joint elections, in accordance with the
applicable provisions of Chapters 31 and 271 of the Texas Election Code, as amended.
NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS
AGREED as follows:
I. ADMINISTRATION
The parties agree to hold a “Joint Election” with Denton County and each other in accordance with Chapter 271 of
the Texas Election Code and this agreement. The Denton County Elections Administrator shall coordinate, supervise,
and handle all aspects of administering the Joint Election as provided in this agreement. Each participating authority
agrees to pay the Denton County Elections Administrator for equipment, supplies, services, and administrative costs as
provided in this agreement. The Denton County Elections Administrator shall serve as the administrator for the Joint
Election; however, each participating authority shall remain responsible for the decisions and actions of its officers
necessary for the lawful conduct of its election. The Elections Administrator shall provide advisory services in connection
with decisions to be made and actions to be taken by the officers of each participating authority as necessary.
It is understood that other political subdivisions may wish to participate in the use of the County’s electronic
voting system and polling places, and it is agreed that the Elections Administrator may enter into other contracts for
election services for those purposes, on terms and conditions generally similar to those set forth in this contract. In such
cases, costs shall be pro-rated among the participants according to Section XI of this contract.
At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The
participating parties shall share a mutual ballot in those polling places where jurisdictions overlap. However, in no
instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the
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voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not
overlap.
II. LEGAL DOCUMENTS
Each participating authority shall be responsible for the preparation, adoption, and publication of all required
election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or the
participating authority’s governing body, charter, or ordinances, except that the Elections Administrator shall be
responsible for the preparation and publication of all voting equipment testing notices that are required by the Texas
Election Code. Election orders should include language that would not necessitate amending the order if any of the Early
Voting and/or Election Day polling places change.
Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each
participating authority, including translation to languages other than English. Each participating authority shall provide a
copy of their respective election orders and notices to the Denton County Elections Administrator.
III. VOTING LOCATIONS
The Elections Administrator shall select and arrange for the use of and payment for all Election Day voting
locations. Voting locations will be, whenever possible, the usual voting location for each election precinct in elections
conducted by the county, and shall be compliant with the accessibility requirements established by Election Code Section
43.034 and the Americans with Disabilities Act (ADA). The proposed voting locations are listed in Attachment A of this
agreement. In the event a voting location is not available or appropriate, the Elections Administrator will arrange for use
of an alternate location with the approval of the affected participating authorities. The Elections Administrator shall notify
the participating authorities of any changes from the locations listed in Attachment A.
If polling places for the November 5, 2013 joint election are different from the polling place(s) used by a
participating authority in its most recent election, the authority agrees to post a notice no later than November 5, 2013 at
the entrance to any previous polling places in the jurisdiction stating that the polling location has changed and stating the
political subdivision’s polling place names and addresses in effect for the November 5, 2013 election. This notice shall be
written in both the English and Spanish languages.
IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL
Denton County shall be responsible for the appointment of the presiding judge and alternate judge for each
polling location. The Elections Administrator shall make emergency appointments of election officials if necessary.
Upon request by the Elections Administrator, each participating authority agrees to assist in recruiting polling
place officials who are bilingual (fluent in both English and Spanish). In compliance with the Federal Voting Rights Act of
1965, as amended, each polling place containing more than 5% Hispanic population as determined by the 2010 Census
shall have one or more election officials who are fluent in both the English and Spanish languages. If a presiding judge is
not bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend a bilingual worker for
the polling place. If the Elections Administrator is unable to recommend or recruit a bilingual worker, the participating
authority or authorities served by that polling place shall be responsible for recruiting a bilingual worker for translation
services at that polling place.
The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of
Chapter 32 of the Texas Election Code, and will take the necessary steps to insure that all election judges appointed for
the Joint Election are eligible to serve.
The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The
Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election
supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying him of his
appointment, the time and location of training and distribution of election supplies, and the number of election clerks that
the presiding judge may appoint.
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Each election judge and clerk will receive compensation at the hourly rate established by Denton County pursuant
to Texas Election Code Section 32.091. The election judge, or his designee, will receive an additional sum of $25.00 for
picking up the election supplies prior to Election Day and for returning the supplies and equipment to the central counting
station after the polls close.
The compensation rates established by Denton County are:
Early Voting – Lead Clerk ($10 an hour), Clerk ($9 an hour)
Election Day – Presiding Judge ($11 an hour), Alternate Judge ($10 an hour), Clerk ($9 an hour)
Election judges and clerks who attend voting equipment training and/or procedures training shall be compensated
at the rate of $7 an hour.
The Elections Administrator may employ other personnel necessary for the proper administration of the election,
including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies during
early voting and on Election Day, and for the efficient tabulation of ballots at the central counting station. Part-time
personnel working in support of the Early Voting Ballot Board and/or central counting station on election night will be
compensated at the hourly rate set by Denton County in accordance with Election Code Sections 87.005, 127.004, and
127.006.
V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT
The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited
to, the County’s electronic voting system and equipment, official ballots, sample ballots, voter registration lists, and all
forms, signs, maps and other materials used by the election judges at the voting locations. The Elections Administrator
shall ensure availability of tables and chairs at each polling place and shall procure rented tables and chairs for those
polling places that do not have tables and/or chairs. The Elections Administrator shall be responsible for conducting all
required testing of the electronic equipment, as required by Chapters 127 and 129 of the Texas Election Code.
At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The
participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance
shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is
ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap.
The Elections Administrator shall provide the necessary voter registration information, maps, instructions, and other
information needed to enable the election judges in the voting locations that have more than one ballot style to conduct a
proper election.
Each participating authority shall furnish the Elections Administrator a list of candidates and/or propositions
showing the order and the exact manner in which the candidate names and/or proposition(s) are to appear on the official
ballot (including titles and text in each language in which the authority’s ballot is to be printed). Each participating
authority shall be responsible for proofreading and approving the ballot insofar as it pertains to that authority’s candidates
and/or propositions. Each participating authority shall be responsible for proofing and approving the audio recording of
the ballot insofar as it pertains to that authority’s candidates and/or propositions.
The joint election ballots that contain ballot content for more than one joint participant because of overlapping
territory shall be arranged with the appropriate school district ballot content appearing on the ballot first, followed by the
appropriate city ballot content, followed by the appropriate water district ballot content, followed by the county’s general
election.
Early Voting by Personal Appearance shall be conducted exclusively on Denton County’s eSlate electronic voting
system. On Election Day, voters shall have a choice between voting on the eSlate electronic voting system or by a paper
ballot that is scanned at the polling place using Denton County’s eScan voting system, unless the size of the ballot forces
it to two pages, then they will only have use of the eSlate electronic voting system . Provisional ballots cast on election
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day will be cast only on the eSlate electronic voting system to prevent the possibility of paper provisional ballots from
being immediately counted via the eScan ballot scanner.
The number of paper ballots printed for Election Day voting shall be, at a minimum, equal to the same Election
Day turnout as in the last comparable election plus 25 percent of that number, with the final number of ballots ordered per
polling place or precinct adjusted upward to end in a number divisible by 50.
The Elections Administrator shall be responsible for the preparation, testing, and delivery of the voting equipment
for the election as required by the Election Code.
The Elections Administrator shall conduct criminal background checks on the relevant employees upon hiring as
required by Election Code 129.051(g).
VI. EARLY VOTING
The participating authorities agree to conduct joint early voting and to appoint the Election Administrator as the
Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Each participating
authority agrees to appoint the Elections Administrator’s permanent county employees as deputy early voting clerks. The
participating authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to
assist in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be
compensated at an hourly rate set by Denton County pursuant to Section 83.052 of the Texas Election Code. Deputy
early voting clerks who are permanent employees of the Denton County Elections Administrator or any participating
authority shall serve in that capacity without additional compensation.
Early Voting by personal appearance will be held at the locations, dates, and times listed in Attachment “B” of this
document. Any qualified voter of the Joint Election may vote early by personal appearance at any one of the joint early
voting locations.
As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by
mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted
by mail received by the participating authorities shall be forwarded immediately by fax or courier to the Elections
Administrator for processing. The address of the Early Voting Clerk is as follows:
Frank Phillips, Early Voting Clerk
Denton County Elections
PO Box 1720
Denton, TX 76202
The Elections Administrator shall provide post on the county website each participating authority’s early voting
report on a daily basis and a cumulative final early voting report following the close of early voting. In accordance with
Section 87.121(g) of the Election Code, the daily reports showing the previous day’s early voting activity will be posted to
the county website no later than 8:00 a.m. each business day.
VII. EARLY VOTING BALLOT BOARD
Denton County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Joint
Election. The Presiding Judge, with the assistance of the Elections Administrator, shall appoint two or more additional
members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to
efficiently process the early voting ballots.
VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS
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The Elections Administrator shall be responsible for establishing and operating the central counting station to
receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this
agreement.
The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 of the Texas
Election Code, appoint the following central counting station officials:
Counting Station Manager: Frank Phillips, Denton County Elections Administrator
Tabulation Supervisor: Eric Leija, Denton County Technical Operations Manager
Presiding Judge: Kerry Martin, Denton County Deputy Elections Administrator
Alternate Judge: Paula Paschal, Denton County Contract Manager
The counting station manager or his representative shall deliver timely cumulative reports of the election results
as precincts report to the central counting station and are tabulated. The manager shall be responsible for releasing
unofficial cumulative totals and precinct returns from the election to the joint participants, candidates, press, and general
public by distribution of hard copies at the central counting station and by posting to the Denton County web site. To
ensure the accuracy of reported election returns, results printed on the tapes produced by Denton County’s voting
equipment will not be released to the participating authorities at the remote collection sites or by phone from individual
polling locations.
The Elections Administrator will prepare the unofficial canvass reports that are necessary for compliance with
Election Code Section 67.004 , after all precincts have been counted and will deliver a copy of the unofficial canvass to
each participating authority as soon as possible after all returns have been tabulated, via the website. Each participating
authority shall be responsible for the official canvass of its respective election(s), and shall notify the Elections
Administrator, or his designee, of the date of the canvass, no later than three days after Election Day.
The Elections Administrator will prepare the electronic precinct-by-precinct results reports for uploading to the
Secretary of State as required by Section 67.017 of the Election Code. The Elections Administrator agrees to upload
these reports for each participating authority, unless requested otherwise.
The Elections Administrator shall be responsible for conducting the post-election manual recount required by
Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies
of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State’s Office.
IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE DENTON COUNTY
The Elections Administrator shall administer only the Denton County portion of the elections held by the
participating authorities.
X. RUNOFF ELECTIONS
Each participating authority shall have the option of extending the terms of this agreement through its runoff
election, if applicable. In the event of such runoff election, the terms of this agreement shall automatically extend unless
the participating authority notifies the Elections Administrator in writing within 3 business days of the original election.
Each participating authority shall reserve the right to reduce the number of early voting locations and/or Election
Day voting locations in a runoff election. If necessary, any voting changes made by a participating authority between the
original election and the runoff election shall be submitted by the authority making the change to the United States
Department of Justice for the preclearance required by the Federal Voting Rights Act of 1965, as amended.
Each participating authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the
November 5, 2013 election and to conduct its drawing for ballot positions at or immediately following such meeting in
order to expedite preparations for its runoff election.
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Each participating authority eligible to hold runoff elections agrees that the date of the runoff election, if
necessary, shall be Tuesday, December 10, 2013, with early voting being held in accordance with the Election Code.
XI. ELECTION EXPENSES AND ALLOCATION OF COSTS
The participating authorities agree to share the costs of polling places with Denton County. If a polling location is
shared by more than one participating authority, the costs shall be pro-rated equally among the participants utilizing that
polling place.
Costs for Early Voting by Personal Appearance shall be allocated based upon the actual costs associated with
each early voting site. Each participating authority shall be responsible for a pro-rata portion of the actual costs
associated with the early voting sites located within their jurisdiction. Participating authorities that do not have a regular
(non-temporary) early voting site within their jurisdiction shall pay a pro-rata portion of the nearest regular early voting site.
Costs for Early Voting by Mail shall be allocated according to the actual number of ballots mailed to each
participating authority’s voters.
Each participating authority agrees to pay the Denton County Elections Administrator an administrative fee equal
to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code.
The Denton County Elections Administrator shall deposit all funds payable under this contract into the appropriate
fund(s) within the county treasury in accordance with Election Code Section 31.100.
XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION
Any participating authority may withdraw from this agreement and the Joint Election should it cancel its election in
accordance with Sections 2.051 - 2.053 of the Texas Election Code.
XIII. RECORDS OF THE ELECTION
The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint
Election as authorized by Section 271.010 of the Texas Election Code.
Access to the election records shall be available to each participating authority as well as to the public in
accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election
records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county
records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the
records are clearly identifiable and retrievable.
Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of
the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or
open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment,
whichever is applicable. It is the responsibility of each participating authority to bring to the attention of the Elections
Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed
with the participating authority.
XIV. RECOUNTS
A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the
presiding officer of the contracting participating authority agrees that any recount shall take place at the offices of the
Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the participating
authority’s official or employee who performs the duties of a secretary under the Texas Election Code shall serve as
Recount Coordinator.
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The Elections Administrator agrees to provide advisory services to each participating authority as necessary to
conduct a proper recount.
XV. MISCELLANEOUS PROVISIONS
1. It is understood that to the extent space is available, other districts and political subdivisions may wish to
participate in the use of the County’s election equipment and voting places, and it is agreed that the
Elections Administrator may contract with such other districts or political subdivisions for such purposes
and that in such event there may be an adjustment of the pro-rata share to be paid to the County by the
participating authorities.
2. The Elections Administrator shall file copies of this document with the Denton County Judge and the
Denton County Auditor in accordance with Section 31.099 of the Texas Election Code.
3. Nothing in this contract prevents any party from taking appropriate legal action against any other party
and/or other election personnel for a breach of this contract or a violation of the Texas Election Code.
4. This agreement shall be construed under and in accord with the laws of the State of Texas, and all
obligations of the parties created hereunder are performable in Denton County, Texas.
5. In the event that one of more of the provisions contained in this Agreement shall for any reason be held to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not
affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
6. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local
governments, and any other entities with local jurisdiction.
7. The waiver by any party of a breach of any provision of this agreement shall not operate as or be
construed as a waiver of any subsequent breach.
8. Any amendments of this agreement shall be of no effect unless in writing and signed by all parties hereto.
XVI. COST ESTIMATES AND DEPOSIT OF FUNDS
The total estimated obligation for each participating authority under the terms of this agreement is listed below.
Each participating authority agrees to pay the Denton County Elections Administrator a deposit of approximately 90% of
this estimated obligation no later than 15 days after the agreement is executed. The exact amount of each participating
authority’s obligation under the terms of this agreement shall be calculated after the November 5, 2013 election (or runoff
election, if applicable), and if the amount of an authority’s total obligation exceeds the amount deposited, the authority
shall pay to the Elections Administrator the balance due within 30 days after the receipt of the final invoice from the
Elections Administrator. However, if the amount of the authority’s total obligation is less than the amount deposited, the
Elections Administrator shall refund to the authority the excess amount paid within 30 days after the final costs are
calculated.
The total estimated obligation and required deposit for each participating authority under the terms of this agreement shall
be as follows:
Estimated Deposit
Political Subdivision Cost Due
Town of Bartonville $3099.17 $2789.26
Town Council Page 27 of 112 Meeting Date: Monday, October 7, 2013
Page 8 of 8
City of Carrollton $5762.39 $5186.15
City of Coppell $2536.93 $2283.24
Town of Flower Mound $4351.38 $3916.24
Town of Hickory Creek $4311.34 $3880.21
City of Krum $4315.03 $3883.52
City of Lewisville $5442.06 $4897.86
Town of Trophy Club $4392.41 $3953.17
Denton Independent School District $22765.46 $20488.91
Lewisville Independent School District $17358.91 $15623.02
Canyon Falls WCID #2 $3405.93 $3065.34
Rev. 09.13.2013, 12:35 pm
Town Council Page 28 of 112 Meeting Date: Monday, October 7, 2013
10/4/2013 1
Election Costs Units Cost Per Unit Estimated Actual
Early Voting by Personal Appearance (EVPA) Expenses:
EVPA Polling Place(s)2,286.00
Early Voting Ballot Board Personnel 175.00
Early Voting by Mail (EVM) Expenses:
EVM Ballots (cost per thousand)335.00 6.70
EVM Ballot Postage 1.10 22.00
Election Day (ED) Expenses:
ED Polling Place(s)939.50
ED Ballots (cost per thousand)335.00 113.90
ED Polling place rental/custodial
Security
General Expenses of the Election:
Programing eScan/eSlate per Election 400.00 400.00
Postage for DOJ
Legal Notices 50.00
Worksheet Total Expense $3,993.10 $0.00
Estimated Actual Amount Paid Ck #/Date Received
Election Total $3,993.10 $0.00
Election Service Fee $399.31 $0.00
Election Total Cost $4,392.41 $0.00
Deposit (90%)$3,953.17 $0.00
Balance Due $4,392.41 $4,392.41
Denton County Elections Contract Worksheet
Town of Trophy Club - November 5, 2013
Town Council Page 29 of 112 Meeting Date: Monday, October 7, 2013
Page 9 of 9
XVII. JOINT CONTRACT ACCEPTANCE AND APPROVAL
IN TESTIMONY HEREOF, this agreement has been executed on behalf of the parties hereto as follows, to-wit:
(1) It has on the _______ day of _______________, 2013 been executed by the Denton County Elections
Administrator pursuant to the Texas Election Code so authorizing;
(2) It has on the _______ day of _______________, 2013 been executed on behalf of the Town of Trophy
Club pursuant to an action of the Town of Trophy Club so authorizing;
ACCEPTED AND AGREED TO BY THE DENTON COUNTY ELECTIONS ADMINISTRATOR:
APPROVED:
___________________________________________
FRANK PHILLIPS
ACCEPTED AND AGREED TO BY THE TOWN OF TROPHY CLUB:
APPROVED: ATTEST:
___________________________________________ __________________________________________
Connie White, Mayor Tammy Ard, Town Secretary
Town Council Page 30 of 112 Meeting Date: Monday, October 7, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-621-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:10/2/2013 Town Council
On agenda:Final action:10/7/2013
Title:Consider and take appropriate action regarding an Ordinance amending Ordinance No. 2013-19
establishing the Trophy Club Animal Shelter Advisory Board and adding Article II, "Animal Shelter
Advisory Board" to Chapter 2, "Animal Control" of the Code of Ordinances of the Town for the
purpose of adding one (1) additional seat on the Board to be filled by a resident of the Town; providing
that the Board shall consist of six members; and providing an effective date.
Attachments:Ord No 2013-37 Amending Animal Shelter Advisory Board Ord No 2013-19.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding an Ordinance amending Ordinance No. 2013-19 establishing the Trophy
Club Animal Shelter Advisory Board and adding Article II, "Animal Shelter Advisory Board" to Chapter 2, "Animal Control"
of the Code of Ordinances of the Town for the purpose of adding one (1) additional seat on the Board to be filled by a
resident of the Town; providing that the Board shall consist of six members; and providing an effective date.
Town Council Page 31 of 112 Meeting Date: Monday, October 7, 2013
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2013-37
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2013-19 WHICH
ADDED ARTICLE II, ENTITLED “ANIMAL SHELTER ADVISORY
BOARD” TO CHAPTER 2 ENTITLED “ANIMAL CONTROL” OF THE
CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB,
CREATINGTHE TROPHY CLUB ANIMAL SHELTER ADVISORY
BOARD; PROVIDING FOR AN AMENDMENT TO SECTION 2 OF
ORDINANCE NO. 2013-19 TO ADD AN ADDITIONAL SEAT ON THE
BOARD TO BE FILLED BY A RESIDENT OF THE TOWN; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 823 of the Texas Health and Safety Code provides that the
governing body of a municipality in which an animal shelter is located shall appoint an
advisory committee to assist in complying with the requirements of Chapter 823; and
WHEREAS, Chapter 823 provides that the advisory committee must meet at
least three (3) times annually and must be comprised of at least one (1) licensed
veterinarian, one (1) county or municipal official, one (1) person whose duties include
the daily operation of an animal shelter, and one (1) representative from an animal
welfare organization, and one (1) resident of the Town; and
WHEREAS, on August 5, 2013, the Town Council adopted Ordinance No. 2013-
19 amending Chapter 2, Article II of the Code of Ordinances to establish the Trophy
Club Animal Shelter Advisory Board and added to the membership of the Board, one (1)
seat to be filled by a resident of the Town; and
WHEREAS, on September 23, 2013, the Town Council adopted Resolution No.
2013-22 appointing persons to fill the seats of the Board, and at that time, determined it
appropriate to add a second seat to be filled by a Town resident and designated a
resident to serve as the sixth Board member upon adoption of this Ordinance amending
Article II of Chapter 2; and
WHEREAS, after adoption of this Ordinance, the Board of Directors of the
Trophy Club Animal Shelter Advisory Board shall be comprised of six (6) members as
further set forth herein; and
WHEREAS, the Town Council has determined it appropriate to amend
Ordinance 2013-19 and Article II, entitled “Animal Shelter Advisory Board” of Chapter 2
entitled “Animal Control”, of the Code of Ordinances so that the Board of the Trophy
Club Animal Shelter Advisory Board shall have a total of six (6) members, two of whom
are residents of the Town.
Town Council Page 32 of 112 Meeting Date: Monday, October 7, 2013
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1.
Incorporation of Premises
1.01 The foregoing recitals are found to be true and correct and are incorporated
herein as if written word for word.
Section 2.
Amendment
2.01. Section 2 of Ordinance No. 2013-19 amending Article II, entitled “Animal Shelter
Advisory Board” of Chapter 2, entitled “Animal Control” of the Code of Ordinances of the
Town shall be amended so that it shall be and read in its entirety as follows, and all
other provisions of Ordinance 2013-19 and Chapter 2, Article II, shall not be affected:
The Town Council of the Town of Trophy Club, Texas does hereby create
an advisory committee for its animal shelter to be named the “Trophy Club
Animal Shelter Advisory Board”, which Board shall meet at least three (3)
times annually and shall be comprised of at least one (1) licensed
veterinarian, one (1) county or municipal official, one (1) person whose
duties include the daily operation of an animal shelter, one (1)
representative from an animal welfare organization, and two (2) residents
from the community.
Section 3.
Effective Date
This Ordinance shall take effect from and after its date of passage in accordance
with law.
PASSED and APPROVED by the Town Council of the Town of Trophy Club,
Texas on this 7th day of October, 2013.
Connie White, Mayor
Town of Trophy Club, Texas
ATTEST:
Tammy Ard, Town Secretary
Town of Trophy Club, Texas
Town Council Page 33 of 112 Meeting Date: Monday, October 7, 2013
APPROVED TO AS FORM:
Patricia A. Adams , Town Attorney
Town of Trophy Club, Texas
Town Council Page 34 of 112 Meeting Date: Monday, October 7, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-622-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:10/2/2013 Town Council
On agenda:Final action:10/7/2013
Title:Consider and take appropriate action regarding an Interlocal Agreement between the Town and the
City of Roanoke extending library services within the City of Roanoke to the residents of Trophy Club
for the 2013-2014 fiscal year; and authorizing the Mayor to execute all necessary documents.
Attachments:Roanoke - Interlocal Agreement - Trophy Club - Library Services 2013-2014.pdf
Library Statistics staff report.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding an Interlocal Agreement between the Town and the City of Roanoke
extending library services within the City of Roanoke to the residents of Trophy Club for the 2013-2014 fiscal year; and
authorizing the Mayor to execute all necessary documents.
Town Council Page 35 of 112 Meeting Date: Monday, October 7, 2013
Page 1 of 5
THE STATE OF TEXAS §
§
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE CITY OF ROANOKE, TEXAS, AND TOWN OF TROPHY CLUB,
TEXAS, CONCERNING LIBRARY SERVICES
This Interlocal Agreement (“Agreement”) is entered into pursuant to the
provisions of the Interlocal Cooperation Act, Chapter 791, Texas Government Code, by
and between the City of Roanoke, Texas, a Texas home-rule municipality (hereinafter
referred to as “Roanoke”), and the Town of Trophy Club, Texas, a Texas home-rule
municipality (hereinafter referred to as “Trophy Club”), for the purpose of the providing
library services located within the City of Roanoke, Denton County, Texas to the
residents of Trophy Club.
WHEREAS, the Interlocal Cooperation Act authorizes local governments to
contract with one or more local governments to perform governmental functions and
services under the terms of the Act; and
WHEREAS, Roanoke and Trophy Club mutually desire to be subject to the
provisions of the Texas Government Code, Chapter 791, the Interlocal Cooperation Act,
specifically section 791.011 regarding contracts to perform governmental functions and
services; and
WHEREAS, Roanoke recently constructed the Roanoke Public Library, located
at 308 South Walnut Street, Roanoke, Texas 76262 (hereinafter referred to as the
“Library”); and
WHEREAS, Roanoke Public Library is a department of the City of Roanoke,
Texas, established by the City Council of the City of Roanoke, Texas, for administering
and providing library services for the general public in City of Roanoke, Texas; and
WHEREAS, Trophy Club agrees to fund Roanoke for the benefit of the Library in
the amount of Fifteen Thousand and No/100 Dollars ($15,000.00)for the 2013-2014
fiscal year (October 1, 2013, through September 30, 2014) under the conditions and
terms set out herein; and
WHEREAS, the Trophy Club Town Council has determined that the expenditure of
$15,000.00 in exchange for access by the residents of Trophy Club to those full library
services that Roanoke provides to its residents is a valid use of current revenues, and the
parties agree that the sum paid hereunder fairly compensates Roanoke for those library
services.
NOW, THEREFORE, Roanoke and Trophy Club, for the mutual consideration
hereinafter stated, agree and understand as follows:
Town Council Page 36 of 112 Meeting Date: Monday, October 7, 2013
Page 2 of 5
Section 1. All matters stated above in the preamble are found to be true and
correct and are incorporated herein by reference as if copied in their entirety.
Section 2. This Agreement shall be effective upon execution by both parties
and shall continue in effect through September 30, 2014.
Section3. Pursuant to Section 791.011 of the Texas Government Code, as
amended, the parties hereto agree that the purpose of this Agreement is to ensure that
certain governmental functions and services in the area of library services are to be
performed. The parties hereto further agree that each of them is authorized to perform
the functions and services individually.
Section 4. In exchange for the funds provided by Trophy Club to Roanoke,
Roanoke will provide the following services to the citizens of Trophy Club for the fiscal
year of 2013-2014. The Library shall provide full library services for residents of
Roanoke and Trophy Club. “Full library services” shall mean access to all library
materials and programs made available to Roanoke residents during the term of this
Agreement. Notwithstanding the foregoing, Roanoke reserves the right to adopt and
enforce rules and regulations regarding the use of the library facilities which make
reasonable distinctions between Roanoke residents, and non-residents. Roanoke may
promulgate rules regarding general access to library materials, including internet
access, in its sole discretion. The Library shall perform such other functions and duties
as may be required of it by law or by lawful authority.
All benefits and services provided by the Library and the administration of its
program or programs shall be done in conformity with all State and Federal Laws and
without regard to race, religion, gender or ethnic background of the persons being
served, and without regard to the immigration status of the persons being served.
All funds provided to Roanoke by Trophy Club under the terms of this Agreement
shall be used solely for library services to the public.
Section 5. For the aforementioned services provided by Roanoke, Trophy
Club agrees to pay to Roanoke for the full performance of this Agreement the sum of
Fifteen Thousand and No/100 Dollars ($15,000.00), which sum shall be paid within
thirty (30) days of the Effective Date of this Agreement. Roanoke understands and
agrees that payment by Trophy Club to Roanoke shall be made in accordance with the
normal and customary processes and business procedures of Trophy Club, and in
conformance with applicable state law.
Section 6. Miscellaneous Provisions.
(a) Applicable Law and Venue. This Agreement shall be governed by and construed
in accordance with the laws of the State of Texas, and all obligations of the
Town Council Page 37 of 112 Meeting Date: Monday, October 7, 2013
Page 3 of 5
parties created hereunder are performable in Denton County, Texas. Venue for
any action arising under this Agreement shall lie in the state district courts of
Denton County, Texas.
(b) Assignment. This Agreement may not be assigned without the express written
consent of the other party.
(c) Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original and all of which shall constitute one
and the same document.
(d) Effective Date. The effective date of this Agreement shall be the last day this
Agreement is approved by a party hereto as indicated on the signature blocks
below (the “Effective Date”).
(e) Entire Agreement. This Agreement represents the entire agreement between
Roanoke and Trophy Club and supersedes all prior negotiations, representations
and/or agreements, either written or oral. This Agreement may be amended only
by written instrument signed by the governing bodies of both the City of
Roanoke, Texas, and Town of Trophy Club, Texas, or those authorized to sign
on behalf of those governing bodies.
(f) Immunity and Defenses. It is expressly understood and agreed that, in the
execution of this Agreement, no party waives, nor shall be deemed hereby to
have waived any immunity or defense that would otherwise be available to it
against claims arising in the exercise of governmental powers and functions. By
entering into this Agreement, the parties do not create any obligations, express
or implied, other than those set forth herein, and this Agreement shall not create
any rights in parties not signatories hereto.
(g) Indemnification Clause. To the extent allowed by law, each party agrees to
release, defend, indemnify, and hold harmless the other (and its officers, agents,
and employees) from and against all claims or causes of action for injuries
(including death), property damages (including loss of use), and any other
losses, demand, suits, judgments and costs, including reasonable attorneys’ fees
and expenses, in any way arising out of, related to or resulting from its
performance under this Agreement, or caused by its negligent acts or omissions
(or those of its respective officers, agents, employees, or any other third parties
for whom it is legally responsible) in connection with performing this Agreement.
(h) Severability Clause. The provisions of this Agreement are severable. If any
paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is
for any reason held by a court of competent jurisdiction to be contrary to law or
contrary to any rule or regulation have the force and effect of the law, the
remaining portions of the Agreement shall be enforced as if the invalid provision
had never been included.
Town Council Page 38 of 112 Meeting Date: Monday, October 7, 2013
Page 4 of 5
(i) Successors and Assigns. This Agreement shall be binding upon the parties
hereto, their successors, and assigns. Neither of the Parties will assign nor
transfer an interest in this Agreement without the written consent of the other
party.
(j) Termination; Notice. This Agreement may be terminated in whole or in part by
Trophy Club or Roanoke upon thirty (30) days’ written notice to the other party
setting forth a substantial failure by the defaulting party to fulfill its obligations
under this Agreement through no fault of the terminating party; provided,
however that no such termination may be affected unless the defaulting party is
given: (1) written notice delivered by certified mail, return receipt requested of
intent to terminate setting forth the substantial failure to perform; and (2) not less
than thirty (30) calendar days to cure the failure; and (3) an opportunity for
consultation with the terminating party prior to termination. Notice shall be
directed as follows:
For Roanoke: Hon. Carl E. Gierisch, Jr.
City of Roanoke Mayor
108 S. Oak Street
Roanoke, Texas 76262
Copy to: Jeff Moore
Brown and Hofmeister, L.L.P.
740 E. Campbell Road, Suite 800
Richardson, Texas 75081
For Trophy Club: Hon. Connie White
Trophy Club Mayor
100 Municipal Drive
Trophy Club, Texas 76262
Copy to: Mike Slye, Town Manager
100 Municipal Drive
Trophy Club, Texas 76262
[The Remainder of this Page Intentionally Left Blank]
Town Council Page 39 of 112 Meeting Date: Monday, October 7, 2013
Page 5 of 5
APPROVED by the City Council of the City of Roanoke, Texas, in its meeting
held on the day of , 2013, and executed by its authorized representative.
CITY OF ROANOKE, TEXAS
a Texas home-rule municipality,
By:
Carl E. Gierisch, Jr., Mayor
ATTEST:
April S. Hill, City Secretary
APPROVED by the Town of Trophy Club, Texas, in its meeting held on the 7th
day of October, 2013, and executed by its authorized representative.
TOWN OF TROPHY CLUB, TEXAS
a Texas home-rule municipality,
By:
Connie White, Mayor
ATTEST:
Tammy Ard, Town Secretary
Town Council Page 40 of 112 Meeting Date: Monday, October 7, 2013
Town of Trophy Club
To: Mayor and Town Council
From: Mike Slye, Town Manager
Re: Town Council Meeting October 7, 2013
___________________________________________________________________
Agenda Item:
Consider and take appropriate action to appoint a Crime Control and Prevention District Board
member for the vacant position.
Trophy Club Statistics from Jesse Ephraim, Director, Roanoke Public Library:
Out of 7,864 total current cardholders:
• 1,595 are from Trophy Club
• 490 joined this fiscal year (10/1/2012 – 9/29/2013)
We had the following number of participants from Trophy Club in our summer reading program
(note: they are not all necessarily cardholders):
• 276 children
• 47 teens
• 101 adults
Town Council Page 41 of 112 Meeting Date: Monday, October 7, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-623-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:10/2/2013 Town Council
On agenda:Final action:10/7/2013
Title:Consider and take appropriate action regarding an Ordinance amending Section 14.04(A),
"Designation of Records Management Officer", of Article XIV, "Records Management" of Chapter 1,
"Administration" of the Code of Ordinances of the Town, designating the Office of Town Secretary and
successive holders and designees of that office as the Records Management Officer for the Town;
and providing for an effective date.
Attachments:ORD 2013-36 amending Chapter 1 Article XIV RMO.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding an Ordinance amending Section 14.04(A), "Designation of Records
Management Officer", of Article XIV, "Records Management" of Chapter 1, "Administration" of the Code of Ordinances of
the Town, designating the Office of Town Secretary and successive holders and designees of that office as the Records
Management Officer for the Town; and providing for an effective date.
Town Council Page 42 of 112 Meeting Date: Monday, October 7, 2013
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2013-36
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING SECTION 14.04(A), ENTITLED “DESIGNATION OF
RECORDS MANAGEMENT OFFICER” OF ARTICLE XIV,
ENTITLED “RECORDS MANAGEMENT”, OF CHAPTER 1,
ENTITLED “ADMINISTRATION”, OF THE CODE OF
ORDINANCES OF THE TOWN OF TROPHY CLUB
DESIGNATING THE OFFICE OF TOWN SECRETARY AND
SUCCESSIVE HOLDERS AND DESIGNEES OF THAT OFFICE
AS THE RECORDS MANAGEMENT OFFICER FOR THE TOWN;
PROVIDING FOR THE INCORPORATION OF PREMISES;
PROVIDING FOR AN AMENDMENT; PROVIDING A SAVINGS
AND REPEALER CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club is a home rule municipality
organized under the Constitution and the laws of the State of Texas; and
WHEREAS, the Town Council as the governing body of the Town is
charged with establishing and maintaining a program for the efficient and
economical management of all local government records; and
WHEREAS, the Town Council adopted Article XIV, “Records
Management” as part of Chapter 1, “Administration” of its Code of Ordinances
establishing the Town’s records management program under the direction of a
Records Management Officer; and
WHEREAS, the Town Council has determined it appropriate for the Office
of Town Secretary and successive holders and designees of that office to serve
as the Records Management Officer for the Town of Trophy Club; and
WHEREAS, the Town Council has determined that an amendment to
Section 14.04, “Designation of Records Management Officer” of Article XIV,
“Records Management” of Chapter 1, “Administration” of the Code of Ordinances
of the Town is appropriate and that the adoption of this amendment serves the
public interest.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
Town Council Page 43 of 112 Meeting Date: Monday, October 7, 2013
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are
incorporated herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01 Section 14.04(A) entitled “Designation of Records Management Officer” of
Article XIV entitled, “Records Management” of Chapter 1, entitled
“Administration” of the Code of Ordinances of the Town of Trophy Club, Texas, is
hereby amended to be and read in its entirety as follows:
Section 14.04 Designation of Records Management Officer
“A. The office of Town Secretary, and successive holders and designees of
said office, shall serve as Records Management Officer for the Town of
Trophy Club. As provided by state law, each successive holder of the
office shall file his or her name with the director and librarian of the
Texas State Library within thirty days of the initial designation or of
taking up the office, as applicable. The Town Council designation of the
name, office, or position of the Records Management Officer shall be
entered into the minutes of the Town Council meeting at which such
designation is made.”
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the
Town affecting Records Management and shall not repeal any of the provisions
of such Ordinances except in those instances where provisions of those
Ordinances are in direct conflict with the provisions of this Ordinance; whether
such Ordinances are codified or uncodified, and all other provisions of the
Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with
the provisions of this Ordinance, shall remain in full force and effect.
Notwithstanding the foregoing, any complaint, action, cause of action or claim
which prior to the effective date of this Ordinance has been initiated or has arisen
under or pursuant to such repealed Ordinance(s) shall continue to be governed
by the provisions of that Ordinance and for that purpose the Ordinance shall be
deemed to remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or 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
Town Council Page 44 of 112 Meeting Date: Monday, October 7, 2013
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 as required by the Town’s Home Rule Charter.
SECTION 6.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in
accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas, this the 7th day of October, 2013.
_______________________________
Connie White, Mayor
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Tammy Ard, Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_________________________________________
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
Town Council Page 45 of 112 Meeting Date: Monday, October 7, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-620-T Name:
Status:Type:Agenda Item Workshop
File created:In control:10/2/2013 Town Council
On agenda:Final action:10/7/2013
Title:Recognition of the Byron Nelson High School Solar Car Team for earning a top honor as 2013 Solar
Car Challenge Classic Division National Champions. Live solar car demonstration scheduled at 7:00
p.m. in the Svore Municipal Building parking lot.
Attachments:solar car staff report.pdf
Action ByDate Action ResultVer.
Recognition of the Byron Nelson High School Solar Car Team for earning a top honor as 2013 Solar Car Challenge
Classic Division National Champions. Live solar car demonstration scheduled at 7:00 p.m. in the Svore Municipal Building
parking lot.
Town Council Page 46 of 112 Meeting Date: Monday, October 7, 2013
Town of Trophy Club
To: Mayor and Town Council
From: April Reiling
CC: Mike Slye, Town Manager
Re: Town Council Meeting October 7, 2013
______________________________________________________________________________
Agenda Item:
Recognition of the Byron Nelson High School Solar Car Team for earning a top honor as 2013
Solar Car Challenge Classic Division National Champions. Live solar car demonstration
scheduled at 7:00 p.m. in the Svore Municipal Building parking lot.
Explanation:
The Solar Car Challenge started in 1993 and the 2013 race marked the 20th anniversary. 2013
marked the 1st time Byron obtained a 1st place trophy. We earned 7 out of 8 of the available
1st place trophies through the 8 days of racing. 2013 marked the 1st time a team from Texas
won the classic division in a cross country race. We completed 660.2 total miles with an avg.
speed of 21.63 mph. 2nd place finished with 607.1 miles and an avg. speed of 20.20 mph. The
car was built over about a 7 month period in David Beattie’s garage. We continue to fund raise
and are still trying to find a corporate sponsor. For pictures and upcoming events please look
for us on Facebook and twitter.
Team Sponsors: Terry Flickinger, Nick Randolph, Keith Wolfe, David Beattie, Sondra Price and
Georgie Weston
Team Members: Gage Price, Chase Flickinger, Chase Randolph, Angel Szymanski, Brooke
Weston, William Beattie, Matthew Wolfe, Hayden Butler, Kyle Barnes and our drivers Zach
Randolph and Austin Flickinger.
Byron Nelson High School has had a Solar Car team for 4 years. In 2012, at a race held solely at
Texas Motor speedway over 4 days, Byron Nelson Nigh School placed 3rd overall. Basically all
but two of the team members (Zach and Austin) were new to the team. All 9 of the new
members were freshman. Because they had not had the experience of building a car like the
last group, we decided to start the 2013 race with a new build designed by the incoming group.
Terry Flickinger and Nick Randolph were the only returning sponsors. In Sept of 2012 the 9
freshman attended a seminar hosted by the Solar Car Challenge. After attending the seminar,
the group set about designing and building their new car.
Town Council Page 47 of 112 Meeting Date: Monday, October 7, 2013
Roughly 30 days prior to the start of the race they began testing the completed car by running
laps around the parking lot at Texas Motor Speedway. On Sunday, July 20th the event began
with Scrutineering. Scrutineering basically is the only way to get in the race. Scrutineering is
designed to ensure that the car is road capable and can be driven safely under those conditions.
With a minor change the car passed with flying colors. Below are the race details and event
legs.
July 23rd day 1 – FT. Worth, TX to Snyder, TX – 180.2 available miles - Byron Nelson finished
1st overall and received their very 1st, 1st place trophy. They completed 108.7 miles
finishing 1.7 miles ahead of second place.
July 24th day 2 – Snyder, TX to Carlsbad, NM – 201.75 available miles - Byron Nelson
finished first overall on what would turn out to be the most strategic day of racing. With
storms looming we decided to skip part of the race and trailer our car ahead of the storms.
There is no penalty for trailering but you do not get credit for any miles that you skip or any
additional time. We logged 97.1 miles, 21 more than second place for the day and 42.2
miles ahead of the second place overall finisher.
July 25th day 3 – Carlsbad, NM to El Paso, TX – 101.1 available miles – Byron Nelson again
finished 1st overall with 100.7 miles driven 1.9 miles ahead of second place.
July 26th day 4 – Rest day in El Paso. The team spent the day trying to get charged and
working on changing a sprocket for the hilly terrain on day 5. This almost cost us the race.
July 27th day 5 – El Paso, TX to Florence, AZ - 92.4 available miles - The day began with a
mechanical failure 1/10th of a mile into the race. The rear axle rides on pillow bearings.
They were installed backwards. Had the speedometer not worked we would have ruined
both our axle and our chances to win. In 15 min 4 boys had the bearings reinstalled
correctly and we were back on the road. We completed all of the available miles for the day
along with 3 other teams. Based on time 7:08 hours we finished 1st overall, 33 minutes
ahead of Bullard High School.
July 28th day 6 – Florence, AZ to Wickenburg, AZ – 66.1 available miles - This was one of the
shortest legs of the race. We decided to take it slow and not risk hurting the car. Day 7 was
the last day to capture a lot of miles and we wanted to be prepared for that. We completed
all of our miles and finished in 3rd based on time 25 minutes behind 1st place for the day.
July 29th – day 7 – Wickenburg, AZ to 29 Palms, CA – 193.8 available miles - We came in
first overall with 148.6 miles 1.6 miles ahead of 2nd place. This day was not only the most
miles the car had traveled, but also found us changing a sprocket in Death Valley. The same
4 boys who fixed the car 3 days early managed to change the sprocket in under 13 minutes.
The temp was 113 and the shoulder we were parked on was dessert. We feel this change
got us the miles we needed to complete the race in 1st.
July 30th – day 8 – 29 Palms to Los Angeles, CA – 55.9 available miles - Again we finished
first overall with 51.5 miles driven 4.1 miles more than second place.
Town Council Page 48 of 112 Meeting Date: Monday, October 7, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-624-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/2/2013 Town Council
On agenda:Final action:10/7/2013
Title:Presentation of Town facilities feasibility study and analysis conducted by GSBS Architects, including
recommendations; Council to discuss and take appropriate action regarding same.
Attachments:
Action ByDate Action ResultVer.
Presentation of Town facilities feasibility study and analysis conducted by GSBS Architects, including recommendations;
Council to discuss and take appropriate action regarding same.
Town Council Page 49 of 112 Meeting Date: Monday, October 7, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-613-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/2/2013 Town Council
On agenda:Final action:10/7/2013
Title:Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club Texas
approving a negotiated resolution between Atmos Cities Steering Committee and Atmos Energy
Corp., Mid-Tex Division, regarding the annual 2013 Rate Review Mechanism; adopting tariffs that
reflect rate adjustments for natural gas consistent with the negotiated settlement; providing a most
favored nations clause; and providing an effective date.
Attachments:ORD 2013-38 RRM Settlement.pdf
Attachment A - Atmos Mid-Tex Tariffs effective November 1, 2013.PDF
Staff Report for Atmos Ordinance (natural gas RRM).pdf
2013.09.17 Memo to ACSC with complete Settlement package.PDF
2013.09.17 Model Staff Report (RRM Ordinance).pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club Texas approving a negotiated
resolution between Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division, regarding the annual
2013 Rate Review Mechanism; adopting tariffs that reflect rate adjustments for natural gas consistent with the negotiated
settlement; providing a most favored nations clause; and providing an effective date.
Town Council Page 50 of 112 Meeting Date: Monday, October 7, 2013
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2013-38
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
APPROVING A NEGOTIATED RESOLUTION BETWEEN THE
ATMOS CITIES STEERING COMMITTEE AND ATMOS ENERGY
CORP., MID-TEX DIVISION REGARDING THE COMPANY’S
2013 ANNUAL RATE REVIEW MECHANISM FILING IN ALL
CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING
EXISTING RATES TO BE UNREASONABLE; ADOPTING
TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT
WITH THE NEGOTIATED SETTLEMENT AND FINDING THE
RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST
AND REASONABLE; REQUIRING THE COMPANY TO
REIMBURSE CITIES’ REASONABLE RATEMAKING
EXPENSES; REPEALING CONFLICTING RESOLUTIONS OR
ORDINANCES; DETERMINING THAT THIS ORDINANCE WAS
PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF
THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS
CLAUSE; DECLARING AN EFFECTIVE DATE; PROVIDING A
MOST FAVORED NATIONS CLAUSE; AND REQUIRING
DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE
STEERING COMMITTEE’S LEGAL COUNSEL.
WHEREAS, the Town of Trophy Club, Texas (“Town”) is a gas utility
customer of Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or
“Company”), and a regulatory authority with an interest in the rates and charges
of Atmos Mid-Tex; and
WHEREAS, the Town is a member of the Atmos Cities Steering
Committee (“ACSC”), a coalition of approximately 164 similarly situated cities
served by Atmos Mid-Tex that have joined together to facilitate the review of and
response to natural gas issues affecting rates charged in the Atmos Mid-Tex
service area; and
WHEREAS, pursuant to the terms of the agreement settling the
Company’s 2007 Statement of Intent to increase rates, ACSC Cities and the
Company worked collaboratively to develop a Rate Review Mechanism (“RRM”)
tariff that allows for an expedited rate review process controlled in a three-year
experiment by ACSC Cities as a substitute to the current Gas Reliability
Infrastructure Program (“GRIP”) process instituted by the Legislature; and
WHEREAS the Town took action in 2008 to approve a Settlement
Agreement with Atmos Mid-Tex resolving the Company’s 2007 rate case and
authorizing the RRM tariff; and
Town Council Page 51 of 112 Meeting Date: Monday, October 7, 2013
WHEREAS, in 2013, ACSC and the Company negotiated a renewal of the
RRM tariff process for an additional five years; and
WHEREAS, the Town passed an ordinance renewing the RRM tariff
process for the Town for an additional five years; and
WHEREAS, the RRM renewal tariff contemplates reimbursement of ACSC
Cities’ reasonable expenses associated with RRM applications; and
WHEREAS, on or about July 15, 2013, the Company filed with the Town
its first annual RRM filing under the renewed RRM tariff, requesting to increase
natural gas base rates by $22.7 million; and
WHEREAS, ACSC coordinated its review of Atmos Mid-Tex’s RRM filing
through its Executive Committee, assisted by ACSC attorneys and consultants,
to resolve issues identified by ACSC in the Company’s RRM filing; and
WHEREAS, the ACSC Executive Committee, as well as ACSC’s counsel
and consultants, recommend that ACSC Cities approve the attached rate tariffs
(“Attachment A” to this Ordinance), which will increase the Company’s revenues
by $16.6 million; and
WHEREAS, the attached tariffs implementing new rates are consistent
with the negotiated resolution reached by ACSC Cities and are just, reasonable,
and in the public interest;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the findings set forth in this Ordinance are hereby in all
things approved.
Section 2. That the Town Council finds the existing rates for natural gas
service provided by Atmos Mid-Tex are unreasonable and new tariffs which are
attached hereto and incorporated herein as Attachment A, are just and
reasonable and are hereby adopted.
Section 3. That Atmos Mid-Tex shall reimburse the reasonable
ratemaking expenses of the ACSC Towns in processing the Company’s RRM
application.
Section 4. That to the extent any resolution or ordinance previously
adopted by the Council is inconsistent with this Ordinance, it is hereby repealed.
Town Council Page 52 of 112 Meeting Date: Monday, October 7, 2013
Section 5. That the meeting at which this Ordinance was approved was in
all things conducted in strict compliance with the Texas Open Meetings Act,
Texas Government Code, Chapter 551.
Section 6. That if any one or more sections or clauses of this Ordinance is
adjudged to be unconstitutional or invalid, such judgment shall not affect, impair
or invalidate the remaining provisions of this Ordinance and the remaining
provisions of the Ordinance shall be interpreted as if the offending section or
clause never existed.
Section 7. That if ACSC determines any rates, revenues, terms and
conditions, or benefits resulting from a Final Order or subsequent negotiated
settlement approved in any proceeding addressing the issues raised in Atmos’
2013 RRM filing would be more beneficial to the ACSC Cities than the terms of
the attached tariffs, then the more favorable rates, revenues, terms and
conditions, or benefits shall additionally and automatically accrue to the ACSC
cities, including the Town, without the need for Town to take any further action. If
this automatic adjustment occurs, Atmos Mid-Tex shall promptly thereafter file
with the Town an amended tariff documenting the adjustment to rates.
Section 8. That this Ordinance shall become effective from and after its
passage with rates authorized by attached tariffs to be effective for bills rendered
on or after November 1, 2013.
Section 9. That a copy of this Ordinance shall be sent to Atmos Mid-Tex,
care of Chris Felan, Manager of Rates and Regulatory Affairs, at Atmos Energy
Corporation, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to
Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle &
Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725.
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas, this the 7th day of October, 2013.
_______________________________
Connie White, Mayor
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Tammy Ard, Town Secretary
Town of Trophy Club, Texas
Town Council Page 53 of 112 Meeting Date: Monday, October 7, 2013
[SEAL]
APPROVED AS TO FORM:
_________________________________________
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
Town Council Page 54 of 112 Meeting Date: Monday, October 7, 2013
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Town Council Page 63 of 112 Meeting Date: Monday, October 7, 2013
STAFF REPORT
The Town, along with approximately 164 other cities served by Atmos Energy Mid-Tex
Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering
Committee (“ACSC”). On or about July 15, 2013, Atmos Mid-Tex filed with the Town an
application to increase natural gas rates pursuant to the Rate Review Mechanism (“RRM”) tariff
renewed by the Town in 2013 as a continuation and refinement of the previous RRM rate review
process. This is the first annual RRM filing under the renewed RRM tariff.
The Atmos Mid-Tex RRM filing sought a $22.7 million rate increase system -wide based
on an alleged test-year cost of service revenue deficiency of $25.7 million. The Town worked
with ACSC to analyze the schedules and evidence offered by Atmos Mid-Tex to support its
request to increase rates. The Ordinance and attached rate tariffs are the result of negotiations
between ACSC and the Company to resolve issues raised by ACSC during the review and
evaluation of Atmos Mid-Tex’s RRM filing.
The Ordinance resolves the Company’s RRM filing by authorizing additional revenues to
the Company of $16.6 million system -wide. For purposes of comparison, this negotiated result
is about $11 million less than what ACSC’s consultants calculated that Atmos would have been
entitled to if Atmos had filed a case under the Gas Reliability Infrastructure Program (“GRIP”)
rather than an RRM case. The settlement is expected to increase the average residential
customer’s bill by approximately $0.74 per month. An Average Bill Comparison of base rates
has been prepared for residential, commercial, industrial, and transportation customers.
The ACSC Executive Committee and ACSC legal counsel recommend that all ACSC
Cities adopt the Ordinance implementing the rate change.
RRM Background:
The RRM tariff was originally approved by ACSC Cities as part of the settlement
agreement to resolve the Atmos Mid-Tex 2007 system-wide rate filing at the Railroad
Commission. In early 2013, the Town adopted a renewed RRM tariff for an additional five
years. Atmos Mid-Tex’s July 2013 filing was made pursuant to the renewed RRM tariff.
The RRM tariff and the process implementing that tariff were created collaboratively by
ACSC and Atmos Mid-Tex as an alternative to the legislatively-authorized GRIP surcharge
process. ACSC has opposed GRIP because it constitutes piecemeal ratemaking, does not allow
any review of the reasonableness of Atmos’ expenditures, and does not allow participation by
cities or recovery of cities’ rate case expenses. In contrast, the RRM process has allowed for a
more comprehensive rate review and annual adjustment as a substitute for GRIP filings.
ACSC’s consultants have calculated that had Atmos filed under the GRIP provisions, it would
have received additional revenues from ratepayers in excess of $28 million.
Purpose of the Ordinance:
Rates cannot change without the adoption of rate ordinances by cities. No related matter
is pending at the Railroad Commission. The purpose of the Ordinance is to approve rates
Town Council Page 64 of 112 Meeting Date: Monday, October 7, 2013
(shown on “Attachment A” to the Ordinance) that reflect the negotiated rate changes pursuant to
the RRM process and to ratify the recommendation of the ACSC Executive Committee.
As a result of the negotiations, ACSC was able to reduce the Company’s requested $22.7
million RRM increase to $16.6 million. Approval of the Ordinance will result in the
implementation of new rates that increase Atmos Mid-Tex’s revenues effective November 1,
2013.
Reasons Justifying Approval of the Negotiated Resolution:
Consultants working on behalf of ACSC Cities have investigated the support for the
Company’s requested rate increase. While the evidence does not support the $22.7 million
increase requested by the Company, ACSC’s consultants agree that the Company can justify an
increase in revenues of some lesser amount. The agreement on $16.6 million is a compromise
between the positions of the parties.
The alternative to a resolution of the RRM filing would be a GRIP filing by the
Company, based upon the Railroad Commission’s decision in the 2012 rate case. A GRIP filing
would entitle the Company to receive more than $28 million in additional revenues, with ACSC
being precluded from reviewing the reasonableness of the GRIP filing. The ACSC Executive
Committee recommends that ACSC members take action to approve the Ordinance authorizing
new rate tariffs.
No Changes to Residential Customer Charges:
For the first annual filing under the revised RRM tariff, the Company agreed to forgo any
change to the residential customer charge. Therefore, for the 2013 RRM, the result of the filing
will not increase the residential customer charge, and the entirety of the increase to the
residential class will be applied to the commodity (natural gas consumption) component of rates.
Explanation of “Be It Ordained” Paragraphs:
1. This paragraph approves all findings in the Ordinance.
2. This section adopts the attached tariffs (“Attachment A”) in all respects and finds
the rates set pursuant to the attached tariffs to be just, reasonable and in the public interest. Note
that only new tariffs or existing tariffs being revised are attached to the Ordinance. Existing
tariffs not being changed in any way are not attached to the Ordinance.
3. This section requires the Company to reimburse ACSC for reasonable ratemaking
costs associated with reviewing and processing the RRM application.
4. This section repeals any resolution or ordinance that is inconsistent with this
Ordinance.
5. This section finds that the meeting was conducted in compliance with the Texas
Open Meetings Act, Texas Government Code, Chapter 551.
Town Council Page 65 of 112 Meeting Date: Monday, October 7, 2013
6. This section is a savings clause, which provides that if any section(s) is later
found to be unconstitutional or invalid, that finding shall not affect, impair or invalidate the
remaining provisions of this Ordinance. This section further directs that the remaining
provisions of the Ordinance are to be interpreted as if the offending section or clause never
existed.
7. This section is a “most favored nations” clause. It provides that if the Company
settles with other parties on better terms than agreed to with the ACSC Cities, the ACSC Cities
(including the Town) will automatically receive the benefit of those better terms.
8. This section provides for an effective date upon passage.
9. This paragraph directs that a copy of the signed Ordinance be sent to a
representative of the Company and legal counsel for ACSC.
Town Council Page 66 of 112 Meeting Date: Monday, October 7, 2013
Town Council Page 67 of 112 Meeting Date: Monday, October 7, 2013
Town Council Page 68 of 112 Meeting Date: Monday, October 7, 2013
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4166249.1 1
MODEL STAFF REPORT
The City, along with approximately 164 other cities served by Atmos Energy Mid-Tex
Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering
Committee (“ACSC”). On or about July 15, 2013, Atmos Mid-Tex filed with the City an
application to increase natural gas rates pursuant to the Rate Review Mechanism (“RRM”) tariff
renewed by the City in 2013 as a continuation and refinement of the previous RRM rate review
process. This is the first annual RRM filing under the renewed RRM tariff.
The Atmos Mid-Tex RRM filing sought a $22.7 million rate increase system-wide based
on an alleged test-year cost of service revenue deficiency of $25.7 million. The City worked
with ACSC to analyze the schedules and evidence offered by Atmos Mid-Tex to support its
request to increase rates. The Ordinance and attached rate tariffs are the result of negotiations
between ACSC and the Company to resolve issues raised by ACSC during the review and
evaluation of Atmos Mid-Tex’s RRM filing.
The Ordinance resolves the Company’s RRM filing by authorizing additional revenues to
the Company of $16.6 million system -wide. For purposes of comparison, this negotiated result
is about $11 million less than what ACSC’s consultants calculated that Atmos would have been
entitled to if Atmos had filed a case under the Gas Reliability Infrastructure Program (“GRIP”)
rather than an RRM case. The settlement is expected to increase the average residential
customer’s bill by approximately $0.74 per month. An Average Bill Comparison of base rates
has been prepared for residential, commercial, industrial, and transportation customers.
The ACSC Executive Committee and ACSC legal counsel recommend that all ACSC
Cities adopt the Ordinance implementing the rate change.
RRM Background:
The RRM tariff was originally approved by ACSC Cities as part of the settlement
agreement to resolve the Atmos Mid-Tex 2007 system-wide rate filing at the Railroad
Commission. In early 2013, the City adopted a renewed RRM tariff for an additional five years.
Atmos Mid-Tex’s July 2013 filing was made pursuant to the renewed RRM tariff.
The RRM tariff and the process implementing that tariff were created collaboratively by
ACSC and Atmos Mid-Tex as an alternative to the legislatively-authorized GRIP surcharge
process. ACSC has opposed GRIP because it constitutes piecemeal ratemaking, does not allow
any review of the reasonableness of Atmos’ expenditures, and does not allow participation by
cities or recovery of cities’ rate case expenses. In contrast, the RRM process has allowed for a
more comprehensive rate review and annual adjustment as a substitute for GRIP filings.
ACSC’s consultants have calculated that had Atmos filed under the GRIP provisions, it would
have received additional revenues from ratepayers in excess of $28 million.
Purpose of the Ordinance:
Rates cannot change without the adoption of rate ordinances by cities. No related matter
is pending at the Railroad Commission. The purpose of the Ordinance is to approve rates
Town Council Page 87 of 112 Meeting Date: Monday, October 7, 2013
4166249.1 2
(shown on “Attachment A” to the Ordinance) that reflect the negotiated rate changes pursuant to
the RRM process and to ratify the recommendation of the ACSC Executive Committee. Please
make sure that the tariffs are attached when the Ordinance is passed by the City Council.
As a result of the negotiations, ACSC was able to reduce the Company’s requested $22.7
million RRM increase to $16.6 million. Approval of the Ordinance will result in the
implementation of new rates that increase Atmos Mid-Tex’s revenues effective November 1,
2013.
Reasons Justifying Approval of the Negotiated Resolution:
Consultants working on behalf of ACSC Cities have investigated the support for the
Company’s requested rate increase. While the evidence does not support the $22.7 million
increase requested by the Company, ACSC’s consultants agree that the Company can justify an
increase in revenues of some lesser amount. The agreement on $16.6 million is a compromise
between the positions of the parties.
The alternative to a resolution of the RRM filing would be a GRIP filing by the
Company, based upon the Railroad Commission’s decision in the 2012 rate case. A GRIP filing
would entitle the Company to receive more than $28 million in additional revenues, with ACSC
being precluded from reviewing the reasonableness of the GRIP filing. The ACSC Executive
Committee recommends that ACSC members take action to approve the Ordinance authorizing
new rate tariffs.
No Changes to Residential Customer Charges:
For the first annual filing under the revised RRM tariff, the Company agreed to forgo any
change to the residential customer charge. Therefore, for the 2013 RRM, the result of the filing
will not increase the residential customer charge, and the entirety of the increase to the
residential class will be applied to the commodity (natural gas consumption) component of rates.
Explanation of “Be It Ordained” Paragraphs:
1. This paragraph approves all findings in the Ordinance.
2. This section adopts the attached tariffs (“Attachment A”) in all respects and finds
the rates set pursuant to the attached tariffs to be just, reasonable and in the public interest. Note
that only new tariffs or existing tariffs being revised are attached to the Ordinance. Existing
tariffs not being changed in any way are not attached to the Ordinance.
3. This section requires the Company to reimburse ACSC for reasonable ratemaking
costs associated with reviewing and processing the RRM application.
4. This section repeals any resolution or ordinance that is inconsistent with this
Ordinance.
Town Council Page 88 of 112 Meeting Date: Monday, October 7, 2013
4166249.1 3
5. This section finds that the meeting was conducted in compliance with the Texas
Open Meetings Act, Texas Government Code, Chapter 551.
6. This section is a savings clause, which provides that if any section(s) is later
found to be unconstitutional or invalid, that finding shall not affect, impair or invalidate the
remaining provisions of this Ordinance. This section further directs that the remaining
provisions of the Ordinance are to be interpreted as if the offending section or clause never
existed.
7. This section is a “most favored nations” clause. It provides that if the Company
settles with other parties on better terms than agreed to with the ACSC Cities, the ACSC Cities
(including the City) will automatically receive the benefit of those better terms.
8. This section provides for an effective date upon passage.
9. This paragraph directs that a copy of the signed Ordinance be sent to a
representative of the Company and legal counsel for ACSC.
Town Council Page 89 of 112 Meeting Date: Monday, October 7, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-615-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/2/2013 Town Council
On agenda:Final action:10/7/2013
Title:Consider and take appropriate action regarding the appointment of a committee of Council Members
for legislative office interactions.
Attachments:
Action ByDate Action ResultVer.
Consider and take appropriate action regarding the appointment of a committee of Council Members for legislative office
interactions.
Town Council Page 90 of 112 Meeting Date: Monday, October 7, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-618-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/2/2013 Town Council
On agenda:Final action:10/7/2013
Title:Consider and take appropriate action regarding a Resolution amending Resolution No. 2013-11
appointing residents to serve as Directors of the Trophy Club Crime Control and Prevention District
(“TCCCPD”) in order to appoint a resident to a vacant seat for the remainder of an unexpired term and
to designate expiration dates for the terms of office of each of the Directors; and providing an effective
date.
Attachments:Mark Chapman CCPD Application.pdf
Patrick Arata CCPD Application.pdf
Scott Spooner CCPD Application.pdf
ccpd vacancy appt staff report.pdf
Res 2013-28 amending Resolution No 2013-11 Appointing Permanent Board of Directors CCPD.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding a Resolution amending Resolution No. 2013-11 appointing residents to serve as
Directors of the Trophy Club Crime Control and Prevention District (“TCCCPD”) in order to appoint a resident to a vacant seat for the
remainder of an unexpired term and to designate expiration dates for the terms of office of each of the Directors; and providing an
effective date.
Town Council Page 91 of 112 Meeting Date: Monday, October 7, 2013
Jul 16 l~013 15:00 Hewlett-Packard, Inc. 817-490-8915 p.2
RECEIVEI)
JUL 1 ~ 2013 PTown of Trophy Club
BOARD and COMMISSION APPLICATION
BY; /lA~L~ I
IPlease check the appropriate Board, Commission, or Advisory Groups(s)
Cl Citizen Financial Advisory Board LJ Ethics Commission
Qif Crima Control and Prevention [)istric;t 0 Parks and Recreation Board
o E.conomic Development C'..orporotlon 48 0 Planning and Zoning Commission·"
t:J Zoning Board of Adjustment
"'. Additional Application Form Required
"" .. __ .._._ W(L~trt:!!1[fIy.~ncC?urBge that a br(ef resum..e be submitted along with the application.
.... -.. -.-~
E-mail: Wlf!o",/t v../(J,>'\c.t ,,¥!~r.k_~jo~dj I.",."
Address: _,_.__ .or......._.. ___.:.._~-__
How Long?"' _ ~.y~M.~.:E____ Phone (I-lome): "__'_••'___ ..__ ........:.-..,.,_,. (Work):
NarYie:
Cell Phone: ,~L?..:-"_f.J-IJ . .f:'_
Registered Voter? ~Yes 0 No Certificate Nlimber:1Jt::."t.l 715" 7-Q ~_'\__..._.__...._...'.'
Occupation, ExperiencelDegrees Held? .~l~..,,~J, 5vff?9111-1::1;,1 no('~!::.) '10+ }'~Q("" }II' tf/u5/9{LJrs b~
Why do you want to serve on this group? T.,..j.J~~,<-._.twt.. l k +1,-4.. .t t?!y1 h1(LI1.l.i/-__~ .__...._
Do you have any potential conflicts of interest? ..L.~'-""_.________. _____
TEXAS OPEN RECORDS ACT
Notice to Apl)lIcan1S: Once Iwbmitlcd, inforrrmtion contained tn and included with this application is considered public record lind
must be releasad if a requesl Is made. According to Government Code Seclion 552.024 allch employoo or offidal of II governmental
body Bnd each (ortner employee and official of £j governmental body 9hall choose whethor to IJllow public access to (he information
In the cu:;tody of the governmental body thllt relates to the person's home address, home telephone number. and o-mall addro!lS,
Each employee und official and each former employee Dnd officilll shall state lheir chClice 10 (he Town ScCtelary's oWeo.
PI~nse Indicate with an X your decisions.
Home Address
Home Phone NUr(lber
Cell Phone Number
.~~ail Address
~~. _~ ~~ ~_~~I 4~_ ~___ ___ ---"-__
Offlclal fgnature
p J_::_JJI)-:_~L2.____~_.___.__.____ .
..__~ ___ .___
Dale Submllted Received by: _____.. ___.___,___
""ppllctll1t RequIrement for BOllrds or Commls»lons
Apr1icnnls for boards Qr cOmITliGSiono mu~1 be registered voters find fer;idents (01' six months. Board and commission members must be
Trophy Club residents for at lel'ilst six months as well or; reglstored voters prior to their appo/nlmonl, With Ihe exception of the Plannlnu
and loning Commission, Zoning Board of Adjustment nnd Ule Economic Development Boards. based upon good cause shown. Council
may walvo the voter registration requirement for 0 person appOinted 10 a Board, CommIssion, or Citizen Advisory Group that does 1101
tn,lke reCQlnrnerldntiol1S for Council £1pproval. Tho techniC<ll expertise of applicants may be a consideration in gllinlng appointment.
Town Council Page 92 of 112 Meeting Date: Monday, October 7, 2013
---
, I
Town of Trophy Club
BOARD and COMMISSION APPLICATION JUL 1 0 2013
.--,~~~ ---, .... -',... " -._-" _. . -
Please check the appropriate Board, Commission, or Advisory Groufd(ti
o Citizen Financial Advisory Board 0 Ethics Commission
I til Crime Control and Prevention District :;. Parks and Recreation Board
1.-'f4 Economic Development Corporation 48 0 Planning and Zoning Commission H
o Zoning Board of Adjustment
.... Additional Application Form Required
We st"ongJx ~!!courafl!! that a brief resUlm~ be submitted along with the ape.'ication ...
Name: Patrick Arata E-mail: Pat 1811(il~aol,c(Jm
Address: -------_.,.•.__.._... _.. --_......__ ..., ..._...._,.... --_......._
Phone (Home): (Work):
Cell Phone:
Registered Voter? [~ Yes [] No Certificate Number:
Occupation, Experience/Degrees Held? Sp(~~.!91/\ge.'~I:..~_S, D!:~~.ntorcemer!I_I\~r.':linlstrC1tj~~_______...__.._,__
Why do you want to serve on this group? I want to serVH the
Do you have any potential conflicts of interest? No__
Do you have any related experience? I have be(;H1 in law enforcement lor 22 _~~.~~g w~lIchl.~~~!:"~e..r~~d in~A,MS
and VA .. I als_o have experienc(:: ill governrnl)nt
What do you feel you have to offer this group? I Wfln! to help anci 111E]Ve experience in b()t~1 nrnlPrrlmp worl\ and _._------
TEXAS OPEN RECORDS ACT
Notice to Applicants: Once submitted, information contained in and included with this application is considered public record and
must be released if a request is made. According to Government Code Section 552.024 each emrloyt;6 or official of a governmental
body and each former employee and official of a governmental body shall choose whether to allow public access to tho information
in the cllstody of the governmental body that ralates to the person's home address, home telephone number, and a-mail address.
Each employee and official and each former employee and official shall state their choice to the Town Secretary's office,
Plemm Indicate with an X your decisions.
ALLOW PUBLIC ACCESS
Home Address Yes No x-"-,---
Home Phone Number Yes No x---.------..-..-_----.......-
Cell Phone Number Yes No x
Yes Y No41/-/? J_E-mail Address ----~...-~ ---~---~
----1 ..·----..LiS. ........... __ ..._-- for;e,((j~ ___AvcJQ.._~~__ _____~.~___ .__..__ .~__ .... __...~._.
Official Signature Official Name (Please Print)
7/10/11
--"---'-'~---------"~------'~--'---' --------"-.----------~---.
Date Submitted Received by: ""._...........
..Applicant Requirement for Boards or Commissions
Applicnnts for boards or commissions must be registered votero and residents for six months. Board and commission members JIlllst be
Trophy Club residents for at least six months as well as registered voters prior to their appointment With the exception of the Planning
and Zoning Commission, Zoning Board of Adjustment and the Economic Development Boards, baued upon good cause shown, Council
may waive the voter registration requirement for a person appointed to a l3omd, Commission, or Citizen Advisory Group that does 110t
mal(e recommendations for Coundl approval. The technical eXflfH1ise of applicants may be a consideration in gaining arpointment
Town Council Page 93 of 112 Meeting Date: Monday, October 7, 2013
Patrick G. Arata
U. ,-"y. Drug Enforcement Administration
I was promoted to the Assistant Special Agent in Charge of the Drug
Enforcement Administration's Aviation Division in August 2010. As such, I
am responsible for the effective operational management of the aviation
program which provides critical avi8tion support to DEA's worldwide
mISSIOn.
I began his employment with the DEA in 1990, with his first assignment to
the Los Angeles Field Division.
In 2003, r was promoted to a Supervisory Special Agent at the Jackson,
Mississippi District Office. As a group supervisor in Jackson, MS, J was
highly successful in strengthening relationships between other local, state
and federal agencies involved in the counterdrug mission throughout the
State of Mississippi.
In 2008, I was transferred to DEA Headquarters in Washington D.C., where
I served as a Staff Coordinator in the Office of Diversion Control, Synthetic
Drugs & Chemicals Section.
During my career, I has been the recipient of numerous awards and
commendations.
Town Council Page 94 of 112 Meeting Date: Monday, October 7, 2013
---
Town of Trophy Club
BOARD and COMMISSION APPLICATION
Please check the appropriate Board, Commission, or Advisory Groups(s)
o Citizen Financial Advisory Board 0 Ethics Commission
X Crime Control and Prevention District 0 Parks and Recreation Board
o Economic Development Corporation 4B 0 Planning and Zoning Commission **
o Zoning Board of Adjustment
** Additional Application Form Required
We stro'2g!>: encourage that D b[ief (I!..§ume bl!!. subm!((ed alonu with the application.
!\lame: E-mail:
.-......~-..-.-----~~
How Long?* . 15 _CC--=--.._~_..__ Phone (Home): 8.1.....:....._._~.....::.::=-=-=._______._ (Work):
Cell Phone:
Registered Voter? GJ Yes [] No Certificate Number: 485628----_... _---_._-
Occupation, Experience/Degrees Held? Director -S~J2J~!X Chain, BSMJ~.{M..~chanicaL~t:1g1~~E3.rl_.__.__ .~_.._
Why do you want to serve on this group? JJ1.tl"l!!.~()Jl1~leJl!!..9Jh~_nQehyg.~~b_Cit!~_~Q~police..69~~~E!JY__._..__
_D~_c;em~~r!.201 ~_~.llcL~!!LCl!!'active !!1em_~er_qfJhe Trop~y_QllJ.b Emergency.J(()!lJ_nl~ers Association. _..~.u.
Do you have any potential conflicts of interest? I no cOQflicts--.2J intert?.El:__. ____________._.__.
-_._._-------_.__..._.._--...... ---_...
Do you have any related experience? J~_~'y'e no di!e~~0perience ~~_t.3RQ!ice officer, h9weV f?f, ml0?[()tt~~r
~£1.~ ?..gaQ!§lnl~Jj1e $.h~rriff Dep~~tr:.nel}t ov~r~Quy~a.!sa.nd my father~in~@~~.police officer for?f>
What do you feel you have to offer this group? ..L~i!ru;~r.Q.\~t~e E!_!J_l:'silles§.l.~ngine.~~ing and.cJ!i.zen vie~J~L.
to the [J()sHiQD:_ .-.. --.-•.......••-... -_...._.......•_----_.__ ... --.-_..._..__..._.__._--._-._...•__._-
TEXAS OPEN RECORDS ACT
Notice to Applicants: Once submitted, information contained in and included with this application is considered public record and
must be released if a request is made. According to Government Code Section 552.024 each employee or official of a governmental
body and each former employee and Official of a governmental body shall choose whether to allow public access to the information
in the custody of the governmental body that relates 10 the person's home address, home telephone number, and e-mail address.
Each employee and official and each former employee and officlal shall state their choice to the Town Secretary's office.
Pleaso indicate with an X your decisions.
ALLOW PUBLIC ACCESS
Home Address Yes x No ___
Home Phone Number Yes x No
Cell Phone Number Yes No x
E-mail Address Yes No x
C)) C) ScottSpooner ----'" .--~<~~<:::~~.:-::~.-
Official Signature "(.1-Official Name (Please -Print)~'
07/29/13
Date Received by: ___....__...
"I\ppllcant Requirement for Boards or Commissions
Applicants for boards or cOllllllissions must bo registered voters and residents for six months. Board and commission members mllst be
Trophy Club residents for at least six months as well as registered voters prior to their appointment. With the exception of the Plannin~
and Zoning Commission, Zoning Board of Adjustment and the Economic Development Boards, based upon good cause shown, Council
may waive the voter registration requirement for a person appointed to a Board, Commission, or ,Citize.n A?vis~~ Group t,hat does not
mal<e recommendations for Council approval. Tile tochnical expertise of applicants may be a conSideration In gaining appomtment.
Town Council Page 95 of 112 Meeting Date: Monday, October 7, 2013
Scott Spooner
2 Creekmere Drive
Trophy Club, TX 76262
817 ·491 ~8365
Diverse professional with over 25 years experience in manufacturing operations, quality,
engineering, sales and facilities.
* Industries served include medical devices, pharmaceuticals, aerospace, defense and
energy
* Excellent Supply Chain Management background
* Know for being reliable and honest, high integrity
.",. Reputation for being an accomplished leader
.,. Goal and success oriented
.,. Operates within budgets
.,. Implemented several successful cost savings programs
.,. Led efforts to implement ISO 9002 and ERP
.,. Experience in facility construction and start-up
Specialties: Operations management, suppfy chain management, production control
and planning, purchasing, manufacturing, product development, quality, facilities, and
sales management.
Dir'ector ~ SUflt!!Y Chain
QsteoMed
February 2003 -Present (10 years 6 months)
Develops, manufactures and markets craniomaxillofacial, neurosurgical and small bone
orthopedic implants and instruments .
.. Responsible for all aspects of operations including; manufacturing, assembly, service,
production planning and control, purchasing and facilities
* Maintained 99%+ service level since 2006
* Consistently operated within budget since 2003
* Achieved over $6.3MM in cost savings
* Responsible for $7MM budget
'I< Co-Chair for successful ERP implementation
Town Council Page 96 of 112 Meeting Date: Monday, October 7, 2013
" Established Supply Chain Management Team (SCMT) and improved supplier
performance
" Hesponsible for 1?,OOO sq. ft. ($1.7MM) facility expansion
gngineering{Qp~.rations Manager
August 1998 -October 2002 (4 years 3 months)
Drug discovery and radiopharmaceuticals manufacturer providing processing of cancer
drugs. Previously manufactured medical devices (brachytheraphy seeds) for the
treatment of prostate cancer (formerly International Isotopes, Inc.).
" Start-up and operation of pharmaceutical manufacturing facility
'k Managed 100,000 sq. ft. facility, including 20,000 sq. ft. cleanroom
" Responsible for $2.6MM facilities/engineering operating budget
" Developed brachytherapy manufacturing process
" Hired, trained and supervised manufacturing personnel
Vice Presiqent M Quality
MIC Group
,January 1991 -August 1998 (7 years 8 months)
Leading contract manufacturer of precision machined parts, electronic and electro
mechanical components and assemblies.
Vice President of Quality (1996 M 1998)
Sales Manager (1994-1996)
Quality Manager (1991-1994)
" Responsible for implementing and certification to ISO 9002 in 12 months
" Established company-wide performance measurement system
" Implemented cost savings program resulting in $500K savings
" Impmved margins by implementing job cost analysis program
" Initiated operator in-process inspection to improve quality and reduce costs
" Increased sales from $12.5MM to $22.7MM (1995-1997)
" Saved $105K in selling expenses
Town Council Page 97 of 112 Meeting Date: Monday, October 7, 2013
Assistant Program Manager
.M~rquardt
March 1987 -January 1991 (3 years 11 months)
Engineering, manufacturing and test company providing a variety of products for
defense and aerospace companies.
Assistant Program Manager
Industrial Engineering Specialist
.. Assistant Program Manager for $'16MM/155,OOOO sq. ft. manufacturing facility
construction
.. Major contributor for $321V1M defense contract (awarded 1988)
.. Managed automated equipment design, installation and start-up
* Planned facility layout for efficient production flows
Manufactllr111..Q Engineer
Kernlon Product~
August 1980 -March 1987 (6 years 8 months)
Manufacturer of electro-mechanical parts and assemblies used in hostile environments.
* Hesponsible for start-up and operations of laser and electron beam (EB) welding
department
* Designed, manufactured and tested custom laser/EB welded products
* Consulted with customers on laser/EB welding designs to improve manufacturability
and reduce costs
.. Designed welding fixtures and equipment modifications
.. Established profitable job shop to offset department operating costs
Town Council Page 98 of 112 Meeting Date: Monday, October 7, 2013
Town of Trophy Club
To: Mayor and Town Council
From: Chief Kniffen
CC: Mike Slye, Town Manager
Re: Town Council Meeting October 7, 2013
___________________________________________________________________
Agenda Item:
Consider and take appropriate action to appoint a Crime Control and Prevention District Board
member for the vacant position.
Explanation:
On May 11, 2013, the Town election resulted in the creation of a Crime Control and Prevention
District (CCPD). Of the seven members of the temporary CCPD board, six members
volunteered to stay on as permanent members. A quorum of the board is four members. Since
the board was soon meeting to review the plan and budget it was decided to to appoint the
seventh member during the normal appointment time frame.
The Board met and interviewed three candidates then selected Patrick Arata to fill the vacant
position.
Attachments:
None
Town Council Goals:
Goal #1: Safe and secure community.
Maintain low crime rate
Increase citizen awareness and involvement in crime prevention
Provide superior Emergency Services
Improve data security
Recommendation:
Management recommends the appointment of Patrick Arata to fill the vacant position.
Town Council Page 99 of 112 Meeting Date: Monday, October 7, 2013
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2013-28
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS AMENDING RESOLUTION NO. 2013-11
APOINTING PERSONS RESIDING WITHIN THE TOWN TO SERVE AS
DIRECTORS OF THE TROPHY CLUB CRIME CONTROL AND
PREVENTION DISTRICT (“TCCCPD”) IN ORDER TO APPOINT A
RESIDENT TO A VACANT SEAT FOR THE REMAINDER OF AN
UNEXPIRED TERM AND TO DESIGNATE EXPIRATION DATES FOR
ALL SEATS; APPOINTING ONE (1) MEMBER TO SERVE IN A
VACANT SEAT AND DESIGNATING THE EXPIRATION DATE FOR
THE TERMS OF OFFICE FOR EACH OF THE DIRECTORS AS
PREVIOUSLY DETERMINED BY THE BOARD; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town is empowered under §51.001 of the Texas Local
Government Code to adopt a resolution that is for the good government of the Town;
WHEREAS, the Town Council is required by statute to appoint seven (7) persons
who reside in the proposed district to serve as a Board of Directors for the newly
created TCCCPD (the “Board”), and
WHEREAS, on June 3, 2013, Town Council took action to adopt Resolution No.
2013-11 appointing six (6) members who had served on the Temporary Board to serve
as Directors on the permanent Board, leaving one vacant seat; and
WHEREAS, at its first meeting on June 17, 2013, the Board drew lots and
designated terms of office for each of its members as required by state law; and
WHEREAS, on August 22, 2013, the Board interviewed applicants to fill the
vacant seat on the Board; and
WHEREAS, the Town Council finds and determines that the appointment of one
(1) additional person to serve on the Board of Directors for the Trophy Club Crime
Control and Prevent District should be made in accordance with this Resolution.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. The foregoing recitals are found to be true and correct and are
incorporated herein as if written word for word.
Section 2. The Town Council hereby finds that the seventh seat on the Board
of Directors of the TCCCPD should be filled by the resident named below, and that the
named resident is hereby appointed to serve for the remainder of the unexpired term,
Town Council Page 100 of 112 Meeting Date: Monday, October 7, 2013
which term expires on September 1, 2015, and further finds that the six seats previously
appointed by Resolution No. 2013-11 shall expire on the dates set forth below as
previously determined by the drawing of lots by the TCCCPD Board meeting on June
17, 2013:
Trophy Club Crime Control and Prevention District
1 Paul Glowacki (9/01/2014) 5 Timothy Gamache (9/01/2015)
2 Dena Boudreau (9/01/2014) 6 Adam Broyles (9/01/2015)
3 Christopher Davis (9/01/2014) 7 Patrick Arata (9/01/2015)
4 James Jay Isherwood (9/01/2015)
Section 3. This Resolution shall take effect from and after its date of passage in
accordance with law.
PASSED and APPROVED by the Town Council of the Town of Trophy Club,
Texas on this 7th day of October, 2013.
Connie White, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Tammy Ard, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams , Town Attorney
Town of Trophy Club, Texas
Town Council Page 101 of 112 Meeting Date: Monday, October 7, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-625-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/2/2013 Town Council
On agenda:Final action:10/7/2013
Title:Consider and take appropriate action regarding a letter to the Town from the Trophy Club Municipal
Utility District No. 1 regarding the MUD 1 Wastewater Treatment Plant Improvement Project and the
request of MUD 1 for a long term water and wastewater agreement with the Town, the Town
proposed strategic partnership agreement, and related matters.
Attachments:Letter from MUD 1 RE WW Treatment Plan Improvement Project.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding a letter to the Town from the Trophy Club Municipal Utility District No. 1
regarding the MUD 1 Wastewater Treatment Plant Improvement Project and the request of MUD 1 for a long term water
and wastewater agreement with the Town, the Town proposed strategic partnership agreement, and related matters.
Town Council Page 102 of 112 Meeting Date: Monday, October 7, 2013
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100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-627-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/2/2013 Town Council
On agenda:Final action:10/7/2013
Title:Town Council Liaison Updates; discussion of same:
Attachments:
Action ByDate Action ResultVer.
Town Council Liaison Updates; discussion of same:
Town Council Page 106 of 112 Meeting Date: Monday, October 7, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-626-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/2/2013 Town Council
On agenda:Final action:10/7/2013
Title:Town Manager Slye's update regarding the following; discussion of the same.
- Election Update
- Transportation update HWY 114/170
- TML 101st Annual Conference Tuesday, October 8, 2013 through Friday, October 11, 2013
- Tom Thumb Fuel Station update
- TCWC Garage Sale 10/19/2013
- Park Board Meeting (Tree Mitigation Appeal) 10/8/2013
- Parks and Recreation Activity Update
- Future Town Council Meeting Dates
Attachments:
Action ByDate Action ResultVer.
Town Manager Slye's update regarding the following; discussion of the same.
- Election Update
- Transportation update HWY 114/170
- TML 101st Annual Conference Tuesday, October 8, 2013 through Friday, October 11, 2013
- Tom Thumb Fuel Station update
- TCWC Garage Sale 10/19/2013
- Park Board Meeting (Tree Mitigation Appeal) 10/8/2013
- Parks and Recreation Activity Update
- Future Town Council Meeting Dates
Town Council Page 107 of 112 Meeting Date: Monday, October 7, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-628-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/2/2013 Town Council
On agenda:Final action:10/7/2013
Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional
meetings; discussion of same.
- Chamber Meeting
- Mayor's Roundtable
- TML Region 8
- MUD 1 Open House
Attachments:
Action ByDate Action ResultVer.
Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of
same.
- Chamber Meeting
- Mayor's Roundtable
- TML Region 8
- MUD 1 Open House
Town Council Page 108 of 112 Meeting Date: Monday, October 7, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-629-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/2/2013 Town Council
On agenda:Final action:10/7/2013
Title:Items for Future Agendas.
Attachments:Future Agenda Item List.pdf
Action ByDate Action ResultVer.
Items for Future Agendas.
Town Council Page 109 of 112 Meeting Date: Monday, October 7, 2013
Town of Trophy Club
Town Council
Future Agenda Items List
_________________________________________________________
1. Consider and take appropriate action regarding procurement policies and their alignment with
State statutes. (Rose, 2/1/10)
2. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling
and Production (Rose, 4/26/10)
3. Consider and take appropriate action regarding the creation of a “Going Green” initiative
throughout the Town. (White, 2/24/2011)
4. Consider and take appropriate action regarding updates to the Sign Ordinance (retail windows
and political signs) (White and Cantrell, 5/2/2011)
5. Consider and take appropriate action regarding ball park signage. (Cantrell, 6/6/2011)
6. Consider and take appropriate action regarding Food Prep Carts for sporting events and
special events and to review/update Park Policies (Cantrell, 5/7/2012)
7. Review of #10 of Chapter 8 “Nuisances”, Article I “Noise Nuisances”, Section 1.01 “Nuisances
Defined” (Schroeder, 6/21/2012)
8. Consider and take appropriate action regarding the creation of a Youth Council within
Trophy Club (White and Schroeder, 8/20/2012)
9. Consider and take appropriate action regarding reviewing the Ethics Ordinance (White, 1/21/2013)
10. Residential Property Renewal for tax incentives and grants for the recovery and renewal of
existing residential properties (Mayer 4/22/13)
11. Discussion and action for a new Town Logo (Tiffany 7/15)
12. Ordinance update regarding home occupation and number criteria for single family residential.
(Lamont 7/15)
13. An ordinance requiring that all pets must have and wear current rabies tag and owner’s
contact information. (Mayer 9/9)
14. Repeal of the ordinance requiring the registering of pets with TCPD. (Mayer 9/9)
Town Council Page 110 of 112 Meeting Date: Monday, October 7, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-630-T Name:
Status:Type:Executive Session Executive Session
File created:In control:10/2/2013 Town Council
On agenda:Final action:10/7/2013
Title:Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter
551 (the Texas Open Meetings Act), the Council will convene into closed executive session to discuss
the following:
(A) Texas Government Code Section 551.071(2). Consultation with Attorney on a matter in which the
duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct
of the State Bar of Texas clearly conflict with the Open Meetings Act:
Water and wastewater services for PID; CCN; alternative services for the PID; legislative processes
and actions; terms of representation; terms of interlocal agreement for provision of water and
wastewater services; Town assets and related matters.
Attachments:
Action ByDate Action ResultVer.
Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551 (the Texas Open
Meetings Act), the Council will convene into closed executive session to discuss the following:
(A) Texas Government Code Section 551.071(2). Consultation with Attorney on a matter in which the duty of the attorney
to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict
with the Open Meetings Act:
Water and wastewater services for PID; CCN; alternative services for the PID; legislative processes and actions; terms of
representation; terms of interlocal agreement for provision of water and wastewater services; Town assets and related
matters.
Town Council Page 111 of 112 Meeting Date: Monday, October 7, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-631-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/2/2013 Town Council
On agenda:Final action:10/7/2013
Title:Consider and take appropriate action regarding Executive Session.
Attachments:
Action ByDate Action ResultVer.
Consider and take appropriate action regarding Executive Session.
Town Council Page 112 of 112 Meeting Date: Monday, October 7, 2013