Minutes TC 06/23/2015MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Tuesday, June 23, 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, June 23, 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
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
Patrick Arata
Police Chief
Pat Cooke
Development Services Manager
April Reiling
PIO/Marketing Manager
Mayor Sanders announced the date of Tuesday, June 23, 2015, called the Town Council to order and announced a
quorum at 7:00 p.m.
The Invocation was offered by Mayor Sanders.
The Pledges were led by Council Member Shoffner.
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.
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one
motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed
from the consent agenda and will be considered separately.
Town Council Minutes June 23, 2015 Page 1 of 41
1. Consider and take appropriate action regarding the Minutes dated May 26, 2015. (Town Secretary Note:
Approved as presented in the Town Council agenda packet)
2. Consider and take appropriate action regarding the Minutes dated June 1, 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 May 2015.
4. Consider and take appropriate action regarding an Interlocal Agreement between the Town and TCMUD
No.1 to participate in the Town's July 4th community event; and authorizing the Mayor or his designees to
execute all necessary documents.
Mayor Pro Tem Lamont requested to remove Item No. 4 from the Consent Agenda.
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to approve the Consent Agenda
Items 1 through 3.
Motion passed unanimously.
REGULAR SESSION
4. Consider and take appropriate action regarding an Interlocal Agreement between the Town and TCMUD
No.1 to participate in the Town's July 4th community event; and authorizing the Mayor or his designees to
execute all necessary documents.
Attachment A — Partially Executed - Interlocal Cooperation Agreement for July 4`h Community Event
Mayor Pro Tem Lamont stated that he believes that this is a Town event and should be kept within the Town.
Motion:
Motion made by Council Member Shaffner, seconded by Council Member Kurtz, to approve the Interlocal
Agreement with the following change on page 2, under Obligations, after "Fun Run T -Shirts", add "invite all MUD
Directors to participate in the Parade of Patriots".
From the Interlocal Cooperation Agreement for July 4`h Community Event between the Town and TCMUD No. 1
II. OBLIGATIONS
TOWN shall submit to DISTRICT an invoice showing the total cost of the fireworks display for the July 4, 2015
event, and DISTRICT shall pay TOWN the sum of TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) on or before
July 16, 2015 as the DISTRICT's share of the cost of the display. In consideration for DISTRICT's payment, TOWN
shall prominently feature DISTRICT's logo on the Patriot 5K and Fun Run T -Shirts, shall provide and display a 46
banner with DISTRICT's logo carried by volunteers near the beginning of the parade line-up for the Parade of
Patriots, and shall provide and display a 46 banner acknowledging DISTRICT as an event contributor, which
banner shall be displayed from the event stage.
Amendment according to the motion:
II. OBLIGATIONS
TOWN shall submit to DISTRICT an invoice showing the total cost of the fireworks display for the July 4, 2015
event, and DISTRICT shall pay TOWN the sum of TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) on or before
July 16, 2015 as the DISTRICT's share of the cost of the display. In consideration for DISTRICT's payment, TOWN
shall prominently feature DISTRICT's logo on the Patriot 5K and Fun Run T -Shirts, invite all MUD Directors to
Town Council Minutes June 23, 2015 Page 2 of 41
participate in the Parade of Patriots, shall provide and display a 46 banner with DISTRICT's logo carried by
volunteers near the beginning of the parade line-up for the Parade of Patriots, and shall provide and display a 46
banner acknowledging DISTRICT as an event contributor, which banner shall be displayed from the event stage.
Town Attorney Adams advised that it should be District Directors instead of MUD Directors in order to stay
consistent with the terminology within the agreement.
Council Members Shoffner and Kurtz agreed with the modification.
Motion to Amend:
Motion to Amend made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to remove "for all of the
residents of the Town and District" within the third Whereas, so that it reads "Whereas, Town annually hosts an
event to celebrate the 4`h of JUly".
Mayor Pro Tem Lamont commented that the Town has other abilities to provide payment for this event other than
narrowing costs down to the residents based on the sixth Whereas that references that all costs associated will be
paid from current revenues legally available to each party.
Town Attorney Adams commented that it seemed to be significant to the TCMUD No.1 when drafting this
agreement that the community event component be emphasized, and she suggested possibly expanding
community events elsewhere.
Mayor Pro Tem Lamont stated that his intent was not to get into a legal situation where the Town cannot transfer
funds to pay for certain facilities such as tents and portable toilets.
Town Manager Seidel stated that this is for the sponsorship of fireworks and the fireworks are paid through the
general fund.
The vote was taken for the Motion to Amend.
Motion failed for lack of majority 2-5-0 with Mayor Pro Tem Lamont and Council Member Reed voting for, and
Mayor Sanders, and Council Members Parrow, Rowe, Kurtz, and Shoffner voting against.
Council Member Reed commented that he would like to have a discussion on this item next year during the budget
process.
The vote was taken for the Main Motion as Modified.
Motion passed unanimously.
5. Consider and take appropriate action regarding funding options for the Joint Police and Town Hall Facility.
Assistant Town Manager/CFO Glickman provided the Town Hall and Police Station Funding Options and Crime
Control and Prevention District (CCPD) presentation which included: Current Plan; The Goal; Options; Option No. 1;
Option No. 2; Option No. 3; Option No. 4; Notes Regarding CCPD; and Decision Points.
Discussion took place regarding possibilities of using the CCPD budget and implementing an Interlocal Agreement
(ILA).
Council Member Rowe stated that he believes the Council was elected by the voters to make financial decisions,
and that there should be an understanding of common goals between who they appoint to CCPD and the Council.
Mayor Sanders commented that out of Option No. 2 verses Option No. 3, Option No. 3 appears to be the better
option. He added that Option No. 4 would save the most funds and it rolls the street Capital Improvement Projects
(CIP) into the Certificate of Obligation (CO).
Town Council Minutes June 23, 2015 Page 3 of 41
Discussion took place regarding approximate cost per year that would come out of the CCPD budget if Option No.
4 was chosen, and that there would be an ability to pay more on the CO to help with the General Obligation (GO)
Bond with Option 4.
Council Member Reed spoke in favor of Option No. 2, and stated that the most important factor is building a new
facility for the Police Department. He believed that the Council should shift as much as possible to CCPD to help
offset the amount on the November Bond Election.
Town Manager Seidel asked if the CCPD were in favor of the option, would the Council consider, over next few
years, using additional sales tax for additional programs or other items to help offset the CCPD budget.
Council Member Reed stated that if the CCPD satisfies their debt service, they could use the remainder of the
funds for their needs.
Council Member Kurtz commented that the last Bond Election did not pass because of the overall amount of the
Bond. He believed that Council should continue to use every opportunity to get the amount down.
Mayor Pro Tem Lamont commented that the main reason when the citizens voted to move the sales tax from the
Parks to the CCPD was to fund the new facility.
Council Member Parrow stated that he believed Option No. 2 would be great if the Town had an ILA in place prior
to calling the election, but if there is not an agreement then he would concerned. He added that Option No. 4 is
the recommended avenue to take because it has financial savings and increases debt capacity for additional
projects, and continues funding for the CCPD. He stated that he would rather go with Option No. 4 if an ILA is in
place before calling the election.
Police Chief Arata commented that it has been a key component of the CCPD to fund the new facility and Option
No. 4 would allow funding for CCPD equipment.
Council Member Reed stated that he feels Option No. 2 is the cleaner version because CCPD would issue, fund, and
be responsible for the debt.
Council Member Rowe commented that he believes that they can achieve that principle with Option No. 4, and
that he agrees with wrapping in funding needed for street CIP projects.
Council Member Reed stated that he can support Option No. 4 because everyone has the same end goal.
Ted Powell, 12 Reading Court, stated that he was on point with Option No. 2, and educating the citizens and what
it means on the Bond, but now that he was looking at Option No. 4 with ILA, he believes that is a good option. He
believed that the bond should pass if this is presented to the citizens in the right way.
Susan Edstrom, 2690 Oak Hill Drive, stated that she supports Option No. 4, and that there will need to be a strong
Bond Committee formed in order to drive the message to the citizens.
Motion:
Motion made by Council Member Rowe, seconded by Mayor Pro Tem Lamont, to direct Town Staff to pursue
Option No. 4 as presented for the Police Facility funding and CCPD funds.
Discussion took place regarding that the CO would be in the amount of $1.75 to $2 million, which was included in
Option No. 4.
Town Council Minutes June 23, 2015 Page 4 of 41
Assistant Town Manager/CFO Glickman stated that the CCPD has a meeting on July 8, 2015, to consider adoption
of their Fiscal Year 2016 budget and that the Option that the Council approves would be presented to the CCPD
Board.
The vote was taken.
Motion passed unanimously.
6. Receive public input regarding the Police and Town Hall facility; discussion of same.
Susan Edstrom, 2690 Oak Hill Drive, stated that she supports the Town Hall and Police facility, but the Animal
Shelter is one component missing with no clear resolution. She went over future state ideal requirements that she
presented before Council in December 2014, which included: Temperature controlled environment; Three to five
kennels, flooring that would be conducive to easy cleaning and drainage; Small outdoor dog run; Tub to wash
animals; Washer and Dryer; Mechanical hose access; and Access from outside the building. She believed the
Animal Shelter should be in close proximity to the Police Department and asked that the Council consider future
planning of Town facilities over the next 20 to 30 years in order to avoid not having enough space.
Council member Parrow asked how many pets and animals have been brought into the existing facility and held
there in the course of a year.
Mrs. Edstrom stated that she can get updated numbers from her presentation that she provided in December
2014. She advised that she has been trying to track the number of animals that she picks up and that she works
with residents to reunite them with their animal without involving the Animal Control Officer (ACO), which she
reports to the non -emergency line. She stated that she would combine her numbers with the Town's and send
them to the Council.
Mayor Sanders commented that the Council has not decided how some acreage is going to be utilized, but will look
at other aspects for areas of land that was purchased by the Town.
Town Manager Seidel stated that Tom Batenhorst, GSBS Principal, will provide an update at the July 14, 2015,
Council meeting.
No action was taken on this item.
7. Receive an update regarding the July 4th community event; discussion of same.
Parks and Recreation Director Adams provided the July 4 I community event update which included: Activities;
Patriot 5K Route; Parade of Patriots Route; Parking Options; Emergency Command; and an aerial exhibit of the
fireworks launch location, safety perimeter, and audience location.
Council Member Shoffner asked to consider having the music that plays with the fireworks display available
through a simulcast low range broadcast for next year.
Council Member Reed asked that the option be looked at for future 4 I of July events.
Town Manager Seidel acknowledged Northwest Independent School District (NISD) and Byron Nelson High School
for allowing the Town to utilize their campus for the fireworks. He commented that Police Chief Arata and Fire
Chief Thomas have been working diligently to ensure security and emergency medical services are available during
the event.
No action was taken on this item.
Town Council Minutes June 23, 2015 Page 5 of 41
RECESSED AT 8:30 P.M. FOR A BREAK
RECONVENED AT 8:40 P.M. INTO REGULAR SESSION
8. Receive an update from Susan Edstrom with the Animal Shelter Advisory Board regarding the animal
ordinance.
Attachment B — Animal Shelter Board Ordinance Update Presentation
Mrs. Edstrom, with the Animal Shelter Advisory Board, provided the Animal Shelter Advisory Board ordinance
update presentation, which included: Shelter Board Request; Ordinance Review; Discussed Requirements if
Allowed to Move Forward; Plan for Grandfathering if backyard chickens are prohibited; Pending Action Item; Other
items under Consideration; and Next Steps.
Council Member Rowe thanked Mrs. Edstrom for her presentation.
Discussion took place that currently there are approximately 25 to 30 chickens in the Town and regarding the
Health Control requirements for selling of eggs.
Council Member Parrow stated that he viewed a Food and Drug Administration (FDA) report that was published by
Discovery on homegrown chickens and issues with environmental controls.
Mrs. Edstrom asked him to share that publication with her and stated that she would try to incorporate rules to
prevent those concerns.
Council Member Shoff ner commented that a grandfather provision would be difficult to enforce.
Mrs. Edstrom stated that it would require communication with the residents through the Towns social media.
Discussion took place regarding proposed signage for a resident that has a guard dog.
Council Member Shoffner commented that he would like to see a section in the ordinance that residents are
allowed to use their own traps to capture animals because there is a limited amount of traps that the Town has,
which creates a waiting period. He added that there could be a fee involved if the ACO has to remove an animal
from a trap.
Mrs. Edstrom commented that there could be a possibility to provide the specifics for the required type of traps
that can be used. Additionally, she asked for direction from the Council how to proceed with the ordinance.
Council Member Shoff ner stated that he would like them to come back with two or three options with the survey
results, and then the Council could make a decision before sending the ordinance to the Town Attorney.
Council Member Parrow commented that based on the initial survey results, it seemed that there were a large
number of residents who were opposed to chickens and that he would like to see more data.
Council Member Rowe commented that he was in favor of allowing the ordinance with regulations, and that he
would like to simplify the process and be reasonable for enforcement.
Council Member Reed stated that he would like to see a couple of options presented to the Council, and to make it
simple if there are going to be regulations in place.
Council Member Kurtz stated that he would like there to be a large setback requirement in order to be considerate
of adjacent neighbors.
Town Council Minutes June 23, 2015 Page 6 of 41
Council Member Shoffner commented that he believes the chickens should be in coops or possibly chicken runs
Mrs. Edstrom discussed requiring that the wings be clipped, and that the setbacks would be for the chicken coops
and feeding.
Council Member Parrow commented that he sent Mrs. Edstrom and the Council the article that he referred to
earlier. He stated that the ACO would have a difficult time enforcing sanitation standards, and he does not want to
create an environment in the future where people can become ill.
No action was taken on this item.
9. Receive a status update and provide direction to Town Staff regarding the Parks Request for Proposals.
Mayor Sanders stated that the Town went out for an RFP and did not receive adequate response and that the
Council needed to formally decide how to proceed.
Town Manager Seidel stated that the Town did not receive any submissions back for the bid, but had one vendor
inquire about the bid. He added that Town Staff is looking at the Fiscal Year 2015-2016 budget and possibly
outsourcing some of the work to allow Staff to focus on specialized areas.
Mayor Sanders stated that the school district outsources maintenance of their fields, and that he suspects it could
be more economical to outsource all the fields.
Council Member Rowe stated that a reason for his support for this process was that he understands that there are
certain tasks that are skilled and unskilled labor. He added that he would like to see a conscience effort to
consolidate the category of unskilled labor and outsource as much of that as possible so that Staff can focus their
resources more on the skilled labor projects.
Discussion took place regarding possible cost savings and the high demand to maintain the large amount of open
space within the Town.
Council Member Shoffner agreed that the unskilled labor should be outsourced, and that the Town needs to
continue to actively try to eliminate maintaining areas that the Town does not own.
Parks and Recreation Director Adams stated that the information has been maintained for the areas that are not
owed by the Town, and that there are a couple of decisions that will need to come from the Council. He advised
that there is a Parks full-time position that he wanted to make into a part-time position in order to create cost
savings.
Council Member Kurtz commented that a possible way to save funds would be to step back from over maintaining
the ball fields.
Town Manager Seidel stated that Town Staff will keep making those types of adjustments.
No action was taken on this item.
10. Consider and take appropriate action regarding an Ordinance of the Town amending the Code of Ordinances
by repealing Sections 12.02 through 12.05 and Sections 12.07 through 12.09 of Article XII, "Standards for the
Repair, Removal or Demolition of Dangerous or Substandard Buildings", of Chapter 3 "Buildings and
Construction", and renumbering remaining sections, and by adopting Article X entitled "Building Standards
Commission" of Chapter 3 "Buildings and Construction"; providing for amendments, providing civil penalties;
providing a criminal penalty not to exceed the sum of $2000 for each misdemeanor offense; and providing
an effective date.
Town Council Minutes June 23, 2015 Page 7 of 41
Attachment C - Ordinance No. 2015-13
Mayor Pro Tem Lamont commented that this is taking the responsibility away from the Council and transferring it
over to a group of volunteer residents (Building Standards Commission) that may have some expertise in these
areas.
Town Attorney Adams stated that the input that she received was to allow flexibility with who the Council would
appoint, to provide for artisans for this board to have at least one qualified member with specific qualifications,
and that the Council would select the Chair and allow the Commission to appoint a Vice Chairperson. She added
that Council Member Shaffner had inquired about the Zoning Board of Adjustment (ZBA) and the Building
Standards Commission (BSC) members being one and the same, which can be the case, but they need to be two
separate boards.
Council Member Rowe recommended that the Handbook for co -appointment of the ZBA and BSC be brought back
for consideration, along with a minor change that is explicit to the Commission and how they can be removed only
with cause and have an opportunity for a hearing, and to reflect "expect where otherwise provided by State law".
Council Member Reed agreed that the two boards should be co -existing, and inquired if this board has the ability
to enact and enforce these items.
Town Attorney Adams stated that this Commission is independent of the Council and can make decisions regarding
building code issues and sub -standard building issues.
Council Member Rowe commented that the Commission would hear an appeal that comes through Staff and
decide on a structure that is sub -structured or uninhabitable, similar to the ZBA.
Council Member Parrow commented to possibly change "should" to "must" within Section 10.02 (A) regarding
qualifications based on the Commission's authority.
Council Member Shoffner stated that it is the Councils responsibility to have those qualified members on the
Commission and that the Town Council Appointments Committee will do their best to get qualified members on
the Commission, but there needs to be some flexibility because there is a chance that they may not find someone
that meets all the specific fields.
Mayor Sanders stated that the reason the language was vague was because a retired electrician may not have a
license but has the knowledge.
Council Member Rowe spoke in favor of leaving the language as is.
Mayor Sanders asked to have the changes that Council Member Rowe had discussed, regarding the Handbook, be
brought back before the Council for consideration.
Motion:
Motion made by Council Member Rowe, seconded by Mayor Pro Tem Lamont, to approve Ordinance No. 2015-13,
amending the Code of Ordinances by repealing Sections 12.02 through 12.05 and Sections 12.07 through 12.09 of
Article XII, "Standards for the Repair, Removal or Demolition of Dangerous or Substandard Buildings", of Chapter 3
"Buildings and Construction", and renumbering remaining sections, and by adopting Article X entitled "Building
Standards Commission" of Chapter 3 "Buildings and Construction"; providing for amendments, providing civil
penalties; providing a criminal penalty not to exceed the sum of $2000 for each misdemeanor offense; and
providing an effective date, as presented at the dais.
Motion carried 6-1-0 with Mayor Sanders, Mayor Pro Tem Lamont, and Council Members Reed, Rowe, Kurtz and
Shaffner voting for and Council Member Parrow voting against.
Town Council Minutes June 23, 2015 Page 8 of 41
11. Receive update and provide input to Town Staff regarding policy on an Equipment Replacement Program.
Town Manager Seidel stated that this project was taken on by the Citizens Financial Advisory Board (CFAB), with
Staff assistance, and is brought back for any additional Council feedback and action. He emphasized that these
would be the minimum standards for replacement.
Council Member Shoffner inquired if the maintenance is for preventative maintenance or actual maintenance.
Town Manager Seidel stated that it was for actual maintenance, and commented that Staff did an RFP for
preventative maintenance to try to consolidated and save funds.
No action was taken on this item.
12. Discuss and provide direction to Town Staff regarding potential amendments to the Town Charter.
Council Member Rowe had a proposed amendment to the Town Charter to repeal the term limits for Councils
(Amendment No. 1).
Council Member Kurtz commented that he has seen a few people run unopposed over the last couple of years, and
was concerned that if there were term limits, then there is a possibility that there might not be enough candidates
to run for Council.
Council Member Rowe stated that the Town did not have term limits for elected officials from 1985 to 2010, and
that citizens should be able to vote for who they support and have more choices. He added that since the May
2009 amendment to place term limits, the Council has a 70 percent turnover rate on elected officials and that only
25 percent of incumbents with an opponent have succeeded.
Council Member Reed stated that he believed that the voters should have the choice on who they want to
represent and serve them. He added that he would like the amendment to be on the November 2015 ballot.
Town Manager Seidel stated that the proposed amendment to the remove the Budget Submission Date
requirement (Amendment No. 2) from the Charter was because Staff does not receive certified values usually until
the Friday of the last week in July. He is in favor of making the date more flexible because it is difficult to meet the
requirement when Staff is waiting on Denton County, and Staff already has a built in timeline because of the Truth
and Taxation requirements. He would prefer to remove the date all together and that it may be more appropriate
to put the requirement into a policy, as opposed to the Charter.
Council Member Rowe was in favor of supporting the recommendation to remove the date, and stated that the
date the budget is delivered to the Council is an operational topic.
Mayor Sanders supported not having the requirement in the Charter and received consensus to move the item
forward.
Mayor Pro Tem Lamont asked to remove the Resign to Run requirement from the Charter (Amendment No. 3)
because with three year terms, if it exceeds more than one year and 30 days then a Council Member would have to
resign if they would like to run for another office.
Council Member Shoffner spoke against the amendment.
Council Member Reed stated that he could go either way, but he is not opposed to a Council Member wanting to
take on more responsibility and continue serving the citizens.
Town Council Minutes June 23, 2015 Page 9 of 41
Mayor Sanders stated that the State dictates if someone runs for office outside of the jurisdiction they are serving
on and does not allow them to hold two positions.
Mayor Sanders felt that the Charter should not prohibit Council Members serving on Town Boards (Amendment No.
4) based on what other towns allow.
Council Member Rowe agreed that it should not be in the Charter but was not sure he wanted to see this
amendment on the ballot in November 2015, he would like to focus on the new facility and the term limits.
Council Member Parrow stated that if someone is willing to serve, puts in the time, and has the expertise, then they
should be able to.
Council Member Kurtz stated that in other towns, Council sits on other boards, especially EDC and TIRZ, and he feels
that the Town should be operating the same.
Council Members Shoff ner, Rowe and Reed commented that at this time they do not want to put this amendment
as a Charter amendment on the November 2015 ballot.
Mayor Pro Tem Lamont stated that he would like to see what the draft looks like.
Mayor Sanders asked to bring back the amendments for Council to be able to discuss the items further.
No action was taken on this item.
13. Town Council Liaison Updates; discussion of same.
*Parks and Recreation Board, June 15, 2015
Council Liaison - Council Member Philip Shoffner
Provided update, no action taken, just discussion.
14. Town Manager Seidel's update regarding the following; Council discussion and provide input regarding
same.
• Community Garden
• MEAT "U" ANYWHERE
• Mosquito update
• Trophy Club Park
Town Manager Seidel updated the Council and addressed questions; no action taken, update only.
Ted Powell thanked Town Manager Seidel for meeting with him, and stated that it was good meeting but his
opinion is that the garden should be moved. He asked if the agreement gets approved, does that mean the next
day movement will take place at the garden or will there be time to allow for something to be in place for privacy.
He is concerned that the garden will be in place and he would like the privacy issue to be addressed before the
garden moves forward.
Town Manager Seidel stated that he wants to make sure that everyone is on the same page. He believes there are
things that can be done to mitigate Mr. Powell's issues, a way to put those items in place, and structure that into
the recommendations that are presented to Council for consideration.
Mayor Sanders stated that he would like to see the implementation plan when the agreement comes before the
Council.
Town Council Minutes June 23, 2015 Page 10 of 41
Mr. Powell commented that as a citizen and with the size of the Town, if term limits are going to be continued then
it will become tough.
15. Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular
Session Council Agenda for July 14, 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.
Discussion took place that an update from GSBS will be provided at the July 14, 2015, meeting regarding the Police
and Town Hall facility.
Mayor Pro Tem Lamont suggested starting the July 14, 2015, meeting at 6 p.m., due to the amount of proposed
agenda items.
Council Member Shoffner asked to remove Item No. 3 from the Town Council Future Agenda Items list: Consider
and take appropriate action regarding policy on equipment schedule for replacement program.
Mayor Sanders asked to remove Item No. 6 from the Town Council Future Agenda Items List: Discussion of possible
charter amendments. Additionally, he asked to remove Item No. 8 from the list: Receive an update regarding the
Community Garden, located within Harmony Park, and receive an update regarding the use agreement between
Keep Trophy Club Wild (KTCW) and the Town.
Discussion took place regarding Town Staff working with Vantage regarding the standing water issues at the
abandoned well sites.
Mayor Sanders advised that Town Manager Seidel will be working with TCMUD No. 1 General Manager Jennifer
McKnight regarding the Town's involvement with the Fire Department Operational Assessment.
Discussion took place regarding placing the SEMO agreements with the TCMUD No. 1 on the July 14, 2015, Council
agenda to allow for discussion and provide direction to Town Staff.
Mayor Sanders stated that the 2008 Interlocal Cooperation Agreement for Fire Protection Services with the
TCMUD No. 1 had some points to follow-up on and asked for the agreement to be placed on the July 14, 2015,
Council agenda to allow for discussion and provide direction to Town Staff.
EXECUTIVE SESSION
(TOWN SECRETARY NOTE: THE COUNCIL DID NOT ENTER INTO 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 executive session to discuss the following:
A. Section 551.072 Deliberations about Real Property to deliberate the purchase, exchange, lease, or value
of real property if deliberation in an open meeting would have a detrimental effect on the position of
the governmental body in negotiations with a third person:
Potential Purchase of Property
Town Council Minutes June 23, 2015 Page 11 of 41
RECONVENE INTO REGULAR SESSION
17. Consider and take appropriate action regarding the Executive Session.
No action was taken on this item.
ADJOURN
Motion made by Council Member Reed, seconded by Council Member Rowe, to adjourn. Motion carried
unanimously. Meeting adjourned at 10:34 p.m.
Holly Fimbres, own Secretary/RMO C. Nick Sanders, Mayor
Town of Trop y Club, Texas Town of Trophy Club, Texas
Town Council Minutes June 23, 2015 Page 12 of 41
ATTACHMENT A
Partially Executed - Interlocal Cooperation Agreement for July 4th Community Event
Town Council Minutes June 23, 2015 Page 13 of 41
INTERLOCAL COOPERATION AGREEMENT FOR JULY 4TH COMMUNITY EVENT
THIS AGREEMENT is made and entered into by and between the TOWN OF
TROPHY CLUB, TEXAS a home rule municipality located in Denton and Tarrant Counties of
the State of Texas, hereinafter referred to as "TOWN" and TROPHY CLUB MUNICIPAL
UTILITY DISTRICT NO. 1, a conservation and reclamation District of the State of Texas in
Denton and Tarrant Counties created and operating pursuant to Chapters 49 and 54 of the Texas
Water Code, hereinafter referred to as "DISTRICT" with TOWN AND DISTRICT
collectively referred to herein as "Parties."
WHEREAS, TOWN is a duly organized political subdivision of the State of Texas
engaged in the administration of municipal government and related services for the benefit of the
citizens of the Town of Trophy Club; and
WHEREAS, DISTRICT is a conservation and reclamation District of the State of Texas
in Denton and Tarrant Counties created and operating pursuant to Chapters 49 and 54 of the
Texas Water Code, organized and operating under the laws of the State of Texas and is engaged
in the provision of water and sewer services and fire protection services for the benefit of the
citizens of DISTRICT; and
WHEREAS, TOWN annually hosts an event for all of the residents of the TOWN and
DISTRICT to celebrate the 4th of July; and
WHEREAS, DISTRICT also hosts community events for the benefit of its residents and
the residents of TOWN; and
WHEREAS, it is agreed by TOWN and DISTRICT to be of mutual interest and
advantage to the residents of both DISTRICT and TOWN for the Parties to host a fireworks
display for the 4th of July event; and
WHEREAS, the Parties agree that as governmental entities each has the authority to host
community events for the benefit of DISTRICT and TOWN residents and that during the
performance of this governmental function all costs associated will be paid from current revenues
legally available to each party; and
WHEREAS, the governing bodies of each of the Parties find that this Agreement serves the
common interest of both parties, will benefit the public and that the division of costs for the
fireworks display at the 4th of July event fairly compensates all parties to this Agreement for the
benefits received; and
Page 1 of 4
Town Council Minutes June 23, 2015 Page 14 of 41
WHEREAS, TOWN and DISTRICT mutually desire to be subject to an agreement
pursuant to the provisions of the Texas Government Code, Chapter 791, the Interlocal
Cooperation Act, and Texas Local Government Code, Chapter 352, and
NOW, THEREFORE, TOWN and DISTRICT, for the mutual promises, covenants,
Agreements and consideration stated herein, agree as follows:
I.
TERM
The payment rendered by DISTRICT to TOWN hereunder as more specifically set forth
in Paragraph II of this Agreement shall be for the July 4, 2015 celebration event, and
DISTRICT's obligations under this Agreement shall cease following payment to TOWN.
TOWN'S obligations to DISTRICT under this Agreement shall be as set forth in Paragraph II of
this Agreement and shall cease on July 5, 2015.
II.
OBLIGATIONS
TOWN shall submit to DISTRICT an invoice showing the total cost of the fireworks
display for the July 4, 2015 event, and DISTRICT shall pay TOWN the sum of TEN
THOUSAND AND NO/100 DOLLARS ($10,000.00) on or before July 16, 2015 as the
DISTRICT's share of the cost of the display. In consideration for DISTRICT's payment,
TOWN shall prominently feature DISTRICT's logo on the Patriot 5K and Fun Run T -Shirts,
invite all DISTRICT Directors to participate in the Parade of Patriots, shall provide and display a
4x6 banner with DISTRICT's logo carried by volunteers near the beginning of the parade line-up
for the Parade of Patriots, and shall provide and display a 4x6 banner acknowledging DISTRICT
as an event contributor, which banner shall be displayed from the event stage.
III.
GO 1 ERl`IMENTAL, 1MivIUNI T Y
The TOWN and DISTRICT agree that the cross -promises hereunder are made for the
furtherance of a governmental function and that the doctrine of governmental immunity shall be
and it is hereby invoked to the extent possible under the law. Neither DISTRICT nor the
TOWN waive nor shall be deemed hereby to waive, any immunity or defense that would
Page 2 of 4
Town Council Minutes June 23, 2015 Page 15 of 41
otherwise be available to it against claims arising from the exercise of government powers and
functions. Furthermore, the parties acknowledge that the TOWN is the organizer and host of the
4th of July event with care and control over the event; therefore, to the extent allowed by law,. the
TOWN agrees to indemnify the DISTRICT for any liability that arises as a result of the
fireworks display or any other part of the 4th of July event.
IV.
ENTIRE AGREEMENT
This Agreement represents the entire and integrated Agreement between DISTRICT and
TOWN and supersedes all prior negotiations, representations and/or Agreements, either written
or oral. This Agreement may be amended only by written instrument signed by both DISTRICT
and the TOWN.
V.
JOINT VENTURE AND AGENCY
The relationship between the parties to this Agreement does not nor shall it be deemed to
create a partnership or joint venture between the parties. This Agreement does not appoint any
party as agent for the other party.
VI.
LAW OF CONTRACT
This Agreement and any of its terms or provisions, as well as the rights and duties of the
parties hereto, shall be governed by the laws of the State of Texas. The venue of any dispute or
matter arising under this Agreement shall lie in Denton County.
VII.
SEVERABILITY
In the event that any portion of this Agreement shall be found to be contrary to law, it is
the intent of the parties hereto that the remaining portions shall remain valid and in full force and
effect to the extent possible.
VIII.
AUTHORITY
The undersigned officer and/or agents of the parties hereto are the properly authorized
officials and have the necessary authority to execute this Agreement on behalf of the parties
hereto, and each party hereby certifies to the other that any necessary actions have been taken by
its respective governing body to approve this Agreement prior to its execution.
Page 3 of 4
Town Council Minutes June 23, 2015 Page 16 of 41
hereto.
IX.
EFFECTIVE DATE
This Agreement shall become effective upon approval and execution by each party
EXECUTED in triplicate originals on the dates set forth below.
TOWN OF TROPHY CLUB
Trophy Club, Texas
100 Municipal Drive
Trophy C b, 6262
ell
By
C. Nick Sanders, Mayor
DATED: �D-2'6-zo\5 jlnooF ltiVp,� L;
Holly Fimbres; wn Secretary ,,9�
APPROVED AS TO FORM:
i
BY:
Patricia A. Adams, Town Attorney
Page 4 of 4
DISTRICT
Trophy Club Municipal District No.1
100 Municipal Drive
Trophy Club, Texas 76262
By
Jim Moss, President
DATED:
TTEST:
BY:
Kevin R. Carr, Secretary/Treasurer
APPROVED AS TO FORM:
BY:
Pamela Liston, Attorney for DISTRICT
Town Council Minutes June 23, 2015 Page 17 of 41
ATTACHMENT B
Animal Shelter Board Ordinance Update Presentation
Town Council Minutes June 23, 2015 Page 18 of 41
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ATTACHMENT C
Ordinance No. 2015-13
Town Council Minutes June 23, 2015 Page 27 of 41
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE 2015-13
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE TOWN OF TROPHY
CLUB, TEXAS BY REPEALING SECTIONS 12.02 THROUGH 12.05
AND SECTIONS 12.07 THROUGH 12.09 OF ARTICLE XII ENTITLED
"STANDARDS FOR THE REPAIR, REMOVAL OR DEMOLITION OF
DANGEROUS OR SUBSTANDARD BUILDINGS" OF CHAPTER 3
ENTITLED "BUILDINGS AND CONSTRUCTION" AND RENUMBERING
THE REMAINING SECTIONS AND CORRECTING A TYPOGRAPHICAL
ERROR; ADOPTING ARTICLE X, ENTITLED "BUILDING STANDARDS
COMMISSION", TO CHAPTER 3 ENTITLED "BUILDINGS AND
CONSTRUCTION" OF THE CODE OF ORDINANCES ESTABLISHING
A BUILDING STANDARDS COMMISSION; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS;
PROVIDING FOR CIVIL PENALTIES; PROVIDING A CUMULATIVE
REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING
FOR ENGROSSMENT AND ENROLLMENT; PROVIDING A CRIMINAL
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 of Trophy Club, Texas is a Home Rule Town acting under
its Charter and laws of the State of Texas; and
WHEREAS, the Town Council has determined that the interests of the public are
best served when buildings and structures within the Town are maintained in
accordance with Building and Fire Codes; and
WHEREAS, Chapter 54 of the Texas Local Government Code authorizes a
municipality to adopt ordinances for the preservation of public safety, relating to the
materials or methods used to construct a building or improvements, relating to the fire
safety of a building or improvements, relating to dangerously damaged or deteriorated
buildings or improvements, relating to conditions caused by accumulations of refuse,
vegetation or other matter that create breeding and living places for insects and rodents,
relating to a building code or to the condition, use, or appearance of property in a
municipality; and
WHEREAS, the Town has adopted the 2009 International Property Maintenance
Code as well as other International Fire and Building Codes to ensure that the condition
of property and structures within the Town are maintained in a safe and healthy manner;
and
ORD 2015-13 1
Town Council Minutes June 23, 2015 Page 28 of 41
WHEREAS, Chapter 214 of the Texas Local Government Code authorizes
municipalities to adopt ordinances to establish minimum standards for the continued
use and occupancy of buildings and to require the vacation or relocation of occupants,
as well as the securing, repair, removal or demolition of a building that is dilapidated,
substandard or unfit for human habitation and a hazard to the public health safety and
welfare; and
WHEREAS, the Town has adopted ordinances establishing minimum standards
for use and occupancy of structures within its jurisdiction; and
WHEREAS, the Town Council is authorized by Chapter 54 to provide for the
appointment of a Building Standards Commission to hear and determine cases
concerning alleged violations of Ordinances regulating buildings and structures, to order
appropriate remedial actions, and to impose civil penalties as allowed by law; and
WHEREAS, the Town Council hereby finds that adopting this ordinance
establishing a Building Standards Commission is appropriate and necessary to ensure
that buildings and structures within the Town meet minimum requirements, to allow due
process for review of administrative decisions, to address and abate floodplain
violations, and to perform other functions set forth hereinbelow; and
WHEREAS, the Town Council finds that by adopting this Ordinance repealing
Sections 12.02 through 12.05 and Sections 12.07 through 12.09 of Article XII entitled
"Standards for the Repair, Removal or Demolition of Dangerous or Substandard
Buildings" of Chapter 3 entitled "Buildings and Construction" and renumbering
remaining sections of Article XII and by adopting Article X entitled "Building Standards
Commission" of Chapter 3 entitled "Buildings and Construction" serves the best
interests of the Town and health, safety and welfare of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises having been found by the Town Council to be
true and correct are hereby adopted and incorporated herein and made a part hereof for
all purposes.
SECTION 2.
AMENDMENTS
2.01 Sections 12.02 through 12.05 and Sections 12.07 through 12.09 of Article XII
entitled "Standards for the Repair, Removal or Demolition of Dangerous or Substandard
Buildings" of Chapter 3 entitled "Buildings and Construction" of the Code of Ordinances
ORD 2015-13 2
Town Council Minutes June 23, 2015 Page 29 of 41
of the Town are hereby repealed in their entirety and Section 12.06 entitled "Minimum
Standards; Responsibilities of Owner' is hereby renumbered to be Section 12.02
"Minimum Standards; Responsibilities of Owner" and Subsection 3 of 12.02(A)
"Property Standards" shall be amended to be and read in its entirety as follows with all
other sections and subsections of Section 12.02 to remain the same:
12.02 Minimum Standards; Responsibilities of Owner
A. Property Standards: An owner shall:
3. Provide solid waste receptacles or containers when required by the
Town.
2.02 Article X entitled "Building Standards Commission" of Chapter 3 entitled
"Buildings and Construction" of the Code of Ordinances of the Town of Trophy Club is
hereby adopted and shall read in its entirety as follows:
CHAPTER 3 BUILDINGS AND CONSTRUCTION
"ARTICLE X. Building Standards Commission
Section 10.01 Building Standards Commission (BSC) Created
There is hereby created a Building Standards Commission ("the
Commission") in accordance with the provisions of Subchapter C of
Chapter 54 of the Local Government Code, V.T.C.A., as amended.
Section 10.02 BSC Members
A. Number, Appointment, Qualifications. The Commission shall
consist of five (5) regular members each to be appointed by the Town
Council. The Town Council may also appoint up to eight (8) alternate
members with the same duties and responsibilities as regular
members who shall serve in the absence of one (1) or more regular
members when requested to do so by the Town Manager, or designee.
All cases shall be heard by at least four (4) members. Each member,
whether regular or alternate, shall be appointed by majority vote of the
Town Council. To the extent possible, members of the commission
should be qualified in one (1) or more of the fields of fire prevention,
building construction, sanitation, plumbing, electricity, mechanical
systems, engineering, architecture or public health. Failure of a person
to be qualified in any of such fields shall not prevent or disqualify that
person from sitting on the commission.
B. Terms of Office. Each regular and alternate member of the
Commission shall be appointed by the Town Council for a term of two
ORD 2015-13 3
Town Council Minutes June 23, 2015 Page 30 of 41
(2) years with staggered appointments so that no more than three (3)
members' terms shall expire in any one year. Terms shall expire on
September 30 of each year.
C. Removal, Filling of Vacancies. Any member, whether regular or
alternate, of the Commission may be removed for cause on a written
charge. If requested by the member subject to the removal action, the
Town Council shall hold a public hearing on the matter before a
decision regarding removal is made in accordance with state law. Any
and all vacancies shall be filled by appointment based upon a majority
vote of the Town Council and shall be for the unexpired term of the
vacant position.
D. Officers. The Town Council shall appoint a member of the
Commission to serve as Chairperson. The Commission shall annually
elect a Vice -Chairperson, each of whom shall perform the duties set
forth in this Article.
Section 10.03 BSC Meetings
A. Meetings of the Commission shall be held at the call of the
Commission Chairperson and at other times as determined by the
Commission. All meetings of the Commission shall be open to the
public. The concurring vote of a majority of the members of the
Commission shall be required for any action taken by the Commission
under state law or ordinance adopted by the Town. The Chairperson,
or in the Chairperson's absence the Acting Chairperson, may
administer oaths and compel the attendance of witnesses.
B. The Commission shall keep minutes of its proceedings showing the
vote of each member on each question or the fact that a member is
absent or fails to vote. The Commission shall keep records of its
examinations and other official actions. The minutes and records shall
be filed immediately in the Building Inspection Department as public
records.
C. The Building Official or his designee shall present all cases before the
Commission. As used in this Chapter, the term "Building Official" shall
mean the "Building Official" for the Town of Trophy Club or a person
designated by the Building Official or Town Manager.
Section 10.04 BSC Authority --Generally
A. Ordinances. The Commission shall have the authority granted in this
Article and, in addition, shall have authority to hear and determine
cases concerning alleged violations of Town ordinances:
ORD 2015-13 4
Town Council Minutes June 23, 2015 Page 31 of 41
1. For the preservation of public safety, relating to the materials or
methods used to construct a building or improvement, including the
foundation, structural elements, electrical wiring or apparatus,
plumbing and fixtures, entrances, or exits;
2. Relating to the fire safety of a building or improvement, including
provisions relating to materials, types of construction or design,
warning devices, sprinklers or other fire suppression devices,
availability of water supply for extinguishing fires, or location,
design, or width of entrances or exits;
3. Relating to dangerously damaged or deteriorated buildings or
improvements; or
4. Relating to conditions caused by accumulations of refuse,
vegetation, or other matter that creates breeding and living places
for insects and rodents.
5. Relating to a Building Code or to the condition, use, or appearance
of property in the Town.
B. Other Functions. In addition to the authority granted in this Chapter,
the Building Standards Commission, in its capacity as a review board
for the Town, shall have the following duties and powers including, but
not limited to:
1. Studying proposed Code amendments and making
recommendations to the Town Council regarding any proposed
amendments to the Building and Fire Codes.
2. Hearing from any person requesting a change to the Building and
Fire Codes as adopted by the Town.
3. Serving as an advisor to the Building Official and/or Fire Chief.
4. Hearing appeals from decisions of the Building Official and/or Fire
Chief pertaining to:
a. Use of alternate materials and construction methods. In the
case of a request to use alternate materials or construction
methods, the Building Standards Commission shall determine
whether or not such alternate material or construction method is
in fact equal to the standards of the applicable Building or Fire
Code, considering adequacy, stability, strength, sanitation, and
safety for the public's health and welfare. As used in this
ORD 2015-13 5
Town Council Minutes June 23, 2015 Page 32 of 41
Section, Building Code or Fire Code shall include without
limitation Town adopted building, electrical, plumbing,
mechanical, and fire codes, and abatement of dangerous
building, fence, and swimming pool;
b. Interpretations related to the Building Code or Fire Code as
adopted by the Town, including without limitation, building,
electrical, plumbing, mechanical, and fire, and abatement of
dangerous building, fence, and swimming pool); and
c. Decisions regarding substandard buildings as further provided
in this Article.
5. Ordering the repair, within a fixed period, of buildings found to be in
violation of an ordinance.
6. Declaring a building substandard in accordance with the powers
granted by this Article and/or other local or state law.
7. Adopting and enforcing regulations relating to floodplain
management within the Town and ordering compliance with
floodplain regulations pursuant to the authority granted in this
Article, state law and/or federal law.
C. Variances. The Building Standards Commission shall not be
authorized to grant variances.
D. State Statute. In addition to the authority outlined in this Article, the
Commission may exercise such other powers and authority conferred
upon it by Subchapter C of Chapter 54 and Subchapter A of Chapter
214 "Dangerous Structures" of the Texas Local Government Code, as
amended, or by other statutes or ordinances.
Section 10.05 BSC Authority --Substandard Housing
The Building Standards Commission may hear cases regarding a
substandard structure if the structure is:
A. Dilapidated, substandard, or unfit for human habitation and a hazard to
the public health, safety, and welfare; or
B. Regardless of its structural condition, unoccupied by its owners,
lessees, or other invitees and is unsecured from unauthorized entry to
the extent that it could be entered or used by vagrants or other
uninvited persons as a place of harborage or could be entered or used
by children; or
C. Boarded up, fenced, or otherwise secured in any manner if:
ORD 2015-13 6
Town Council Minutes June 23, 2015 Page 33 of 41
1. The building constitutes a danger to the public even though
secured from entry; or
2. The means used to secure the building are inadequate to prevent
unauthorized entry or use of the building in the manner described
by Subsection B above.
Section 10.06 BSC Rules Governing Proceedings
The Building Standards Commission shall adopt rules to govern its
proceedings provided, however, that such rule shall not be inconsistent
with this Article or laws of the State of Texas. The rules shall establish
procedures for use in hearings, providing ample opportunity for
presentation of evidence and testimony by respondents or persons
opposing charges brought by the Town or its officials relating to alleged
violations of ordinances.
Section 10.07 BSC Criteria for Determining Substandard Condition
A structure shall be considered substandard if:
A. It is in a condition such that it fails to comply with the minimum
standards set forth in the Town's ordinances, including but not limited
to the adopted building, electrical, plumbing, mechanical, and fire
codes; and
B. Such condition exists to the extent that the life, health, property, or
safety of the public or its occupants is endangered.
Section 10.08 BSC Notice
A. Notice of all proceedings before the Commission shall be given:
1. By certified mail, return receipt requested, to the record owners of
the affected property, and each holder of a recorded lien against
the affected property, as shown by the records of the Office of the
County Clerk of the county in which the affected property is located
if the address of the lienholder can be ascertained from the deed of
trust establishing the lien and/or other applicable instruments on file
in the Office of the County Clerk; and
2. To all unknown owners, by posting a copy of the notice on the front
door of each improvement situated on the affected property or as
close to the front door as practicable.
ORD 2015-13 7
Town Council Minutes June 23, 2015 Page 34 of 41
B. The notice shall be mailed and posted on or before the 10th day before
the date of the hearing before the Commission and shall state the date,
time, and place of the hearing. The notice shall also include a
statement that at the hearing, the owner, lienholder, or mortgagee shall
be required to submit proof of the scope of any work that may be
required to comply with applicable ordinance(s) and the amount of time
that such person alleges that it will take to reasonably perform the
work. In addition, the notice shall be published in a newspaper of
general circulation in the Town on one (1) occasion on or before the
10th day before the date fixed for the hearing.
Section 10.09 BSC Action; Time Frames
A. Commission Orders. After notice and hearing and upon finding that a
structure is substandard, the Commission may order any one (1) or
more of the following actions:
1. Order the repair of a substandard structure, within a fixed period as
provided in this Article and/or state law;
2. Order, in an appropriate case, the immediate removal of persons or
property found on private property, order entry on private property
to secure the removal if it is determined that conditions exist on the
property that constitute a violation of an ordinance, and/or order
action to be taken as necessary to remedy, alleviate, or remove any
substandard building found to exist;
3. If the structure is not vacated, secured, repaired, removed, or
demolished, or the occupants are not relocated with the time
allotted by the Commission, the Town may vacate, secure, remove
or demolish the building or relocate the occupants at its own
expense. The Town may assess the expenses on and have a lien
against the property on which the structure was located, unless it is
a homestead as protected by the Texas Constitution,
4. Issue orders or directives to any peace officer of the state, including
a sheriff or constable or the Chief of Police of the Town, to enforce
and carry out the lawful orders or directives of the Commission; and
5. Determine the amount and duration of the civil penalty that may be
recovered by the Town as authorized by Subchapter C of Chapter
54, Texas Local Government Code, as amended. In assessing a
civil penalty, the Commission shall consider the severity of
ORD 2015-13 8
Town Council Minutes June 23, 2015 Page 35 of 41
violations present, the history of compliance of the property or the
owner, and the efforts taken, if any, to correct the violations.
B. Time Frames for Compliance. After making a finding that a building
is substandard, the Commission shall comply with the following time
frames:
1. 30 -Day Time Period. Except as otherwise provided in this Article,
the Commission shall require the owner, lienholder, or mortgagee
of a substandard building to within thirty (30) days of the date of the
hearing:
a. Secure the building from unauthorized entry; or
b. Repair, remove or demolish the building, unless the owner or
lienholder establishes at the hearing that the work cannot
reasonably be performed within thirty (30) days.
2. 30 to 90 -Day Time Period. If the Commission allows the owner,
lienholder, or mortgagee more than thirty (30) days to repair,
remove, or demolish the building, the Commission shall establish
specific time schedules for the commencement and performance of
the work and shall require the owner, lienholder or mortgagee to
secure the property in a reasonable manner from unauthorized
entry while the work is being performed, as determined at the
hearing.
3. Time Period in Excess of 90 Days. The Commission may only
allow the owner, lienholder or mortgagee more than ninety (90)
days to repair, remove, or demolish the building or fully perform all
work required to comply with the order if the owner, lienholder, or
mortgagee:
a. Submits a detailed plan and time schedule for the work at the
Commission hearing; and
b. Establishes at the hearing that the work cannot reasonably be
completed within ninety (90) days because of the scope and
complexity of the work; and
c. Regularly submits progress reports to the Town to demonstrate
compliance with the time schedules established by the
Commission for commencement and performance of the work
as well as other security requirements imposed by the
Commission.
ORD 2015-13 9
Town Council Minutes June 23, 2015 Page 36 of 41
4. Bond Requirement: If the Commission allows the owner,
lienholder, or mortgagee more than ninety (90) days to complete
any part of the work required to repair, remove, or demolish the
building, the order of the Commission may require that the owner,
lienholder, or mortgagee or his designee appear and provide
documentation that the Commission determines necessary to
demonstrate compliance with Commission established time
schedules. If the owner, lienholder or mortgagee owns property,
including structures or improvements on property, within the Town
boundaries that exceeds $100,000 in total value, the Commission
may require the owner, lienholder, or mortgagee to post a cash or
surety bond in an amount adequate to cover the cost of repairing,
removing, or demolishing the building or buildings as authorized by
the provisions of this Article. In lieu of a bond, the Commission
may require the owner, lienholder, or mortgagee to provide a letter
of credit from a financial institution or a guaranty from a third party
as approved by the Town. The bond shall be posted, or the letter
of credit or third party guaranty provided not later than the thirty
(30) days after the date the Commission issues the order.
C. Burden of Proof. The owner, lienholder, or mortgagee shall have the
burden of proof to demonstrate the scope of any work that may be
required to comply with Town ordinances and the time that it will take
to reasonably perform the work.
Section 10.10 BSC Fees for Appeals
A fee of ONE HUNDRED AND FIFTY AND NO/100 DOLLARS ($150.00)
is hereby required for appeals heard at regularly scheduled meetings of
the Building Standards Commission. For appeals that must be heard at a
special called meeting of the Building Standards Commission, an
additional fee of ONE HUNDRED AND FIFTY AND NO/100 DOLLARS
($150.00) shall be required. All fees shall be due and paid at the time an
appeal is filed.
Section 10.11 Failure to comply with Order of BSC
A. If a building is not vacated, secured, repaired, removed, or demolished,
or the occupants are not relocated within the time period ordered by
the Commission, the Town may vacate, secure, remove, or demolish
the building or relocate the occupants at its own expense.
B. If the Town incurs expenses under this Section, the Town may assess
the expenses on, and upon doing so, the Town shall have a lien
against, the property on which the building was located, unless the
property is a homestead as protected by the Texas Constitution. The
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lien is extinguished if the property owner, lienholder, mortgagee or
other person having an interest in the legal title to the property
reimburses the Town for the expenses. The lien arises and attaches to
the property at the time the notice of the lien is recorded and indexed
in the office of the County Clerk of the county in which the property is
located. The notice must contain the name and address of the owner if
that information can be determined with a reasonable effort, a legal
description of the real property on which the building was located, the
amount of expenses incurred by the Town, and the balance due.
Section 10.12 BSC Final Decision
A. A copy of the final decision of the Commission shall be mailed by
certified mail, return receipt requested, to all persons to whom notice
was sent under Section 10.08 of this Article. The copy shall be mailed
promptly after the decision of the Commission becomes final pursuant
to the requirements of this Article.
B. Within ten (10) calendar days after the date that the order is issued,
the Commission shall file a copy of the order in the office of the Town
Secretary. Within ten (10) calendar days after the date the final
decision of the Commission is mailed, an abbreviated copy of the final
decision shall be published one (1) time in a newspaper of general
circulation in the Town, and such notice shall include the street
address or legal description of the property; the date of the hearing, a
brief statement indicating the results of the order, and instructions
stating where a complete copy of the order may be obtained.
C. If no appeals are taken from the decision of the Commission within the
required period, the decision of the Commission is, in all things, final
and binding.
Section 10.13 BSC Judicial Review
A. Any person(s) jointly or severally aggrieved by any decision of the
Commission may present a petition to a district court, duly verified,
setting forth that the decision is illegal, in whole or in part, and
specifying the grounds of the illegality. The petition shall be presented
within thirty (30) calendar days after the date a copy of the final
decision of the Commission is personally delivered or mailed by first
class mail, certified return receipt requested, to all persons to whom
notice is required to be sent pursuant to Section 10.08 of this Article.
B. Proceedings shall not be stayed by an appeal and issuance of a writ of
certiorari and shall only be stayed by the grant of a restraining order or
injunction granted by the district court. The District Court's review shall
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be limited to a hearing under the substantial evidence rule. Costs may
not be allowed against the Commission panel. If the decision of the
Commission panel is affirmed or not substantially reversed but only
modified, the District Court shall allow to the Town all attorney's fees
and other costs and expenses incurred by it and shall enter a judgment
for those items, which may be entered against the property owners as
well as all persons found to be in occupation of the property subject to
the proceedings before the Commission panel.
Section 10.14 BSC Authority—Penalties
A. Civil Penalty. The Commission may assess a civil penalty against the
property owner for failure to repair, remove, or demolish a substandard
structure upon proof presented by the Town that:
The property owner was notified of the requirements in the Town's
substandard building ordinance along with notification of the
owner's need to comply; and
2. The owner continued to violate the ordinance after receiving notice.
B. Amount. A civil penalty imposed pursuant to this Section may not
exceed $1000 per day for each violation, unless the property is shown
to be the owner's legal homestead, in which case the penalty shall not
exceed $10 per day for each violation.
C. Criteria for Assessing Civil Penalty. In assessing a civil penalty, the
Commission shall consider the severity of violations present, the
history of compliance of the property or the owner, lienholder or
mortgagee, and the efforts taken, if any, to correct the violations.
D. Determination Final. A determination made under this Section is final
and binding and constitutes prima facie evidence of the penalty in any
court of competent jurisdiction in a civil suit brought by the Town for
final judgment in accordance with the established penalty.
E. Enforcement of Civil Penalty. To enforce any civil penalty under this
Section, the Town Secretary shall file with the district clerk of the
county in which the Town is located, a certified copy of the order of the
Commission stating the amount and duration of the penalty. No other
proof is required for a district court to enter final judgment on the
penalty.
F. Remedies Cumulative. The remedies authorized under this Article are
inclusive and not exclusive and shall in no way prevent the Town from
exercising any and all other remedies at law to which it may be
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entitled, including proceedings under the jurisdiction of the Municipal
Court or injunctive or other civil relief as allowed by law."
SECTION 4.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances of the Town and shall
not repeal any of the provisions of such Ordinances except in those instances where
provisions of those Ordinances are in direct conflict with the provisions of this
Ordinance; whether such Ordinances are codified or uncodified, and all other provisions
of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with
the provisions of this Ordinance, shall remain in full force and effect.
SECTION 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 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 6.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in accordance with the Town Charter and by filing this
Ordinance in the Ordinance records of the Town.
SECTION 7.
PENALTY
Any Person violating any of the provisions of this Ordinance shall be deemed
guilty of a Class C misdemeanor upon conviction and shall be fined, except as
otherwise provided herein, in a sum not to exceed two thousand dollars ($2,000.00) for
each offense, and a separate offense shall be deemed committed upon each day during
or on which a violation occurs or continues. Further, if the governing body of the Town
of Trophy Club determines that a violation of this Ordinance creates a threat to the
public safety, the Town may bring suit in the District Court to enjoin such violation and
seek such remedies as allowed by law. The civil and criminal remedies and penalties
provided in this Article shall be cumulative of those provided by state law and provided
herein.
SECTION 8.
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PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of
the Texas Local Government Code.
SECTION 9.
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 23�d day of June, 2015.
C. Nick Sanders, May6r
Town of Trophy Club, Texas
[SEAL]
ATTEST: OF T4A&pp�
O G
olly Fimb es, Town Secretary * d!
Town of Trophy Club, Texas
RY 1,
APPROVED AS TO FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
TQRQA%I`-&utes June 23, 2015 Page 41 of 4114