Agenda Packet P&Z 09/18/2006 - Joint Session 1
Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, September 18, 2006
6:30 P.M.
A.1 Call to order and announce a quorum.
A.2 Work Session:
Discuss and review items posted to the September 18, 2006 Agenda, specifically Item
E5.
A.3 Invocation.
A.4 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
A.5 Presentation by Dr. Rue - NISD regarding information and update on the school
district and 9/26 tour of the school for City Officials.
A.6 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.
B.1 Consent Agenda: Discuss and take appropriate action regarding two Resolutions
stating that the Town of Trophy Club has no intent to sell more than $10,000,000
of General Obligation bonds or other debt falling under the Tax Bill's definition of
Qualifying Debt during calendar year 2006.
B.2 Consent Agenda: Discuss and take appropriate action relative to: An Ordinance
amending Chapter 13, Article V, Section 5.03 of the Code of Ordinances to allow
hard top pool covers as an approved accessory structure use and to provide
regulations for same.
C.1 Parks and Recreation Board call to order and announce a quorum.
Formal report by the Park Board as to their progress since being created and their
future plans; discussion of same by Council and Park Board.
C.2 Town Council to provide direction to the Parks and Recreation Board regarding
current and future projects, goals and objectives.
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C.3 Parks and Recreation Board to Adjourn.
D.1 Planning and Zoning Commission call to order and announce a quorum.
D.2 Planning & Zoning Commission to discuss and take appropriate action relative to:
A request from Beck Properties for a waiver to the masonry construction
requirements for a proposed structure in the CR Zoning District, more specifically
located to the east of the Wastewater Treatment Facility. (Applicant: Scott Beck,
Beck Properties).
D.3 Planning and Zoning Commission to adjourn.
E.1 Discuss and take appropriate action relative to: A request from Beck Properties
for a waiver to the masonry construction requirements for a proposed structure in
the CR Zoning District, more specifically located to the east of the Wastewater
Treatment Facility. (Applicant: Scott Beck, Beck Properties).
E.2 Discuss and take appropriate action regarding an Ordinance adopting and
approving the Budget for the fiscal year beginning October 1, 2006, and ending
September 30, 2007.
E.3 Discuss and take appropriate action regarding an Ordinance fixing and levying
Municipal Ad Valorem Taxes for the fiscal year beginning October 1, 2006, and
ending September 30, 2007.
E.4 Discuss and take appropriate action regarding a Resolution approving the tax roll
of the Denton Central Appraisal District for 2006.
E.5 Discuss and take appropriate action relative to a request by Beck Properties for a
waiver to the concrete parking lot requirement in the Town's Design Standards to
allow the construction of a crushed gravel parking lot for the proposed golf
maintenance facility to be located to the east of the Wastewater Treatment
Facility. Applicant: Scott Beck, Beck Properties.
E.6 Discuss and take appropriate action repealing Resolution 2006-08 and adopting
a new Resolution appointing members to serve on EDC 4A, EDC 4B, Planning
and Zoning Commission, Tree Board and the Zoning Board of Adjustment.
E.7 Discuss and take appropriate action regarding an Ordinance amending Article
VIII , "Schedule of Fees", Chapter 1 of the Code of Ordinances, entitled
“Administration”, by amending Sections 8.03 (L), “Health Permits”, (Y),
“Stormwater Drainage Utility” and (AA) “Tree Preservation.”
E.8 Discuss and take appropriate relative to and Ordinance amending Chapter 12 of
the Code of Ordinances, entitled “Subdivision Rules and Regulations”, Article
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VIII, “Tree Preservation and Removal”, amending Sections 8.01 through 8.13 to
clarify the applicability of the Town’s Tree Preservation Ordinance.
E.9 Discuss and take appropriate action to award a contract for Town Planner
Services pursuant to responses to a Request for Proposals and authorizing
termination of the Town's contract with the current planner.
E.10 Council to discuss and provide input regarding the procedures by which Council
will move forward on Vision 2010.
E.11 Discuss and take appropriate action relative to an Ordinance amending Chapter
10 entitled, "Public Safety", Article II, entitled "Traffic and Vehicles", of the Code
of Ordinances, by amending Sections 2.05 entitled, "Parking", Subsection B.
E.12 Discuss and take appropriate action to approve financials dated August 2006.
E.13 Discuss and take appropriate action to approve Minutes dated, August 7, 2006.
E.14 Discuss the procedures and provide direction for moving forward on future
amendments to the Town Charter.
E.15 Items for Future Agenda.
F.1 Town Manager Report and Discussion Regarding Project Updates as Listed
Below: There will be no action taken regarding any individual project posted
under this item and discussion will be limited. If extensive discussion is required,
the item may be placed on a future agenda.
Administration:
· Update
Community Development:
· Update
Finance:
· Update
Information System:
· Software and Systems Update
Parks and Recreation
· Facilities and Programs
Planning & Zoning
· Zoning Submissions
Police and Fire Services
· Police Services Bureau
· Fire Services Bureau
G.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-18-2006
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-18-2006
Subject: Agenda Item No.A.3
Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-18-2006
Subject: Agenda Item No.A.4
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-18-2006
Subject: Agenda Item No.A.6
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.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-18-2006
Subject: Agenda Item No.B.1
Consent Agenda: Discuss and take appropriate action regarding two
Resolutions stating that the Town of Trophy Club has no intent to sell more
than $10,000,000 of General Obligation bonds or other debt falling under
the Tax Bill's definition of Qualifying Debt during calendar year 2006.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(rau)
Attachments: 1. Resolutions
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TOWN OF TROPHY CLUB
RESOLUTION 2006____
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, STATING AN INTENT TO LIMIT GENERAL
OBLIGATION BOND SALES OR OTHER DEBT FALLING UNDER THE
TAX BILL’S DEFINITION OF QUALIFYING DEBT IN CALENDAR YEAR
2006 TO NO MORE THAN TEN MILLION DOLLARS ($10,000,000);
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, At the September 11, 2006 meeting of the Town Council of the
Town of Trophy Club, per Ordinance 2006-31, the Council authorized approximately
$41,000 of debt financing; and
WHEREAS, In order for this debt to be considered municipal debt and therefore
the interest income from this debt to be exempt from Federal Income Tax to investors,
the Town is required to pass a resolution stating an intent to limit General Obligation
bond debt or other debt falling under the Tax Bill’s definition of qualifying debt in
calendar years 2006 (hereinafter “Qualifying Debt”); and
WHEREAS, The Town of Trophy Club has neither the intent nor authorization to
sell additional Qualifying Debt in excess of $10,000,000.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the foregoing premises are hereby adopted as findings.
Section 2. That the Town of Trophy Club has no intent to sell more than
$10,000,000 of General Obligation bonds or other debt falling under the Tax Bill’s
definition of Qualifying Debt during calendar year 2006.
Section 3. That, this Resolution shall become effective from and after its date
of passage in accordance with law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 18th day of September, 2006.
___________________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
11
_______________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_______________________________
Town Attorney
Town of Trophy Club, Texas
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TOWN OF TROPHY CLUB
RESOLUTION 2006____
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, STATING AN INTENT TO LIMIT GENERAL
OBLIGATION BOND SALES OR OTHER DEBT FALLING UNDER THE
1986 FEDERAL TAX BILL’S DEFINITION OF QUALIFYING DEBT IN
CALENDAR YEAR 2006 TO NO MORE THAN TEN MILLION DOLLARS
($10,000,000); AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, At the September 11, 2006 meeting of the Town Council of the
Town of Trophy Club, the Council, per Ordinance 2006-33, authorized approximately
$78,000 of debt financing; and
WHEREAS, In order for this debt to be considered municipal debt and therefore
the interest income from this debt to be exempt from Federal Income Tax to investors,
the Town is required to pass a resolution stating an intent to limit General Obligation
bond debt or other debt falling under the 1986 Federal Tax Bill’s definition of Qualifying
Debt in calendar year 2006 (hereinafter “Qualifying Debt”); and
WHEREAS, The Town of Trophy Club has neither the intent nor authorization to
sell additional Qualifying Debt in excess of $10,000,000.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the foregoing premises are hereby adopted as findings.
Section 2. That the Town of Trophy Club has no intent to sell more than
$10,000,000 of General Obligation bonds or other debt falling under the Tax Bill’s
definition of Qualifying Debt during calendar year 2006.
Section 3. That, this Resolution shall become effective from and after its date
of passage in accordance with law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 18th day of September, 2006.
___________________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
13
_______________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_______________________________
Town Attorney
Town of Trophy Club, Texas
14
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-18-2006
Subject: Agenda Item No.B.2
Consent Agenda: Discuss and take appropriate action relative to: An
Ordinance amending Chapter 13, Article V, Section 5.03 of the Code of
Ordinances to allow hard top pool covers as an approved accessory
structure use and to provide regulations for same.
(kcf)
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006-__
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE TOWN OF TROPHY
CLUB, TEXAS, BY REVISING CHAPTER 13, “ZONING”, ARTICLE V,
“SUPPLEMENTARY DISTRICT REGULATIONS”, SECTION 5.03,
“ACCESSORY STRUCTURES”, PARAGRAPHS (1)(a); (1)(b)(ix),
(1)(e)(i) AND 1(e)(iii) IN ORDER TO ADD PROVISIONS ALLOWING
HARD TOP POOL COVERS AND PROVIDING SCREENING
REQUIREMENTS; PROVIDING FOR INCORPORATION OF PREMISES;
PROVIDING AN AMENDMENT; PROVIDING A SAVINGS AND
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING
A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR
ON WHICH A VIOLATION OCCURS OR CONTINUESPROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club (hereinafter referred to as “Town”) is a
Home Rule Municipality acting under its Charter adopted by the electorate pursuant to
Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local
Government Code; and
WHEREAS, the Town Council has determined that zoning regulations for hard
top pool covers would be a benefit to the residents of the Town;
WHEREAS, after public notices were given in compliance with State law and
public hearings were conducted, and after considering the information submitted at
those public hearings and all other relevant information and materials, the Planning and
Zoning Commission of the Town has recommended to the Town Council the approval of
the proposed amendments to the Zoning Chapter of the Code of Ordinances, as set
forth in this Ordinance; and
WHEREAS, after due deliberation and consideration by Town Council of the
Town of Trophy Club, Texas at properly posted public hearings, the Town Council now
deems it necessary to adopt this Ordinance amending the Code of Ordinances of the
Town and of the public health, safety and welfare;
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
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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 Article V entitled, “Supplementary District Regulations” of Chapter 13,
entitled “Zoning” of the Code of Ordinances of the Town of Trophy Club, Texas, is
hereby amended to revise Section 5.03 entitled Accessory Structures (1)(a); (1)(b)(ix)
and to add sections (1)(e)(i) and (1)(e)(iii) to read as follows:
“5.03 Accessory Structures. An accessory structure shall comply in all respects with
the requirements of this ordinance applicable to the main structure, and in accordance
with the following:
All residentially zoned districts shall be subject to the following regulations.
1. Permitted Accessory Structures
a. Excluding pools and covers, accessory structures less than one hundred
twenty (120) square feet of floor area shall not require a building permit.
Hard top pool covers not greater than the allowable fence height for that
property shall not require a permit.
b. The following structures and uses shall be permitted as accessory to the
principal structure provided that none shall be a source of income to the
owner or user of the principal single-family dwelling,
i. Detached private garage in connection with any use, provided that no
such garage shall face a golf course; and provided that any detached
garage which faces a street be located a minimum of forty-five feet (45’)
from the front property line; and provided, however, that the
requirement that no such garage face any street shall not apply where
the rear yard of a lot abuts a street which is contiguous to the perimeter
of the Town, unless otherwise provided by ordinance.
ii. Cabana, pavilion, gazebo
iii. Storage/utility buildings (masonry or wood)
iv. Greenhouse (as hobby, not business)
v. Home workshop
vi. Flag Pole less than twenty feet (20’)
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vii. Tennis court/ Basketball court
viii. Guest House
ix. Swimming Pool/Hard Top Pool Cover
c. In all residentially zoned districts, when any of the foregoing permitted
residential accessory uses are detached from the principal single-family
dwelling, such accessory uses shall be located:
i. Behind the front building setback; and
ii. A minimum of twenty feet (20’) from any street right of way; and
iii. A minimum of six feet (6’) from rear and side lot lines.
d. An accessory use shall not be located within any identified easement.
e. Height Requirements / Screening Requirements:
i. Hard top pool covers shall not exceed four feet (4’) in height above the
outside perimeter of the pool.
ii. Accessory structures permitted in these districts shall not exceed one
story in height, except for storage/utility structures which shall not
exceed six feet (6’) in height.
iii. Hard top pool covers located on lots abutting golf courses or public or
private parks shall be screened from public and private view by the use
of live screening as required by this section. Live screening shall reach
a minimum height of four feet (4’) within one (1) year after the date of
initial planting; provided however, that such live screening shall at no
time exceed the height of an existing fence or six feet (6’) in height,
whichever is less.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting Hard Top Pool Covers 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
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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 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 by copying the exact Caption and Effective Date clause in the
minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in
the Ordinance records of the Town and by amending the Code of Ordinances to reflect
the changes adopted herein by Council.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision hereof shall be fined, upon
conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a
separate offense shall be deemed committed each day during or on which a violation
occurs or continues.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to the
Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by
Section 52.011 of the Texas Local Government Code.
SECTION 8.
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 11th day of September, 2006.
_______________________________
Mayor
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Town of Trophy Club, Texas
ATTEST:
_________________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_________________________________________
Town Attorney
Town of Trophy Club, Texas
20
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-18-2006
Subject: Agenda Item No.D.1
Planning and Zoning Commission call to order and announce a quorum.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-18-2006
Subject: Agenda Item No.D.2
Planning & Zoning Commission to discuss and take appropriate action
relative to: A request from Beck Properties for a waiver to the masonry
construction requirements for a proposed structure in the CR Zoning
District, more specifically located to the east of the Wastewater Treatment
Facility. (Applicant: Scott Beck, Beck Properties).
Approximate Location of Request:
At the 11 September 2006 Town Council meeting, the Council adopted an Ordinance
providing waiver requirements to the masonry regulations for buildings constructed
within the CR Zoning District. Scott Beck, Beck Properties is seeking a waiver under
this newly adopted Ordinance in order to be able to build a metal building on the
property for the Trophy Club Country Club’s maintenance facility.
Below is the approximate location of the site:
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The following criteria was adopted for consideration when reviewing a masonry waiver
request:
Code of Ordinances, Chapter 13, Article IV, “District Regulations”, Section 4.16, “CR –
Commercial Recreation”, (M)(7)(a)(i)-(v) and (b):
7. The Town Council upon either negative or positive recommendation from the
Planning & Zoning Commission shall have the power to modify masonry
regulations where the literal enforcement of this Ordinance would result in
practical difficulty or unnecessary hardship and the relief granted would not be
contrary to the public interest but would do substantial justice in accordance
with the spirit of the Ordinance.
a. For the purpose of this Ordinance, the following are established as
general conditions, ALL of which shall be met upon granting any waiver or
modification to the masonry requirements as outlined in this Section.
(i) No diminution value of surrounding properties would be suffered;
and
(ii) Granting the permit would be of benefit to the public interest and
surrounding properties; and
(iii)
A zoning restriction as applied to the owner’s property interferes with
the reasonable use of the property, considering the unique setting of
the property in its environment; and
(iv) By granting the permit, substantial justice would be done; and
(v) The use must not be contrary to the spirit of the Ordinance.
b. The burden of demonstrating all general conditions have been met and
that a modification is appropriate is upon the person requesting the
modification. The Town Council and Planning & Zoning Commission may
require a person requesting a modification to provide proof as each body
determines necessary and appropriate for the Planning & Zoning
Commission and the Town Council to evaluate the application for
modification.
(kcf)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-18-2006
Subject: Agenda Item No.D.3
Planning and Zoning Commission to adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-18-2006
Subject: Agenda Item No.E.1
Discuss and take appropriate action relative to: A request from Beck
Properties for a waiver to the masonry construction requirements for a
proposed structure in the CR Zoning District, more specifically located to
the east of the Wastewater Treatment Facility. (Applicant: Scott Beck, Beck
Properties).
EXPLANATION: The Planning & Zoning Commission will act on this item during a joint
session with the Town Council, and provide a recommendation to the Council.
(kcf)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-18-2006
Subject: Agenda Item No.E.2
Discuss and take appropriate action regarding an Ordinance adopting and
approving the Budget for the fiscal year beginning October 1, 2006, and
ending September 30, 2007.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(smd)
Attachments: 1.Ordinance - Exhibit “A” will be represented in the FY Budget
Books.
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006-XX
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS ADOPTING AND APPROVING THE BUDGET FOR
THE FISCAL YEAR BEGINNING OCTOBER 1, 2006 AND
ENDING SEPTEMBER 30, 2007, AND MAKING
APPROPRIATIONS FOR EACH DEPARTMENT,
PROJECT, OPERATION, ACTIVITY, PURCHASE,
ACCOUNT AND OTHER EXPENDITURES; PROVIDING
FOR EMERGENCY EXPENDITURES AND
EXPENDITURES AS ALLOWED BY APPLICABLE STATE
LAW; PROVIDING FOR FILING OF DOCUMENTS;
REPEALING CONFLICTING ORDINANCES; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club is a home rule municipality regulated by
state law and its Charter; and
WHEREAS, the Charter of the Town provides that the Town Manager shall
prepare a proposed budget annually and submit that budget to Council; and
WHEREAS, the proposed budget for the Town of Trophy Club, Texas (the
“Town”) which has been filed with the Town Secretary is a budget to cover all proposed
expenditures of the Town for the fiscal year beginning October 1, 2006, and ending
September 30, 2007; and
WHEREAS, the budget shows as definitely as possible each of the various
projects for which appropriations are set up in the budget, shows the estimated amount
of money carried in the budget for each of such projects, and otherwise complies with
all requirements of the home rule Charter for the Town; and
WHEREAS, public notice of a public hearing on the proposed annual budget,
stating the date, time, and place and subject matter of the public hearing, was given as
required by the laws of the State of Texas; and
WHEREAS, the Town Council has studied the budget and listened to the
comments received at the public hearing and has determined that the budget attached
hereto is in the best interest of the Town of Trophy Club.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
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SECTION 1.
APPROVING THE BUDGET
The budget attached hereto as Exhibit “A” and incorporated herein is approved
and adopted for the fiscal year beginning October 1, 2006, and ending September 30,
2007; and there is hereby appropriated from the funds indicated and for such purposes,
respectively, such sums of money for such departments, projects, operations, activities,
purchases, accounts and other expenditures as proposed in the attached budget.
SECTION 2.
PROVIDING EMERGENCY EXPENDITURES
No expenditure of the funds of the Town shall hereafter be made except in
compliance with the budget and applicable state law; provided, however, that in case of
grave public necessity emergency expenditures to meet unusual and unforeseen
conditions, which could not by reasonable, diligent thought and attention have been
included in the original budget, may from time to time be authorized by the Town
Council as amendments to the original budget.
SECTION 3.
BUDGET FILED
The Town Council shall cause to cause to be filed a true and correct copy of the
approved budget, along with this Ordinance, with the Town Secretary and in the office
of the County Clerk of Denton County, Texas.
SECTION 4.
CONFLICT
Any and all ordinances, resolutions, rules or regulations in conflict with this
Ordinance are hereby repealed and rescinded to the extent of the conflict herewith.
SECTION 5.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of this Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 6.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved
as to any and all provisions of any other Ordinance affecting budget requirements,
which have secured at the time of the effective date of this Ordinance.
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SECTION 7.
ENGROSSMENT AND ENROLLMENT
The Town Secretary is hereby directed to engross and enroll this Ordinance by
copying the Caption and Effective Date Clause in the minutes of the Town Council and
by filing this Ordinance in the ordinance records of the Town.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall be effective 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 18th day of September 2006.
______________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
__________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
___________________________________
Town Attorney
Town of Trophy Club, Texas
40
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-18-2006
Subject: Agenda Item No.E.3
Discuss and take appropriate action regarding an Ordinance fixing and
levying Municipal Ad Valorem Taxes for the fiscal year beginning October
1, 2006, and ending September 30, 2007.
EXPLANATION:
The motion to adopt a rate exceeding the effective tax rate must be made as follows: “I
move that property taxes be increased by the adoption of a tax rate of .43051.”
* Minutes will need to reflect the vote of each TC member.
RECOMMENDATION:
ACTION BY COUNCIL:
(smd)
Attachments: 1. Ordinance
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006-xx
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS FIXING AND LEVYING
MUNICIPAL AD VALOREM TAXES FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2006, AND ENDING SEPTEMBER 30, 2007, AND FOR EACH FISCAL
YEAR THEREAFTER UNTIL OTHERWISE PROVIDED, AT A RATE OF $.43051 PER
ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUATION ON ALL TAXABLE
PROPERTY WITHIN THE CORPORATE LIMITS OF THE TOWN; DIRECTING THE
ASSESSMENT THEREOF TO PROVIDE REVENUES FOR THE PAYMENT OF
CURRENT OPERATION AND MAINTENANCE EXPENSES AND INDEBTEDNESS
OF THE TOWN; APPROVING THE TAX RATE AND LEVY AND NOTIFYING THE
PUBLIC THAT THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE
AND OPERATIONS THAN LAST YEAR’S TAX RATE.; PROVIDING FOR DUE AND
DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST PROVIDING
FOR PAYMENT TO THE TOWN ASSESSOR/COLLECTOR; PROVIDING FOR
PENALTY AND INTEREST; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”)
hereby finds that the tax for the fiscal year beginning October 1, 2006, and ending
September 30, 2007, hereinafter levied for current expenses of the Town and the
general improvements of the Town and its property, must be levied to provide the
revenue requirements of the budget for the ensuing year; and
WHEREAS, the Town Council has approved on the 18th day of September 2006,
the budget for the fiscal year beginning October 1, 2006, and ending September 30,
2007; and
WHEREAS, all statutory and constitutional requirements concerning the levying
and assessing of ad valorem taxes have been completed in due and correct time,
including providing notice of and conducting a public hearing regarding the ad valorem
tax levied hereby.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
APPROVING THE TAX RATE AND LEVY
There is hereby levied and ordered to be assessed and collected for the fiscal
year beginning October 1, 2006, and ending September 30, 2007, and for each fiscal
year thereafter until otherwise provided, on all taxable property, real, personal and
mixed, situated within the corporate limits of the Town of Trophy Club, Texas, and not
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exempted by the Constitution of the State, valid State laws or this ordinance, a tax of
$.43051 on each One Hundred Dollars ($100.00) assessed value of taxable property,
which shall be apportioned and distributed as follows:
(a) For the purpose of defraying the maintenance and operation expenses of the
municipal government of the Town, a tax of $.36723 on each One Hundred
Dollars ($100.00) assessed value of all taxable property; and
(b) For the purpose of the payment of principal and interest on the debt of the
Town, a tax of $.06328 on each One Hundred Dollars ($100.00) assessed value
of all taxable property.
THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND
OPERATIONS THAN LAST YEAR’S TAX RATE.
SECTION 2.
DUE DATE AND DELINQUENCY DATE
All ad valorem taxes shall become due and payable on October 1, 2006, and all
ad valorem taxes shall become delinquent after January 31, 2007. There shall be no
discount for payment of taxes on or prior to January 31, 2007. A delinquent tax shall
incur all penalty and interest authorized by law, Section 33.01 of the Texas Property Tax
Code, as amended, to wit: a penalty of six percent (6%) of the amount of the tax for the
first calendar month the tax is delinquent plus one percent (1%) for each additional
month or portion of a month the tax remains unpaid prior to July 1 of the year in which it
becomes delinquent.
Provided, however, a tax delinquent on July 1 incurs a total penalty of twelve
percent (12%) of the amount of the delinquent tax without regard to the number of
months the tax has been delinquent. A delinquent tax shall also accrue interest at a
rate of one percent (1%) for each month or portion of a month the tax remains unpaid.
Taxes that become delinquent on or after February 1, 2007, but not later than May 1,
2007, that remain delinquent on July 1, 2007, incur an additional penalty of fifteen
percent (15%) of the amount of taxes, penalty and interest due; however, taxes that
become delinquent on or after June 1, 2006 and for which split payment has been
allowed under Section 31.03, 31.031, 31.032, or 31.04 of the Texas Property Tax Code
incur an additional penalty of fifteen percent (15%). All such additional penalties are to
defray the costs of collection due pursuant to the contract with the Town’s legal counsel
as authorized by Section 6.30 of the Texas Property Tax Code, as amended.
SECTION 3.
DENTON COUNTY TAX ASSESSOR/COLLECTOR
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Taxes shall be payable in full at the office of the Denton County Tax
Assessor/Collector, 1505 E. McKinney, P.O. Box 1249, Denton, Texas 76201-4322.
The Town shall have available all rights and remedies provided by law for the
enforcement of the collection of taxes levied under this Ordinance.
SECTION 4.
PENALTY AND INTEREST
All delinquent taxes shall bear interest as provided by State law, in addition to the
penalties set forth herein.
SECTION 5.
CUMULATIVE CLAUSE
This ordinance shall be cumulative of all provisions of the Ordinances of the
Town, except when the provisions of this Ordinance are in direct conflict with the
provisions of such Ordinances, in which event the conflicting provisions of such
Ordinances are hereby repealed.
SECTION 6.
SAVINGS CLAUSE
All rights and remedies of the Town are expressly saved as to any and all
violations of the provisions of any other ordinance affecting ad valorem taxes which
have secured at the time of the effective date of this Ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such Ordinances same shall not be affected by this Ordinance but may be
prosecuted until final disposition by the court.
SECTION 7.
SEVERABILITY CLAUSE
The sections, paragraphs, sentences, phrases, clauses and words of this
Ordinance are severable, and if any section, article, 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 or the remaining portions of this Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of this Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 8.
PUBLICATION CLAUSE
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The Town Secretary is hereby directed to publish the Caption, Penalty, and
Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas
Local Government Code.
SECTION 9.
ENGROSSMENT AND ENROLLMENT
The Town Secretary is hereby directed to engross and enroll this Ordinance by
copying the caption, publication clause, and effective date clause in the minutes of the
Town Council and by filing this Ordinance in the ordinance records of the Town.
SECTION 10.
EFFECTIVE DATE
This ordinance shall become effective from and after its date of passage and
publication as required by law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this the 18TH day of September 2006.
________________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
___________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_____________________________________
Town Attorney,
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-18-2006
Subject: Agenda Item No.E.4
Discuss and take appropriate action regarding a Resolution approving the
tax roll of the Denton Central Appraisal District for 2006.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(smd)
Attachments: 1. Resolution
2. Exhibit A - Certification of 2006 Appraisal Records
3. Exhibit B - 2006 Tax Roll for The Town Of Trophy Club, Texas
46
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2006 - xx
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS APPROVING THE TAX ROLL OF THE
DENTON CENTRAL APPRAISAL DISTRICT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Denton Central Appraisal District has presented a certified tax
roll to the Town of Trophy Club, Texas which includes all taxable property within Trophy
Club that is located in both Denton and Tarrant Counties; and
WHEREAS, the Town Council desires to approve and accept such certified roll, a
copy of which is attached hereto and incorporated herein as Exhibit “A”.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the tax roll of the Denton Central Appraisal District for the
Town of Trophy Club, Texas for the year 2006, a true and correct copy of which is
attached as Exhibit “A” and incorporated herein, is approved and accepted. Such tax
roll shall constitute the Town’s tax roll for the 2006 tax year.
Section 2. That Exhibit “B” specifying the net taxable appraised value, the
current 2006 tax rate approved by the Town Council, and the total tax actually levied for
real, personal property and minerals, is hereby approved and accepted. A copy of
Exhibit “B” is attached hereto and incorporated herein.
Section 3. That this Resolution shall become effective from and after its date
of passage in accordance with law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas on this the 18th day of September, 2006.
________________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
___________________________________
Town Secretary
Town of Trophy Club, Texas
47
[SEAL]
APPROVED AS TO FORM:
_____________________________________
Town Attorney,
Town of Trophy Club, Texas
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EXHIBIT “B”
2006 TAX ROLL FOR THE TOWN OF TROPHY CLUB, TEXAS
Based on the 2006 certified roll dated July 20, 2006 from the Denton Central Appraisal
District, the net taxable appraised value, which was ARB approved, was listed as
$670,797,045. The current 2006 tax rate ($.43051/$100 assessed value) approved by
the Town Council, which has been imposed on each property included on the certified
appraisal roll for the Town for 2006, totals $2,887,848 actual levy. The actual levy
includes $2,802,545 for real property, $60,440 for personal property and $24,863 for
minerals.
The appraisal roll of $2,887,848 upon approval by the Town Council, shall constitute the
2006 tax roll for the Town of Trophy Club.
*************************************
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-18-2006
Subject: Agenda Item No.E.5
Discuss and take appropriate action relative to a request by Beck Properties for a
waiver to the concrete parking lot requirement in the Town's Design Standards to
allow the construction of a crushed gravel parking lot for the proposed golf
maintenance facility to be located to the east of the Wastewater Treatment
Facility. Applicant: Scott Beck, Beck Properties.
EXPLANATION:
The attached letter from Beck Properties requests a waiver to the Town’s Design
Standards for the construction of a gravel parking lot for the proposed Golf Course
Maintenance Facility. Below is Section 6, “Waivers” from the Town’s Design Standards:
SECTION 6 - Waivers
6.1 Request for Waiver. A waiver to one or more requirements of this Ordinance may be granted
upon the request of the Owner of the affected property or his/her authorized agent under one or
more of the following circumstances:
6.1.1 The waiver request is for alternative construction material(s) or method(s) and (i) such
alternative construction material(s) or method(s) are equivalent to or better than the
construction material(s) or method(s) required by the Design Standards and (ii) the
quality of the completed improvement is equal to or better than that which would be
achieved if strict compliance with the Design Standards was required.
6.1.2 The waiver request is to: (i) construct an addition to or continuation of an existing right-
of-way; or (ii) make an improvement to, increase, or decrease the size of an existing
easement where the requested construction or improvement does not comply with the
currently adopted Design Standards; and (iii) the request does not decrease the size or
width of the driving lanes or the adjacent utility easements.
6.2 Review of Waiver Application. The person seeking the waiver shall have the burden to
demonstrate compliance with the requirements of section 19.01. An application for waiver shall
first be reviewed by the Public Works Director and Town Engineer who shall make a
recommendation for approval or denial to Town Council. Town Council shall have final authority
and discretion to approve or deny the requested waiver.
(kcf)
Attachments: 1. Information Memorandum
55
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-18-2006
Subject: Agenda Item No.E.6
Discuss and take appropriate action repealing Resolution 2006-08 and
adopting a new Resolution appointing members to serve on EDC 4A, EDC
4B, Planning and Zoning Commission, Tree Board and the Zoning Board of
Adjustment.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. List of Vacancies and Applicants
2. Resolution
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TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2006-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, REPEALING RESOLUTION NO. 2006-08,
AND ADOPTING A NEW RESOLUTION APPOINTING CITIZENS TO
THREE (3) SEATS ON ECONOMIC DEVELOPMENT CORPORATION
4A, APPOINTING CITIZENS TO THREE (3) SEATS ON ECONOMIC
DEVELOPMENT CORPORATION 4B, APPOINTING CITIZENS TO
THREE (3) SEATS ON THE PLANNING AND ZONING COMMISSION,
APPOINTING CITIZENS TO TWO (2) SEATS ON THE TREE BOARD,
APPOINTING CITIZENS TO FIVE (5) SEATS AND FOUR (4)
ALTERNATE SEATS ON THE ZONING BOARD OF ADJUSTMENT;
DESIGNATING TERMS OF SERVICE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens
involved in local government through service on Commissions; and
WHEREAS, the Trophy Club Town Council is charged with the responsibility of
making appointments to the Boards and Commissions serving the Town; and
WHEREAS, the Town of Trophy Club adopted Resolution No. 2006-08 on June
19, 2006 appointing citizens to five seats on EDC 4A, appointing citizens to seven (7)
seats on EDC 4B, appointing citizens to serve on seven (7) seats on the Planning and
Zoning Commission, appointing citizens to serve on five (5) seats on the Tree Board
and appointing citizens to serve on five (5) seats and four (4) alternate seats on the
Zoning Board of Adjustment; and
WHEREAS, the terms of service for some of the members of Town Boards and
Commissions expire September 30, 2006 and the Town desires to repeal Resolution
No. 2006-08, and adopt a new Resolution appointing members to EDC 4A, EDC 4B,
Planning & Zoning Commission, Tree Board, and the Zoning Board of Adjustment.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That Resolution No. 2006-08, is repealed in its entirety.
Section 2. That the Town Council hereby adopts the terms of the following
individuals serving on Boards and Commissions with respective terms of service ending
on October 1 of the year specified below for each individual:
Economic Development Corporation A
1. T. Dwight Morrow (2007) 2. Gary Cantrell (2007)
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3. Applicant Name (2008) 4. Applicant Name (2008)
5. Applicant Name (2008)
Economic Development Corporation B
1. Damian Otthoff (2007) 2. Doyle Nicholson (2007)
3. James Hicks (2007) 4. Rebecca Shuman (2007)
5. Larry Crosser (2007) 6. Applicant Name (2008)
7. Applicant Name (2008)
Planning and Zoning Commission
1. Steve Stamos (2007) 2. Jim Moss (2007)
3. Applicant Name (2008) 4. Clayton Reed 2007)
5. Gene Hill (2007) 6. Applicant Name (2008)
7. Applicant Name (2008)
Tree Board
1. Rick Merrill (2007) 2. Steven Kohs (2007)
3. Darin Davis (2007) 4. Applicant Name (2008)
5. Applicant Name (2008)
Zoning Board of Adjustment
1. Applicant Name (2008) 2. Applicant Name (2008)
3. Applicant Name (2008) 4. Applicant Name (2008)
5. Applicant Name (2008) Alt. Applicant Name (2008)
Alt. Applicant Name (2008) Alt. Applicant Name (2008)
Alt. Applicant Name (2008)
Section 3. That this Resolution shall become effective from and after its date of
passage in accordance with the law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 18th day of September, 2006.
_______________________________
Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
____________________________________
Town Secretary
Town of Trophy Club, Texas
107
[Seal]
APPROVED AS TO FORM:
____________________________________
Town Attorney
Town of Trophy Club, Texas
108
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-18-2006
Subject: Agenda Item No.E.7
Discuss and take appropriate action regarding an Ordinance amending
Article VIII , "Schedule of Fees", Chapter 1 of the Code of Ordinances,
entitled “Administration”, by amending Sections 8.03 (L), “Health Permits”,
(Y), “Stormwater Drainage Utility” and (AA) “Tree Preservation.”
EXPLANATION:
The changes to the Storm Sewer Fees are as discussed in the Town’s Budget Planning
Sessions. It will raise the Storm Drain fees to a flat $3 fee for all single family residential
and increase the commercial fees at a similar rate. The additional fees will be used for
needed maintenance and repairs of our storm drainage network.
The change to the Health Permit Fees increases the permit fee for Childcare from $100
to $225 to cover our outside inspection costs.
In conjunction with the changes to the Tree Preservation Ordinance, the Tree Board has
recommended the establishment of a $100 per caliper inch tree mitigation fee as
required annually by the Tree Preservation Ordinance. This is the fee paid by the
developer if they request and are given permission to provide money in lieu of
replanting trees. The Tree Preservation Ordinance requires mitigation at the rate of 1.5
caliper inches for every caliper inch of protected trees removed. Any moneys collected
for mitigation are reserved to tree replanting.
(bg)
Attachments: 1. Ordinance
109
TOWN OF TROPHY CLUB, TEXAS
TOWN ORDINANCE NO. 2006-
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS AMENDING CHAPTER 1 OF THE CODE OF
ORDINANCES, ENTITLED “ADMINISTRATION”, ARTICLE
VIII, ENTITLED “SCHEDULE OF FEES”, BY AMENDING
SUBSECTION “L” “HEALTH PERMITS”, TO REVISE FEE
AMOUNT FOR CHILDCARE CENTERS; BY AMENDING
SECTION 8.03, ENTITLED, “COMMUNITY
DEVELOPMENT DEPARTMENT” BY AMENDING
SUBSECTION “Y”, “STORMWATER DRAINAGE
UTILITY”, TO REVISE FEE AMOUNTS; AND BY
AMENDING SUBSECTION “AA” “TREE REMOVAL”, BY
ESTABLISHING THE MITIGATION FEE FOR REMOVAL
OF TREES; PROVIDING FOR INCORPORATION OF
PREMISES; PROVIDING FOR AMENDMENT; PROVIDING
A SAVINGS AND REPEALER CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR
CONTINUES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 2006-14 was adopted on June 5, 2006 and provided
for the adoption of a new schedule of fees for the Town of Trophy Club (hereinafter
referred to as “Town”); and
WHEREAS, due to changes in costs incurred by the Town which require an
amendment to various fees, the Town now finds it necessary and proper to amend
Ordinance No. 2006-14 by revising the fees associated with Storm Drainage Utility,
Health Inspections for Childcare Facilities, and adding fees for Tree Mitigation into the
Schedule of Fees; and
WHEREAS, the fees adopted hereby are reasonable and reflect reimbursement
for administrative costs incurred by the Town in providing various services to the public;
and
WHEREAS, the Town is authorized to require the payment of reasonable fees for
services provided; and
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WHEREAS, the Town Council hereby finds that the amendment of Sections L, Y,
and AA of Section 8.03 of Article VIII, Chapter 1, of the Code of Ordinances as further
specified herein serves the best interests of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01 Article VIII entitled “Schedule of Fees” of Chapter 1, entitled “Administration” of
the Code of Ordinances of the Town is hereby amended to revise Section 8.03,
subsection “L” entitled “Health Permits” so that 8.03(L) is hereby revised as follows:
L. Health Permits
Food Establishment $225.00
Retail Food Store $525.00
Mobil Food Unit $100.00
Roadside Food Vendor $100.00
Child Care Centers $225.00
Temporary Food Establishment $35.00
2.02 Article VIII entitled “Schedule of Fees” of Chapter 1, entitled “Administration” of
the Code of Ordinances of the Town is hereby amended to revise Section 8.03,
subsection “Y” entitled “Stormwater Drainage Utility” so that 8.03(Y) is hereby revised to
read as follows:
Y. Stormwater Drainage Utility Monthly Fee
Residential
Single Family $3.00
Multi-Family Properties
Apartments – Limit to be set by Community
Development Director $1.50 per unit
Non-Residential Properties
Impervious Area in Square Feet
0 - 10,000 sf impervious area The greater of a $15.00 flat
fee or $0.18 per 100 sf
10,001 – 50,000 sf impervious area $22.50
50,001 - 100,000 sf impervious area $30.00
111
100,001 – 200,000 sf impervious area $37.50
200,001 – 400,000 sf impervious area $45.00
400,001 – 3,000,000 sf impervious area $52.50
2.03. Article VIII entitled “Schedule of Fees” of Chapter 1, entitled “Administration” of
the Code of Ordinances of the Town is hereby amended to revise Section 8.03,
subsection “AA” entitled “Tree Removal” so that 8.03(AA) is hereby revised to read as
follows:
AA. Tree Preservation Tree Removal
Tree Removal Permit $25.00 per tree
Tree Mitigation Fee $100.00 per caliper
inch
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting the Schedule of Fees 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 hereby
declares it would have passed such remaining portions of the Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance by copying the exact Caption and Effective Date clause in the
minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in
the Ordinance records of the Town.
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SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand
Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
SECTION 7.
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 18th day of September, 2006.
_______________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
_______________________________
Town Attorney
Town of Trophy Club, Texas
113
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-18-2006
Subject: Agenda Item No.E.8
Discuss and take appropriate relative to and Ordinance amending Chapter
12 of the Code of Ordinances, entitled “Subdivision Rules and
Regulations”, Article VIII, “Tree Preservation and Removal”, amending
Sections 8.01 through 8.13 to clarify the applicability of the Town’s Tree
Preservation Ordinance.
EXPLANATION: With pending development, staff performed a thorough review of the
tree preservation ordinance and recommends the following clarification, clean up and
changes.
Clarification and General clean up:
Throughout entire ordinance and more specifically, Section 8.01 Definitions and Section 8.05 Protected
Trees, subsection f.
Major changes:
Section 8.03 Tree Preservation,
Section A. - removed last sentence, which was redundant in the intent. It is already included in
Applicability.
Section C., subsection c. - Added a sentence to protect homeowner's rights.
Section 8.05 Protected Trees,
C. Approved Tree List - Added more trees to the Protected Tree List per Parks and Recreation
recommendations
Section 8.06 Specimen Trees and Section 8.07 Majestic or Historic Trees - added a sentence to allow
Town Council to add at the recommendation of the Tree Board to designate a tree as specimen tree
because of its type, size, age or other relevant criteria.
Section 8.08 Tree Removal and Replacement -
Section B - Removed duplicated paragraph and added a sentence on the requirement for a
permit.
Section F and G - Removed all references to "Tree Size" and again added more trees to both the
Approved Tree Planting & Replacement List and the Approved Median and ROW Tree Planting List at the
recommendation of the Parks and Recreation Department.
Section H and I – removed, as those two paragraphs conflicted with Subdivision Regulations
Section 8.09 Tree Protection Measures,
Section A.6 - added clarification at end of paragraph
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Section 8.11 Land- Disturbing Activities
Section C 2.a - changed so as not to conflict with stormwater ordinance
Section C 2.c.ii - changed so as not to conflict with stormwater ordinance
RECOMMENDATION: Staff recommends approval
ACTION BY COUNCIL:
(bg)
Attachments: 1. Ordinance
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006-__
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING CHAPTER 12 ENTITLED “SUBDIVISION RULES AND
REGULATIONS”, ARTICLE VIII, ENTITLED “TREE PRESERVATION
AND REMOVAL”, BY AMENDING SECTIONS 8.01 THROUGH AND
INCLUDING SECTION 8.13 OF THE CODE OF ORDINANCES OF THE
TOWN OF TROPHY CLUB TO CLARIFY THE APPLICABILITY OF THE
TOWN’S TREE PRESERVATION ORDINANCE AND REGULATIONS
GOVERNING TREE PRESERVATION; PROVIDING FOR
INCORPORATION OF PREMISES; PROVIDING A SAVINGS AND
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES;
PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas, is authorized
and empowered by law, in accordance with Chapter 212 of the Texas Local
Government Code, to regulate the subdivision of land and property development within
and without the corporate limits of the Town; and
WHEREAS, on July 10, 2006 the Town adopted Ordinance No. 2006-20 P&Z,
which amended Section 8.03 of Article VIII, entitled “Tree Preservation and Removal” of
Chapter 12, of the Code of Ordinances; and
WHEREAS, the Town Council now deems it necessary for the safe, orderly, and
healthful development of the Town and in the best interest of the Town of Trophy Club,
Texas, to further clarify and amend the regulations governing tree preservation and
removal as contained in Chapter 12, Article VIII, Section 8.01 through and including
Section 8.13 of the Code of Ordinances and that amendment to those sections are
necessary in order to clarify the applicability of provisions and scope of regulations for
tree preservation and removal.
WHEREAS, the Town Council finds that the adoption of this Ordinance is a valid
exercise of governmental authority and promotes the orderly subdivision and
development of land both within and outside of its corporate limits.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
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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 Article VIII entitled “Tree Preservation and Removal” of Chapter 12 of the
Code of Ordinances of the Town of Trophy Club, Texas, is hereby amended, so that
Sections 8.01 through and including Section 8.13 reads as follows:
Article VIII
Tree Preservation & Removal
Section 8.01 Definitions
Buildable Area: That portion of building site exclusive of the required yard areas on which a structure
or building improvement may be erected and including the actual structure, pool, and other construction
as shown on a site plan, excluding driveways and parking lots.
Canopy: Any high covering limbs and/or leaves hanging over or creating shelter under the tree’s
foliage.
Director of Community Development: The person in charge of the Community Development
Department for the Town, or authorized designee.
Crown: The top, upper, or highest portion of a tree, including the leaves and living branches.
Developed Property: Property that has been platted.
Developer: Any individual, partnership, firm, association, joint venture, organization, corporation,
builder, construction company or governmental entity.
Drip Line: The area directly under the canopy or shelter area created by the canopy.
Environmental Protection Agency “EPA”: The United States Environmental Protection Agency or
any duly authorized official of such agency.
FHA: Federal Housing Administration
Historic Tree: A Historic Tree shall have the meaning assigned in Section 8.7 of this Article.
Land-Disturbing Activity: Any activity, including but not limited to, excavation, planting, tilling,
grading, digging, cutting, scraping, or excavating of soil, placement of fill materials, paving,
construction, substantial removal of vegetation, or any activity which bares soil or rock or involves the
diversion or piping of any natural or man-made watercourse, which disturbs the natural or improved
vegetative ground cover so as to expose soil to the erosive forces of rain, storm water runoff or wind.
All installations and maintenance of franchise utilities; such as telephone, gas, electric, etc., shall be
considered land-disturbing activities.
Majestic Tree: A Majestic Tree shall have the meaning assigned in Section 8.7 of this Article.
Original Construction: Initial construction.
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Person: An individual, corporation, firm, partnership, association, company, joint venture, organization
or other legal entity, other than the Town, the Municipal Utility District 1 or the Municipal Utility District
2.
Planning and Zoning Commission: The Planning & Zoning Commission of the Town of Trophy Club,
as appointed by the Town Council.
Protected Tree: A Protected Tree shall have the meaning assigned in Section 8.5 of this Article.
Soil Creep: The slow, downslope movement of soil under the influence of gravity. Frost heave, thermal
expansion, and contraction of the surface.
Specimen Trees: A Specimen Tree shall have the meaning assigned in Section 8.6 of this Article.
Texas Commission on Environmental Quality (TCEQ): The Texas Commission on Environmental
Quality, or any duly authorized official of such agency.
Town: The Town of Trophy Club, Texas.
Yard Area(s): The front, side, and rear yard areas as required under the Town’s Comprehensive
Zoning Ordinance and the zoning district requirements applicable thereto.
Section 8.02 Tree Board
A. Creation and Establishment of a Town Tree Board: There is hereby created and established a
Town Tree Board for the Town, which shall consist of five (5) regular members, each to be
appointed by a majority of the Town Council.
B. Term of Membership: Members of the Tree Board shall be appointed by the Town Council for a
two (2) year term, but serve at the pleasure of and subject to removal and re-appointment by the
Town Council. Two (2) members shall be appointed to serve one (1) year terms for the first year
of the Tree Board; and three (3) members shall be appointed to serve a two (2) year term. All
successive terms shall be served on the basis of two (2) year terms for all members. In the event
that a vacancy occurs on the Tree Board, the Town Council will appoint a new member to
complete the un-expired term. A member ceasing to reside in the Town, or elected to public
office during his/her term of office shall immediately forfeit his/her membership.
C. Resident of Town: Each member of the Tree Board shall be a resident of the Town at the time of
his/her appointment.
D. Officers: The Tree Board shall select from among its regular members, a chairman, and an
acting chairman to act in the absence of the chairman, and a secretary.
E. Meetings: All meetings of the Tree Board shall be open to the public. The Tree Board shall keep
minutes of its proceedings showing the vote of each member upon each question or, if absent or
failing to vote, indicating such fact, and shall keep record of its examinations and others official
actions, all of which shall be filed the office of the Director of Community Development or
authorized designee and shall be a public record. The Director of Community Development of
the Town shall be the custodian and processor of the records and minutes of the Tree Board.
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Meetings of the Tree Board may be held as often as necessary to conduct the business coming
before the Board and shall be held at the call of the Chairman and at other such times as a
majority of the Board may determine.
F. Compensation: Members of the Board shall be volunteers and shall serve without compensation.
G. Attendance: Three (3) consecutive absences that are not excused by the Board, or the absence
of a regular member from more than twenty-five (25) percent of the posted meetings in any
twelve (12) month period, shall cause the Tree Board to review the attendance record of the
member and make a recommendation to the Town Council on continued service and
reappointment.
H. Duties and Responsibilities: It shall be the responsibility of the Tree Board to:
1. Determine cash value for a tree replacement;
2. Designate Protected, Specimen, Historical, and Majestic trees, as defined herein;
3. Develop and approve tree lists;
4. Inform and develop an informational tree pamphlet; and
5. Hear appeals.
6. Annually develop a written plan, in conjunction with the Town’s Landscape Superintendent,
for the care, preservation, trimming, planting, replanting, removal, or disposition of trees and
shrubs in public ways, streets, alleys, and parks. Such plan will be presented annually to
the Town Council and upon acceptance and approval, shall constitute the official
comprehensive Tree Plan for the Town. The Town’s Landscape Superintendent shall be
charged with carrying out the plan.
Section 8.03 Tree Preservation
A. Intent: The removal or replanting of any protected trees (specifically, Protected, Specimen,
Majestic or Historic Trees, as defined in this Chapter) requires a Tree Removal Permit or a Tree
Replanting Permit, as the case may be, in accordance with the terms and provisions hereof.
B. Applicability: The purpose of this Chapter is to regulate undeveloped and vacant real property in
accordance with the regulations contained herein both prior to and during the platting, subdivision
and development of property, including but not limited to grading or any other construction
activity. The terms and provisions of this Chapter shall apply to all real property within the
Town’s corporate limits which meets one or more of the following criteria:
a. All vacant or undeveloped real property prior to and during the platting, subdivision and
development of property, including but not limited to grading, any other construction activity
on the property, or preparation of the property for any construction activity thereon;
b. All platted real property which is re-platted, re-subdivided or for which additional subdivision
occurs;
c. The yard areas of all developed property, excluding developed single-family and two-family
residential property. It is provided, however, that where a building lot or site is one acre or
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larger in size, then no protected, specimen, majestic or historic trees shall be removed from
the buildable area of the lot or site before the issuance of a building permit relating to the lot
or site.
d. Exemptions:
i. The terms and provisions of this Chapter shall not apply to developed single- family
and two-family residential property.
ii. Local taxing authorities, constructing or improving public grounds and/or buildings,
shall be exempt from the requirements set forth in this Article.
The terms and provisions of this Chapter shall not apply to developed single-family and two-family
residential property.
C. Exceptions: Under the following circumstances, a Tree Removal Permit is not required:
a. In the event that any Protected, Specimen, Majestic or Historic Tree shall be determined to
be in a hazardous or dangerous condition so as to endanger the public health, welfare or
safety, and require immediate removal without delay, authorization for removal may be
given by the Town Manager or Director of Community Development upon the request of
the owner of the property upon which the tree is located, and such Protected, Specimen,
Majestic or Historic Tree may then be removed without obtaining a written permit as
required by this Chapter.
b. During the period of an emergency, such as a tornado, storm, flood or other act of God, the
requirements of this Chapter may be waived as deemed necessary by the Town Manager
or Director of Community Development .
c. Utility companies franchised or otherwise authorized to provide utility service may remove
Protected, Specimen, Majestic or Historic Trees that endanger public safety and welfare by
interfering with utility service, except where such trees are on owner-occupied properties
developed for single-family or two-family use, removal of such trees shall be at the option of
the property owner/s.
d. The mowing, clearing and grubbing of brush located within or under the drip lines of
Protected, Specimen, Majestic or Historic Trees shall be allowed, provided such mowing,
clearing or grubbing is accomplished by hand or by manually operated mowers. The use of
bulldozers, loaders or other construction or earth moving equipment for this purpose shall
not be allowed.
e. For public recreational property or uses, such as public golf courses and baseball, soccer,
football or similar public athletic facilities, and public works projects such as water or
wastewater treatment plants, pump stations, storage tanks, and public streets and drainage
improvements, the buildable area of the property shall include that portion of the property
necessary for the construction of such recreational and public works improvements,
including sufficient adjacent area to allow the normal operation of construction equipment.
f. The terms and provisions of this Chapter shall not apply to a lot of record, a deed for which
was recorded in the office of the County Clerk prior to the passage of this Chapter, or to any
development, subdivision or re-subdivision for which a completed application for approval
has been filed with the Town or for which a plat has been approved by the Planning and
Zoning Commission and/or the Town Council and filed in the plat records of the County
prior to the effective date of this Chapter.
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g. All easements and rights-of-way included on a record plat approved by the Town and filed
in the plat records of the County.
Section 8.04 Information Assistance
A. In furtherance of the purpose and provisions hereof, the Town’s Tree Board shall develop and
make available to persons making application for either Tree Removal Permits or Tree
Replanting Permits, and make available to the general public an informational pamphlet
identifying appropriate and useful facts, guidelines and how-to information relative to the
preservation, protection and replanting of trees.
B. The Director of Community Development, or authorized designee, shall also develop, maintain
and make available to applicants for Tree Removal Permits or Tree Replanting Permits and to
the general public, a tree species reference book to provide more detailed information concerning
tree care in general and the characteristics, soil and growth requirements and other traits of
specific tree species identified on the Town’s Protected Tree List and Approved Tree Planting
and Replacement List.
C. A current edition of the Texas Association of Nurserymen Grades and Standards, as applicable,
to the tree species on the Town’s Protected Tree List and Approved Tree Planting and
Replacement List, shall be maintained by the Director of Community Development or authorized
designee and made available to applicants for building permits, Tree Removal Permits or Tree
Replanting Permits and to the general public, as only those trees meeting and planted or
replanted in accordance with the applicable Texas Association of Nurserymen Grades and
Standards shall satisfy the tree planting, replanting and/or replacement standards and
requirements contained herein.
Section 8.05 Protected Trees
A. Designation of Protected Trees: A “Protected Tree” shall be any existing living tree of a species
or type listed on the Town’s Protected Tree List and that has or possesses each of the following
characteristics or criteria:
1. A single trunk of six inches (6”) in caliper width or greater, measured at one foot (1’) above
natural grade level, and at least eight feet (8’) high; or a multi-trunk having a total caliper
width of eight inches (8”), measured by combining the caliper width of the largest stem or
branch with one-half (½) the caliper width of each additional stem or branch, all measured at
one foot (1’) above natural grade level, and at least twelve feet (12’) high; and
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2. Located outside of a public street, alley, right-of-way, utility easement, drainage easement,
fence easement, pedestrian access easement, or other public right-of-way or easement; or
the buildable area of a building lot or site, as included on a record plat approved by the
Town Council and filed in the plat records of the County; or the buildable area of a building
lot or site, as included on a building permit site plan approved by the Town. For the
purposes of any development of a building lot or site one (1) acre in area or larger,
“buildable area” shall mean all that portion of the building lot or site inclusive of the footprint
of the building(s) and projected ten (10’) feet from the outside of the building footprint. For
the purposes of any development of a building lot or site less than one (1) acre in area,
“buildable area” shall mean that portion of the building lot or site not within the required front
yard, side yard and rear yard areas. For the purposes of issuing building permits, “buildable
area” shall also mean those areas on a building lot or site, as shown on the required site
plan, necessary for the construction of such other improvements as pools, tennis courts and
accessory buildings, excluding driveways and parking lots and including sufficient adjacent
area to allow for the normal operation of construction equipment.
B. Exception: A Protected Tree shall not include any living tree that a registered arborist or
landscape architect certifies in writing is injured, dying, diseased or infested with harmful insects;
that is in danger of falling, interferes with utility service or creates unsafe vision clearance; in any
manner creates a hazardous or dangerous condition so as to endanger the public health, welfare
or safety; or that is identified on approved construction plans as necessary to be removed to
comply with EPA or TCEQ stormwater permitting requirements or FHA lot grading plans.
C. Approved Tree List
a. General: The tree species lists contained herein have been developed and will be
periodically updated by the Town’s Tree Board (created and established) and shall be
maintained as guides for the identification and selection of tree species that meet the
various standards and requirements of this Chapter. Trees included on these tree species
lists were selected on the basis of one or more of the following criteria or factors: hardiness,
resistance to disease, suitability relative to local climate and soil conditions, adaptability for
transplantation, longevity, and to various landscape conditions, resistance to drought,
aesthetic qualities, shade provision, windbreak provision, and screening qualities.
b. Protected Tree List: Only those tree species found on the following list shall be subject to
the preservation, protection and replanting requirements of this Chapter
Protected Tree List
American Elm (Ulmus Americana)
Austrian Pine (Pinus nigra, Pinus nigra
caramanica, Pinus nigra nigra)
Bald Cypress (Taxodium Distichum)
Black Walnut (Juglans Nigra)
Blackjack Oak (Quercus Marilandica)
Bur Oak (Quercus Macrocarpa)
Carolina Buckthorn (Rhamnus Caroliniana)
Cedar Elm (Ulmus crassifolia)
Chinese Pistache (Pistachia Chinensis)
Chinkapin Oak (Quercus Muehlenbergii)
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Chittamwood (Bumelia Languinosa)
Common Persimmon Diospyros Virginiana)
Eldarica Pine (Pinus eldarica)
Escarpment Live Oak (Quercus Fusiformis)
Japanese Black Pine (Pinus thunbergii)
Lacebark Elm (Ulmus Parvifolia)
Magnolia (Magnolia Grandiflora)
Mexican Plum (Prunus Mexicana)
Pecans And Hickories (Carya Species)
Possum Ha (Ilex Decidua)
Post Oak (Quercus Stellata)
Redbuds (Cercis Species)
Sawtooth Oak (Quercus Acutissima)
Shumard Oak (Quercus Shumardi)
Slippery Elm (Ulmus rubra)
Southern Live Oak (Quercus Virginiana)
Sweet Gum (Liquidambar styraciflua)
Texas buckeye (Aesculus glabra V. arguta)
Texas Red Oak (Quercus Texana)
Water Oak (Quercus Nigra)
Western Soapberry (Sapindus Drummondii)
Winged Elm (Ulmus alata)
Yaupon Holly (Ilex Vomitoria)
d. Replanting of Protected Trees: No person, directly or indirectly, shall replant, relocate,
transfer or move from one location to another any Protected Tree on any real property within
the Town without first obtaining a Tree Replanting Permit.
e. Replanting Standards: Only those trees meeting and replanted in accordance with the
applicable Texas Association of Nurserymen Grades and Standards shall satisfy the tree
replanting requirements contained herein.
f. Penalty for Unauthorized Replanting of Protected Trees: Any person replanting, relocating,
transferring or moving from one location to another any Protected Trees on any real
property within the Town without first obtaining a Tree Replanting Permit, shall be deemed
guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in
Section 808, subsection E below.
Section 8.06 Specimen Trees
A. Designation of Specimen Trees: Specimen Trees shall be designated according to the following
provisions:
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1. Except as specified below, any tree listed on the Town’s Protected Tree List and the caliper
of which is within fifty percent (50%) of the caliper width or circumference (measured at one
foot (1’) above ground level) of the same such tree as listed in the most current edition of
the Big Tree Registry, as amended, published by the Texas Forest Service, shall be
considered a “Specimen Tree.” A copy of such registry shall be available for review in the
Department of Community Development. On a going-forward basis (as land is platted), a
listing and map of all designated Specimen Trees shall be maintained and updated by the
Director of Community Development or authorized designee and made available to the
public upon request. In addition to the provisions of this subsection, a Specimen Tree shall
be any other tree that has been designated by the Town Council, upon recommendation by
the Tree Board, after public hearing and due notice to the owner of the tree, to be of high
value because of its type, size, age or other relevant criteria. Notwithstanding the
foregoing, the trees listed below shall be considered Specimen Trees in accordance with
the following schedule:
Type of Tree Percent of Big Tree Registry
Any tree not listed on the Protected
Tree List in Section (1.4) herein 75%
Section 8.07 Majestic or Historic Trees
A. Designation of Majestic or Historic Trees: Majestic or Historic trees shall be designated
according to the following provisions:
1. Majestic Trees: Any tree listed on the Town’s Protected Tree List and within seventy-five
percent (75%) of the caliper width or circumference (measured at one foot (1’) above
ground level) of the same such tree as listed in the most current edition of the Big Tree
Registry, as amended, published by the Texas Forest Service, shall be considered a
Majestic Tree. A copy of such Registry shall be available for review in the Department of
Community Development. A listing and map of all designated Majestic Trees shall be
maintained and updated by the Director of Community Development or authorized designee
and made available to the public upon request. In addition to the provisions of this
subsection, a Specimen Tree shall be any other tree that has been designated by the Town
Council, upon recommendation by the Tree Board, after public hearing and due notice to
the owner of the tree, to be of high value because of its type, size, age or other relevant
criteria.
2. Historic Tree: Upon recommendation by the Tree Board, a Historic Tree shall be any tree
that has been designated by the Town Council, after public hearing and due notice to the
owner of the tree, as a tree of notable historical interest and value to the Town because of
its location or historical association with the community. A listing and map of all designated
Historic Trees shall be maintained and updated by the Director of Community Development
or authorized designee and made available to the public upon request.
Common Name Scientific Name
American Elm (Ulmus Americana)
Lacebark Elm (Ulmus Parvifolia)
Winged Elm (Ulmus Alata)
Southern Live Oak (Quercű Virginiana)
Escarpment Live Oak (Quercus Fusiformis)
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Sawtooth Oak (Quercus acutissima)
Shumard Oak (Quercus Shumardi)
Chinkapin Oak (Quercus Muehlenbergii)
Bur Oak (Quercus Macrocarpa)
Texas Red Oak Quercus Texana)
Water Oak (Quercus Nigra)
Bald Cypress (Taxodium Distichum)
Pecans And Hickories (Carya Species)
Chinese Pistache (Pistachia Chinensis)
Black Walnut (Juglans nigra)
Austrian Pine (Pinus Nigra, Pinus Nigra
Caramanica, Pinus Nigra Nigra)
Eldarica Pine (Pinus Eldarica)
Japanese Black Pine (Pinus Thunbergii)
Leyland Cypress (Cupressociyparis Leylandi)
Magnolia (Magnolia Grandiflora)
Eastern Red Cedar (Juniperus Virginiana)
Sweet Gum (Liquidambar Styraciflua)
Western Soapberry (Sapindus Drummondii)
Common Name Scientific Name
Aristocrat Pear (Pyrus)
Austrian Pine (Pinus Nigra, Pinus Nigra
Caramanica, Pinus Nigra
Nigra)
Bald Cypress (Taxodium Distichum)
Black Walnut (Juglans Nigra)
Burford Holly llex Cornuta Burfordii
Bur Oak (Quercus Macrocarpa)
Carolina Buckthorn (Rhamnus Caroliniana)
Chinese Pistache (Pistachia Chinensis)
Chinkapin Oak (Quercus Muehlenbergii)
Crepe Myrtle (Lagerstroemia Indica)
Eldarica Pine (Pinus Eldarica)
Escarpment Live Oak (Quercus Fusiformis)
Fruitless Crabapples (Maluś Species)
Hickories (Carya Species)
Japanese Black Pine (Pinus Thunbergii)
Lacebark Elm (Ulmus Parvifolia)
Magnolia (Magnolia Grandiflora)
Native Pecan (Carya Species)
Nelly R Stevens (llex Nelly R Stevens )
Plum (Prunus Species)
Possum Haw (Ilex Decidu)
Redbuds/Whitebuds (Cercis Species)
Sawtooth Oak (Quercus Acutissima)
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Shumard Oak (Quercus Shumardi)
Slippery Elm (Ulmus Rubra)
Southern Live Oak (Quercus Virginiana)
Sweet Gum (Liquidambar Styraciflua)
Texas Buckeye (Aesculus glabra variety
arguta)
Texas Red Oak (Quercus Texana)
Thornless Honey Locust (Gleditsia Triacanthos Variety
Inermis)
Wax Myrtle (Myrica Cerifera)
Western Soapberry (Sapindus Drummondii)
Winged Elm (Ulmus Alata)
Yaupon Holly (Ilex Vomitoria)
Section 8.09 Tree Protection Measures
A. The following tree protection measures shall be required:
1. Prior to any construction or any land development, the developer shall install four-foot-high
(4’) plastic (or equivalent) safety fencing around the drip line of Protected Trees and six-
foot-high (6’) chain link fencing around the drip line of Specimen, Majestic, and Historic
Trees. Prior to and during construction or land development, all Protected trees within thirty
feet (30’) of a public right-of-way, public easement or buildable lot area, as included on the
applicable approved and filed record plat, shall be marked with three-inch (3”)-wide red
ribbon or tape.
2. Prior to any construction or any land development, the developer shall establish designated
parking areas for the parking and maintenance of all vehicles, trailers, construction
equipment and related items and designated stockpile areas for the storage of construction
supplies and materials during construction of the subdivision. The location and dimensions
of said designated areas shall be clearly identified on both subdivision construction and site
plans. Said designated areas shall be completely fenced with chain-link fencing and gates
for safety purposes and to separate Protected, Specimen, Majestic or Historic Trees from
the construction area and related construction activity. The designated parking and
stockpile areas may be combined into one fenced area, provided the preservation of
Protected Trees is not adversely affected or jeopardized. Supplies and pipe and other items
that are customarily unloaded where installed shall not be required to be stored within the
designated stockpile areas.
3. During construction, the developer shall prohibit the cleaning of equipment or materials
and/or the disposal of any waste material, including, but not limited to, paint, oil, solvents,
asphalt, concrete, mortar, etc., under the canopy or drip line of any Protected, Specimen,
Majestic or Historic Tree or group thereof.
4. No attachments or wires of any kind, other than those of a protective nature, shall be
attached to any Protected, Specimen, Historic or Majestic Tree.
5. With major grade changes of six inches (6”) or greater, a retaining wall or tree well of rock,
brick, or other approved materials shall be constructed around the tree no closer than the
drip line of the tree. The top of the retaining wall or tree well shall be constructed at the new
grade.
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6. Unless otherwise approved by the Director of Community Development or the Town Tree
Board, no construction or construction-related activity shall occur under the canopy or drip
line of any Protected, Specimen, Majestic or Historic Tree or group thereof. Furthermore, if
a foundation, street or alley pavement, utility line, on-site sewerage facility, pool, tennis
court, patio, sidewalk, drive or parking lot must be constructed within the drip line of a
protected tree, it shall be constructed no closer than five feet (5’) from the trunk of such
protected tree provided further that the portion of any driveway or parking lot constructed
within the drip line of any Protected, Specimen, Majestic or Historic Tree or group thereof
shall be constructed of pavestone or other permeable materials as approved by the Director
of Community Development, or authorized designee.
7. Any permitted trees removed during land development, construction, or construction-related
activities shall be chipped or hauled off-site. Burning of removed trees is prohibited.
Section 8.10 Tree Permits
A. Tree Replanting Permit: Tree replanting permits shall be subject to the following procedures.
1. Application for Tree Replanting Permit: An application for a Tree Replanting Permit may be
submitted at any time and need not be submitted in conjunction with a development plan,
record plat or building permit. Tree Replanting Permits must be obtained by making
application to the Town’s Community Development Department on forms prescribed by the
Town. No fee shall be charged to make application for a Tree Replanting Permit. The
application shall also be accompanied by a written document indicating the reasons for
replanting of the protected tree or trees, and two (2) legible copies of a site or plot plan,
drawn to the largest practicable scale, indicating the following minimum information:
a. The existing location, caliper width, height, and common name of all protected trees
proposed to be replanted, and the proposed location or locations for such replanting of
such trees.
b. The location of all existing or proposed structures, improvements, easements, and site
uses, properly dimensioned and referenced to property lines, setback and yard
requirements, and special relationships.
c. The information required herein may be summarized in legend form on the site or plot
plan.
2. Review of Application for Tree Replanting Permit: Upon receipt of a proper application for a
Tree Replanting Permit, the Director of Community Development or authorized designee
shall review the application and may conduct field inspections of the site or development
and/or refer the permit application to other departments for review and recommendations as
deemed necessary and appropriate. The application for a Tree Replanting Permit shall be
approved unless the Town’s Director of Community Development or authorized designee
determines that the proposed replanting will unnecessarily damage or jeopardize the health
of the tree or trees proposed to be replanted. Such determination lies within the sole
discretion of the Director of Community Development. A denial of an Application for Tree
Replanting Permit by the Director of Community Development or authorized designee may
be appealed to the Tree Board. The decision of the Tree Board may be appealed to the
Town Council as provided in Section (b)(3) of Section 1.9 of this Chapter, the decision of
such permit application is final.
B. Tree Removal Permit: Tree Removal Permits shall be subject to the following procedures:
1. Application for Tree Removal Permit: Tree Removal Permits for the removal of Protected,
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Specimen, Majestic and Historic Trees in conjunction with the development, subdivision
and/or re-subdivision of real property shall be obtained by making application to the Town’s
Director of Community Development or authorized designee on forms prescribed by the
Town. The application shall accompany the site plan or plat of the development and shall
include a written document indicating the reasons for removal of the protected tree or trees.
The application must be completed and signed by a registered arborist or landscape
architect and must include two (2) copies of a legible Tree Survey, drawn to the largest
practicable scale, indicating the following:
a. The location, caliper width, height, and common name of all single-trunk trees of six
inches (6”) caliper width or greater, measured at one foot (1’) above natural grade
level, and at least twelve feet (12’) high; and all multi-trunk trees having a total caliper
width of eight inches (8”), measured by combining the caliper width of the largest stem
or branch with one-half (½) the caliper width of each additional stem or branch, all
measured at one foot (1’) above natural grade level, and at least twelve feet (12’) high.
b. The location of both the trunk and drip line, caliper width, height, estimated age (not to
be determined using invasive measures which might damage the tree), a reproducible
color photograph, and common name of all Protected, Specimen, Majestic, and
Historic Trees proposed to be removed.
c. Provide existing natural grade elevation and proposed final grade elevation at each
location for which for each protected tree for which a Tree Removal Permit is
requested.
d. The location and dimensions of all existing or proposed public streets, alleys, rights-of-
way, utility easements, drainage easements, fence easements, pedestrian access
easements or other public rights-of-way or easements.
e. The location of all existing or proposed property lines, lot lines, building lines, setback
and yard requirements, any proposed building footprint or floor plan, and other special
relationships or significant features of the proposed development plan, record plat or
site plan of the development.
f. Existing and proposed site elevations, grades and major contours: including a chart
listing all Protected, Specimen, Majestic, and Historic Trees, their respective locations,
and indicating where grades around protected trees will be changed by six inches (6”)
or more.
g. The information required herein shall be summarized in legend form on the Tree
Survey and shall include the reason for the proposed removal of the protected tree or
trees.
h. Each tree shall be identified by numerical reference on the Tree Survey.
i. Each tree shall be affixed with a permanent tag bearing the corresponding number as
depicted on the Tree Survey. The tag shall be permanently attached at a height not
less than five feet (5’) nor more than six feet (6’) above existing grade on the south
face of the tree.
j. The survey shall bear the stamp or seal of a registered surveyor relative to the
location of any trees and shall bear the stamp or seal of a registered landscape
architect, or registered arborist relative to the specie(s) of any trees.
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k. A sign shall be placed on each separate lot or tract for which a Tree Removal Permit
is requested to inform the general public that an application for a Tree Removal
Permit(s) has been filed relative to a Protected, Specimen, Majestic, or Historic Tree.
The sign must meet the following criteria:
i. The size of the sign(s) shall be three feet (3’) by four feet (4’) and be made out of
aluminum or corrugated plastic material;
ii. The sign(s) shall be mounted on stakes/poles;
iii. The sign(s) shall be visible from the street;
iv. There shall be one (1) sign for each street frontage; and
v. The sign(s) shall have a white background, with letters and borders being green
in color. The sign(s) shall state the following:
TOWN OF TROPHY CLUB, TX
A TREE REMOVAL PERMIT HAS BEEN
REQUESTED FOR THIS SITE
FOR INFORMATION, CALL 682.831.4680
2. Review of Application for Tree Removal Permit. An application for a Tree Removal Permit
shall be accompanied by the appropriate administrative fee as designated on the Schedule
Of Fees adopted by the Town Council, including all amendments thereto. Upon receipt of a
proper application accompanied by the appropriate fee, the Director of Community
Development or authorized designee shall review the application and may conduct field
inspections of the development and/or refer the permit application to other departments for
review and recommendations as deemed necessary and appropriate.
a. The application for a Tree Removal Permit, if required, shall be considered an integral
part of the application for site plan or plat approval, as applicable, and no site plan or
plat subject to the requirements of this Chapter shall be approved without the approval
of a Tree Removal Permit.
b. The Director of Community Development or authorized designee may approve,
approve with conditions, or deny a request for a Tree Removal Permit for Protected
Trees. An appeal of the decision of the Director of Community Development or
designee may be made to the Tree Board.
c. The Tree Board’s recommendation concerning an application for Tree Removal Permit
shall be reviewed by the Town Council. The Town Council may then approve the
application, approve it with conditions, or deny the application; however, the Town
Council may overturn the denial of an application for Tree Removal Permit by the Tree
Board only upon a finding that the subject development, subdivision or re-subdivision
cannot reasonably be developed, based on economic and/or practical considerations,
without removal of the tree or trees included in the permit application.
d. Approval for a Tree Removal Permit authorizing the removal of a Historic or Majestic
Tree shall require a three-fourths (¾) majority vote of the Tree Board and the Town
Council, respectively.
Section 8.11 Land-Disturbing Activities
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A. Approval and Permit Required: No Person shall engage in any land-disturbing activities,
including but not limited to the removal of trees, land clearing and/or grading or other pre-
construction preparatory activity without the required approvals and permits. All such land-
disturbing activities shall be confined to the interior limits of the grading area identified on an
approved grading plan. A clearing and grading permit is required in the Town prior to any land-
disturbing activity.
B. Exceptions: It shall be an exception to the permit requirement of this Section when a Person is
engaging in one or more of the following activities:
1. Land-Disturbing Activities in an emergency situation involving immediate danger to life and
property or substantial fire hazard;
2. Land Disturbing Activities of one (1) acre or less on a single lot, under one (1) ownership,
for the purpose of construction, landscaping and/or associated improvements for a single-
family residence to be constructed as indicated on the site plan submitted to the Director of
Community Development with an approved application for a building permit;
3. The removal of underbrush, dead trees or diseased or damaged trees which constitute a
hazard to life and property based upon a field inspection verification by the Parks and
Recreation Director;
4. Land-Disturbing Activities or other practices associated with and necessary to conduct
normal agricultural crop operations on a property, excluding timber cutting.
C. Standards
1. General Requirements
a. Land-Disturbing Activities and other operations l shall not create or contribute to
landslides, accelerated soil creep, and/or settlement.
b. Land-Disturbing Activities and other operations shall not create or contribute to
flooding, erosion, or increased siltation or other forms of pollution in a watercourse.
c. Land-Disturbing Activities and other operations shall be conducted so as to expose
the smallest practical area of soil to erosion for the least possible time, consistent with
anticipated build-out schedule
d. Debris shall be removed from cleared sites within six (6) months of the operation’s
completion date.
2. Cut and Fills
a. Slopes greater than three feet (3’) in height shall be no steeper than two (2) horizontal
to one (1) vertical foot, except where approved retaining walls are engineered and
installed and where trenches are refilled with material from the excavation or as
approved by the Town to meet other community or environmental objectives.
b. All topsoil removed during ground surface preparation shall be stockpiled on the site
and stabilized within fourteen (14) days.
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c. When the owner of any parcel raises lowers, or alters the level or existing grade of a
site by fill or excavation; he or she shall, at their expense, take all steps necessary to
ensure compliance with the following:
i. Take or cause to be taken all actions necessary to protect all adjoining property
from encroachment by such fill or excavation, or danger of collapse due to such
excavation either by the erection of an engineered retaining wall or by sloping
the sides of such fill or excavation either within the confines of the site; and,
ii. When engaging in land-disturbing activities; including, but not limited to, cut and
fill, such person shall not alter or otherwise compromise the intent or use of
existing drainage and utility easements as originally designed and approved by
the Town.
iii. Establishing Ground Cover: A temporary ground cover shall be established on
all graded or disturbed areas not intended to be developed within fourteen (14)
days of completion of any Land-Disturbing Activity.
D. Grading Plan Evaluation Criteria: When evaluating a Grading Plan, the Director shall review the
Grading Plan for compliance with the following criteria:
1. Appropriate footprint sizes are identified on the Grading Plan and developments are
designed in accordance with the natural terrain and drainage of the site. Erosion prevention
and control measures are utilized, including protection of natural swales and drainage
areas. Severely eroded areas are stabilized.
2. Mass cutting, filling and benching or terracing of existing slopes to create additional or
larger building sites are prohibited; therefore, the Grading Plan shall not include or propose
any such activity. The Grading Plan provides for the use of alternative treatments;
including, but not limited to, building the structure with slopes of the natural terrain, the use
of internal or external building retaining walls, and the use of low retaining walls on the site
to reduce site grading. Mass site grading is prohibited.
3. The Grading Plan includes all information necessary for the Director of Community
Development to determine that the project will result in the reasonable preservation of trees
under the standards set forth in Section 8.5 of this Chapter and the requirements of this
Section.
4. The area for which land-disturbing activity is proposed is limited by design to the area of
construction, and the site is left in its natural state otherwise during the course of
construction.
5. The Grading Plan shall include all information necessary for the Director of Community
Development to determine that it provides for the reasonable preservation of trees and
understory, and that the following criteria has been met regarding the selection of trees to
be preserved or removed. When making such determination, the Director shall consider all
relevant factors, including but not limited to the following:
i. Proximity of the tree’s or trees’ critical root zone or drip line to proposed grading
activity.
ii. That all necessary and appropriate permanent tree protection methods are employed
to protect the preserved tree from damage where the tree’s critical root zone may be
impacted.
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iii. Other remedial or protective measures have been employed, including site design
which improves the chances for tree survival.
iv. Temporary tree protection methods are adequately employed.
v. Construction methods for utility service to the site are used that allow protection and
preservation of additional trees; such as, tunneling under the critical root zones, tree
walls, or tree wells.
vi. Utility trenching activities are indicated on the plan.
Section 8.12 Appeals
A. Appeals. Any person or entity affected by an action or determination taken under this Article may
appeal such action by filing a written notice of appeal to the Town Manager within ten (10) days
of his/her receipt of Town’s action or determination. Upon receipt of such appeal, the Town
Manager shall forward the appeal to the Tree Board for consideration and recommendation to
Town Council. The Tree Board shall hear appeals within thirty (30) days of receipt of the notice
of appeal by the Town Manager. The person requesting relief shall have the burden of
demonstrating that good cause exists for the Tree Board to recommend that the action or
determination of the Town be reversed or amended. The Tree Board shall forward its
recommendation to the Town Council for final decision. The Town Council shall be the final
authority for making a good cause determination under this Section and shall make such
determination within thirty (30) days after the Tree Board has made its recommendation.
Economic hardship alone is not sufficient to support a finding that good cause exists.
Section 8.13 Penalty
It shall be unlawful for any person to violate any provision of this Chapter, and any person violating or
failing to comply with any provision of this Chapter shall be fined, upon conviction, not less than One
Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be
deemed committed upon each day during or on which a violation occurs or continues.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other ordinances of the Town
affecting the applicability of tree preservation 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
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If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
declares it would have passed such remaining of the Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance by copying the exact Caption and Effective Date clause in the
minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in
the Ordinance records of the Town.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand
Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
SECTION 7.
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 18th day of September, 2006.
_______________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Town Secretary
Town of Trophy Club, Texas
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[SEAL]
APPROVED AS TO FORM:
_________________________________________
Town Attorney
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-18-2006
Subject: Agenda Item No.E.9
Discuss and take appropriate action to award a contract for Town Planner
Services pursuant to responses to a Request for Proposals and authorizing
termination of the Town's contract with the current planner.
EXPLANATION:
Staff recently went of for RFP for Town Planner Consulting Services. Two firms
responded; Mitchell Planning Group, the town’s current planning consultant and Teague
Nall & Perkins.
RECOMMENDATION: Staff recommends Teague Nall & Perkins
(kcf)
Attachments: 1. Evaluation
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Evaluation Criteria
1. Consultant’s understanding of any compliance with the intent and
requirements of this governmental Planning Consultant Request For
Proposal. (5%)
MPG – Submitted 5 exceptions or modifications to the RFP and contract (including inability to
comply with insurance requirements).
Exceptions also include: annual increase of 5%; audit of MPG records will not be allowed at any
time; provision for termination also applies to MPG. MPG reserves the right to terminate the
contract.
1%
TNP – No exceptions or modifications made to the RFP or contract. 5%
2. Experience in providing Planning & Zoning services, including but not
limited to the specific services identified in this proposal. (50%) (16.6%)
MPG – Two staff members designated, 20+ yrs / 2 yrs experience. Consults for six cities. 10%
TNP – Six staff members designated, ranging from 3 to 39 yrs experience. Prior municipal and
government experience for more than 80 entities on a regular basis.
15%
3. Experience dealing with municipalities and other governmental entities
relative to Planning & Zoning services, including but not limited to those
outlined herein. (50%) (16.6%)
MPG – Consultant for six cities, involved with various projects ranging from project reviews and
ordinances.
12%
TNP – Consultant for 11 cities, involved with various projects ranging from project reviews,
ordinances, and parks and associated landscape designs. **AICP Certified**
15%
4. Ability, capacity, skill and organization of the respondent to provide
services within budget and required timeline. (50%) (16.6%)
MPG – (Has had issues in the past with meeting availability, postponements and rescheduling,
some deadlines have not been met and had to be extended) Review times may be longer due to
less staff and work load of consultant at any given time
10%
TNP – Consistent two week review turnaround. More resources at their disposal for various
projects.
15%
5. The character, integrity, reputation, judgment and efficiency of the
consultant. (15%) / (5%)
MPG – Established firm 5%
TNP – Established firm; several company awards 5%
6. Manner in which the consultant will work with staff. (30%) / (15%)
MPG – Individuals are assigned to projects and those individuals interface with staff on their
assigned area(s)
10%
TNP – Internally structured as a team. Team is assigned to a project with one point of interface 15%
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with staff
7. Financial stability and credit history. (15%) / (5%)
MPG – 6+ years in business, relatively debt free 5%
TNP – 30+ years in business, relatively debt free 5%
8. Quality of proposal and presentation of materials. (15%) / (5%)
MPG – Informative 3%
TNP – Professional presentation, detailed information provided 5%
9. Pricing and best value. (30%) / (15%)
MPG – Hourly Rate: $95
Monthly Retainer: $3000 (32 hours)
Itemized: Reviews: $950 (includes meetings for case); Staff Meetings - $95/hr; Public Meetings -
$95/hr; Replats-$950 (includes meetings for case) (travel time not included)
****Pricing Increases 5% annually****
8%
TNP – Hourly Rates: Planner I - $87/hr; Planner II - $95/hr; Sr Planner - $120/hr
Monthly Retainer: $2,000 (no limit specified)
Itemized: Reviews -$500; Staff Meetings -$250.00; Public Meetings - $250; Replats -
$250/submittal
(flat fee includes travel time)
12%
Total:
Mitchell Planning Group – 64%
Teague Nall & Perkins – 92%
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-18-2006
Subject: Agenda Item No.E.10
Council to discuss and provide input regarding the procedures by which
Council will move forward on Vision 2010.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-18-2006
Subject: Agenda Item No.E.11
Discuss and take appropriate action relative to an Ordinance amending
Chapter 10 entitled, "Public Safety", Article II, entitled "Traffic and
Vehicles", of the Code of Ordinances, by amending Sections 2.05 entitled,
"Parking", Subsection B.
EXPLANATION:
This is the item that was on the August 7th agenda. As directed, staff notified residents
of potential changes. This was publicized on the website, newsletter, ListServe and a
press release sent to the Trophy Club Times, which is expected to be included in the
September 15, 2006 issue.
Per Council’s request, staff will bring recommendations on the placement of no parking
signs on Village Trail to the Council at this meeting. If the recommended changes are
adopted, the exact location of no parking signs, included any erected on Village Trail,
will no longer need to be included in the Ordinance since it includes general language
that parking is prohibited where signs are erected or curbs are painted indicating that
such is not allowed.
These amendments bring our ordinance language in line the State Transportation Code
with regard to parking restrictions and specifically prohibits parking between 22 and 42
West Hillside Place, which is on the east side of the street. No parking signs have
been in place for some time to ensure emergency vehicle access since this roadway is
used for overflow parking for Harmony Park. It also prohibits parking on the north
bound and east bound lanes of Indian Creek between Heritage Court and Timberline
Court. Parking is already prohibited on the other side of the street and it appears that
this section may have been accidentally omitted from the original ordinance.
All the areas where parking is specifically prohibited in our existing ordinance are also
provided for Council review. Historically, parking has been prohibited on Indian Creek
and Trophy Club Drive unless the homes face the roadway. This helps improve visibility
for drivers traveling on Indian Creek and Trophy Club Drive as well as drivers entering
from the side streets. The language in our ordinance reflects that policy and staff would
recommend against it being changed.
We have received complaints about residents parking on the newly designated shoulder
of Indian Creek where parking is prohibited. While signage is not currently present in all
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the areas, some drivers are parking on the shoulder in front of the no parking signs. If
reviewed and reaffirmed by the Town Council, no parking signs would be placed in the
appropriate areas to make drivers aware of the restrictions. In addition, resident
communication would be provided via all available means to help educate the residents
on the restrictions.
RECOMMENDATION:
Staff recommends approval.
(bg)
Attachments: 1. Ordinance
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141
142
143
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-18-2006
Subject: Agenda Item No.E.12
Discuss and take appropriate action to approve financials dated August
2006.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
145
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-18-2006
Subject: Agenda Item No.E.13
Discuss and take appropriate action to approve Minutes dated, August 7,
2006.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. August 7, 2006 Minutes
146
MINUTES OF A BUDGET WORKSHOP/REGULAR TOWN COUNCIL
MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, August 7, 2006
6:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Budget Workshop/Regular Session on
Monday, August 4, 2006. The meeting was held within the boundaries of the Town and was open to the
public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Roger Williams Mayor Pro Tem
Susan Edstrom Council Member
Gregory Lamont Council Member
Philip Sterling Council Member
TOWN COUNCIL MEMBERS ABSENT:
Pam Cates Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Roger Unger Finance Director/Assistant Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Beth Ann Gregory Community Development Director
Adam Adams Parks and Recreation Director
Tom Shehan Interim Police Chief
Danny Thomas Acting Fire Chief
Mike Pastor IS Manager
Kerin Fleck Planning Coordinator
A.1 Mayor Sanders called the Regular Session to order at 6:08 p.m. noting a quorum was present.
A.2 Mayor Sanders gave the Invocation.
A.3 Roger Unger led the pledges.
TOWN COUNCIL TO CONVENED INTO WORKSHOP SESSION AT 6:10
*WORKSHOP SESSION
A.4 Budget Workshop
Brandon Emmons presented the Town Council with a balanced budget to include current tax rate and all
amendments suggested at the last meeting.
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Mayor Pro Tem Williams questioned the projected Town Valuation before and after the freeze. Brandon
Emmons clarified that the $680,000,000 is the property value based on revenue.
Council member Lamont addressed the Marshall Creek Park budget and provided figures he calculated
as current operating costs with overhead. Lamont stated that these revenues need to be built
back up in order to apply back to parklands.
Council member Edstrom contended that Council member Lamont’s figures are inaccurate. Edstrom
commented that even without the park, the staffing levels would not change nor would there be
an elimination of costs, that the figures provided only inflate the costs of Marshall Creek Park.
Mayor Sanders cautioned the Council members to stay on the subject as this is not a debate on Marshall
Creek Park.
Council member Sterling added that the figures provided by Council member Lamont is a cost estimate
on how to increase revenue.
Mayor Pro Tem Williams explained that this is not a debate on the validity of Marshall Creek Park; that the
cost accounting figures provided by Council member Lamont is good information and provides an
understanding of what it actually costs the Town. Williams is in favor of raising the fees at the
Park.
Council member Lamont clarified that his opening remark was to generate revenues at Marshall Creek
Park, not to get rid of it. Lamont defended his figures as he believes that we are not charging
enough for entrances at the Park and in order to increase revenues we need to understand what
the true costs are.
Adam Adams advised that the TPWD has informed the Town that the Marshall Creek Park grant has
been approved, pending approval from Corp of Engineers. Adams added that this grant provides
a way for the Town to charge more, thus generating revenues.
Brandon Emmons provided that Staff has started surveying people entering the Park to determine their
residency.
Mayor Pro Tem Williams complimented Staff for presenting a balanced budget that does not include a tax
increase.
Mayor Sanders summarized that the budget presented includes a COLA, a merit raise fund and five new
employees.
Roger Unger stated that the Town Secretary has a copy of the budget for public viewing
TOWN COUNCIL TO RECONVENED INTO REGULAR SESSION AT 7:00
*REGULAR SESSION
B.1 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be
no action taken regarding any individual project posted under this item and discussion will be
limited. If extensive discussion is required, the item may be placed on a future agenda.
Administration:
2006-07 Fiscal Year Budget - The 2006-07 Fiscal Year Budget for the Town of Trophy Club was turned
over to the Town Secretary on Monday, July 31st and is available for public viewing in the Town offices.
Executive Director of the Children’s Advocacy Center for Denton County, Dan Leal will be making a
presentation to Town Council at the August 21st meeting.
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NISD, Superintendent, Dr. Karen Rue will be making a presentation to Town Council at the September
18th meeting.
Community Development:
Traffic Calming - The traffic calming project on Indian Creek is nearing completion. For safety and
visibility, much of Indian Creek is designated as a no parking zone. Residents are reminded that parking
restrictions will continue to be enforced.
Beginning of School - The crosswalks around the schools have been repainted in preparation for the
beginning of school this Thursday, August 10th. Drivers are reminded to use caution around schools and
where buses are loading and unloading.
Storm Drains - The Inverness Storm Drainage Project is in the final stages and should be complete this
week.
Permitting - Since October 1, 2005, twenty three (23) building permits have been issued for new homes at
a value of $12.4 million.
The Texas Back Institute received their certificate of occupancy and opened their 6,250 sq. ft. office at the
Medical Center on August 1st.
Finance:
Public Hearing - Town Council will conduct a Public Hearing regarding the budget and proposed tax
increase for fiscal year October 1, 2006 to September 30, 2007 at their August 21st meeting.
Parks and Recreation:
New Pool hours starting today
Weekdays 5:00 – 8:00 P.M.
CLOSED ON TUESDAYS
Weekends 12:00 – 8:00 P.M.
The Pool will be closed to the public on Friday, August 11th for the Lakeview Pool Party.
P & R was contacted by TPWD to inform us that we have been approved for the Marshall Creek Park
grant, pending approval from Corp of Engineers.
The Corp of Engineers has given the Town permission to change the name of Marshall Creek Park.
Planning & Zoning:
Taco Bueno: The Planning & Zoning Commission in a 4-against, 3-for vote, recommended denial of Taco
Bueno's request for PD amendment to allow a restaurant with drive-thru facilities. This case will be
forwarded to the Town Council 8/21/06. Reason for denial: Major traffic concerns with regard to ingress
and egress of the site.
Value Place: The Planning & Zoning Commission in a unanimous vote recommended approval of the
request to amend PD-25 to increase the PD's boundaries to encompass a small triangular tract of land to
the south of the existing development. A concept plan was approved as well as a Replat for tract 5, with
a vote of 6-for and 1-against for both requests. These items will be forwarded to the Town Council
8/21/06.
Town Planner RFP: Staff received two responses; Mitchell Planning Group and Teague Nall & Perkins.
We anticipate having a recommendation for Council in September.
Police and Fire Services:
Police
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On August 1st, Warrant Officer Teri Weimer-Simmons was the recipient of the Police Department Life
Savings Award for actions taken while working as a Town Police Officer.
Fire
The concession stand at Beck Fields (McCombs Field) was destroyed by fire on Saturday, August 5th.
B.2 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.
Keith Barnes, 20 Ridgewood Drive – Submitted a letter to be read into the record stating his concern
regarding Centurion American possibly replacing DR Horton as the developer of the recently
rezoned land requesting that the Council and Town Management take proactive measures to
address the situation.
Bob Radder, 1 Lee Court – Advised the Council that he is disappointed that there are no positions being
added to the Fire Department. Radder also supports Danny Thomas as the Fire Chief due to his
time of service.
D.1 Discuss and take appropriate action regarding a Resolution to approve the placement of a
proposal to adopt a 2006 Tax Rate on the September 18, 2006 Town Council Public Meeting
Agenda as an action item.
Motion made by Council member Edstrom, seconded by Mayor Pro Tem Williams to approve a
Resolution to approve the placement of a proposal to adopt a 2006 Tax Rate on the September
18, 2006 Town Council Public Meeting Agenda as an action item.
Council member Lamont clarified that the notice has to read tax rate increase, but the Town’s values are
going up.
Mayor Pro Tem Williams wants to be sure that the citizens are aware that taxes are not being increased.
Motion passed unanimously with Mayor Pro Tem Williams and Council members Lamont, Edstrom and
Sterling voting for.
D.2 Discuss and take appropriate action regarding an Interlocal Agreement authorizing the Town to
participate in the North Texas Government Benefit Alliance (NTGBA).
Mayor Sanders advised that Brandon Emmons suggested this item be referred to the August 21st
meeting. Mayor Sanders explained that by tabling, Council would than have to remove from
table, whereas if a motion was made, but not seconded it would die and staff could place on a
future agenda if necessary.
Motion died for a lack of Motion.
D.3 Discuss and take appropriate action relative to an Ordinance amending Chapter 10 entitled,
"Public Safety", Article II, entitled "Traffic and Vehicles", of the Code of Ordinances, by amending
Sections 2.05 entitled, "Parking", Subsection B.
Beth Ann Gregory stated that these amendments would bring this Ordinance in line with the State
Transportation Code in regard to parking restrictions and specifically prohibits parking between
22 and 42 West Hillside Place, which is on the east side of the street. No parking signs have
been in place for some time to ensure emergency vehicle access since this roadway is used for
overflow parking for Harmony Park.
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Beth Ann Gregory confirmed that the purple area on the map is the north bound and east bound lanes of
Indian Creek Drive between Heritage Court and Timberline Court which will be no parking.
Brandon Emmons suggested the following language revisions, Section 2Bb, add “and along the north
bound and east bound lanes of Indian Creek Drive between Heritage Court and Timberline Court”
to the end.
Motion made by Mayor Pro Tem Williams, seconded by Council member Lamont to approve an
Ordinance with the suggested changes.
Mayor Pro Tem Williams agrees with these amendments, but feels that we need to notify the citizens,
especially since there are no signs currently. Beth Ann responded that in the interest of public
safety, the State allows us to prohibit parking without notification, unlike with zoning.
Mayor Pro Tem Williams suggested that Council approve with a future effective date in order to allow for
notification to the citizens.
Mayor Sanders agreed that staff should notify the residents first.
Mayor Pro Tem Williams amended the motion referring until the September 18th meeting, the second
agreed.
Motion passed unanimously without further discussion
D.4 Discuss the use of a Pre Council Workshop prior to each council Meeting.
Brandon Emmons stated that traditionally the purpose of a pre-council workshop is to allow for the free
exchange of ideas and suggestions regarding items posted on the agenda. The use of a
workshop setting will also allow for increased input from staff providing for a more conversational
approach to problem solving. Emmons suggested that when necessary the work sessions would
last for one-half hour.
Mayor Sanders advised that a Pre-Council workshop would possibly help with issues that occurred the
previous meeting with Star Wood and that Council could provide direction under the next item.
Mayor Pro Tem Williams, Council member Lamont and Edstrom all agree that this is a good idea.
Edstrom added that she would be more comfortable if the workshops were taped so that
residents have the benefit of hearing the discussion. Edstrom’s preference would be to start the
workshops no earlier than 6:30.
Council member Sterling also agrees that this good new idea, and questioned how this item would be
posted, as, the Council would not know necessarily know if they needed a workshop, until they
saw the agenda.
Patricia Adams suggested that we post to each agenda with a general pre-council workshop and then
could move on to regular session if a workshop was not needed.
Council member Lamont thinks that there is always issues to discuss and disagrees with taping the
workshops.
Council member Edstrom commented that residents of cities who do not tape their workshops do not see
the debate unless they attend. Edstrom believes that the Town cannot do enough to get
information out and feels that if a Council member has a questions on a posted item, that they do
not want to ask in open session, they have two days to get their question answered.
Council member Lamont feels that if the residents are interested or concerned they will show up to the
workshop.
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D.5 Discuss and provide input regarding an Ordinance amending Article VI, "Town Council Rules of
Procedure", of Chapter 1 of the Code of Ordinances, entitled “Administration”.
Mayor Sanders provided that several items were corrected; meeting start times, the fact that the Mayor
does not prepare the agenda /packet, time limit change for citizens presentation under public
hearing, the elimination that the Chief of Police would always attend the meeting and included
that the Town Manger report would be oral.
Mayor Pro Tem Williams asked that Section H, “Parliamentary Motions and Precedence” subsection (1)
read: Discussion of Items: Each agenda item shall be considered open for discussion when a
main motion to consider the item is properly made and seconded, and the rest of the section be
removed.
Mayor Sanders suggested that Section B, Suspension of Rules read, “Any provision of these rules may
be temporarily suspended by a two-thirds vote of all members of the Town Council in
attendance.” Sanders also asked for input on the practice for placement of an item to this list, if
there should be a consensus of the Council to have the item added? Sanders added that that
Council has ten days to place an item on the agenda and that the items for future agendas serve
to notify the residents.
Council member Sterling thinks that this section reads fine, Council uses Roberts Rules and if one person
wants and item added, it should be added. Both Council member Edstrom and Mayor Pro Tem
agreed.
Mayor Pro Tem Williams requested that the pre-council workshop be added.
Council directed staff to reword the Ordinance for the next meeting.
D.6 Discuss and provide input regarding an ordinance amendment to Chapter 10, entitled "Public
Safety" of the Trophy Club Code of Ordinances, by adding Article XII, entitled "Registered Sex
Offenders", prohibiting designated persons from residing within 1,000 feet of premises where
children gather.
Council member Edstrom said that residents have asked her please approve this.
Council member Lamont questioned if we could make extend the 1,000.
Council member Sterling said that the wording ‘where children commonly gather’ should be more finite
and requested that the ordinance specifically say churches.
Patricia Adams advised the Council to be careful about adding churches due to freedom of religion.
Adams said that the State Legislation is currently looking at these restrictions and that there may
possibly be more direction given in the future.
The Council directed staff to move forward on the ordinance.
D.7 Discuss and provide input regarding an amendment to Chapter 8, entitled "Nuisances" of the
Trophy Club Code of Ordinances, by amending Sections 4.01 – 4.05 to Article IV, entitled
"Abandoned and Junk Vehicles".
Brandon Emmons advised that the revisions are necessary to comply with State Law. Emmons spoke to
the issues raised to define a boat as a junk vehicle and explained that a boat does not fall under
the State Law’s definition of a junk vehicle.
Council member Lamont questioned number 4, Garage Keeper to which Brandon Emmons explained as
an actual commercial business.
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Emmons confirmed that this Ordinance does not address a resident who runs a business from her home,
and will have several trucks parked in the street as questioned be Council member Edstrom.
Patricia Adams added that issue would be addressed under Home Occupation.
The Council directed staff to move forward on the ordinance.
D.8 Discuss and provide input regarding an Ordinance appointing a Records Management Officer
and regulating records management by the Town.
Brandon Emmons provided that State law requires that the Town designate either a person or an office
as its Records Management Officer. Currently the position of Computer Support Specialist
functions as the Records Management Officer. The proposed revisions update the Records
Management Ordinance to designate the Records Management Officer and to update procedural
requirements in accordance with state law.
Council member Lamont pointed out a typo on page 60, mean should be means.
Mayor Pro Tem Williams prefers to designate the position.
Mayor Sanders clarified that the Computer Support Specialist would be the designated RMO with the
Town Secretary having oversight.
D.9 Discuss and take appropriate action to approve Minutes dated, July 24, 2006.
Motion made by Council member Edstrom, seconded by Council member Sterling to approve the Minutes
dated, July 24, 2006.
Motion passed 3:0; with Council members Lamont, Edstrom and Sterling voting for and Mayor Pro
Williams abstaining.
D.10 Items for Future Agenda.
Council member Lamont asked that Dan Leal, Executive Director of the Children’s Advocacy Center for
Denton County be removed as the item was listed twice, asked if the word increase could be
removed from the Public Hearing regarding the budget and proposed tax rate and requested that
the P & R Board minutes be scanned and added to the Town’s website.
F.1 Adjourn.
Motion made by Mayor Pro Tem Williams, seconded by Council member Lamont to adjourn.
Motion passed unanimously, the meeting was adjourned at 8:27.
* The Town Council may convene into executive session to discuss posted items as allowed by the Texas
Open Meeting Act, LGC.551.071
_________________________________ ________________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
153
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-18-2006
Subject: Agenda Item No.E.14
Discuss the procedures and provide direction for moving forward on future
amendments to the Town Charter.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
154
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-18-2006
Subject: Agenda Item No.E.15
Items for Future Agenda.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1.List
155
10/2/06
Discuss and receive input relative to an Ordinance on Building Standards.
Discuss and take appropriate action regarding the amendment to Ordinance 2002-44, extending
the Franchise contract with Charter communications.
Discuss and take appropriate action regarding an Interlocal agreement with Southlake and
Roanoke for animal control.
Items for Future Agendas – Dates to be Determined
Discussion about storm water discharge from pools.
Review of the Building Standards Ordinance (specifically maintenance of all buildings and the allowance
of metal buildings)
Discuss and appropriate action regarding a policy for accepting gifts.
Review of Advisory Groups Committees Policies.
Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of
improvements for area to create a linear park.
Payment Agreements with Master District for municipal annex.
Discuss and take appropriate action relative to an Ordinance amending Article IV, "Sign Regulations",
Chapter 5 of the Code of Ordinances, entitled "General Land Use", by amending Sections 4.05. (relative
to political signs and quantity per commercial lot.)
Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an Ordinance establishing
the Town's Emergency Management System.
Consideration of enactment of Hotel/Motel Tax.
156
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-18-2006
Subject: Agenda Item No.F.1
Town Manager Report and Discussion Regarding Project Updates as Listed
Below: There will be no action taken regarding any individual project
posted under this item and discussion will be limited. If extensive
discussion is required, the item may be placed on a future agenda.
Administration:
· Update
Community Development:
· Update
Finance:
· Update
Information System:
· Software and Systems Update
Parks and Recreation
· Facilities and Programs
Planning & Zoning
· Zoning Submissions
Police and Fire Services
· Police Services Bureau
· Fire Services Bureau
Attachments: 1. None
157
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 9-18-2006
Subject: Agenda Item No.G.1
Adjourn.