Minutes TC 10/27/2015MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Tuesday, October 27, 2015 at 7:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, October 27, 2015. The
meeting was held within the boundaries of the Town and was open to the public.
STATE OF TEXAS §
COUNTY OF DENTON §
TOWN COUNCIL MEMBERS PRESENT:
C. Nick Sanders
Mayor
Greg Lamont
Mayor Pro Tem, Place 5
Jim Parrow
Council Member, Place 1
Garrett Reed
Council Member, Place 2
Rhylan Rowe
Council Member, Place 3
Tim Kurtz
Council Member, Place 4 arrived at 7:06 p.m.
Philip Shoffner
Council Member, Place 6
STAFF AND GUEST(S) PRESENT:
Stephen Seidel
Town Manager
Patricia Adams
Town Attorney
Steven Glickman Assistant Town Manager/CFO
Holly Fimbres
Town Secretary/RMO
Adam Adams
Parks and Recreation Director
Pat Cooke
Development Services Manager
Ron Ruthven
Town Planner
Tracey Shields
Police Lieutenant
Danny Thomas
Fire Chief
Mayor Sanders announced the date of Tuesday, October 27, 2015, called the Town Council to order and
announced a quorum at 7:00 p.m.
The Invocation was offered by Council Member Parrow.
The Pledges were led by Council Member Shoffner.
(Town Secretary Note: The agenda items were presented in the following order: Citizen Presentations; Consent
Agenda; Item No. 6; Item No. 7; Item No. 8; Item No. 9; Item No. 10; Item No. 11; Item No. 13; Item No. 14; Item
No. 15; Executive Session; and Items No. 17 and 12 were presented simultaneously)
CITIZEN PRESENTATIONS
This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda.
The Council is not permitted to take action on or discuss any presentations made to the Council at this time
concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to
the Council addressing those items. You may speak up to four (4) minutes or the time limit determined by the
Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the
topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority.
There were no citizen presentations.
Town Council Minutes October 27, 2015 Page 1 of 37
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one
motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed
from the consent agenda and will be considered separately.
1. Consider and take appropriate action regarding the Minutes dated September 22, 2015. (Town Secretary
Note: Approved as presented in the Town Council agenda packet)
2. Consider and take appropriate action regarding the Minutes dated September 28, 2015. (Town Secretary
Note: Approved as presented in the Town Council agenda packet)
3. Consider and take appropriate action regarding financial and variance report dated September 2015.
4. Consider and take appropriate action regarding the Fourth Quarter Investment Report for Fiscal Year 2015.
5. Consider and take appropriate action regarding the approval of the Town's application for Electric Reliability
Council of Texas ("ERCOT") membership for 2016 and the ERCOT Membership Agreement; authorizing the
payment of required membership fees; and authorizing the Mayor or his designee to execute all necessary
documents.
Attachment A — ERCOT Membership Agreement
6. Consider and take appropriate action regarding a Resolution of the Town Council in support of statewide
Proposition 7 for increased State funding for transportation; and providing an effective date.
Council Member Parrow requested to remove Item No. 6 from the Consent Agenda.
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to approve the Consent Agenda
Item No. 1 through 5.
Motion passed unanimously.
REGULAR SESSION
6. Consider and take appropriate action regarding a Resolution of the Town Council in support of statewide
Proposition 7 for increased State funding for transportation; and providing an effective date.
Council Member Parrow stated that he removed the item due to the fact that there were seven other propositions
on the ballot and he questioned the appropriateness of selecting one proposition to publicly support.
Mayor Sanders stated that the Regional Transportation Council requested support of the proposition and no other
entity requested support of the other propositions.
Motion:
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Shoff ner, to approve Resolution No. 2015-
34, supporting statewide Proposition 7 for increased State funding for transportation; and providing an effective
date of October 27, 2015.
Motion carried 6-1-0 with Mayor Sanders, Mayor Pro Tem Lamont, and Council Members Reed, Rowe, Kurtz, and
Shoffner voting for, and Council Member Parrow voting against.
Town Council Minutes October 27, 2015 Page 2 of 37
7. Receive public input regarding the Police and Town Hall facility; discussion of same.
There was no one present that wished to speak regarding the item.
Mayor Sanders commented that the scale model is on display in the Community Services lobby
No action was taken on this item.
8. Consider and take appropriate action regarding an Ordinance of the Town repealing Subsection "A",
"Reservations" of Section 8.12, "Parks and Recreation" of Article VIII, "Schedule of Fees" of Chapter 1,
"Administration" and adopting a new Section 8.12(A), "Reservations" of Article VIII, Chapter 1 of the Code
of Ordinances adopting park fees for pavilion rental and tournaments; providing for publication and
providing an effective date.
Town Manager Seidel provided an update regarding the item and stated that the ordinance included a proposal for
a baseball tournament gate fee and a tournament overflow game fee.
Motion:
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to approve Ordinance No. 2015-37,
repealing Subsection "A", "Reservations" of Section 8.12, "Parks and Recreation" of Article VIII, "Schedule of Fees"
of Chapter 1, "Administration" and adopting a new Section 8.12(A), "Reservations" of Article VIII, Chapter 1 of the
Code of Ordinances adopting park fees for pavilion rental and tournaments.
Council Member Shoffner inquired about soccer tournaments.
Parks and Recreation Director Adams advised that the soccer association only had one scheduled tournament last
year, which was run as a benefit for a local group. He suggested that based on having one tournament per year,
tournaments should be addressed in their contract verses the schedule of fees.
The vote was taken.
Motion passed unanimously.
9. Consider and take appropriate action regarding a Right -of -Way Encroachment and Joint Use Agreement
between the Town and Trophy Club Municipal Utility District No. 1 for the Wastewater Treatment Plant
site; and authorizing the Mayor or his designee to execute all necessary documents.
Attachment 8 — Partially Executed — Right -of -Way Encroachment and Joint Use Agreement
Motion:
Motion made by Council Member Parrow, seconded by Council Member Kurtz, to approve the Right -of -Way
Encroachment and Joint Use Agreement between the Town and Trophy Club Municipal Utility District No. 1 for the
Wastewater Treatment Plant site; and authorizing the Mayor or his designee to execute all necessary documents.
Motion passed unanimously.
10. Discuss and provide direction to staff regarding potential amendments to the Town golf cart ordinance in
order to address the use of special vehicles on Town roads.
Attachment C — Texas Department of Public Safety Handout and Transportation Code
Mayor Sanders commented that a couple of citizens had contacted him regarding the requirement of license plates
for special vehicles.
Town Attorney Adams advised that the Town currently allows Low -Speed Vehicles (LSV) and Neighborhood Electric
Town Council Minutes October 27, 2015 Page 3 of 37
Vehicles (NEV) and that they are required to have a license plate issued by the State of Texas, but that they are not
required to obtain a Town permit.
Police Lieutenant Shields commented that the issue is State law requires NEV's and LSV's to be licensed and that
the Town does not have authority to circumvent State law requiring less of a restriction. She pointed out that
NEV's have a vehicle identification number (VIN) number and golf carts have serial numbers. Additionally, she
advised that there have only been two residents that were informed that they needed to obtain a license plate for
their NEV's.
Mayor Sanders received consensus not to require a Town permit for NEV's or LSV's since they were already
required to obtain a license plate.
Council Member Shoffner commented that the current ordinance already addresses the subject regarding a Town
permit not being required for NEV's and LSV's because they fall under the Texas Transportation Code.
No action was taken on this item.
11. Discuss and provide direction to staff regarding potential amendments to the Town overnight parking
ordinance and permit system, including extended temporary permits.
Council Member Shoffner provided a brief history related to the changes made to the overnight parking ordinance,
which began with Ordinance No. 1986-09. A couple years later, Ordinance No. 1988-23 and Ordinance No. 1988-
26 implemented the ability to park with a permit, instituted a $50 fee per vehicle, and that there were four (4) or
more vehicles in the household of the person requesting the permit. Then Ordinance No. 2004-09 required a $50
permit fee per vehicle, which was non-transferrable, and remained in effect until the vehicle was sold. In 2006,
Ordinance No. 2006-09 lowered the amount of vehicles to three (3) or more vehicles in the household of the
person requesting the permit, the fee was raised to $150 for the first three (3) vehicles, the fourth vehicle had a
permit fee of $50, and the annual renewal fee was $10. In 2011, Ordinance No. 2011-39 implemented a maximum
of two (2) permits may be issued per household, an annual renewal fee of $75, permits issued on a calendar year
basis, omitted the visitor section and added an extraordinary circumstance section, and temporary permits are $10
and are not to exceed seven (7) days. Additionally, he suggested that the fee should be a flat rate of $100 each
year.
Police Lieutenant Shields stated that the current ordinance requires that three (3) or more vehicles be registered
to the address of the person requesting the permit. She added that there are several residents that have company
vehicles and that currently permits are not allowed for company vehicles. She advised that a possible solution
would be to take out the section that requires the vehicles to be registered with the residence. Additionally, she
stated that currently there are approximately 14 valid permits.
Discussion took place that from October 27, 2014 to October 27, 2015, there have been 373 warnings issued and
21 citations issued for violation of the parking from 3 a.m. to 5 a.m.
Council Member Shoffner suggested removing "temporary visitor parking when capacity of driveway is insufficient
to hold all Motor Vehicles" from Section 3 of the proposed ordinance, listed on page 300 of the Council Agenda
Packet. Additionally, he requested that the following language be added back to the proposed ordinance: "It shall
not be a violation of this ordinance for a non-resident of the Town, while visiting a resident of the Town, to park or
stand a vehicle owned or controlled by the non-resident on a public street, highway or other public right-of-way
between the hours of 3:00 a.m. and 5:00 a.m., provided that notice of such parking or standing is given to the
Chief of Police or designee by no later than 5:00 p.m. of the immediately previous day. Such parking or standing
shall not exceed seven (7) consecutive days nor a total of fourteen (14) days in any one calendar month. Any
vehicle parked as permitted by this section shall be parked directly in front of the residence being visited in such a
manner as not to obstruct access to the private driveways of neighboring residents".
Town Council Minutes October 27, 2015 Page 4 of 37
Discussion took place to remove "nor a total of fourteen (14) days in any one calendar month" from the above
mentioned language to be added to the proposed ordinance so that it reads: "it shall not be a violation of this
ordinance for a non-resident of the Town, while visiting a resident of the Town, to park or stand a vehicle owned
or controlled by the non-resident on a public street, highway or other public right-of-way between the hours of
3:00 a.m. and 5:00 a.m., provided that notice of such parking or standing is given to the Chief of Police or designee
by no later than 5:00 p.m. of the immediately previous day. Such parking or standing shall not exceed seven (7)
consecutive days. Any vehicle parked as permitted by this section shall be parked directly in front of the residence
being visited in such a manner as not to obstruct access to the private driveways of neighboring residents".
Mayor Sanders received consensus to change both the permit fee of $150 and the renewal fee of $75 to $100.
Council Member Reed commented that he was in favor of the current ordinance because he believed that it helps
make the Town unique. He stated that he would encourage a policy that keeps vehicles off the street during the
early hours.
Mayor Sanders stated that he supported the concept of obtaining a permit to help keep vehicles off the street, but
that there are certain circumstances for residents with multiple vehicles and different work schedules, or college
students home for the summer. He supported having a temporary permit in place for 90 days so that residents do
not have to constantly renew their permits.
Council Member Rowe commented that he understands the need for a temporary permit and that he would be in
favor of a 90 day permit but that there be an opportunity to discuss the permit fee amount.
Discussion took place regarding the fee and timeframe for temporary permits. Additional conversation took place
that the more prevalent times of year for complaints are during the summer and holiday season.
Council Member Shoff ner commented that he would like to establish, under Section 4, for annual and temporary
permits, that vehicles would be required to park in front of the residence where the permits were issued, with the
exception that if the Town or the Trophy Club Municipal Utility District No. 1 needed to perform driveway repair or
construction.
Mayor Sanders received consensus to bring the item back for discussion.
Council Member Rowe commented that he would like the residents to understand that the nature of the
ordinance was to provide aesthetics and safety to the Town.
No action was taken on this item.
12. Discuss and take appropriate action regarding a water rate review request, and Public Utility Commission of
Texas appeal process.
The Council met in Executive Session and took action for Item No. 12 simultaneously with Item No. 17.
13. Town Council Liaison Updates; discussion of same:
*Parks and Recreation Board, October 19, 2015
Council Liaison - Council Member Philip Shoffner
Provided update, no action taken, just discussion.
14. Town Manager Seidel's update regarding the following; discussion and provide input regarding same.
• Early Voting Dates
• Implementation of Laserfiche
• Community Clean Up
Town Council Minutes October 27, 2015 Page 5 of 37
• Fall Festival
Town Manager Seidel updated the Council and addressed questions; no action taken, update only.
15. Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular
Session Council Agenda for November 10, 2015 meeting and discussion of Future Agenda Items.
This item allows Council to request the placement of items on upcoming agendas when the topic of discussion
requires research and review that cannot be accomplished in the time frame between regular Council
meetings. However, a Council Member may request that an item be placed on the next regularly scheduled
meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must
comply with Charter requirements.
A) Discuss authorizing the Mayor to issue a proclamation to lower flags to half staff at times of National
tragedy when there is a delay in doing so. (Parrow 7/28/2015)
Council Member Parrow explained his reasoning for proposing a policy to allow the Town to lower flags to half-
staff at times of National tragedy when there is a delay in doing so, which included the following: 1) National
concern because of the time that passed before the flags were lowered to half-staff to honor the five servicemen
that were killed by terrorist in Chattanooga; 2) Inconsistency over the last four years of when the flag was lowered
or not lowered; and 3) As a veteran, he would like to be able to ensure that this kind of oversight does not occur
again. He briefly went over the Flag Code guidelines and accepted uses of the flag even though they are
technically in violation. Additionally, he highlighted a suggested policy which provided a rationale section.
Council Member Shaffner commented that he would be reluctant to have the policy open-ended to have the Town
Manager have to make those decisions without going before Council.
Council Member Rowe stated that for purposes of discussion, to draft the policy giving the authority to the Mayor.
He commented that he would like each state flag code that was mentioned, to be crossed reference to ensure that
there are no conflicts. Additionally, he asked that the Town Charter be reviewed to ensure that assigning this duty
to the Mayor would not be prohibited.
Council Member Shoffner stated that he would like the policy to mention who is responsible for lowering the flags,
as well as which flags would be lowered.
Mayor Sanders requested Town Staff to proceed with preparing the draft policy to be presented at the next
Council meeting.
Mayor Sanders requested to add a column to the upcoming agendas to allow for numbering of the agenda items.
Mayor Pro Tem Lamont commented to add a row that titles the Town Council Future Agenda Items List and to add
the 90 day trigger date for those items when they are on the agenda for discussion.
Mayor Sanders requested to remove the following items from the Town Council Future Agenda Items list:
• Consider and take appropriate action regarding reviewing schedules of fees for outside baseball
tournaments and capacity. (Lamont 12/9/2014)
• Review of ordinance to allow golf carts but not including special vehicles. (Sanders 4/28/2015)
• Review the overnight parking permit and review allowing an extended temporary permit. (Sanders
5/26/2015)
• Discuss authorizing the Mayor to issue a proclamation to lower flags to half-staff at times of National
tragedy when there is a delay in doing so. (Parrow 7/28/2015)
Town Council Minutes October 27, 2015 Page 6 of 37
EXECUTIVE SESSION
16. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551
(Texas Open Meetings Act), the Council will convene into closed executive session to discuss the following:
Texas Government Code Section 551.071(2) Consultation with Attorney, in order to consult with its attorney
on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act:
(A) Legal Advice regarding water rate review request, and Public Utility Commission of Texas appeal
process
CONVENED INTO EXECUTIVE SESSION - START TIME — 8:17 P.M.
RECONVENED INTO REGULAR SESSION - START TIME — 8:45 P.M.
RECONVENED INTO REGULAR SESSION
17. Consider and take appropriate action regarding the Executive Session.
Mayor Sanders stated that the Council has been trying to understand the Public Utility Commission appeal process
and that at the previous Council meeting, action was taken to engage the Town Council Finance Subcommittee to
further evaluate the financial matters. He added that Assistant Town Manager/CFO Glickman met with Bill Rose
and that on October 26, 2015, the Subcommittee met with the Town Manager and Assistant Town Manager/CFO
to review the data.
Motion:
Motion made by Mayor Sanders, seconded by Council Member Parrow, to direct the Town Manager to contact the
TCMUD No. 1 General Manager to collect additional information that the Subcommittee felt was missing in order
for the Council to make a fair evaluation of the data, and attempt to receive the data prior to the next Council
meeting.
Motion passed unanimously.
ADJOURN
Motion made by Council Member Parrow,
unanimously. Meeting adjourned at 8:47 p.m,
R C rA
d
14 xry�X)'
Fimbres, own Secretary/RMO
Town of Trophy Club, Texas
seconded by Council Member Rowe, to adjourn. Motion carried
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
Town Council Minutes October 27, 2015 Page 7 of 37
ATTACHMENT A
ERCOT Membership Agreement
Town Council Minutes October 27, 2015 Page 8 of 37
ELECTRIC RELIABILITY COUNCIL OF TEXAS, INC.
MEMBERSHIP APPLICATION AND AGREEMENT FOR MEMBERSHIP YEAR 2016
This Membership Application and Agreement (Agreement) is by and between Electric Reliability Council of
Texas Inc. (ERCOT) and Town of Trophy Club (Applicant). In consideration of the mutual covenants contained
herein, the parties hereby agree that the Applicant shall become an ERCOT Member and receive the ERCOT
Member Services and benefits described herein, subject to the terms and conditions of this Agreement. This
Agreement shall be effective as of the date signed by the Applicant provided that the Applicant meets all of the
qualifications for ERCOT Membership.
Capitalized terms that are not defined in this Agreement shall have the meaning as defined in the ERCOT Bylaws
or the ERCOT Protocols.
A. Membership Application Information
1. Name of Entity applying for Membership: Town of Trophy Club
2. Type of Membership: Check ONE type of Membership. Affiliated Entities as defined in the
ERCOT Bylaws may hold only one Corporate Membership.
Entities applying for additional Memberships, such as an Associate Membership, must use a
separate Agreement for each Membership. The applicable fees are listed below and entitle
Members to services ERCOT provides such as hosting ERCOT meetings, providing Members
with necessary information and such other Member Services as may from time to time be offered.
Please note that any Member may request that the Member's Annual Member Service Fees be
waived for good cause shown.
® Corporate. Voting. $2,000 per Membership Year (except Residential and Commercial
Consumer Members fees are $100 per year). Corporate Membership includes the right to vote on
matters submitted to the general membership such as election of Board Directors, election of
Technical Advisory Committee (TAC) Representatives and TAC subcommittees thereof and
amendments to the Articles of Incorporation and the ERCOT Bylaws. Residential Consumer
Members do not elect a Director to represent the Residential Consumer interests as the Public
Counsel is mandated to represent these interests.
❑ Associate. Non-voting. $500 per Membership Year (except Residential and Commercial
Consumer Members fees are $50 per year). Associate Membership includes no voting rights.
However, an Associate Member may be elected by Corporate Members to serve as a voting
member of the Board, TAC or a TAC subcommittee thereof.
❑ Adjunct. Non-voting. $500 per Membership Year. Entities not meeting the Segment
requirements for Membership may join as Adjunct Members upon Board approval. Adjunct
Membership does not include voting rights or the right to be elected to the Board, TAC or a TAC
subcommittee thereof.
3. The Applicable Annual Member Services Fee must accompany this Agreement and be delivered
to ERCOT by the Record Date in order for the Member to participate in the elections for the
Membership Year. Please make checks payable to ERCOT and mail to ERCOT, Attention:
Treasury Department, 7620 Metro Center Drive, Austin, Texas 78744. Please send an email to
membership@ercot.com for wire instructions.
Town Council Minutes October 27, 2015 Page 9 of 37
4. Segment Participation: (Check ONE Segment designation.)
® Consumer. Any Entity representing the interests of end-users of electricity in the
ERCOT Region.
Check ONE Subsegment designation:
❑ Residential Consumer
® Small Commercial Consumer (Peak demand of 1000 KW or less)
❑ Large Commercial Consumer (Pak demand greater than 1000 KW)
❑ Industrial Consumer (Average monthly demand greater than 1 megawatt and
engaged in an industrial process)
❑ Cooperative. An Entity operating in the ERCOT Region that is: (i) a corporation
organized under Chapter 161 of the Texas Utilities Code or a predecessor statute to Chapter 161
and operating under that chapter; (ii) a corporation organized as an electric cooperative in a state
other than Texas that has obtained a certificate of authority to conduct affairs in the State of
Texas; (iii) a cooperative association organized under Tex.Rev.Civ.Stat. 1396-50.01 or a
predecessor to that statute and operating under that statute; or (iv) a River Authority as defined in
Tex. Water Code §30.003.
❑ Independent Generator. Any Entity that is not a Transmission and Distribution Entity
(T&D Entity) or an Affiliate of a T&D Entity and (i) owns or controls generation of at last 10
MW in the ERCOT Region; or (ii) is preparing to operate and control generation of at least 10
MW in the ERCOT Region, and has approval of the appropriate governmental authority, has any
necessary real property rights, has given the connecting transmission provider written
authorization to proceed with construction and has provided security to the connecting
transmission provider.
❑ Independent Power Marketer. Any Entity that is not a T&D Entity or an Affiliate of a
T&D Entity and is registered at the Public Utility Commission of Texas (PUCT) as a Power
Marketer to serve in the ERCOT Region.
❑ Independent REP. Any Entity that is certified by the PUCT to serve in the ERCOT
Region as a Retail Electric Provider (REP) under PURA §39.352 and that is not an Affiliate of a
T&D Entity operating in the ERCOT Region.
❑ Aggregators may register to participate in this Segment if unable to qualify in
any other Segment.
❑ Investor -Owned Utility. (i) An investor -held, for-profit "electric utility" as defined in
PURA §3 t.002(6) that (a) operates within the ERCOT Region, (b) owns 345 kV interconnected
transmission facilities in the ERCOT Region, (c) owns more than 500 pole miles of transmission
facilities in the ERCOT Region, or (d) is an Affiliate of an Entity described in (a), (b) or (c); or
(ii) a public utility holding company of any such electric utility.
❑ Municipal. An Entity operating in the ERCOT Region that owns or controls transmission
or distribution facilities, owns or controls dispatchable generating facilities, or provides retail
electric service and is either: (i) a municipally owned utility as defined in PURA § 11.003 or (ii) a
River Authority as defined in Tex. Water Code §30.003.
Town Council Minutes October 27, 2015 Page 10 of 37
5. Identify your designated representative for required notices to ERCOT Members, participation in
meetings of the Corporate Members and voting issues:
Name:
Stephen Seidel
Title:
Town Manager
Address:
100 Municipal Drive
City, State, Zip:
Trophy Club, TX 76262
Phone:
682-831-4600
Fax:
817-491-9312
Email:
sseidel a trophvclub.org
6. List any other ERCOT Memberships held by the Applicant or any Affiliates (attach extra pages if
necessary):
(a) Entity name:
Segment:
(b) Entity name:
Segment:
(c) Entity name:
Segment:
B. Membership Agreement
1. Membership. Membership in ERCOT is open to any Entity that meets any of the Segment
definitions set forth in the Bylaws. Members must be an organization that either operates in the ERCOT
Region or represents consumers within the ERGOT Region. Members may join as a Corporate. Associate
or Adjunct Member subject to the criteria set forth in the ERCOT Bylaws. Members must apply for
Membership through an authorized officer or agent.
2. Fees. Annual Member Services Fees are described in the ERCOT Bylaws and may be changed
through the procedure set forth therein. Any change in fees shall automatically become effective as to all
ERGOT Members without the necessity of amending this Agreement. All Memberships are year to year
and must be renewed annually. Annual Member Services Fee renewals shall be due by the record date for
the annual membership meeting. Membership fees may not be prorated. This Agreement shall renew in
yearly increments upon ERCOT's receipt of the following (1) Member's Renewal Application and (2)
Member's applicable Annual Member Services Fee. Any Member may request that the Member's
Annual Member Service Fees be waived for good cause shown.
3. Application for Membership. Members will submit the following items in order to apply for
Membership: (i) payment of the Annual Member Services Fee and (ii) a signed copy of this Agreement.
Upon approval, ERCOT will promptly notify Member Applicant of the same.
4. Change of Designated Representative. An ERCOT Member may change its representative at
any time by written request (signed by a duly authorized representative of the ERCOT Member)
submitted to the ERGOT Legal Department at membership(&ercot.com.
5. Suspension and Expulsion. All ERCOT Members shall abide by the ERCOT Bylaws, as they
may be amended from time to time, and any other rule or regulation duly adopted by the Board of
Town Council Minutes October 27, 2015 Page 11 of 37
Directors. Any ERCOT Member, who willfully violates any provision of this Agreement, the ERCOT
Bylaws, or any other rule or regulation duly adopted by the Board of Directors, may be reprimanded,
suspended, and/or expelled in accordance with procedures adopted by the Board of Directors or set forth
in the ERCOT Bylaws. Such action will affect all persons deriving Membership privileges through such
ERCOT Member.
6. Amendment. This Agreement may be amended, modified, superseded, canceled, renewed, or
extended and the terms and conditions hereof may be waived only by a written instrument executed by
both parties hereto or, in the case of a waiver, by the party waiving compliance.
7. Governing Law, This Agreement shall be governed by and construed and interpreted in
accordance with the laws of the State of Texas that apply to contracts executed in and performed entirely
within the State of Texas, without reference to any rules of conflict of laws. Parties consent to the
exclusive jurisdiction of Texas.
IN WITNESS WHEREOF, the Member certifies that (i) the Member meets the requirements for ERCOT
Membership in the Segment designated herein; (ii) all information provided herein is true and correct to the best
of the Member's knowledge; and (iii) through its authorized representative the Member agrees to be bound by the
terms of this Agreement, the ERGOT Bylaws and any other requirements duly adopted by the Board of Directors.
By:
Y
Printed Name: C. Nick Sanders
Title: Mayor
Date: October 27'", 2015
a
Town Council Minutes October 27, 2015 Page 12 of 37
ATTACHMENT B
Partially Executed — Right -of -Way Encroachment and Joint Use Agreement
Town Council Minutes October 27, 2015 Page 13 of 37
Right -of -Way Encroachment and Joint Use Agreement
Between the Town of Trophy Club, Texas and
Trophy Club Municipal Utility District No. 1
This Right -of -Way Encroachment and Joint Use Agreement (hereinafter "Agreement"),
is made by and between the Town of Trophy Club, Texas, a Home Rule Municipal
Corporation (hereinafter "TOWN") and the Trophy Club Municipal Utility District No. 1, a
Special District created and operating under the Texas Constitution and other state law,
(hereinafter "DISTRICT").
WHEREAS, TOWN is the regulatory authority governing development of land within the
territorial limits of the Town of Trophy Club; and
WHEREAS, DISTRICT is a governmental entity owning and developing property
(described below) within the Town of Trophy Club; and
WHEREAS, Town and District have determined that entering into this Agreement is
necessary in order for the orderly development of both DISTRICT's property and
TOWN's right-of-way; and
NOW THEREFORE, the parties hereto, for and in consideration of the mutual
covenants and agreements contained herein, agree as follows:
I.
Encroachment and Right -of -Way Use
TOWN does hereby consent and agree to permit and allow DISTRICT to maintain
existing, and as specified herein, authorize future, encroachments of buildings,
structures, equipment, fences, paving and driveways intended for vehicular access
within the public right-of-way (ROW), as designated on the approved Final Plat on
property owned by DISTRICT, such land being situated on Lot 1, Block A, of Trophy
Club Municipal Utility District No. 1 Wastewater Treatment Facility Addition in the Town
of Trophy Club, Denton County, Texas, (hereinafter the "Property"). DISTRICT does
hereby agree to the conditions of use of the ROW in accordance with the terms of this
Agreement. TOWN shall have continuous use of the ROW, and no consent or
agreement contained herein shall cause or serve as an impediment to TOWN use of the
ROW provided that such use is in accordance with the terms of this Agreement.
Further, TOWN acknowledges that the ROW lies behind the secure area at the
DISTRICT'S wastewater treatment plant which is protected by a security fence. TOWN
agrees that it will not enter the secure area without first obtaining permission of the
DISTRICT, such permission shall not be unreasonably or unduly withheld.
Town Council Minutes October 27, 2015 Page 14 of 37
II.
Maintenance of Structures in ROW
The DISTRICT shall maintain all existing and future facilities, improvements, equipment,
structures and related appurtenances situated thereon in the ROW; and, the TOWN
shall not become responsible for such maintenance at any time in the future.
III.
Indemnification
To the extent allowed by law, the DISTRICT does hereby agree to indemnify and
hold harmless the TOWN from any and all damages, loss or liability of any kind
whatsoever by reason of injury to property or third person occasioned by its use
of the ROW or act of omission, neglect or wrong doing of DISTRICT, his/her
officers, agents, employees, invitees or other persons, with regard to the
improvements and maintenance of such improvements; and the DISTRICT shall
to the extent allowed by law, at its own cost and expense, defend and protect the
TOWN against any and all such claims and demands. At such time as the TOWN
occupies the ROW, the indemnification provided by DISTRICT in this paragraph
shall cease.
IV.
Discontinuation or Removal of Improvements in ROW
The DISTRICT shall arrange for all activities and improvements in the ROW to be
discontinued and/or removed within One Hundred Eighty (180) days of written
notification, at the discretion of the TOWN, for construction of any public roadway,
emergency access roadway, sidewalk or trail within, or adjacent to, the subject ROW.
This provision does not apply to underground piping as allowed for use by the District
pursuant to state law which shall not be subject to discontinuation or removal.
V.
Compliance with Applicable Laws
No term or provision of this Agreement shall absolve DISTRICT or DISTRICT'S
Property, as defined herein, from compliance with all Ordinance, Code, permit or
development requirements of the TOWN except as has been expressly waived or varied
by TOWN and/or TOWN agencies.
VI.
Improvements within the ROW
The TOWN shall not consider any improvement or facility existing or constructed within
the subject ROW by the DISTRICT as a public improvement or community facility for
enforcing the provisions of the TOWN subdivision regulations.
Right -of -Way Encroachment and Joint Use Agreement Page 2 of 5
Town Council Minutes October 27, 2015 Page 15 of 37
VII.
No Compensation
Neither the DISTRICT, nor its successors or assigns, shall seek compensation from
TOWN for loss of the value of any improvements made in the ROW pursuant to this
Agreement at such future date when TOWN requires DISTRICT removal of DISTRICT
improvements in the ROW.
VIII.
Perimeter Street Fee
The requirement of payment of a perimeter street fee, as described in TOWN
subdivision regulations, in the amount of EIGHTY SIX THOUSAND AND NO/100
DOLLARS ($86,000.00) as determined by the Town Engineer in lieu of required
roadway improvements within the subject ROW, is hereby deferred until such time that
the Town Council requires payment in conjunction with TOWN construction of a
roadway within the ROW. The DISTRICT shall have sixty (60) days upon such action
by the TOWN Council to pay such amount; provided however, that the DISTRICT's
obligation to pay the perimeter street fee will expire if the Town does not construct a
roadway within the subject ROW within twenty (20) years from the date of this
Agreement.
IX.
Term/Binding Covenant
This Agreement shall bind all future owners of the Property and shall for all purposes be
considered a covenant running with the Property.
X.
Additional Improvements by DISTRICT
No additional improvements, private or public, shall be allowed to be constructed within
the ROW unless specifically approved in writing by the TOWN through action of the
Town Council. This paragraph does not apply to the construction of underground piping
as allowed by state law for DISTRICT operations which the DISTRICT shall be allowed
to construct without seeking TOWN approval.
XI.
Termination
This Agreement shall terminate upon the occurrence of one or more of the following
conditions:
a. A majority vote to terminate the agreement by both the governing body of TOWN
and of DISTRICT; or
b. Full abandonment of the ROW by the TOWN; or
Right -of -Way Encroachment and Joint Use Agreement Page 3 of 5
Town Council Minutes October 27, 2015 Page 16 of 37
c. Upon expiration of twenty (20) years from the date of this Agreement.
XII.
Miscellaneous Provisions
12.01 Consideration. The Parties agree that sufficient consideration for this
Agreement exists and is found in the cross promises set forth herein.
12.02 Applicable Law and Venue. This Agreement shall be governed by and
construed in accordance with the laws of the State of Texas, and all obligations
of the parties created hereunder are performable in Denton County, Texas.
Venue for any action arising under this Agreement shall lie in the state district
courts of Denton County, Texas.
12.02 Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original and all of which shall constitute one
and the same document.
12.03 Entire Agreement. This Agreement represents the entire agreement between
TOWN and DISTRICT and supersedes all prior negotiations, representations
and/or agreements, either written or oral. This Agreement may be amended only
by written instrument approved by the governing bodies of both TOWN and
DISTRICT and executed by those authorized to sign on behalf of the respective
governing bodies.
12.04 Immunity and Defenses. It is expressly understood and agreed that, in the
execution of this Agreement, no party waives, nor shall be deemed hereby to
have waived any immunity or defense that would otherwise be available to it
against claims arising in the exercise of governmental powers and functions. By
entering into this Agreement, the parties do not create any obligations, express
or implied, other than those set forth herein, and this Agreement shall not create
any rights in parties not signatories hereto.
12.05 Severability Clause. The provisions of this Agreement are severable. If any
paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is
for any reason held by a court of competent jurisdiction to be contrary to law or
contrary to any rule or regulation have the force and effect of the law, the
remaining portions of the Agreement shall be enforced as if the invalid provision
had never been included.
12.08 No Joint Venture or Agency. The relationship between the parties to this
Agreement shall not be construed or deemed to create a partnership or joint
venture between the parties. This Agreement does not appoint any party as
agent for the other party.
12.09 Default. In the event of a breach of this Agreement by either party, the other
Right -of -Way Encroachment and Joint Use Agreement Page 4 of 5
Town Council Minutes October 27, 2015 Page 17 of 37
party may pursue any remedies available to it at law or in equity.
12.10 Effective Date. The effective date of this Agreement shall be the last day this
Agreement is approved by a party hereto as indicated on the signature blocks
below (the "Effective Date").
EXECUTED in duplicate originals on the dates set forth below.
TOWN OF TROPHY CLUB
100 Municipal Drive
Trophy Club, Texas 76262
GF I R Gp
ATTEST:
R-olly Fres, Town `�gFrOt`ary -A �fo
Town of Trophy Club, Tek q F?y1 q
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
Dated:
PPROVED AS TO FORM:
a1A I'
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
TROPHY CLUB MUNICIPAL DISTRICT NO. 1
100 Municipal Drive
Trophy Club, Texas 76262
[SEAL]
ATTEST:
Kevin R. Carr, Secretary/Treasurer
Trophy Club Municipal District No. 1
Jim Moss, President
Trophy Club Municipal District No. 1
Dated:
APPROVED AS TO FORM:
Pamela Liston, District Attorney
Trophy Club Municipal District No. 1
Right -of -Way Encroachment and Joint Use Agreement
Town Council Minutes October 27, 2015
Page 5 of 5
Page 18 of 37
ATTACHMENT C
Texas Department of Public Safety Handout and Transportation Code
Town Council Minutes October 27, 2015 Page 19 of 37
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TRANSPORTATION CODE CHAPTER 551. OPERATION OF BICYCLES, MOPEDS,... Page 1 of 12
TRANSPORTATION CODE
TITLE 7. VEHICLES AND TRAFFIC
SUBTITLE C. RULES OF THE ROAD
CHAPTER 551. OPERATION OF BICYCLES, MOPEDS, AND PLAY VEHICLES
SUBCHAPTER A. APPLICATION OF CHAPTER
Sec. 551.001. PERSONS AFFECTED. Except as provided by
Subchapter C, this chapter applies only to a person operating a
bicycle on:
(1) a highway; or
(2) a path set aside for the exclusive operation of
bicycles.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended
by Acts 2003, 78th Leg., ch. 1318, Sec. 4, eff. Sept. 1, 2003.
Sec. 551.002. MOPED AND ELECTRIC BICYCLE INCLUDED. A provision
of this subtitle applicable to a bicycle also applies to:
(1) a moped, other than a provision that by its nature
cannot apply to a moped; and
(2) an electric bicycle, other than a provision that by its
nature cannot apply to an electric bicycle.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended
by Acts 2001, 77th Leg., ch. 1085, Sec. 9, eff. Sept. 1, 2001.
SUBCHAPTER B. REGULATION OF OPERATION
Sec. 551.101. RIGHTS AND DUTIES. (a) A person operating a
bicycle has the rights and duties applicable to a driver operating a
vehicle under this subtitle, unless:
(1) a provision of this chapter alters a right or duty; or
(2) a right or duty applicable to a driver operating a
vehicle cannot by its nature apply to a person operating a bicycle.
Town Council Minutes October 27, 2015 Page 21 of 37
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TRANSPORTATION CODE CHAPTER 55 1. OPERATION OF BICYCLES, MOPEDS,— Page 2 of 12
(b) A parent of a child or a guardian of a ward may not
knowingly permit the child or ward to violate this subtitle.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 551.102. GENERAL OPERATION. (a) A person operating a
bicycle shall ride only on or astride a permanent and regular seat
attached to the bicycle.
(b) A person may not use a bicycle to carry more persons than
the bicycle is designed or equipped to carry.
(c) A person operating a bicycle may not use the bicycle to
carry an object that prevents the person from operating the bicycle
with at least one hand on the handlebars of the bicycle.
(d) A person operating a bicycle, coaster, sled, or toy vehicle
or using roller skates may not attach either the person or the
bicycle, coaster, sled, toy vehicle, or roller skates to a streetcar
or vehicle on a roadway.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 551.103. OPERATION ON ROADWAY. (a) Except as provided by
Subsection (b), a person operating a bicycle on a roadway who is
moving slower than the other traffic on the roadway shall ride as
near as practicable to the right curb or edge of the roadway, unless:
(1) the person is passing another vehicle moving in the
same direction;
(2) the person is preparing to turn left at an intersection
or onto a private road or driveway;
(3) a condition on or of the roadway, including a fixed or
moving object, parked or moving vehicle, pedestrian, animal, or
surface hazard prevents the person from safely riding next to the
right curb or edge of the roadway; or
(4) the person is operating a bicycle in an outside lane
that is:
(A) less than 14 feet in width and does not have a
designated bicycle lane adjacent to that lane; or
(B) too narrow for a bicycle and a motor vehicle to
safely travel side by side.
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TRANSPORTATION CODE CHAPTER 551. OPERATION OF BICYCLES, MOPEDS,... Page 3 of 12
(b) A person operating a bicycle on a one-way roadway with two
or more marked traffic lanes may ride as near as practicable to the
left curb or edge of the roadway.
(c) Persons operating bicycles on a roadway may ride two
abreast. Persons riding two abreast on a laned roadway shall ride in
a single lane. Persons riding two abreast may not impede the normal
and reasonable flow of traffic on the roadway. Persons may not ride
more than two abreast unless they are riding on a part of a roadway
set aside for the exclusive operation of bicycles.
(d) Repealed by Acts 2001, 77th Leg., ch. 1085, Sec. 13, eff.
Sept. 1, 2001.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended
by Acts 2001, 77th Leg., ch. 1085, Sec. 10, 13, eff. Sept. 1, 2001.
Sec. 551.104. SAFETY EQUIPMENT. (a) A person may not operate
a bicycle unless the bicycle is equipped with a brake capable of
making a braked wheel skid on dry, level, clean pavement.
(b) A person may not operate a bicycle at nighttime unless the
bicycle is equipped with:
(1) a lamp on the front of the bicycle that emits a white
light visible from a distance of at least 500 feet in front of the
bicycle; and
(2) on the rear of the bicycle:
(A) a red reflector that is:
(i) of a type approved by the department; and
(ii) visible when directly in front of lawful upper
beams of motor vehicle headlamps from all distances from 50 to 300
feet to the rear of the bicycle; or
(B) a lamp that emits a red light visible from a
distance of 500 feet to the rear of the bicycle.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended
by Acts 2001, 77th Leg., ch. 1085, Sec. 11, eff. Sept. 1, 2001.
Sec. 551.105. COMPETITIVE RACING. (a) In this section,
"bicycle" means a nonmotorized vehicle propelled by human power.
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TRANSPORTATION CODE CHAPTER 55 1. OPERATION OF BICYCLES, MOPEDS,... Page 4 of 12
(b) A sponsoring organization may hold a competitive bicycle
race on a public road only with the approval of the appropriate local
law enforcement agencies.
(c) The local law enforcement agencies and the sponsoring
organization may agree on safety regulations governing the movement
of bicycles during a competitive race or during training for a
competitive race, including the permission for bicycle operators to
ride abreast.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 551.106. REGULATION OF ELECTRIC BICYCLES. (a) The
department or a local authority may not prohibit the use of an
electric bicycle on a highway that is used primarily by motor
vehicles. The department or a local authority may prohibit the use
of an electric bicycle on a highway used primarily by pedestrians.
(b) The department shall establish rules for the administration
of this section.
Added by Acts 2001, 77th Leg., ch. 1085, Sec. 12, eff. Sept. 1, 2001.
SUBCHAPTER C. ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES
Sec. 551.201. DEFINITION. In this subchapter, "electric
personal assistive mobility device" means a two non -tandem wheeled
device designed for transporting one person that is:
(1) self -balancing; and
(2) propelled by an electric propulsion system with an
average power of 750 watts or one horsepower.
Added by Acts 2003, 78th Leg., ch. 1318, Sec. 5, eff. Sept. 1, 2003.
Sec. 551.202. OPERATION ON ROADWAY. (a) A person may operate
an electric personal assistive mobility device on a residential
street, roadway, or public highway with a speed limit of 30 miles per
hour or less only:
(1) while making a direct crossing of a highway in a marked
or unmarked crosswalk;
(2) where no sidewalk is available; or
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TRANSPORTATION CODE CHAPTER 55 1. OPERATION OF BICYCLES, MOPEDS,... Page 5 of 12
(3) when so directed by a traffic control device or by a
law enforcement officer.
(b) A person may operate an electric personal assistive
mobility device on a path set aside for the exclusive operation of
bicycles.
(c) Any person operating an electric personal assistive
mobility device on a residential street, roadway, or public highway
shall ride as close as practicable to the right-hand edge.
(d) Except as otherwise provided by this section, provisions of
this title applicable to the operation of bicycles apply to the
operation of electric personal assistive mobility devices.
Added by Acts 2003, 78th Leg., ch. 1318, Sec. 5, eff. Sept. 1, 2003.
Sec. 551.203. SIDEWALKS. A person may operate an electric
personal assistive mobility device on a sidewalk.
Added by Acts 2003, 78th Leg., ch. 1318, Sec. 5, eff. Sept. 1, 2003.
SUBCHAPTER D. NEIGHBORHOOD ELECTRIC VEHICLES
Sec. 551.301. DEFINITION. In this subchapter, "neighborhood
electric vehicle" means a vehicle that can attain a maximum speed of
35 miles per hour on a paved level surface and otherwise complies
with Federal Motor Vehicle Safety Standard 500 (49 C.F.R. Section
571.500).
Added by Acts 2003, 78th Leg., ch. 1320, Sec. 7, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 1325, Sec. 19.07, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.86, eff. June
14, 2005.
Acts 2005, 79th Leg., Ch. 1242 (H.B. 1596), Sec. 2, eff. June
18, 2005.
Acts 2009, 81st Leg., R.S., Ch. 722 (S.B. 129), Sec. 1, eff.
September 1, 2009.
Reenacted by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec.
24.014, eff. September 1, 2011.
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TRANSPORTATION CODE CHAPTER 5 5 1. OPERATION OF BICYCLES, MOPEDS,... Page 6 of 12
Sec. 551.302. REGISTRATION. The Texas Department of Motor
Vehicles may adopt rules relating to the registration and issuance of
license plates to neighborhood electric vehicles.
Added by Acts 2003, 78th Leg., ch. 1320, Sec. 7, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 2I.01,
eff. September 1, 2009.
Sec. 551.303. OPERATION ON ROADWAYS. (a) A neighborhood
electric vehicle may be operated only on a street or highway for
which the posted speed limit is 45 miles per hour or less. A
neighborhood electric vehicle may cross a road or street at an
intersection where the road or street has a posted speed limit of
more than 45 miles per hour. A neighborhood electric vehicle may not
be operated on a street or highway at a speed that exceeds the lesser
of:
(1) the posted speed limit; or
(2) 35 miles per hour.
(b) A county or municipality may prohibit the operation of a
neighborhood electric vehicle on a street or highway if the governing
body of the county or municipality determines that the prohibition is
necessary in the interest of safety.
(c) The Texas Department of Transportation may prohibit the
operation of a neighborhood electric vehicle on a highway if that
department determines that the prohibition is necessary in the
interest of safety.
Added by Acts 2003, 78th Leg., ch. 1320, Sec. 7, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 722 (S.B. 129), Sec. 2, eff.
September 1, 2009.
Sec. 551.304. LIMITED OPERATION. (a) An operator may operate
a neighborhood electric vehicle:
(1) in a master planned community:
(A) that has in place a uniform set of restrictive
covenants; and
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TRANSPORTATION CODE CHAPTER 55 1. OPERATION OF BICYCLES, MOPEDS,... Page 7 of 12
(B) for which a county or municipality has approved a
plat;
(2) on a public or private beach; or
(3) on a public highway for which the posted speed limit is
not more than 35 miles per hour, if the neighborhood electric vehicle
is operated:
(A) during the daytime; and
(B) not more than two miles from the location where the
neighborhood electric vehicle is usually parked and for
transportation to or from a golf course.
(b) A person is not required to register a neighborhood
electric vehicle operated in compliance with this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 94,
eff. September 1, 2013.
SUBCHAPTER E. MOTOR -ASSISTED SCOOTERS
Sec. 551.351. DEFINITIONS. In this subchapter:
(1) "Motor -assisted scooter":
(A) means a self-propelled device with:
(i) at least two wheels in contact with the ground
during operation;
(ii) a braking system capable of stopping the
device under typical operating conditions;
(iii) a gas or electric motor not exceeding 40
cubic centimeters;
(iv) a deck designed to allow a person to stand or
sit while operating the device; and
(v) the ability to be propelled by human power
alone; and
(B) does not include a pocket bike or a minimotorbike.
(2) "Pocket bike or minimotorbike" means a self-propelled
vehicle that is equipped with an electric motor or internal
combustion engine having a piston displacement of less than 50 cubic
centimeters, is designed to propel itself with not more than two
wheels in contact with the ground, has a seat or saddle for the use
of the operator, is not designed for use on a highway, and is
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TRANSPORTATION CODE CHAPTER 551. OPERATION OF BICYCLES, MOPEDS,... Page 8 of 12
ineligible for a certificate of title under Chapter 501. The term
does not include:
(A) a moped or motorcycle;
(B) an electric bicycle or motor -driven cycle, as
defined by Section 541.201;
(C) a motorized mobility device, as defined by Section
542.009;
(D) an electric personal assistive mobility device, as
defined by Section 551.201; or
(E) a neighborhood electric vehicle, as defined by
Section 551.301.
Added by Acts 2005, 79th Leg., Ch. 1242 (H.B. 1596), Sec. 3, eff.
June 18, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.015,
eff. September 1, 2011.
Sec. 551.352. OPERATION ON ROADWAYS OR SIDEWALKS. (a) A
motor -assisted scooter may be operated only on a street or highway
for which the posted speed limit is 35 miles per hour or less. The
motor -assisted scooter may cross a road or street at an intersection
where the road or street has a posted speed limit of more than 35
miles per hour.
(b) A county or municipality may prohibit the operation of a
motor -assisted scooter on a street, highway, or sidewalk if the
governing body of the county or municipality determines that the
prohibition is necessary in the interest of safety.
(c) The department may prohibit the operation of a motor -
assisted scooter on a highway if it determines that the prohibition
is necessary in the interest of safety.
(d) A person may operate a motor -assisted scooter on a path set
aside for the exclusive operation of bicycles or on a sidewalk.
Except as otherwise provided by this section, a provision of this
title applicable to the operation of a bicycle applies to the
operation of a motor -assisted scooter.
(e) A provision of this title applicable to a motor vehicle
does not apply to a motor -assisted scooter.
Town Council Minutes October 27, 2015 Page 28 of 37
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TRANSPORTATION CODE CHAPTER 551. OPERATION OF BICYCLES, MOPEDS,... Page 9 of 12
Added by Acts 2005, 79th Leg., Ch. 1242 (H.B. 1596), Sec. 3, eff.
June 18, 2005.
Sec. 551.353. APPLICATION OF SUBCHAPTER TO POCKET BIKE OR
MINIMOTORBIKE. This subchapter may not be construed to authorize the
operation of a pocket bike or minimotorbike on any:
(1) highway, road, or street;
(2) path set aside for the exclusive operation of bicycles;
or
(3) sidewalk.
Transferred and redesignated from Transportation Code, Section
551.304 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec.
27.001(64), eff. September 1, 2011.
SUBCHAPTER F. GOLF CARTS AND UTILITY VEHICLES
Sec. 551.401. DEFINITIONS. In this subchapter:
(1) "Golf cart" and "public highway" have the meanings
assigned by Section 502.001.
(2) "Utility vehicle" means a motor vehicle that is not a
golf cart or lawn mower and is:
(A) equipped with side-by-side seating for the use of
the operator and a passenger;
(B) designed to propel itself with at least four tires
in contact with the ground;
(C) designed by the manufacturer for off-highway use
only; and
(D) designed by the manufacturer primarily for utility
work and not for recreational purposes.
Added by Acts 2009, 81st Leg., R.S., Ch. 1136 (H.B. 2553), Sec. 10,
eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1296 (H.B. 2357), Sec. 239, eff.
January 1, 2012.
Sec. 551.402. REGISTRATION NOT AUTHORIZED. (a) The Texas
Department of Motor Vehicles may not register a golf cart for
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TRANSPORTATION CODE CHAPTER 551. OPERATION OF BICYCLES, MOPE... Page 10 d 12
operation on a public highway regardless of whether any alteration
has been made to the golf cart.
(b) The Texas Department of Motor Vehicles may issue license
plates for a golf cart as authorized by Subsection (c).
(c) The Texas Department of Motor Vehicles shall by rule
establish a procedure to issue the license plates to be used for
operation in accordance with Sections 551.403 and 551.404.
(d) The Texas Department of Motor Vehicles may charge a fee not
to exceed $10 for the cost of the license plate.
Added by Acts 2009, 81st Leg., R.S., Ch. 1136 (H.B. 2553), Sec. 10,
eff. September 1, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 877 (H.B. 719), Sec. 1, eff.
June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 95, eff.
September 1, 2013.
Sec. 551.403. LIMITED OPERATION. (a) An operator may operate
a golf cart:
(1) in a master planned community:
(A) that has in place a uniform set of restrictive
covenants; and
(B) for which a county or municipality has approved a
plat;
(2) on a public or private beach; or
(3) on a public highway for which the posted speed limit is
not more than 35 miles per hour, if the golf cart is operated:
(A) during the daytime; and
(B) not more than two miles from the location where the
golf cart is usually parked and for transportation to or from a golf
course.
(b) The Texas Department of Transportation or a county or
municipality may prohibit the operation of a golf cart on a public
highway if the department or the governing body of the county or
municipality determines that the prohibition is necessary in the
interest of safety.
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TRANSPORTATION CODE CHAPTER 551. OPERATION OF BICYCLES, MOPE... Page l l of 12
Added by Acts 2009, 81st Leg., R.S., Ch. 1136 (H.B. 2553), Sec. 10,
eff. September 1, 2009.
Sec. 551.404. OPERATION IN MUNICIPALITIES AND CERTAIN COUNTIES.
(a) In addition to the operation authorized by Section 551.403, the
governing body of a municipality may allow an operator to operate a
golf cart on all or part of a public highway that:
(1) is in the corporate boundaries of the municipality; and
(2) has a posted speed limit of not more than 35 miles per
hour.
(a-1) In addition to the operation authorized by Section
551.403, the commissioners court of a county described by Subsection
(a-2) may allow an operator to operate a golf cart or utility vehicle
on all or part of a public highway that:
(1) is located in the unincorporated area of the county;
and
(2) has a speed limit of not more than 35 miles per hour.
(a-2) Subsection (a-1) applies only to a county that:
(1) borders or contains a portion of the Red River;
(2) borders or contains a portion of the Guadalupe River
and contains a part of a barrier island that borders the Gulf of
Mexico; or
(3) is adjacent to a county described by Subdivision (2)
and:
(A) has a population of less than 30,000; and
(B) contains a part of a barrier island that borders
the Gulf of Mexico.
(b) A golf cart or utility vehicle operated under this section
must have the following equipment:
(1) headlamps;
(2) taillamps;
(3) reflectors;
(4) parking brake; and
(5) mirrors.
Added by Acts 2009, 81st Leg., R.S., Ch. 1136 (H.B. 2553), Sec. 10,
eff. September 1, 2009.
Amended by:
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TRANSPORTATION CODE CHAPTER 551. OPERATION OF BICYCLES, MOPE... Page 12 of 12
Acts 2011, 82nd Leg., R.S., Ch. 1296 (H.B. 2357), Sec. 240, eff.
January 1, 2012.
Acts 2011, 82nd Leg., R.S., Ch. 1296 (H.B. 2357), Sec. 241, eff.
January 1, 2012.
Acts 2013, 83rd Leg., R.S., Ch. 877 (H.B. 719), Sec. 2, eff.
June 14, 2013.
Sec. 551.405. CROSSING CERTAIN ROADWAYS. A golf cart may cross
intersections, including a road or street that has a posted speed
limit of more than 35 miles per hour.
Added by Acts 2009, 81st Leg., R.S., Ch. 1136 (H.B. 2553), Sec. 10,
eff. September 1, 2009.
Town Council Minutes October 27, 2015 Page 32 of 37
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,TxDMV.GOV - Off -Highway Vehicles
MotoristsDealers Motor Carriers
T)OMV s Molortsts a Buying or Selling a Vehlde a 00 -Highway Vehides
Contact Us search boa
Page 1 of 2
I
Off -Highway Vehicles
12,15 IN
01.3�
BB01
Low -Speed Vehicles (LSVs), also known as Neighborhood Electric Vehicles (NEVs), and golf carts r
are regulated by state and federal laws. Registered, titled and insured NEVs may be legally driven at TRANSIT ,SO 1s
a maximum speed of 35 mph on public roads with a posted speed limit of 45 mph or less, unless a PERMIT
city or county ordinance prohibits their operation. The TxDMV does not title or register golf carts.
Golf cart owners who received a title before the law changed on September 1, 2009, are not
required to return their titles to the TxDMV. For Driver License requirements to operate any of these
vehicles, contact your local law enforcement agency. Find Your Local Office
Low -Speed and Golf Carts
Neighborhood Electric Vehicles
A vehicle is classified as an LSV or NEV if it has:
( All -Terrain Utility-Tyype & Recreational
- Vehicles Off-Nighway Vehicles
• a normal maximum speed of 20-25 mph (LSV) or 20-35 mph
(NEV),
• seat bells,
• head and tail lights,
• a windshield,
• a parking brake,
• tum signals,
■ rear-view mirrors,
■ brake lights,
• reflectors, and
• a valid 17 -digit Vehicle Identification Number (VIN).
To title and register your LSV or NEV, take the following to your county tax assessor-colleclor office:
• evidence of ownership, such as a Manufacturer Certificate of Origin or title,
• a completed Form 130-U, and
L_ 13011 Application for Texas Title
■ proof of insurance.
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TXDMV.GOV - 001-09 New Rules Approved for Neighborhood Electric Vehicles (NEV) Page 1 of 3
Motorists I Dealers ( Motor Carriers I , Contact us go"bw
Tax (assessor -Collectors
TxDMV a Registration and Title aulieuns • 2006 a 001.08
Registration and Title Bulletin - #001-09
Date: January 12, 2009
To: All County Tax Assessor -Collectors
Subject: New Rules Approved for Neighborhood Electric Vehicles (NEV)
Search Ms
Galers Liett
These documents contain text of correspondence sent by TxDMV to the county tax assessor -collectors, 5. trcm sat Ll
statutory agents who provide vehicle registration and titling services for citizens in Texas. This information -
is provided to apprise the general public of issues affecting the state's vehicle titling and registration
process.
PURPOSE
in December 2008 the Texas Transportation Commission adopted administrative rules to address the
titling, registration, and operating restrictions for neighborhood electric vehicles. The rules became effective
January 7, 2009.
DETAILS
Definition of Neighborhood Electric Vehicles:
A "neighborhood electric vehicle" is a motor vehicle that:
• is originally manufactured to meet, and meets, the equipment requirements and safety standards
established for "low speed vehicles" in Federal Motor Vehicle Safety Standard 500 (49 C.F.R.
571.500),
• has four wheels,
■ does not have to be powered by electricity (other power sources, such as gasoline, are acceptable),
• is a slow-moving vehicle, being able to attain a speed of more than 20 miles per hour but not more
than 25 miles per hour, and
• is not a golf cart (designed by the manufacturer primarily for transporting persons on a golf course).
Title Requirements for Neighborhood Electric Vehicles
The title requirements of a neighborhood electric vehicle are the same requirements prescribed for any
motor vehicle.
NEVs are required to be titled.
The manufacturer's certificate of origin (MCO) must contain a statement that the vehicle meets Federal
Motor Vehicle Safety Standard 500 (49 CFR571.500) for low -speed vehicles in addition to the information
required on all MCOs.
The body style for a Neighborhood Electric Vehicle is shown as NV NHOOD ELEC in the drop-down
selection list while processing the title In RTS.
Town Council Minutes October 27, 2015 Page 35 of 37
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TXDMV.GOV - 001-09 New Rules Approved for Neighborhood Electric Vehicles (NEV) Page 2 of 3
Evidence of Ownership of Neighborhood Electric Vehicles:
Acceptable documents for evidence of ownership for neighborhood electric vehicles include Certificates of
Title indicating a body style of neighborhood electric vehicle (NV in Texas) or a manufacturers certificate of
origin with a statement that the vehicle meets Federal Motor Vehicle Safety Standard 500 (49 C.F.R.
571.500).
Some neighborhood electric vehicles in Texas were previously titled with the body style of golf cart (GC)
and out-of-state titles may show other body styles. In order to title and register these vehicles as
neighborhood electric vehicles (NV) you must verify that the vehicle has a conforming 17 digit Vehicle
Identification Number. If a vehicle does not meet this criteria it cannot be titled or registered as a
neighborhood electric vehicle.
Registration of Neighborhood Electric Vehicles:
A neighborhood electric vehicle is required to be titled in order to be registered for operation on public
roads.
The registration classification of a neighborhood electric vehicle will be determined by whether it is
designed as a 4 -wheeled truck (issue truck plate) or a 4 -wheeled passenger vehicle (issue passenger car
plate).
Operation and restrictions on Neighborhood Electric Vehicles:
A neighborhood electric vehicle:
■ may be operated only on a street or highway for which the posted speed limit is 35 miles per hour or
less and is subject to all traffic and other laws applicable to motor vehicles and
■ may cross a road or street at an intersection where the road or street has a posted speed limit of more
than 35 miles per hour.
A neighborhood electric vehicle may not be operated on a street or highway if:
• the governing body of a county or municipality determines that prohibiting such operation is necessary
in the interest of safety or
• TxDOT determines that prohibiting such operation is necessary in the interest of safety.
A neighborhood electric vehicle must property display a slow -moving -vehicle emblem since it is defined as
a slow-moving vehicle.
Financial Responsibility
• A neighborhood electric vehicle requires the same financial responsibility or insurance as a passenger
car.
COUNTY ACTION
Please make sure that a vehicle being titled or registered as a neighborhood electric vehicle meets all of
the requirements stated above, specifically that the MCO includes a statement that the vehicle meets
Federal Motor Vehicle Safety Standard 500 (49 C.F.R. 571.500) for low -speed vehicles. Neighborhood
electric vehicles must be titled with a body style of NV NHOOD ELEC and registered as either a truck or a
passenger car.
Please note that any forms associated with titling and registering neighborhood electric vehicles are being
revised and will be sent out at a later date.
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TXDMV.GOV - 001-09 New Rules Approved for Neighborhood Electric Vehicles (NEV) Page 3 of 3
CopyriW O 4015 Taxan Department of Motor Val. s. AR rights nerved. • 4000 Jaduon Ave, Ausdn, TX 78731
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